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EritreaOfficial Name: Eritrea Last Updated: September 18, 2015
Alerts & Notices
No Current Alerts or Notices
Hague Adoption Convention Country? No
Are Intercountry Adoptions between Eritrea and the United States possible? Both adoptions to the United States from Eritrea and from the United States to Eritrea are possible.
Hague Convention Information
Eritrea is not a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention or Convention). Intercountry adoptions of children from non-Hague countries are processed in accordance with 8 Code of Federal Regulations, Section 204.3 as it relates to orphans as defined under the Immigration and Nationality Act, Section 101(b)(1)(F). Under the Intercountry Adoption Universal Accreditation Act (UAA), which became effective on July 14, 2014, the accreditation requirement and standards, which previously only applied in Convention cases, now also apply in non-Convention or “orphan” cases. The UAA requires that an accredited or approved adoption service provider acts as a primary provider in every case, and that adoption service providers providing adoption services on behalf of prospective adoptive parents be accredited or approved, or be a supervised or exempted provider. Adoption service providers and prospective adoptive parents should review the State Department’s Universal Accreditation Act of 2012 webpage for further information. Intercountry adoptions of children from non-Convention countries continue to be processed under the Orphan Process with the filing of the Forms I-600A and I-600. However, adoption service providers should be aware of the information on the USCIS website on the impact on Form I-600A and Form I-600 adjudications under the UAA, including the requirement that all home studies, including home study updates and amendments, comply with the Convention home study requirements, which differ from the orphan home study requirements that were in effect before July 14, 2014.
The Transitional Civil Code of Eritrea addresses various elements of adoption, but there is no single adoption law. There may be regulations within the Ministry of Labor and Human Welfare that are unpublished but still apply to Intercountry adoptions. As a result, the adoption process may lack uniformity or consistency. Regulations change often and without notice to the U.S. Embassy in Asmara, Eritrea or other foreign entities. Enforcement of laws and regulations is irregular. The Department of State recommends prospective adoptive parents verify requirements with legal counsel experienced in adoption law in Eritrea or directly with the Eritrean authorities. In the U.S. Embassy's experience, all adoptions by U.S. citizens have been by Eritrean-American dual nationals, because Eritrean law requires at least one parent to be of Eritrean heritage. Most adoption cases involve older teen-aged children where one parent has died and one parent has abandoned the child. It is usually difficult to prove that the child meets the U.S. immigration requirements for "orphan."
U.S. Immigration Requirements For Intercountry Adoptions
To bring an adopted child to the United States from Eritrea, you must meet certain suitability and eligibility requirements. The U.S. Citizenship and Immigration Services (USCIS) determines who can adopt a child from another country and bring that child to live in the United States under U.S. immigration law.
Additionally, a child must meet the definition of an orphan under U.S. immigration law in order to be eligible to immigrate to the United States with an IR-3 or IR-4 immigrant visa.
Who Can Adopt
In addition to being found suitable and eligible to adopt by USCIS, prospective adoptive parents seeking to adopt from Eritrea must meet the following requirements:
- Residency: A 2011 Eritrean proclamation stipulates that at least one adoptive parent must be of Eritrean heritage and have completed national service in order to adopt an Eritrean child.
- Age of Adopting Parents: Under the Transitional Civil Code of Eritrea (TCCE) any person of legal age, 18 years in Eritrea, may adopt.
- Marriage: Prospective adoptive parents may be single or married. Eritrea is an extremely conservative country, and same-sex couples would likely not be allowed to adopt there.
- Income: The TCCE does not specify a minimum required income to adopt, but the Ministry of Labor and Human Welfare may require adopting parents to show they have sufficient income to maintain and support the child without difficulty.
- Other: Requirements not listed in the TCCE, but possibly sought by the Ministry of Labor and Human Welfare could include: the ability to show they can care to the child and proof of the adopting parents’ physical and mental health.
