18 U.S.C. § 3181 (CRIMES AND CRIMINAL PROCEDURE)
§ 3181. Scope and limitation of chapter
(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)).
(June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 104–132, title IV, § 443(a), Apr. 24, 1996, 110 Stat. 1280.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 658 (R.S. § 5274).
Minor changes were made in phraseology.
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–132 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
heading: Statutory Notes and Related Subsidiaries
heading: Extradition Treaties Interpretation
text: 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.”
heading: Judicial Assistance to International Tribunal for Yugoslavia and International Tribunal for Rwanda
text: Pub. L. 104–106, div. A, title XIII, § 1342, Feb. 10, 1996, 110 Stat. 486, as amended by Pub. L. 111–117, div. F, title VII, § 7034(t), Dec. 16, 2009, 123 Stat. 3364, 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, as amended.
“(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.”
heading: Extradition and Mutual Legal Assistance Treaties and Model Comprehensive Antidrug Laws
text: Pub. L. 100–690, title IV, § 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, § 6(e)(1), Nov. 2, 1992, 106 Stat. 4933.
Pub. L. 100–204, title VIII, § 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, § 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.”
heading: — — —
heading: EXTRADITION AGREEMENTS
text: The United States currently has bilateral extradition agreements with the following countries:
Country
Date signed
Entered into force
Citation
1 Status of agreements with successor states of Czechoslovakia and Yugoslavia is under review; inquire of the Treaty Office of the United States Department of State.
2 Typographical error corrected by diplomatic notes exchanged Apr. 4 and 11, 1967. See 18 UST 382, 383.
Albania
Mar. 1, 1933
Nov. 14, 1935
49 Stat. 3313.
Antigua and Barbuda
June 3, 1996
July 1, 1999
TIAS 99-701.1.
Argentina
June 10, 1997
June 15, 2000
TIAS 12866.
Australia
Dec. 22, 1931
Aug. 30, 1935
47 Stat. 2122.
May 14, 1974
May 8, 1976
27 UST 957.
Sept. 4, 1990
Dec. 21, 1992
1736 UNTS 344.
Austria
Jan. 8, 1998
Jan. 1, 2000
TIAS 12916.
July 20, 2005
Feb. 1, 2010
TIAS 10-201.2.
Bahamas
Mar. 9, 1990
Sept. 22, 1994
TIAS.
Barbados
Feb. 28, 1996
Mar. 3, 2000
TIAS 00-303.
Belgium
Apr. 27, 1987
Sept. 1, 1997
TIAS 97-901.
Dec. 16, 2004
Feb. 1, 2010
TIAS 10-201.
Belize
Mar. 30, 2000
Mar. 27, 2001
TIAS 13089.
Bolivia
June 27, 1995
Nov. 21, 1996
TIAS 96-112.
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.
Sept. 19, 2007
May 21, 2009
TIAS 09-521.
Burma
Dec. 22, 1931
Nov. 1, 1941
47 Stat. 2122.
Canada
Dec. 3, 1971
Mar. 22, 1976
27 UST 983.
June 28, July 9, 1974
Mar. 22, 1976
27 UST 1017.
Jan. 11, 1988
Nov. 26, 1991
1853 UNTS 407.
Jan. 12, 2001
Apr. 30, 2003
TIAS 03-430.
Chile
Apr. 17, 1900
June 26, 1902
32 Stat. 1850.
Colombia
Sept. 14, 1979
Mar. 4, 1982
TIAS.
Congo (Brazzaville)
Jan. 6, 1909
Jan. 15, 1929
Apr. 23, 1936
July 27, 1911
May 19, 1929
Sept. 24, 1936
37 Stat. 1526.
46 Stat. 2276.
50 Stat. 1117.
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
TIAS 99-914.
Jan. 20, 2006
Feb. 1, 2010
TIAS 10-201.4.
Czech Republic 1
July 2, 1925
Apr. 29, 1935
Mar. 29, 1926
Aug. 28, 1935
44 Stat. 2367.
49 Stat. 3253.
May 16, 2006
Feb. 1, 2010
TIAS 10-201.5.
