18 U.S.C. § 3181 Scope and Limitation of Chapter

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 18 U.S.C. § 3181

(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) ).

Cite as 18 U.S.C. § 3181

Source: June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 104-132, title IV, §443(a), Apr. 24, 1996, 110 Stat. 1280.

Notes from the Office of Law Revision Counsel

current through 5/22/2023

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., §658 (R.S. §5274).

Minor changes were made in phraseology.

EDITORIAL NOTES

AMENDMENTS

1996- Pub. L. 104-132 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EXTRADITION TREATIES INTERPRETATION

Pub. L. 105-323, 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, §13421342,, 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.