Appendix A to Part 153 - Guidelines
32:1.1.1.5.47.0.44.6.36 : Appendix A
Appendix A to Part 153 - Guidelines
(a) Civilians employed by the Armed Forces outside the United
States who commit felony offenses while outside the U.S. are
subject to U.S. criminal jurisdiction under the Act, and shall be
held accountable for their actions, as appropriate.
(b) Civilians accompanying the Armed Forces outside the United
States who commit felony offenses while outside the U.S. are
subject to U.S. criminal jurisdiction under the Act, and shall be
held accountable for their actions, as appropriate.
(c) Former members of the Armed Forces who commit felony
offenses while serving as a member of the Armed Forces outside the
U.S., but who ceased to be subject to UCMJ court-martial
jurisdiction without having been tried by court-martial for such
offenses, are subject to U.S. criminal jurisdiction under the Act
and shall be held accountable for their actions, as
appropriate.
(d) The procedures of this part and DoD actions to implement the
Act shall comply with applicable Status of Forces Agreements, and
other international agreements affecting relationships and
activities between the respective host nation countries and the
U.S. Armed Forces. These procedures may be employed outside the
United States only if the foreign country concerned has been
briefed or is otherwise aware of the Act and has not interposed an
objection to the application of these procedures. Such awareness
may come in various forms, including but not limited to Status of
Forces Agreements containing relevant language, Diplomatic Notes or
other acknowledgements of briefings, or case-by-case arrangements,
agreements, or understandings with appropriate host nation
officials.
(e) Consistent with the long-standing policy of maximizing U.S.
jurisdiction over its citizens, the Act and this part provide a
mechanism for furthering this objective by closing a jurisdictional
gap in U.S. law and thereby permitting the criminal prosecution of
covered persons for offenses committed outside the United States.
In so doing, the Act and this part provide, in appropriate cases,
an alternative to a host nation's exercise of its criminal
jurisdiction should the conduct that violates U.S. law also violate
the law of the host nation, as well as a means of prosecuting
covered persons for crimes committed in areas in which there is no
effective host nation criminal justice system.
(f) In addition to the limitations imposed upon prosecutions by
section 3261(b) of the Act, the Act and these procedures should be
reserved generally for serious misconduct for which administrative
or disciplinary remedies are determined to be inadequate or
inappropriate. Because of the practical constraints and limitations
on the resources available to bring these cases to successful
prosecution in the United States, initiation of action under this
part would not generally be warranted unless serious misconduct
were involved.
(g) The procedures set out in the Act and this part do not apply
to cases in which the return of fugitive offenders is sought
through extradition and similar proceedings, nor are extradition
procedures applicable to cases under the Act.