UNCLASSIFIED (U)

7 FAM 480

INTERNATIONAL PRISONER TRANSFER PROGRAM

(CT:CON-1007; 04-19-2024)
(Office of Origin: CA/OCS)

7 FAM 481 Background AND AUTHORITIES

(CT:CON-971; 03-22-2023)

The International Prisoner Transfer Program (IPTP) began in 1977, when the United States negotiated the first in a series of treaties to permit the transfer of prisoners from the countries in which they had been convicted to their home countries. Once the transfer is completed, the home country becomes responsible for enforcing or administering the transferred sentences. More than 80 countries are now parties to either bilateral transfer treaties or multilateral prisoner transfer conventions with the United States (See Department of Justice, Criminal Division, Office of International Affairs, International Prisoner Transfer Program website for a list of participating countries). Prisoner transfers under the various treaties are available to U.S. citizens/non-citizen U.S. nationals incarcerated abroad as well as to foreign nationals incarcerated in the United States. Currently the United States transfers more foreign nationals from the United States than it receives U.S. citizens from other countries. Although most inmates who are transferred out of the United States under these treaties are federal prisoners, some U.S. states also actively participate in the IPTP.

7 FAM 481.1 Purpose

(CT:CON-971; 03-22-2023)

The treaties and implementing legislation are intended to:

(1) Enable the United States to return U.S. citizens incarcerated abroad, often under particularly harsh conditions, to the United States;

(2) Enable the United States to transfer foreign nationals incarcerated in the United States to their home countries to serve their remaining sentences;

(3) Relieve the special hardships that fall upon offenders incarcerated in foreign countries, far from home;

(4) Allow U.S. citizen prisoners' family members to visit the prisoners on a more regular basis;

(5) Facilitate the rehabilitation of these offenders; and

(6) Ameliorate the diplomatic and law enforcement tensions that may arise between nations when one country’s nationals are incarcerated in another country’s prisons.

7 FAM 481.2 Authorities and Statutory Requirements

(CT:CON-971; 03-22-2023)

a. The Attorney General of the United States is the designated Central Authority for prisoners transferring into and out of the United States. Pursuant to the power granted in 18 U.S.C. 4102(11), the Attorney General has delegated this authority to the International Prisoner Transfer Unit (IPTU), Office of International Affairs, in the Criminal Division, U.S. Department of Justice.

b. Federal implementing legislation is contained in 18 U.S.C. Part III Chapter 306, Sections 4100 – 4115 (18 U.S.C. 4100 - 18 U.S.C. 4115). The basic requirements for transfer include:

(1) A transfer agreement must exist between the United States and another country before a transfer can occur;

(2) A prisoner must be a citizen or national of the country to which he is seeking transfer;

(3) The sentencing country, the receiving or administering country, and the prisoner must all consent to the transfer;

(4) The offense being transferred must also constitute an offense in the receiving country at the time of transfer. This is referred to as “dual criminality”;

(5) The judgment must be final and no appeal can be pending that challenges the underlying conviction or sentence; and

(6) Prior to being transferred to or from the United States and after the sentencing and receiving countries have consented to the transfer, an offender must participate in a Consent Verification Hearing (CVH). The CVH ensures that the prisoner's consent is voluntary and given with full knowledge of the consequences of the transfer. The IPTU arranges the CVH, which is conducted by a U.S. federal magistrate judge. The prisoner has the right to advice of counsel and, if they are financially unable to afford counsel, counsel can be appointed for them pursuant to 18 U.S.C. 3006A. CVHs for transferring U.S. citizens are normally conducted 5-6 weeks before the physical transfer occurs. See 7 FAM 483, Consent Verification Hearing.

c. See also 28 CFR 527 Transfers, and 28 CFR 0.64-2, Delegation respecting transfer of offenders to or from foreign countries.

d. Consent Verification Hearings: Neither an inquiry nor even a request for transfer binds a prisoner prior to the CVH. Generally, once a prisoner gives final consent during the CVH, however, the consent may be irrevocable depending on the laws of the country where the hearing was held. For example, in the Netherlands, Dutch laws permit a prisoner to withdraw their consent while on Netherlands soil. Very rarely, a country may have sovereignty concerns over a U.S. magistrate judge conducting a judicial hearing in its country. If this is a serious issue, another U.S. official, such as a consular officer, can be commissioned to act as the verification officer.

e. Legal Representation: Prisoners have the right to consult an attorney at their expense, and to be represented by counsel at the CVH:

(1) A prisoner who cannot afford an attorney may request an appointed attorney at U.S. government expense.

(2) The Chief of the Defender Services Office, Administrative Office of United States Courts, will designate a federal public defender to respond to correspondence from the prisoner.

(3) The appointed attorney will travel to the host country and discuss with the prisoner the consequences of transferring.

(4) The appointed attorney will attend the CVH with the prisoner.

f. Minors and Mentally Ill Prisoners: The U.S. Department of Justice (DOJ), with the assistance of other government agencies, normally makes special arrangements for persons in these categories (See 18 U.S.C. 4102(8) and 18 U.S.C. 4102(9));

g. Physical Return: The United States Bureau of Prisons (BOP) takes custody of the transferee and arranges transportation to a federal facility;

h. No Appeals: Once a prisoner is transferred under the bilateral or multilateral treaty/convention to the United States, they cannot appeal or “attack” the foreign conviction in U.S. courts; and

i. Parole: Prisoners who are on parole from the authorities of a foreign country and who committed offenses on or after November 1, 1987, are not eligible for parole in the United States when transferred. However, each transferee is entitled to a Release Determination Hearing before the U.S. Parole Commission after transfer (See 7 FAM 483 and 8 U.S.C. 4106A).

Resources:

Council of Europe Tools for Implementation – Transfer of Sentenced Persons CETS 112

DOJ International Prisoner Transfer Program

UN Office of Drugs and Crime Handbook on the International Transfer of Sentenced Persons

7 FAM 481.3 Current Treaties

(CT:CON-971; 03-22-2023)

The transfer treaties and conventions to which the United States is a party require that:

(1) the transferring person must be a national or citizen of the country to which they are seeking transfer;

(2) the sentencing country, the receiving country, and the prisoner must all consent to the transfer;

(3) the judgment and sentence must be final with no pending appeals or collateral attacks on the judgment or conviction; and

(4) dual criminality must exist, meaning that the transferred offense must also constitute a crime in the receiving country.

7 FAM 481.3-1 Bilateral Treaties

(CT:CON-971; 03-22-2023)

a. The United States has bilateral prisoner transfer treaties with 11 countries or governments, most dating back to the late 1970s when the Department negotiated the first of these treaties with Mexico. It is also a party to two multilateral conventions related to prison transfers (see 7 FAM 481.3-2 and 7 FAM 481.3-3).

The United States has 11 bilateral prisoner transfer treaties in force in Bolivia, Canada, France, Marshall Islands, Mexico, Micronesia, Palau, Panama, Peru, Thailand, and Turkey.

b. See 7 FAM Exhibit 481 and Treaties in Force on the Department of State website. The text of individual treaties may be obtained from the website of the International Prisoner Transfer Unit, DOJ.

