Extradition Treaty Law and Procedure – Part 2

United States Statutory Provisions

In the mid 1800’s Congressional legislation was passed which permitted the appointment of officers and authorized others to carry out the provisions of treaties between the United States and England, and between the United States and France. This legislation has remained in large part the foundation of the laws governing the implementation of this country’s extradition protocols with regard to extradition from the United States.

Three important changes to extradition laws should be noted. First, in 1988 and again in 1990, Congress amended the extradition laws to permit the filing of a complaint (request for extradition) and issuance of a warrant of apprehension even though the person sought within the United States was unknown or the person was known but the requesting nation had reason to believe that while not presently in the United States, that person would shortly enter the United States (Title 18 U.S.C. § 3184). Second, in 1990, Congress enacted legislation effectively overruling a Supreme Court decision barring extradition of United States nationals (Title 18 U.S.C. § 3196). And finally, in 1996, as a part of the antiterrorism bill, Congress amended extradition statutes granting countries having no extradition treaty with the United States, rights to make requests for extradition of persons who are neither United States nationals nor permanent residents, yet who commit crimes of violence against United States nationals in the requesting country (Title 18 U.S.C. § 3181(b)).

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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