7 FAM 1600
THE CONSULAR ROLE IN INTERNATIONAL EXTRADITION
7 FAM 1610
INTRODUCTION
(CT:CON-804; 04-30-2018)
(Office of Origin: CA/OCS)
7 FAM 1611 SUMMARY
(CT:CON-595; 08-06-2015)
This chapter provides instructions on actions and
procedures required by posts abroad regarding extradition cases. Extradition
is the process by which a person located in one country is surrendered to
another country for trial or punishment.
7 FAM 1612 international extradition terms and DEFINITIONS
(CT:CON-595; 08-06-2015)
Certification of Extraditability:
After a judicial hearing conducted by a U.S. district judge or magistrate judge
(hereafter, "extradition judge"), the document signed by the
extradition judge certifying to the Secretary of State that the fugitive may be
extradited to the requesting state, and committing the fugitive to custody
pending the final decision by the Secretary of State or his or her delegate whether to authorize
extradition.
Dual (or Double) Criminality:
A threshold requirement in extradition, that the conduct for which extradition
is sought must be a crime under the laws of both the requesting and the
requested countries.
Escort agents: Officers
designated to take custody of a fugitive and return the fugitive from the
requested state to the requesting state that sought extradition. Escort agents
accompanying fugitives back to the United States are most likely to be U.S.
Marshals.
Extraditable offense: A serious
crime, generally punishable by more than one years imprisonment, for which
extradition may be granted; treaties may list extraditable crimes or provide
broadly that crimes that meet the dual criminality requirement are
extraditable.
Extradition: The formal
process whereby a fugitive from justice is surrendered by one state to another
for trial or punishment, generally pursuant to a treaty. The process applies
to persons who are accused of having committed an offense, to persons convicted
but not yet sentenced, and to persons who were sentenced and thereafter fled or
escaped prior to completion of the sentence. Extradition is not ordered for
persons who are simply under investigation or suspected of a crime.
Extradition request: The
formal request for the extradition of a fugitive. It is made by diplomatic
note, accompanied by supporting documents, and translated into the language of
the requested state.
Extradition treaty: The formal
agreement between two countries obligating the parties to extradite fugitives
and setting forth the conditions under which extradition may be carried out.
Final review: The process of
review in the Office of the Legal Adviser of the record of an extradition
hearing and the certification of extraditability, preliminary to presentation
of the case to the Secretary or his or her
delegate for decision on whether to extradite the fugitive.
Fugitive: A person accused or
convicted of a crime in one jurisdiction and located in another jurisdiction.
Though called a fugitive, it is not necessary that the person deliberately fled
the first jurisdiction in order to avoid arrest and prosecution.
Habeas corpus petition: Under
U.S. procedures, the method by which a fugitive may obtain further judicial
review in the District Court of the extradition judges finding of
extraditability. The courts decision on the habeas petition can be appealed
to a federal circuit court of appeals.
Judicial hearing: In the
requested state, a court proceeding, which may
lack the formalities of a trial, to determine whether a fugitive is
extraditable to the requesting state. In the United States, a federal district
judge or magistrate judge serves as the extradition judge and conducts the
judicial hearing.
Provisional arrest: The
interim apprehension and detention of a fugitive in cases of urgency, to
prevent the fugitives flight while the formal extradition request and
supporting documents are being prepared. Treaties generally require that the
formal extradition request be submitted within a treaty deadline, which is
commonly between 40 and 60 days after the provisional arrest. Failure to
submit the request within the deadline may result in the release of the
fugitive, and in rare instances may also bar the fugitives re-arrest after the
requested state receives the formal extradition request.
Requested state: The state to
which an extradition request is made, and the state to determine if the
fugitive is extraditable.
Requesting state: The state
that makes an extradition request for the return of the fugitive.
Rule of Specialty: A
principle, reflected in virtually all extradition treaties, under which the
requesting state may, after the fugitive has been surrendered to it, prosecute
or punish the fugitive only for the crime or crimes for which extradition was
granted, subject to certain exceptions.