NOTE: Applications for prisoners seeking transfer to/from Canada, France, Panama, and Turkey are normally processed under the Council of Europe Convention, see 7 FAM 481.3-2.

c. In recent years, the United States has recommended that countries seeking to enter into a prisoner transfer relationship with the United States consider acceding to one of the two multilateral transfer conventions, which are available for accession by non-member States. (See 7 FAM 481.3-1; 7 FAM 481.3-2; and 7 FAM 488.1 Questions From The Host Government).

d. While there are some minor differences among provisions of the bilateral treaties, most include the following requirements for a prisoner transfer:

(1) Tripartite Agreement: The sentencing country, the receiving country, and the prisoner must all agree to the transfer;

(2) Finality of Judgment: the prisoner must be serving their final sentence, with no appeals pending, or other litigation challenging the validity of the conviction or sentence;

(3) Dual Criminality: the offense for which the prisoner was sentenced must be an offense in both the transferring and receiving countries at the time of transfer;

(4) Nationality/Citizenship: the prisoner requesting transfer must be a citizen or national of the country to which they are seeking transfer, and must establish their citizenship or nationality by appropriate documentation;

(5) Duration of Sentence: In the absence of exceptional circumstances, the length of time remaining on the prisoner’s sentence at the time of application must be sufficient to allow for the completion of the entire transfer process; most treaties require six months. (See 7 FAM 484); and

Note: the bilateral treaties with France and Thailand all require that a minimum of 12 months remain to serve on the sentence at the time of application.

(6) Restitution and Fines: Any outstanding fines and/or restitution must usually be paid before the transfer, although practices vary among countries.

7 FAM 481.3-2 Council Of Europe (COE) Multilateral Convention

(CT:CON-971; 03-22-2023)

a. The Council of Europe (COE) Convention on the Transfer of Sentenced Persons entered into force for the United States on July 1, 1985. Since that time, 64 nations have become parties to the COE Convention. A list of current participants may be found at 7 FAM Exhibit 481. A complete text of the Convention may be found on the COE web site under Convention Europe Treaty Series (CETS) CETS # 112, (see Treaties in Force).

Note: Article 19 of the COE Convention provides that even countries that are not members of the COE may be invited to become a party to the convention by a decision of the parties. The United States welcomes the accession of other states to the COE Convention; however, only member states may act as sponsors. If a country is interested in joining the COE Convention, post should contact L/CA's General Consular Issues Team (L/CA/POG/GC) at Legal-CA-POG-GC-DL@state.gov for guidance.

b. The following are the major provisions of the COE Convention as it affects U.S. prisoners abroad:

(1) Tripartite Agreement: The sentencing country, the receiving country, and the prisoner must all agree to the transfer;

(2) Finality of Judgment: the prisoner must be serving their final sentence, with no appeals pending or other litigation challenging the validity of the conviction or sentence;

(3) Dual Criminality: The offense for which the prisoner was sentenced must be an offense in both the transferring and receiving countries at the time of transfer;

(4) Nationality/Citizenship: The prisoner requesting transfer must be a citizen or national of the country to which they are seeking transfer, and must establish their citizenship or nationality by appropriate documentation;

(5) Duration of Sentence: In the absence of exceptional circumstances, prisoners with fewer than six months left to serve on their sentences at the time of application are generally not eligible for transfer;

Note: Article 3 Subparagraph 2 of the Convention does permit Parties, under exceptional circumstances, to agree to a transfer even if the time to be served is fewer than six months. Consult with CA/OCS/ACS and DOJ as early as possible if a case appears to merit transfer.

(6) Restitution and Fines: Any outstanding fines and restitution must generally be paid before the transfer, although practices vary among countries;

NOTE: The United States submitted a communication to the COE informing it that, with respect to U.S. state cases, the states must first consent to the transfer before the U.S. federal government can consider the case.

7 FAM 481.3-3 The Organization of American States (OAS) Multilateral Convention

(CT:CON-1007; 04-19-2024)

The Inter-American Convention on Serving Criminal Sentences Abroad (OAS Convention) entered into force for the United States on June 24, 2001. See 7 FAM 481 for a list of countries party to the Convention, and Treaties in Force. A complete text of the Convention and instruments of accession may be found online at the Organization of American States (OAS) Web site, Treaties, A-57. The following are the major provisions of the OAS Convention as it affects U.S. prisoners abroad:

Note: The OAS Convention provides that any State, even non OAS members, may join the treaty by accession. Acceding governments must deposit an instrument of accession with the General Secretariat of the Organization of American States. The United States welcomes the accession of other states to the OAS Convention. However, as a matter of policy, the United States does not sponsor individual foreign states.

(1) Tripartite Agreement: The sentencing country, the receiving country and the prisoner must all agree to the transfer. The OAS Convention also specifically requires that, in addition to the federal government, the individual U.S. states must also approve a transfer of the non-U.S. citizen of a member country being imprisoned by a state. This requirement has no impact on transferring U.S. citizens.

(2) Finality of Judgment: The prisoner must be serving their final sentence, with no appeals pending or other litigation challenging the validity of the conviction or sentence;

(3) Restitution or Fines Paid: Any outstanding fines and/or restitution must generally be paid before the transfer can be authorized;

Note: The DOJ advises that the United States does not view payment of fines as an absolute requirement.

(4) Dual Criminality: The offense for which the prisoner was sentenced must be an offense in both the transferring and receiving countries at the time of transfer;

(5) Nationality/Citizenship: The prisoner requesting transfer must be a citizen or national of the country to which they are seeking transfer, and must establish their citizenship by appropriate documentation;

(6) Duration of Sentence: At least six months of the sentence must be left at the time the transfer application is made. (See 7 FAM 484);

7 FAM 482 PRELIMINARY STEPS

(CT:CON-971; 03-22-2023)

While there are minor differences among the various treaties referenced above, they all require that a prisoner receive a final sentence, with no appeals pending, before they may formally request transfer. However, there are preliminary steps that you can take to assist a U.S. citizen/national prisoner before the formal application is filed.

7 FAM 482.1 Discussion With The Prisoner

(CT:CON-971; 03-22-2023)

a. Advise the prisoner of the applicability of an existing treaty, and provide basic information about the transfer process.

b. Get an initial indication as to whether or not the prisoner is interested in applying for a transfer.

NOTE: See the following U.S. Department of Justice resources:

 

U.S. Department of Justice Prisoner Transfer Information for Americans Incarcerated Abroad (September 2018)

 

U.S. Department of Justice - What Prisoners and Families Can Do

Note: Assure the prisoner that no decision made at this early point is final – a prisoner may initially request transfer and then change their mind up to the time of theCVH.

c. Ensure that the prisoner has, or obtains, documentary evidence of U.S. citizenship or nationality.

d. With the prisoner’s permission, provide interested family members with information on the transfer process.

Note: You may want to refer family members and other interested parties to:

DOJ International Prisoner Transfer Program website

7 FAM 482.2 Deciding Whether To Transfer

(CT:CON-971; 03-22-2023)

Each prisoner must decide if transfer is in their best interests. For example, some prisoners may spend less time incarcerated if they remain in the host country rather than transferring and having the United States administer their sentences.

7 FAM 482.2-1 The Consular Role In the Decision to Transfer

(CT:CON-971; 03-22-2023)

As a consular officer, you may not offer legal advice but may provide general information regarding the existence of a the transfer treaty, which the prisoner should discuss with their attorney. You should not attempt to assist prisoners in determining the merits of transfer in individual cases. However, you may assist with assembling the application package. You should refer the prisoner to the Defender Services Office of the Administrative Office of U.S. Courts and to the U.S. Department of Justice's International Prisoner Transfer Program.

