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exceed one hundred and eighty days. The time limits for the trial of cases of detained persons who are being detained solely because they are awaiting trial shall not be affected by the provisions of this section. (c)(1) If, prior to July 1, 1980, the chief judge of any district concludes, with the concurrence of the planning group convened in the district, that the district is prepared to implement the provisions of section 3162 in their entirety, he may apply to the judicial council of the circuit in which the district is located to implement such provisions. Such application shall show the degree of compliance in the district with the time limits set forth in subsections (b) and (c) of section 3161 during the twelve-calendar-month period preceding the date of such application and shall contain a proposed order and schedule for such implementation, which includes the date on which the provisions of section 3162 are to become effective in the district, the effect such implementation will have upon such district's practices and procedures, and provision for adequate notice to all interested parties. (2) After review of any such application, the judicial council of the circuit shall enter an order implementing the provisions of section 3162 in their entirety in the district making application, or shall return such application to the chief judge of such district, together with an explanation setting forth such council's reasons for refusing to enter such order. (d)(1) The approval of any application made pursuant to subsection (a) or (c) by a judicial council of a circuit shall be reported within ten days to the Director of the Administrative Office of the United States Courts, together with a copy of the application, a written report setting forth in sufficient detail the reasons for granting such application, and, in the case of an application made pursuant to subsection (a), a proposal for alleviating congestion in the district. (2) The Director of the Administrative Office of the United States Courts shall not later than ten days after receipt transmit such report to the Congress and to the Judicial Conference of the United States. The judicial council of the circuit shall not grant a suspension to any district within six months following the expiration of a prior suspension without the consent of the Congress by Act of Congress. The limitation on granting a suspension made by this paragraph shall not apply with respect to any judicial district in which the prior suspension is in effect on the date of the enactment of the Speedy Trial Act Amendments Act of 1979. (e) If the chief judge of the district court concludes that the need for suspension of time limits in such district under this section is of great urgency, he may order the limits suspended for a period not to exceed thirty days. Within ten days of entry of such order, the chief judge shall apply to the judicial council of the circuit for a suspension pursuant to subsection (a). -SOURCE- (Added Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat. 2085; amended Pub. L. 96-43, Sec. 10, Aug. 2, 1979, 93 Stat. 331.) -REFTEXT- REFERENCES IN TEXT The date of enactment of the Speedy Trial Act Amendments Act of 1979, referred to in subsec. (d)(2), means the date of enactment of Pub. L. 96-43, which was approved Aug. 2, 1979. -MISC1- AMENDMENTS 1979 - Pub. L. 96-43, Sec. 10(6), inserted "and implementation" in section catchline. Subsec. (a). Pub. L. 96-43, Sec. 10(1), inserted "as provided by subsection (b)". Subsec. (b). Pub. L. 96-43, Sec. 10(2), (3), substituted provisions authorizing the circuit judicial council, upon application of the chief judge of a district, to grant a suspension of the time limits prescribed by section 3161(c) of this title for provisions requiring such circuit council to apply to the Judicial Council of the United States for a suspension of such time limits and substituted provision placing a one hundred and eighty day limit on any time increase from indictment to trial for provision placing such limit for any increase from arraignment to trial. Subsec. (c). Pub. L. 96-43, Sec. 10(4), substituted provisions authorizing the chief judge of any district, with the approval of the planning group convened in such district, to apply to the circuit council to implement the provisions of section 3162 of this title at any time prior to the date the sanctions prescribed therein were to become effective, so long as there was concurrence that the district was prepared to fully implement the provisions of such section for provisions specifying the reporting requirements of this chapter, assuring involvement of the Congress in the suspension process, and guaranteeing that there be an interval of at least six months between consecutive suspension periods. See subsec. (d) of this section. Subsecs. (d), (e). Pub. L. 96-43, Sec. 10(5), added subsecs. (d) and (e). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3163, 3165, 3167 of this title. -End- -CITE- 18 USC CHAPTER 209 - EXTRADITION 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 209 - EXTRADITION -HEAD- CHAPTER 209 - EXTRADITION -MISC1- Sec. 3181. Scope and limitation of chapter. 