Simplified extradition: This procedure, which is available in some
countries, is essentially an uncontested extradition whereby the fugitive
agrees to be extradited. Unlike waivers of extradition, in a simplified
extradition the requested state may require the requesting state to submit the
full extradition package and may issue a surrender warrant that specifies the
crimes for which extradition is ordered, thus providing the protections of the
rule of specialty.
Stay of extradition: A
judicial order temporarily barring the surrender of a fugitive, usually to
allow the opportunity to seek further judicial review.
Surrender warrant: A document
(which is sometimes also called a transfer order) signed by an authorized
official in the requested state authorizing the person or agency having custody
of a fugitive to surrender the fugitive to escort agents of the requesting
state. In the United States the Secretary of State or his or her delegate, a
Deputy Secretary of State, or the Under Secretary of State for Political
Affairs are authorized to sign a surrender warrant.
Time of commitment: The time
within which the fugitive certified extraditable must be surrendered to the
requesting state. In the United States, 18 U.S.C. 3188, as interpreted by
judicial decisions, ordinarily permits a fugitive
to petition for release if he or she has not been transferred within 2 calendar months of the certification of
extraditability or the last judicial action.
Treaty deadline: The last day
of the period stipulated in a treaty, usually 40 to 60 days, for the submission
of a formal request to the requested state for the extradition of a fugitive
following provisional arrest. Some countries require that the request and
documents be submitted to the ministry of foreign affairs by the treaty
deadline; others require that they be submitted to the judicial authority.
When the United States is the requested state, absent any specific treaty
provision to the contrary, U.S. courts generally deem the submission to be
within the treaty deadline if the request and documents are presented either to
the Department of State, in Washington, DC, or to the U.S. embassy in the
requesting state.
Waiver of extradition: Action
by a fugitive who voluntarily waives his or her right to a certification of
extraditability and to the protections of the rule of specialty. U.S.
extradition judges will accept knowing and voluntary waivers. Some countries
do not allow fugitives to waive extradition and specialty protections, but
provide simplified extradition instead.
Waiver of the Rule of Specialty:
After the fugitive has been surrendered to the requesting state, the process by
which the requested state formally grants permission to prosecute or punish the
fugitive for crimes other than those for which he or she was extradited. In
the United States, the Secretary of State waives specialty, after consultation
with the Department of Justice. In many other countries requests for waivers
are submitted to the court.
7 FAM 1613 AUTHORITIES
7 FAM 1613.1 Authorities Under
U.S. Law
(CT:CON-595; 08-06-2015)
a. U.S. law on international extradition is set forth
in Chapter 209 ("Extradition") of Title 18 ("Crimes and Criminal
Procedure") of the United States Code, Sections 3181 through 3196 (cited
hereinafter in this chapter as 18 U.S.C. 3181, et seq.):
18 U.S.C. 3181 Scope and Limitation of Chapter
18 U.S.C. 3182 Fugitives from State or Territory to State,
District, or Territory
18 U.S.C. 3183 Fugitives from State, Territory, or Possession
into Extraterritorial Jurisdiction of United States
18 U.S.C. 3184 Fugitives from Foreign Country to United States
18 U.S.C. 3184 Fugitives from Country under Control of United
States into the United States
18 U.S.C. 3186 Secretary of State to Surrender Fugitive
18 U.S.C. 3187 Provisional Arrest and Detention within Extraterritorial
Jurisdiction
18 U.S.C. 3188 Time of Commitment Pending Extradition
18 U.S.C. 3189 Place and Character of Hearing
18 U.S.C. 3190 Evidence on Hearing
18 U.S.C. 3191 Witnesses for Indigent Fugitives
18 U.S.C. 3192 Protection of Accused
18 U.S.C. 3193 Receiving Agents Authority over Offenders
18 U.S.C. 3194 Transportation of Fugitive by Receiving Agent
18 U.S.C. 3195 Payment of Fees and Costs
18 U.S.C. 3196 Extradition of United States Citizen
b. Under current U.S. law (18 U.S.C. 3184), extradition
may be granted only pursuant to an extradition treaty, subject to certain narrow exceptions.
