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Delivery Agreement
Marine Corps is desired for trial in federal district court,  upon  proper  representation  by  the  Department of  Justice  to  the  SECNAV  (JAG),  return  the  member to the United States. This transfer is at the expense of the  DON.  The  member  will  be  held  at  a  military facility convenient to the DON and to the Department of Justice. Delivery may be done as set forth in JAG- MAN,  section  0608,  subject  to  the  exceptions  in  JAG- MAN, section 0610. DELIVERY AGREEMENTS In each case where a member is to be delivered to civil authorities for trial, you need to be familiar with the procedures involved in delivering that person to state,  federal,  or  foreign  authorities.  You  also  need  to be familiar with the circumstances under which deliv- ery may be refused. Let us now look at these proce- dures in more detail. DELIVERY TO STATE AUTHORITIES When  delivry  of  any  member  of  the  Navy  or Marine Corps to the civilian authorities of a state is authorized,  the  member’s  CO  must,  before  making delivery, obtain from the governor or other authorized officer of the state a written agreement that conforms to the agreement shown in figure 10-2. The  state  official  completing  the  agreement  must show that he or she is authorized to bind the state to the terms of the agreement. When indicating in the agreement  the  Navy  or  Marine  Corps  activity  to which the member delivered is to be returned by the state, be careful to designate the closest activity (to the command that the member is attached) that has special  court-martial  jurisdiction. The DON considers this agreement complied with when ( 1 ) the member is furnished transportation (un- der  escort  in  case  of  delivery  under  JAGMAN,  section 0613) to a Navy or Marine Corps activity as stated in the agreement; (2) the member is provided cash to cover incidental expenses en route; and (3) the DON is so informed. Any departure from the agreement must have prior approval from JAG. As soon as pos- sible,  send  a  copy  of  the  delivery  agreement  to  JAG. When  personnel  are  delivered  under  the  Interstate Agreement on Detainers Act, special forms that are not  contained  in  the  JAGMAN  are  used.  The  Detain- ers  Act  is  infrequently  used  and  most  requests  for delivery are pursuant to Article 14, UCMJ. See the JAGMAN for a detailed discussion of the Interstate Agreement on Detainers Act and Title 18,  U.S.  Code, for  the  special  forms  required. DELIVERY OF PERSONNEL TO FEDERAL  AUTHORITIES When federal law enforcement authorities display proper credentials and federal warrants for the arrest of service members, civilian employees, civilian con- tractors  and  their  employees,  or  dependents  residing at or located on a DON installation, CO’s are autho- rized  to  and  should  allow  the  arrest  of  the  individual sought. The exceptions in the JAGMAN may be ap- plied to service members. You should consult with a judge advocate of the Navy or Marine Corps before the delivery is carried out. The agreement shown in figure 10-2 is not a con- dition precedent to the delivery of service members to federal  law  enforcement  authorities.  Regardless  of whether the member is convicted or acquitted, the member will be returned to the naval service (pro- vided naval authorities desire his or her return) and the necessary expenses will be paid from an appro- priation under the control of the Department of Jus- tice. DELIVERY OF PERSONNEL TO FOREIGN  AUTHORITIES Except when delivery is provided for by agree- ment  between  the  United  States  and  the  foreign  gov- ernment concerned, COs are not authorized to deliver service members or civilian employees of the DON, or their dependents residing at or located on a Navy or Marine  Corps  installation,  to  foreign  authorities. When a request for delivery of these persons is re- ceived  in  a  country  that  the  United  States  has  no agreement with or when the CO is in doubt, advice should  be  sought  from  JAG.  Detailed  information  on the delivery of service members, civilian employees, and dependents to foreign authorities when a status of forces  agreement  is  in  effect  is  contained  in  SEC- NAVINST  5820.9.  In  addition,  units  that  are  de- ployed  overseas  should  check  their   Deployment Manual for  specific  guidance  on  delivery  of  personnel in the areas that the deployed unit will be visiting. CIRCUMSTANCES  IN  WHICH DELIVERY  IS  REFUSED There  are  situations  in  which  delivery  of  person- nel may be refused or that require specific approval by higher authorities before delivery may be done. Some 10-4

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