Consular Assistance for Citizens in Distress: A Comparison of … · 2020-03-24 · Consular...
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Consular Assistance for Citizens in Distress: A Comparison of National Policies of EU Member States, Switzerland and the UK (Excluding Ad Hoc Measures/Policies Implemented in Response to the Covid-19 Crisis) Disclaimer The information presented in this document was collected in the framework of the Research Project “Migration and Transnational Social Protection in (Post) Crisis Europe (MiTSoPro)” that has received funding from the European Research Council (ERC) under the European Union’s 2020 Research and Innovation Programme (Grant agreement No. 680014). It is based on a survey with national experts who analyzed the legislation in place on 1st January 2019 in each country. The full list of country experts is available here: http ://labos.ulg.ac.be/socialprotection/experts-eu/ (see diaspora experts). This data is still in the process of peer-review. This document is therefore purely informative and is not intended to provide a base for legal action or claim towards public authorities. Readers who wish to be informed about possible responses to their specific difficulties are invited to contact consular authorities (see links below), as they can provide official and updated information. Please note that some states have different policies for nationals abroad depending on whether their stay is temporary (e.g., tourist) or permanent. How to cite this document: Lafleur, J-M. and Vintila, D. (2020) “Consular Assistance for Citizens in Distress: A Comparison of National Policies of EU Member States, Switzerland and the UK”, MiTSoPro Working Paper: http ://hdl.handle.net/2268/246158
Transcript of Consular Assistance for Citizens in Distress: A Comparison of … · 2020-03-24 · Consular...
Consular Assistance for Citizens in Distress: AComparison of National Policies of EUMember States, Switzerland and the UK
(Excluding Ad Hoc Measures/Policies Implemented in Response to the Covid-19 Crisis)
Disclaimer
The information presented in this document was collected in the framework of the Research Project “Migration andTransnational Social Protection in (Post) Crisis Europe (MiTSoPro)” that has received funding from the EuropeanResearch Council (ERC) under the European Union’s 2020 Research and Innovation Programme (Grant agreement No.680014). It is based on a survey with national experts who analyzed the legislation in place on 1st January 2019 ineach country. The full list of country experts is available here: http://labos.ulg.ac.be/socialprotection/experts-eu/ (seediaspora experts).
This data is still in the process of peer-review. This document is therefore purely informative and is not intended toprovide a base for legal action or claim towards public authorities. Readers who wish to be informed about possibleresponses to their specific difficulties are invited to contact consular authorities (see links below), as they can provideofficial and updated information. Please note that some states have different policies for nationals abroad dependingon whether their stay is temporary (e.g., tourist) or permanent.
How to cite this document: Lafleur, J-M. and Vintila, D. (2020) “Consular Assistance for Citizens in Distress: AComparison of National Policies of EU Member States, Switzerland and the UK”, MiTSoPro Working Paper:http://hdl.handle.net/2268/246158
Austria
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link Seriously ill Austrians abroadwho are no longer able toprovide for themselves can berepatriated and brought intoa hospital in Austria (if thereare no relatives who can helpthem). Applications need tobe made with the relevantAustrian representationabroad. Financial support forrepatriation and/or placementin hospital is decided upon onan individual basis, takinginsurance, assets, income andrelatives into account.Support does not necessarilyhave to be repaid.
Austrians abroad who findthemselves in seriousdifficulties can apply via therespective Austrianrepresentation to the Fundfor the Support of AustrianCitizens Abroad. It can bepaid once or periodicallydepending upon whetherthe person faces atemporary emergency orpermanent financialhardship. The assistance isonly paid if the person doesnot have enough income orassets, nor financial supportfrom relatives. There is noobligation forreimbursement.
Link
PAGE 1
Country expert: Anita Heindelmaier
Belgium
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link In a crisis situation when animportant number of citizens arepotentially involved, the CrisisCentre of the Foreign AffairsMinistry can organizerepatriation. Outside of a crisesperiod, the General Direction ofConsular Affairs can organizethe repatriation of an individualonly in exceptional cases afterthe person has used all possibleresources to resolve theproblem by her/himself. In thatcase, the service can organizethe repatriation but theindividual has to commit toreimburse the cost incurred.
Consulates can providefinancial assistance to a citizenin distress. This support oftentakes the form of a financialadvance when immediate costshave to be dealt with. Thisfinancial support is exceptionaland is only provided whenthere is no alternative (i.e., fromfriends, family, etc.). Thebeneficiary is asked toreimburse this financialassistance.
