-CITE-

18 USC CHAPTER 209 - EXTRADITION 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 209 - EXTRADITION

.

-HEAD-

CHAPTER 209 - EXTRADITION

-MISC1-

Sec.

3181. Scope and limitation of chapter.

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

Territory.

3183. Fugitives from State, Territory, or Possession into

extraterritorial jurisdiction of United States.

3184. Fugitives from foreign country to United States.

3185. Fugitives from country under control of United States into

the United States.

3186. Secretary of State to surrender fugitive.

3187. Provisional arrest and detention within extraterritorial

jurisdiction.

3188. Time of commitment pending extradition.

3189. Place and character of hearing.

3190. Evidence on hearing.

3191. Witnesses for indigent fugitives.

3192. Protection of accused.

3193. Receiving agent's authority over offenders.

3194. Transportation of fugitive by receiving agent.

3195. Payment of fees and costs.

3196. Extradition of United States citizens.

AMENDMENTS

1996 - Pub. L. 104-294, title VI, Sec. 601(f)(9), (10), Oct. 11,

1996, 110 Stat. 3500, inserted comma after ''District'' in item

3182 and after ''Territory'' in item 3183.

1990 - Pub. L. 101-623, Sec. 11(b), Nov. 21, 1990, 104 Stat.

3356, added item 3196.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 22 section 7432.

-CITE-

18 USC Sec. 3181 01/06/03

-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.)

-MISC1-

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.

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 :Dec. 22, 1931 :Aug. 30, 1935 :47 Stat. 2122.

Guinea : : :

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.

Uruguay :Apr. 6, 1973 :Apr. 11, 1984 :TIAS 10850.

Venezuela :Jan. 19, 21, :Apr. 14, 1923 :43 Stat. 1698.

: 1922 : :

Yugoslavia :Oct. 25, 1901 :June 12, 1902 :32 Stat. 1890.

(FOOTNOTE 1) : : :

Zambia :Dec. 22, 1931 :June 24, 1935 :47 Stat. 2122.

Zimbabwe :July 25, 1997 :Apr. 26, 2000 :

-------------------------------

(FOOTNOTE 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3184 of this title; title

22 section 7432.

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18 USC Sec. 3182 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 209 - EXTRADITION

-HEAD-

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

Territory

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 104-294, title VI,

Sec. 601(f)(9), Oct. 11, 1996, 110 Stat. 3500.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Last sentence as to costs and expenses to be paid by the

demanding authority was incorporated in section 3195 of this title.

Word ''District'' was inserted twice to make section equally

applicable to fugitives found in the District of Columbia.

''Thirty days'' was substituted for ''six months'' since, in view

of modern conditions, the smaller time is ample for the demanding

authority to act.

Minor changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 inserted comma after ''District'' in

section catchline and in two places in text.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3194, 5001 of this title.

-CITE-

18 USC Sec. 3183 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 209 - EXTRADITION

-HEAD-

Sec. 3183. Fugitives from State, Territory, or Possession into

extraterritorial jurisdiction of United States

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 107-273, div. B,

title IV, Sec. 4004(d), Nov. 2, 2002, 116 Stat. 1812.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 662c (Mar. 22, 1934,

ch. 73, Sec. 2, 48 Stat. 455).

Said section 662c was incorporated in this section and sections

752 and 3195 of this title.

Provision as to costs or expenses to be paid by the demanding

authority were incorporated in section 3196 of this title.

Reference to the Philippine Islands was deleted as obsolete in

view of the independence of the Commonwealth of the Philippines

effective July 4, 1946.

The attention of Congress is directed to the probability that

this section may be of little, if any, possible use in view of

present world conditions.

Minor changes were made in phraseology.

AMENDMENTS

2002 - Pub. L. 107-273 struck out ''or the Panama Canal Zone,''

after ''possession of the United States'' in first par.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3187 of this title.

-CITE-

18 USC Sec. 3184 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 209 - EXTRADITION

-HEAD-

Sec. 3184. Fugitives from foreign country to United States

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 90-578, title III,

Sec. 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 100-690,

title VII, Sec. 7087, Nov. 18, 1988, 102 Stat. 4409; Pub. L.

101-647, title XVI, Sec. 1605, Nov. 29, 1990, 104 Stat. 4843; Pub.

L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub.

L. 104-132, title IV, Sec. 443(b), Apr. 24, 1996, 110 Stat. 1281.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 651 (R.S. Sec. 5270;

June 6, 1900, ch. 793, 31 Stat. 656).

