[USC02] 18 USC Ch. 209: EXTRADITION
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18 USC Ch. 209: EXTRADITION
From Title 18—CRIMES AND CRIMINAL PROCEDUREPART II—CRIMINAL PROCEDURE

CHAPTER 209—EXTRADITION

Sec.
3181.
Scope and limitation of chapter.
3182.
Fugitives from State or Territory to State, District, or Territory.
3183.
Fugitives from State, Territory, or Possession into extraterritorial jurisdiction of United States.
3184.
Fugitives from foreign country to United States.
3185.
Fugitives from country under control of United States into the United States.
3186.
Secretary of State to surrender fugitive.
3187.
Provisional arrest and detention within extraterritorial jurisdiction.
3188.
Time of commitment pending extradition.
3189.
Place and character of hearing.
3190.
Evidence on hearing.
3191.
Witnesses for indigent fugitives.
3192.
Protection of accused.
3193.
Receiving agent's authority over offenders.
3194.
Transportation of fugitive by receiving agent.
3195.
Payment of fees and costs.
3196.
Extradition of United States citizens.

        

Amendments

1996Pub. L. 104–294, title VI, §601(f)(9), (10), Oct. 11, 1996, 110 Stat. 3500, inserted comma after "District" in item 3182 and after "Territory" in item 3183.

1990Pub. L. 101–623, §11(b), Nov. 21, 1990, 104 Stat. 3356, added item 3196.

§3181. Scope and limitation of chapter

(a) The provisions of this chapter relating to the surrender of persons who have committed crimes in foreign countries shall continue in force only during the existence of any treaty of extradition with such foreign government.

(b) The provisions of this chapter shall be construed to permit, in the exercise of comity, the surrender of persons, other than citizens, nationals, or permanent residents of the United States, who have committed crimes of violence against nationals of the United States in foreign countries without regard to the existence of any treaty of extradition with such foreign government if the Attorney General certifies, in writing, that—

(1) evidence has been presented by the foreign government that indicates that had the offenses been committed in the United States, they would constitute crimes of violence as defined under section 16 of this title; and

(2) the offenses charged are not of a political nature.


(c) As used in this section, the term "national of the United States" has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

(June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 104–132, title IV, §443(a), Apr. 24, 1996, 110 Stat. 1280.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §658 (R.S. §5274).

Minor changes were made in phraseology.

Amendments

1996Pub. L. 104–132 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

Extradition Treaties Interpretation

Pub. L. 105–323, title II, Oct. 30, 1998, 112 Stat. 3033, provided that:

"SEC. 201. SHORT TITLE.

"This title may be cited as the 'Extradition Treaties Interpretation Act of 1998'.

"SEC. 202. FINDINGS.

"Congress finds that—

"(1) each year, several hundred children are kidnapped by a parent in violation of law, court order, or legally binding agreement and brought to, or taken from, the United States;

"(2) until the mid-1970's, parental abduction generally was not considered a criminal offense in the United States;

"(3) since the mid-1970's, United States criminal law has evolved such that parental abduction is now a criminal offense in each of the 50 States and the District of Columbia;

"(4) in enacting the International Parental Kidnapping Crime Act of 1993 (Public Law 103–173; 107 Stat. 1998; 18 U.S.C. 1204), Congress recognized the need to combat parental abduction by making the act of international parental kidnapping a Federal criminal offense;

"(5) many of the extradition treaties to which the United States is a party specifically list the offenses that are extraditable and use the word 'kidnapping', but it has been the practice of the United States not to consider the term to include parental abduction because these treaties were negotiated by the United States prior to the development in United States criminal law described in paragraphs (3) and (4);

"(6) the more modern extradition treaties to which the United States is a party contain dual criminality provisions, which provide for extradition where both parties make the offense a felony, and therefore it is the practice of the United States to consider such treaties to include parental abduction if the other foreign state party also considers the act of parental abduction to be a criminal offense; and

"(7) this circumstance has resulted in a disparity in United States extradition law which should be rectified to better protect the interests of children and their parents.

"SEC. 203. INTERPRETATION OF EXTRADITION TREATIES.

"For purposes of any extradition treaty to which the United States is a party, Congress authorizes the interpretation of the terms 'kidnaping' and 'kidnapping' to include parental kidnapping."

Judicial Assistance to International Tribunal for Yugoslavia and International Tribunal for Rwanda

Pub. L. 104–106, div. A, title XIII, §1342, Feb. 10, 1996, 110 Stat. 486, as amended by Pub. L. 111–117, div. F, title VII, §7034(t), Dec. 16, 2009, 123 Stat. 3364, provided that:

"(a) Surrender of Persons.—

"(1) Application of united states extradition laws.—Except as provided in paragraphs (2) and (3), the provisions of chapter 209 of title 18, United States Code, relating to the extradition of persons to a foreign country pursuant to a treaty or convention for extradition between the United States and a foreign government, shall apply in the same manner and extent to the surrender of persons, including United States citizens, to—

"(A) the International Tribunal for Yugoslavia, pursuant to the Agreement Between the United States and the International Tribunal for Yugoslavia; and

"(B) the International Tribunal for Rwanda, pursuant to the Agreement Between the United States and the International Tribunal for Rwanda.

"(2) Evidence on hearings.—For purposes of applying section 3190 of title 18, United States Code, in accordance with paragraph (1), the certification referred to in that section may be made by the principal diplomatic or consular officer of the United States resident in such foreign countries where the International Tribunal for Yugoslavia or the International Tribunal for Rwanda may be permanently or temporarily situated.

