In respect to offenses committed against foreign officials, internationally protected persons, and official guests within the United States, United States Attorneys may ordinarily initiate prosecution without consultation with the Criminal Division. But see JM 9-65.810, where there is a disagreement between Federal and state/local law enforcement authorities as to who should exercise prosecutive jurisdiction. However, because of the unique foreign policy considerations relating to the diplomatic relationship between the United States and Taiwan, all offenses against members of Taiwan's Taipei Economic and Cultural Representative Office (TECRO) in the United States should, absent emergency circumstances, be brought to the attention of the Criminal Division prior to Federal arrest and should, in all cases, be brought to the attention of the Criminal Division prior to indictment.

In cases involving offenses against internationally protected persons committed abroad, legal issues concerning the exercise of extraterritorial jurisdiction, the extraterritorial scope of the statutes, foreign policy considerations, the procurement of witnesses and costs may be involved. Therefore, in cases involving the assertion of extraterritorial jurisdiction under any of these statutes, it is mandatory that Federal prosecutors seek approval from the Criminal Division prior to the initiation of any proposed investigation or prosecution. See JM 9-2.136.

[updated April 2018]