Extraterritorial Application of American Criminal Law: An Abbreviated Sketch [February 15, 2012] [open pdf - 212KB]
From the Document: "Crime is usually territorial. It is a matter of the law of the place where it occurs. Nevertheless, a number of American criminal laws apply outside of the United States. Application is generally a question of legislative intent, expressed or implied. In either case, it most often involves crimes committed aboard a ship or airplane, crimes condemned by international treaty, crimes committed against government employees or property, or crimes that have an impact in this country even if planned or committed in part elsewhere. Although the crimes over which the United States has extraterritorial jurisdiction may be many, so are the obstacles to their enforcement. For both practical and diplomatic reasons, criminal investigations within another country require the acquiescence, consent, or preferably the assistance, of the authorities of the host country. The United States has mutual legal assistance treaties with several countries designed to formalize such cooperative law enforcement assistance. Searches and interrogations carried out on our behalf by foreign officials, certainly if they involve Americans, must be conducted within the confines of the Fourth and Fifth Amendments. And the Sixth Amendment imposes limits upon the use in American criminal trials of depositions taken abroad. [...] This is an abridged version of a report, which with citations, footnotes, appendices, and bibliography appears as CRS [Congressional Research Service] Report 94-166, 'Extraterritorial Application of American Criminal Law,' by Charles Doyle."
CRS Report for Congress, RS22497