Tourists And Foreign Laws: Who Gets Jurisdiction?

When travelling to a foreign country, it is important to remember that the laws of your home country do not travel with you. The laws and customs of a country can vary drastically from your own, and it is your responsibility to know and respect the local regulations, however surprising they may seem. Ignorance of the law is not an excuse, and you can still be punished for breaking a law even if you are a tourist. For example, in Barbados, it is illegal to wear camouflage clothing, and in Germany, you can be fined for stopping on the Autobahn. In addition, drug laws can be more severe in other countries, and prescription medications may be illegal. Therefore, it is critical to research the laws of your destination before travelling to avoid accidentally violating any local laws or customs.

Drug laws

In some countries, such as Canada, it is illegal to take cannabis across the border, even if it is for medical use. This includes products containing CBD and all cannabis-related products. Other countries, such as the United Arab Emirates, have strict laws against the possession and use of any illegal drugs, with severe penalties for drug-related offenses.

Drug tourism, where individuals travel to obtain or use drugs that are unavailable, illegal, or expensive in their home country, is common. For example, Amsterdam in the Netherlands is a popular destination due to the liberal attitude towards cannabis. However, drug tourism can carry legal risks, as individuals may be prosecuted for drug smuggling or other drug-related charges in their home country or the country they are visiting, especially if they attempt to bring their purchases back home.

It is important to carefully research the laws and customs of your destination country before traveling, as the consequences of breaking local laws can be severe.

Local customs

When travelling, it's important to remember that you are a guest in another culture. You wouldn't want visitors to your home to disrespect your customs, so be sure to show the same respect to your hosts.

Dress Modestly

Long trousers and covered shoulders are the norm in most Asian and African countries. Tourists should aim to blend in with the locals, rather than sticking out like a sore thumb.

Be Polite

Locals may be apprehensive, shy, or even frightened of outsiders, especially if they don't often see foreigners in their everyday lives. Be unobtrusive, polite, and friendly.

Respect Religious and Cultural Sites

Many religious and cultural sites are important to local people. Be respectful of their wishes and local laws regarding these sites. For example, at the Kyaiktiyo Pagoda in Myanmar, women are not allowed to touch the rock and must maintain a distance of 15 feet.

Support Local Businesses

Buy local produce and souvenirs, use local guides, and eat when and where the locals do. This keeps your money in the local economy and benefits the local culture.

Be Mindful of Personal Space

Public displays of affection are generally frowned upon in many countries and may draw unnecessary and unwanted attention. Touching someone's head is usually considered insulting, and pointing with your forefinger is also considered rude in many cultures.

Ask Before Taking Photos

Some cultures believe that taking someone's picture takes a part of their soul. Always ask permission before taking a photo of someone or their property.

Be Patient

Transportation delays and aggressive vendors can be frustrating, but remember that your reaction will either endear you to locals or antagonise and insult them. Losing your temper will leave a very negative impression of foreigners, which could make things difficult for the next tourist.

Research Local Laws and Customs

Many countries have laws and customs that may seem unusual to foreigners. For example, it is illegal to drive without a shirt in Thailand, and in the United Arab Emirates, public displays of affection are not allowed, even between married couples.

Photography laws

Consent and Privacy

In many countries, it is required to obtain consent before taking photographs of people, especially in public places. This consent may also be necessary for publishing or using the images commercially. Some countries, like Brazil and Peru, have laws that protect the right to one's own image and privacy. It is essential to respect people's privacy and not invade their personal space when taking photographs.

Restrictions on Photography

There are often restrictions on photography in certain locations. For example, it may be prohibited to take pictures in places of worship, government buildings, or areas with security concerns. Some countries, like the United Arab Emirates, have laws against public displays of affection, which could impact the type of photographs taken.

Commercial Photography

If you plan to use your photographs for commercial purposes, such as selling them or promoting goods, you may need to obtain permission from the people or property owners involved. This is particularly important in places like California State Parks and the Chesapeake and Ohio Canal National Historical Park in the US, where commercial photography requires a permit.

