18 U.S.C. § 3273 — Offenses committed by certain United States personnel stationed in Canada in furtherance of border security initiatives

(a) In General.— Whoever, while employed by the Department of Homeland Security or the Department of Justice and stationed or deployed in Canada pursuant to a treaty, executive agreement, or bilateral memorandum in furtherance of a border security initiative, engages in conduct (or conspires or attempts to engage in conduct) in Canada that would constitute an offense for which a person may be prosecuted in a court of the United States had the conduct been engaged in within the United States or within the special maritime and territorial jurisdiction of the United States shall be fined or imprisoned, or both, as provided for that offense. (b) Definition.— In this section, the term “employed by the Department of Homeland Security or the Department of Justice ” means— (1) being employed as a civilian employee, a contractor (including a subcontractor at any tier), or an employee of a contractor (or a subcontractor at any tier) of the Department of Homeland Security or the Department of Justice ; (2) being present or residing in Canada in connection with such employment; and (3) not being a national of or ordinarily resident in Canada. (Added Pub. L. 114–316, § 2(a)(2) , Dec. 16, 2016 , 130 Stat. 1593 .) Statutory Notes and Related Subsidiaries Rule of Construction Pub. L. 114–316, § 2(c) , Dec. 16, 2016 , 130 Stat. 1594 , provided that: “Nothing in this section [enacting this section] or the amendments made by this section shall be construed to infringe upon or otherwise affect the exercise of prosecutorial discretion by the Department of Justice in implementing this section and the amendments made by this section.”

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