§ 3508. — Custody and return of foreign witnesses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3508]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 223--WITNESSES AND EVIDENCE
Sec. 3508. Custody and return of foreign witnesses
(a) When the testimony of a person who is serving a sentence, is in
pretrial detention, or is otherwise being held in custody, in a foreign
country, is needed in a State or Federal criminal proceeding, the
Attorney General shall, when he deems it appropriate in the exercise of
his discretion, have the authority to request the temporary transfer of
that person to the United States for the purposes of giving such
testimony, to transport such person to the United States in custody, to
maintain the custody of such person while he is in the United States,
and to return such person to the foreign country.
(b) Where the transfer to the United States of a person in custody
for the purposes of giving testimony is provided for by treaty or
convention, by this section, or both, that person shall be returned to
the foreign country from which he is transferred. In no event shall the
return of such person require any request for extradition or extradition
proceedings, or proceedings under the immigration laws.
(c) Where there is a treaty or convention between the United States
and the foreign country in which the witness is being held in custody
which provides for the transfer, custody and return of such witnesses,
the terms and conditions of that treaty shall apply. Where there is no
such treaty or convention, the Attorney General may exercise the
authority described in paragraph (a) if both the foreign country and the
witness give their consent.
(Added Pub. L. 100-690, title VI, Sec. 6484(a), Nov. 18, 1988, 102 Stat.
4384.)
References in Text
The immigration laws, referred to in subsec. (b), are classified
generally to Title 8, Aliens and Nationality. See also section
1101(a)(17) of Title 8.
