Study Abroad Handbook

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How Foreign Laws Apply to You

In this section, you will find information on what you should know about China's legal system, and the legal system of the countries to which you will be traveling. If you are a U.S. citizen, the U.S. Embassy or Consulate in China is limited in what it can do to assist you if you should get into legal trouble abroad. As a foreigner in a foreign land, you are obligated to act in accordance with foreign law.

Not knowing local laws can get you into serious trouble. Just because something is legal in the United States doesn't mean it is legal in China. Most students who study abroad do not break the law on purpose; instead, they end up doing something illegal without knowing it. Even as a foreigner, you must obey all Chinese laws and the laws of other countries to which you are traveling.

If you break local laws while in China, the U.S. government can do very little to help you. You are granted no special privileges or rights, and will be dealt with according to standard procedure of the legal system of China. The U.S. and Chinese governments encourage all visitors to China to become familiar with local laws before they visit. Upon arrival in China, you may also wish to ask a Chinese official about local laws and procedures. Remember, most students who study abroad wind up breaking the law unintentionally, and alcohol and drug use have been associated with law-breaking in many cases.

For more complete information on Chinese laws and the Chinese legal system, visit the official website of the U.S. Department of State.

• Know the Relevant Laws: Make sure you know the relevant laws for China and each country to which you plan to travel. Foreign laws apply to visitors, regardless of the visitor's country of citizenship.
• Travel Warnings and Consular Information Sheets: Read the U.S. Department of State’s Travel Warnings and Consular Information Sheets for information on the legal system in China and in the countries to which you will be traveling.
• Embassy or Consulate Assistance: If you find yourself in legal trouble in China (arrest, car accident, etc.), the U.S. Embassy or Consulate (or that of the country where you are a citizen) may only be able to assist you in the following ways:
  

  1. Visit you in jail after your arrest
  2. Give you a list of local attorneys
  3. Notify your family and friends and relay request for money and other aid
  4. Intercede with local authorities to help ensure your proper treatment under the law and in accordance with internationally recognized standards
  5. Protest mistreatment
• Legal Representation: You will be responsible for bearing the financial burden of your legal representation as well as the outcome of a trial.
• Constitutional Rights: You cease to be protected by U.S. law and Constitutional rights once you leave the country.
• Unfair Imprisonment: If you feel you have been unfairly imprisoned by another country's government, the U.S. State Department can provide some assistance. It may be necessary to hire a local attorney as well.
• Kidnapping/Terrorism Situations: If you are taken hostage or kidnapped by a terrorist organization, the U.S. State Department may help negotiate for your release. Check with your insurance provider to see if you can purchase additional kidnapping, terrorism or emergency assistance insurance for China and the other countries to which you plan to travel.