EXTRATERRITORIAL APPLICATION OF AMERICAN CRIMINAL LAW

On 21 March, the US Congressional Research Service published an updated briefing, saying that a number of US criminal laws apply extraterritorially outside of the US.  Application is generally a question of legislative intent, express or implied.  There are 2 exceptions.  First, the statute must come within Congress’s constitutional authority to enact.  Second, neither the statute nor its application may violate due process or any other constitutional prohibition.  The CRS also issued an “Abbreviated Sketch” – an 8-page summary version.

https://crsreports.congress.gov/product/pdf/RL/94-166

https://crsreports.congress.gov/product/pdf/RS/RS22497

https://www.buymeacoffee.com/KoIvM842y

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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