18 U.S.C. § 3194 — Transportation of fugitive by receiving

Page 746 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3193 HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 659 (R.S. § 5275). Words ‘‘crimes or’’ before ‘‘offenses’’ were omitted as unnecessary. § 3193. Receiving agent’s authority over offenders A duly appointed agent to receive, in behalf of the United States, the delivery, by a foreign government, of any person accused of crime committed within the United States, and to con- vey him to the place of his trial, shall have all the powers of a marshal of the United States, in the several districts through which it may be necessary for him to pass with such prisoner, so far as such power is requisite for the prisoner’s safe-keeping. (June 25, 1948, ch. 645, 62 Stat. 825.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 660 (R.S. § 5276). Words ‘‘jurisdiction of the’’ were omitted in view of the definition of United States in section 5 of this title. Minor changes only were made in phraseology. Executive Documents EX. ORD. NO. 11517. ISSUANCE AND SIGNATURE BY SEC- RETARY OF STATE OF WARRANTS APPOINTING AGENTS TO RETURN FUGITIVES FROM JUSTICE EXTRADITED TO UNITED STATES Ex. Ord. No. 11517, Mar. 19, 1970, 35 F.R. 4937, provided: WHEREAS the President of the United States, under section 3192 of Title 18, United States Code, has been granted the power to take all necessary measures for the transportation, safekeeping and security against lawless violence of any person delivered by any foreign government to an agent of the United States for return to the United States for trial for any offense of which he is duly accused; and WHEREAS fugitives from justice in the United States whose extradition from abroad has been re- quested by the Government of the United States and granted by a foreign government are to be returned in the custody of duly appointed agents in accordance with the provisions of section 3193 of Title 18, United States Code; and WHEREAS such duly appointed agents under the pro- visions of the law mentioned above, being authorized to receive delivery of the fugitive in behalf of the United States and to convey him to the place of his trial, are given the powers of a marshal of the United States in the several districts of the United States through which it may be necessary for them to pass with such prisoner, so far as such power is requisite for the pris- oner’s safekeeping; and WHEREAS such warrants serve as a certification to the foreign government delivering the fugitives to any other foreign country through which such agents may pass, and to authorities in the United States of the powers therein conferred upon the agents; and WHEREAS it is desirable by delegation of functions heretofore performed by the President to simplify and thereby expedite the issuance of such warrants to agents in the interests of the prompt return of fugitives to the United States: NOW, THEREFORE, by virtue of the authority vested in me by section 301 of Title 3 of the United States Code, and as President of the United States, it is or- dered as follows: SECTION 1. The Secretary of State is hereby des- ignated and empowered to issue and sign all warrants appointing agents to receive, in behalf of the United States, the delivery in extradition by a foreign govern- ment of any person accused of a crime committed with- in the United States, and to convey such person to the place of his trial. SEC. 2. Agents appointed in accordance with section 1 of this order shall have all the powers conferred in re- spect of such agents by applicable treaties of the United States and by section 3193 of Title 18, United States Code, or by any other provisions of United States law. SEC. 3. Executive Order No. 10347, April 18, 1952, as amended by Executive Order No. 11354, May 23, 1967, is further amended by deleting numbered paragraph 4 and renumbering paragraphs 5 and 6 as paragraphs 4 and 5, respectively. RICHARD NIXON. § 3194. Transportation of fugitive by receiving agent Any agent appointed as provided in section 3182 of this title who receives the fugitive into his custody is empowered to transport him to the State or Territory from which he has fled. (June 25, 1948, ch. 645, 62 Stat. 825.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 663 (R.S. § 5279). Last sentence of said section 663, relating to rescue of such fugitive, was omitted as covered by section 752 of this title, the punishment provision of which is based on later statutes. (See reviser’s note under that sec- tion.) Minor changes were made in phraseology. § 3195. Payment of fees and costs All costs or expenses incurred in any extra- dition proceeding in apprehending, securing, and transmitting a fugitive shall be paid by the de- manding authority. All witness fees and costs of every nature in cases of international extradition, including the fees of the magistrate judge, shall be certified by the judge or magistrate judge before whom the hearing shall take place to the Secretary of State of the United States, and the same shall be paid out of appropriations to defray the ex- penses of the judiciary or the Department of Justice as the case may be. The Attorney General shall certify to the Sec- retary of State the amounts to be paid to the United States on account of said fees and costs in extradition cases by the foreign government requesting the extradition, and the Secretary of State shall cause said amounts to be collected and transmitted to the Attorney General for de- posit in the Treasury of the United States. (June 25, 1948, ch. 645, 62 Stat. 825; Pub. L. 90–578, title III, § 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 662, 662c, 662d, 668 (R.S. § 5278; Aug. 3, 1882, ch. 378, § 4, 22 Stat. 216; June 28, 1902, ch. 1301, § 1, 32 Stat. 475; Mar. 22, 1934, ch. 73, §§ 2, 3, 48 Stat. 455). First paragraph of this section consolidates provi- sions as to costs and expenses from said sections 662, 662c, and 662d. Minor changes were made in phraseology and surplus- age was omitted. Remaining provisions of said sections 662, 662c, and 662d of title 18, U.S.C., 1940 ed., are incorporated in sec- tions 752, 3182, 3183, and 3187 of this title. The words ‘‘or the Department of Justice as the case may be’’ were added at the end of the second paragraph in conformity with the appropriation acts of recent