Us Extradition Agreement

The U.S. federal structure can pose particular problems with extradition if the police power and the power of foreign relations are maintained at different levels of the federal hierarchy. In the United States, for example, most criminal prosecutions take place at the state level and most foreign relations take place at the federal level. Under the U.S. Constitution, foreign countries cannot have formal contractual relationships with sub-national entities as individual states; On the contrary, they can only have contractual relations with the federal government. As a result, a state wishing to prosecute a person abroad must make its extradition request through the federal government that will negotiate extradition with the foreign country. However, due to the constraints of federalism, all the conditions accepted by the federal government for extradition – such as the non-sentence of death – are not binding for some states. [27] D) Fees: The OIA advises prosecutors on the costs associated with the extradition request, including translation, express mail services, transportation and, if applicable, representation fees abroad. See JM 9-15.900. As a general rule, extradition can only be made under U.S.

law (18 U.S.C No. 3184) on the basis of a contract. However, some countries grant extradition without a contract, and those that do require an offer of reciprocity are most often required. In addition, 18 United States.C 3181 and 3184 authorize the United States to extradite, regardless of the existence of a contract, persons (except U.S. nationals, nationals or permanent residents) who have committed crimes of violence against U.S. nationals abroad. You will find a list of countries with which the United States has an extradition agreement in the Federal Penal Code and in criminal records us 18.C No. 3181, but consult the Office of International Affairs (OIA) of the Criminal Department to verify the accuracy of the information. Red message from Interpol.