18 U.S.C. § 3181
Section 3181 · Scope and limitation of chapter
This is the Extradition Treaties Interpretation Act of 1998
Amended 2 times on record
Applied in 78 court decisions — leading case People of the State of New York v. C O'Neill (1959)
Most recently applied in Aguasvivas v. Pompeo (January 2021)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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)).
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §658 (R.S. §5274).
Minor changes were made in phraseology.
Amendments
1996—Pub. L. 104–132 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
Judicial Assistance to International Tribunal for Yugoslavia and International Tribunal for Rwanda
Pub. L. 104–106, div. A, title XIII, §1342, Feb. 10, 1996, 110 Stat. 486, 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.
“(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.”
Extradition and Mutual Legal Assistance Treaties and Model Comprehensive Antidrug Laws
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.”
TREATIES OF EXTRADITION
The United States currently has bilateral extradition treaties with the following countries:
Apr. 29, 1935 Mar. 29, 1926Aug. 28, 1935 44 Stat. 2367.49 Stat. 3253. Denmark June 22, 1972 July 31, 1974 25 UST 1293. Dominica June 8, 1972 Jan. 21, 1977 28 UST 227. Dominican Republic June 19, 1909 Aug. 2, 1910 36 Stat. 2468. EcuadorDJune 28, 1872DNov. 12, 1873D18 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. EstoniaDNov. 8, 1923DNov. 15, 1924D43 Stat. 1849. Oct. 10, 1934 May 7, 1935 49 Stat. 3190. FijiDDec. 22, 1931DJune 24, 1935D47 Stat. 2122. Aug. 17, 1973 24 UST 1965. Finland June 11, 1976 May 11, 1980 31 UST 944. FranceDJan. 6, 1909DJuly 27, 1911D37 Stat. 1526. Feb. 12, 1970 Apr. 3, 1971 22 UST 407. Gambia Dec. 22, 1931 June 24, 1935 47 Stat. 2122. GermanyDJune 20, 1978DAug. 29, 1980D32 UST 1485. Oct. 21, 1986 Mar. 11, 1993 Ghana Dec. 22, 1931 June 24, 1935 47 Stat. 2122. GreeceDMay 6, 1931DNov. 1, 1932D47 Stat. 2185. Sept. 2, 1937 Sept. 2, 1937 51 Stat. 357. Grenada Dec. 22, 1931 June 24, 1935 47 Stat. 2122. GuatemalaDFeb. 27, 1903DAug. 15, 1903D33 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. HondurasDJan. 15, 1909DJuly 10, 1912D37 Stat. 1616. Feb. 21, 1927 June 5, 1928 45 Stat. 2489. Hungary Dec. 1, 1994 Mar. 18, 1997 IcelandDJan. 6, 1902DD32 Stat. 1096. Nov. 6, 1905 Feb. 19, 1906 34 Stat. 2887. India Dec. 22, 1931 Mar. 9, 1942 47 Stat. 2122. Iraq June 7, 1934 Apr. 23, 1936 49 Stat. 3380. Ireland July 13, 1983 Dec. 15, 1984 TIAS 10813. IsraelDDec. 10, 1962DDec. 5, 1963D14 UST 1707. Apr. 11, 1967 18 UST 382. Italy Oct. 13, 1983 Sept. 24, 1984 TIAS 10837. Jamaica June 14, 1983 July 7, 1991 Japan Mar. 3, 1978 Mar. 26, 1980 31 UST 892. Jordan Mar. 28, 1995 July 29, 1995 KenyaDDec. 22, 1931DJune 24, 1935D47 Stat. 2122. Aug. 19, 1965 16 UST 1866. Kiribati June 8, 1972 Jan. 21, 1977 28 UST 227. LatviaDOct. 