Link
PAGE 2
Country expert: Jérémy Mandin
Bulgaria
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link Bulgaria does not offerrepatriation but can assistindividuals in connecting withrelatives who can help. If aperson is homeless abroad anddoes not have a home orrelatives in Bulgaria, authoritiescan help find a suitable NGOand facilitate assistance of localsocial workers.
The official website of theMinistry of Foreign Affairsstresses that it does notprovide any financial support incase of hardship.
Link
PAGE 3
Country expert: Zvezda Vankova
Croatia
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help
(general policy)
Additional information on
consular response to COVID-19
crisis
Link Article 14b of the Law on ForeignAffairs provides that diplomaticmissions and consular offices canprovide assistance to Croatian citizenswho find themselves in distress abroad,by facilitating their return to Croatia.Such assistance can include advice toreturn to Croatia using citizens’ ownfinancial means; or assistance inobtaining the necessary funds fromtheir own or other sources.
In exceptional circumstances, when thedelay of the citizen’s return may causeserious consequences and there is noother option of providing means forreturn, the Head of the diplomaticmission or Consular Office may, uponwritten request and identification(passport, ID), approve the granting ofa loan (cash advance or payment to anaccount) and determine the manner ofits expense (transportation, stay,various costs). A written and signedcommitment to repay the borrowedfunds upon return to Croatia (includingcompensation for provided services,repatriation and urgent issuance ofdocumentation) is required. TheSecretary General of the Ministry maymake a decision on the partial or totalrelease of the obligation to repay theloan.
See column on the leftfor information on loans.
Link
PAGE 4Country expert: Daphne Winland
Cyprus
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link In crisis situations such asrevolutionary uprisings, civilwars, riots, earthquakes,tsunamis, hurricanes or terroristattacks, the Ministry of ForeignAffairs will make efforts to locateCypriot nationals in order tohandle their requests formedical assistance, evacuationor repatriation (further
information: Link).
Cypriot consular services canoffer financial assistance toCypriots abroad if a familymember deposits the sameamount of money as aguarantee on the account ofthe Accounting Office of theMinistry of Foreign Affairs. Inspecial/dire cases, a smallfinancial aid can be granted toCypriot citizens against thepromise of futurereimbursement (furtherinformation: link).
Link
PAGE 5
Country expert: Angeliki Konstantinidou
Czechia
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link Act. No. 150/2017 on foreignservice indicates thatrepatriation is usually used inreaction to specific individualcrisis situations (accident, death,being the victim of a crime etc.),political circumstances andnatural disasters.Representative authoritiesprovide necessary informationto nationals abroad or theirrelatives, issue necessarydocuments, and may facilitatecontact with the relevantinstitutions (courts, hospitals,insurance companies etc.) in thehome and host countries.Financial help is not provided. Inexceptional circumstances, theMinistry of Foreign Affairsarranges collective evacuationsof Czech nationals (e.g., fromLibya in 2011, from Lebanon in2006, from Ukraine in 2015) orresettlement programmes,based on governmentresolutions reacting to specificpolitical situations or naturaldisasters.
Act. No. 150/2017 on foreignservice indicates thatauthorities can provideadequate financial or materialsupport, if this is indispensableand cannot be obtained byother means. Beneficiarieshave to commit to cover thecosts of consular protection.This obligation can bewaivered in exceptionalcircumstances.
Link
PAGE 6
Country experts: Eva Janska and Kristýna Janurová
Denmark
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link In cases of accidents abroad,consulates can help withcontacting insurance companiesor family members, and withfinding a hospital. They do notpay for hospital stays,repatriation or any other costs.The Ministry of Foreign Affairshas a Crisis Center, whichbecomes active if a natural orman-made crisis occurs.According to the MFA website,this center provides an overviewof the extent of disaster,provides support to embassy orconsular staff, establishescommunication and othertechnical infrastructure, searchesfor Danes abroad and assiststhem, and cooperates with localand international authorities. Nopublicly available informationprovides details as torepatriation in such cases.
As a rule, cash assistance is notoffered by Danishrepresentations abroad. Inexceptional cases, money canbe lent, against a signeddocument and guarantees forrepayment.
