(a) If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the governor may, on behalf of the State and subject to the terms of the treaty, authorize the director of corrections and rehabilitation to consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of this State in the treaty.
(b) The transfer shall occur only if the receiving foreign country is on an approved list published by Amnesty International concerning that country's treatment of prisoners at the time of transfer. If the receiving country is not on an approved list as noted, the prisoner must consent to the prisoner's transfer to the receiving foreign country.