16, 1923DMar. 1, 1924D43 Stat. 1738. Oct. 10, 1934 Mar. 29, 1935 49 Stat. 3131. 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. LithuaniaDApr. 9, 1924DAug. 23, 1924D43 Stat. 1835. May 17, 1934 Jan. 8, 1935 49 Stat. 3077. LuxembourgDOct. 29, 1883DAug. 13, 1884D23 Stat. 808. Apr. 24, 1935 Mar. 3, 1936 49 Stat. 3355. MalawiDDec. 22, 1931DJune 24, 1935D47 Stat. 2122. Apr. 4, 1967 18 UST 1822. Malaysia Aug. 3, 1995 June 2, 1997 Malta Dec. 22, 1931 June 24, 1935 47 Stat. 2122. Mauritius Dec. 22, 1931 June 24, 1935 47 Stat. 2122. Mexico May 4, 1978 Jan. 25, 1980 31 UST 5059. 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 TIAS 10733. 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. Paraguay May 24, 1973 May 7, 1974 25 UST 967. Peru Nov. 28, 1899 Feb. 22, 1901 31 Stat. 1921. Philippines Nov. 13, 1994 Nov. 22, 1996 PolandDNov. 22, 1927DJuly 6, 1929D46 Stat. 2282. Apr. 5, 1935 June 5, 1936 49 Stat. 3394. Portugal May 7, 1908 Nov. 14, 1908 35 Stat. 2071. RomaniaDJuly 23, 1924DApr. 7, 1925D44 Stat. 2020. Nov. 10, 1936 July 27, 1937 50 Stat. 1349. Saint Christopher and Nevis June 8, 1972 Jan. 21, 1977 28 UST 227. Saint Lucia June 8, 1972 Jan. 21, 1977 28 UST 227. Saint Vincent and the Grenadines June 8, 1972 Jan. 21, 1977 28 UST 227. San MarinoDJan. 10, 1906DJuly 8, 1908D35 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. SingaporeDDec. 22, 1931DJune 24, 1935D47 Stat. 2122. June 10, 1969 20 UST 2764. Slovac RepublicDJuly 2, 1925Apr. 29, 1935DMar. 29, 1926Aug. 28, 1935D44 Stat. 236749 Stat. 3253. Solomon Islands June 8, 1972 Jan. 21, 1977 28 UST 277. South Africa Dec. 18, 1947 Apr. 30, 1951 2 UST 884. SpainDMay 29, 1970DJune 16, 1971D22 UST 737. Jan. 25, 1975 June 2, 1978 29 UST 2283. Feb. 9, 1988 July 2, 1993 Sri Lanka Dec. 22, 1931 June 24, 1935 47 Stat. 2122. SurinameDJune 2, 1887DJuly 11, 1889D26 Stat. 1481. Jan. 18, 1904 Aug. 28, 1904 33 Stat. 2257. SwazilandDDec. 22, 1931DJune 24, 1935D47 Stat. 2122. July 28, 1970 21 UST 1930. SwedenDOct. 24, 1961DDec. 3, 1963D14 UST 1845. Mar. 14, 1983 Sept. 24, 1984 TIAS 10812. Switzerland Nov. 14, 1990 Sept. 10, 1997 TanzaniaDDec. 22, 1931DJune 24, 1935D47 Stat. 2122. Dec. 6, 1965 16 UST 2066. Thailand Dec. 30, 1922 Mar. 24, 1924 43 Stat. 1749. TongaDDec. 22, 1931DAug. 1, 1966D47 Stat. 2122. Apr. 13, 1977 28 UST 5290. Trinidad and Tobago Dec. 22, 1931 June 24, 1935 47 Stat. 2122. Turkey June 7, 1979 Jan. 1, 1981 32 UST 3111. Tuvalu DJune 8, 1972 DJan. 21, 1977 D28 UST 227. Apr. 25, 1980 32 UST 1310. United Kingdom June 8, 1972June 25, 1985 Jan. 21, 1977Dec. 23, 1986 28 UST 227.TIAS. Uruguay Apr. 6, 1973 Apr. 11, 1984 TIAS 10850. 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. 1 For the successor States of Yugoslavia, inquire of the Treaty Office of the United States Department of State. Convention on Extradition 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.