DOJ Extradition Treaty Overview Memo (Jan 1, 2006)

» X y ° ‘ . e . UNITED STATES EXTRADITION TREATIES (January 1, 2006) Stewart C. Robinson Deputy Director Office of International Affairs United States Department of Justice International extradition is the formal process by which a person found in one country is surrendered to another country for trial or punishment. The process is regulated by treaty and conducted between the Federal Government of the United States and the government of a foreign country. It differs considerably from interstate rendition, commonly referred to as “interstate extradition”, mandated by the Constitution, Art. 4, Sec. 2. Below is a listing of extradition treaties signed by the United States. As indicated, not all of the treaties have entered into force as of the date this document was created. Please contact the Office of International Affairs, United States Department of Justice at (202) ; 514-0000 to determine the status of a particular treaty. Over the last few years, the United States has focused its efforts on replacing extradition treaties that have become outdated and obsolete, as well negotiating treaties with first time treaty partners. Our most recent treaties include the “dual criminality” approach rather than a listing of ' offenses for which extradition may be sought, clarify the procedures for provisional arrest, permit extradition whether the extraditable offense occurred before or after the treaty enters into force, allow the person sought to waive extradition, and permit temporary transfer of a fugitive serving a sentence in one state in order to expedite prosecution in another. In our newer treaties, one of the priorities of the United States has been to address two extremely difficult problems: the extradition of nationals; and extradition where the fugitive may be subject to the death penalty in the Requesting state. Not all of our treaty partners have agreed to extradite under these circumstances, but the issue is specifically addressed. , ; The treaties highlighted “pending” in boldface, are treaties which have not entered into | force as of the date of this listing. The law of extradition varies from country to country and is subject to foreign policy considerations. The first step a prosecutor should take before considering any action relating to international extradition, is to contact the Office of International Affairs, United States Department of Justice, at (202) 514-0000. HOUSE_OVERSIGHT_021466