USAFEI51-706_IP — Exercise Of Foreign Criminal Jurisdiction Over United States Personnel

USAFEI51-706_IP governs policy and procedures for protecting U.S. personnel subject to foreign criminal jurisdiction.

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  • Publication number: USAFEI51-706_IP
  • Title: EXERCISE OF FOREIGN CRIMINAL JURISDICTION OVER UNITED STATES PERSONNEL
  • Date: 2019-12-18

View USAFEI51-706_IP on armypubs.army.mil


It establishes a uniform reporting system for matters involving the exercise of foreign criminal jurisdiction over U.S. personnel. It covers individual cases, trial observers, confinement in foreign penal institutions, jurisdiction reports, and country law studies.

Applies to: This publication applies to U.S. personnel stationed in, on temporary duty in, or passing through the USEUCOM geographic area of responsibility.

Topics covered

  • Foreign criminal jurisdiction
  • Official duty status
  • Trial observers
  • Foreign penal institutions
  • Jurisdiction reports
  • Country law studies

Questions and answers

What is considered performance of official duty for an act or omission?

In general, an act or omission is done “in the performance of official duty” if it is done in response to competent authority or directive, whether expressed or implied, and is reasonably related to the performance of required or permissive official functions of U.S. Forces personnel. (paragraph 8)

What advice should investigating officers seek before beginning an investigation?

Before beginning investigations, investigating officers should seek the advice of servicing staff judge advocates. (paragraph 2)

What evidence should investigating officers obtain?

Investigating officers should obtain all material evidence bearing on the incident and the question of whether the subjects were in the performance of official duties. (paragraph 3)

What should be included when a subject was not in duty uniform?

Whether the subject was in duty uniform. If the subject was attired in other than duty uniform, the reason why other clothing was worn should be included. (paragraph 5)

What must the servicing staff judge advocate do before a report is submitted?

The servicing staff judge advocate will be responsible for providing legal support to investigating officers and for reviewing reports of investigation for legal sufficiency before the report is submitted to the local commander. (paragraph 5)

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