7 FAM 482.2-2 The Prisoner’s Responsibilities in the Decision to Transfer

(CT:CON-971; 03-22-2023)

a. To make an informed decision as to whether to apply for transfer, the prisoner should review the document "Americans Incarcerated Abroad" on the U.S. Department of Justice's International Prisoner Transfer Program's webpages. If the prisoner has questions about how the sentence will be administered in the United States, the prisoner may write directly to:

Chief, Defender Services Division
Administrative Offices of the United States Courts
Washington DC 20544
ATTN: Prisoner Transfer Treaty Matters

b. In the letter, the prisoner should clearly state that they are seeking advice about international prisoner transfer and provide the following information to allow the Federal Public Defender (FPD) to give the best advice possible:

(1) Full name and any aliases;

(2) Date and place of birth;

(3) Date of the offense and date of arrest;

(4) Precise offense of conviction including any known statutory citations;

(5) Sentence imposed including any fines or restitution;

(6) Any projected release dates through parole or other form of early release;

(7) Any labor credits or other prison work credits that may be earned;

(8) A detailed description of the offense which includes the foreign government’s version of the offense. This description should include any mitigating or aggravating circumstances including whether a weapon was used or present when the offense was committed. If a drug offense is involved, the offense description should include the type of drugs involved and the quantity;

(9) A description of the prisoner’s role in the offense in relation to others who may have participated in the offense;

(10) Whether the prisoner cooperated, provided any confession or took any other action showing that he accepted responsibility for his unlawful conduct;

(11) An accurate description of their prior misdemeanor or felony record in the United States including prior sentences, whether they were under criminal justice supervision (probation, parole, or supervised release) at the time of the offense and whether any outstanding warrants exist against them; and

(12) An accurate mailing address where the prisoner can be reached.

 

7 FAM 482.2-3 The Role of the Defender Services Office, DOJ

(CT:CON-971; 03-22-2023)

a. The Defender Services Office will assign the prisoner’s letter to a Federal Public Defender (FPD) for review and response.

b. Once the case has been assigned, it usually takes an FPD four to eight weeks to respond.

c. If the prisoner has provided all the information listed in 7 FAM 482.2-2b, the FPD should be able to provide the prisoner with a reasonably-informed estimate of how the foreign sentence will be administered in the United States if the prisoner is transferred.

Note: While a prisoner is free to write to the Defender Services Office at any time, as a practical matter FPDs cannot provide specific information or opinions unless the prisoner has a final sentence, that is, they have been convicted, sentenced and all appeals have been completed.

7 FAM 482.3 Formally Requesting Transfer

(CT:CON-971; 03-22-2023)

a. If the prisoner wishes to transfer after consulting with the FPD, they should notify you of this interest. Application to transfer must be made to both the foreign government and to the International Prisoner Transfer Unit (IPTU) in the Criminal Division of the U.S. Department of Justice.

b. To apply for transfer with the INTU, the prisoner should complete a form indicating an interest in transferring and complete and sign the Prisoner Transfer Application Questionnaire. These documents are part of the “Transfer Packet” that the Department of Justice (DOJ) sends once it is aware that a prisoner is eligible for transfer. The consular section may already have a set of transfer forms and information sheets as the Justice Department sends this material to posts when each country becomes a party to the treaties, or the forms can be obtained directly from the IPTU. You may also make copies from the attached 7 FAM Exhibit 482.3.

c. The prisoner must apply with the foreign government as well as the United States government; both governments must approve the transfer.

7 FAM 482.3-1 The Consular Role In Requesting Transfer

(CT:CON-971; 03-22-2023)

The Consular role in this process will vary, depending on local circumstances.

(1) Most treaties provide for direct communication by the prisoner with the central authorities of both governments. You should, however, be prepared to assist the prisoner in assembling the necessary documents regarding the offense and sentence for the application package. This package will include the foreign sentencing documents, a summary and translation of the offense behavior and prison information, a copy of the travel documents or other proof of U.S. citizenship, and information regarding the prisoner's classification and conduct. Occasionally, it may also include an approval notice from the foreign government. Once the packet is assembled, it will be forwarded to the IPTU for review .

(2) A few treaties require a formal transmission of the transfer request through diplomatic channels to the central authorities. For these cases, you should prepare and submit the necessary documents under diplomatic note. (Japan, Republic of Korea, Peru, and Thailand are examples.)

7 FAM 482.4 Prisoner Transfer Case Summary

(CT:CON-971; 03-22-2023)

At this point, using the information in the questionnaire and post files, you should prepare the Prisoner Transfer Case Summary (see 7 FAM Exhibit 482.4) with as much detail as possible. The sample at 7 FAM Exhibit 482.4-1 may prove helpful.

7 FAM 482.4-1 Case Summary Key Items and Definitions

(CT:CON-971; 03-22-2023)

a. Name: Provide the name known to prison authorities; the real name, if different; the maiden name; and other known aliases;

b. Case or Document Number: Whatever the host authorities use to identify and locate their file on the prisoner;

c. Date of Birth: Please write out the month to avoid confusion.

d. Evidence Of U.S. Citizenship Or Nationality: Passport number and issue date, birth certificate filing date, etc. Attach a copy if available. It is critical that you collect documentation establishing that the prisoner is a U.S. citizen. The Department of Justice relies on this determination when making its transfer decision and in representing to the foreign government that the prisoner is a citizen of the United States;

e. Social Security Number: Necessary to determine if there are outstanding warrants;

f. U.S. Address: Used to help determine where in the United States the prisoner will be placed;

g. Date and Place of Arrest: Needed to compute the sentence;

h. Total Charges: Translate all offenses and cite the foreign statutes violated. Include any charges that were later dropped, or for which the prisoner was found innocent;

i. Sentence: The DOJ will request formal sentencing documents from the host government as part of the notification that the United States has approved the transfer. However, it is important that you provide much of this information in advance, drawing from official host government documents if possible. At a minimum, include:

(1) Date of arrest;

(2) Date of conviction;

(3) Offense of conviction;

(4) Date of sentencing; and

(5) Sentence imposed.

j. Date of Final Sentencing and Status of Appeals: The date when the sentence is considered final. A sentence becomes final after any appeals, including automatic appeals, and collateral attacks on the judgment have concluded.

NOTE: A collateral attack on a judgment is an attempt to impeach or overturn a judgment rendered in a judicial proceeding. It is made in a separate proceeding outside of the original action or an appeal from it.

k. Fine and/or Restitution Amounts and Payment Status: If paid, indicate the date and amounts paid, and attach a copy of the receipt, if available. If not paid, indicate whether this will likely affect the host government’s agreement to transfer. Some countries, such as Mexico, require the payment of all fines before transfer can occur.

l. Offense Description: This is a key item. You should prepare a short paragraph or two on the offense(s) of conviction (as opposed to the total charges listed above), with the following guidelines in mind.

(1) Include the “who, what, when, where, and why” of the crime.

(2) Describe the official version of events, not the prisoner’s.

(3) For drug offenses, include the type and amount of drugs involved.

(4) Note the existence of any co-defendants and, if possible, their role in the offense.