3182. Fugitives from State or Territory to State, District, or Territory. 3183. Fugitives from State, Territory, or Possession into extraterritorial jurisdiction of United States. 3184. Fugitives from foreign country to United States. 3185. Fugitives from country under control of United States into the United States. 3186. Secretary of State to surrender fugitive. 3187. Provisional arrest and detention within extraterritorial jurisdiction. 3188. Time of commitment pending extradition. 3189. Place and character of hearing. 3190. Evidence on hearing. 3191. Witnesses for indigent fugitives. 3192. Protection of accused. 3193. Receiving agent's authority over offenders. 3194. Transportation of fugitive by receiving agent. 3195. Payment of fees and costs. 3196. Extradition of United States citizens. AMENDMENTS 1996 - Pub. L. 104-294, title VI, Sec. 601(f)(9), (10), Oct. 11, 1996, 110 Stat. 3500, inserted comma after "District" in item 3182 and after "Territory" in item 3183. 1990 - Pub. L. 101-623, Sec. 11(b), Nov. 21, 1990, 104 Stat. 3356, added item 3196. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 22 section 7432. -End- -CITE- 18 USC Sec. 3181 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 209 - EXTRADITION -HEAD- Sec. 3181. Scope and limitation of chapter -STATUTE- (a) 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. (b) 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 - (1) 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 (2) the offenses charged are not of a political nature. (c) 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- (June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 104-132, title IV, Sec. 443(a), Apr. 24, 1996, 110 Stat. 1280.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 658 (R.S. Sec. 5274). Minor changes were made in phraseology. AMENDMENTS 1996 - Pub. L. 104-132 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). EXTRADITION TREATIES INTERPRETATION Pub. L. 105-323, title II, Oct. 30, 1998, 112 Stat. 3033, provided that: "SEC. 201. SHORT TITLE. "This title may be cited as the 'Extradition Treaties Interpretation Act of 1998'. "SEC. 202. FINDINGS. "Congress finds that - "(1) each year, several hundred children are kidnapped by a parent in violation of law, court order, or legally binding agreement and brought to, or taken from, the United States; "(2) until the mid-1970's, parental abduction generally was not considered a criminal offense in the United States; "(3) since the mid-1970's, United States criminal law has evolved such that parental abduction is now a criminal offense in each of the 50 States and the District of Columbia; "(4) in enacting the International Parental Kidnapping Crime Act of 1993 (Public Law 103-173; 107 Stat. 1998; 18 U.S.C. 1204), Congress recognized the need to combat parental abduction by making the act of international parental kidnapping a Federal criminal offense; "(5) many of the extradition treaties to which the United States is a party specifically list the offenses that are extraditable and use the word 'kidnapping', but it has been the practice of the United States not to consider the term to include parental abduction because these treaties were negotiated by the United States prior to the development in United States criminal law described in paragraphs (3) and (4); "(6) the more modern extradition treaties to which the United States is a party contain dual criminality provisions, which provide for extradition where both parties make the offense a felony, and therefore it is the practice of the United States to consider such treaties to include parental abduction if the other foreign state party also considers the act of parental abduction to be a criminal offense; and "(7) this circumstance has resulted in a disparity in United States extradition law which should be rectified to better protect the interests of children and their parents. "SEC. 203. INTERPRETATION OF EXTRADITION TREATIES. "For purposes of any extradition treaty to which the United States is a party, Congress authorizes the interpretation of the terms 'kidnaping' and 'kidnapping' to include parental kidnapping." JUDICIAL ASSISTANCE TO INTERNATIONAL TRIBUNAL FOR YUGOSLAVIA AND INTERNATIONAL TRIBUNAL FOR RWANDA Pub. L. 104-106, div. A, title XIII, Sec. 1342, Feb. 10, 1996, 110 Stat. 486, provided that: "(a) Surrender of Persons. - "(1) Application of united states extradition laws. - Except as provided in paragraphs (2) and (3), the provisions of chapter 209 of title 18, United States Code, relating to the extradition of persons to a foreign country pursuant to a treaty or convention for extradition between the United States and a foreign government, shall apply in the same manner and extent to the surrender of persons, including United States citizens, to - "(A) the International Tribunal for Yugoslavia, pursuant to the Agreement Between the United States and the International Tribunal for Yugoslavia; and "(B) the International Tribunal for Rwanda, pursuant to the Agreement Between the United States and the International Tribunal for Rwanda. "(2) Evidence