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18 USC CHAPTER 212 - MILITARY EXTRATERRITORIAL

JURISDICTION 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 212 - MILITARY EXTRATERRITORIAL JURISDICTION

.

-HEAD-

CHAPTER 212 - MILITARY EXTRATERRITORIAL JURISDICTION

-MISC1-

Sec.

3261. Criminal offenses committed by certain members of the Armed

Forces and by persons employed by or accompanying the Armed

Forces outside the United States.

3262. Arrest and commitment.

3263. Delivery to authorities of foreign countries.

3264. Limitation on removal.

3265. Initial proceedings.

3266. Regulations.

3267. Definitions.

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18 USC Sec. 3261 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 212 - MILITARY EXTRATERRITORIAL JURISDICTION

-HEAD-

Sec. 3261. Criminal offenses committed by certain members of the

Armed Forces and by persons employed by or accompanying the

Armed Forces outside the United States

-STATUTE-

(a) Whoever engages in conduct outside the United States that

would constitute an offense punishable by imprisonment for more

than 1 year if the conduct had been engaged in within the special

maritime and territorial jurisdiction of the United States -

(1) while employed by or accompanying the Armed Forces outside

the United States; or

(2) while a member of the Armed Forces subject to chapter 47 of

title 10 (the Uniform Code of Military Justice),

shall be punished as provided for that offense.

(b) No prosecution may be commenced against a person under this

section if a foreign government, in accordance with jurisdiction

recognized by the United States, has prosecuted or is prosecuting

such person for the conduct constituting such offense, except upon

the approval of the Attorney General or the Deputy Attorney General

(or a person acting in either such capacity), which function of

approval may not be delegated.

(c) Nothing in this chapter may be construed to deprive a

court-martial, military commission, provost court, or other

military tribunal of concurrent jurisdiction with respect to

offenders or offenses that by statute or by the law of war may be

tried by a court-martial, military commission, provost court, or

other military tribunal.

(d) No prosecution may be commenced against a member of the Armed

Forces subject to chapter 47 of title 10 (the Uniform Code of

Military Justice) under this section unless -

(1) such member ceases to be subject to such chapter; or

(2) an indictment or information charges that the member

committed the offense with one or more other defendants, at least

one of whom is not subject to such chapter.

-SOURCE-

(Added Pub. L. 106-523, Sec. 2(a), Nov. 22, 2000, 114 Stat. 2488.)

-MISC1-

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-523, Sec. 1, Nov. 22, 2000, 114 Stat. 2488, provided

that: ''This Act (enacting this chapter) may be cited as the

'Military Extraterritorial Jurisdiction Act of 2000'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7, 3262, 3263, 3264, 3265

of this title.

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18 USC Sec. 3262 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 212 - MILITARY EXTRATERRITORIAL JURISDICTION

-HEAD-

Sec. 3262. Arrest and commitment

-STATUTE-

(a) The Secretary of Defense may designate and authorize any

person serving in a law enforcement position in the Department of

Defense to arrest, in accordance with applicable international

agreements, outside the United States any person described in

section 3261(a) if there is probable cause to believe that such

person violated section 3261(a).

(b) Except as provided in sections 3263 and 3264, a person

arrested under subsection (a) shall be delivered as soon as

practicable to the custody of civilian law enforcement authorities

of the United States for removal to the United States for judicial

proceedings in relation to conduct referred to in such subsection

unless such person has had charges brought against him or her under

chapter 47 of title 10 for such conduct.

-SOURCE-

(Added Pub. L. 106-523, Sec. 2(a), Nov. 22, 2000, 114 Stat. 2489.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3263 of this title.

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18 USC Sec. 3263 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 212 - MILITARY EXTRATERRITORIAL JURISDICTION

-HEAD-

Sec. 3263. Delivery to authorities of foreign countries

-STATUTE-

(a) Any person designated and authorized under section 3262(a)

may deliver a person described in section 3261(a) to the

appropriate authorities of a foreign country in which such person

is alleged to have violated section 3261(a) if -

(1) appropriate authorities of that country request the

delivery of the person to such country for trial for such conduct

as an offense under the laws of that country; and

(2) the delivery of such person to that country is authorized

by a treaty or other international agreement to which the United

States is a party.

(b) The Secretary of Defense, in consultation with the Secretary

of State, shall determine which officials of a foreign country

constitute appropriate authorities for purposes of this section.

-SOURCE-

(Added Pub. L. 106-523, Sec. 2(a), Nov. 22, 2000, 114 Stat. 2489.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3262, 3264, 3265 of this

title.

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18 USC Sec. 3264 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 212 - MILITARY EXTRATERRITORIAL JURISDICTION

-HEAD-

Sec. 3264. Limitation on removal

-STATUTE-

(a) Except as provided in subsection (b), and except for a person

delivered to authorities of a foreign country under section 3263, a

person arrested for or charged with a violation of section 3261(a)

shall not be removed -

(1) to the United States; or

(2) to any foreign country other than a country in which such

person is believed to have violated section 3261(a).

(b) The limitation in subsection (a) does not apply if -

(1) a Federal magistrate judge orders the person to be removed

to the United States to be present at a detention hearing held

pursuant to section 3142(f);

(2) a Federal magistrate judge orders the detention of the

person before trial pursuant to section 3142(e), in which case

the person shall be promptly removed to the United States for

purposes of such detention;

(3) the person is entitled to, and does not waive, a

preliminary examination under the Federal Rules of Criminal

Procedure, in which case the person shall be removed to the

United States in time for such examination;

(4) a Federal magistrate judge otherwise orders the person to

be removed to the United States; or

(5) the Secretary of Defense determines that military necessity

requires that the limitations in subsection (a) be waived, in

which case the person shall be removed to the nearest United

States military installation outside the United States adequate

to detain the person and to facilitate the initial appearance

described in section 3265(a).