(5) Indicate whether a firearm or other dangerous weapon was used and how.

(6) Indicate any identified victims and describe the nature of harm done to them.

(7) Describe any aggravating or mitigating circumstances.

m. Termination Date of Sentence: The date that the sentencing country considers the completion of the full term of the sentence.

n. Date Eligible for Release: This often differs from the Termination Date.

o. Parole: If parole or conditional release is a possibility, compute the date the prisoner would first be eligible for release, assuming release would be granted.

p. Good Conduct: Compute the number of credits earned and the earliest date the prisoner would earn enough credits for release, assuming good conduct for the entire period.

q. Labor Credits: Assuming the prisoner is eligible for early release based on work; compute the number of credits earned and the earliest date they could be released.

r. Adverse Incidents: Include any significant information regarding the prisoner’s conduct during incarceration, including:

(1) Any escape attempts;

(2) Fights with guards or other prisoners;

(3) Disciplinary actions taken (e.g.: solitary confinement, loss of privileges, etc.); and

(4) Illicit Drug use.

s. Security/Custody Level: The name of the prison, its security level or purpose, and the security level in which it held the prisoner if different than the prison norm.

t. Prior Criminal Record: Include information from the host authorities and from the prisoner. Remind the prisoner that DOJ will make a complete record check in any event.

u. Social Data: Include brief information on the prisoner’s immediate family (parents, spouse, ex-spouse, and children), including:

(1) Names, relationship and locations;

(2) Prisoner’s current marital status;

(3) Indicate the current state of relations between the prisoner and family members, such as whether the prisoner is in touch with relatives (frequently or occasionally) or even wants them to know about their incarceration;

(4) State when the prisoner last spoke or saw family members; and

(5) Indicate who, if anyone, has provided financial assistance.

v. Psychological Evaluation: Indicate here if the prisoner:

(1) Has undergone psychiatric or psychological treatment or evaluation while in prison, including the diagnosis and prognosis if known;

(2) Has exhibited any aberrant behavior, according to prison authorities or embassy officers performing consular visits; and

(3) Has been appointed a guardian by the host authorities, or appears to need one.

w. Current Medical Condition: It is important to note if the prisoner:

(1) Is disabled (blind, confined to a wheelchair, etc.);

(2) Has a serious, chronic condition (diabetes, asthma, cardiac problems, etc.);

(3) Has recently required any significant medical treatment; and

(4) Has or may have a communicable disease.

Note: The Bureau of Prisons will require a recent tuberculosis (TB) test and may require a health inventory and other screening, before it will take the prisoner into custody. If the prisoner tests positive for TB, the Bureau of Prisons will not transport them until after a rigorous course of treatment, or x-rays demonstrate no active TB. You should check with the Bureau of Prisons on required testing of all potential transferees.

x. Substance Abuse History: If there is any known history, include:

(1) The type of drugs or substance and duration of abuse;

(2) Any substance abuse treatment already provided by host authorities; and,

(3) The results of such treatment.

7 FAM 482.5 Transmitting Documents To DOJ

(CT:CON-971; 03-22-2023)

a. Email a copy of the Prisoner Transfer Case Summary and other supporting documents to the International Prisoner Transfer Unit (IPTU), DOJ, and Washington DC (iptu.inbox@usdoj.gov). Supporting documents include:

(1) A copy of post's original ACS System arrest report and any updates that outline the conviction and sentencing;

(2) A copy of the prisoner’s evidence of U.S. citizenship or nationality; and

(3) Foreign sentencing documents, if available.

b. Mail a signed original of the case summary and other documents to the IPTU.

International Prisoner Transfer Unit
Office of International Affairs
Criminal Division
U.S. Department of Justice
1301 New York Avenue, NW
Washington, DC 20530
FAX: 202-514-9003
PHONE: 202-514-3173

7 FAM 482.6 Approval Of Transfer

(CT:CON-971; 03-22-2023)

The International Prisoner Transfer Unit of the Department of Justice makes the decision to permit transfer of a U.S. citizen prisoner to the United States. Ordinarily it will approve all U.S. citizens where the eligibility requirements of the treaty are satisfied and there is sufficient time remaining on the sentence.

Note: For detailed information on how the IPTU evaluates a prisoner transfer request, see: Guidelines for the evaluation of Transfer Requests Submitted by Foreign Nationals. These guidelines focus on transferring foreign nationals from the United States. The standards for transferring U.S. citizens are less stringent and focus largely on whether the U.S. citizen has established their citizenship and has stronger contacts with the United States than with any other country.

7 FAM 482.7 Notifying Host Government

(CT:CON-971; 03-22-2023)

Once DOJ has approved the transfer request, the IPTU will provide written notification of the approval to the central authority of the host government, and will send a copy to post. This notification generally consists of the following:

(1) Letter from the IPTU advising that the United States has approved the transfer (See 7 FAM Exhibit 482.7a);

(2) Statement confirming that the prisoner is a U.S. citizen or national. (DOJ Attachment A) (See 7 FAM Exhibit 482.7b);

(3) Statement of dual criminality, including a copy of the relevant law(s) (DOJ Attachment B) (See 7 FAM Exhibit 482.7c);

(4) Statement confirming that the United States will abide by the continuing enforcement provisions of the relative treaty. (DOJ Attachment C) (See 7 FAM Exhibit 482.7d); and

(5) Statement as to the Methods of Sentence Calculation in the United States (DOJ Attachment D) (See 7 FAM Exhibit 482.7e).

Note: Verify that the prisoner has received a copy of Attachment D. If not, provide a copy from the info set IPTU sent to post. It is critical that the prisoner have the opportunity to thoroughly review and understand this document before the Consent Verification Hearing (CVH). Sending a U.S. Magistrate Judge and Federal Public Defender abroad for a CVH is expensive and requires a significant amount of administrative time. If a prisoner no longer wishes to transfer, it is best if this is determined before a CVH is arranged.

7 FAM 482.8 Host Government Approval

(CT:CON-971; 03-22-2023)

The host government may have already advised DOJ that it approved the transfer based on the prisoner’s request. If not, DOJ will request host government consent in the above letter. In addition, unless the host government has already provided these documents to you or directly to DOJ, the IPTU letter will request:

(1) Foreign Sentencing Documents: DOJ prefers the host government documents in English, as specified by treaties. If translation cannot be obtained, a short English summary of the documents and the sentencing information should be provided. You may assist in this when necessary. For questions on whether circumstances merit post's assistance in translation and how to cover costs of those translations, contact L/CA; Posts should not incur outside expense for translations without consulting L/CA which will consult with the Department of Justice.

(2) Offense Behavior Report: DOJ does not need all of the documents generated in the criminal proceeding. Frequently these documents can be quite voluminous and may contain information not necessary to the administration of the transferred sentence. Instead, DOJ requires a concise accurate summary of the offense behavior, as found by the sentencing country, preferably in English. While it is generally the host government’s responsibility to provide translations, you may have to assist with this, rather than delay the transfer process unnecessarily; Posts should not incur outside expense for translations without consulting L/CA which will consult with the Department of Justice.

