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CITE

    18 USC Sec. 3181                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART II - CRIMINAL PROCEDURE
    CHAPTER 209 - EXTRADITION

HEAD

    Sec. 3181. Scope and limitation of chapter

STATUTE

      (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)).

SOURCE

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

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Sec. 658 (R.S. Sec. 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, Sec. 1342, Feb. 10, 1996,
    110 Stat. 486, 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.
        "(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, Sec. 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, Sec. 6(e)(1), Nov. 2, 1992, 106 Stat.
    4933.
      Pub. L. 100-204, title VIII, Sec. 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, Sec. 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."
                          TREATIES OF EXTRADITION
      The United States currently has bilateral extradition treaties
    with the following countries:
         Country          Date signed      Entered into        Citation
                                               force
    --------------------------------------------------------------------
    Albania            Mar. 1, 1933      Nov. 14, 1935     49 Stat. 3313.
    Antigua and        June 3, 1996      July 1, 1999
     Barbuda
    Argentina          June 10, 1997     June 15, 2000
    Australia          May 14, 1974      May 8, 1976       27 UST 957.
                       Sept. 4, 1990     Dec. 21, 1992
    Austria            Jan. 8, 1998      Jan. 1, 2000
                       May 19, 1934      Sept. 5, 1934     49 Stat. 2710.
    Bahamas            Mar. 9, 1990      Sept. 22, 1994    TIAS.
    Barbados           Feb. 28, 1996     Mar. 3, 2000
    Belgium            Apr. 27, 1987     Sept. 1, 1997
    Belize             Mar. 30, 2000     Mar. 27, 2001
    Bolivia            June 27, 1995     Nov. 21, 1996
    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.
    Burma              Dec. 22, 1931     Nov. 1, 1941      47 Stat. 2122.
    Canada             Dec. 3, 1971      Mar. 22, 1976     27 UST 983.
                       June 28, July     Mar. 22, 1976     27 UST 1017.
                        9, 1974
                       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              Jan. 6, 1909      July 27, 1911     37 Stat. 1526.
                       Jan. 15, 1929     May 19, 1929      46 Stat. 2276.
                       Apr. 23, 1936     Sept. 24, 1936    50 Stat. 1117.
                                         Aug. 5, 1961      13 UST 2065.
    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
    Czech Republic     July 2, 1925      Mar. 29, 1926     44 Stat. 2367.
                       Apr. 29, 1935
                                         Aug. 28, 1935
                                                           49 Stat. 3253.
    Denmark            June 22, 1972     July 31, 1974     25 UST 1293.
    Dominica           Oct. 10, 1996     May 25, 2000
    Dominican          June 19, 1909     Aug. 2, 1910      36 Stat. 2468.
     Republic
    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.
    Fiji               Dec. 22, 1931     June 24, 1935     47 Stat. 2122.
                                         Aug. 17, 1973     24 UST 1965.
    Finland            June 11, 1976     May 11, 1980      31 UST 944.
    France             Apr. 23, 1996     Feb. 1, 2002
    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
    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.
    Grenada            May 30, 1996      Sept. 14, 1999
    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
    Hungary            Dec. 1, 1994      Mar. 18, 1997
    Iceland            Jan. 6, 1902                        32 Stat. 1096.
                       Nov. 6, 1905      Feb. 19, 1906     34 Stat. 2887.
    India              June 25, 1997     July 21, 1999
    Iraq               June 7, 1934      Apr. 23, 1936     49 Stat. 3380.
    Ireland            July 13, 1983     Dec. 15, 1984     TIAS 10813.
    Israel             Dec. 10, 1962     Dec. 5, 1963      14 UST 1707.
                                         Apr. 11, 1967     18 UST 382.
