18 U.S.C. § 4107 — Verification of consent of offender to transfer from the United States

(a) Before transferring an offender from the United States, a United States magistrate judge or a judge defined in section 451 of title 28 must verify that the offender consents voluntarily and with full knowledge of the consequences. (b) The officer must ask whether the offender understands and agrees that: (1) only appropriate United States courts may change or set aside the conviction or sentence, and proceedings seeking that action may be brought only there; (2) the sentence will be carried out under the receiving country’s laws, which may change; (3) if a receiving-country court finds in a proceeding brought by or for the offender that the transfer violated that country’s treaty or laws, the offender may be returned to the United States to finish the sentence if the United States asks; and (4) verified consent cannot be withdrawn. (c) Before finding consent voluntary and informed, the officer must tell the offender about the right to consult counsel under this chapter. If the offender wants counsel, the officer must say the proceeding will continue until the offender has had that opportunity. (d) The officer must investigate whether consent is voluntary and free of promises, threats, or other improper inducements, and whether the offender accepts the conditions in (b). The Attorney General prescribes the form for consent and acceptance. (e) A reporter must record the proceeding or suitable sound equipment must record it. The Attorney General keeps the records.