Last substantive revision (Transmittal GR-17) January 20, 2010

Last revised (minor technical changes) November 9, 2021

Guide to Judiciary Policy

Vol. 7: Defender Services

Pt. B: International Prisoner Transfer Proceedings

Ch. 1: Overview

§ 110 Purpose

§ 120 International Prisoner Transfer Program

§ 130 Consent Verification Hearings

§ 140 Statutes and Authority

§ 150 Further Guidance

§ 110 Purpose

Part B of Volume 7 sets forth regulations promulgated by the Director of the 

Administrative Office of the U.S. Courts (AO) under 18 U.S.C.§ 4109(a)(2) for the 

appointment and compensation of counsel in international prisoner transfer 

proceedings. Part B also provides information and guidance on the appointment and 

compensation of guardians ad litem in international prisoner transfer proceedings.

§ 120 International Prisoner Transfer Program

(a) The International Prisoner Transfer Program began in 1977, when the 

United States negotiated the first in a series of treaties that permit the 

transfer of prisoners from the countries in which they have been convicted 

and incarcerated to their home countries. See: 18 U.S.C. §§ 4100-4115. 

More than 70 countries and nationalities are now parties to either bilateral 

or multilateral prisoner transfer treaties with the United States. 

(b) Prisoner transfers under the various treaties are available to United States 

citizens incarcerated abroad as well as to foreign nationals incarcerated 

within the United States.

(c) Although most inmates who are transferred out of the United States under 

these treaties are federal prisoners, all 50 states, Puerto Rico, and the 

Northern Mariana Islands have legislation authorizing them to participate 

in the International Prisoner Transfer Program.
Guide to Judiciary Policy, Vol. 7B, Ch. 1 Page 2 

(d) Prisoner transfer treaties are negotiated principally by the United States 

Department of State. However, the program itself is administered by the 

United States Department of Justice (DOJ), Criminal Division, 

International Prisoner Transfer Unit.

(e) For more information on the program and participating countries, see:

DOJ Office of Enforcement Operations website. 

§ 130 Consent Verification Hearings

(a) United States citizens incarcerated abroad and foreign nationals 

incarcerated within the United States must obtain approval for a transfer 

from both the DOJ and the government of the foreign country in which the 

prisoner is currently incarcerated or to which the prisoner wishes to 

transfer.

(b) Once the prisoner has obtained the necessary approvals, a consent 

verification hearing is scheduled. This hearing is mandated by 18 U.S.C. 

§ 4108(a). The purpose of the hearing is to verify that the individual 

consents to a transfer to his or her home country to complete a sentence 

of incarceration voluntarily, and with full knowledge of the consequences 

of the transfer.

(c) The consent verification hearing is held in the country in which the 

sentence was imposed and is conducted by a U.S. magistrate judge or by 

a citizen specifically designated by a judge of the United States as defined 

by 28 U.S.C. § 451. See: 18 U.S.C. § 4108(a). 

(d) If at the time of the transfer, the offender is under 18 years of age or 

deemed by the U.S. magistrate judge to be incompetent, consent to the 

transfer must be given by a parent, guardian, guardian ad litem, or by an 

appropriate court of the sentencing country. See: 18 U.S.C. § 4100(b). 

(e) Additional guidance on the procedures for consent verification hearings in 

international prisoner transfer cases may be obtained from the AO’s 

Judicial Services Office, 202-502-1800.

§ 140 Statutes and Authority

• Transfer to or from foreign countries (18 U.S.C. §§ 4100-4115) 

• Right to counsel, appointment of counsel (18 U.S.C. § 4109) 

• Transfers from the United States to a foreign country (18 U.S.C. § 4107) 

• Transfers to the United States from a foreign country (18 U.S.C. § 4108) 

• Jurisdiction of proceedings relating to transferred offenders (18 U.S.C. 

