38 U.S.C. § 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 must 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 must 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 .— despite any other provision of this subchapter, an employer, or an entity controlled by an employer, must 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.