Us Laws: Global Reach Or Overreach?

American citizens enjoy a wide range of rights and privileges granted by the US Constitution and supported by various laws. However, when travelling abroad, US citizens are not exempt from the laws of the country they are visiting. While some US laws do apply to citizens abroad, such as the Foreign Corrupt Practices Act, which makes it illegal to bribe foreign officials, and the PROTECT Act of 2003, which prohibits illicit sexual conduct with minors, the applicability of US laws outside of US territory is limited. Federal employment laws, for example, generally only apply to employees working in the US or its territories, with a few exceptions, such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. Understanding the laws of the country you are visiting is crucial, as ignorance is not a valid excuse, and breaking local laws can have serious consequences.

US citizens working for US companies abroad are protected from discrimination

US laws can apply to US citizens working for US companies abroad, protecting them from discrimination. However, this is not always the case, and it is essential to understand when US laws apply extraterritorially and when they do not.

US citizens working for US companies or subsidiaries 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). These laws ensure that US citizens working for American companies overseas cannot be discriminated against based on race, colour, sex, national origin, religion, age, or disability.

For example, a US citizen working in Africa for a US company as a customer service manager may be protected by Title VII if they are transferred to a less desirable position due to race. The employer admitted that the transfer was made because their predominantly white customers did not want to deal with non-whites, which is a violation of US anti-discrimination laws.

However, it is important to note that these anti-discrimination laws do not apply to non-US citizens working for US companies abroad. In addition, US citizens working for non-US employers, even within the US, may not be covered by these laws if the employer is subject to a treaty or agreement that permits the preference of their own nationals for certain positions.

Furthermore, US employers are not required to comply with Title VII, ADEA, or ADA if adhering to those laws would violate the laws of the country where the workplace is located. For example, a US company located in a country that forbids women from supervising men would not be in violation of US anti-discrimination laws if they refused to promote a female employee to a management position.

US citizens working abroad should be aware of the local laws and regulations of the country they are in, as they are obligated to act in accordance with those laws and may not receive special privileges or rights from the US government if they get into legal trouble.

US citizens are liable for taxes, regardless of where they live

US citizens are required to file a US tax return regardless of where they live. This means that Americans living abroad still have to send their taxes to the IRS. Failing to do so could result in steep penalties, including fines, interest charges, and even jail time.

US taxes are based on citizenship rather than residence. This means that citizens are taxed by the IRS even if they live in another country. The only way to avoid this requirement is to renounce your citizenship, which can be a costly choice and is rarely wise.

If you are a US citizen or resident alien living outside the United States, your worldwide income is subject to US income tax, regardless of where you live. However, you may qualify for certain foreign earned income exclusions and/or foreign income tax credits. For example, the foreign earned income exclusion allows you to exclude a certain amount of foreign earned income from US taxation. The total amount you can exclude changes every year.

In addition to filing a US tax return, US citizens living abroad may also be required to file additional US tax forms. For example, they may need to report their foreign assets and bank accounts on a Foreign Bank Account Report (FBAR). Failing to file these additional forms can result in serious penalties, including passport denial, fines, and even criminal charges.

It is important to note that the rules for filing income, estate, and gift tax returns and paying estimated taxes are generally the same for US citizens and resident aliens, whether they are in the United States or abroad. As such, US citizens living abroad should ensure they are familiar with their tax obligations and consult a tax professional if needed.

US citizens must obey local laws, even if they contradict US laws

For example, the minimum legal drinking age in the US is 21, but in many countries, it is 18 or lower. A 19-year-old US citizen can travel to Chile, for instance, and drink alcohol legally according to local laws. However, there are exceptions to this rule. The US government has passed laws with extraterritorial jurisdiction, such as the PROTECT Act of 2003, which prohibits US citizens from partaking in illicit sexual conduct abroad with minors under the age of 18.

When US citizens break local laws while abroad, the US government can do very little to help them. They are granted no special privileges or rights and will be dealt with according to the standard procedures of the legal system of the country they are in. Therefore, it is essential for US citizens to familiarise themselves with the local laws before travelling to another country. Alcohol and drug use, for instance, may be legal in some countries but prohibited in others. Breaking local laws, even unintentionally, can lead to serious consequences.

In summary, while US citizens are technically subject to US laws even when abroad, they must obey the local laws of the country they are visiting, even if they contradict US laws. Failure to do so can result in legal repercussions, and the US government has limited ability to intervene.

US citizens can be prosecuted in the US for crimes committed abroad

US citizens are subject to US laws even when they are abroad. This means that US citizens can be prosecuted in the US for crimes committed in a foreign country.

The US government has what is called extraterritorial jurisdiction, which means that it can prosecute US citizens living and working abroad, as well as foreign nationals with no connection to the US, for crimes committed outside the US. This jurisdiction is increasingly being used by the US government to prosecute individuals.

For example, in the case of RJR Nabisco, Inc. vs. The European Community, the US Supreme Court held that the Racketeer Influenced and Corrupt Organizations Act (RICO) could be applied to criminal actions that took place outside the US. This means that a foreign individual or American citizen living abroad could be prosecuted under RICO in the US.

Additionally, Congress has enacted laws that explicitly provide federal courts with extraterritorial jurisdiction, such as the Maritime Drug Law Enforcement Act (MDLEA) and laws related to offenses that take place in airplanes or federal buildings in foreign installations. Other laws that provide for extraterritorial jurisdiction include conspiracy charges, attempt charges, theft of federal property overseas, counterfeiting American money, and killing a foreign national abroad to facilitate a domestic criminal enterprise.

It is important to note that US citizens working for a US company or subsidiary abroad are protected from discrimination under US laws such as 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 US laws, such as the Fair Labor Standards Act and the Family and Medical Leave Act, do not have extraterritorial application.

US citizens can be prosecuted in the country in which a crime was committed

US citizens who find themselves in legal trouble abroad should contact the nearest US embassy, consulate, or consular agency for assistance. The US Department of State's Office of Overseas Citizens Services acts as a liaison between US embassies or consulates and victim service providers, providing valuable assistance to US citizens who become victims of crime while abroad.

It is important to note that consular officers cannot provide legal advice, represent US citizens in court, serve as official interpreters or translators, or pay legal, medical, or other fees for the citizen. However, they can offer guidance on reporting crimes to local police, provide information about the local criminal justice system, and facilitate communication with prosecutors and court officers.

US citizens abroad are subject to the laws of the host country and must obey them. US embassies and consulates can provide information on local laws and procedures, but US citizens are responsible for understanding and complying with the laws of the country they are visiting.

In addition to local laws, US citizens abroad must also comply with certain US laws that govern activities outside of the US, such as the Foreign Corrupt Practices Act (FCPA) and export control regulations. These laws can have significant implications for US citizens working or studying abroad, and it is important to be aware of them to avoid legal consequences.

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