§ 3244) 
Guide to Judiciary Policy, Vol. 7B, Ch. 1 Page 3 

• Prisoner transfer treaties apply to U.S. military personnel (10 U.S.C. § 955) 

• International Prisoner Transfer Program (7 Foreign Affairs Manual 480) 

§ 150 Further Guidance

Inquiries concerning the appointment of counsel in international prisoner transfer 

proceedings should be directed to the Legal and Policy Division of the AO’s Defender 

Services Office, at 202-502-3030, dso_lpd@ao.uscourts.gov, or by mail to:

Chief, Defender Services Office

ATTN: Prisoner Transfer Treaty Matters

Administrative Office of the U.S. Courts

One Columbus Circle, NE

Washington, DC 20544

202-502-3030
Last substantive revision (Transmittal GR-17) January 20, 2010

Last revised (minor technical changes) November 9, 2021

Guide to Judiciary Policy

Vol. 7: Defender Services

Pt. B: International Prisoner Transfer Proceedings

Ch. 2: Appointment of Counsel and Guardians Ad Litem 

§ 210 Appointment of Counsel

§ 220 Appointment of Guardians Ad Litem

§ 230 Determining Financial Eligibility

§ 240 Procedures for Appointments

§ 240.10 Transfers from the United States

§ 240.20 Transfers to the United States

§ 210 Appointment of Counsel

(a) United States citizens incarcerated abroad and foreign nationals 

incarcerated within the United States who seek an international prisoner 

transfer have the right to the advice of counsel. Additionally, an offender 

who is financially unable to obtain an attorney has the right to the 

appointment of counsel in proceedings to verify consent to transfer. See: 

18 U.S.C. § 4109(a). Appointed counsel must advise and assist offenders 

prior to and during the proceedings.

(b) Offenders who seek a transfer have the right to the advice of counsel in 

proceedings before the United States Parole Commission, and in an 

appeal from a determination by this Commission. See: 18 U.S.C. 

§§ 4106A and 4109(c). Financially eligible offenders are entitled to the 

appointment of counsel for such proceedings, under 18 U.S.C. § 3006A. 

§ 220 Appointment of Guardians Ad Litem

The appointment and compensation of guardians ad litem in prisoner transfer cases are 

provided for in 18 U.S.C.§ 4100(b) and § 4109(b). 

(a) Guardians ad litem may be appointed to act on behalf of financially eligible 

minor or incompetent offenders in proceedings to verify their consent to 

transfer to or from the United States. See: 18 U.S.C.§ 4100(b). 

(b) Appointment of a guardian ad litem is independent of the appointment of 

counsel under 18 U.S.C. § 4109. 
Guide to Judiciary Policy, Vol. 7B, Ch. 2 Page 2 

§ 230 Determining Financial Eligibility 

(a) An offender is “financially eligible” for the appointment of counsel or a 

guardian ad litem within the meaning of 18 U.S.C. § 4109 if his or her net 

financial resources and income are insufficient to enable the offender to 

obtain qualified counsel, or to provide for the compensation and travel 

expenses of a guardian ad litem.

(1) In determining whether such insufficiency exists, consideration 

must be given to the cost of providing the offender and his or her 

dependents with the necessities of life.

(2) The determination of eligibility must be made without regard to the 

financial ability of the offender’s family unless the family indicates 

willingness and financial ability to retain counsel or to provide a 

guardian ad litem promptly.

(3) Any doubts as to an offender’s eligibility must be resolved in his or 

her favor.

(b) The determination of whether an offender is eligible for appointment of 

counsel or a guardian ad litem is a function to be performed by the U.S. 

magistrate judge. Offenders will normally provide information regarding 

their financial status on Form CJA 23 (Financial Affidavit). Completed 

forms should be provided to the designated court. Although the court may 

obtain additional information, whenever practicable, fact-finding should be 

done prior to the offender’s appearance at the consent verification 

hearing.

(c) For a more detailed explanation of determining financial eligibility under 

the Criminal Justice Act (CJA), see: Guide, Vol. 7A, § 210.40. 

§ 240 Procedures for Appointments

§ 240.10 Transfers from the United States

(a) Appointment of counsel and guardians ad litem in connection with transfer 

proceedings from the United States to a foreign country under 18 U.S.C. 