on hearings. - For purposes of applying section 3190 of title 18, United States Code, in accordance with paragraph (1), the certification referred to in that section may be made by the principal diplomatic or consular officer of the United States resident in such foreign countries where the International Tribunal for Yugoslavia or the International Tribunal for Rwanda may be permanently or temporarily situated. "(3) Payment of fees and costs. - (A) The provisions of the Agreement Between the United States and the International Tribunal for Yugoslavia and of the Agreement Between the United States and the International Tribunal for Rwanda shall apply in lieu of the provisions of section 3195 of title 18, United States Code, with respect to the payment of expenses arising from the surrender by the United States of a person to the International Tribunal for Yugoslavia or the International Tribunal for Rwanda, respectively, or from any proceedings in the United States relating to such surrender. "(B) The authority of subparagraph (A) may be exercised only to the extent and in the amounts provided in advance in appropriations Acts. "(4) Nonapplicability of the federal rules. - The Federal Rules of Evidence [set out in the Appendix to Title 28, Judiciary and Judicial Procedure] and the Federal Rules of Criminal Procedure [set out in the Appendix to this title] do not apply to proceedings for the surrender of persons to the International Tribunal for Yugoslavia or the International Tribunal for Rwanda. "(b) Assistance to Foreign and International Tribunals and to Litigants Before Such Tribunals. - [Amended section 1782 of Title 28, Judiciary and Judicial Procedure.] "(c) Definitions. - For purposes of this section: "(1) International tribunal for yugoslavia. - The term 'International Tribunal for Yugoslavia' means the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law in the Territory of the Former Yugoslavia, as established by United Nations Security Council Resolution 827 of May 25, 1993. "(2) International tribunal for rwanda. - The term 'International Tribunal for Rwanda' means the International Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighboring States, as established by United Nations Security Council Resolution 955 of November 8, 1994. "(3) Agreement between the united states and the international tribunal for yugoslavia. - The term 'Agreement Between the United States and the International Tribunal for Yugoslavia' means the Agreement on Surrender of Persons Between the Government of the United States and the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Law in the Territory of the Former Yugoslavia, signed at The Hague, October 5, 1994. "(4) Agreement between the united states and the international tribunal for rwanda. - The term 'Agreement between the United States and the International Tribunal for Rwanda' means the Agreement on Surrender of Persons Between the Government of the United States and the International Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighboring States, signed at The Hague, January 24, 1995." EXTRADITION AND MUTUAL LEGAL ASSISTANCE TREATIES AND MODEL COMPREHENSIVE ANTIDRUG LAWS Pub. L. 100-690, title IV, Sec. 4605, Nov. 18, 1988, 102 Stat. 4290, which directed greater emphasis on updating of extradition treaties and on negotiating mutual legal assistance treaties with major drug producing and drug-transit countries, and called for development of model treaties and anti-narcotics legislation, was repealed by Pub. L. 102-583, Sec. 6(e)(1), Nov. 2, 1992, 106 Stat. 4933. Pub. L. 100-204, title VIII, Sec. 803, Dec. 22, 1987, 101 Stat. 1397, provided that: "The Secretary of State shall ensure that the Country Plan for the United States diplomatic mission in each major illicit drug producing country and in each major drug-transit country (as those terms are defined in section 481(i) of the Foreign Assistance Act of 1961 [22 U.S.C. 2291(i)]) includes, as an objective to be pursued by the mission - "(1) negotiating an updated extradition treaty which ensures that drug traffickers can be extradited to the United States, or "(2) if an existing treaty provides for such extradition, taking such steps as may be necessary to ensure that the treaty is effectively implemented." Pub. L. 99-93, title I, Sec. 133, Aug. 16, 1985, 99 Stat. 420, provided that: "The Secretary of State, with the assistance of the National Drug Enforcement Policy Board, shall increase United States efforts to negotiate updated extradition treaties relating to narcotics offenses with each major drug-producing country, particularly those in Latin America." TREATIES OF EXTRADITION The United States currently has bilateral extradition treaties with the following countries: Country Date signed Entered into Citation force -------------------------------------------------------------------- Albania Mar. 1, 1933 Nov. 14, 1935 49 Stat. 3313. Antigua and June 3, 1996 July 1, 1999 Barbuda Argentina June 10, 1997 June 15, 2000 Australia May 14, 1974 May 8, 1976 27 UST 957. Sept. 4, 1990 Dec. 21, 1992 Austria Jan. 8, 1998 Jan. 1, 2000

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