View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

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.

 
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
Timetable:
Action Date FR Cite
NPRM  10/00/2018 
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