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3#
发表于 2013-4-28 10:14
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The home country’s jurisdiction doesn’t apply to this guy when he’s working in the US, so basically no. It is certainly true if the person is a legal resident of the US that will never return to the home country.
The person is not required to dissociate themselves under these circumstances, but if their actions can be prosecuted on return to the home country, it may be prudent to do so.
There are certain things that are uncertain here. For example, if you smoke pot in Amsterdam, you are technically in violation of the US Controlled Substances Act, even though the US has no jurisdiction over you and it is legal over there. But you may be (under some interpretations that have - as far as I know - never been tested) liable for prosecution when you return to the US. My understanding is that this is actually designed so that drug traffickers can be prosecuted in the US for transport activities abroad, but there is a legal loophole that potentially allows it to be applied to casual users as well.
In reality, you will unlikely have a question this nuanced on the exam, and presumably if this is a dictatorship and has some pretty unreasonable laws that you would be prosecuted for on your return 1) the CFAI would have a hearing process to address reasonableness, and 2) your company would hopefully respect the danger they are putting you in when they request that you do something that is both illegal at home and which you would be liable for should you return. |
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