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Traveling Abroad? Legal Lessons for Staying Out of Trouble.

Vaidehi Mehta, Esq.

By Vaidehi Mehta, Esq.

Attorney Writer

Reviewed by Joseph Fawbush, Esq. | Last updated on

Thinking about traveling to a foreign country for spring break? Americans love going abroad, but sometimes it's easy to forget that the local laws in a foreign country can be different from what you're used to. This is especially true if you don't speak the local language and can't find someone who speaks English to help you. U.S. citizens should keep a few pointers in mind to avoid getting into legal trouble and being able to safely return to their home country. This article will provide a few travel tips to make sure have the legal documents and legal information you need to avoid ending up on the wrong side of the law while abroad.

At a bare minimum, international travelers should check the U.S. State Department's travel website to see what is recommended for their particular destination and if there are any travel advisories or warnings. Additionally, doing an internet search before you go for commonly-violated laws by tourists for your destination might provide added peace of mind.

Passports & Visas

As you probably know, the vast majority of countries will not let you enter without a passport. All truly international travel will require a passport, but U.S. citizens can travel to the following U.S. territories without a passport:

  • American Samoa
  • Guam
  • Commonwealth of the Northern Mariana Islands
  • Puerto Rico
  • U.S. Virgin Islands

U.S. citizens can also travel to the following Freely Associated States without a passport:

  • Federated States of Micronesia
  • Republic of the Marshall Islands
  • Republic of Palau

In addition to a passport, some countries require travel visas to enter. They may require you to obtain a visa upon arrival, while others may require you to apply for a visa in advance. Be sure to check the visa requirements for the specific country you are planning to visit.

Each country has different requirements. Some countries like Mexico or Canada do not require tourist visas if crossing the border on foot or in your car, but others like Argentina require you to get a visa in advance of your flight. In addition to travel visas, you may want to make a copy of your passport and other important travel documents.

Shopping & Customs

Nickel-and-diming tourists all over the world is a common practice. Also, sales tax, and other taxes and fees, can drive up the cost of travel significantly. Knowing the tax rates can be important when it comes to budget planning, especially if you will be doing some holiday shopping. Duty-free shopping can be rather enticing, but be aware of the limits because, after a certain point, you will have to pay taxes on even your duty-free purchases.

For those who plan to do a lot of shopping on your trip, you'll want to keep some things in mind when entering back into the country and going through U.S. customs. It's better to err on the side of declaring more than you think you need to. Failure to declare an item that you are required to declare can result in fines, penalties, or even seizure of the item.

Declare all items that you are bringing back to the U.S. for the first time, even if they are used. Declare all items that have been altered or repaired abroad. Declare all items that you are bringing back to the U.S. for someone else. And try to keep your receipts for all of your purchases abroad, especially if they cost a lot of money.

If you are unsure about whether or not you need to declare an item, ask a customs officer for assistance. If you are bringing back any items that may be prohibited or restricted, be sure to research the customs regulations for the U.S. before you travel. If you are bringing back any items that are worth more than $800, you will need to declare them on the Customs Declaration Form 6059B. If you are bringing back any items that are subject to duty, you will need to pay duty on them.

Some common items that you will probably need to declare at customs are duty-free merchandise, gifts and souvenirs, food and drink, plants and animals, drugs, currency, firearms and ammo, and alcohol and tobacco products.

You can learn more about declaring items at customs on the U.S. Customs and Border Protection website.

Scams

Scammers are everywhere. Tourists are among the easiest prey for scammers, pickpockets, and con artists. The easiest way to avoid common scams is to know how they work so that you can recognize and avoid them. Here are a few big ones:

  • Robocalls about vacation deals: Scammers often use robocalls to target people who are interested in traveling, as they may be more likely to fall for their schemes. The scammers may offer you a "free" vacation or a heavily discounted vacation, but there will always be hidden fees or conditions. They may try to pressure you into booking a vacation immediately, without giving you time to think about it or to read the fine print. They will likely ask for your personal information, such as your credit card number or Social Security number. They may also try to book you on a fake vacation that does not exist. If you receive a robocall about a vacation deal, it is best to hang up immediately. Do not call the number back or give out any personal information. In addition, you can register your phone number with the National Do Not Call Registry, or use your phone's settings or a blocker app to block unwanted calls. If you think you have been scammed by a robocall about a vacation deal, report it to the Federal Trade Commission (FTC). You can also file a complaint with your state attorney general's office.
  • Tour scams: Scammers may sell you tickets for fake tours that do not exist. Read reviews of tour operators before you book, and make sure that the tour operator is licensed and insured. Or, tour operators may advertise their tours in a misleading way, such as by promising activities or attractions that are not included in the tour. Be wary of tour operators who offer discounts or freebies that seem too good to be true. Scammers may sell you tours at inflated prices, so be sure to shop around to see what other comparable tours charge. Some tour operators may charge hidden fees, such as fuel surcharges or tips. Ask about any hidden fees or add-ons, and get everything in writing, including the itinerary, price, and cancellation policy.
  • Taxi scams: Some taxi drivers may overcharge tourists, especially if they are not familiar with the local currency. Even worse, scammers may pose as taxi drivers and offer to take you to your hotel, but instead, they may take you to a remote location and rob you. If you find yourself in this situation, get out of the taxi. It is better to be safe than sorry, even if it means paying for the ride so far. Then, try to get the taxi driver's name and license plate number, which will be helpful to report the scam to the authorities.

You want to do everything you can to avoid getting into legal trouble, as this is an even trickier situation to navigate when you're under the jurisdiction of another country. Be aware of the local laws and customs. Ignorance of the law is not an excuse, so it is important to be aware of the laws of the country you are visiting. Avoid getting involved in risky or illegal activities. This includes drinking alcohol, using drugs, and participating in protests or demonstrations. Keep your passport and other important documents with you at all times, and additionally, make copies of your passport and other important documents to leave with a trusted friend or family member. Also, register with the Smart Traveler Enrollment Program (STEP) so that the U.S. government can contact you in case of an emergency.

Even if you take steps to avoid it, you may find yourself on the wrong side of the authorities when in another country. Here are some things you want to keep in mind should you find yourself in the situation of getting detained or arrested while abroad:

  • Remain calm and respectful. It is important to stay calm and cooperate with the authorities. Any aggressive or disrespectful behavior could make the situation worse.
  • Ask to speak to a U.S. consular officer. You have the right to speak to a U.S. consular officer, who can provide you with assistance and information about your legal rights. If you are arrested or detained, the U.S. embassy or consulate can help you. Knowing where the nearest US embassy is located could be critical in case of an emergency. However, the U.S. Department of State will not necessarily be able to get you out of jail or provide legal advice. It is best to try to avoid legal issues while in a foreign country if at all possible.
  • Lean on your 'Miranda Rights.' You'll recall that Miranda Rights give you the right to an attorney within the U.S. Whether or not you have the right to an attorney when traveling outside the U.S. depends on the laws of the country you are visiting. In general, however, most countries do recognize the right to an attorney, even for foreign nationals. If you are arrested or detained in a foreign country, you should immediately ask to speak to a lawyer. You can also contact the U.S. consulate or embassy for assistance, as they can help you find a lawyer. You should not sign anything or make any statements without first asking for an attorney.
  • Contact your family or friends. Let them know what has happened and where you are being held. They can contact the U.S. consulate or embassy on your behalf and support you. If you need money, the embassy or consulate can help you transfer money from your family or friends.

These tips will hopefully keep you out of any major pickles as a tourist. And if you find yourself in a legal bind, remember to stay calm, contact the U.S. consulate, and assert your rights. Safe travels!

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