In Some Countries Dangerous Legal Pitfalls Await the Unwary Visitor By DAVID KOEPPEL New York Times January 28, 2003
An American telecommunications executive on business in Venezuela is involved in an automobile accident that severely injures the other driver. Even though he is not at fault, he is arrested. A businessman traveling in the Middle East is arrested at the airport for possessing a pornographic magazine. A Connecticut dealer in meteorites is jailed in Brazil, accused of stealing a meteorite. While the vast majority of business conducted by Americans abroad is relatively problem-free, security specialists, lawyers and diplomats all recommend taking great care in countries where navigating an array of obscure and often byzantine laws can be perilous. The State Department estimates that about 3,000 Americans are arrested in foreign countries every year, and most experts say the true figure is probably higher. In many cases, guilt or innocence is irrelevant. "When you're traveling abroad for business or pleasure you need to understand something about the country's legal and cultural background," said Alexander Tabb, the associate managing director of the Security Services Group of Kroll Inc. "Just because you're an American doesn't make you safe, and it doesn't mean some cop won't beat the living daylights out of you." Even innocent gestures like taking photographs can court trouble. And reckless driving or possession of even a small amount of drugs can land you in jail for years. Prison conditions in most developing nations are at best squalid and at worst extremely dangerous. Ronald Farrell, 48, a buyer and seller of meteorites in Bethany, Conn., discovered how dangerous. Mr. Farrell spent 75 days in a Brazilian federal prison in 1997 after he and an associate were accused of stealing a meteorite from a museum, a charge he said was baseless. Mr. Farrell said he was locked in an 18-by-20-foot foot cell with 16 other prisoners, including convicted murderers, given inedible meals and threatened by guards with beatings. In his second month of captivity, he said, he managed to bribe officials into giving him better food and letting him make cellphone calls to his wife back home. After his lawyers bought his freedom for $25,000, he said, he was forced to remain in Brazil for two months. He said that throughout the ordeal the American consulate offered little assistance. "I still suffer from trauma when I travel," he said. "I can wake up in a strange hotel and think I'm still back in that Brazilian cell." Kelly Shannon, a State Department spokeswoman, declined to comment on Mr. Farrell's case, but said that the help that consular officers could give to jailed Americans was limited. The officers generally visit the prisoners and can bring food, medication and reading material; make legal recommendations; insist on proper treatment; notify the prisoners' families; and file protests about prison conditions. But, she said, they cannot demand a detainee's release or provide a lawyer. The State Department recommends that travelers check its Web site (www.travel.state.gov) for specific warnings and advisories. While most business travelers are smart enough not to bring illegal drugs or firearms into foreign countries, they can be caught unaware by some local regulations. Many countries prohibit taking photos of government buildings and airports, for example; Ms. Shannon said a woman was detained in Zimbabwe for photographing a government mansion last year. And Japan bans such commonplace over-the-counter medications as Tylenol Cold Medicine and Nyquil. Bruce McIndoe, chief executive of iJet, a Maryland company that provides legal, cultural and security information about 182 countries to mostly corporate and government clients, urges travelers to be alert to local mores, like whether police will seek a bribe or bristle at one. In Thailand, he said, it is not unheard-of for drugs to be planted in a traveler's suitcase. About the worst thing that can happen is to be arrested for drug possession. Scores of Americans have been imprisoned in Thailand on drug charges in recent years, for example, most of them claiming they were coerced or duped. In one highly publicized case, Stephen Roye, an American journalist, was arrested in 1994 at the Bangkok airport and charged with possessing about six pounds of heroin. Mr. Roye, now 57, said he had been doing research for an article on the drug trade and was forced into concealing the contraband in his luggage by heroin smugglers who threatened to kill his mother and son. He received a life sentence that was later commuted to 40 years; last month, he was allowed to return home and complete his sentence in the United States. Richard Atkins, the vice president of International Recoveries, a Philadelphia organization that works with Americans arrested abroad, says a more common risk is being detained in car accidents, especially if there are serious injuries. Drivers and passengers alike can "wind up in a hellhole of a prison cell," Mr. Atkins said. "Investigations can sometimes last several months," he added. He strongly recommends carrying a charged cellphone and having adequate travel insurance that includes a 24-hour legal-consultations service. He recalled a client who was arrested several years ago in Venezuela after his car was struck in the rear by another driver, who was seriously injured. The client, an American telecommunications executive, grabbed his cellphone and called his travel-assistance company's hot line even as he was being taken away by police, Mr. Atkins said. The company then called International Recoveries with his insurance information, the name of co-workers and Venezuelan officials to contact immediately, he said. The client was released from custody within several hours. Other experts recommend finding a reliable and licensed car service in unfamiliar countries. Gladson I. Nwanna, a finance professor at Morgan State University in Baltimore and author of "Americans Traveling Abroad; What You Should Know Before You Go" (World Travel Institute, 1996), says that in any third world country it is a good idea to check in with the American consulate and with the country's tourism ministry on potential pitfalls. "Bribery is a common way of doing business in many parts of the world," Dr. Nwanna said. "But if you give money to the wrong person, it can get you into trouble." Giving it to the right person does not have to be expensive, though. John Briley, the senior managing editor for Ijet and a freelance writer, said $5 freed him from a speeding charge in Panama and $10 bought off a border guard when he wandered into Costa Rica by mistake. Mr. Tabb, the Kroll official, advises Americans who think they are about to be arrested abroad to keep a cool head - and a soft voice. "Let them know you're an American citizen and ask to speak to the consulate," he said. "Don't be demanding or arrogant. The squeaky wheel will not get the grease." ______________________________________________ Meteorite-list mailing list [EMAIL PROTECTED] http://www.pairlist.net/mailman/listinfo/meteorite-list
