§ 3292. — Suspension of limitations to permit United States to obtain foreign evidence.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3292]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 213--LIMITATIONS
Sec. 3292. Suspension of limitations to permit United States to
obtain foreign evidence
(a)(1) Upon application of the United States, filed before return of
an indictment, indicating that evidence of an offense is in a foreign
country, the district court before which a grand jury is impaneled to
investigate the offense shall suspend the running of the statute of
limitations for the offense if the court finds by a preponderance of the
evidence that an official request has been made for such evidence and
that it reasonably appears, or reasonably appeared at the time the
request was made, that such evidence is, or was, in such foreign
country.
(2) The court shall rule upon such application not later than thirty
days after the filing of the application.
(b) Except as provided in subsection (c) of this section, a period
of suspension under this section shall begin on the date on which the
official request is made and end on the date on which the foreign court
or authority takes final action on the request.
(c) The total of all periods of suspension under this section with
respect to an offense--
(1) shall not exceed three years; and
(2) shall not extend a period within which a criminal case must
be initiated for more than six months if all foreign authorities
take final action before such period would expire without regard to
this section.
(d) As used in this section, the term ``official request'' means a
letter rogatory, a request under a treaty or convention, or any other
request for evidence made by a court of the United States or an
authority of the United States having criminal law enforcement
responsibility, to a court or other authority of a foreign country.
(Added Pub. L. 98-473, title II, Sec. 1218(a), Oct. 12, 1984, 98 Stat.
2167.)
Effective Date
Section effective 30 days after Oct. 12, 1984, see section 1220 of
Pub. L. 98-473, set out as a note under section 3505 of this title.
Section Referred to in Other Sections
This section is referred to in section 3161 of this title.