"(3) Payment of fees and costs.—(A) The provisions of the Agreement Between the United States and the International Tribunal for Yugoslavia and of the Agreement Between the United States and the International Tribunal for Rwanda shall apply in lieu of the provisions of section 3195 of title 18, United States Code, with respect to the payment of expenses arising from the surrender by the United States of a person to the International Tribunal for Yugoslavia or the International Tribunal for Rwanda, respectively, or from any proceedings in the United States relating to such surrender.

"(B) The authority of subparagraph (A) may be exercised only to the extent and in the amounts provided in advance in appropriations Acts.

"(4) Nonapplicability of the federal rules.—The Federal Rules of Evidence [set out in the Appendix to Title 28, Judiciary and Judicial Procedure] and the Federal Rules of Criminal Procedure [set out in the Appendix to this title] do not apply to proceedings for the surrender of persons to the International Tribunal for Yugoslavia or the International Tribunal for Rwanda.

"(b) Assistance to Foreign and International Tribunals and to Litigants Before Such Tribunals.—[Amended section 1782 of Title 28, Judiciary and Judicial Procedure.]

"(c) Definitions.—For purposes of this section:

"(1) International tribunal for yugoslavia.—The term 'International Tribunal for Yugoslavia' means the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law in the Territory of the Former Yugoslavia, as established by United Nations Security Council Resolution 827 of May 25, 1993.

"(2) International tribunal for rwanda.—The term 'International Tribunal for Rwanda' means the International Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighboring States, as established by United Nations Security Council Resolution 955 of November 8, 1994.

"(3) Agreement between the united states and the international tribunal for yugoslavia.—The term 'Agreement Between the United States and the International Tribunal for Yugoslavia' means the Agreement on Surrender of Persons Between the Government of the United States and the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Law in the Territory of the Former Yugoslavia, signed at The Hague, October 5, 1994, as amended.

"(4) Agreement between the united states and the international tribunal for rwanda.—The term 'Agreement between the United States and the International Tribunal for Rwanda' means the Agreement on Surrender of Persons Between the Government of the United States and the International Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighboring States, signed at The Hague, January 24, 1995."

Extradition and Mutual Legal Assistance Treaties and Model Comprehensive Antidrug Laws

Pub. L. 100–690, title IV, §4605, Nov. 18, 1988, 102 Stat. 4290, which directed greater emphasis on updating of extradition treaties and on negotiating mutual legal assistance treaties with major drug producing and drug-transit countries, and called for development of model treaties and anti-narcotics legislation, was repealed by Pub. L. 102–583, §6(e)(1), Nov. 2, 1992, 106 Stat. 4933.

Pub. L. 100–204, title VIII, §803, Dec. 22, 1987, 101 Stat. 1397, provided that: "The Secretary of State shall ensure that the Country Plan for the United States diplomatic mission in each major illicit drug producing country and in each major drug-transit country (as those terms are defined in section 481(i) of the Foreign Assistance Act of 1961 [22 U.S.C. 2291(i)]) includes, as an objective to be pursued by the mission—

"(1) negotiating an updated extradition treaty which ensures that drug traffickers can be extradited to the United States, or

"(2) if an existing treaty provides for such extradition, taking such steps as may be necessary to ensure that the treaty is effectively implemented."

Pub. L. 99–93, title I, §133, Aug. 16, 1985, 99 Stat. 420, provided that: "The Secretary of State, with the assistance of the National Drug Enforcement Policy Board, shall increase United States efforts to negotiate updated extradition treaties relating to narcotics offenses with each major drug-producing country, particularly those in Latin America."

EXTRADITION AGREEMENTS

The United States currently has bilateral extradition agreements with the following countries:

 
CountryDate signedEntered into forceCitation
Albania Mar. 1, 1933 Nov. 14, 1935 49 Stat. 3313.
Antigua and Barbuda June 3, 1996 July 1, 1999 TIAS 99-701.1.
Argentina June 10, 1997 June 15, 2000 TIAS 12866.
Australia Dec. 22, 1931 Aug. 30, 1935 47 Stat. 2122.
  May 14, 1974 May 8, 1976 27 UST 957.
  Sept. 4, 1990 Dec. 21, 1992 1736 UNTS 344.
Austria Jan. 8, 1998 Jan. 1, 2000 TIAS 12916.
  July 20, 2005 Feb. 1, 2010 TIAS 10-201.2.
Bahamas Mar. 9, 1990 Sept. 22, 1994 TIAS.
Barbados Feb. 28, 1996 Mar. 3, 2000 TIAS 00-303.
Belgium Apr. 27, 1987 Sept. 1, 1997 TIAS 97-901.
  Dec. 16, 2004 Feb. 1, 2010 TIAS 10-201.
Belize Mar. 30, 2000 Mar. 27, 2001 TIAS 13089.
Bolivia June 27, 1995 Nov. 21, 1996 TIAS 96-112.
Brazil Jan. 13, 1961 Dec. 17, 1964 15 UST 2093.
  June 18, 1962 Dec. 17, 1964 15 UST 2112.
Bulgaria Mar. 19, 1924 June 24, 1924 43 Stat. 1886.
  June 8, 1934 Aug. 15, 1935 49 Stat. 3250.
  Sept. 19, 2007 May 21, 2009 TIAS 09-521.
Burma Dec. 22, 1931 Nov. 1, 1941 47 Stat. 2122.
Canada Dec. 3, 1971 Mar. 22, 1976 27 UST 983.
  June 28, July 9, 1974 Mar. 22, 1976 27 UST 1017.
  Jan. 11, 1988 Nov. 26, 1991 1853 UNTS 407.
  Jan. 12, 2001 Apr. 30, 2003 TIAS 03-430.
Chile Apr. 17, 1900 June 26, 1902 32 Stat. 1850.
Colombia Sept. 14, 1979 Mar. 4, 1982 TIAS.
Congo (Brazzaville) Jan. 6, 1909

