-CITE-
    18 USC CHAPTER 209 - EXTRADITION                            01/03/2007

-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.

-End-



-CITE-
    18 USC Sec. 3181                                            01/03/2007

-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 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.          
    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.

-End-



-CITE-
    18 USC Sec. 3182                                            01/03/2007

-EXPCITE-
    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.

-End-



-CITE-
    18 USC Sec. 3183                                            01/03/2007

-EXPCITE-
    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.

-End-



-CITE-
    18 USC Sec. 3184                                            01/03/2007

-EXPCITE-
    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.


-MISC2-
                     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.

-End-



-CITE-
    18 USC Sec. 3185                                            01/03/2007

-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.

-End-



-CITE-
    18 USC Sec. 3186                                            01/03/2007

-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.

-End-



-CITE-
    18 USC Sec. 3187                                            01/03/2007

-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.

-End-



-CITE-
    18 USC Sec. 3188                                            01/03/2007

-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.

-End-



-CITE-
    18 USC Sec. 3189                                            01/03/2007

-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.

-End-



-CITE-
    18 USC Sec. 3190                                            01/03/2007

-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.

-End-



-CITE-
    18 USC Sec. 3191                                            01/03/2007

-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.


-MISC2-
                     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.

-End-



-CITE-
    18 USC Sec. 3192                                            01/03/2007

-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.

-End-



-CITE-
    18 USC Sec. 3193                                            01/03/2007

-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.

-End-



-CITE-
    18 USC Sec. 3194                                            01/03/2007

-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.

-End-



-CITE-
    18 USC Sec. 3195                                            01/03/2007

-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., Secs. 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,
    Secs. 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.


-MISC2-
                     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.

-End-



-CITE-
    18 USC Sec. 3196                                            01/03/2007

-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.)

-End-