18 U.S. Code § 3181 - Scope and limitation of chapter

§ 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

1996—Pub. 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:

Country

Date signed

Entered into force

Citation

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.

Albania

Mar. 1, 1933

Nov. 14, 1935

49 Stat. 3313.

Antigua and Barbuda

June 3, 1996

July 1, 1999

TIAS.

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.

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.

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.

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.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


22 CFR - Foreign Relations

22 CFR Part 95 - IMPLEMENTATION OF TORTURE CONVENTION IN EXTRADITION CASES

 

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