Keith Mack
The applicability of US law overseas is a complex issue. While US laws do not generally apply outside of the country, there are exceptions. For example, the US government can hold its citizens liable for taxes, regardless of where they live. Additionally, the US has passed laws with extraterritorial jurisdiction, such as the Foreign Corrupt Practices Act, which prohibits bribing foreign officials, and the PROTECT Act of 2003, which makes it illegal for US citizens to engage in illicit sexual conduct with minors abroad. These laws demonstrate that in certain situations, US citizens can be subject to US legal provisions even when travelling or residing in foreign countries.
What You'll Learn
US citizens abroad are subject to US criminal law
US citizens are subject to US criminal law while abroad, and the US government can and does prosecute its citizens for crimes committed on foreign soil. This is known as extraterritorial jurisdiction (ETJ), and it is the legal ability of a government to exercise authority beyond its normal boundaries.
ETJ is often used by the US to prosecute its citizens living and working abroad, as well as foreign nationals with no connection to the US. For example, the Racketeer Influenced and Corrupt Organizations Act (RICO) can be applied to criminal actions occurring outside the US, as seen in the case of RJR Nabisco, Inc. vs. The European Community. The Supreme Court ruled that RICO could be applied to foreign racketeering activity with a foreign component, such as money laundering.
There are several other offenses that could result in extraterritorial prosecution, including conspiracy charges, theft of federal property overseas, counterfeiting American money, and illicit sexual conduct involving minors. The US government also maintains embargoes against several countries, and US citizens are generally liable for taxes regardless of where they live.
US citizens imprisoned overseas can receive assistance from the US Department of State and US embassies and consulates abroad. This assistance includes providing a list of local attorneys who speak English, contacting family and friends, and ensuring appropriate medical care is provided.
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US law applies to crimes against US citizens
US law can be applied to crimes against US citizens committed overseas. This is known as extraterritorial jurisdiction (ETJ), which is the legal ability of a government to exercise authority beyond its normal boundaries.
ETJ can be claimed over any external territory, but to be effective, it must be agreed upon with the legal authority of the territory in question, or with a legal authority that covers both territories. The US has previously claimed ETJ in matters pertaining to US-registered ships and aircraft, military bases, and embassies.
US citizens are subject to US law, regardless of where they are in the world. However, when outside of the US, they are generally outside of the jurisdiction of those laws. There are exceptions, however, such as the PROTECT Act of 2003, which makes it illegal for a US citizen to engage in illicit sexual conduct abroad with a minor.
In addition, the US government can prosecute citizens for breaking US laws while abroad, such as bribing foreign officials (Foreign Corrupt Practices Act) or travelling to countries that the US has embargoes against.
Crimes against humanity are serious offences committed as part of a large-scale attack against civilians. They can be committed during peace or war and by a state against its own citizens or foreign nationals. The US has previously supported laws on crimes against humanity, such as the Crimes Against Humanity Act of 2009, which would make it a crime under federal law for US citizens to commit or be present in the US when such crimes are committed.
The US Department of State helps US citizens who are victims of crime abroad, providing resources and contacts that vary by country and type of crime.
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US laws govern trades and transactions involving US citizens
US laws can govern trades and transactions involving US citizens in several ways, even when these citizens are overseas. Firstly, US citizens are liable to pay taxes to the US government, regardless of where they live. US citizens are also prohibited from bribing foreign officials under the Foreign Corrupt Practices Act (FCPA).
In addition, US laws can have extraterritorial jurisdiction in certain cases. For example, the PROTECT Act of 2003 makes it illegal for US citizens to partake in illicit sexual conduct with minors abroad. US citizens can also be prosecuted for breaking US laws while on foreign soil in cases where the victim is a US citizen.
Furthermore, US companies engaging in international transactions must comply with both US regulations and foreign import requirements. The Export Administration Regulations (EAR), for instance, govern the export and re-export of certain products, software, and technology. US companies must also comply with the Foreign Corrupt Practices Act (FCPA), which prohibits the bribing of foreign officials.
