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DOD Issues Final Rule Re Criminal Jurisdiction Over Employees Of Battlefield Contractors

Mar.02.2006

DoD issued a final rule (71 Fed. Reg. 8946, Feb. 22, 2006), implementing the Military Extraterritorial Jurisdiction Act of 2000 ("MEJA") that established federal criminal jurisdiction over certain felony offenses of a contractor's employees and dependents while they accompany the Armed Forces under contracts and subcontracts at any tier with DoD or any other federal agency to the extent such employment relates to supporting the DoD mission overseas. The regulation outlines, among other things, the procedures associated with investigation, arrest, detention, removal to the United States, and possible delivery of persons to Host Nation Authorities and requires further regulations ensuring that U.S. nationals and foreign nationals employed by or accompanying the Armed Forces overseas are provided notice that they are potentially subject to the criminal jurisdiction of the United States.

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David C. Hammond
Partner – Washington, D.C.
Phone: +1 202.624.2510
Email: dhammond@crowell.com