Statutory Law - US Code - Title 18: Chapter 209: Extradition


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U.S. Code Title 18: Crimes and Criminal Procedure


Chapter 209: Extradition

*Current through Public Law 112-173, August 16th, 2012.
**Selected Provisions Relevant to U.S. Intelligence Law

CHAPTER 209—EXTRADITION

18 USC § 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.)
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.”
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

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

Bahamas

Mar. 9, 1990

Sept. 22, 1994

TIAS.

Barbados

Feb. 28, 1996

Mar. 3, 2000

TIAS.

Belgium

Apr. 27, 1987

Sept. 1, 1997

TIAS.

Dec. 16, 2004

Feb. 1, 2010

Belize

Mar. 30, 2000

Mar. 27, 2001

TIAS.

Bolivia

June 27, 1995

Nov. 21, 1996

TIAS.

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

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

TIAS.

Jan. 12, 2001

Apr. 30, 2003

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.

Jan. 20, 2006

Feb. 1, 2010

Czech Republic

July 2, 1925
Apr. 29, 1935

Mar. 29, 1926
Aug. 28, 1935

44 Stat. 2367.
49 Stat. 3253.

May 16, 2006

Feb. 1, 2010

Denmark

June 22, 1972

July 31, 1974

25 UST 1293.

June 23, 2005

Feb. 1, 2010

Dominica

Oct. 10, 1996

May 25, 2000

TIAS.

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

European Union

June 25, 2003

Feb. 1, 2010

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

France

Apr. 23, 1996

Feb. 1, 2002

TIAS.

Sept. 30, 2004

Feb. 1, 2010

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

TIAS.

Apr. 18, 2006

Feb. 1, 2010

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

Grenada

May 30, 1996

Sept. 14, 1999

TIAS.

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.

Nov. 15, 2005

Feb. 1, 2010

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

Israel

Dec. 10, 1962

Dec. 5, 1963

14 UST 1707.

July 6, 2005

Jan. 10, 2007

Italy

Oct. 13, 1983

Sept. 24, 1984

35 UST 3023.

May 3, 2006

Feb. 1, 2010

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

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

Luxembourg

Oct. 1, 1996

Feb. 1, 2002

TIAS 12804.

Feb. 1, 2005

Feb. 1, 2010

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.

Malta

Dec. 22, 1931

June 24, 1935

47 Stat. 2122.

May 18, 2006

July 1, 2009

Marshall Islands

Apr. 30, 2003

May 1, 2004

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

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

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

Philippines

Nov. 13, 1994

Nov. 22, 1996

TIAS.

Poland

July 10, 1996

Sept. 17, 1999

TIAS.

June 9, 2006

Feb. 1, 2010

Portugal

May 7, 1908

Nov. 14, 1908

35 Stat. 2071.

July 14, 2005

Feb. 1, 2010

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

Saint Kitts and Nevis

Sept. 18, 1996

Feb. 23, 2000

TIAS 12805.

Saint Lucia

Apr. 18, 1996

Feb. 2, 2000

TIAS.

Saint Vincent and the Grenadines

Aug. 15, 1996

Sept. 8, 1999

TIAS.

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

July 2, 1925
Apr. 29, 1935
Feb. 6, 2006

Mar. 29, 1926
Aug. 28, 1935
Feb. 1, 2010

44 Stat. 2367.
49 Stat. 3253.

Slovenia 

Oct. 17, 2005

Feb. 1, 2010

Solomon Islands

June 8, 1972

Jan. 21, 1977

28 UST 277.

South Africa

Sept. 16, 1999

June 25, 2001

TIAS.

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

Sri Lanka

Sept. 30, 1999

Jan. 12, 2001

TIAS.

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

Switzerland

Nov. 14, 1990

Sept. 10, 1997

TIAS.

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.

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

Uruguay

Apr. 6, 1973

Apr. 11, 1984

35 UST 3197.

Venezuela

Jan. 19, 21, 1922

Apr. 14, 1923

43 Stat. 1698.

Yugoslavia 

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

 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.
 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.

18 USC § 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.)

18 USC § 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.)

18 USC § 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.)

18 USC § 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.)

18 USC § 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.)

18 USC § 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.)

18 USC § 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.)

18 USC § 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.)

18 USC § 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.)

18 USC § 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.)

18 USC § 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.)

18 USC § 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.)
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.

18 USC § 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.)

18 USC § 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.)

18 USC § 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.)