US laws also impact international trade agreements. For instance, US free trade agreement partners may qualify for reduced or zero tariff rates. US companies can also obtain help from the US government when faced with particularly burdensome or discriminatory barriers imposed by a foreign government.
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US laws apply to crimes threatening US security
US laws do apply to crimes threatening US security, even when committed outside the country. This is known as extraterritorial jurisdiction (ETJ), which is the legal ability of a government to exercise authority beyond its normal boundaries.
In the US, there are several laws that cover crimes threatening US security, even when committed overseas. For example, the Computer Fraud and Abuse Act (CFAA) prohibits unauthorised access to computers and obtaining national security information, which can result in imprisonment of up to 10 years. The CFAA has been amended by the USA PATRIOT Act to apply extraterritorially.
Additionally, the Justice Manual of the US Department of Justice outlines various statutes related to the protection of government officials, including the President, Vice President, their families, and other Secret Service protectees. These statutes include provisions for prosecuting threats, assaults, kidnappings, and murders committed against these individuals.
Furthermore, the US Criminal Code includes provisions for extraterritorial jurisdiction in certain cases, such as on US aircraft, spacecraft, and vessels, as well as in cases involving US nationals outside the country.
It is important to note that the application of US laws overseas is not absolute and may depend on agreements with the host country or other legal authorities. The presumption against extraterritoriality, introduced by Justice Oliver Wendell Holmes in 1909, states that US laws should not be applied to other countries unless explicitly stated in the law. However, this presumption has evolved over time, and there are now specific laws that allow for the prosecution of certain crimes threatening US security, even when committed outside the country.
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US laws apply to crimes considered heinous in nature
The United States Law reserves the right to arrest and prosecute any person who is a citizen of any country worldwide and present in any location for crimes that are especially heinous and condemned by every nation. These crimes against humanity include offenses like the slave trade, terrorism, apartheid, genocide, torture, war crimes, and the forcible relocation of entire populations.
The US Constitution has jurisdiction over crimes committed in locations outside the country. Under specific circumstances, US courts can prosecute certain criminal acts even if the accused are not American citizens. The US Constitution specifically states that a law applies to actions outside US territory, defendants can be prosecuted.
The Racketeer Influenced and Corrupt Organizations Act (RICO) covers various crimes and makes them punishable under US law, regardless of whether the accused is a US citizen or a foreign national. Some of the crimes that the US Constitution can prosecute even if they occurred at an overseas location include cybercrime, money laundering, bribery, extortion, unlawfully acquiring US citizenship, forging US passports, murder, or illegally gaining funds designated for welfare and charity.
The US government can and has passed laws that include jurisdiction outside of the US. For example, the PROTECT Act of 2003 makes it illegal for a US citizen to partake in illicit sexual conduct abroad with someone under the age of 18.
It is important to note that the laws vary from country to country, and what is illegal in one country might be both legally permitted and culturally accepted in another.
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Frequently asked questions
Yes, US law can apply to US citizens living and working abroad. US criminal law covers US citizens in overseas locations, and they can be prosecuted in a US court.
In some cases, yes. If a non-US citizen is working for a US firm or a company controlled by a US firm, they are covered by some US employment laws. Additionally, if a non-US citizen commits a crime against a US citizen, they can be prosecuted by US law.
Some US laws with extraterritorial jurisdiction include the Racketeer Influenced and Corrupt Organizations Act (RICO), the Maritime Drug Law Enforcement Act (MDLEA), laws related to offences taking place in federal buildings in foreign installations, and laws related to illicit sexual conduct involving minors.
If you're facing criminal charges in another country, it is recommended that you contact a criminal lawyer in the state where the charges are being brought against you. They will be able to provide you with specific legal advice and guidance.