Who Can Be Adopted
In addition to qualifying as an orphan under U.S. immigration law, the child must meet the following requirements of Eritrea:
- Relinquishment: None Specified
- Abandonment: None Specified
- Age of Adoptive Child: The TCCE does not specify an age limit for the adoptive child. Children 15 years or older must give consent to the adoption contract. Please note that for a child to meet the definition of an orphan under U.S. immigration law, a Form I-600, Petition to Classify Orphan as an Immediate Relative, must be filed on the child’s behalf while the child is under the age of 16 (or under the age of 18 if the child is the birth sibling of another adopted child who has immigrated or will immigrate based on adoption by the same adoptive parent(s)).
- Sibling Adoptions: The TCCE does not exclude adoption of sibling groups.
- Special Needs or Medical Conditions: None Specified
- Waiting Period or Foster Care: There is no such requirement under the law.
Caution: Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are eligible for adoption. In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, intending that the child return home when this becomes possible. In such cases, the birth parent(s) have rarely relinquished their parental rights or consented to the adoption of their child(ren).
How To Adopt
Eritrea’s Adoption Authority
Ministry of Labor and Human Welfare
The process for adopting a child from Eritrea generally includes the following steps:
Before taking steps to adopt a child from Eritrea, you should select a U.S. accredited or approved adoption service provider to be the primary provider in your case. As of July 14, 2014, a primary provider is required in every intercountry adoption case under the UAA, unless an exception applies. The primary provider is responsible for:
- Ensuring that all six adoption services defined at 22 CFR 96.2 are provided;
- Supervising and being responsible for supervised providers where used (see 22 CFR 96.14); and
- Developing and implementing a service plan in accordance with 22 CFR 96.44.
For more information on primary providers and the UAA, please see Universal Accreditation Act of 2012.
There are no authorized adoption agencies in Eritrea. However, the Ministry of Labor and Human Welfare facilitates and oversees both domestic and intercountry adoptions.
If there is a request regarding an intercountry adoption, the Ministry of Labor and Human Welfare assists with the processing and obtaining documentation regarding the adoption. In the event prospective adoptive parents wish to consult an attorney, a list of attorneys can be obtained from the U.S. Embassy in Asmara website. Neither the U.S. Embassy nor the Department of State can vouch for qualifications of attorneys on this list.
In order to adopt a child from Eritrea, you will need to meet the requirements of the Government of Eritrea and U.S. immigration law.
To meet U.S. immigration requirements, you may also choose to file a Form I-600A, Application for Advance Processing of an Orphan Petition, with USCIS to be found suitable and eligible to adopt before you identify a child to adopt. You may also choose to file the Form I-600 petition along with all the required Form I-600A application supporting documentation, including an approved home study, once you have been matched with a child and have obtained all the necessary documentation. Please see the USCIS website for more information about filing options. Regardless of which approach you take, the home study must meet the same requirements. As of July 14, 2014, unless an exception applies, the home study must comply with the requirements in 8 CFR 204.311 and 22 CFR Part 96.47.
If you are found suitable and eligible to adopt under U.S. law, you must also submit an adoption application to the Ministry of Labor and Human Welfare of Eritrea to be found eligible to adopt by Eritrea.
If a child is eligible for intercountry adoption, the competent adoption authority or other authorized entity in Eritrea will review your adoption dossier and, if an appropriate match is found, will provide you with a referral. We encourage families to consult with a medical professional and their adoption service provider to understand the needs of the specific child but each family must decide for itself whether it will be able to meet the needs of, and provide a permanent home for, a specific child, and must conform to the recommendations in the home study for the number of children and capacity to deal with any special needs of an adoptive child. Learn more about Health Considerations.
The child must be eligible to be adopted according to Eritrea’s requirements, as described in the Who Can Be Adopted section. The child must also meet the definition of an orphan under U.S. immigration law.
The process for finalizing the adoption [or obtaining legal custody for purposes of emigration and adoption] [in Eritrea generally includes the following:
- Role of Adoption Authority: The Ministry of Labor and Human Welfare facilitates and oversees both domestic and intercountry adoptions involving children in Eritrea. The Ministry of Labor and Human Welfare signs the adoption contract as the guardian for the children, and verifies that prospective adoptive parents satisfy the conditions for adoption.