-SOURCE-

(Added Pub. L. 106-523, Sec. 2(a), Nov. 22, 2000, 114 Stat. 2489.)

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REFERENCES IN TEXT

The Federal Rules of Criminal Procedure, referred to in subsec.

(b)(3), are set out in the Appendix to this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3262 of this title.

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18 USC Sec. 3265 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 212 - MILITARY EXTRATERRITORIAL JURISDICTION

-HEAD-

Sec. 3265. Initial proceedings

-STATUTE-

(a)(1) In the case of any person arrested for or charged with a

violation of section 3261(a) who is not delivered to authorities of

a foreign country under section 3263, the initial appearance of

that person under the Federal Rules of Criminal Procedure -

(A) shall be conducted by a Federal magistrate judge; and

(B) may be carried out by telephony or such other means that

enables voice communication among the participants, including any

counsel representing the person.

(2) In conducting the initial appearance, the Federal magistrate

judge shall also determine whether there is probable cause to

believe that an offense under section 3261(a) was committed and

that the person committed it.

(3) If the Federal magistrate judge determines that probable

cause exists that the person committed an offense under section

3261(a), and if no motion is made seeking the person's detention

before trial, the Federal magistrate judge shall also determine at

the initial appearance the conditions of the person's release

before trial under chapter 207 of this title.

(b) In the case of any person described in subsection (a), any

detention hearing of that person under section 3142(f) -

(1) shall be conducted by a Federal magistrate judge; and

(2) at the request of the person, may be carried out by

telephony or such other means that enables voice communication

among the participants, including any counsel representing the

person.

(c)(1) If any initial proceeding under this section with respect

to any such person is conducted while the person is outside the

United States, and the person is entitled to have counsel appointed

for purposes of such proceeding, the Federal magistrate judge may

appoint as such counsel for purposes of such hearing a qualified

military counsel.

(2) For purposes of this subsection, the term ''qualified

military counsel'' means a judge advocate made available by the

Secretary of Defense for purposes of such proceedings, who -

(A) is a graduate of an accredited law school or is a member of

the bar of a Federal court or of the highest court of a State;

and

(B) is certified as competent to perform such duties by the

Judge Advocate General of the armed force of which he is a

member.

-SOURCE-

(Added Pub. L. 106-523, Sec. 2(a), Nov. 22, 2000, 114 Stat. 2490.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Criminal Procedure, referred to in subsec.

(a)(1), are set out in the Appendix to this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3264, 3266 of this title.

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18 USC Sec. 3266 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 212 - MILITARY EXTRATERRITORIAL JURISDICTION

-HEAD-

Sec. 3266. Regulations

-STATUTE-

(a) The Secretary of Defense, after consultation with the

Secretary of State and the Attorney General, shall prescribe

regulations governing the apprehension, detention, delivery, and

removal of persons under this chapter and the facilitation of

proceedings under section 3265. Such regulations shall be uniform

throughout the Department of Defense.

(b)(1) The Secretary of Defense, after consultation with the

Secretary of State and the Attorney General, shall prescribe

regulations requiring that, to the maximum extent practicable,

notice shall be provided to any person employed by or accompanying

the Armed Forces outside the United States who is not a national of

the United States that such person is potentially subject to the

criminal jurisdiction of the United States under this chapter.

(2) A failure to provide notice in accordance with the

regulations prescribed under paragraph (1) shall not defeat the

jurisdiction of a court of the United States or provide a defense

in any judicial proceeding arising under this chapter.

(c) The regulations prescribed under this section, and any

amendments to those regulations, shall not take effect before the

date that is 90 days after the date on which the Secretary of

Defense submits a report containing those regulations or amendments

(as the case may be) to the Committee on the Judiciary of the House

of Representatives and the Committee on the Judiciary of the

Senate.

-SOURCE-

(Added Pub. L. 106-523, Sec. 2(a), Nov. 22, 2000, 114 Stat. 2491.)

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18 USC Sec. 3267 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 212 - MILITARY EXTRATERRITORIAL JURISDICTION

-HEAD-

Sec. 3267. Definitions

-STATUTE-

As used in this chapter:

(1) The term ''employed by the Armed Forces outside the United

States'' means -

(A) employed as a civilian employee of the Department of

Defense (including a nonappropriated fund instrumentality of

the Department), as a Department of Defense contractor

(including a subcontractor at any tier), or as an employee of a

Department of Defense contractor (including a subcontractor at

any tier);

(B) present or residing outside the United States in

connection with such employment; and

(C) not a national of or ordinarily resident in the host

nation.

(2) The term ''accompanying the Armed Forces outside the United

States'' means -

(A) a dependent of -

(i) a member of the Armed Forces;

(ii) a civilian employee of the Department of Defense

(including a nonappropriated fund instrumentality of the

Department); or

(iii) a Department of Defense contractor (including a

subcontractor at any tier) or an employee of a Department of

Defense contractor (including a subcontractor at any tier);

(B) residing with such member, civilian employee, contractor,

or contractor employee outside the United States; and

(C) not a national of or ordinarily resident in the host

nation.

(3) The term ''Armed Forces'' has the meaning given the term

''armed forces'' in section 101(a)(4) of title 10.

(4) The terms ''Judge Advocate General'' and ''judge advocate''

have the meanings given such terms in section 801 of title 10.

-SOURCE-

(Added Pub. L. 106-523, Sec. 2(a), Nov. 22, 2000, 114 Stat. 2491.)

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