NOTE: Most documents do not need to be translated. Generally, the Department of Justice IPTU does not have a budget for translating documents for U.S. citizens incarcerated abroad. Ordinarily, the IPTU receives sentencing documents from the foreign country that are not translated. The IPTU relies on the consular posts to provide it with information regarding sentence length, a brief description of the offense and the offense of conviction so that the IPTU can determine if there is dual criminality. The IPTU corresponds with the MOJ of another country, in English and they will translate the IPTU's letter for their use. Some governments require a translation in advance. The IPTU will carefully weigh what needs to be translated to control the costs.

(3) Prisoner Classification and Behavior: DOJ requires documentation from the host government Department of Corrections or equivalent entity covering all vital information such as health, security risk, aberrant or dangerous behavior, etc. 7 FAM 483 the CONSENT VERIFICATION HEARING

(CT:CON-971; 03-22-2023)

A basic requirement of all transfer treaties is that the prisoner must voluntarily consent to the transfer. To ensure that such consent is received, Congress enacted legislation requiring that a Consent Verification Hearing (CVH) be held for all offenders transferring from or to the United States. (18 U.S.C. 4107-18 U.S.C. 4108) Host governments may or may not have their own similar legal requirements to ensure that the prisoner has consented to the transfer.

7 FAM 483.1 Verifying Official

(CT:CON-971; 03-22-2023)

The law provides for a CVH for a U.S. citizen to be conducted by a United States Magistrate Judge or by a U.S. citizen designated by a judge of the United States as defined in 28 U.S.C. 451. See also 18 U.S.C. 4108.

NOTE: In those cases where the presence of a U.S. judicial authority is problematic for the host government, or raises serious sovereignty issues, (e.g. Turkey) a federal judge may designate a U.S. citizen who is an employee or officer of a U.S. agency or Department to act as the verifying officer. The head of the employee's agency or Department must approve the designation (18 U.S.C. 4108(a)). In this event, DOJ will provide information and guidance to the officer on how to conduct the hearing.

7 FAM 483.2 Hearing Venue

(CT:CON-971; 03-22-2023)

You will need to work with host government authorities to establish an appropriate and secure site for the CVH. Often this will be within the penal institution itself, particularly when there are several eligible transferees approved for transfer.

7 FAM 483.3 Attendees

(CT:CON-094; 11-24-2004)

a. Verifying Officer (United States Magistrate Judge);

b. Prisoner;

c. Prisoner’s legal representative, if any, which could include:

(1) Private attorney retained by the prisoner or family; and

(2) Federal Public Defender (FPD) who provides the prisoner with guidance on the transfer decision;

d. Consular Officer;

e. Guardian (if necessary); and

f. Security personnel as required.

7 FAM 483.4 The Hearing Process

(CT:CON-971; 03-22-2023)

a. The Verifying Officer (VO) ensures that the prisoner understands the procedures and ramifications of transferring, and the procedures for determining their sentence once they are returned to the United States in the custody of U.S. Bureau of Prisons escorts.

b. The prisoner either agrees to transfer or can decline the transfer at the time of the CVH. Once the prisoner agrees to transfer, the foreign country is notified and a schedule for the prisoner's transfer is established. IPTU supplies Consent Verification Hearing forms to the federal magistrate and federal public defender or other defense counsel. IPTU's Oracle database generates the form. The prisoner provides their final consent to the transfer by completing and signing three copies of the Form DOJ-20, Verification of Consent to Transfer to the United States for Execution of Penal Sentence from (name of country). (See 7 FAM Exhibit 483.4 A). Should the prisoner at this point decide not to go through with the transfer, they will complete and sign Withdrawal of Consent to Transfer (see 7 FAM Exhibit 483.4B)

c. The Verifying Officer countersigns and dates the Verification of Consent to Transfer form. If the prisoner has decided not to transfer, the VO countersigns the Withdrawal form. The signed form is forwarded to IPTU to document the prisoner's decision and is included in the inmate's record.

d. This completes the hearing, and the prisoner returns to host government incarceration until the physical transfer takes place.

7 FAM 483.5 Distribution of Completed Verification Form

(CT:CON-491; 10-29-2013)

The completed verification form is distributed as follows:

(1) Copy retained by the Verifying Official;

(2) Copy provided to the prisoner;

(3) Copy to Consular Officer to be retained at post; and

(4) Original is sent to the IPTU. The IPTU will send a copy to the United States. Bureau of Prisons.

Note: If possible, a signed copy of the Verification of Consent form should be emailed directly to the IPTU on the day of the hearing (iptu.inbox@usdoj.gov). This allows IPTU to begin the process of arranging with the U.S. Bureau of Prisons (BOP) for escorts and transportation. Failure to email a copy will delay the transfer, since BOP will not arrange escorts until it has a copy of the signed CVH form in hand.

7 FAM 484 THE TIME REQUIRED FOR THE TRANSFER PROCESS

(CT:CON-971; 03-22-2023)

As noted above, most treaties provide that at the time of application, a prisoner have at least six months left to serve on their sentence to be eligible for transfer. While this would imply that the transfer process could be accomplished within that period, the process generally takes longer.

7 FAM 484.1 Estimating Processing Times Is Difficult

(CT:CON-971; 03-22-2023)

Timing of the process is driven by how rapidly and efficiently each of the major players in the process performs their assigned responsibilities. This varies widely, from country to country, and from transfer to transfer within the same country.

(1) Even in individual urgent cases, six months is more a minimum than maximum time period.

(2) Most model timelines developed by the IPTU at DOJ run closer to 12 months.

7 FAM 484.2 The Consular Role in Determining Timeframes

(CT:CON-971; 03-22-2023)

a. While the time required is largely out of your control, it may be useful to review the history of transfers involving the post.

(1) Try to identify those areas where the post can perform more efficiently, or exert some positive influence on the process.

(2) Based on your review, develop a model time line for the post and provide a copy to the Department (CA/OCS/ACS).

b. You should be both realistic and honest in providing U.S. citizen prisoners general information regarding timing.

(1) It is appropriate, for example, to tell prisoners the elapsed times for earlier transfers.

(2) Consular officers should neither discourage nor unduly influence a prisoner who has less than six months remaining and chooses to file for transfer even if their sentence falls short of the estimated time to process the request, assuming they are otherwise eligible.

7 FAM 485 PHYSICAL TRANSFER OF PRISONERS

(CT:CON-971; 03-22-2023)

The actual transfer of prisoners back to the United States can be a complex process and requires close coordination among the Department of Justice's International Prisoner Transfer Unit (IPTU), the Bureau of Prisons (BOP), and the post.

7 FAM 485.1 International Prisoner Transfer Unit and Bureau of Prisons Responsibilities

(CT:CON-971; 03-22-2023)

a. Upon receipt of the signed verification of consent form, the IPTU contacts the Central Office of the Bureau of Prisons (BOP) to request escorts and transport for the prisoners that have been certified eligible for transfer.

b. The BOP's Central Office notifies the admitting institution(s) to which the U.S. citizen prisoner(s) will be transferred, and assigns action to the BOP's Correctional Programs Division.

c. The Correctional Programs Division works with the IPTU to ensure that all paperwork is complete, the Consent Verification Hearing has taken place, and each prisoner has been tested for TB.

d. The BOP and the IPTU work with the host government central authority and with post to establish a date and scenario for the actual handover.

e. The BOP will provide the names and bio information of escorts, and itinerary to CA/OCS/ACS.

f. The BOP will submit the usual country clearance request electronically through eCountry Clearance.

