Like other international agencies, INTERPOL, the International Criminal Police Organization, is surrounded by more mystery and romance than it probably deserves. INTERPOL is not a police agency, has no arrest powers, and does not hunt down international fugitives. INTERPOL functions as an international law enforcement coordination organization. It serves as a central database for 195 member nations to share information, receive assistance in tracking down criminals, and help interdict trafficking in narcotics and humans, among other issues.

One of INTERPOL’s functions is the issuance of “red notices.” Interpol Red Notice is one of the best-known, but perhaps most misunderstood of the INTERPOL notices.

What is a Red Notice?

INTERPOL notices are requests to other law enforcement agencies to share information or alerts of possible criminal activity. Notices are color-coded so they can be distributed to the proper agency within the receiving country quickly. For instance, Interpol Green Notices provide information about an individual’s possible criminal activity; Orange Notices warn of imminent serious threat to public safety. Yellow Notices are requests to locate missing minors or other missing persons who may be at risk.

Interpol Red Notice is a specific request to law enforcement agencies to locate a person, based on an arrest warrant issued by their home country. The Red Notice asks other nations to locate and potentially arrest the individual pending extradition, but the Red Notice is not an arrest warrant. It is simply a notice from INTERPOL that the issuing nation is looking for the individual pursuant to their own arrest warrant.

A diffusion is a notice sent directly to other member nations by the National Central Bureau of the initiating nation. Diffusions are color-coded the same way as notices, and must comply with INTERPOL’s Constitution and Rules as described below.

Purpose of a Red Notice

It is easier to explain what a Red Notice is not than what it is: A Red Notice is not an arrest warrant.

The Red Notice is intended to notify law enforcement in the member nations that the legal system of the issuing nation is seeking that individual. INTERPOL has no authority to force any nation to arrest the individual, and INTERPOL itself is not tracking the person in order to arrest them.

Member countries determine based upon their own laws and constitutions whether to arrest an individual, notify the issuing nation, or request more information. The Red Notice contains two basic types of information:

• Identifying information about the subject, such as name, nationality, date of birth, photograph and fingerprints, height, weight and distinguishing marks
• Information about the crime they are sought for. Typical crimes are murder, rape, armed robbery, and child abuse.

Reasons a Red Notice May Not be Used

Red Notices can only be issued for “ordinary” crimes. That is, the crimes the individual is being sought for must be an ordinary criminal offense in the country issuing the warrant. Article 83 of INTERPOL’s Rules on the Processing of Data, and Articles 2 and 3 of INTERPOL’s Constitution, explain exactly what are not acceptable subjects for Red Notices. Among them:

• Article 3, any request of a political, military, religious, or racial nature
• Article 2(1) any request contrary to the “Universal Declaration of Human Rights”
• Offenses relating to behavioral or cultural norms (prostitution, bigamy, homosexuality)
• Violations of administrative laws or deriving from private disputes unless they facilitate serious or organized crime

For instance, a Red Notice could not be issued by a dictator trying to hunt down potential political opponents, or a theocracy seeking the return of girls fleeing arranged marriages. A police captain could not use a Red Notice to alert neighboring countries about tourists he thought had cheated his brother-in-law’s restaurant.

Misuse of Red Notices and Diffusions

Red Notices have a high potential for misuse and abuse. Notices and diffusions are reviewed by the Notices and Diffusion Task Force (NDTF) to ensure compliance with INTERPOL’s Rules and Constitution, but abuses still slip through. The volume of requests from government agencies means that the NDTF must depend on the honesty and resources of member countries, and unfortunately not all countries are equally scrupulous.

Article 83 prohibits Red Notices or diffusions from being issued for offenses “deriving from private disputes unless the criminal activity” is suspected of facilitating a serious crime (such as drug trafficking or international prostitution) or being connected to organized crime. Depending on the interpretation of “private dispute,” a hostile or coercive business takeover can be aided by corrupt government officials with the threat of a Red Notice. Repressive governments have used similar circumlocutions to target critics abroad, with or without the knowledge of INTERPOL and other member nations.

Protecting Your Business

The best way to avoid Red Notice and diffusion issues is to practice aggressive due diligence and vet your customers, vendors, and employees before issues arise. The Commission for Control of INTERPOL Files (CCF) will provide access to INTERPOL Notices and diffusions, but the request may take time, up to four months, and the process is complex. Anyone who believes they may be the subject of a Red Notice should contact an Interpol attorney or an Interpol law firm who specializes in contacting the CCF and requesting the files.

The businesses most likely to be affected by a Red Notice are those with extensive international contacts or a presence in multiple countries. Companies with international subsidiaries should be alert to the potential of running afoul of both other nations’ laws and other nations’ governments, particularly during times of conflict.

Notices can be challenged and, in some cases, removed if they are determined to be groundless or were filed in violation of INTERPOL rules and regulations. The CCF procedure for requesting a review and appeal can be found on INTERPOL’s website. They will not rule on the merits of a Notice or diffusion since their only purpose is to verify the neutrality of the notice itself.

Transparency and compliance with international law is the safest way to proceed in protecting businesses and employees against Red Notice abuse and misconduct.