Or take the application of U.S. legislation extraterritorially beyond its borders.
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The statute includes a number of crimes that apply extraterritorially, including money laundering.
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The Court of Appeals rejected the government's argument that the warrant provisions of the SCA apply extraterritorially.
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By reaching extraterritorially, regulators make it harder for companies to shop around for friendly jurisdictions to avoid these rules.
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"Congress undoubtedly intended that the substantive antifraud provisions should apply extraterritorially when the statutory conduct-and-effects test is satisfied," the court wrote.
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"It cannot be ruled out that the United States will impose future sanctions on China that go beyond the current trade measures initiated by the American president, which could then be applied extraterritorially," the paper added.
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A former State Street Corp executive's lawyer on Thursday urged an appellate court to conclude the wire fraud statute does not apply extraterritorially, seeking to overturn his client's conviction for overcharging major foreign customers of the bank.
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In the report, the secretary-general calls for heightened accountability from the global body and member states, including a faster investigation timeline and amended nation state laws and military codes that would ensure strict recourse against sex crimes committed by peacekeepers extraterritorially.
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A three-judge panel of the United States Court of Appeals for the Second Circuit, in Manhattan, ruled that the warrant in the case could not be used to obtain evidence beyond the nation's borders because the 1986 law did not apply extraterritorially.
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An incoming update to European privacy rules (called GDPR) — which beefs up fines for violations and applies extraterritorially (including, for example, if an EU citizen is using the Uber app on a trip to the U.S.) — also tightens the screw on data protection, giving individuals expanded rights to control their personal information held by a company.
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This move seems intended to try to shrink some of Facebook's legal liabilities by reducing the number of international users that would, at least technically, fall under the reach of the EU regulation — which both applies to anyone in the EU whose data is being processed and also extends EU fundamental rights extraterritorially, carrying the aforementioned major penalties for violations.
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That decision overturns a New York court's ruling and sets a new precedent that limits American prosecutors' ability to pull foreign communications data out of data centers beyond US borders—even when the company itself is headquartered in the US. "We conclude that Congress did not intend the [Stored Communications Act's] warrant provisions to apply extraterritorially," the judges wrote in their decision.
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In July 2016, the Second Circuit Court of Appeals, a prominent federal appellate court that sits in New York, ruled that a warrant obtained under the SCA does not allow the government to require the production of emails stored by Microsoft overseas—in this case, on a server in Ireland—because the relevant provision of the statute does not apply "extraterritorially" to reach foreign-stored data.
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The Court of Appeal held that section 6(3) of the RSIA had not divested the legislature of its power to legislate extraterritorially on two grounds.
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Kiobel v. Royal Dutch Petroleum Co., 569 U.S. 108 (2013), was a United States Supreme Court decision in which the court found that the Alien Tort Claims Act presumptively does not apply extraterritorially..
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Garkalne Municipality () is a municipality in Vidzeme, Latvia. The municipality was formed in 2007 by reorganization of Garkalne Parish. The seat of the council of the municipality is situated extraterritorially in Berģi, Riga.
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Although the court ruled that the laws which Ivanov violated already extended extraterritorially, the USA PATRIOT Act increased the scope of the Computer Fraud and Abuse Act to expressly cover machines outside the United States.
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It has four horse racing courses, and golf courses including the international competition venue at Wentworth. Guildford is popularly regarded as the county town, although Surrey County Council is based extraterritorially at Kingston upon Thames. Surrey is divided into eleven districts.
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However, although the Dresden Convention standardised currency exchange rates, it did not make coins legal tender extraterritorially. The Munich Coin Treaty was initially agreed to by Bavaria, Baden, Württemberg, Nassau, Hesse-Darmstadt, and the Free City of Frankfurt. Later, Hesse-Kassel and Hesse-Homburg also agreed to the treaty.
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After his indictment, Ivanov filed for a motion to dismiss all charges because "he was physically located in Russia when the offenses were committed" and thus "he can not be charged with violations of United States law." The district court denied his appeal following two trains of logic: "first, because the intended and actual detrimental effects of Ivanov's actions in Russia occurred within the United States, and second, because each of the statutes under which Ivanov was charged with a substantive offense was intended by congress to apply extraterritorially." The court argued that previous cases provided precedent for applying subject matter jurisdiction extraterritorially, so long as the "intended and detrimental effects" occurred within jurisdiction. The court cited United States v.
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Nanking Road, Shanghai, within the International Settlement. 1935 map of Shanghai. The Shanghai International Settlement () originated from the 1863 merger of the British and American enclaves in Shanghai, in which parts of the Qing Empire would hold extraterritorially under the terms of a series of Unequal Treaties, until 1941. The settlements were established following the defeat of the Qing army by the British in the First Opium War (18391842).
