18 U.S.C. § 3184 — Fugitives from foreign country to United

Page 743 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3185 or chief magistrate of such demanding jurisdic- tion, or other person authorized to act, the offi- cer or representative of the United States vested with judicial authority to whom the demand has been made shall cause such fugitive to be ar- rested and secured, and notify the executive au- thorities making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear. If no such agent shall appear within three months from the time of the arrest, the prisoner may be discharged. The agent who receives the fugitive into his custody shall be empowered to transport him to the jurisdiction from which he has fled. (June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 107–273, div. B, title IV, § 4004(d), Nov. 2, 2002, 116 Stat. 1812.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 662c (Mar. 22, 1934, ch. 73, § 2, 48 Stat. 455). Said section 662c was incorporated in this section and sections 752 and 3195 of this title. Provision as to costs or expenses to be paid by the de- manding authority were incorporated in section 3196 of this title. Reference to the Philippine Islands was deleted as ob- solete in view of the independence of the Common- wealth of the Philippines effective July 4, 1946. The attention of Congress is directed to the prob- ability that this section may be of little, if any, pos- sible use in view of present world conditions. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 struck out ‘‘or the Panama Canal Zone,’’ after ‘‘possession of the United States’’ in first par. § 3184. Fugitives from foreign country to United States Whenever there is a treaty or convention for extradition between the United States and any foreign government, or in cases arising under section 3181(b), any justice or judge of the United States, or any magistrate judge author- ized so to do by a court of the United States, or any judge of a court of record of general juris- diction of any State, may, upon complaint made under oath, charging any person found within his jurisdiction, with having committed within the jurisdiction of any such foreign government any of the crimes provided for by such treaty or convention, or provided for under section 3181(b), issue his warrant for the apprehension of the person so charged, that he may be brought before such justice, judge, or magistrate judge, to the end that the evidence of criminality may be heard and considered. Such complaint may be filed before and such warrant may be issued by a judge or magistrate judge of the United States District Court for the District of Columbia if the whereabouts within the United States of the person charged are not known or, if there is rea- son to believe the person will shortly enter the United States. If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or conven- tion, or under section 3181(b), he shall certify the same, together with a copy of all the testi- mony taken before him, to the Secretary of State, that a warrant may issue upon the req- uisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention; and he shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made. (June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 90–578, title III, § 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 100–690, title VII, § 7087, Nov. 18, 1988, 102 Stat. 4409; Pub. L. 101–647, title XVI, § 1605, Nov. 29, 1990, 104 Stat. 4843; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 104–132, title IV, § 443(b), Apr. 24, 1996, 110 Stat. 1281.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 651 (R.S. § 5270; June 6, 1900, ch. 793, 31 Stat. 656). Minor changes of phraseology were made. Editorial Notes AMENDMENTS 1996—Pub. L. 104–132, in first sentence, inserted ‘‘or in cases arising under section 3181(b),’’ after ‘‘United States and any foreign government,’’ and ‘‘or provided for under section 3181(b),’’ after ‘‘treaty or conven- tion,’’ and in third sentence, inserted ‘‘or under section 3181(b),’’ after ‘‘treaty or convention,’’. 1990—Pub. L. 101–647 inserted ‘‘or, if there is reason to believe the person will shortly enter the United States’’ after ‘‘are not known’’ in second sentence. 1988—Pub. L. 100–690 inserted after first sentence ‘‘Such complaint may be filed before and such warrant may be issued by a judge or magistrate of the United States District Court for the District of Columbia if the whereabouts within the United States of the person charged are not known.’’ 1968—Pub. L. 90–578 substituted ‘‘magistrate’’ for ‘‘commissioner’’ in two places. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ substituted for ‘‘mag- istrate’’ wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amend- ment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. § 3185. Fugitives from country under control of United States into the United States Whenever any foreign country or territory, or any part thereof, is occupied by or under the control of the United States, any person who, having violated the criminal laws in force there- in by the commission of any of the offenses enu- merated below, departs or flees from justice therein to the United States, shall, when found therein, be liable to arrest and detention by the