
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC4319]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
    CHAPTER 43--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE 
                           UNIFORMED SERVICES
 
   SUBCHAPTER II--EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS; 
                              PROHIBITIONS
 
Sec. 4319. Employment and reemployment rights in foreign 
        countries
        
    (a) Liability of Controlling United States Employer of Foreign 
Entity.--If an employer controls an entity that is incorporated or 
otherwise organized in a foreign country, any denial of employment, 
reemployment, or benefit by such entity shall be presumed to be by such 
employer.
    (b) Inapplicability to Foreign Employer.--This subchapter does not 
apply to foreign operations of an employer that is a foreign person not 
controlled by an United States employer.
    (c) Determination of Controlling Employer.--For the purpose of this 
section, the determination of whether an employer controls an entity 
shall be based upon the interrelations of operations, common management, 
centralized control of labor relations, and common ownership or 
financial control of the employer and the entity.
    (d) Exemption.--Notwithstanding any other provision of this 
subchapter, an employer, or an entity controlled by an employer, shall 
be exempt from compliance with any of sections 4311 through 4318 of this 
title with respect to an employee in a workplace in a foreign country, 
if compliance with that section would cause such employer, or such 
entity controlled by an employer, to violate the law of the foreign 
country in which the workplace is located.

(Added Pub. L. 105-368, title II, Sec. 212(b)(1), Nov. 11, 1998, 112 
Stat. 3331.)


                             Effective Date

    Section applicable only with respect to causes of action arising 
after Nov. 11, 1998, see section 212(c) of Pub. L. 105-368, set out as 
an Effective Date of 1998 Amendment note under section 4303 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 4303 of this title.