7 FAM 485.2 Consular Responsibilities

(CT:CON-971; 03-22-2023)

The working relationship between the IPTU and the host government's reciprocal office will drive your activity level in this part of the transfer process. In general, however, you should plan on the following:

(1) Verify the prisoner's citizenship or nationality and travel documentation. (See 7 FAM 485.3 below);

(2) Keep the host government updated on travel plans;

(3) Advise the IPTU and BOP of any host government restrictions on escorts entering with firearms or restraint devices;

(4) Verify the mode of transportation to be used, and ensure that the host government authorities are prepared to grant any necessary clearances. Generally, transportation is by air, with the BOP using one of the following:

(a) Commercial Air: While still used, particularly in transfers involving only one to seven prisoners, many commercial carriers are becoming increasingly reluctant to board restrained passengers and armed escorts.

(b) U.S. Government Aircraft: On rare occasions, the BOP will use aircraft of other federal enforcement agencies.

(c) Charter Aircraft: On occasion, the BOP will charter commercial aircraft.

(d) Foreign Government Aircraft: Occasionally, foreign countries may provide aircraft to facilitate the transfers.

(5) Assist with arrival, immigration and customs clearances, and lodging for the incoming BOP escorts as required;

(6) Ensure that the U.S. citizen transferees are prepared and ready for transfer; and

(7) Accompany the U.S. citizen transferees from the time they leave prison until their departure.

Note: Do NOT, however, take formal custody of prisoners or accept responsibility for executing the physical transfer from foreign custody to the BOP escorts.

7 FAM 485.3 Citizenship Or Nationality and Travel Documents

(CT:CON-971; 03-22-2023)

The BOP escort(s) must have the documentary evidence for the prisoner to leave the host country and clear immigration and customs in the United States. This includes proof of citizenship or nationality and needed travel documentation.

7 FAM 485.3-1 Using a Valid U.S. Passport

(CT:CON-971; 03-22-2023)

a. If the prisoner has a valid U.S. passport, you should cancel it and issue a passport limited for direct return to the United States at no charge. Limit the validity to a period sufficient to accomplish the transfer travel.

b. If the prisoner does not have a valid U.S. passport, they should execute a passport application. Post will then process the application in accordance with 8 FAM 603.9 guidance. If the prisoner cannot or will not execute the application, the consular officer may do so “without recourse.”

c. See endorsement 105 in8 FAM 505.2-2. For guidance regarding travel documents for U.S. citizen fugitives in extradition/deportation matters; see 8 FAM 803.6, 7 FAM 485.3-2 and 8 FAM 1304.3-2.

NOTE: EMERGENCY OVERSEAS PASSPORT ISSUANCE PROGRAM

 

 

Per 8 FAM 1001.5-3(A), "deportees, subjects of extradition/deportation actions, and prisoners being transferred from abroad to the United States must be issued emergency passports without charge."

7 FAM 485.3-2 Using A Valid Travel/Transportation Letter

(CT:CON-971; 03-22-2023)

a. The Department discourages the use of Travel Letters in prisoner transfer cases as these cases generally are not emergencies and there is usually sufficient time for the post to issue a limited-validity passport, 8 FAM 1304.3-2. The Department authorizes law enforcement related travel letters only with the express authorization by the Office of Adjudication (CA/PPT/S/A) at CA-PPT-Legal-Hits-Overseas@state.gov, which works with the U.S. law enforcement authority on matters related to revocation of the passport of the subject of an outstanding Federal warrant (see 8 FAM 803.6). See also 8 FAM 1304.3-6 for express authorizations to use travel letters because of geographic limitations.

b. The travel letter format should be similar to the one shown in 8 FAM 1304.3-6, which post may adapt for local requirements as necessary. The U.S. Customs and Border Protection (CBP) requires the letter to:

(1) Contain the citizen’s name, date and place of birth;

(2) State the reason why the passport is not available;

(3) State that the bearer has a critical need to travel because they are the subject of a prisoner transfer, traveling under U.S. law enforcement escort;

(4) The U.S. Embassy is unable to issue a passport because (insert text)

(5) Bearer's name cleared the Consular Lookout and Support System (CLASS).

(6) Signature of Consular Officer or Duty Officer with Consular Seal;

(7) Typed Name of Consular Officer or Duty Officer;

(8) Title of Consular Officer or Duty Officer/

(9) Name of Post;

(10) Date; and

(11) Photo of Subject with Consular Seal.

 

 

NOTE: Standard visa or passport photographs are NOT required. You may use any photograph available, including photo machine strips, instant photos, etc.

c. 8 FAM 1304.3-6 provides further post-specific guidance regarding the very limited circumstances when travel letters may be issued.

d. Prepare and sign the Travel Letter in accordance with 8 FAM 1304.3-3.

7 FAM 485.4 Personal Effects

(CT:CON-971; 03-22-2023)

a. Well before the scheduled transfer date; ensure that the prisoner understands they must dispose of most personal belongings by discarding them, donating them to charity, selling or giving them to fellow inmates, or mailing them back to family in the United States at their own expense.

b. The BOP escorts will decide which items the prisoner may bring. Generally, allowable items include:

(1) Prescription eyeglasses or contact lenses;

(2) Prescribed medications limited to a one-month supply and medical devices;

(3) Money: A reasonable amount, preferably converted into a U.S. dollar instrument, such as a money order;

(4) Wedding band with no stones;

(5) Identification cards;

(6) Religious medal or daily prayer items, such as a Bible, Quran, or other religious text; and

(7) Clothing worn for the trip.

FYI: Since most prisoners will wear leg irons for the transfer, they should be advised to have a pair of socks for the day of transfer.

c. Items to be disposed of in advance include:

(1) Clothing: All clothing except what the prisoner intends to wear on the day of transfer (clothing will be issued by BOP when the prisoner reaches the United States);

(2) Jewelry. All jewelry, including watches, earrings and necklaces (except wedding bands without stones);

(3) Books (except religious texts), appliances, personal radios, or tape/CD players;

(4) Hair or body adornments, including hair-bands, hair weaves, clasps, berets, decorative combs, etc.; and

(5) Any other items prohibited by the BOP escorts.

Note: Advise all prisoners that they will be subject to a full body search before transfer.

7 FAM 486 AFTER THE TRANSFER

(CT:CON-971; 03-22-2023)

While your responsibility generally ends with the physical departure of the prisoner from your district and reporting the fact of the departure to CA/OCS/ACS, you may find the following information helpful.

7 FAM 486.1 Arriving in the United States

(CT:CON-971; 03-22-2023)

Upon arrival in the United States, the prisoner will be taken immediately to a designated Admitting Institution (AI). The AI:

(1) Obtains a medical clearance from AI's Health Services Administrator;

(2) Notifies the U.S. Probation Office so that a post-sentence report can be prepared;

(3) Arranges with the local FBI Office for a full-fingerprint National Crime Information Center (NCIC) check; and

(4) Reviews the documents and requests the Bureau of Prisons (BOP) sentencing office to compute the prisoner's sentence and a full term date.

