§ 3193. — Receiving agent's authority over offenders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3193]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 209--EXTRADITION
Sec. 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 convey 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., Sec. 660 (R.S. Sec. 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.
Ex. Ord. No. 11517. Issuance and Signature by Secretary 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 requested 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 provisions 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 prisoner'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 ordered as follows:
Section 1. The Secretary of State is hereby designated 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
government of any person accused of a crime committed within 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 respect 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.