American Laws: Global Reach Or Overseas Limitations?

US laws can apply to US citizens working abroad, but this depends on the specific law in question and the nature of their employment. For example, US citizens working for a US company or subsidiary abroad are protected from discrimination under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). However, other laws such as the Fair Labor Standards Act, the Family and Medical Leave Act, and the National Labor Relations Act do not apply extraterritorially. In addition to US laws, US citizens working abroad must also comply with the laws of their host country, which may conflict with US laws.

Employment laws for US citizens working abroad

US citizens working abroad are generally subject to the employment laws of their host country. However, there are instances where US employment laws may apply extraterritorially to US citizens working for US companies or subsidiaries abroad. Here are the key points regarding employment laws for US citizens working outside of the United States:

Applicability of US Employment Laws Abroad

US federal employment laws typically apply only to employees working within the United States or its territories. However, there are notable exceptions where certain US employment laws have extraterritorial reach:

• Title VII of the Civil Rights Act of 1964
• The Age Discrimination in Employment Act (ADEA)
• The Americans with Disabilities Act (ADA)
• The Uniformed Services Employment and Reemployment Rights Act (USERRA)

USERRA specifically applies to veterans and reservists working overseas for the federal government or a company under US control. On the other hand, the ADA, ADEA, and Title VII have a broader scope, covering all US citizens employed outside the US by a US company or a company controlled by a US firm.

It's important to note that non-US citizens working outside the United States are generally not covered by these laws, even if they are employed by a US firm. Additionally, each of these laws contains an exemption if adhering to US law would cause a conflict with the laws of the host country.

Conflict Between US Law and Foreign Law

In some cases, there may be a conflict between US employment laws and the laws of the country where the US citizen is working. In such instances, employers may invoke the "conflicting foreign law defense." For example, a company operating in Saudi Arabia may require its helicopter pilots to be Muslim to comply with local laws, even though this would typically violate Title VII. Similarly, a company operating in Germany may not be in violation of the ADEA if it enforces a mandatory retirement age of 65 as required by German law.

Additional Considerations

When US citizens are working for a US company or subsidiary abroad, they are protected from discrimination under Title VII, the ADEA, and the ADA. However, other US laws, such as the Fair Labor Standards Act, the Family and Medical Leave Act, and the National Labor Relations Act, do not typically have extraterritorial application.

To summarize, while US employment laws generally apply only within the United States, there are specific instances where certain laws extend to US citizens working abroad, particularly when they are employed by US companies or subsidiaries. In these cases, it's crucial to be aware of potential conflicts with local laws and seek legal advice to ensure compliance with both US and host country employment regulations.

Criminal law and federal crimes

Criminal law is usually limited to the jurisdiction in which the alleged crime occurred. However, there are many circumstances in which crimes committed in other countries can be prosecuted in the United States as federal crimes. The US Constitution has jurisdiction over crimes committed outside the country, and US courts can prosecute certain criminal acts even if the accused are not American citizens.

The Constitution does not directly address geographic limitations on federal criminal law. However, several clauses imply that federal power was intended to apply outside the country in certain circumstances, such as crimes committed on the high seas or offenses against the law of nations. Congress has wide latitude to enact laws that govern conduct occurring in other countries, and there is no presumption against extraterritoriality.

There are several notable circumstances in which US criminal law can be applied extraterritorially:

• Citizens' Misconduct Abroad: US criminal law applies to US citizens living and working abroad. For example, a US citizen found guilty of insider trading in another country can be prosecuted in a US court.
• Crimes Committed Against a US Citizen: US law has jurisdiction over any person committing a crime against a US citizen, regardless of their nationality or where the crime took place.
• Corporations Conducting Transactions Involving US Citizens: US laws govern trades and other complex financial transactions conducted within the US and/or involving American citizens.
• Crimes that Threaten the Security of the US or Affect its Operations: Any criminal activity by a foreign citizen that could threaten US security or hamper its regular functioning is punishable by US law. This includes making false claims or lying on a visa application.
• Crimes that Are Especially Heinous in Nature: The US reserves the right to arrest and prosecute any person who is a citizen of any country worldwide for crimes that are especially heinous and condemned by every nation, such as terrorism, genocide, and torture.
• The Racketeer Influenced and Corrupt Organizations Act (RICO): RICO covers various crimes and makes them punishable under US law, regardless of whether the accused is a US citizen or a foreign national. These include cybercrime, money laundering, bribery, extortion, murder, and illegally gaining funds designated for welfare and charity.
• Tax Evasion Laws for US Citizens: US citizens and residents holding a Green Card are expected to file tax returns each year to report their income from worldwide sources. Not doing so, or misreporting income, is a punishable offense that can lead to criminal prosecution in a US court.

It is important to note that the application of US criminal law extraterritorially is complex and requires skilled legal counsel to navigate.

US laws governing international activities

In addition to the laws of the host country, US laws also govern the conduct of activities in foreign countries. These laws are in place to protect individuals and organisations from financial and criminal penalties. Here are some of the key US laws that apply to international activities:

Foreign Corrupt Practices Act (FCPA)

The FCPA prohibits individuals or organisations from directly or indirectly offering, promising, or paying money or anything of value to a foreign official to gain an improper advantage in business. It also forbids inducing a foreign official to misuse their position for preferential treatment. Enforcement of the FCPA is handled by the US Department of Justice (DOJ), and violations can result in serious criminal penalties.