Link
PAGE 7
Country expert: Romana Careja
Estonia
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link According to the Consular law,consular authorities can helpEstonian citizens or aliens whoare in a state of emergency inthe event of an accident orillness, are victims of a crime orare in any other circumstanceand not in a position to leave thesituation (no other specificconditions mentioned). Consularauthorities can also advise andassist nationals in the ConsularArea by contacting the family orother relatives, facilitating returnto Estonia, protecting the rightsof citizens abroad, andarranging for hospital treatmentor other essential necessities. Iffinancial assistance is provided,it must be repaid to the statewithin 90 days.
Consular authorities canprovide financial assistance onthe basis of a writtenapplication by the citizen inneed, who provides acollateral. In the absence of acollateral, a consular officermay provide financialassistance in agreement withthe Ministry of Foreign Affairs.Financial assistance grantedwithout a guarantee has to berepaid to the state within 90days.
Link
PAGE 8
Country expert: Maarja Saar
Finland
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link Consulate service law 498/199912§3 indicates that consulatesprovide information and assistFinnish nationals in health- andinvalidity-related emergenciesby getting in contact with theirnext of kin or other relevantpeople, helping them accesshealthcare, helping them returnto Finland (no further detailsprovided), getting legal help,reporting a crime, and othernecessary tasks. Consulates canalso help with getting access tocash from Finland in cases ofemergency.
Finnish consulates can helpwith a) a small grant to respondto immediate distress; b) ahome-away allowance (againsta repayment commitment if adeposit is not possible); c)borrowing money for travellinghome; or d) loaning money topay for necessary andtemporary care for illness in thecase that a Finn cannot obtain adeposit. Consulates may stillhelp a Finn economically whens/he cannot repay a loan dueto the severity of her/his illness,or another comparable cause(Act of Consular services 1999)
Link
PAGE 9
Country expert: Maili Malin
France
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on consular response to COVID-19
crisis
Link Repatriation and assistance toFrench citizens abroad in theevent of death, illness, orhardship is available under“extraordinary circumstances”.The state can organize therepatriation and pay relatedexpenses but the beneficiary’sfamily is expected to reimbursethe totality of those expenses.Those circumstances may includecases of French citizens abroadfacing economic hardship,though the lack of clear criteria inthe legislation leaves the relevantconsular authorities withsignificant discretionary powersin assessing individual cases.Once they are declared eligiblefor repatriation, individuals arethen directed by authoritiestowards associations in France,which may cater to theirparticular needs. Upon theirreturn in France and providedthey meet the general eligibilityrequirements, they may beentitled to a provisional shelter, amedical assistance, and/or theHumanitarian State Medical Aid(i.e. Aide Médicale de l’ÉtatHumanitaire, a universal healthcoverage for persons who arenot affiliated to the generalregime).
The following cash schemes areavailable to French citizensabroad: 1) Secours occasionnels:discretionary coverage ofexpenses to French citizens facingexceptional circumstancesabroad; 2) Aides exceptionnelles:cash payments exceptionallymade to French citizens who arenot registered with the consulateor are prisoners in a foreigncountry; 3) Allocation de solidaritéen faveur des personnes agées(AS): for persons above 65 yearsof age who meet certain economicconditions; 4) Allocation pour lesadultes handicapés et aidescomplémentaires (AAH): monthlycash payment to French citizenswith a disability who meet certainincome requirements; 5)Allocation pour les enfantshandicapés et aidescomplémentaires (AEH): monthlycash payment to the caregiver of achild with a disability who meetscertain income requirements; 6)Allocation à durée déterminée(ADD): time-limited financialassistance to French personsabroad who meet certain incomerequirements and are 'in distress';7) Secours mensuels spécifiquesenfants (SMSE): extraordinarypayments to children 'in distress'.
Link
PAGE 10Country experts: Jean-Thomas Arrighi and Jean-Michel Lafleur
Germany
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link § 5 Konsulargesetz (ConsularAct) specifies that in strictlydefined individual cases, if it isadvisable, a consular officer mayenable an individual's return tohis/her place of habitualresidence, or to another place.Any such costs are to bereimbursed.