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Silverglate further contended that the indictment was invalid because the Espionage Act does not cover espionage conducted by a foreign citizen outside the United States. On January 29, 1985, U.S. District Judge David S. Nelson denied Zehe’s motion to dismiss the case, ruling that the Espionage Act could be applied extraterritorially to both citizens and noncitizens because of the threat to national security that espionage poses.United States v. Zehe, 601 F.Supp.
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He prosecuted nearly 100 Wall Street executives for insider trading and securities fraud using these methods. Bharara closed multi-million dollar settlements with the four largest banks in the country, and most notably, shut down multiple high-profile hedge funds. Known for his technocratic approach to prosecution, he routinely convicted both Democratic and Republican politicians on public corruption violations. Bharara occasionally pursued criminals extraterritorially, which after a 2013 Russian money laundering investigation, had him permanently banned from entering Russia.
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The High Court rendered its judgment on 9 January 1998. It accepted the appellant's assertion that Article 73(a) was an empowering provision. Hence since section 6(3) of the RSIA had clearly and unambiguously excluded Article 73(a) of the Malaysian Constitution from applying in Singapore following its independence from Malaysia, Parliament had disempowered itself from legislating extraterritorially. Applying this to the case, the Court held that Parliament had no legislative power to enact section 37(1) of the PCA.
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In July 1948, Patenotre and his mother were indicted by a Federal Grand Jury for tax evasion stemming from the sale of The Philadelphia Inquirer. Patenotre's mother was accused of having lied about giving her majority share in the newspaper to her son so that it could be sold 'extraterritorially' thus avoiding the tax liability on the grounds that he was a French national.No Byline. "Tax Suit for $2,836,961, Widow of French Ex-Ambassador Sued by U.S. Government." New York Times 19 February 1949: A8. Print.
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The Convention on the Recovery Abroad of Maintenance is a 1956 United Nations treaty which allows individuals to enforce judicial decisions regarding child support and alimony extraterritorially. It can be used only if the person seeking maintenance and the person paying maintenance are both resident in states that have ratified the Convention. The Convention was concluded on 20 June 1956 at the United Nations Conference on Maintenance Obligations, held at UN headquarters in New York from 29 May to 20 June. It was signed by 24 and entered into force on 25 May 1957.
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Justice Kennedy separately wrote a one-paragraph concurrence noting that the presumption against extraterritorial application "may require some further elaboration and explanation." Justice Alito, joined by Justice Thomas, agreed that the statute does not apply extraterritorially and argued that it should be read to apply to only the international law violations that had been identified by William Blackstone in 1769: violation of safe conducts, infringement of the rights of ambassadors, and piracy.133 S. Ct. 1659, 1670, (Alito, J., concurring). Justice Breyer, joined by Justices Ginsburg, Sotomayor and Kagan, concurred with the judgment but rejected the Court's reasoning.
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Following the High Court's decision, the Attorney-General, in his capacity as the Public Prosecutor, applied pursuant to section 60 of the Supreme Court of Judicature Act. for a criminal reference for two questions of law to be considered by the Court of Appeal. The questions were: #whether section 37(1) of the PCA was ultra vires the powers of the legislature on the ground that the legislature had, under section 6(3) of the RSIA, been divested of the power to legislate extraterritorially; and #whether section 37(1) of the PCA was discriminatory against Singapore citizens and hence inconsistent with Article 12(1) of the Constitution.
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Lars and Edith Ernster, Jacob Steiner, and many others were housed at the Swedish Embassy in Budapest on Üllői Street 2-4 and 32 other buildings throughout the city which Wallenberg had rented and declared as extraterritorially Swedish to try to safeguard the residents. Italian Giorgio Perlasca did the same, sheltering Jews in the Spanish Embassy. On the night of 8 January 1945, an Arrow Cross execution brigade forced all the inhabitants of the building on Vadasz Street to the banks of the Danube. At midnight, Karoly Szabo and 20 policemen with drawn bayonets broke into the Arrow Cross house and rescued everyone (see also front page of 1947 newspaper below).
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Justice Scalia dissented, joined in part by Justices O'Connor, Kennedy, and Thomas. Scalia acknowledged that the federal courts had jurisdiction over this case, and that the Sherman Act could be applied extraterritorially, so long as the foreign acts complained of were directed into the United States. Nevertheless, Scalia contended that the actions of the U.S. courts showed a lack of judicial respect for the comprehensive regulatory scheme enacted by the UK. Although Congress may have intended the Sherman Act to apply to acts originating abroad, it was unreasonable to assume that Congress intended to apply the antitrust laws where they would be disruptive of another country's legislative scheme.
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Since its enactment in 1986, the MDLEA has been scrutinised for its statutory language making it difficult to determine whether Congress has constitutional authority to extend prosecutions to foreign nationals operating on land in a foreign nation. Through the MDLEA, the Constitution allows Congress the capacity to prosecute drug trafficking individuals operating on the high seas. In executing this provision United States Congress intended the legislation to be expansive spanning to acts carried out outside the United States jurisdiction and territorial boundaries. However, the United States courts of appeals are divided on whether a nexus to the United States is necessary when utilising the MDLEA extraterritorially.
