48 U.S.C. § 1934 | Jurisdiction

(a)

Maritime and territorial jurisdiction

With respect to section 321 of the Compact of Free Association and its related agreements, the jurisdictional provisions set forth in subsection (b) of this section shall apply only to the citizens and nationals of the United States and aliens lawfully admitted to the United States for permanent residence who are in Palau.

(b)

Defense sites

The defense sites of the United States established in Palau in accordance with the Compact of Free Association and its related agreements are within the special maritime and territorial jurisdiction of the United States as set forth in section 7, title 18.

(c)

Offenses

(1)

Any person referred to in subsection (a) of this section who within or upon such defense sites is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the territory of Guam by the laws thereof, in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.

(2)

The District Court of Guam shall have jurisdiction to try all criminal offenses against the United States, including the laws of Guam made applicable to the defense sites in Palau by virtue of subsection (c)(1) of this section, committed by any person referred to in subsection (a) of this section.

(3)

1 See References in Text note below.

The District Court of Guam may appoint one or more magistrate judges for the defense sites in Palau. Such Magistrate Judges shall have the power and the status of Magistrate Judges appointed pursuant to chapter 43, title 28: Provided however, That such Magistrate Judges shall have the power to try persons accused of, and sentence persons convicted of, petty offenses, as defined in section 1(3), title 18, including violations of regulations for the maintenance of peace, order, and health issued by the Commanding Officer on such defense sites, without being subject to the restrictions provided for in section 3401(b), title 18.

Pub. L. 99–658, title II, § 202Nov. 14, 1986100 Stat. 3704 Pub. L. 101–650, title III, § 321Dec. 1, 1990104 Stat. 5117(, , ; , , .)

Editorial Notes

References in Text

section 201 of Pub. L. 99–658 section 1931 of this titleThe Compact of Free Association, referred to in subsecs. (a) and (b), is the Compact of Free Association between the United States and the Government of Palau, which is contained in , set out as a note under .

Section 1 of title 18 Pub. L. 98–473, title II, § 218(a)(1)Oct. 12, 198498 Stat. 2027, referred to in subsec. (c)(3), was repealed by , , .

Codification

section 1681 of this titleSection was formerly set out as a note under .

Pub. L. 99–658 Pub. L. 99–658Section was enacted as part of title II of , not as part of title I of which comprises this part.

Statutory Notes and Related Subsidiaries

Change of Name

section 321 of Pub. L. 101–650 section 631 of Title 28Words “magistrate judges” and “Magistrate Judges” substituted for “magistrates” and “Magistrates”, respectively, wherever appearing in subsec. (c)(3) pursuant to , set out as a note under , Judiciary and Judicial Procedure.