Military Extraterritorial Jurisdiction Act of 2000
PL 106-523 (S.768), enacted 11/22/2000

114 STAT. 2488 
PUBLIC LAW 106-523—NOV. 22, 2000 
Nov. 22, 2000 
[S. 768] 
Military 
Extraterritorial 
Jurisdiction Act 
of2000. 
18 u s e 3261 
note. 
Public Law 106-523 
106th Congress 
An Act 
To amend title 18, United States Code, to establish Federal jvirisdiction over offenses 
committed outside the United States by persons employed by or accompanying 
the Armed Forces, or by members of the Armed Forces who are released or 
separated from active duty prior to being identified and prosecuted for the commis-
sion of such offenses, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "MiHtary Extraterritorial Jurisdic-
tion Act of 2000". 
SEC. 2, FEDERAL JURISDICTION. 
(a) 
CERTAIN CRIMINAL OFFENSES COMMITTED OUTSIDE THE 
UNITED STATES.—^Title 18, United States Code, is amended by 
inserting after chapter 211 the following new chapter: 
"CHAPTER 212—MILITARY EXTRATERRITORIAL 
JURISDICTION 
"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. 
"§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 
"(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 
PUBLIC LAW 106-523—NOV. 22, 2000 
114 STAT. 2489 
such person for the conduct constituting such offense, except upon 
the approval of the Attorney General or the Deputy Attorney Gen-
eral (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 mili-
tary 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. 
*
*
§ 3262. Arrest and commitment 
"(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 prac-
ticable 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. 
"§ 3263. Delivery to authorities of foreign countries 
"(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 con-
stitute appropriate authorities for purposes of this section. 
*
*
§ 3264. Limitation on removal 
"(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). 
114 STAT. 2490 
PUBLIC LAW 106-523—NOV. 22, 2000 
"(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 prelimi-
nary examination under the Federal Rules of Criminal Proce-
dure, 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). 
*'§ 3265. Initial proceedings 
"(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 mag-
istrate 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 communica-
tion 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. 
PUBLIC LAW 106-523—NOV. 22, 2000 
114 STAT. 2491 
"(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. 
''§3266. Regulations 
"(a) The Secretary of Defense, sifter consultation with the Sec-
retary 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 regula-
tions requiring that, to the maximum extent practicable, notice 
shall be provided to any person employed by or accompanjdng 
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 regula-
tions 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 Effective date, 
amendments to those regulations, shall not take effect before the Reports, 
date that is 90 days after the date on which the Secretary of 
Defense submits a report containing those regulations or amend-
ments (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. 
"§3267. Definitions 
"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 instrumen-
tality 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 instrumen-
tality of the Department); or 
114 STAT. 2492 
PUBLIC LAW 106-523—NOV. 22, 2000 
"(iii) a Department of Defense contractor (including 
a subcontractor at any tier) or an employee of a Depart-
ment of Defense contractor (including a subcontractor 
at any tier); 
"(B) residing with such member, civilian employee, con-
tractor, 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 Greneral' and 'judge advo-
cate' have the meanings given such terms in section 801 of 
title 10.". 
(b) CLERICAL AMENDMENT.—^The table of chapters for part II 
of title 18, United States Code, is amended by inserting after 
the item relating to chapter 211 the following new item: 
"212. Military extraterritorial jurisdiction 
3261". 
Approved November 22, 2000. 
LEGISLATIVE HISTORY—S. 768 (H.R. 3380): 
HOUSE REPORTS: No. 106-778, Pt. 1 accompanying H.R. 3380 (Comm. on the Ju-
diciary). 
CONGRESSIONAL RECORD: 
Vol. 145 (1999): July 1, considered and passed Senate. 
Vol. 146 (2000): July 25, considered and passed House, amended, in lieu of 
H.R. 3380. 
Oct. 26, Senate concurred in House amendments.