§ 4107 are made in accordance with the CJA, 18 U.S.C. § 3006A, and the 

Guide to Judiciary Policy. See: 18 U.S.C. § 4109(a)(1). 

(b) The eVoucher system should be used for the appointment and 

compensation of counsel and guardians ad litem in International Prisoner 

Transfer Proceedings from the United States to a foreign country. Such 

appointments should use Form CJA 20 and are to be considered an 
Guide to Judiciary Policy, Vol. 7B, Ch. 2 Page 3 

appointment in a misdemeanor case for purposes of compensation under 

the CJA.

§ 240.20 Transfers to the United States

The Director of the Administrative Office of the U.S. Courts (AO) has delegated 

authority to the Chief for the AO’s Defender Services Office (DSO) to designate counsel 

and guardians ad litem for appointment in international prisoner transfer proceedings 

from a foreign country to the United States. See: 18 U.S.C. § 4108 and § 4109(a)(2). 

For questions about the appointment of counsel in international prisoner transfer 

proceedings from a foreign country to the United States, contact the Legal and Policy 

Division Duty Day Attorney in the AO’s Defender Services Office, at 202-502-3030 or by 

email at dso_lpd@ao.uscourts.gov. 
Last revised (Transmittal 07-013) December 22, 2021

Guide to Judiciary Policy

Vol. 7: Defender Services

Pt. B: International Prisoner Transfer Proceedings

Ch. 3: Compensation and Reimbursement of Expenses

§ 310 Federal Public and Community Defenders

§ 320 Private Panel Attorneys and Guardians Ad Litem

§ 310 Federal Public and Community Defenders

(a) Federal public and community defenders appointed to provide 

representation in international prisoner transfer proceedings under 

18 U.S.C. § 4109(a)(2) and (b) must obtain travel authorizations from the 

Chief of the Defender Services Office (DSO) of the Administrative Office of 

the U.S. Courts (AO).

(b) Before travel, an itinerary including dates and an estimated cost of the trip

must be provided to DSO by email to DSO_LPD@ao.uscourts.gov.

(c) Travel obligations and vouchers will be processed as follows.

(1) For federal public defender organization (FPDO) travelers 

participating in prisoner transfers, DSO will obligate centrally held 

funds to support the cost of the trip. FPDO travelers will submit 

travel vouchers through their FPDO for reimbursement. When 

processing the travel voucher, FPDO administrative staff will 

reference the obligation created by DSO.

(2) Community defender organization (CDO) travelers participating in 

prisoner transfers will be reimbursed from their CDO using the 

CDO’s grant funds. Should the CDO require supplemental funding 

to support the prisoner transfer representation, the organization’s 

Administrative Officer should contact their assigned DSO Budget 

Analyst. Within 60 days of the completion of travel, the CDO will 

email a copy of the travel voucher with supporting documentation to

the DSO Travel Inbox (DSO_travel@uscourts.gov).

(d) The AO will initiate action to obtain reimbursement of expenses from the 

U.S. Department of State. See: 18 U.S.C. § 4109(a)(2).
Guide to Judiciary Policy, Vol. 7B, Ch. 3 Page 2

§ 320 Private Panel Attorneys and Guardians Ad Litem

(a) Private attorneys and guardians ad litem appointed to provide 

representation in international prisoner transfer proceedings under 

18 U.S.C. § 4107 are compensated in accordance with the Criminal 

Justice Act (CJA), 18 U.S.C. § 3006A, and the Guide to Judiciary Policy. 

See: 18 U.S.C. § 4109(a)(1).

(b) Appointed counsel and guardians ad litem must submit the appropriate 

CJA forms through the eVoucher system to receive compensation and 

reimbursement of expenses. The CJA forms, together with instructions for 

their use, are posted on the public judiciary website.

(c) An appointment in an international prisoner transfer proceeding is 

considered an appointment in a misdemeanor case for purposes of 

compensation under the CJA. See: 18 U.S.C. § 4109(a)(1).