-CITE-

22 USC CHAPTER 13 - SERVICE COURTS OF FRIENDLY FOREIGN

FORCES 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 13 - SERVICE COURTS OF FRIENDLY FOREIGN FORCES

-HEAD-

CHAPTER 13 - SERVICE COURTS OF FRIENDLY FOREIGN FORCES

-MISC1-

Sec.

701. Definitions.

702. Arrest of offenders.

703. Attendance of witnesses.

(a) Subpoena; contempt; fees.

(b) Members of armed forces.

(c) False testimony; punishment.

704. Immunities of courts and witnesses.

705. Imprisonment.

706. Operative effect dependent upon Presidential finding.

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22 USC Sec. 701 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 13 - SERVICE COURTS OF FRIENDLY FOREIGN FORCES

-HEAD-

Sec. 701. Definitions

-STATUTE-

As used in this chapter, unless the context clearly requires a

different meaning -

(a) "Friendly foreign force" means any military, naval, or air

force of any friendly foreign state with respect to which this

chapter is operative by virtue of a Presidential declaration as

provided in section 706 of this title.

(b) "Service court" means any military, naval, or air force

court, or court martial or similar tribunal of any friendly foreign

force within the United States.

(c) "United States" means the United States, its Territories, its

insular possessions, the Canal Zone, and any other place subject to

the jurisdiction of the United States.

-SOURCE-

(June 30, 1944, ch. 326, Sec. 1, 58 Stat. 643; Proc. No. 2695, July

4, 1946, 11 F.R. 7517, 60 Stat. 1352.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsec. (c), see

section 3602(b) of this title.

-COD-

CODIFICATION

The phrase "(including the Philippine Islands)" omitted from the

definition of the term "United States" in subsection (b), pursuant

to 1946 Proc. No. 2695, which granted independence to the

Philippine Islands under the authority of section 1394 of this

title, under which section Proc. No. 2695 is set out as a note.

-End-

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22 USC Sec. 702 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 13 - SERVICE COURTS OF FRIENDLY FOREIGN FORCES

-HEAD-

Sec. 702. Arrest of offenders

-STATUTE-

Upon a specific or general request of the officer commanding any

friendly foreign force, having service courts of appropriate

jurisdiction within the United States, it shall be lawful for any

person in the civil, military, or naval establishments of the

United States having authority to arrest, summarily to arrest any

member of such force designated in such request and to deliver him

to the custody of any officer of such force or to the custody of

the military or naval authorities of the United States who shall

deliver him forthwith to the custody of an officer of such force,

for trial in such service courts within the United States for such

offenses as shall lie within the jurisdiction of the service courts

of such friendly foreign force: Provided, That the trial of any

member of such friendly foreign force for an offense against a

member of the civilian population shall be in open court (except

where security consideration forbids), shall take place promptly in

the United States and within a reasonable distance from the place

where the offense is alleged to have been committed, for the

convenience of witnesses.

-SOURCE-

(June 30, 1944, ch. 326, Sec. 2, 58 Stat. 643.)

-End-

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22 USC Sec. 703 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 13 - SERVICE COURTS OF FRIENDLY FOREIGN FORCES

-HEAD-

Sec. 703. Attendance of witnesses

-STATUTE-

(a) Subpoena; contempt; fees

Any district court of the United States, or the United States

courts of any Territory or possession, within the jurisdiction of

which proceedings are had before any service court of a friendly

foreign force, or within the jurisdiction of which any person is

found, shall have jurisdiction, upon application made by a service

court of a friendly foreign force, to issue to such person an order

requiring him to appear before the service court or an officer

designated to take a deposition for use before such service court

and there to produce evidence or give testimony if so ordered. Any

failure to obey such order of the court may be punished by said

court as a contempt thereof: Provided, That the fees of such

witnesses and the mileage at the rate allowed to witnesses

attending the courts of the United States should be duly paid or

tendered in advance to such witnesses, with funds to be supplied by

the friendly foreign force. Except as expressly permitted by the

court, in its discretion, no such order shall run into any other

district.

(b) Members of armed forces

Attendance of witnesses in the armed services of the United

States shall be obtained by request addressed to the discretion of

the commanding officer of the person whose testimony is required.

(c) False testimony; punishment

Persons subject to the jurisdiction of the United States, who are

not members of a friendly foreign force, who shall give false

testimony or shall commit any act in the presence of a service

court of a friendly foreign force which, if committed before a

court of the United States, would be in contempt thereof, shall

upon conviction by a court of the United States be fined not more

than $2,000 or imprisoned for not more than six months, or both.

-SOURCE-

(June 30, 1944, ch. 326, Sec. 3, 58 Stat. 644; Proc. No. 2695, July

4, 1946, 11 F.R. 7517, 60 Stat. 1352.)

-COD-

CODIFICATION

In subsec. (a), reference to "or any court of first instance of

the Philippine Commonwealth" omitted pursuant to Proc. No. 2695,

which granted independence to the Philippines under the authority

of section 1394 of this title, under which section said Proc. No.

2695 is set out as a note.

In subsec. (a), reference to "the District Court of the United

States for the District of Columbia" omitted because the District

of Columbia constitutes a judicial district, and the District Court

of the United States for the District of Columbia is included

within the term "district courts of the United States" as used in

such subsection. See sections 88 and 132 of Title 28, Judiciary and

Judicial Procedure.

-End-

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22 USC Sec. 704 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 13 - SERVICE COURTS OF FRIENDLY FOREIGN FORCES

-HEAD-

Sec. 704. Immunities of courts and witnesses

-STATUTE-

Members of any service court of a friendly foreign force lawfully

exercising jurisdiction in the United States in relation to members

of such force, and any witnesses appearing before such service

court, shall enjoy the same immunities and privileges as are

enjoyed by members of a court martial of the United States and by

witnesses appearing before such a court martial.

-SOURCE-

(June 30, 1944, ch. 326, Sec. 4, 58 Stat. 644.)

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22 USC Sec. 705 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 13 - SERVICE COURTS OF FRIENDLY FOREIGN FORCES

-HEAD-

Sec. 705. Imprisonment

-STATUTE-

Persons sentenced to imprisonment by a service court of a

friendly foreign force may be confined in disciplinary barracks,

guardhouses, or other places of detention of the United States

armed forces or in penitentiaries or other institutions employed by

the United States for the detention or treatment of prisoners, at

the expense of the state on whose behalf the prisoner is detained.

-SOURCE-

(June 30, 1944, ch. 326, Sec. 5, 58 Stat. 644.)

-End-

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22 USC Sec. 706 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 13 - SERVICE COURTS OF FRIENDLY FOREIGN FORCES

-HEAD-

Sec. 706. Operative effect dependent upon Presidential finding

-STATUTE-

This chapter shall be operative with respect to the military,

naval, or air forces of any foreign state only after a finding and

declaration by the President that the powers and privileges

provided herein are necessary for the maintenance of discipline.

The President may at any time revoke such finding and declaration.

-SOURCE-

(June 30, 1944, ch. 326, Sec. 6, 58 Stat. 645.)

-EXEC-

PROCLAMATION NO. 2626

Proc. No. 2626, Oct. 12, 1944, 9 F.R. 12403, respecting

activation by President, was revoked by Proc. No. 3107, Aug. 9,

1955, 20 F.R. 5805.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 701 of this title.

-End-