§3273 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Workers from the Department of Homeland Security or the Department of Justice who are sent to Canada under a treaty, agreement, or bilateral memorandum to help with border security must follow U.S. criminal law. If they do, try to do, or plan to do in Canada something that would be a crime under U.S. law if done in the United States or in U.S. special maritime and territorial jurisdiction, they can be fined or sent to prison the same as for that crime. “Employed by DHS or DOJ” here means: a civilian worker or any contractor or subcontractor at any level; a person living or staying in Canada because of that job; and someone who is not a Canadian citizen or usual resident of Canada.

Title 18, §3273

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever, while employed by the Department of Homeland Security or the Department of Justice and stationed or deployed in Canada pursuant to a treaty, executive agreement, or bilateral memorandum in furtherance of a border security initiative, engages in conduct (or conspires or attempts to engage in conduct) in Canada that would constitute an offense for which a person may be prosecuted in a court of the United States had the conduct been engaged in within the United States or within the special maritime and territorial jurisdiction of the United States shall be fined or imprisoned, or both, as provided for that offense.

(b)In this section, the term “employed by the Department of Homeland Security or the Department of Justice” means—

(1)being employed as a civilian employee, a contractor (including a subcontractor at any tier), or an employee of a contractor (or a subcontractor at any tier) of the Department of Homeland Security or the Department of Justice;

(2)being present or residing in Canada in connection with such employment; and

(3)not being a national of or ordinarily resident in Canada.

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Pub. L. 114–316, § 2(c), Dec. 16, 2016, 130 Stat. 1594, provided that: “Nothing in this section [enacting this section] or the

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made by this section shall be construed to infringe upon or otherwise affect the exercise of prosecutorial discretion by the Department of Justice in implementing this section and the

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made by this section.”

§3273 Offenses Committed by Certain United States Personnel Stationed in Canada in Furtherance of Border Security Initiatives

Summary

Title 18, §3273

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Statutory Notes and Related Subsidiaries

Construction

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