18 U.S.C. § 3181 — Scope and limitation of chapter
submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 184 words · no verdicts yet
Extradition provisions generally remain in force only while an extradition treaty exists. A limited treaty-free surrender may occur for certain violent crimes against U.S. nationals if the Attorney General certifies specified facts.
(a) This chapter’s provisions about surrendering people who committed crimes in foreign countries remain in force only while an extradition treaty with that foreign government exists.
(b) As an exercise of comity, the chapter permits surrender without regard to such a treaty of a person who is not a U.S. citizen, national, or permanent resident and who committed a violent crime against a U.S. national in a foreign country, if the Attorney General certifies in writing that (1) the foreign government presented evidence indicating that, had the offense occurred in the United States, it would be a crime of violence as defined in section 16; and (2) the charged offense is not political.
(c) “National of the United States” has the meaning given in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)). This section does not define the term.
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.
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—
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
the offenses charged are not of a political nature.
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)).
Source credit: (June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 104–132, title IV, § 443(a), Apr. 24, 1996, 110 Stat. 1280.)
- 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 822
- 1996Amended · Pub. L. 104-132 · 110 Stat. 1280
A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.
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