- Role of the Court: All adoptions must be finalized through the Ministry of Labor and Human Welfare and/or by the High Court. For adoptions of children under the custody of the Ministry of Labor and Human Welfare, the adoption must have approval of both the Ministry and the High Court. Adoptions of children not under Ministry custody can be processed solely through the High Court. Prospective adoptive parents must first work with local clerks of the municipal government of the area where the child resides to obtain a statement that transfers custody from the biological parent(s) or relative (if available) or the Ministry of Labor and Human Welfare to the prospective adoptive parents. Prospective adoptive parents submit the request for transfer of custody and the application to adopt to the High Court. The court is required to hear the testimony of children age 10 and above, though only children 15 and above must consent for the adoption to be approved. The court may not approve the adoption if the parties do not show good reasons for the adoption and cannot demonstrate how it is advantageous to the child. It is the in judge’s discretion whether the adoption meets these criteria. The adoption goes into effect as of the date the High Court's judge signs the petition.
- Role of Adoption Agencies: There are no authorized adoption agencies in Eritrea. Starting July 14, 2014, unless an exception applies, there must be a U.S. accredited or approved adoption service provider acting as the primary provider in every case. Also, any agency or person providing an adoption service on behalf of prospective adoptive parents in any Convention or non-Convention case must be accredited or approved, or be a supervised or exempted provider. Adoption service means any one of the following six services:
- Identifying a child for adoption and arranging an adoption;
- Securing the necessary consent to termination of parental rights and to adoption;
- Performing a background study on a child or a home study on a prospective adoptive parent(s), and reporting on such a study;
- Making non-judicial determinations of the best interests of a child and the appropriateness of an adoptive placement for the child;
- Monitoring a case after a child has been placed with prospective adoptive parent(s) until final adoption; or
- When necessary because of a disruption before final adoption, assuming custody and providing (including facilitating the provision of) child care or any other social service pending an alternative placement. 22 CFR 96.2 Definitions.
- Adoption Application: Most children in orphanages are “abandoned” children, meaning they have no living parents or relatives to care for them. The Ministry of Labor and Human Welfare has custody of abandoned children and the authority to place these children with prospective adoptive parents. In these cases, the application is made to the Ministry of Labor and Human Welfare. However, some children residing in orphanages also have surviving parent(s) and/or distant relatives. For such children, as well as for adoptions conducted directly between the birth relatives and the prospective adoptive parents, the application can be made to any court before proceeding to the High Court for final approval of the adoption contract. Before adopting a child, prospective adoptive parents should consider speaking with an attorney to ensure the child meets the definition of orphan under U.S. immigration law.
For the child to exit Eritrea, an exit visa is required. Eritrean Immigration will place an exit visa in the child's Eritrean passport. The fee for this service is about $7.
If the child will transit through Frankfurt, Germany, or Amsterdam, Netherlands, en route to the United States, a Schengen States transit visa is required. Adoptive parents can apply for a Schengen States transit visa at the Italian Embassy in Asmara (about $45). If the child remains in the Frankfurt airport, and does not pass through immigration controls, the child doesn't need a transit visa. An adopted Eritrean child transiting the Amsterdam airport will still need a transit visa.
- Time Frame: Intercountry adoptions in Eritrea have no set time frame to complete from the time a dossier accepted by the adoption authority to the time the final adoption [or custody order] is issued.
- Adoption Fees: Under Eritrean law prospective adoptive parents are required to retain an attorney for adoption proceedings. Adoption fees paid to the attorney vary. There is no specific fee for filing an adoption application with the Ministry of Labor and Human Welfare. In private contracts, the parties may be required to pay service fee to the person who prepared the contract, which normally does not exceed $70. This amount may be larger if the contract is drafted by a lawyer. The court fee is nominal, at present $2. The fee to obtain the birth certificate may not exceed $7. If the adoptive child is younger than 18, the passport fee is $200. If the child is 18 or older, the fee is $270.