Jan. 15, 1929

Apr. 23, 1936

July 27, 1911

May 19, 1929

Sept. 24, 1936

37 Stat. 1526.

46 Stat. 2276.

50 Stat. 1117.

Costa Rica Dec. 4, 1982 Oct. 11, 1991 TIAS.
Cuba Apr. 6, 1904 Mar. 2, 1905 33 Stat. 2265.
  Dec. 6, 1904 Mar. 2, 1905 33 Stat. 2273.
Jan. 14, 1926 June 18, 1926 44 Stat. 2392.
Cyprus June 17, 1996 Sept. 14, 1999 TIAS 99-914.
  Jan. 20, 2006 Feb. 1, 2010 TIAS 10-201.4.
Czech Republic 1 July 2, 1925

Apr. 29, 1935

Mar. 29, 1926

Aug. 28, 1935

44 Stat. 2367.

49 Stat. 3253.

  May 16, 2006 Feb. 1, 2010 TIAS 10-201.5.
Denmark June 22, 1972 July 31, 1974 25 UST 1293.
  June 23, 2005 Feb. 1, 2010 TIAS 10-201.6.
Dominica Oct. 10, 1996 May 25, 2000 TIAS 00-525.
Dominican Republic June 19, 1909 Aug. 2, 1910 36 Stat. 2468.
Ecuador June 28, 1872 Nov. 12, 1873 18 Stat. 199.
  Sept. 22, 1939 May 29, 1941 55 Stat. 1196.
Egypt Aug. 11, 1874 Apr. 22, 1875 19 Stat. 572.
El Salvador Apr. 18, 1911 July 10, 1911 37 Stat. 1516.
Estonia Nov. 8, 1923 Nov. 15, 1924 43 Stat. 1849.
  Oct. 10, 1934 May 7, 1935 49 Stat. 3190.
  Feb. 8, 2006 Apr. 7, 2009 TIAS 09-407.
European Union June 25, 2003 Feb. 1, 2010 TIAS 10-201.
Fiji Dec. 22, 1931 June 24, 1935 47 Stat. 2122.
  July 14, 1972, Aug. 17, 1973 Aug. 17, 1973 24 UST 1965.
Finland June 11, 1976 May 11, 1980 31 UST 944.
  Dec. 16, 2004 Feb. 1, 2010 TIAS 10-201.7.
France Apr. 23, 1996 Feb. 1, 2002 TIAS 02-201.
  Sept. 30, 2004 Feb. 1, 2010 TIAS 10-201.8.
Gambia Dec. 22, 1931 June 24, 1935 47 Stat. 2122.
Germany June 20, 1978 Aug. 29, 1980 32 UST 1485.
  Oct. 21, 1986 Mar. 11, 1993 1909 UNTS 441.
  Apr. 18, 2006 Feb. 1, 2010 TIAS 10-201.9
Ghana Dec. 22, 1931 June 24, 1935 47 Stat. 2122.
Greece May 6, 1931 Nov. 1, 1932 47 Stat. 2185.
  Sept. 2, 1937 Sept. 2, 1937 51 Stat. 357.
  Jan. 18, 2006 Feb. 1, 2010 TIAS 10-201.10.
Grenada May 30, 1996 Sept. 14, 1999 TIAS 99-914.1.
Guatemala Feb. 27, 1903 Aug. 15, 1903 33 Stat. 2147.
  Feb. 20, 1940 Mar. 13, 1941 55 Stat. 1097.
Guyana Dec. 22, 1931 June 24, 1935 47 Stat. 2122.
Haiti Aug. 9, 1904 June 28, 1905 34 Stat. 2858.
Honduras Jan. 15, 1909 July 10, 1912 37 Stat. 1616.
  Feb. 21, 1927 June 5, 1928 45 Stat. 2489.
Hong Kong Dec. 20, 1996 Jan. 21, 1998 TIAS 98-121.
Hungary Dec. 1, 1994 Mar. 18, 1997 TIAS 97-318.
  Nov. 15, 2005 Feb. 1, 2010 TIAS 10-201.11.
Iceland Jan. 6, 1902 May 16, 1902 32 Stat. 1096.
  Nov. 6, 1905 Feb. 19, 1906 34 Stat. 2887.
India June 25, 1997 July 21, 1999 TIAS 12873.
Iraq June 7, 1934 Apr. 23, 1936 49 Stat. 3380.
Ireland July 13, 1983 Dec. 15, 1984 TIAS 10813.
  July 14, 2005 Feb. 1, 2010 TIAS 10-201.12.
Israel Dec. 10, 1962 Dec. 5, 1963 14 UST 1707.2
  July 6, 2005 Jan. 10, 2007 TIAS 07-110.
Italy Oct. 13, 1983 Sept. 24, 1984 35 UST 3023.
  May 3, 2006 Feb. 1, 2010 TIAS 10-201.13.
Jamaica June 14, 1983 July 7, 1991 TIAS.
Japan Mar. 3, 1978 Mar. 26, 1980 31 UST 892.
Jordan Mar. 28, 1995 July 29, 1995 TIAS.