§ 5 Konsulargesetz (ConsularAct) specifies that in strictlydefined individual cases, if it isadvisable, a consular officermay offer financial assistance.Any such costs are to bereimbursed. Open hotel orhospital costs, or fines, will notbe paid. If an emergencysituation continues for morethan two months, and it is notpossible for them to return toGermany (possible groundsare: raising a child whichcannot leave the country forlegal reasons; lengthyhospitalization; state authority),then Book 12 of the SocialCode shall be applied (§24;Germans abroad shall notreceive social assistance exceptin cases where it is not possibleto return to Germany; theywould normally be expected toreturn to Germany to receiveassistance). Assistance will notbe given if it would normally beexpected from the country ofresidence.
Link
PAGE 11
Country expert: Amanda Klekowski von Koppenfels
Greece
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link No specific, permanentrepatriation policy exists,although some evacuations havebeen organized in cases ofnatural disasters or waroutbreaks. Greek consularauthorities usually establishcontacts with next-of-kin in othercases of emergency. The onlyrecent case of mass-scalerepatriation was the Lebanon2006 crisis where 439 Greekcitizens and 2217 other EUcitizens were evacuated at nocost.
In cases of a serious illness oraccident, consular authoritiesinform next-of-kin, arrange visitsand provide information onexisting services to the Greekcitizens affected. A medicalevacuation is predicated uponthe consent of nationalauthorities in Greece as well asthe existence of financialresources – it is not stipulatedwhether, how much and whenthe person in need has to payfor a medical evacuation.
There is no official ordiscretionary policy of handingout cash loans to Greek citizensliving abroad who are indistress.
Link
PAGE 12
Country experts: Michalis Moutselos and Georgia Mavrodi
Hungary
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link Act XLVI of 2001 on ConsularProtection does not differentiatebetween nationals temporarilyor permanently residing abroad.The law on consular protectionrefers to the consul'sresponsibility to help Hungariancitizens abroad in danger toreturn to Hungary. The consulhelps and supports therepatriation process of a citizenin need by: providing a newpassport, if needed; providingadvice for the return journey;providing assistance to securethe amount needed for thereturn journey; and providing aconsular loan to facilitate aprompt return journey if thecitizen is in a critical financialsituation (in exceptional cases,due to the social-financialsituation of the citizen, theconsular loan may not be repaidor may be repaid only partially).In case of natural disasters, waror armed conflict, consulatestake measures to inform andenquire about Hungariancitizens affected andcontinuously evaluate thesituation. If necessary, the consulmay suggest to the governmentthe evacuation of nationals.
There is no cash benefit policyfor nationals residing abroad.Cash benefits offered byconsulates are only applicableto emergency situations, understrict conditions and, mostfrequently, the consular loanmust be returned. Inexceptional cases, due to thesocial-financial situation of thecitizen, the consular loan maynot have to be repaid or maybe repaid only partially; it is thediscretionary decision of theconsulate.
Link
PAGE 13Country expert: Eszter Herner-Kovács
Ireland
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link In very exceptionalcircumstances where the healthor security of an Irish citizenabroad is at risk, the Departmentof Foreign Affairs and Trade mayagree to repatriate the person toIreland. Repatriation in thisinstance is subject to strictconditions, which are set out ineach individual case (noguidelines available). Theconditions include a writtenundertaking to repay all theexpenses incurred as well as astatutory fee for this service.
The Consular AssistanceCharter specifically states thatthere is no budget forConsulates to give any sort offinancial aid for medical, legalor other expenses (Link).
Link
PAGE 14
Country expert: Mary J. Hickman
Italy
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link Presidential Decree of January 5,1967, n. 200 indicates that in case ofhealth-related economic hardship,Italians residing abroad in a state of“documented indigence” can contacttheir consulate to benefit from a“consular repatriation” at the expenseof the Treasury Department. Thisconcerns only Italian citizens who areexperiencing issues that cannot beresolved locally in the host country.Abandoned minors can also berepatriated. The consular repatriationis provided by the Ministry of ForeignAffairs, in collaboration with thecompetent local authorities(prefectures, police, municipalities,local health departments, socialservices, etc.). Repatriationprocedures at the expense of theTreasury Department are limited tocases of proven financial hardship, asverified by the diplomatic offices; in allother instances, repatriation can occursubject to the grant of a loan that mustbe repaid. The consular repatriationrequires, by the Consulate, theassessment of the actual state ofpoverty and the availability of family orsocial services (e.g. retirement homes)in Italy willing to welcome the citizenupon his/her return. A medicalrepatriation is provided to Italiancitizens that fall medically ill only in thefollowing cases: life-threateningsituations in which transport isimpossible and cannot be arrangedlocally; for surgeries that must beperformed in very specific time frames(i.e. a transplant).