Minor changes of phraseology were made.

AMENDMENTS

1996 - Pub. L. 104-132, in first sentence, inserted ''or in cases

arising under section 3181(b),'' after ''United States and any

foreign government,'' and ''or provided for under section

3181(b),'' after ''treaty or convention,'' and in third sentence,

inserted ''or under section 3181(b),'' after ''treaty or

convention,''.

1990 - Pub. L. 101-647 inserted ''or, if there is reason to

believe the person will shortly enter the United States'' after

''are not known'' in second sentence.

1988 - Pub. L. 100-690 inserted after first sentence ''Such

complaint may be filed before and such warrant may be issued by a

judge or magistrate of the United States District Court for the

District of Columbia if the whereabouts within the United States of

the person charged are not known.''

1968 - Pub. L. 90-578 substituted ''magistrate'' for

''commissioner'' in two places.

-CHANGE-

CHANGE OF NAME

Words ''magistrate judge'' substituted for ''magistrate''

wherever appearing in text pursuant to section 321 of Pub. L.

101-650, set out as a note under section 631 of Title 28, Judiciary

and Judicial Procedure.

-MISC4-

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when

a later effective date is applicable, which is the earlier of date

when implementation of amendment by appointment of magistrates (now

United States magistrate judges) and assumption of office takes

place or third anniversary of enactment of Pub. L. 90-578 on Oct.

17, 1968, see section 403 of Pub. L. 90-578, set out as a note

under section 631 of Title 28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3186 of this title.

-CITE-

18 USC Sec. 3185 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 209 - EXTRADITION

-HEAD-

Sec. 3185. Fugitives from country under control of United States

into the United States

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 823; May 24, 1949, ch. 139, Sec.

49, 63 Stat. 96; Pub. L. 99-646, Sec. 87(c)(6), Nov. 10, 1986, 100

Stat. 3623; Pub. L. 99-654, Sec. 3(a)(6), Nov. 14, 1986, 100 Stat.

3663.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 18, U.S.C., 1940 ed., Sec. 652 (R.S. Sec. 5270;

June 6, 1900, ch. 793, 31 Stat. 656).

Reference to territory of the United States and the District of

Columbia was omitted as covered by definitive section 5 of this

title.

Changes were made in phraseology and arrangement.

1949 ACT

This section (section 49) corrects typographical errors in

section 3185 of title 18, U.S.C., by transferring to subdivision

(3) the words, ''indebtedness, bank notes, or other instruments of

public'', from subdivision (2) of such section where they had been

erroneously included.

AMENDMENTS

1986 - Par. (12). Pub. L. 99-646 and Pub. L. 99-654 amended par.

(12) identically, substituting ''A felony under chapter 109A of

this title'' for ''Rape''.

1949 - Pars. (2), (3). Act May 24, 1949, transferred

''indebtedness, bank notes, or other instruments of public'' from

par. (2) to par. (3).

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendments by Pub. L. 99-646 and Pub. L. 99-654 effective,

respectively, 30 days after Nov. 10, 1986, and 30 days after Nov.

14, 1986, see section 87(e) of Pub. L. 99-646 and section 4 of Pub.

L. 99-654, set out as an Effective Date note under section 2241 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3186 of this title.

-CITE-

18 USC Sec. 3186 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 209 - EXTRADITION

-HEAD-

Sec. 3186. Secretary of State to surrender fugitive

-STATUTE-

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.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

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

Changes were made in phraseology and surplusage was deleted.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4114 of this title.

-CITE-

18 USC Sec. 3187 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 209 - EXTRADITION

-HEAD-

Sec. 3187. Provisional arrest and detention within extraterritorial

jurisdiction

-STATUTE-

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.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 662d (Mar. 22, 1934,

ch. 73, Sec. 3, 48 Stat. 455).

Provision for expense to be borne by the demanding authority is

incorporated in section 3195 of this title.

Changes were made in phraseology and arrangement.

-CITE-

18 USC Sec. 3188 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 209 - EXTRADITION

-HEAD-

Sec. 3188. Time of commitment pending extradition

-STATUTE-

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.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

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

Changes in phraseology only were made.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4114 of this title.

-CITE-

18 USC Sec. 3189 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 209 - EXTRADITION

-HEAD-

Sec. 3189. Place and character of hearing

-STATUTE-

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.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 657 (Aug. 3, 1882, ch.

378, Sec. 1, 22 Stat. 215).

First word ''All'' was omitted as unnecessary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4114 of this title.