Kenya Dec. 22, 1931 June 24, 1935 47 Stat. 2122.
  May 14, Aug. 19, 1965 Aug. 19, 1965 16 UST 1866.
Kiribati June 8, 1972 Jan. 21, 1977 28 UST 227.
Latvia Oct. 16, 1923 Mar. 1, 1924 43 Stat. 1738.
  Oct. 10, 1934 Mar. 29, 1935 49 Stat. 3131.
  Dec. 7, 2005 Apr. 15, 2009 TIAS 09-415.
Lesotho Dec. 22, 1931 June 24, 1935 47 Stat. 2122.
Liberia Nov. 1, 1937 Nov. 21, 1939 54 Stat. 1733.
Liechtenstein May 20, 1936 June 28, 1937 50 Stat. 1337.
Lithuania Oct. 23, 2001 Mar. 31, 2003 TIAS 13166.
  June 15, 2005 Feb. 1, 2010 TIAS 10-201.14.
Luxembourg Oct. 1, 1996 Feb. 1, 2002 TIAS 12804.
  Feb. 1, 2005 Feb. 1, 2010 TIAS 10-201.15.
Malawi Dec. 22, 1931 June 24, 1935 47 Stat. 2122.
  Dec. 17, 1966, Jan. 6, Apr. 4, 1967 Apr. 4, 1967 18 UST 1822.
Malaysia Aug. 3, 1995 June 2, 1997 TIAS 97-602.
Malta Dec. 22, 1931 June 24, 1935 47 Stat. 2122.
  May 18, 2006 July 1, 2009 TIAS 09-701.
Marshall Islands Apr. 30, 2003 May 1, 2004 TIAS 04-501.2.
Mauritius Dec. 22, 1931 June 24, 1935 47 Stat. 2122.
Mexico May 4, 1978 Jan. 25, 1980 31 UST 5059.
  Nov. 13, 1997 May 21, 2001 TIAS 12897.
Micronesia, Federated States of May 14, 2003 June 25, 2004 TIAS 04-625.4.
Monaco Feb. 15, 1939 Mar. 28, 1940 54 Stat. 1780.
Nauru Dec. 22, 1931 Aug. 30, 1935 47 Stat. 2122.
Netherlands June 24, 1980 Sept. 15, 1983 35 UST 1334.
  Sept. 29, 2004 Feb. 1, 2010 TIAS 10-201.16.
New Zealand Jan. 12, 1970 Dec. 8, 1970 22 UST 1.
Nicaragua Mar. 1, 1905 July 14, 1907 35 Stat. 1869.
Nigeria Dec. 22, 1931 June 24, 1935 47 Stat. 2122.
Norway June 9, 1977 Mar. 7, 1980 31 UST 5619.
Pakistan Dec. 22, 1931 Mar. 9, 1942 47 Stat. 2122.
Panama May 25, 1904 May 8, 1905 34 Stat. 2851.
Papua New Guinea Dec. 22, 1931 Aug. 30, 1935 47 Stat. 2122.
  Feb. 2, 23, 1988 Feb. 23, 1988 TIAS.
Paraguay Nov. 9, 1998 Mar. 9, 2001 TIAS 12995.
Peru July 26, 2001 Aug. 25, 2003 TIAS 03-825.
Philippines Nov. 13, 1994 Nov. 22, 1996 TIAS 96-1122.
Poland July 10, 1996 Sept. 17, 1999 TIAS 99-917.
  June 9, 2006 Feb. 1, 2010 TIAS 10-201.17.
Portugal May 7, 1908 Nov. 14, 1908 35 Stat. 2071.
  July 14, 2005 Feb. 1, 2010 TIAS 10-201.18.
Romania July 23, 1924 Apr. 7, 1925 44 Stat. 2020.
  Nov. 10, 1936 July 27, 1937 50 Stat. 1349.
  Sept. 10, 2007 May 8, 2009 TIAS 09-508.
Saint Kitts and Nevis Sept. 18, 1996 Feb. 23, 2000 TIAS 12805.
Saint Lucia Apr. 18, 1996 Feb. 2, 2000 TIAS 00-202.
Saint Vincent and the Grenadines Aug. 15, 1996 Sept. 8, 1999 TIAS 99-908.
San Marino Jan. 10, 1906 July 8, 1908 35 Stat. 1971.
  Oct. 10, 1934 June 28, 1935 49 Stat. 3198.
Seychelles Dec. 22, 1931 June 24, 1935 47 Stat. 2122.
Sierra Leone Dec. 22, 1931 June 24, 1935 47 Stat. 2122.
Singapore Dec. 22, 1931 June 24, 1935 47 Stat. 2122.
  Apr. 23, June 10, 1969 June 10, 1969 20 UST 2764.
Slovakia 1 July 2, 1925

Apr. 29, 1935

Feb. 6, 2006

Mar. 29, 1926

Aug. 28, 1935

Feb. 1, 2010

44 Stat. 2367.

49 Stat. 3253.

TIAS 10-201.19.

