A U.S. Tourist's Legal Sampler

Of the record 3,000,000 Americans expected to go overseas this year, very few will run afoul of foreign laws. Those who do can expect fair treatment, even in many Communist countries. Everywhere, the troubled tourist's best friend is the U.S. consul, reachable from remote places by wiring "Amconsul" in the nearest large city. Today, the consul negotiates from strength--no one wants to discourage a mounting influx of U.S. tourist dollars.

Despite these consolations, the rare American who winds up in a foreign jail cannot expect to lean on the U.S. Constitution. Every tourist is subject to the laws of the land in which he travels. All his consul can do is see to it that he gets the same legal treatment as any citizen of that country. Among the legal pitfalls most likely to face U.S. tourists:

o AUSTRIA. Jaywalking tourists in Vienna should happily pay up if a cop demands 10 shillings (40-c-) on the spot; the fine is perfectly legal, and protest only causes arrest. Viennese streetcars are sacred; even driving autos on the tracks is illegal. Austria also bans the wearing of all foreign military uniforms.

o BRITAIN. Aliens entering Britain get a sharp once-over from immigration officers broadly empowered to bar undesirables--for example, anyone broke enough to become a public charge. U.S. students hoping to work their way may suffer that fate; those who get jobs without work permits may later be deported. By consular agreement, word of an American's arrest is immediately passed to U.S. officials. The accused's right to counsel begins at the pretrial magistrate's hearing. In civil as well as criminal cases, the government pays the bill if a British defendant (or plaintiff) cannot afford a lawyer. Most British courts, though not all, offer the same aid to accused Americans. Convicted aliens are commonly sentenced to buy a one-way ticket home. So easy is Britain on errant Americans that arrested Britons have been known to claim U.S. citizenship.

o FRANCE. U.S. officials report full cooperation from the police and the courts, but France's Napoleonic Code is filled with dusty laws that may trip the unwary. A tourist's U.S. drugs may be confiscated, for example, because the law bans the import of prescription drugs available in France. Frenchmen who have become U.S. citizens are in trouble if they revisit France:* they can be jailed for draft dodging, forced to serve 18 months in the army. In Gaullist France, all tourists are well advised to repress political opinions. Under an 1881 law, insulting heads of state, even in whispered tones, is punishable by up to a year's imprisonment and a $60,000 fine.

o ITALY. All foreigners must register with the Italian police (or let their hotel do it) within three days of arrival, and it is wise to carry identity papers at all times. On the whole, though, Italy is a tourist's legal paradise. Customs officials are inclined to overlook illegal liquor and cigarettes (more than two botties or two cartons); a 90-day stay can be extended in minutes; an expired passport gets a 48-hour grace period; traffic cops beam at addled tourists and dole out multilingual warning notes rather than parking tickets. Even disorderly tourists get breaks unknown to disorderly natives, and a robbed tourist is likely to get faster police aid in Italy than in almost any other country.

o SPAIN. Despite its seasonal fiesta spirit, Spain is often harsh about dress or conduct that offends its moral sensibilities. Overexposure in cities, for example, can bring quick arrest. Drunken or boisterous visitors may find themselves barred from Spain indefinitely. For minor tourist crimes, Spanish courts usually recommend deportation. There are no juries, and judges can be tough on foreigners accused of illegally exporting art objects, leaving the scene of an accident, or failing to pay a hotel bill, to say nothing of criticizing Franco. Accused tourists should forget trying to skip the country. Spanish police are quite efficient. Happily, this also means that a robbed tourist may find his wallet at the nearest police station.

o WEST GERMANY. Traffic is the key problem. Without special permission, a tourist who brings his own car cannot allow anyone else, even his wife, to drive. If he does, he may have to pay the car's entire customs value plus taxes. Hugging the right lane on German autobahns is a matter not only of law but survival. Passing cars often hit 100 m.p.h. Though Germans are quick to turn tourists in for traffic violations, the country is tolerant of Americans who commit "secondary" crimes, such as camping at unofficial sites. Germany is festooned with verboten signs, but the courts smilingly accept ignorance as an excuse--at least for Americans.