Denmark
June 22, 1972
July 31, 1974
25 UST 1293.
June 23, 2005
Feb. 1, 2010
TIAS 10-201.6.
Dominica
Oct. 10, 1996
May 25, 2000
TIAS 00-525.
Dominican Republic
June 19, 1909
Aug. 2, 1910
36 Stat. 2468.
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.
Feb. 8, 2006
Apr. 7, 2009
TIAS 09-407.
European Union
June 25, 2003
Feb. 1, 2010
TIAS 10-201.
Fiji
Dec. 22, 1931
June 24, 1935
47 Stat. 2122.
July 14, 1972, Aug. 17, 1973
Aug. 17, 1973
24 UST 1965.
Finland
June 11, 1976
May 11, 1980
31 UST 944.
Dec. 16, 2004
Feb. 1, 2010
TIAS 10-201.7.
France
Apr. 23, 1996
Feb. 1, 2002
TIAS 02-201.
Sept. 30, 2004
Feb. 1, 2010
TIAS 10-201.8.
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
1909 UNTS 441.
Apr. 18, 2006
Feb. 1, 2010
TIAS 10-201.9
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.
Jan. 18, 2006
Feb. 1, 2010
TIAS 10-201.10.
Grenada
May 30, 1996
Sept. 14, 1999
TIAS 99-914.1.
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
TIAS 98-121.
Hungary
Dec. 1, 1994
Mar. 18, 1997
TIAS 97-318.
Nov. 15, 2005
Feb. 1, 2010
TIAS 10-201.11.
Iceland
Jan. 6, 1902
May 16, 1902
32 Stat. 1096.
Nov. 6, 1905
Feb. 19, 1906
34 Stat. 2887.
India
June 25, 1997
July 21, 1999
TIAS 12873.
Iraq
June 7, 1934
Apr. 23, 1936
49 Stat. 3380.
Ireland
July 13, 1983
Dec. 15, 1984
TIAS 10813.
July 14, 2005
Feb. 1, 2010
TIAS 10-201.12.
Israel
Dec. 10, 1962
Dec. 5, 1963
14 UST 1707.2
July 6, 2005
Jan. 10, 2007
TIAS 07-110.
Italy
Oct. 13, 1983
Sept. 24, 1984
35 UST 3023.
May 3, 2006
Feb. 1, 2010
TIAS 10-201.13.
Jamaica
June 14, 1983
July 7, 1991
TIAS.
Japan
Mar. 3, 1978
Mar. 26, 1980
31 UST 892.
Jordan
Mar. 28, 1995
July 29, 1995
TIAS.
Kenya
Dec. 22, 1931
June 24, 1935
47 Stat. 2122.
May 14, Aug. 19, 1965
Aug. 19, 1965
16 UST 1866.
Kiribati
June 8, 1972
Jan. 21, 1977
28 UST 227.
Latvia
Oct. 16, 1923
Mar. 1, 1924
43 Stat. 1738.
Oct. 10, 1934
Mar. 29, 1935
49 Stat. 3131.
Dec. 7, 2005
Apr. 15, 2009
TIAS 09-415.
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
TIAS 13166.
June 15, 2005
Feb. 1, 2010
TIAS 10-201.14.
Luxembourg
Oct. 1, 1996
Feb. 1, 2002
TIAS 12804.
Feb. 1, 2005
Feb. 1, 2010
TIAS 10-201.15.
Malawi
Dec. 22, 1931
June 24, 1935
47 Stat. 2122.
Dec. 17, 1966, Jan. 6, Apr. 4, 1967
Apr. 4, 1967
18 UST 1822.
Malaysia
Aug. 3, 1995
June 2, 1997
TIAS 97-602.
Malta
Dec. 22, 1931
June 24, 1935
47 Stat. 2122.
May 18, 2006
July 1, 2009
TIAS 09-701.