Slovenia 1 Oct. 17, 2005 Feb. 1, 2010 TIAS 10-201.20.
Solomon Islands June 8, 1972 Jan. 21, 1977 28 UST 277.
South Africa Sept. 16, 1999 June 25, 2001 TIAS 13060.
South Korea June 9, 1998 Dec. 20, 1999 TIAS 12962.
Spain May 29, 1970 June 16, 1971 22 UST 737.
  Jan. 25, 1975 June 2, 1978 29 UST 2283.
  Feb. 9, 1988 July 2, 1993 TIAS.
  Mar. 12, 1996 July 25, 1999 TIAS.
  Dec. 17, 2004 Feb. 1, 2010 TIAS 10-201.21.
Sri Lanka Sept. 30, 1999 Jan. 12, 2001 TIAS 13066.
Suriname June 2, 1887 July 11, 1889 26 Stat. 1481.
  Jan. 18, 1904 Aug. 28, 1904 33 Stat. 2257.
Swaziland Dec. 22, 1931 June 24, 1935 47 Stat. 2122.
  May 13, July 28, 1970 July 28, 1970 21 UST 1930.
Sweden Oct. 24, 1961 Dec. 3, 1963 14 UST 1845.
  Mar. 14, 1983 Sept. 24, 1984 35 UST 2501.
  Dec. 16, 2004 Feb. 1, 2010 TIAS 10-201.22.
Switzerland Nov. 14, 1990 Sept. 10, 1997 TIAS 97-910.
Tanzania Dec. 22, 1931 June 24, 1935 47 Stat. 2122.
  Nov. 30, Dec. 6, 1965 Dec. 6, 1965 16 UST 2066.
Thailand Dec. 14, 1983 May 17, 1991 TIAS.
Tonga Dec. 22, 1931 Aug. 1, 1966 47 Stat. 2122.
  Mar. 14, Apr. 13, 1977 Apr. 13, 1977 28 UST 5290.
Trinidad and Tobago Mar. 4, 1996 Nov. 29, 1999 TIAS 99-1129.
Turkey June 7, 1979 Jan. 1, 1981 32 UST 3111.
Tuvalu June 8, 1972 Jan. 21, 1977 28 UST 227.
  Apr. 25, 1980 32 UST 1310.
United Kingdom Mar. 31, 2003

Dec. 16, 2004

Apr. 26, 2007

Feb. 1, 2010

TIAS 07-426.

TIAS 10-201.23.

Uruguay Apr. 6, 1973 Apr. 11, 1984 35 UST 3197.
Venezuela Jan. 19, 21, 1922 Apr. 14, 1923 43 Stat. 1698.
Yugoslavia 1 Oct. 25, 1901 June 12, 1902 32 Stat. 1890.
Zambia Dec. 22, 1931 June 24, 1935 47 Stat. 2122.
Zimbabwe July 25, 1997 Apr. 26, 2000 TIAS.

1 Status of agreements with successor states of Czechoslovakia and Yugoslavia is under review; inquire of the Treaty Office of the United States Department of State.

2 Typographical error corrected by diplomatic notes exchanged Apr. 4 and 11, 1967. See 18 UST 382, 383.

Convention on Extradition

The United States is a party to the Multilateral Convention on Extradition signed at Montevideo on Dec. 26, 1933, entered into force for the United States on Jan. 25, 1935. 49 Stat. 3111.

Other states which have become parties: Argentina, Chile, Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama.

§3182. Fugitives from State or Territory to State, District, or Territory

Whenever the executive authority of any State or Territory demands any person as a fugitive from justice, of the executive authority of any State, District, or Territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, the executive authority of the State, District, or Territory to which such person has fled shall cause him to be arrested and secured, and notify the executive authority making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear. If no such agent appears within thirty days from the time of the arrest, the prisoner may be discharged.

(June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 104–294, title VI, §601(f)(9), Oct. 11, 1996, 110 Stat. 3500.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §662 (R.S. §5278).

Last sentence as to costs and expenses to be paid by the demanding authority was incorporated in section 3195 of this title.

Word "District" was inserted twice to make section equally applicable to fugitives found in the District of Columbia.

"Thirty days" was substituted for "six months" since, in view of modern conditions, the smaller time is ample for the demanding authority to act.

Minor changes were made in phraseology.

Amendments

1996Pub. L. 104–294 inserted comma after "District" in section catchline and in two places in text.

§3183. Fugitives from State, Territory, or Possession into extraterritorial jurisdiction of United States

Whenever the executive authority of any State, Territory, District, or possession of the United States demands any American citizen or national as a fugitive from justice who has fled to a country in which the United States exercises extraterritorial jurisdiction, and produces a copy of an indictment found or an affidavit made before a magistrate of the demanding jurisdiction, charging the fugitive so demanded with having committed treason, felony, or other offense, certified as authentic by the Governor or chief magistrate of such demanding jurisdiction, or other person authorized to act, the officer or representative of the United States vested with judicial authority to whom the demand has been made shall cause such fugitive to be arrested and secured, and notify the executive authorities making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear.

If no such agent shall appear within three months from the time of the arrest, the prisoner may be discharged.

The agent who receives the fugitive into his custody shall be empowered to transport him to the jurisdiction from which he has fled.

(June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 107–273, div. B, title IV, §4004(d), Nov. 2, 2002, 116 Stat. 1812.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §662c (Mar. 22, 1934, ch. 73, §2, 48 Stat. 455).

Said section 662c was incorporated in this section and sections 752 and 3195 of this title.

Provision as to costs or expenses to be paid by the demanding authority were incorporated in section 3196 of this title.

Reference to the Philippine Islands was deleted as obsolete in view of the independence of the Commonwealth of the Philippines effective July 4, 1946.

The attention of Congress is directed to the probability that this section may be of little, if any, possible use in view of present world conditions.

Minor changes were made in phraseology.