An Italian citizen residing abroadcan address the Social ServicesOffice of his/her Consulate toreceive exceptional temporaryassistance (Assistenza e sussidi afavore dei connazionali indigentiresidenti all'estero), which mayinclude: a “food parcel”; anabsolutely exceptional cash aid,determined by the Ministry ofForeign Affairs; a loan, due tounexpected economic difficultiesand the impossibility of using thehelp of family members or thirdparties; consular repatriation, tobe paid by the Treasury. TheConditions to access suchassistance are: holding the Italiancitizenship, a documented state ofindigence, and registration withthe Register of citizens abroad(AIRE). Subsidies are primarilyaimed at poor citizens who are notentitled to social benefits, eitherfrom the country of origin or thecountry of residence. Only cashloans are to be repaid.
Link
PAGE 15Country expert: Carlo Caldarini
Latvia
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link No publicly availableinformation was found onrepatriation of nationals in caseof emergency.
NB: In the Latvian context,repatriation is also frequentlyunderstood as help to return forthose, mainly ethnic Latvians,who left the country before the1990s during the USSR.
For citizens temporarily abroadwho face a medicalemergency, Latvian authoritiesindicate that no dedicatedbudget exists in this situation(further information: link).
Link
PAGE 16
Country expert: Aija Lulle
Lithuania
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link The Resolution of theGovernment of the Republic ofLithuania No. 618 on theApproval of the Procedure ofthe Provision and Return of theState Material Support toCitizens of the Republic ofLithuania in Cases of Hardshipstates that embassies andconsulates are authorized toprovide material support tovictims of crimes and in cases ofaccidents or illness for thepurposes of covering expensesfor necessary medical aid, travelto Lithuania, andaccommodation. The support isnot provided in the form of cashbenefits, but transferred to theproviders of services. Financialassistance must be reimbursedwithin three months after itsissuance.
NB. In the Lithuanian context,repatriation is frequentlyunderstood as the repatriationof Lithuanians who had, duringthe period of the Soviet Union,been forced to move to otherterritories in the USSR. Measuresof social support to thesepersons include housing,compensation of the costs oftravel and social integration.
See column on the left fordetails.
Link
PAGE 17Country experts: Dangis Gudelis and Luka Klimavičiūtė
Luxembourg
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link Assistance is discretionary andbased on ad-hoc decisionsdepending on specificcircumstances and the degree ofvulnerability of the concernednational(s). Consulates have nolegal obligation to repatriateLuxembourg nationals. However,in exceptional circumstances(accident or serious illness,death, natural disaster, terroristattack, epidemic, politicaltensions) in a country whereLuxembourg is represented by adiplomatic/consular mission, thelatter - or the Directorate ofConsular Affairs andInternational Cultural Relations -can organise repatriation. Theconsulates or the Directorate donot cover the expenses.However, on a discretionarybasis and in exceptionalcircumstances, they can advancethe money if a sufficientguarantee of reimbursement hasbeen provided by thebeneficiary or her/his family.
Consular assistance isdiscretionary and based on ad-hoc decisions depending onspecific circumstances anddegree of vulnerability of theconcerned national(s). TheDirectorate of consular affairsand international culturalrelations, in collaboration withits diplomatic and consularposts, has for mission to assistLuxembourg nationals who findthemselves in difficulty or evendistress abroad: death of arelative, serious illness,accident, theft of documents,detention, major public healthor security issue are clearlymentioned in various texts.They will contact the family ofthe national in question to passon the information, assist thenational and his/her family withlocal procedures, collect themoney sent by the relatives topay the repatriation or thetreatment, etc. The Ministry ofForeign Affairs mentions thatunder no circumstances theDirectorate or thediplomatic/consular missionwill pay for hospitalisation,repatriation, or medicine.
Link
PAGE 18
Luxembourg(Continued)
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
In consequence of major naturaldisasters, epidemics andterrorist attacks, the Ministry ofForeign and European Affairshas decided to create a specificwebpage "LamA - Lëtzebuergeram Ausland" (Luxembourgerabroad). Luxembourg nationals(travellers or persons livingpermanently abroad) and thepersons who are accompanyingthem can declare their stayabroad. By reporting their tripsor residence abroad to theMinistry of Foreign andEuropean Affairs, Luxembourgmay be more responsive in caseof major events requestingassistance and/or repatriation ofnationals.