                       July 6, 2005      Jan. 10, 2007
    Italy              Oct. 13, 1983     Sept. 24, 1984    TIAS 10837.
    Jamaica            June 14, 1983     July 7, 1991
    Japan              Mar. 3, 1978      Mar. 26, 1980     31 UST 892.
    Jordan             Mar. 28, 1995     July 29, 1995
    Kenya              Dec. 22, 1931     June 24, 1935     47 Stat. 2122.
                                         Aug. 19, 1965     16 UST 1866.
    Kiribati           June 8, 1972      Jan. 21, 1977     28 UST 227.
    Korea              June 9, 1998      Dec. 20, 1999
    Latvia             Oct. 16, 1923     Mar. 1, 1924      43 Stat. 1738.
                       Oct. 10, 1934     Mar. 29, 1935     49 Stat. 3131.
    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
    Luxembourg         Oct. 1, 1996      Feb. 1, 2002
    Malawi             Dec. 22, 1931     June 24, 1935     47 Stat. 2122.
                                         Apr. 4, 1967      18 UST 1822.
    Malaysia           Aug. 3, 1995      June 2, 1997
    Malta              Dec. 22, 1931     June 24, 1935     47 Stat. 2122.
    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
    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    TIAS 10733.
    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.
    Paraguay           Nov. 9, 1998      Mar. 9, 2001
    Peru               July 26, 2001     Aug. 25, 2003
    Philippines        Nov. 13, 1994     Nov. 22, 1996
    Poland             July 10, 1996     Sept. 17, 1999
                       Apr. 5, 1935      June 5, 1936      49 Stat. 3394.
    Portugal           May 7, 1908       Nov. 14, 1908     35 Stat. 2071.
    Romania            July 23, 1924     Apr. 7, 1925      44 Stat. 2020.
                       Nov. 10, 1936     July 27, 1937     50 Stat. 1349.
    Saint              Sept. 18, 1996    Feb. 23, 2000
     Christopher and
     Nevis
    Saint Lucia        Apr. 18, 1996     Feb. 2, 2000
    Saint Vincent      Aug. 15, 1996     Sept. 8, 1999
     and the
     Grenadines
    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.
                                         June 10, 1969     20 UST 2764.
    Slovac Republic    July 2, 1925      Mar. 29, 1926     44 Stat. 2367
                       Apr. 29, 1935
                                         Aug. 28, 1935
                                                           49 Stat. 3253.
    Solomon Islands    June 8, 1972      Jan. 21, 1977     28 UST 277.
    South Africa       Sept. 16, 1999    June 25, 2001
    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
                       Mar. 12, 1996     July 25, 1999
    Sri Lanka          Sept. 30, 1999    Jan. 12, 2001
    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.
                                         July 28, 1970     21 UST 1930.
    Sweden             Oct. 24, 1961     Dec. 3, 1963      14 UST 1845.
                       Mar. 14, 1983     Sept. 24, 1984    TIAS 10812.
    Switzerland        Nov. 14, 1990     Sept. 10, 1997
    Tanzania           Dec. 22, 1931     June 24, 1935     47 Stat. 2122.
                                         Dec. 6, 1965      16 UST 2066.
    Thailand           Dec. 30, 1922     Mar. 24, 1924     43 Stat. 1749.
    Tonga              Dec. 22, 1931     Aug. 1, 1966      47 Stat. 2122.
                                         Apr. 13, 1977     28 UST 5290.
    Trinidad and       Mar. 4, 1996      Nov. 29, 1999
     Tobago
    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     June 8, 1972      Jan. 21, 1977     28 UST 227.
                       June 25, 1985
                                         Dec. 23, 1986
                                                           TIAS.
                       Mar. 31, 2003     Apr. 26, 2007
    Uruguay            Apr. 6, 1973      Apr. 11, 1984     TIAS 10850.
    Venezuela          Jan. 19, 21,      Apr. 14, 1923     43 Stat. 1698.
                        1922
    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
      (!1) For the successor States of Yugoslavia, inquire of the
    Treaty Office of the United States Department of State.
    --------------------------------------------------------------------
                         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.
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