Amendments

2002Pub. L. 107–273 struck out "or the Panama Canal Zone," after "possession of the United States" in first par.

§3184. Fugitives from foreign country to United States

Whenever there is a treaty or convention for extradition between the United States and any foreign government, or in cases arising under section 3181(b), any justice or judge of the United States, or any magistrate judge authorized so to do by a court of the United States, or any judge of a court of record of general jurisdiction of any State, may, upon complaint made under oath, charging any person found within his jurisdiction, with having committed within the jurisdiction of any such foreign government any of the crimes provided for by such treaty or convention, or provided for under section 3181(b), issue his warrant for the apprehension of the person so charged, that he may be brought before such justice, judge, or magistrate judge, to the end that the evidence of criminality may be heard and considered. Such complaint may be filed before and such warrant may be issued by a judge or magistrate judge of the United States District Court for the District of Columbia if the whereabouts within the United States of the person charged are not known or, if there is reason to believe the person will shortly enter the United States. If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or convention, or under section 3181(b), he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention; and he shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made.

(June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 90–578, title III, §301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 100–690, title VII, §7087, Nov. 18, 1988, 102 Stat. 4409; Pub. L. 101–647, title XVI, §1605, Nov. 29, 1990, 104 Stat. 4843; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 104–132, title IV, §443(b), Apr. 24, 1996, 110 Stat. 1281.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §651 (R.S. §5270; June 6, 1900, ch. 793, 31 Stat. 656).

Minor changes of phraseology were made.

Amendments

1996Pub. L. 104–132, in first sentence, inserted "or in cases arising under section 3181(b)," after "United States and any foreign government," and "or provided for under section 3181(b)," after "treaty or convention," and in third sentence, inserted "or under section 3181(b)," after "treaty or convention,".

1990Pub. L. 101–647 inserted "or, if there is reason to believe the person will shortly enter the United States" after "are not known" in second sentence.

1988Pub. L. 100–690 inserted after first sentence "Such complaint may be filed before and such warrant may be issued by a judge or magistrate of the United States District Court for the District of Columbia if the whereabouts within the United States of the person charged are not known."

1968Pub. L. 90–578 substituted "magistrate" for "commissioner" in two places.

Change of Name

Words "magistrate judge" substituted for "magistrate" wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

§3185. Fugitives from country under control of United States into the United States

Whenever any foreign country or territory, or any part thereof, is occupied by or under the control of the United States, any person who, having violated the criminal laws in force therein by the commission of any of the offenses enumerated below, departs or flees from justice therein to the United States, shall, when found therein, be liable to arrest and detention by the authorities of the United States, and on the written request or requisition of the military governor or other chief executive officer in control of such foreign country or territory shall be returned and surrendered as hereinafter provided to such authorities for trial under the laws in force in the place where such offense was committed.

(1) Murder and assault with intent to commit murder;

(2) Counterfeiting or altering money, or uttering or bringing into circulation counterfeit or altered money;

(3) Counterfeiting certificates or coupons of public indebtedness, bank notes, or other instruments of public credit, and the utterance or circulation of the same;

(4) Forgery or altering and uttering what is forged or altered;

(5) Embezzlement or criminal malversation of the public funds, committed by public officers, employees, or depositaries;

(6) Larceny or embezzlement of an amount not less than $100 in value;

(7) Robbery;

(8) Burglary, defined to be the breaking and entering by nighttime into the house of another person with intent to commit a felony therein;

(9) Breaking and entering the house or building of another, whether in the day or nighttime, with the intent to commit a felony therein;

(10) Entering, or breaking and entering the offices of the Government and public authorities, or the offices of banks, banking houses, savings banks, trust companies, insurance or other companies, with the intent to commit a felony therein;

(11) Perjury or the subornation of perjury;

(12) A felony under chapter 109A of this title;

(13) Arson;

(14) Piracy by the law of nations;

(15) Murder, assault with intent to kill, and manslaughter, committed on the high seas, on board a ship owned by or in control of citizens or residents of such foreign country or territory and not under the flag of the United States, or of some other government;

(16) Malicious destruction of or attempt to destroy railways, trams, vessels, bridges, dwellings, public edifices, or other buildings, when the act endangers human life.


This chapter, so far as applicable, shall govern proceedings authorized by this section. Such proceedings shall be had before a judge of the courts of the United States only, who shall hold such person on evidence establishing probable cause that he is guilty of the offense charged.

No return or surrender shall be made of any person charged with the commission of any offense of a political nature.

If so held, such person shall be returned and surrendered to the authorities in control of such foreign country or territory on the order of the Secretary of State of the United States, and such authorities shall secure to such a person a fair and impartial trial.

(June 25, 1948, ch. 645, 62 Stat. 823; May 24, 1949, ch. 139, §49, 63 Stat. 96; Pub. L. 99–646, §87(c)(6), Nov. 10, 1986, 100 Stat. 3623; Pub. L. 99–654, §3(a)(6), Nov. 14, 1986, 100 Stat. 3663.)

Historical and Revision Notes

1948 Act

Based on title 18, U.S.C., 1940 ed., §652 (R.S. §5270; June 6, 1900, ch. 793, 31 Stat. 656).

Reference to territory of the United States and the District of Columbia was omitted as covered by definitive section 5 of this title.

Changes were made in phraseology and arrangement.

1949 Act

This section [section 49] corrects typographical errors in section 3185 of title 18, U.S.C., by transferring to subdivision (3) the words, "indebtedness, bank notes, or other instruments of public", from subdivision (2) of such section where they had been erroneously included.

