Local Laws

CRIMINAL PENALTIES: While you are in Eritrea, you are subject to its laws even if you are a U.S. citizen. Foreign laws and legal systems are vastly different than our own. You may be taken in for questioning if you don’t have your passport or identification with you. It is illegal to take pictures of government buildings. Driving under the influence could land you immediately in jail, as could a traffic accident, whether or not you are at fault. There are also some things that might be legal in the country you visit, but still illegal in the United States; for example, you can be prosecuted under U.S. law if you buy pirated goods in Eritrea, even if you are not prosecuted in Eritrea.

If you break local laws in Eritrea, your U.S. passport won’t help you avoid arrest or prosecution. It is very important to know what’s legal and what’s not where you are going.

Persons violating Eritrea’s laws, even unknowingly, may be expelled, arrested, or imprisoned. Penalties for possessing, using, or trafficking in illegal drugs in Eritrea are severe, and convicted offenders can expect long jail sentences and heavy fines.

There are also some things that might be legal in the country you visit, but still illegal in the United States. You can be prosecuted in the United States for engaging in sexual conduct with children or for using or disseminating child pornography in a foreign country regardless of the legality of these activities under that country’s laws.  Counterfeit and pirated goods are illegal in the United States and if you purchase them in a foreign country, you may be breaking local law as well.

Visitors are advised to exercise caution when taking photographs in Eritrea. Foreigners in Asmara have been harassed and detained by local police and plain-clothes security officials for taking photographs of street scenes in the city. No law has been cited, but the justifications given have been that unmarked government buildings are in the background and/or that the pictures are being taken illegally for commercial reasons.

All foreign nationals in Eritrea are required to apply for permits to travel outside of Asmara. Travel permits must be presented upon request. Although formal police checkpoints no longer exist, persons have been asked to present travel permits at beaches, restaurants, and social events, so lack of formal police checkpoints should not discourage travelers from legally obtaining a travel permit. Persons have been jailed for not being able to show a valid travel permit. Applications for travel permits are available at the two Ministry of Tourism offices located on Harnet Avenue and Airport Road. Vsitors are advised to exercise caution when taking photographs in Eritrea. Foreigners in Asmara have been harassed and detained by local police and plain-clothes security officials for taking photographs of street scenes in the city. No law has been cited, but the justifications given have been that unmarked government buildings are in the background and/or that the pictures are being taken illegally for commercial reasons.

All foreign nationals in Eritrea are required to apply for permits to travel outside of Asmara. Travel permits must be presented upon request. Although formal police checkpoints no longer exist, persons have been asked to present travel permits at beaches, restaurants, and social events, so lack of formal police checkpoints should not discourage travelers from legally obtaining a travel permit. Persons have been jailed for not being able to show a valid travel permit. Applications for travel permits are available at the two Ministry of Tourism offices located on Harnet Avenue and Airport Road.

Arrest notifications in host country: While some countries will automatically notify the nearest U.S. embassy or consulate if a U.S. citizen is detained or arrested in that country, others may not.  To ensure that the United States is aware of your circumstances, request that the police and prison officials notify the nearest U.S. embassy or consulate as soon as you are arrested or detained overseas. However, in Eritrea, contrary to the Vienna Convention, such requests are not generally granted.

SPECIAL CIRCUMSTANCES: The Government of Eritrea requires all foreign residents including diplomats to apply 10 days in advance for travel outside of Asmara city limits. This restriction can delay or prevent the Embassy from providing emergency assistance to U.S. citizens outside of Asmara since U.S. diplomatic personnel are not excluded from this restriction.

The consular section of the U.S. Embassy in Asmara has been closed for immigrant visas, diversity visas, and adoptions for residents of Eritrea.  These are currently processed at the U.S. Embassy in Nairobi or the U.S. Embassy in Addis Ababa. 

The consular section is fully open for non-immigrant visa processing and American Citizen Services, including reports of birth, passports, and notarial services. Please visit the Embassy’s website for additional information.

Currency exchange on the street is illegal.

WOMEN TRAVELER INFORMATION: If you are a woman traveling abroad, please review our travel tips for Women Travelers.

LGBT RIGHTS: The law criminalizes consensual same-sex activity. Antidiscrimination laws relating to lesbian, gay, bisexual, or transgender (LGBT) persons do not exist, and there are no hate crime laws or other criminal justice mechanisms to investigate LGBT bias-motivated crimes against LGBT persons. In the past, the government accused foreign governments of promoting homosexuality. In contrast with previous years, there were no reports that the government rounded up individuals considered gay or lesbian, or that gays or lesbians in the armed forces were subject to severe abuse. There were no known LGBT organizations in the country. In general, society stigmatized discussion of LGBT issues, and foreign male tourists reported that hotel staff in different cities told them that men could not share a room.  For more detailed information about LGBT rights in Eritrea, you may review the State Department’s Country Reports on Human Rights Practices for 2013. For further information on Lesbian, Gay, Bisexual, and Transgender (LGBT) travel, please read our LGBT Travel Information page.

ACCESSIBILITY: While in Eritrea, individuals with disabilities may find accessibility and accommodation limited, although the government is committed to equal access for the handicapped. Eritrea is not able to comply with ADA standards but there are more accommodations for handicapped persons in Eritrea than in most developing countries. The majority of persons using wheelchairs do so in the streets rather than on the sidewalks, due to lack of sidewalks. Pedestrians must also often walk on the street for the same reason.