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18 USC Sec. 3181 01/05/2009EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 209 - EXTRADITIONHEAD
Sec. 3181. Scope and limitation of chapterSTATUTE
(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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