Intellectual Property Rights

It is important to respect the intellectual property rights of photographers. In most jurisdictions, the photographer owns the copyright to their images and has the right to publish and distribute them. However, there may be exceptions, such as when the photographer is an employee, in which case the employer may own the copyright.

Local Laws and Customs

It is crucial to research and abide by the local laws and customs of the country you are visiting. For example, in some Caribbean countries like Barbados, wearing camouflage clothing is illegal, and in the United Arab Emirates, public displays of affection are prohibited.

Remember to always be respectful and mindful of the local culture and regulations when taking photographs during your travels.

Alcohol laws

Some countries forbid alcoholic beverages, and in majority-Muslim countries, alcohol is often prohibited entirely or for Muslim citizens as it is considered haram (forbidden) in Islam. In some countries, alcohol may be banned in certain parts or during certain times, such as during Ramadan or on election days. For example, in the United Arab Emirates, alcohol is allowed to be sold under very strict regulations in most emirates, but it is completely banned in Sharjah.

In some countries, tourists may be allowed to consume alcohol in licensed hotels, bars, or restaurants, or in private. For example, in Qatar, alcohol is legal for tourists at hotels and bars, and in the Maldives, alcohol is banned for the local population, but some resorts, hotels, and restaurants with special permits are allowed to sell alcohol to visitors. In other countries, such as Libya, alcohol sale and consumption are banned completely, and strict punishments are meted out to those who break the law.

It is important to note that alcohol laws can change over time, and it is always advisable to check the latest information for your destination before travelling.

LGBTQ+ laws

When travelling to another country, it is important to remember that the laws of your home country do not travel with you. As a tourist, you are subject to the laws of the country you are visiting, and it is your responsibility to know and respect the local regulations, even if they seem surprising. This is especially true for LGBTQ+ individuals, as many countries have laws that criminalize same-sex relations and gender expression. Here are some key points to keep in mind:

• Research Your Destination: Before travelling, it is crucial to research the laws and attitudes of your destination country regarding LGBTQ+ rights. About 70 countries consider consensual same-sex relations a crime, and in some of these countries, individuals engaging in same-sex sexual relations may face severe punishment. Even in countries where same-sex relations are not criminalized, there may be laws that prohibit public gatherings of LGBTQ+ communities or the sharing of pro-LGBTQI+ material.
• Be Wary of Entrapment: In some countries, police may target LGBTQ+ individuals by watching websites, apps, and meeting places. Be cautious when connecting with locals and be aware that new-found "friends" could be criminals targeting foreigners perceived to be LGBTQ+.
• Resorts vs. Local Communities: Some resorts and neighbourhoods may be LGBTQ+-friendly, but the broader community in the surrounding areas may have different, less accepting attitudes. Keep this in mind when planning excursions outside of LGBTQ+-welcoming spaces.
• Laws Regarding Gender Expression: In addition to laws criminalizing same-sex relations, some countries have laws that specifically target transgender and gender non-conforming individuals. For example, at least nine countries have national laws criminalizing forms of gender expression, such as "posing as" or "imitating" a person of a different sex.
• Unequal Ages of Consent: Be aware that some countries have unequal ages of consent, with a higher age set for same-sex couples than for different-sex couples.
• Marriage Recognition: Many countries do not recognize same-sex marriage, which can have legal implications for LGBTQ+ couples.
• Insurance and Support: Consider purchasing travel insurance that specifically covers LGBTQ+ travelers. Enrolling in a program like the Smart Traveler Enrollment Program (STEP) can also provide support and assistance during emergencies.
• Documentation: Bring copies of important documents, especially if the laws of your destination country differ significantly from those of your home country. This includes legal and health documents, parentage and custody documents (especially if travelling with children), and contact information for your family and/or attorney back home.

While travelling to a new country can be an exciting adventure, it is important to be informed and aware of the local laws and attitudes, especially as an LGBTQ+ individual. By researching and understanding the legal landscape of your destination, you can better navigate any challenges that may arise and ensure a safer and more enjoyable trip.

Frequently asked questions