However, on a discretionarybasis and in exceptionalcircumstances, they canadvance the money if asufficient guarantee ofreimbursement has beenprovided by the beneficiary orher/his family.
NB. In countries in whichLuxembourg is notrepresented, Luxembourgnationals may turn to Belgiandiplomatic/consular missions ifso required, in accordance withthe 1965 Convention withBelgium on consularcooperation (in addition totheir right to seek help from theembassy or consulate of anyother EU Member State if theyfind themselves outside the EUwith no consulate from theirown Member State).
PAGE 19
Country expert: Natalie Perrin
Malta
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link There are no specificrepatriation policies in place,however consulate or embassyofficials in the host country mayassist in organizingarrangements and acting as aliaison between the citizen andthe authorities (no furtherinformation available).
No cash benefits are providedby the Maltese Government tonationals residing abroad.
Link
PAGE 20
Country experts: Hillary Briffa and Alessandra Baldacchino
The Netherlands
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link Consular assistance in theNetherlands is based on policyand not a legal right. Therefore,the Netherlands is under nolegal obligation to provideconsular assistance. Assistancecan only be provided rationepersonae. For example, theMinistry of Foreign Affairs waspartly responsible for therepatriation of the victims’remains and personalbelongings of Dutch nationalswho lost their lives in the MH17crash in 2014. This exampleshows that in exceptional casesof emergency, the Dutchgovernment is willing to provideconsular assistance.
The Ministry of Foreign Affairsdoes not offer financialsupport. Financial advances arerarely given, and only if theDutch national abroad signs adeclaration in which he/shepromises to repay the advanceloan.
For nationals who have beenadmitted to hospital but are notinsured for medical treatmentin a foreign country, theembassy can ask the family inthe Netherlands to transfermoney.
Link
PAGE 21
Country experts: Joost Jansen and Robbert Goverts
Poland
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link According to the Ordinance ofthe Minister of Foreign Affairs of18 December 2015 on financialassistance provided by theconsul of the Republic of Poland,the consul may, upon request,provide a Polish citizen staying inthe consular district with financialassistance to cover necessaryexpenses to return to Poland.This is the only financial supportsuggested by the law. It isaccessible to Polish citizensliving inside and outside the EUand its amount is not fixed.There is an obligation toreimburse after return (theapplicant must submit adeclaration of commitment toreturn all or part of the amountreceived on the date indicatedby the consul).
NB. Poland also has specificrepatriation policies for Polishindividuals residing in formerUSSR countries.
Article 48 of the Consular Lawof June 25th 2015 indicatesthat, in justified cases, theconsul may grant aid to Polishcitizens living in a consulardistrict who are in need ofassistance and unable toreceive it from other sources.Payments may be granted tomeet basic living needs, inparticular, to purchasenecessary medicines, food,clothing, or school aid, or topay for necessary care if theperson concerned is in adocumented difficult situation.The service is offered to bothnationals residing inside andoutside the EU. The financialassistance can be recurrent, butit is generally non-recurrent.There is no obligation for thenational or her/his family toreimburse it.
In the event of an accident orserious illness, consuls cannotify the family, visit thehospital, provide informationand/or cooperate with theinsurance company.
Link
PAGE 22
Country experts: Magdalena Lesińska and Izabela Wróbel
Portugal
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link In accordance with the Decree-Law 162/2006, the repatriationof Portuguese citizens can occurwhen citizens lack the necessarymeans to support return costsdue to life-threatening medicalsituations where local treatmentis impossible and in cases ofexpulsion. Each one of thesesituations is evaluated by theconsular section. Except in casesof expulsion, repatriation onlytakes place by the express will ofthe repatriating citizens or theirrepresentatives. The repatriatedPortuguese national should havethe means to reimburse theState the amounts spent in therepatriation process, and shallmake a reimbursementcommitment in a writtendeclaration. In recent years, themain reasons for repatriationhave been accidents, weatherconditions (e.g., Hurricane Irmain 2017), irregular presence inhost country (e.g., in Canada orthe USA), and political andeconomic instability in hostcountries (e.g., Venezuela).