- Prospective adoptive parents are advised to obtain detailed receipts for all fees and donations paid, either by themselves directly or through their U.S. adoption service provider, and to raise any concerns regarding any payment that you believe may be contrary to U.S. law, or the law of Eritrea, with your adoption service provider. Please also refer to information concerning the Hague Complaint Registry. Improper payments may have the appearance of buying achild, violate applicable law, and could put all future adoptions in Eritrea at risk. The Foreign Corrupt Practices Act, for instance, makes it unlawful to bribe foreign government officials to obtain or retain business. Further, the UAA and IAA make it unlawful to improperly influence relinquishment of parental rights, parental consent relating to adoption of a child, or a decision by an entity performing Central Authority functions.
- Documents Required:
- A written statement from the prospective adoptive parents explaining why an Eritrean child is preferred;
- Original birth certificate(s) of the prospective adoptive parent(s),
- Original marriage license/certificate, if applicable. Note – If originals are not available, certified copies must be authenticated in the United States;
- An original Eritrean police clearance for each of the prospective adoptive parent(s) including those residing outside Eritrea;
- A medical certificate/clearance for each of the prospective adoptive parent(s);
- An original home study prepared by a qualified social worker, which specifies the following:
- Personal and family status;
- Character and personal qualities
- Educational background;
- Duration and stability of marriage;
- Financial and medical situations;
- Present address and U.S. address;
- Condition of home in country of residence;
- Address and names of family of origin (i.e., parents); and
- The agency’s recommendation regarding the prospective adopting parent(s) suitability as an adoptive parent with an original translation into Tigrigna. Note: The agency that conducts the home study and issues the recommendation must have approval to do so in the parents’ state of residence. If adoptive parents establish residency in Eritrea, they may submit an Eritrean home study instead;
- Evidence of economic status, which must include a letter from prospective adoptive parents' employer showing salary, date of employment, position in the organization and a bank statement. Proof of life insurance and health insurance, and other proof of income or assets may also be submitted;
- Three letters of reference from friends, relatives, church, or other sources qualified to assess prospective adoptive parents' character, the stability of their marriage, and their ability to parent;
- Two passport-size photographs of the prospective adoptive parent(s);
- If the prospective adoptive parent(s) do not come to Eritrea together to oversee this entire process, then they must execute a power of attorney for their adoption agency. If only one parent will travel to Eritrea, the other parent must execute a power of attorney for him/her. That power of attorney must be authenticated by the Eritrean Embassy in Washington, D.C. This applies to all prospective adopting parents living in the U.S. - Eritrean nationals and non-Eritreans alike.
- “Obligation of Adoption or Social Welfare Agency" signed by the adoption agency handling the adoption, or, for private adopters, from the organization that provided the home study, or by the parents' employer, in which the parent(s) agree to allow follow-up visits by a U.S. social worker, and to submit regular progress report to the Ministry of Labor and Human Welfare on the child's (or children's) adjustment to/development in the adoptive home. These visits should be scheduled three months, six months, and one year after the adoption and annually thereafter until the child reaches 18. This form must be forwarded together with the psychosocial study/home study and an original translation into Tigrigna, by either the parents or the adoption agency; and
- Verification by the adoption agency or home study organization on the child's qualification for naturalization under the laws of the parents' country of residence with an original translation into Tigrigna.
Note: Additional documents may be requested.
- Authentication of Documents: You may be asked to provide proof that a document from the United States is authentic. The U.S Department of State’s Authentications Office has information on the subject.
After you finalize the adoption [or gain legal custody for purposes of emigration and adoption] in Eritrea, USCIS must determine whether the child meets the definition of an orphan under U.S. immigration law in order for the child to immigrate to the United States. You will need to file a Form I-600, Petition to Classify Orphan as an Immediate Relative. At the time you file your Form I-600 petition, the adjudicating officer will determine whether the UAA applies or if your case is UAA grandfathered. For more information on UAA grandfathering and transition cases, please see Universal Accreditation Act of 2012. Unless an exception applies, you must identify a primary provider in your case and the adjudicating officer may ask for the name and contact information of the primary provider if not provided in your Form I-600 petition. This information is required and, without it, your Form I-600 petition cannot be approved.
If you have an approved, valid Form I-600A, Application for Advance Processing of an Orphan Petition, you may file your Form I-600 petition either in the United States with USCIS or in person at the U.S. Embassy in Nairobi, Kenya.
