General Principles Related to Obtaining Fugitives from Abroad

International extradition is the formal process by which a person found in one country is surrendered to another country for trial or punishment. The process is regulated by treaty and conducted between the Federal Government of the United States and the government of a foreign country. It differs considerably from interstate rendition, commonly referred to as interstate extradition, mandated by the Constitution, Art. 4, Sec. 2.

Generally under U. S. law (18 U.S.C. § 3184), extradition may be granted only pursuant to a treaty. However, some countries grant extradition without a treaty, and of those that do, most require an offer of reciprocity. Further, 18 U.S.C. 3181 and 3184 permit the United States to extradite, without regard to the existence of a treaty, 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. A list of countries with which the United States has an extradition treaty relationship can be found in the Federal Criminal Code and Rules, following 18 U.S.C. § 3181, but consult the Criminal Division's Office of International Affairs (OIA) to verify the accuracy of the information.

Because the law of extradition varies from country to country and is subject to foreign policy considerations, prosecutors must consult OIA on any matter relating to extradition before taking any action in such a case, especially before contacting any foreign official.

If the fugitive is not subject to extradition, other steps may be available to return him or her to the United States or to restrict his or her ability to live and travel overseas.

See

JM 9-15.600

et seq

.

to foreign policy considerations, prosecutors must consult OIA on any matter relating to extradition before taking any action in such a case, especially before contacting any foreign official.

If the fugitive is not subject to extradition, other steps may be available to return him or her to the United States or to restrict his or her ability to live and travel overseas.

See

JM 9-15.600

et seq

.

If a fugitive is apprehended only after a long delay, a prosecutor may have to litigate a motion alleging a constitutional speedy trial violation if extradition has not been sought or the Government has not been actively pursuing other steps to return the fugitive to the United States. All decisions to pursue or not to pursue extradition or other measures to obtain custody of the fugitive should be documented to prepare for any eventual speedy trial motion.

[updated April 2018]