In the case of an accident,consulates shall provideassistance equivalent to thesupport received in Portugal,seeking to ensure thenecessary medical assistanceand taking all other measuresappropriate to the situation.Citizens who have receivedhelp from the consulates andwhich have the means toreimburse the State have tosign a written declarationstating their commitment ofreimbursement. The law doesnot give any further indicationson the conditions to which thisassistance is made and on thesituations that allow a citizen toseek help from the consulates.
Link
PAGE 23
Portugal(Continued)
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
In case of economic hardship,consulates can promoterepatriation to Portugal inexceptional circumstances andproven economic failure.Repatriation is only possiblewhen other means to overcomethe economic hardship of thecitizen abroad are not possibleand after signing an agreementfor reimbursement to thePortuguese State.
PAGE 24
Country experts: José Carlos Marques and Pedro Góis
Romania
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link Law no.198/2008 on ChargedConsular Services and theHandling of Fees levied byDiplomatic Missions andConsular Posts of RomaniaAbroad indicates that theMinistry of Foreign Affairs is ableto make full use of the collectedextra fees for the consularservices urgently rendered in thefollowing situations: payment oftransport costs for Romaniancitizens in special situations andwithout financial resources andof children without a legalguardian including the paymentof transport, accommodationand daily allowanceexpenditures for the personsaccompanying them, whereassisted repatriation is required.It also allows for the payment ofthe repatriation expenses for thebodies of Romanian citizensdeceased abroad when thefamily cannot bear therepatriation costs.
These payments are now mostlycovered from the state budget.In practice, repatriation costs arecovered by the consular officesor embassies, only inexceptional cases, and requireprior ministerial approval.
See the column on the left fordetails.
Link
PAGE 25Country experts: Felicia Nica and Madalina Moraru
Slovakia
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link There is no general policy thatlegally binds the consulates tooffer repatriation services tonationals residing abroad. Inspite of this, some consulates, ona discretionary basis, do offermedical help in exceptionalmedical circumstances,repatriate nationals in countriesaffected by natural disasters, orin exceptional circumstances.
In cases of natural disasters, waror violent/armed conflicts,consulates also take measures toinform and enquire about Slovakcitizens affected andcontinuously evaluate thesituation.
There is no general policy bywhich consulates offer specificcash benefits but the Act ofForeign Service No 151/2010defines the consular servicesaccessible to nationals abroadwho finds themselves insituation of danger. Servicesinclude providing loans tonationals abroad (only in casesof emergency) or financingtransportation back to Slovakia(no further details available)
Link
PAGE 26
Country experts: Michal Vašečka and Viera Žúborová
Slovenia
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link Slovenia has a repatriation policyfor Slovenian citizens inemergency situations, such asterrorist attacks, naturaldisasters, situations of politicalunrest, or serious economiccrises. The Ministry of ForeignAffairs defines what the crisissituation is and can recommendto the Government of theRepublic of Slovenia to back itsmotion for repatriation. In casethe Government confirms themotion, all costs of repatriationare covered from the nationalbudget and do not need to bereimbursed.
NB. Slovenia also has a specialrepatriation policy for Slovenianminorities who do not holdcitizenship.
In cases of extreme urgency,the Ministry of Foreign Affairsmay offer distressed nationalsof the Republic of Slovenia afinancial advance. The Ministryof Foreign Affairs shall earmarkthese funds in its budget. Aftertheir return to the Republic ofSlovenia, nationals must repaythe financial advance to theMinistry, or to the diplomaticmission or consular post of theRepublic of Slovenia in thecountry of residence in the casethey live abroad. A situation ofextreme urgency shall be asituation where an individualhas no one who could providehim/her, either through theMinistry of Foreign Affairs or insome other way, with funds forfundamental necessities orreturn to the country of origin.
Link
PAGE 27
Country experts: Mojca Vah Jevšnik and Sanja Cukut Krilić
Spain
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link Order AEX/1059/2002 on theRegulations for ConsularProtection and AssistanceAbroad indicates thatrepatriations are part of themission of consulates. Theconditions of access varydepending on the modality, butall include the applicant’s lack ofresources. The benefit ought tobe reimbursed but, in case ofeconomic hardship, the Spanishgovernment can cover totally orpartially the expenses derivedfrom the repatriation. The serviceis offered to nationals residingeither inside or outside the EU.
