Appointing a police liaison attaché
The Immigration Liaison Unit is the point of contact on the appointment of police liaison attachés.
In addition to complying with the standard diplomatic temporary resident visa (TRV) instructions for incoming representatives, any police liaison attaché nominee, whether resident or non-resident, is required to meet a number of criteria and expectations, as listed below:
- The person is expected to present confirmation in the form of a Note Verbale issued by the ministry of foreign affairs confirming that the candidate:
- is an accredited member of an identified police/law enforcement agency with the ability to directly conduct or administer criminal investigations in the sending State (provide a copy of the official organizational identification with photo)
- is able and authorized to engage in direct police-to-police communications with other law enforcement and/or criminal intelligence agencies in their home country as a means of facilitating investigative cooperation with Canadian law enforcement
- will respect any and all caveats and levels of classification concerning the sharing of Canadian police information as specified/applicable on a request-by-request basis; in the absence of any caveats, third-party-rule information sharing applies; that is, information received from Canadian law enforcement is not to be reclassified, copied, reproduced, used or further disseminated, in whole or in part, without the written consent of the originator. Information is not to be used in affidavits, court proceedings, subpoenas or any other legal or judicial purpose without the written consent of the originator
- is able to provide the following in support of joint criminal investigations involving Canadian law enforcement:
- communicate and coordinate major investigative inquiries originating from their home country with a nexus to Canada
- develop and maintain the exchange of criminal and national security intelligence between their approved domestic agencies and the RCMP.
- As part of their diplomatic TRV application, any police liaison attaché nominee is obligated to provide detailed information regarding their police/military service by submitting the Details of Police Service (IMM 0150) or IMM 5546 E : Details of military service.
Scope of mandate of police liaison attachés
The diplomatic TRV and subsequent accreditation documents do not grant the police liaison attaché, resident or non-resident, with jurisdiction or peace officer status in Canada as defined in section 2 of the Criminal Code of Canada. Nor are police liaison attachés authorized to hire other persons or Canadian private investigators to conduct investigative activities on their behalf.
Therefore, if a police liaison attaché wishes to conduct any investigative activity in Canada, with or without a nexus to Canada, the attaché must obtain an authorization in writing from the Head of INTERPOL National Central Bureau (NCB) Ottawa in accordance with the Protocol on Foreign Criminal Investigators in Canada.
Moreover, the police liaison attaché guides and directs any officials from their home country, wishing to conduct a criminal investigation in Canada, in person or via audio or video links, with or without a nexus to Canada, to obtain an authorization in writing from the Head of INTERPOL in accordance with the Protocol on Foreign Criminal Investigators in Canada, unless other provisions exist (for example, mutual legal assistance treaty).
In order to obtain authorization under the Protocol above or verify if foreign investigators are authorized under other provisions, we ask that you submit a request for assistance through official channels:
- For Police legal attachés, contact the RCMP International Desk.
- For Foreign criminal investigators, direct the FCIC authorization request to INTERPOL Ottawa through your home country INTERPOL National Central Bureau (i24/7 network).
General reminders
During a police liaison attaché’s visa process, if there is no predecessor identified, Canada will assume that the attaché will occupy a new position, and the applicant will be requested to provide documentary proof of the Office of Protocol’s approval for the creation of such new position. If approval cannot be provided, the application will not be processed. For additional guidance on new positions, consult the Accreditation Unit.
Conducting foreign criminal investigations, foreign law enforcement and foreign border protection activities in airport restricted areas are incompatible with diplomatic and consular functions. Questions regarding the scope of acceptable diplomatic and consular functions should be directed to the Office of Protocol.
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