7 FAM 486.2 Determining Release, Parole, etc.

(CT:CON-971; 03-22-2023)

The Admitting Institution (AI) takes the following actions depending on the date of the foreign crime and the computed release date:

(1) For prisoners who committed the foreign crime(s) on or after November 1, 1987, AND have fewer than six months to serve according to the AI sentence computation:

(a) The AI immediately notifies the U.S. Parole Commission;

(b) The U.S. Parole Commission will obtain a copy of the post sentence report from the U.S. Probation Office; and

(c) The U.S. Parole Commission will determine a release date and any period and conditions of supervised release. No in-person parole hearing is necessary in these cases.

(2) Prisoners who committed the foreign crime on or after November 1, 1987, AND have more than six months to serve according to the AI sentence computation:

(a) The AI will request assignment of the case to a U.S. Probation Officer and will forward copies of all documents to that officer;

(b) The U.S. Probation Officer will review the documents and conduct a brief investigation, including an interview with the prisoner;

(c) The U.S. Probation Officer will prepare a Post-Sentence Report and forward it to the AI, normally within 30-60 days;

(d) The AI will notify the U.S. Parole Commission of the inmate’s arrival and projected release date; and

(e) The prisoner will be scheduled for a hearing before the U.S. Parole Commission, normally within 180 days of the transfer date.

(3) A prisoner who committed the foreign crime prior to November 1, 1987, is by law eligible for immediate parole:

Note: Eligible for parole does not mean the same thing as suitable for parole. The U.S. Parole Commission will determine suitability.

(a) The prisoner is scheduled for a hearing before the U.S. Parole Commission, OR a parole decision is made solely by review of the record to expedite release;

(b) The AI immediately notifies the U.S. Probation Officer of the impending release on parole; and

(c) The prisoner is released once the medical clearance and FBI check are complete.

NOTE: This applies only if the Parole Commission finds the prisoner suitable for parole.

7 FAM 487 PRISONERS TRANSFERRING FROM THE UNITED STATES

(CT:CON-971; 03-22-2023)

Prisoner transfer treaties make foreign nationals imprisoned in United States Federal and State prisons eligible for transfer back to their home countries. Posts typically have little to no involvement in this process. The International Prisoner Transfer Unit (IPTU) and the Bureau of Prisons (BOP) in the United States have established working relationships with their counterpart officials abroad and generally arrange these transfers directly. If the person was convicted of a crime by a state in the United States, and is serving a sentence in a state facility, consent of the state is also required.

FYI: Approximately three foreign prisoners transfer from the United States for each U.S. citizen prisoner that returns to the United States. It is important to remember that the prisoner transfer program is not a prisoner exchange program where one prisoner is transferred to a foreign country in return for one transferring U.S. citizen prisoner.

7 FAM 487.1 The Consular Role in Prisoner Transfers Originating in the United States

(CT:CON-971; 03-22-2023)

The Department wants to ensure that we scrupulously meet our obligations under existing prisoner transfer treaties. Consular officers should be prepared to assist whenever called upon by the Department of State or the Department of Justice. Such assistance would normally include:

(1) In the few cases where a treaty requires that all communications be through diplomatic channels, you will relay information and questions between the host government and the IPTU, usually by diplomatic note.

(2) If asked, you should assist the IPTU and the BOP with flight clearances, reception arrangements, etc.

(3) Respond to host government queries or complaints by putting officials in touch with the appropriate people in the IPTU or the BOP.

(4) Issuing timely visas for qualified foreign escorts to pick up their nationals.

7 FAM 488 QUESTIONS ON PRISONER TRANSFERS

(CT:CON-912; 05-04-2021)

Prisoner transfer treaties and their implementation can be complex subjects. While the information in this section should help consular officers to handle questions as they arise, do not hesitate to refer the inquirer to the appropriate source, or to ask the Department (CA/OCS/ACS) and the Department of Justice IPTU for assistance in specific cases. Questions regarding treaty interpretation or implementation problems should also be brought to the attention of L/CA.

7 FAM 488.1 Questions From the Host Government

(CT:CON-971; 03-22-2023)

a. General inquiries on a multilateral prisoner transfer convention or bilateral treaty (with a copy of the host country request) may be referred to the Department (CA/OCS/ACS and L/CA), which will coordinate a reply with the Office of the Legal Adviser (L) and the Department of Justice IPTU.

FYI: The Department of State and the Department of Justice prefer to address the issues of new prisoner transfer relationships through multilateral conventions, such as the COE and the OAS treaty relationships. In fact, since the early 1980’s, the Department of State has consistently declined to enter into bilateral negotiations with countries expressing interest in bilateral prisoner transfer treaties, for the following reasons:

Both the COE and the OAS treaties offer substantially all the mutual benefits that could be expected from a bilateral treaty.

Multilateral treaties offer an existing mechanism for new states to join, including nations that are not members of these organizations.

Multilateral treaties standardize transfer procedures for members.

Negotiating, concluding, and ratifying bilateral treaties is a long, uncertain and resource-intensive process.

b. Specific questions from a convention country relating to U.S. citizen prisoners and procedures may be directed to the United States designated Central Authority:

International Prisoner Transfer Unit
Criminal Division
Office of International Affairs
U.S. Department of Justice
1301 New York Avenue, NW
Washington, DC 20530

7 FAM 488.2 Questions From U.S. Prisoners

(CT:CON-491; 10-29-2013)

a. You may answer general questions from U.S. prisoners using the information in this section.

b. You should direct specific questions from U.S. prisoners regarding the effects of a treaty or a transfer on their own cases to:

Chief, Defender Services Division
Administrative Office of The United States Courts
Washington DC 20544
Attn: Prisoner Transfer Treaty Matters

7 FAM 488.3 Questions From Family Members, General Public

(CT:CON-971; 03-22-2023)

You may answer questions based on the information in this section or refer the inquirer to the following web sites for information:

U.S. Department of Justice's International Prisoner Transfer Program website

 

The Bureau of Prison's Treaty Transfer webpage

 

 

7 FAM 489 UNASSIGNED

7 FAM Exhibit 481
PRISONER TRANSFER TREATIES IN FORCE

(CT:CON-491; 10-29-2013)

Countries

Bilateral

COE

OAS

NOTES

Albania

 

YES

 

COE Entry Into Force 08/01/2000

Andorra

 

YES

 

COE Entry Into Force 11/01/2000

Argentina

 

 

YES

OAS Instruments Deposited 11/10/2014

Armenia

 

YES

 

COE Entry Into Force 09/01/2001

Australia

 

YES

 

COE Entry Into Force 01/01/2003

Austria

 

YES

 

COE Entry Into Force 01/01/1987

Azerbaijan

 

YES

 

COE Entry Into Force 01/05/2001

Bahamas

 

YES

 

COE Entry Into Force 03/01/1992

Belgium

 

YES

 

COE Entry Into Force 12/01/1990

Belize

 

 

YES

OAS Instruments Deposited 07/15/2005

Bolivia

YES

YES

 

COE Entry Into Force 06/01/2004;

Bilateral Entry Into Force 08/17/1978

Prefers bilateral

Bosnia and Herzegovina

 

YES

 

COE Entry Into Force 08/01/2005

Brazil

 

 

YES

OAS Instruments Deposited 04/26/2001

 

Bulgaria

 

YES

 

COE Entry Into Force 10/01/1994

Canada

YES

YES

YES

COE Entry Into Force 09/01/1985

OAS Instruments Deposited 06/04/1995

Bilateral Entry Into Force 07/19/1978

Generally Uses COE

Chile

 