c. The United States currently has extradition
treaties in force with over 100 countries. In some cases, there may be
multiple treaties in force with a single country, including supplementary
treaties or protocols that amend the basic treaty by adding extraditable crimes
or changing the process or the grounds for refusing extradition. In addition,
the Extradition Agreement between the United States and the European Union,
which entered into force on February 1, 2010, amends and supplements certain
provisions in the bilateral extradition treaties currently in force with EU
member states: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark,
Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia,
Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania,
Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.
d. Treaties may also continue in force with successor
nations; for example, our extradition treaty with Yugoslavia applies to the
countries of Serbia, Montenegro, Bosnia, Croatia and the Former Republic of
Macedonia as successor states, and a 1931 extradition treaty with the United
Kingdom continues to be applicable to a number of
independent nations that were British territories at the time the treaty
entered into force. All extradition treaties are included in the most recent
edition of Treaties in Force available on the U.S. Department of State Internet
site. A list of extradition treaties may also be accessed at 18 U.S.C. 3181
Notes, though the information found at this site should be verified by then
checking Treaties in Force. See also the CA/OCS Intranet Treaties feature.
e. Although nominally in force, some U.S. extradition
treaties currently may not be implemented, because of policy or practical
reasons.
f. A list of all
extradition treaties currently in force between the United States and other
countries can be found at Treaties in Force.
7 FAM 1613.2 Authorities Under
Foreign Law
(CT:CON-100; 02-07-2005)
a. Like the United States, many countries request or
grant extradition only on the basis of a treaty. Other countries do not
require the existence of an extradition treaty, but may extradite a fugitive to
another country as a matter of comity, in accordance with their domestic
extradition laws.
b. Countries may also deport or expel fugitives without
regard to, or in the absence of, extradition treaties if such deportation or
expulsion is permitted under their law and is deemed to be in the national
interest (see 7
FAM 1642).
7 FAM 1613.3 List Treaties, Dual
Criminality Treaties, and Multilateral Conventions
(CT:CON-595; 08-06-2015)
a. The principle of "dual criminality"
underlies most extraditions. It reflects
the internationally accepted understanding that a requested state will only
extradite a person for prosecution or punishment if the alleged or proven conduct,
had it occurred in the territory of the requested state, would also be deemed
criminal. In addition, the crime must be regarded as serious in both the
requesting and requested countries. The seriousness of a crime is measured by
the potential punishment. In general,
treaties will require that the extraditable crime be punishable under the laws
of both countries by at least one year of imprisonment.
b. "List" extradition treaties stipulate the
precise offenses for which extradition will be granted. The offenses are
listed either in the body of the treaty or in an appendix or annexed schedule.
c. The modern trend in extradition treaties is the use
of dual criminality as the basis of extradition rather than a list of specific
offenses. The requirement of dual criminality allows the treaty to be
applicable to acts that may not have been recognized by both parties as crimes
until sometime after the treaty entered into force. All recent U.S.
extradition treaties are dual criminality treaties.
d. There is also an increasing reliance on multilateral
conventions that obligate the parties to criminalize certain kinds of conduct as for example, the 1970 Convention for the
Suppression of Unlawful Seizure of Aircraft (Hijacking), and the 1988 United
Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances, and to prosecute or extradite persons charged with or convicted of
such conduct. Older list extradition treaties typically do not apply to such
contemporary crimes as narcotic drug trafficking, aircraft hijacking, parental
child abduction, money laundering, and terrorism. If two states that are party
to a bilateral list extradition treaty are also party to a multilateral
convention, the multilateral convention will supplement the list treaty to make
extraditable the offense that is the subject of the convention. Some states
also will extradite to another state that is party to a multilateral convention
even if there is no existing bilateral extradition treaty. As a matter of
practice, the United States does not extradite, based solely on a multilateral
convention, to a state with which we have no bilateral treaty.
7 FAM 1613.4 Treaty Grounds for
Denying Extradition
(CT:CON-595; 08-06-2015)
a. Extradition treaties provide specific grounds for
denying extradition. Common treaty provisions allow denial if the crime is too
stale under the laws of the requested or requesting state, or both; if the
fugitive was convicted or acquitted of the same conduct in the requested state;
if the crime is a military offense; or if the crime is a political offense.
