-CITE-
    18 USC CHAPTER 212 - MILITARY EXTRATERRITORIAL
           JURISDICTION                                    01/03/2007

-EXPCITE-
    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.                                          

-End-



-CITE-
    18 USC Sec. 3261                                            01/03/2007

-EXPCITE-
    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'."

-End-



-CITE-
    18 USC Sec. 3262                                            01/03/2007

-EXPCITE-
    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.)

-End-



-CITE-
    18 USC Sec. 3263                                            01/03/2007

-EXPCITE-
    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.)

-End-



-CITE-
    18 USC Sec. 3264                                            01/03/2007

-EXPCITE-
    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.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Criminal Procedure, referred to in subsec.
    (b)(3), are set out in the Appendix to this title.

-End-



-CITE-
    18 USC Sec. 3265                                            01/03/2007

-EXPCITE-
    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.

-End-



-CITE-
    18 USC Sec. 3266                                            01/03/2007

-EXPCITE-
    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.)

-End-



-CITE-
    18 USC Sec. 3267                                            01/03/2007

-EXPCITE-
    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 - 
            (i) a civilian employee of - 
              (I) the Department of Defense (including a
            nonappropriated fund instrumentality of the Department); or
              (II) any other Federal agency, or any provisional
            authority, to the extent such employment relates to
            supporting the mission of the Department of Defense
            overseas;

            (ii) a contractor (including a subcontractor at any tier)
          of - 
              (I) the Department of Defense (including a
            nonappropriated fund instrumentality of the Department); or
              (II) any other Federal agency, or any provisional
            authority, to the extent such employment relates to
            supporting the mission of the Department of Defense
            overseas; or

            (iii) an employee of a contractor (or subcontractor at any
          tier) of - 
              (I) the Department of Defense (including a
            nonappropriated fund instrumentality of the Department); or
              (II) any other Federal agency, or any provisional
            authority, to the extent such employment relates to
            supporting the mission of the Department of Defense
            overseas;

          (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;
    amended Pub. L. 108-375, div. A, title X, Sec. 1088, Oct. 28, 2004,
    118 Stat. 2066.)


-MISC1-
                                AMENDMENTS                            
      2004 - Par. (1)(A). Pub. L. 108-375 amended subpar. (A)
    generally. Prior to amendment, subpar. (A) read as follows:
    "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);".

-End-