-CITE-

18 USC Sec. 3190 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 209 - EXTRADITION

-HEAD-

Sec. 3190. Evidence on hearing

-STATUTE-

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.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 655 (R.S. Sec. 5271;

Aug. 3, 1882, ch. 378, Sec. 5, 22 Stat. 216).

Unnecessary words were deleted.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4114 of this title.

-CITE-

18 USC Sec. 3191 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 209 - EXTRADITION

-HEAD-

Sec. 3191. Witnesses for indigent fugitives

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 825; Pub. L. 90-578, title III,

Sec. 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101-650,

title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 656 (Aug. 3, 1882, ch.

378, Sec. 3, 22 Stat. 215).

Words ''that similar'' after ''manner'' were omitted as

unnecessary.

AMENDMENTS

1968 - Pub. L. 90-578 substituted ''magistrate'' for

''commissioner''.

-CHANGE-

CHANGE OF NAME

Words ''magistrate judge'' substituted for ''magistrate'' in text

pursuant to section 321 of Pub. L. 101-650, set out as a note under

section 631 of Title 28, Judiciary and Judicial Procedure.

-MISC4-

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when

a later effective date is applicable, which is the earlier of date

when implementation of amendment by appointment of magistrates (now

United States magistrate judges) and assumption of office takes

place or third anniversary of enactment of Pub. L. 90-578 on Oct.

17, 1968, see section 403 of Pub. L. 90-578, set out as a note

under section 631 of Title 28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4114 of this title.

-CITE-

18 USC Sec. 3192 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 209 - EXTRADITION

-HEAD-

Sec. 3192. Protection of accused

-STATUTE-

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.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

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

Words ''crimes or'' before ''offenses'' were omitted as

unnecessary.

-CITE-

18 USC Sec. 3193 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 209 - EXTRADITION

-HEAD-

Sec. 3193. Receiving agent's authority over offenders

-STATUTE-

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.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

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

Words ''jurisdiction of the'' were omitted in view of the

definition of United States in section 5 of this title.

Minor changes only were made in phraseology.

-EXEC-

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.

-CITE-

18 USC Sec. 3194 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 209 - EXTRADITION

-HEAD-

Sec. 3194. Transportation of fugitive by receiving agent

-STATUTE-

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.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

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

Last sentence of said section 663, relating to rescue of such

fugitive, was omitted as covered by section 752 of this title, the

punishment provision of which is based on later statutes. (See

reviser's note under that section.)

Minor changes were made in phraseology.

-CITE-

18 USC Sec. 3195 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 209 - EXTRADITION

-HEAD-

Sec. 3195. Payment of fees and costs

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 825; Pub. L. 90-578, title III,

Sec. 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101-650,

title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 662, 662c, 662d, 668

(R.S. Sec. 5278; Aug. 3, 1882, ch. 378, Sec. 4, 22 Stat. 216; June

28, 1902, ch. 1301, Sec. 1, 32 Stat. 475; Mar. 22, 1934, ch. 73,

Sec. 2, 3, 48 Stat. 455).

First paragraph of this section consolidates provisions as to

costs and expenses from said sections 662, 662c, and 662d.

Minor changes were made in phraseology and surplusage was

omitted.

Remaining provisions of said sections 662, 662c, and 662d of

title 18, U.S.C., 1940 ed., are incorporated in sections 752, 3182,

3183, and 3187 of this title.

The words ''or the Department of Justice as the case may be''

were added at the end of the second paragraph in conformity with

the appropriation acts of recent years. See for example act July

5, 1946, ch. 541, title II, 60 Stat. 460.

AMENDMENTS

1968 - Pub. L. 90-578 substituted ''magistrate'' for

''commissioner'' in two places.

-CHANGE-

CHANGE OF NAME

Words ''magistrate judge'' substituted for ''magistrate''

wherever appearing in text pursuant to section 321 of Pub. L.

101-650, set out as a note under section 631 of Title 28, Judiciary

and Judicial Procedure.

-MISC4-

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when

a later effective date is applicable, which is the earlier of a

date when implementation of amendment by appointment of magistrates

(now United States magistrate judges) and assumption of office

takes place or third anniversary of enactment of Pub. L. 90-578 on

Oct. 17, 1968, see section 403 of Pub. L. 90-578, set out as a note

under section 631 of Title 28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4114 of this title.

-CITE-

18 USC Sec. 3196 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 209 - EXTRADITION

-HEAD-

Sec. 3196. Extradition of United States citizens

-STATUTE-

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.

-SOURCE-

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

-CITE-