When a Form I-600 petition is adjudicated by USCIS in the United States, the consular section in Nairobi, Kenya must complete a Form I-604, Determination on Child for Adoption (sometimes informally referred to as an orphan determination), to verify the child’s orphan status. When a Form I-600 petition is adjudicated by an international USCIS office, USCIS generally completes the Form I-604 determination.
For Form I-600 petitions filed with the Embassy’s consular section, the consular officer must complete the Form I-604 determination after you file your Form I-600 petition. Conducting the Form I-604 determination is a critical part of the orphan adoption process. It can take months to complete, depending upon the circumstances of your case. Consular officers appreciate that families are eager to bring their adopted child home as quickly as possible. Some of the factors that may contribute to the length of the process include prevailing fraud patterns in the country of origin, civil unrest or security concerns that restrict travel to certain areas of the country, and the number of determinations performed by available staff. Consular officers make every effort to conduct them as quickly and thoroughly as possible. You are advised to keep your travel plans flexible while awaiting the results.
Now that your adoption is complete [or you have obtained legal custody of the child for the purposes of emigration and adoption of the child in the United States] and the Form I-604 determination has been completed finding that your child meets the legal definition of an orphan for immigration purposes, there are a few more steps to take before you and your child can head home. Specifically, you need to apply for three documents before your child can travel to the United States:
If you have finalized the adoption in Eritrea, you will first need to apply for a new birth certificate for your child. Your name will be added to the new birth certificate.
If you have been granted legal custody for the purposes of emigration and adoption of the child in the United States, the birth certificate you obtain will, in most cases, not yet include your name. Adoptive parents may apply for a birth certificate in Eritrea by submitting a request to the Municipality of the child’s residence.
If the request is made within 90 days of the child’s birth, the Municipality will issue the birth certificate automatically.
If the request is made after 90 days, the family must go to the zonal administration of their district with the support of three witnesses to request approval for the issuance of a birth certificate. After approval, the Administration will give applicants a sealed envelope with the biographic information to be delivered to the municipality. Based on the data, the municipality will issue the birth certificate.
Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Eritrea.
At least one adoptive parent must be of Eritrean origin and hold an Eritrean identity card. If neither adoptive parent meets this requirement, even if a legal adoption has been completed, the local administrative zone will not issue a passport to the child. The biological parents will need to apply for the passport, or in the cases of abandoned and orphaned children, the U.S. Consular Officer processing the Immigrant Visa must request authorization for a passport waiver or travel letter from the Department of Homeland Security (DHS).
U.S. Immigrant Visa
After you obtain the new birth certificate and passport for your child and you have filed Form I-600, Petition to Classify Orphan as an Immediate Relative, you then need to apply for a U.S. immigrant visa for your child from the U.S. Embassy in Nairobi, Kenya (as all visa operations are closed in Eritrea). This immigrant visa allows your child to travel home with you and be admitted to the United States as your child. As part of this process, you must provide the consular officer the Panel Physician’s medical report on the child.
Before coming for your child’s immigrant visa interview, please complete an Electronic Immigrant Visa Application (DS-260) online at the Consular Electronic Application Center (CEAC). If you filed a Form I-600 petition in the United States, you should receive a letter from the National Visa Center (NVC) confirming receipt of the petition and assignment of a case number and an invoice ID number. You will need this information to log into CEAC to file the DS-260 for your child. An adoptive parent should fill out these forms in your child's name. Answer every item on the form. If information is not applicable, please write “N/A” in the block. Print and bring the DS-260 form confirmation page to the visa interview. Please review the DS-260 FAQs, our Online Immigrant Visa Forms page, or contact the NVC at NVCAdoptions@state.gov or +1-603-334-0700 if you have questions about completing the online DS-260 form.
You can find instructions for applying for an immigrant visa on the U.S. Embassy in Nairobi, Kenya website. The consular section can also be reached at (254) (020)-3753705 or (020)-363-6492.
Visa issuance after the final interview generally takes 24 hours. It is not usually possible to provide the visa to adoptive parents on the same day as the immigrant visa interview. Adoptive parents should verify current processing times with the U.S. Embassy in Nairobi before making final travel arrangements.
