Title 18Crimes and Criminal ProcedureRelease 119-73

§3266 Regulations

Title 18 › Part PART II— - CRIMINAL PROCEDURE › Chapter CHAPTER 212— - MILITARY EXTRATERRITORIAL JURISDICTION › § 3266

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense must create rules, after talking with the Secretary of State and the Attorney General, on how to capture, hold, hand over, and remove people under this part of the law and how to help with the legal steps in section 3265. Those rules must be the same across the whole Department of Defense. The rules must also, as much as possible, require that people who work for or go with the U.S. military overseas and who are not U.S. nationals be told they might be subject to U.S. criminal law. Not giving that notice does not stop a U.S. court from having authority or give a person a defense in cases under this part. The rules or any changes to them cannot start until 90 days after the Secretary of Defense sends a report with the rules or changes to the House and Senate Judiciary Committees.

Full Legal Text

Title 18, §3266

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)The Secretary of Defense, after consultation with the Secretary of State and the Attorney General, shall prescribe regulations governing the apprehension, detention, delivery, and removal of persons under this chapter and the facilitation of proceedings under section 3265. Such regulations shall be uniform throughout the Department of Defense.
(b)(1)The Secretary of Defense, after consultation with the Secretary of State and the Attorney General, shall prescribe regulations requiring that, to the maximum extent practicable, notice shall be provided to any person employed by or accompanying the Armed Forces outside the United States who is not a national of the United States that such person is potentially subject to the criminal jurisdiction of the United States under this chapter.
(2)A failure to provide notice in accordance with the regulations prescribed under paragraph (1) shall not defeat the jurisdiction of a court of the United States or provide a defense in any judicial proceeding arising under this chapter.
(c)The regulations prescribed under this section, and any amendments to those regulations, shall not take effect before the date that is 90 days after the date on which the Secretary of Defense submits a report containing those regulations or amendments (as the case may be) to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate.

Reference

Citations & Metadata

Citation

18 U.S.C. § 3266

Title 18Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73