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DOD/OS | RIN: 0790-AI89 | Publication ID: Fall 2018 |
Title: Foreign Criminal and Civil Jurisdiction | |
Abstract:
This rule will update 32 CFR part 151, Status of Forces Policies and Information” which was last updated on March 28, 1980. This rule proposes to update DoD policy and procedures concerning trial by foreign criminal courts of, treatment in foreign prisons of, and the payment of counsel fees in certain civil cases for command-sponsored and non-command sponsored dependents of Armed Forces members, and dependents of nationals and non-nationals of the United States who are serving with or accompanying the Military Services. This regulation establishes that -- for dependents of DoD personnel, when those dependents are in a foreign country as a result of accompanying DoD personnel who are assigned duty in that country -- it is Department of Defense policy to (a) maximize the exercise of U.S. jurisdiction to the extent permissible under applicable status of forces agreements or other forms of jurisdiction arrangements; (b) protect, to the maximum extent possible, the rights of dependents of DoD personnel who may be subject to criminal trial by foreign courts and imprisonment in foreign prisons; and (c) secure, where possible, the release of an accused to the custody of U.S. authorities pending completion of all foreign judicial proceedings. |
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Agency: Department of Defense(DOD) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Fully or Partially Exempt | |
CFR Citation: 32 CFR 151 | |
Legal Authority: 10 U.S.C. ch. 47 10 U.S.C. 1037 |
Legal Deadline:
None |
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Timetable:
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Additional Information: DoD Instruction 5525.11, available at http://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/552511p.pdf | |
Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Bart Wager Associate General Counsel Department of Defense Office of the Secretary 1600 Defense Pentagon, Room 3B710, Washington, DC 20301-1600 Phone:703 571-9355 Email: james.b.wager.civ@mail.mil |