Amendments

1986—Par. (12). Pub. L. 99–646 and Pub. L. 99–654 amended par. (12) identically, substituting "A felony under chapter 109A of this title" for "Rape".

1949—Pars. (2), (3). Act May 24, 1949, transferred "indebtedness, bank notes, or other instruments of public" from par. (2) to par. (3).

Effective Date of 1986 Amendments

Amendments by Pub. L. 99–646 and Pub. L. 99–654 effective, respectively, 30 days after Nov. 10, 1986, and 30 days after Nov. 14, 1986, see section 87(e) of Pub. L. 99–646 and section 4 of Pub. L. 99–654, set out as an Effective Date note under section 2241 of this title.

§3186. Secretary of State to surrender fugitive

The Secretary of State may order the person committed under sections 3184 or 3185 of this title to be delivered to any authorized agent of such foreign government, to be tried for the offense of which charged.

Such agent may hold such person in custody, and take him to the territory of such foreign government, pursuant to such treaty.

A person so accused who escapes may be retaken in the same manner as any person accused of any offense.

(June 25, 1948, ch. 645, 62 Stat. 824.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §653 (R.S. §5272).

Changes were made in phraseology and surplusage was deleted.

§3187. Provisional arrest and detention within extraterritorial jurisdiction

The provisional arrest and detention of a fugitive, under sections 3042 and 3183 of this title, in advance of the presentation of formal proofs, may be obtained by telegraph upon the request of the authority competent to request the surrender of such fugitive addressed to the authority competent to grant such surrender. Such request shall be accompanied by an express statement that a warrant for the fugitive's arrest has been issued within the jurisdiction of the authority making such request charging the fugitive with the commission of the crime for which his extradition is sought to be obtained.

No person shall be held in custody under telegraphic request by virtue of this section for more than ninety days.

(June 25, 1948, ch. 645, 62 Stat. 824.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §662d (Mar. 22, 1934, ch. 73, §3, 48 Stat. 455).

Provision for expense to be borne by the demanding authority is incorporated in section 3195 of this title.

Changes were made in phraseology and arrangement.

§3188. Time of commitment pending extradition

Whenever any person who is committed for rendition to a foreign government to remain until delivered up in pursuance of a requisition, is not so delivered up and conveyed out of the United States within two calendar months after such commitment, over and above the time actually required to convey the prisoner from the jail to which he was committed, by the readiest way, out of the United States, any judge of the United States, or of any State, upon application made to him by or on behalf of the person so committed, and upon proof made to him that reasonable notice of the intention to make such application has been given to the Secretary of State, may order the person so committed to be discharged out of custody, unless sufficient cause is shown to such judge why such discharge ought not to be ordered.

(June 25, 1948, ch. 645, 62 Stat. 824.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §654 (R.S. §5273).

Changes in phraseology only were made.

§3189. Place and character of hearing

Hearings in cases of extradition under treaty stipulation or convention shall be held on land, publicly, and in a room or office easily accessible to the public.

(June 25, 1948, ch. 645, 62 Stat. 824.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §657 (Aug. 3, 1882, ch. 378, §1, 22 Stat. 215).

First word "All" was omitted as unnecessary.

§3190. Evidence on hearing

Depositions, warrants, or other papers or copies thereof offered in evidence upon the hearing of any extradition case shall be received and admitted as evidence on such hearing for all the purposes of such hearing if they shall be properly and legally authenticated so as to entitle them to be received for similar purposes by the tribunals of the foreign country from which the accused party shall have escaped, and the certificate of the principal diplomatic or consular officer of the United States resident in such foreign country shall be proof that the same, so offered, are authenticated in the manner required.

(June 25, 1948, ch. 645, 62 Stat. 824.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §655 (R.S. §5271; Aug. 3, 1882, ch. 378, §5, 22 Stat. 216).

Unnecessary words were deleted.

§3191. Witnesses for indigent fugitives

On the hearing of any case under a claim of extradition by a foreign government, upon affidavit being filed by the person charged setting forth that there are witnesses whose evidence is material to his defense, that he cannot safely go to trial without them, what he expects to prove by each of them, and that he is not possessed of sufficient means, and is actually unable to pay the fees of such witnesses, the judge or magistrate judge hearing the matter may order that such witnesses be subpenaed; and the costs incurred by the process, and the fees of witnesses, shall be paid in the same manner as in the case of witnesses subpenaed in behalf of the United States.

(June 25, 1948, ch. 645, 62 Stat. 825; Pub. L. 90–578, title III, §301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §656 (Aug. 3, 1882, ch. 378, §3, 22 Stat. 215).

Words "that similar" after "manner" were omitted as unnecessary.

Amendments

1968Pub. L. 90–578 substituted "magistrate" for "commissioner".

Change of Name

Words "magistrate judge" substituted for "magistrate" in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

§3192. Protection of accused

Whenever any person is delivered by any foreign government to an agent of the United States, for the purpose of being brought within the United States and tried for any offense of which he is duly accused, the President shall have power to take all necessary measures for the transportation and safekeeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such offenses, and for a reasonable time thereafter, and may employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protection of the accused.

(June 25, 1948, ch. 645, 62 Stat. 825.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §659 (R.S. §5275).

Words "crimes or" before "offenses" were omitted as unnecessary.