Recent treaties, however, provide that the political offense ground will not be
applied to certain violent crimes, and multilateral conventions addressing
serious crimes like genocide and terrorism disallow the application of a
political offense exception to those crimes.
b. Some dual criminality treaties also allow denial of
extradition if the crime is a fiscal (tax) offense.
c. Some older treaties
allow denial of extradition if the fugitive is a national of the requested
state. In those instances, the requested states domestic law typically gives it jurisdiction to prosecute the
fugitive for the foreign crime and the treaty may
impose some obligation on the requested state to consider initiating such a
prosecution. As a matter of policy, the United States no longer negotiates new
extradition treaties if the partner country is unwilling or unable to commit to
extradition of nationals.
d. A few extradition treaties also provide that
extradition may be denied for humanitarian reasons.
e. If the crime is one that can be punished by
imposition of the death penalty, most treaties provide that the requested state
can deny extradition unless the requesting state gives an assurance that the
death penalty will not be imposed or carried out. (See 7 FAM 1646.)
Even if the extradition treaty has no provision regarding the death penalty,
some states will refuse to extradite on humanitarian grounds if the fugitive
faces the possibility of a capital sentence. Finally, though almost all
extradition treaties are silent on this ground, some states may demand
assurances that the fugitive will not be sentenced to life in prison, or even
that the sentence imposed will not exceed a specified term of years. Such demands generally violate countries'
obligations under the relevant treaty.
7 FAM 1614 U.S. GOVERNMENT
RESPONSIBILITIES
7 FAM 1614.1 Roles of Departments
of State and Justice
(CT:CON-595; 08-06-2015)
a. The Department of State and the Department of
Justice are responsible for international extradition. The Office of the Legal
Adviser, specifically its Office of Law Enforcement and Intelligence (L/LEI), carries out the State Departments extradition
responsibilities. Within the Justice Department, the Office of International
Affairs (DOJ/CRIM/OIA), hereinafter OIA, carries out extradition
responsibilities.
b. L/LEI is one of 23 geographic
and functional units of the Office of the Legal Adviser in the Department of
State. Its attorneys and extradition specialists
carry out the extradition responsibilities and, in the course of their
functions, may authorize telegraphic and other communications to the field.
(See 1 FAM
246.8.)
c. OIA, in the Criminal Division of the Department of
Justice provides advice and assistance to state and federal prosecutors in
extradition matters. OIA also coordinates and reviews all requests to and from
foreign governments for the extradition of fugitives, working in close
coordination with L/LEI.
d. Consular officers carry out consular prison
visitation and other consular services for
incarcerated or detained fugitives who are U.S. citizens.
e. The Office of Legal
Affairs and Law Enforcement Liaison, Legal Affairs division in the Bureau of
Consular Affairs Passport Directorate (CA/PPT/S/L/LA) instructs posts on
the documentation of U.S. citizen fugitives for reentry into the United
States. CA/PPT/S/L/LA also cooperates
with OIA and L/LEI in appropriate cases by revoking or limiting the passports
of U.S. citizen fugitives (7 FAM 1642), to
facilitate their deportation or expulsion by foreign countries to the United
States.
f. Consular
officers also issue appropriate travel documents for the return of fugitives (7 FAM 1625.4),
and they may also be requested to assist with preparation or transmission of extradition
documents and liaison between OIA and L/LEI and host government officials (see
especially subchapters 1620 and 1630), depending on the presence of DOJ and FBI
representatives at post and the RSO or other DOS offices participation in the
extradition process.
g. The Bureau of
Diplomatic Security (DS/DSS/OP) has authorized its Regional Security Officers,
based at various U.S. Foreign Service posts, to provide information to local
authorities about fugitives from U.S. justice and assist, as requested by the
posts, in the extradition or deportation of fugitives.
h. The
Department's geographic and functional bureaus also advise L/LEI on politically
sensitive extradition cases and those with public relations aspects or
Congressional interest.
7 FAM 1614.2 Other U.S. Government
Participation
(CT:CON-595; 08-06-2015)
a. INTERPOL (The International Police Organization), of
which the United States is a member, plays a major role in locating fugitives.