o EASTERN EUROPE. The U.S. has diplomatic relations, but not consular agreements, with all European Communist countries except Albania and East Germany. U.S. tourists have no legal rights in the Western sense, but neither should they fear being treated any worse than Communist citizens. Checking in at the U.S. consulate is the first thing to do in all Communist countries. As for "don'ts," the list is long: Don't criticize officials, disobey police, lose documents, carry letters for anyone, or photograph shabby people and military installations (including civilian bridges, airports and railroad stations). A Communist legal tour:

o BULGARIA. Telling political jokes is punishable by up to five years' imprisonment. Last year an American was expelled merely for discussing the average U.S. wage.

o CZECHOSLOVAKIA. Stringent traffic regulations include very low speed limits. Americans may be jailed for months on minor charges without consular knowledge.

o EAST BERLIN. More than a dozen U.S. students have been jailed since 1961 for helping escapees over The Wall. Less active U.S. tourists have little or no trouble.

o EAST GERMANY. U.S. citizens born in East Germany may be arrested on reentry. Though devoid of U.S. protection, other Americans can expect official courtesy and first-class hospital treatment in case of accidents.

o HUNGARY. Tourists who smuggle in scarce drugs or dabble in the black market for dollars are in for a tough time. Last year an American got ten months in jail for cracking up a rented car--it was state property. Anxious to show change as well as to harvest dollars, Hungary is generally cordial to former Hungarians who fled to the U S in 1956.

o POLAND. Currently the most tolerant Soviet satellite, Poland has jailed no U.S. tourist since 1956. However, it is still unwise to let visas lapse or try to smuggle out letters.

o RUSSIA. A pending consular treaty provides U.S. access to arrested Americans within four days. Bail is rare, but foreigners awaiting trial may be temporarily freed in Moscow--hardly an easy place to escape from. Foreign lawyers may supplement court-appointed Soviet lawyers, though purely as advisers. Soviet police are ordinarily quite tolerant of minor offenses, such as public drunkenness, but careless picture taking is bad medicine. Chary of national disgrace, the Soviet cops are ruthless in protecting tourists from thieves and swindlers.

o YUGOSLAVIA. Avid for dollars, Tito's government forgives Americans guilty of traffic offenses that would land Yugoslavs in serious trouble. If an American goes to jail, it is usually only long enough for the cops to find a translator to call U.S. officials. To avoid accidents, however, avoid night driving. Roads are full of unlighted oxcarts and parked trucks with snoozing drivers. If he bumbles into forbidden areas at night, a tourist may find his car and himself ventilated by trigger-happy guards. Equally dangerous: trading black-market dollars or defacing Tito's ubiquitous pictures.

Other U.S. tourist meccas:

o JAPAN. Any tourist planning to stay for more than 72 hours needs a visa --something airlines frequently forget to tell Americans. Japan forbids all private persons from owning or carrying firearms. Though arrested persons may be held for as long as 30 days without charges, no other country's police force is so eager to hand Americans over to the nearest U.S. consul. A robbed tourist is so rare that he is likely to embarrass the entire country.

o MEXICO. Though police treat Americans far better than Mexicans, the country is a tourist's legal jungle. Most Americans stand by after a car accident; most Mexicans bolt. And anyone involved can be jailed without bail until a non-judge traffic expert dictates a verdict. Mexicans also rely on the mordida (bribe) to pay off witnesses. Cautious Americans carry insurance covering legal aid--and plead innocent to any charge. Sample: failure to pay hotel bills, which may be a nonbailable crime. Conversely, suing hotels for personal injury is virtually impossible; required witnesses (hotel employees) would be fired if they talked.

* Similar headaches of "dual nationality" confront naturalized U.S. citizens born in Egypt, Greece, Iran, Poland, Rumania, Syria, Turkey, Yugoslavia and several other countries. Czechoslovakia refuses to recognize as U.S. citizens even the U.S.-born children of Czech parents. Such Americans should avoid Czechoslovakia on pain of arrest.

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