§3193. Receiving agent's authority over offenders

A duly appointed agent to receive, in behalf of the United States, the delivery, by a foreign government, of any person accused of crime committed within the United States, and to convey him to the place of his trial, shall have all the powers of a marshal of the United States, in the several districts through which it may be necessary for him to pass with such prisoner, so far as such power is requisite for the prisoner's safe-keeping.

(June 25, 1948, ch. 645, 62 Stat. 825.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §660 (R.S. §5276).

Words "jurisdiction of the" were omitted in view of the definition of United States in section 5 of this title.

Minor changes only were made in phraseology.

Ex. Ord. No. 11517. Issuance and Signature by Secretary of State of Warrants Appointing Agents To Return Fugitives From Justice Extradited to United States

Ex. Ord. No. 11517, Mar. 19, 1970, 35 F.R. 4937, provided:

WHEREAS the President of the United States, under section 3192 of Title 18, United States Code, has been granted the power to take all necessary measures for the transportation, safekeeping and security against lawless violence of any person delivered by any foreign government to an agent of the United States for return to the United States for trial for any offense of which he is duly accused; and

WHEREAS fugitives from justice in the United States whose extradition from abroad has been requested by the Government of the United States and granted by a foreign government are to be returned in the custody of duly appointed agents in accordance with the provisions of section 3193 of Title 18, United States Code; and

WHEREAS such duly appointed agents under the provisions of the law mentioned above, being authorized to receive delivery of the fugitive in behalf of the United States and to convey him to the place of his trial, are given the powers of a marshal of the United States in the several districts of the United States through which it may be necessary for them to pass with such prisoner, so far as such power is requisite for the prisoner's safekeeping; and

WHEREAS such warrants serve as a certification to the foreign government delivering the fugitives to any other foreign country through which such agents may pass, and to authorities in the United States of the powers therein conferred upon the agents; and

WHEREAS it is desirable by delegation of functions heretofore performed by the President to simplify and thereby expedite the issuance of such warrants to agents in the interests of the prompt return of fugitives to the United States:

NOW, THEREFORE, by virtue of the authority vested in me by section 301 of Title 3 of the United States Code, and as President of the United States, it is ordered as follows:

Section 1. The Secretary of State is hereby designated and empowered to issue and sign all warrants appointing agents to receive, in behalf of the United States, the delivery in extradition by a foreign government of any person accused of a crime committed within the United States, and to convey such person to the place of his trial.

Sec. 2. Agents appointed in accordance with section 1 of this order shall have all the powers conferred in respect of such agents by applicable treaties of the United States and by section 3193 of Title 18, United States Code, or by any other provisions of United States law.

Sec. 3. Executive Order No. 10347, April 18, 1952, as amended by Executive Order No. 11354, May 23, 1967, is further amended by deleting numbered paragraph 4 and renumbering paragraphs 5 and 6 as paragraphs 4 and 5, respectively.

Richard Nixon.      

§3194. Transportation of fugitive by receiving agent

Any agent appointed as provided in section 3182 of this title who receives the fugitive into his custody is empowered to transport him to the State or Territory from which he has fled.

(June 25, 1948, ch. 645, 62 Stat. 825.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §663 (R.S. §5279).

Last sentence of said section 663, relating to rescue of such fugitive, was omitted as covered by section 752 of this title, the punishment provision of which is based on later statutes. (See reviser's note under that section.)

Minor changes were made in phraseology.

§3195. Payment of fees and costs

All costs or expenses incurred in any extradition proceeding in apprehending, securing, and transmitting a fugitive shall be paid by the demanding authority.

All witness fees and costs of every nature in cases of international extradition, including the fees of the magistrate judge, shall be certified by the judge or magistrate judge before whom the hearing shall take place to the Secretary of State of the United States, and the same shall be paid out of appropriations to defray the expenses of the judiciary or the Department of Justice as the case may be.

The Attorney General shall certify to the Secretary of State the amounts to be paid to the United States on account of said fees and costs in extradition cases by the foreign government requesting the extradition, and the Secretary of State shall cause said amounts to be collected and transmitted to the Attorney General for deposit in the Treasury of the United States.

(June 25, 1948, ch. 645, 62 Stat. 825; Pub. L. 90–578, title III, §301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§662, 662c, 662d, 668 (R.S. §5278; Aug. 3, 1882, ch. 378, §4, 22 Stat. 216; June 28, 1902, ch. 1301, §1, 32 Stat. 475; Mar. 22, 1934, ch. 73, §§2, 3, 48 Stat. 455).

First paragraph of this section consolidates provisions as to costs and expenses from said sections 662, 662c, and 662d.

Minor changes were made in phraseology and surplusage was omitted.

Remaining provisions of said sections 662, 662c, and 662d of title 18, U.S.C., 1940 ed., are incorporated in sections 752, 3182, 3183, and 3187 of this title.

The words "or the Department of Justice as the case may be" were added at the end of the second paragraph in conformity with the appropriation acts of recent years. See for example act July 5, 1946, ch. 541, title II, 60 Stat. 460.

Amendments

1968Pub. L. 90–578 substituted "magistrate" for "commissioner" in two places.

Change of Name

Words "magistrate judge" substituted for "magistrate" wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of a date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

§3196. Extradition of United States citizens

If the applicable treaty or convention does not obligate the United States to extradite its citizens to a foreign country, the Secretary of State may, nevertheless, order the surrender to that country of a United States citizen whose extradition has been requested by that country if the other requirements of that treaty or convention are met.

(Added Pub. L. 101–623, §11(a), Nov. 21, 1990, 104 Stat. 3356.)