INTERPOL issues red notices, which are in effect international all points
bulletins. Some countries also view red notices as international arrest
warrants and, in effect, international requests for provisional arrest. The
United States does not provisionally arrest a person simply because of a red
notice.
b. Other U.S. Government agencies with direct
involvement in international extradition include the U.S. Marshals Service,
which transports fugitives from overseas and occasionally returns them to
foreign countries, and the Department of Homeland Security (to which the
responsibilities of the former Immigration and Naturalization Service have been
relocated), which authorizes the entry of alien fugitives extradited to the
United States. The Federal Bureau of Investigation, the Drug Enforcement
Administration, and customs officers within DHS may also assist in locating and transporting fugitives abroad.
c. Additionally, there
is an increasing presence overseas of DOJ and FBI personnel who may also be
taking on responsibilities at post in the extradition process.
7 FAM 1615 EXTRADITION PROCESS: U.S.
REQUESTS TO FOREIGN COUNTRIES
(CT:CON-595; 08-06-2015)
a. No provisional arrest or
extradition of a fugitive from the United States who is found in a
foreign country should be initiated except through a U.S. post abroad on instructions from the
Department (L/LEI) (unless initiated by a red
notice or through a direct provisional arrest request from OIA to their foreign
counterparts, as allowed for under some modern treaties).
b. The extradition process begins when a state or
federal prosecutor requests that a fugitive known or believed to be located in
a foreign country be returned for prosecution or punishment. In the United
States, the prosecutor works with the Department of Justice (OIA). The
prosecutor provides the necessary documents to OIA, which reviews them for
sufficiency under the extradition treaty. If the documents are sufficient, OIA
delivers them to the Department of State (L/LEI). L/LEI conducts a second
review of the request and, if it agrees that the request is sufficient,
transmits an instruction to the appropriate post (which is usually an Embassy,
but may also be a Consulate General, such as in Hong
Kong).
c. Typically, the post
submits extradition information to the foreign government formally by note
verbale requesting provisional arrest (on the basis of information) or the
extradition (with documents) of the fugitive.
d. If the foreign authorities deem that the case
against the fugitive is well founded and within the terms of the extradition
treaty, they will direct that the fugitive be apprehended. In most instances,
the fugitive will receive a judicial hearing (not a trial). If the court finds
the fugitive extraditable, the appropriate authorities of the requested state
will surrender the fugitive to the custody of U.S. escort agents for return to
the United States.
e. In cases of urgency, such as when the prosecutor
fears that the fugitive will leave the territory of a country with which the
United States has an extradition treaty or poses a
threat to persons or property, the United States may request the provisional
arrest of the fugitive. Some extradition treaties provide that provisional
arrest requests be made by diplomatic channels; others allow requests to be
made by a Ministry of Justice to its counterpart. After the fugitive has been
arrested, the requesting state must submit its formal extradition request within
the deadline provided in the treaty. The processes described above apply.
7 FAM 1616 EXTRADITION PROCESS:
FOREIGN REQUESTS TO THE UNITED STATES
(CT:CON-595; 08-06-2015)
a. A foreign governments request for the extradition
of a fugitive located in the United States must be addressed to the Department
of State. The request is generally made as a diplomatic note with accompanying
documents, by the government's embassy in Washington, D.C., to the Department
(L/LEI). If officials of the host country make the request directly to the
post, post must notify the Department (L/LEI).
b. When L/LEI receives the diplomatic note and
documents requesting extradition, it forwards a
copy of those documents to the Department of Justice (OIA) to facilitate its review, determines whether there is an
applicable treaty in force and then reviews
the request to see if it meets the treatys requirements. If L/LEI and OIA
jointly decide to pursue the extradition request, L/LEI will send the original
diplomatic note and documents to OIA under cover of a declaration attesting
that the request meets certain applicable treaty
requirements.
c. OIA then sends
the note, documents and L/LEI declaration to
the office of the U.S. Attorney in the district where the fugitive is located.