Child Citizenship Act
For adoptions finalized abroad prior to the child’s entry into the United States: An adopted child residing in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence generally will acquire U.S. citizenship automatically upon entry into the United States if the child otherwise meets the requirements of the Child Citizenship Act of 2000, including the child is under the age of eighteen.
For adoptions finalized after the child’s entry into the United States: You will need to complete an adoption following your child’s entry into the United States and before the child turns eighteen for the child (if he or she otherwise meets the requirements of the Child Citizenship Act of 2000) to automatically acquire U.S. citizenship.
Read more about the Child Citizenship Act of 2000.
Applying for Your U.S. Passport
U.S. citizens are required to enter and depart the United States on a valid U.S. passport. Once your child has acquired U.S. citizenship, s/he will need a U.S. passport for any international travel. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports.
Getting or renewing a passport is easy. The Department of State’s Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print—all in one place.
Obtaining a Visa to Travel to Eritrea
In addition to a U.S. passport, you may also need to obtain a visa. Where required, visas are affixed to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for Eritrea, see the Department of State’s Country Specific Information.
Staying Safe on Your Trip
Before you travel, it is always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The Department of State provides Country Specific Information for every country in the world about various issues, including health conditions, crime, currency or entry requirements, and any areas of instability.
Staying in Touch on Your Trip
When traveling during the adoption process, we encourage you to enroll with the Department of State through our Smart Traveler Enrollment Program (STEP) to receive important information from the Embassy about safety conditions in your destination country. Enrollment makes it possible for the U.S. Embassy or Consulate in Eritrea to contact you in an emergency, whether natural disaster, civil unrest, or family emergency.
Enrollment is free and can be done online via the Smart Traveler Enrollment Program (STEP).
Post-Adoption/Post-Placement Reporting Requirements
See above description of Obligation of Adoption or Social Welfare Agency in the Documents Required section for post-adoption reporting requirements.
We urge you to comply with Eritrea’s post-adoption/post-placement requirements in a timely manner. Your adoption service provider may be able to help you with this process. Your cooperation will contribute to Eritrea’s positive experiences with U.S. citizen adoptive parents.
Many adoptive parents find it important to find support after the adoption. There are many public and private nonprofit post-adoption services available for children and their families. There are also numerous adoptive family support groups and adoptee organizations active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin. Take advantage of all the resources available to your family, whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services. Your primary provider can provide or point you to post- placement/post-adoption services to help your adopted child and your family transition smoothly and deal effectively with the many adjustments required in an intercountry adoption.
Here are some places to start your support group search:
Note: Inclusion of non-U.S. government links does not imply endorsement of contents.
If you have concerns about your adoption process, we ask that you share this information with the Embassy in Asmara, particularly if it involves possible fraud or misconduct specific to your child’s case. The Department of State takes all allegations of fraud or misconduct seriously. Our Adoption Comment Page provides several points of contact for adoptive families to comment on their adoption service provider, their experience applying for their child’s visa, or about the Form I-600 petition process.
The Hague Complaint Registry is an internet based registry for filing complaints about U.S. accredited or approved adoption service providers. If you think your provider's conduct may have been out of substantial compliance with accreditation standards, first submit your complaint in writing directly to your provider. If the complaint is not resolved through the provider's complaint process, you may file the complaint through the Hague Complaint Registry.
U.S. Embassy in Eritrea
179 Alaa Street
P.O. Box 211
Eritrea’s Adoption Authority
Ministry of Labor and Welfare
P. O. Box 5252
Embassy of Eritrea
1708 New Hampshire Ave, NW
Washington, DC 20009
Tel: (202) 319-1991
Fax: (202) 319-1304
Office of Children’s Issues
U.S. Department of State
SA-17, 9th Floor
Washington, D.C. 20522-1709
U.S. Citizenship and Immigration Services (USCIS)
For questions about immigration procedures:
USCIS National Customer Service Center (NCSC)
Tel: 1-800-375-5283 (TTY 1-800-767-1833)
For questions about filing a Form I-600A application or I-600 petition:
USCIS National Benefits Center
Tel: 1-877-424-8374 (toll free); 1-816-251-2770 (local)