Marshall Islands
Apr. 30, 2003
May 1, 2004
TIAS 04-501.2.
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
TIAS 12897.
Micronesia, Federated States of
May 14, 2003
June 25, 2004
TIAS 04-625.4.
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
35 UST 1334.
Sept. 29, 2004
Feb. 1, 2010
TIAS 10-201.16.
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.
Feb. 2, 23, 1988
Feb. 23, 1988
TIAS.
Paraguay
Nov. 9, 1998
Mar. 9, 2001
TIAS 12995.
Peru
July 26, 2001
Aug. 25, 2003
TIAS 03-825.
Philippines
Nov. 13, 1994
Nov. 22, 1996
TIAS 96-1122.
Poland
July 10, 1996
Sept. 17, 1999
TIAS 99-917.
June 9, 2006
Feb. 1, 2010
TIAS 10-201.17.
Portugal
May 7, 1908
Nov. 14, 1908
35 Stat. 2071.
July 14, 2005
Feb. 1, 2010
TIAS 10-201.18.
Romania
July 23, 1924
Apr. 7, 1925
44 Stat. 2020.
Nov. 10, 1936
July 27, 1937
50 Stat. 1349.
Sept. 10, 2007
May 8, 2009
TIAS 09-508.
Saint Kitts and Nevis
Sept. 18, 1996
Feb. 23, 2000
TIAS 12805.
Saint Lucia
Apr. 18, 1996
Feb. 2, 2000
TIAS 00-202.
Saint Vincent and the Grenadines
Aug. 15, 1996
Sept. 8, 1999
TIAS 99-908.
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.
Apr. 23, June 10, 1969
June 10, 1969
20 UST 2764.
Slovakia 1
July 2, 1925
Apr. 29, 1935
Feb. 6, 2006
Mar. 29, 1926
Aug. 28, 1935
Feb. 1, 2010
44 Stat. 2367.
49 Stat. 3253.
TIAS 10-201.19.
Slovenia 1
Oct. 17, 2005
Feb. 1, 2010
TIAS 10-201.20.
Solomon Islands
June 8, 1972
Jan. 21, 1977
28 UST 277.
South Africa
Sept. 16, 1999
June 25, 2001
TIAS 13060.
South Korea
June 9, 1998
Dec. 20, 1999
TIAS 12962.
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
TIAS.
Mar. 12, 1996
July 25, 1999
TIAS.
Dec. 17, 2004
Feb. 1, 2010
TIAS 10-201.21.
Sri Lanka
Sept. 30, 1999
Jan. 12, 2001
TIAS 13066.
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.
May 13, July 28, 1970
July 28, 1970
21 UST 1930.
Sweden
Oct. 24, 1961
Dec. 3, 1963
14 UST 1845.
Mar. 14, 1983
Sept. 24, 1984
35 UST 2501.
Dec. 16, 2004
Feb. 1, 2010
TIAS 10-201.22.
Switzerland
Nov. 14, 1990
Sept. 10, 1997
TIAS 97-910.
Tanzania
Dec. 22, 1931
June 24, 1935
47 Stat. 2122.
Nov. 30, Dec. 6, 1965
Dec. 6, 1965
16 UST 2066.
Thailand
Dec. 14, 1983
May 17, 1991
TIAS.
Tonga
Dec. 22, 1931
Aug. 1, 1966
47 Stat. 2122.
Mar. 14, Apr. 13, 1977
Apr. 13, 1977
28 UST 5290.
Trinidad and Tobago
Mar. 4, 1996
Nov. 29, 1999
TIAS 99-1129.
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
Mar. 31, 2003
Dec. 16, 2004
Apr. 26, 2007
Feb. 1, 2010
TIAS 07-426.
TIAS 10-201.23.
Uruguay
Apr. 6, 1973
Apr. 11, 1984
35 UST 3197.
Venezuela
Jan. 19, 21, 1922
Apr. 14, 1923
43 Stat. 1698.
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
TIAS.
heading: Convention on Extradition
text: 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.