Export Administration Act (EAA) and Export Control Regulations

The EAA prohibits US individuals and entities from participating in unsanctioned boycotts of other countries, particularly Israel. The US Department of Commerce (DoC) enforces this through the 1976 Tax Reform Act, denying tax benefits to violators. Additionally, US export control regulations restrict the export of research-related materials and information, including shipping items overseas and sharing information with certain foreign nationals. These regulations are enforced by the US Department of Commerce Export Administration Regulations (EAR) and the US Department of State International Traffic in Arms Regulations (ITAR).

US Economic Sanctions

The Office of Foreign Assets Control (OFAC) administers and enforces economic and trade sanctions to protect national security, foreign policy, and economic interests. These sanctions can be comprehensive embargoes or targeted restrictions on specific activities, entities, or individuals. OFAC also maintains a list of "Specially Designated Nationals" (SDNs) with whom transactions or dealings are prohibited.

Bureau of Industry and Security (BIS)

The BIS maintains separate lists of individuals and entities that are prohibited from engaging in business transactions. These lists should be routinely checked before entering into international business dealings.

Support to Foreign Terrorist Organisations (FTOs)

US law prohibits providing "material support or resources" to foreign organisations that engage or threaten to engage in terrorist activities that endanger US security or citizens.

Currency and Foreign Bank Account Reporting

US individuals and entities must comply with reporting requirements when dealing with foreign bank accounts and large amounts of currency. Amounts exceeding $10,000 must be reported to US Customs and Border Protection, and proper forms must be completed when entering or returning to the US with such amounts.

US laws for students abroad

US laws can apply to US citizens and organizations even when they are overseas. For students studying abroad, it is important to be aware of these laws to avoid any legal complications. Here are some key US laws and regulations that may apply to American students during their time overseas:

Foreign Corrupt Practices Act (FCPA)

The FCPA prohibits US citizens and entities from offering or paying bribes to foreign officials to obtain improper advantages or influence decisions. This includes gifts or payments to government officials, faculty, or staff of universities in the host country. Violations of the FCPA can result in serious criminal penalties.

Antiboycott Laws

US laws prohibit American organizations and individuals from participating in boycotts of other countries, notably Israel. These regulations also extend to discriminating against individuals based on race, religion, sex, national origin, or nationality. Organizations that receive requests to discriminate must report them to the US Department of Commerce's Office of Antiboycott Compliance.

Export Control Regulations

The US Department of Commerce's Export Administration Regulations (EAR) and the Department of State's International Traffic in Arms Regulations (ITAR) control the export of research-related materials, equipment, information, software, and technology. These regulations may apply to shipping items overseas, sharing information with foreign nationals, or interacting with embargoed countries or individuals. Violations can result in significant fines and imprisonment.

Economic Sanctions

The Office of Foreign Assets Control (OFAC) administers economic and trade sanctions to protect US national security, foreign policy, and economic interests. These sanctions may include comprehensive embargoes or targeted restrictions on specific activities, individuals, or entities. US citizens and organizations are prohibited from certain transactions or dealings with sanctioned countries, regimes, or "Specially Designated Nationals" (SDNs). Violations may result in civil or criminal penalties.

Currency and Foreign Bank Account Reporting

US citizens must report amounts over $10,000 when entering or leaving the country. Additionally, those with financial interests or authority over foreign financial accounts exceeding $10,000 in a calendar year must report this to the US Treasury Department. Structuring transactions to avoid reporting requirements is prohibited.

Academic Integrity Laws

Plagiarism and academic dishonesty are taken very seriously in US academic institutions. Consequences can range from failing grades to expulsion. International students should familiarize themselves with their university's academic integrity policies and resources to ensure original and properly cited work.

Alcohol and Drug Laws

The legal drinking age in the US is 21, and underage drinking can have serious consequences. Drug possession and use are also strictly regulated, and violations can jeopardize a student's status and future opportunities. International students should be aware of their university's policies and local laws regarding alcohol and drug use.

In addition to these US laws, students studying abroad should also be mindful of the local laws and customs of their host country. It is important to stay informed and seek guidance from the appropriate resources, such as the US embassy or consulate, to ensure a safe and successful experience while studying in a foreign country.

US laws for tourists abroad

US citizens travelling abroad should be aware that they are subject to the laws of the host country, as well as some US laws that govern conduct in foreign countries.

US Laws that Apply Overseas

Some US laws that apply to US citizens and organisations overseas include:

• The Foreign Corrupt Practices Act (FCPA): Prohibits offering or paying money, gifts, or anything of value to a foreign official to gain an improper advantage in business.
• Antiboycott Laws: The US government prohibits US organisations from participating in boycotts of other countries, notably Israel.
• Export Control Regulations: US export control regulations govern the export of research-related materials and information, including shipping items overseas and sharing information with certain foreign nationals.
• Economic Sanctions: The Office of Foreign Assets Control (OFAC) administers and enforces economic and trade sanctions to protect national security, foreign policy, and economic interests.
• Currency and Foreign Bank Account Reporting: US citizens must report amounts over $10,000 when entering or leaving the country and disclose foreign financial interests and accounts.

Emergency Support for US Citizens Abroad

In case of an emergency while abroad, US citizens can call the local equivalent of 911 or contact International SOS by phone at +1-617-998-0000 or through the Assistance App.

Unique Laws in Different States

US laws can vary significantly from state to state, so it is important to familiarise yourself with the laws and customs of your destination. For example, in New Jersey, it is illegal to fill your own gas tank, while in Michigan, it is illegal to be intoxicated on a train.

Frequently asked questions