d. Once the fugitive is apprehended, an extradition
judge conducts a hearing to determine if:
(1) There is a treaty in force;
(2) The person arrested is in fact the person sought
by the requesting state;
(3) The crime of which the fugitive is accused is an extraditable
crime under the treaty;
(4) The request sets out probable cause to believe
that the fugitive committed the charged crime; and
(5) There are no treaty grounds requiring denial of
extradition. An Assistant U.S. Attorney represents the requesting state; the
fugitive is represented by a private attorney or court-appointed counsel.
e. If the fugitive is found extraditable, the District
Court certifies the record of the case to the Department of State for a final
decision whether to order extradition. If, upon reviewing the relevant
materials, the Secretary or his or her delegate agrees
to order extradition, he or she will sign the surrender warrant, and the
fugitive will be surrendered to the escort agents of the requesting state.
f. In cases of urgency, the foreign authorities may
ask the United States to effect a provisional arrest of the fugitive. If OIA
agrees to proceed on the provisional arrest, it forwards the information to the
U.S. Attorney in the district where the fugitive is located. The U.S. Attorney
applies to the court for an arrest warrant. If the fugitive is provisionally
arrested, the requesting state must submit its formal extradition request
within the deadline provided in the treaty. The processes described above then
apply.
7 FAM 1617 COMMUNICATIONS
7 FAM 1617.1 Timeliness and
Channels of Communications
(CT:CON-595; 08-06-2015)
a. Extradition operations are often time sensitive and
may require urgent communications between the Department and Foreign Service
posts. Extradition instructions are therefore sent to posts by IMMEDIATE
precedence telegrams. If the situation merits it, a NIACT cable may be sent,
but this is reserved for emergency situations only.
b. Post action officers may also be alerted by
telephone or email in cases requiring
immediate action.
c. Supporting documents for formal extradition
requests are sent to posts by express mail delivery. Occasionally, to meet a
treaty deadline, either a "pilot's package" or a special courier may
be used to hand-carry the documents. In all cases, the Department (L/LEI)
notifies the post by telegram of the action taken. (See 7 FAM 1623.1).
d. Most extradition cases are largely simple law
enforcement matters that may be handled by unclassified communications.
Exceptional cases, such as those involving political or other sensitivities,
however, may justify the use of classified communications.
e. Occasionally, U.S. prosecutors, police
investigators, or other law enforcement authorities directly contact the post
in an effort to obtain the immediate arrest or return of a fugitive. Post
should not act on such a request until it has sought and received instructions
from the Department. Post should immediately inform L/LEI of any such
request. Unauthorized and ill-conceived provisional arrest requests may cause
embarrassment to the post and to the U.S. Government.
f. Occasionally, post may be contacted by local officials in the host country, who are
prepared to arrest a person based on an Interpol Red Notice. (See 7 FAM 1613.2.)
Post should immediately inform L/LEI for advice.
|
NOTE: There is no objection to
providing status reports on individual extradition cases to the Department of
Justice or other interested U.S. Government agencies for their internal use only; please copy L/LEI on all
non-routine communications. Requests for other action, often received
by telephone or email, should not be
granted without the Department's authorization.
|
g. In extremely urgent situations, such as when a
located fugitive is transiting through another country or is in the process of
fleeing, an interested U.S. Government agency (DOJ, FBI, DEA, or DHS) may ask
the Embassy to immediately request a fugitive's provisional arrest. Many
treaties require the submission of provisional arrest requests through
diplomatic channels. In such cases, since all decisions to proceed with
provisional arrest require a review of the relevant extradition treaty, post
should seek approval by L/LEI before proceeding with the request by the most
expeditious means possible, i.e., by phone or email.
After hours, L/LEI personnel may be reached through the State Department
Operations Center.
7 FAM 1617.2 Telegraphic TAGS
(CT:CON-595; 08-06-2015)
a. Correct TAGS and subject line terms assist in the
proper distribution of extradition telegrams within the Department and to other
U.S. Government agencies. The subject TAGS for all extradition messages are CJAN and KCRM.
NOTE: The subject TAGS is also used for the related field of judicial
assistance, for which CA/OCS is the action office. The distinction between the
two functions is made by the use of "Extradition" or "Judicial
Assistance" in the subject line of the telegram.
b. Other TAGS used with CJAN include CASC (assistance
to U.S. citizens abroad, including arrest cases) and CPAS (passport and
citizenship services) when the extradition of a U.S. citizen is sought. When
the fugitive is a foreign national, CVIS (visa services for aliens) is used.