Order AEX/1059/2002 on theRegulations for ConsularProtection and AssistanceAbroad indicates that theMinister of Foreign Affairs mayprovide several types ofassistance: repatriations,evacuations, subsistence,allowances in case ofextraordinary emergencies(e.g. being a victim of illicit acts,robberies or accidents),allowances for Spaniardsincarcerated abroad,allowances for legal aid andallowances for burial andcremation. Aid provided underthis framework is reimbursable.The conditions of access varydepending on the modality,but all include the applicant’slack of resources. Aid is notrecurrent and the amountvaries depending on themodality and applicant’ssituation (the amount can rangefrom 100 € to 30000€).
Link
PAGE 28
Country expert: Pau Palop García
Sweden
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help (general policy)
Additional information on
consular response to COVID-19
crisis
Link The Swedish Codes of Statutes2003:491 (The Law of ConsularAid) indicates that consulatescan authorize a "reasonable"amount of cash to cover costsdirectly related to a specificsituation. This includesrepatriation in cases of healthemergency if all other avenueshave been exhausted and ifthere is an acute need for theindividual. The individual oranother person will be liable toreimburse the state. Thisprotection is most often used forcitizens outside the EU. This lawmostly covers cases when care iscompletely unavailable orinadequate.
Swedish consulates do not, as arule, offer economic assistanceto their citizens abroad exceptfor extremely short termsituations (for example, a loanto facilitate travel home toSweden or for life-sustainingcare). In these cases, assistanceis provided only when all otheroptions are exhausted and theemergency was bothunforeseen and reasonableprecautions had been taken.No specific amount is specified,but the law on economicassistance simply mentions thatthe amount must bereasonable. The fee for such aloan is 600kr, and the full loanplus the fee is to be repaidwithin a month by thebeneficiary, or by individualswhom the beneficiary used as areference.
Link
PAGE 29
Country experts: André Olsson Nyhammar and Erik Olsson
Switzerland(Non-EU)
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help
(general policy)
Additional information on
consular response to COVID-19
crisis
Link The 2014 Federal Act on Swiss Personsand Institutions Abroad grants assistanceto Swiss abroad who are in need uponapplication through the competentrepresentation. This policy allows for acash advance in the case of a financialemergency, or financial assistance forrepatriation. Any Swiss citizen livingabroad who is in financial difficultiesabroad, which cannot be resolved in anyother way, can turn to the closest Swissrepresentation (embassy, consulategeneral or consulate). Repatriation maybe requested by the person orsuggested by the representation. Thecost of repatriation can be covered bythe consulate in agreement with theConsular Directorate in Bern.
Aid recipients must repay assistance ifthey no longer require them and are ableto support themselves and their families.Assistance may be claimed back up toten years after the last payment.
In urgent cases, the representationgrants the essential emergency aid andnotifies the Consular Directorate, whichmay authorize representations to grantadditional assistance on their owninitiative.
See the column on theleft for further details.
Link
PAGE 30
Country expert: Lorenzo Piccoli
UK (Policy prior to Brexit)
Contact details of
consulates
Repatriation policy (general policy)
Availability of financial help
(general policy)
Additional information on
consular response to COVID-19
crisis
Link The Foreign & Commonwealth Office(FCO) is not funded to provideemergency financial assistance, and theConsular Act 1968 does not specify anyobligation to provide financial assistancein emergencies. However, as stipulatedby FCO policy in the customer charter'Support for British nationals abroad: Aguide' the FCO may be able to providean emergency loan to help a Britonreturn to the UK. However, this isdiscretionary, only considered inexceptional circumstances and only if allother methods have been exhausted. Ifeligible, the Briton must sign a‘undertaking to repay’ agreement wherethey agree to repay the loan. The loanwill be secured by giving up theirpassport to FCO staff. However, therehave been exceptional cases where theUK government has repatriated Britons.For example, in October 2017 thegovernment (Department of TransportNOT FCO/consulates) ordered thecountry's biggest peacetime repatriationto fly 110,000 Britons to the UK followingcollapse of the airline Monarch (Link)
In addition, the FCO operatesExceptional Assistance Measures, whichprovide additional practical support to allBritish nationals (tourists and emigrants)affected by terrorist attacks overseas, andtheir families.
As indicated in thecolumn on the left, anemergency loan canbe provided inexceptionalcircumstances.
Link
PAGE 31
Country expert: Erica Consterdine
