Lamar Smith: “Let me try again to address some of the concerns of two of my colleagues on the Judiciary Committee. I want to…”

“Let me try again to address some of the concerns of two of my colleagues on the Judiciary Committee. I want to reemphasize that extraterritorial laws do not require that the conduct be illegal in foreign countries. Congress has enacted numerous laws with extraterritorial effect. Our decision to do so rarely, if ever, hinges on whether the conduct is also criminalized in the foreign country. Once again, terrorism, drug-related money laundering, genocide, child soldiers--these are all extraterritorial offenses that do not require that the conduct also be against the law in a foreign country. Moreover, most extraterritorial statutes don't even require that the criminal engage in any illegal conduct inside the United States either. If they engage in terrorism or money laundering or genocide in a foreign country and simply come into the U.S., they can be prosecuted. The issue of conduct being criminal in a foreign country is not addressed in extraterritorial laws but in extradition treaties. Also, extradition treaties do not require that conduct be illegal in foreign countries. Before the U.S. can extradite anyone for violation of U.S. law, it must first establish ``dual criminality'' as required by most extradition treaties. Dual criminality is the principle that a crime in one country has to be a crime in a country extraditing you.…”