Other useful TAGS are SNAR (narcotic drug offenses), PTER (terrorism and
hijacking offenses), KOCI (for parental kidnapping cases) and PREL (violation
of U.S. arms control laws). Appropriate country TAGS must be used in all
cases.
7 FAM 1617.3 Telegraphic Captions
(CT:CON-595; 08-06-2015)
a. The Department's telegram to the field normally is
captioned for the officer at post responsible for extradition matters. If the
name of the officer is not known, the responsible section will be designated by
the symbol "CON" or "POL" as appropriate. As needed, the
telegram will also be captioned for "LEGATT" (FBI attache), "DEA
SAIC" (Special Agent in charge of DEA office), "CUS" (U.S.
Customs attache), "RSO" (Regional Security Officer) or other Embassy
officer, as warranted by the circumstances.
b. Post telegrams to the Department on extradition
matters should always be captioned for L/LEI, the primary action office. If
the telegram concerns the need for a travel document for a U.S. citizen fugitive, it should also be
captioned for CA/PPT/S/L/LA and CA/OCS.
7 FAM 1617.4 Email or Telegraphic Communication
(CT:CON-595; 08-06-2015)
Telephone calls between the Department and the field
should be avoided in favor of email or telegraphic communications, which
provide an easily distributed record of the message and the assurance that it
has been cleared and approved at the appropriate level in the Department or the
post. If the need for telephone communication arises in urgent cases, call the
Department (L/LEI), (202) 647-5111, or (202) 647-7324. After business hours,
the post should call the Department's Operations Center, (2O2) 647-1512.
7 FAM 1618 FISCAL RESPONSIBILITY
(CT:CON-595; 08-06-2015)
a. Most extradition
treaties require the costs of extradition
proceedings (other than translation of documents and costs associated with the transfer of the
fugitive) to be borne by the requested country.
b. Upon request by the requesting state, or when a
transfer out of the United States must be executed urgently, the U.S. Marshals
Service may return a fugitive to the requesting state on a cost reimbursement
basis. (See 7
FAM 1635.4.) In such cases, the Department (L/LEI)
or the Department of Justice will notify the post concerned of specific
arrangements by the most appropriate means of communication.
7 FAM 1619 FOREIGN SERVICE POST RESPONSIBILITIES
(CT:CON-595; 08-06-2015)
a. Posts involved in extraditions should designate an
officer and an alternate as responsible for extradition matters. In many instances, consular officers are assigned this
responsibility. At some posts, the political section is responsible for
extradition cases.
b. Foreign Service officers responsible for extradition
matters, in addition to being familiar with 7 FAM 1600, should be aware of the
provisions of the bilateral extradition treaty and have a working knowledge of
the penal and extradition laws of the host country, as well as local procedures
and practices regarding extradition. The responsible "extradition officer" must also be
conversant with procedures concerning host country requests for extradition
(see Subchapters 1620 and 1630).
c. The responsible officer should have at hand copies
of the country's extradition law, penal code and code of penal procedures. As
new laws and revisions come into effect, the officer should obtain and pouch
two copies to the Department, (for L/LEI and the Department of Justice) with a
translation if available.
d. Post extradition officers should identify the host
country officials responsible for extradition cases and seek to establish
cordial working relationships.
e. The post action officer will also have certain
coordinating activities with:
(1) The passport-issuing officer for providing travel
documents to U.S. citizen fugitives being transferred to U.S. custody;
(2) The visa officer for issuing letters of
transportation to extraditable alien fugitives being paroled into the United
States;
(3) The administrative section for making hotel and
meet-and-assist arrangements for U.S. escort agents and paying local costs
incurred in an extradition case, such as translation of documents at post;
(4) The notarial officer for certifying host country
documents for an extradition request to the United States; and
(5) The regional security officer for assistance in
appropriate cases.
f. The post action officer also should maintain
contact with the representatives at post of U.S. Government agencies with law
enforcement responsibilities such as FBI, DOJ, DEA,
DHS, and others as necessary.