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U.S. Code as of:
01/19/04
Section 1119. Foreign murder of United States nationals
(a) Definition. - In this section, "national of the United
States" has the meaning stated in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
(b) Offense. - A person who, being a national of the United
States, kills or attempts to kill a national of the United States
while such national is outside the United States but within the
jurisdiction of another country shall be punished as provided under
sections 1111, 1112, and 1113.
(c) Limitations on Prosecution. - (1) No prosecution may be
instituted against any person under this section except upon the
written approval of the Attorney General, the Deputy Attorney
General, or an Assistant Attorney General, which function of
approving prosecutions may not be delegated. No prosecution shall
be approved if prosecution has been previously undertaken by a
foreign country for the same conduct.
(2) No prosecution shall be approved under this section unless
the Attorney General, in consultation with the Secretary of State,
determines that the conduct took place in a country in which the
person is no longer present, and the country lacks the ability to
lawfully secure the person's return. A determination by the
Attorney General under this paragraph is not subject to judicial
review.
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