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L'anza, which held that the first-sale doctrine was a defense to an infringement claim based on unauthorized importation of copyrighted materials made within the United States.Omega, 541 F.3d at 987. The court noted that the first-sale doctrine only covered the resale of copies obtained lawfully, and declined to apply the Copyright Act extraterritorially and ascribe lawfulness to copies made outside of the United States. Because the Omega watches at issue were made outside of the United States, the court held that the first- sale doctrine could not act as a defense and that Costco was liable for infringing Omega's importation rights.
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Costco involved this exact unresolved issue, where the defendant Costco obtained authentic Omega watches, which feature a copyrighted design on the back of the watches, through the gray market and resold them in its stores in the US. Omega manufactured these watches outside the US and did not authorize their importation into the US. Based on the Quality King case, the 9th Circuit held that "application of first-sale doctrine to foreign-made copies would impermissibly apply" the Copyright Act extraterritorially. However, the court stated that first-sale doctrine might still apply to a foreign manufactured copy if it was imported "with the authority of the U.S. copyright owner". The Supreme Court granted certiorari to Omega v. Costco, and affirmed 4–4.
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Kingston upon Thames (spelled with hyphens until 1965, and generally known locally as Kingston) is a town, former manor, ecclesiastical parish and borough now within Greater London, England, formerly within the county of Surrey. It is situated on the River Thames, about above sea level and southwest of Charing Cross (deemed the geographical centre of London). It is notable as the ancient market town in which Saxon kings were crowned and today is the administrative centre of the Royal Borough of Kingston upon Thames. The large historic parish of Kingston became absorbed in modern times into the Municipal Borough of Kingston-upon-Thames, reformed in 1835 and from 1893 has been the location of Surrey County Hall, extraterritorially in terms of local government administration.
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The policing of transnational and international crimes is a challenge to state- based law enforcement agencies, as jurisdiction restricts the direct intervention a state's agencies can legally take in another state's jurisdiction, with even basic law enforcement activities such as arrest and detention "tantamount to abduction" when carried out extraterritorially. These explicit limits on extraterritorial law enforcement operations has therefore instead encouraged co-operation between law enforcement agencies of sovereign states, forming supranational agencies such as Interpol to encourage co- operation, and placing additional obligations on the state such as aut dedere aut judicare ("extradite or prosecute") to compel prosecution of certain types of transnational crime, including hijacking of civilian aircraft, taking of civilian hostages, and other acts of terrorism, as well as crimes against diplomats and other "internationally protected persons".
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Hospitals and/or doctors in some countries may be unable to pay the financial damages awarded by a court to a patient who has sued them, owing to the hospital and/or the doctor not possessing appropriate insurance cover and/or medical indemnity. Issues can also arise for patients who seek out services that are illegal in their home country. In this case, some countries have the jurisdiction to prosecute their citizen once they have returned home, or in extreme cases extraterritorially arrest and prosecute. In Ireland, especially, in the 1980s-90s there were cases of young rape victims who were banned from traveling to Europe to get legal abortions. Ultimately, Ireland’s Supreme Court overturned the ban; they and many other countries have since created "right to travel" amendments.
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Multinational corporations may be subject to the laws and regulations of both their domicile and the additional jurisdictions where they are engaged in business. In some cases, the jurisdiction can help to avoid burdensome laws, but regulatory statutes often target the "enterprise" with statutory language around "control". As of 1992, the United States and most OECD countries have legal authority to tax a domiciled parent corporation on its worldwide revenue, including subsidiaries; as of 2019, the US applies its corporate taxation "extraterritorially", which has motivated tax inversions to change the home state. By 2019, most OECD nations, with the notable exception of the US, had moved to territorial tax in which only revenue inside the border was taxed; however, these nations typically scrutinize foreign income with controlled foreign corporation (CFC) rules to avoid base erosion and profit shifting.
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The matter subsequently reached the Court of Appeal when the Public Prosecutor applied for a criminal reference for two questions to be considered. The questions were: #whether section 37(1) of the ("PCA") was ultra vires the powers of the legislature on the ground that the legislature had, under section 6(3) of the , been divested of the power to legislate extraterritorially; and #whether section 37(1) of the PCA was discriminatory against Singapore citizens and hence inconsistent with Article 12(1) of the (now the ). In answering both questions in the negative, the Court of Appeal overturned the High Court's finding that the statute was unconstitutional. The Court of Appeal further clarified Singapore's stance on legislative plenary power and expounded upon Article 12(1) of the Constitution, explaining that the promise of equality does not mean that all persons are to be treated equally, but simply that all persons in like situations will be treated alike.
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