# Justice Manual § 9-15.300: Procedure in the Foreign Country

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-15.300

## Section

- **Citation:** Justice Manual § 9-15.300
- **Heading:** Procedure in the Foreign Country
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-15.000 - International Extradition And Related Matters / Justice Manual § 9-15.300

## Text

The Department of State will send the extradition documents and the translation, if any, to the U.S. Embassy in the foreign country, which will present them under cover of a diplomatic note formally requesting extradition to the appropriate agency of the foreign government, usually the foreign ministry. The request and supporting documents are then forwarded to the foreign court or other body responsible for determining whether the requirements of the treaty and the country's domestic law have been met.

In general, the foreign government's decision on the extradition request is based on the request itself and any evidence presented by the fugitive. Because the U.S. prosecutor will not have the opportunity to appear before the foreign court, the written submission, particularly the prosecutor's affidavit, must be as persuasive as possible. This is essential when the charges are based on statutes unique to U. S. law, such as RICO or CCE.

Though factual defenses to extradition are limited, the fugitive may delay a decision through procedural challenges. The determination of extraditability is often subject to review or appeal. Prediction of the time required to return an individual to the United States is difficult and depends on the circumstances of the individual case and the practice of the foreign country involved.

[updated April 2018]

## Nearby sections

- [Justice Manual § 9-15.100 General Principles Related to Obtaining Fugitives from Abroad](https://www.frixlaw.com/law-library/statutes/JM_S9-15.100.md)
- [Justice Manual § 9-15.200 Procedures For Requesting Extradition From Abroad](https://www.frixlaw.com/law-library/statutes/JM_S9-15.200.md)
- [Justice Manual § 9-15.210 Role of the Office of International Affairs in Extradition Matters](https://www.frixlaw.com/law-library/statutes/JM_S9-15.210.md)
- [Justice Manual § 9-15.220 Determination of Extraditability](https://www.frixlaw.com/law-library/statutes/JM_S9-15.220.md)
- [Justice Manual § 9-15.230 Request for Provisional Arrest](https://www.frixlaw.com/law-library/statutes/JM_S9-15.230.md)
- [Justice Manual § 9-15.240 Documents Required in Support of Request for Extradition](https://www.frixlaw.com/law-library/statutes/JM_S9-15.240.md)
- [Justice Manual § 9-15.250 Procedure After Assembling Documents](https://www.frixlaw.com/law-library/statutes/JM_S9-15.250.md)
- [Justice Manual § 9-15.300 Procedure in the Foreign Country](https://www.frixlaw.com/law-library/statutes/JM_S9-15.300.md)
- [Justice Manual § 9-15.400 Return of the Fugitive](https://www.frixlaw.com/law-library/statutes/JM_S9-15.400.md)
- [Justice Manual § 9-15.500 Post Extradition Considerations—Limitations on Further Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-15.500.md)
- [Justice Manual § 9-15.600 Alternatives To Extradition](https://www.frixlaw.com/law-library/statutes/JM_S9-15.600.md)
- [Justice Manual § 9-15.610 Deportations, Expulsions, or Other Lawful Methods of Return](https://www.frixlaw.com/law-library/statutes/JM_S9-15.610.md)
- [Justice Manual § 9-15.630 Lures](https://www.frixlaw.com/law-library/statutes/JM_S9-15.630.md)
- [Justice Manual § 9-15.635 Interpol Red Notices](https://www.frixlaw.com/law-library/statutes/JM_S9-15.635.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-15.300. Check the current official text before relying on it. Not legal advice.