YES

YES

COE Entry Into Force 11/01/1998

OAS Instruments Deposited 10/14/1998

Costa Rica

 

YES

YES

COE Entry Into Force 08/01/1998

OAS Instruments deposited 06/02/1996

Croatia

 

YES

 

COE Entry Into Force 05/01/1995

Cyprus

 

YES

 

COE Entry Into Force 08/01/1986

Czech Republic

 

YES

YES

COE Entry Into Force 01/01/1993

 

OAS Instruments Deposited 10/13/2011

Denmark

 

YES

 

COE Entry Into Force 05/01/1987

Ecuador

 

YES

YES

COE Entry Into Force 11/01/2005

OAS Instruments deposited 12/21/2006

El Salvador

 

 

YES

OAS Instruments deposited 12/18/2007. Entered into Force January 18, 2008

Estonia

 

YES

 

COE Entry Into Force 08/01/1997

Finland

 

YES

 

COE Entry Into Force 05/01/1997

France

YES

YES

 

COE Entry Into Force 07/01/1985

Bilateral Entry Into Force 02/01/1985

Prefers the Bilateral

Georgia

 

YES

 

COE Entry Into Force 02/01/1998

Germany

 

YES

 

COE Entry Into Force 02/01/1992

Ghana

 

YES

 

COE Entry Into Force 07/01/2019

Greece

 

YES

 

COE Entry Into Force 01/02/1988

Guatemala

 

 

YES

OAS Instruments deposited 03/01/2006

Holy Sea

 

YES

 

COE Entry Into Force 05/01/2019

Honduras

 

YES

 

COE Entry Into Force 1/7/2009

Hungary

 

YES

 

COE Entry Into Force 11/01/1993

Iceland

 

YES

 

COE Entry Into Force 12/01/1993

India

 

YES

YES

OAS Instruments Deposited 05/05/2014

COE Entry Into Force 05/01/2018

Ireland

 

YES

 

COE Entry Into Force 11/01/1995

Israel

 

YES

 

COE Entry Into Force 01/01/1998

Italy

 

YES

 

COE Entry Into Force 10/01/1989

Japan

YES

COE Entry Into Force 06/01/2003

Kazakhstan

 

 

YES

OAS Instruments Deposited 11/06/2015

Korea, Republic of

 

YES

 

COE Entry Into Force 11/01/2005

Latvia

YES

COE Entry Into Force 09/01/1997

Liechtenstein

YES

COE Entry Into Force 05/01/1998

Lithuania

YES

COE Entry Into Force 09/01/1996

Luxembourg

YES

COE Entry Into Force 02/01/1988

North Macedonia

YES

COE Entry Into Force 11/01/1999

Malta

YES

COE Entry Into Force 07/01/1991

Marshall Islands

YES

 

 

Compact of Free Association

Entry Into Force 10/15/1986

Mauritius

 

YES

 

COE Entry Into Force 10/01/2004

Mexico

YES

YES

YES

COE Entry Into Force 11/01/2007

OAS Instruments deposited 06/02/1997

Bilateral Entry Into Force 11/30/1977

Bilateral only used with U.S.

Micronesia, Federated States of

YES

 

 

Compact of Free Association

Entry Into Force 10/24/1986

Moldova

 

YES

 

COE Entry Into Force 09/01/2004

Mongolia

YES

 

 

COE Entry Into Force 08/01/2016

Montenegro

 

YES

 

COE Entry Into Force 06/06/2006

Netherlands

 

YES

 

COE Entry Into Force 01/01/1988

 

Nicaragua

 

YES

OAS Instruments deposited 10/09/2001

Norway

YES

COE Entry Into Force 04/01/1993

 

Palau

YES

 

 

Compact of Free Association

Entry Into Force 10/01/1994

Panama

YES

YES

YES

COE Entry Into Force 11/01/1999

OAS Instruments deposited 12/07/1998

Bilateral Entry Into Force 06/27/1980

Prefers COE

Paraguay

 

 

YES

OAS Instruments deposited 08/12/2004

Peru

YES

Bilateral Entry Into Force 07/21/1980

Poland

YES

COE Entry Into Force 03/01/1995

Portugal

YES

COE Entry Into Force 10/01/1993

Romania

YES

COE Entry Into Force 12/01/1996

Russia

 

YES

 

COE Entry Into Force 12/01/2007

San Marino

 

YES

 

COE Entry Into Force 10/01/2004

Saudi Arabia

 

 

YES

COE Entry Into Force 07/08/2011

Serbia

YES

COE Entry Into Force 08/01/2002

Slovakia

YES

YES

COE Entry Into Force 01/01/1993

OAS Instruments deposited 04/18/2016

Slovenia

YES

COE Entry Into Force 01/01/1994

Spain

YES

COE Entry Into Force 07/01/1985

Suriname

 

 

YES

OAS Instruments Deposited 08/28/2018

Sweden

YES

COE Entry Into Force 07/01/1985

Switzerland

YES

COE Entry Into Force 05/01/1988

Thailand

YES

Bilateral Entry Into Force 12/07/1988

Tonga

YES

COE Entry Into Force 11/01/2000

Trinidad/Tobago

YES

COE Entry Into Force 07/01/1994

Turkey

YES

YES

COE Entry Into Force 01/01/1988

Bilateral Entry Into Force 01/01/1981

Prefers COE

Ukraine

 

YES

YES

COE Entry Into Force 01/01/1996

OAS Instruments Deposited 12/11/2020

United Kingdom

YES

COE Entry Into Force 08/01/1985

 

United States

YES

YES

YES

COE Entry Into Force 07/01/1985

OAS Instruments deposited 05/25/2001

Uruguay

 

 

YES

OAS Entry Into Force 10/23/2009

Venezuela

YES

YES

COE Entry Into Force 10/01/2003

OAS Instruments deposited 03/14/1996

Table A

NETHERLANDS TERRITORIES

NORWEGIAN TERRITORIES

Aruba

Bouvet Island

Netherlands Antilles (Bonaire, Curacao)

Peter I's Island

 

Queen Maude Land

UK TERRITORIES:

UK TERRITORIES:

Anguilla

Falklands

Bermuda

Gibraltar

British Indian Ocean Territory

Henderson Island

British Virgin Islands

Isle of Man

Cayman Islands

Montserrat

Cyprus. (UK bases only)

Pitcairn

Ducie & Oena Islands

St. Helena (and Dependencies)

7 FAM Exhibit 482.1
CASE SUMMARY

(CT:CON-971; 03-22-2023)

PRISONER TRANSFER CASE SUMMARY

NAME:

CASE OR DOCUMENT NUMBER:

DATE OF BIRTH:

PLACE OF BIRTH:

EVIDENCE OF U.S. CITIZENSHIP:

SOCIAL SECURITY NUMBER:

U.S. ADDRESS:

DATE AND PLACE OF ARREST:

CHARGE(S):

SENTENCE AND DATE IMPOSED:

DATE OF FINAL SENTENCING AND STATUS OF APPEALS OR COLLATERAL ATTACKS ON THE JUDGMENT:

FINE AND RESTITUTION AMOUNT (if any) AND PAYMENT STATUS:

OFFENSE DESCRIPTION:

TERMINATION DATE OF SENTENCE:

DATE PRISONER WOULD BE ELIGIBLE FOR PAROLE OR OTHER EARLY RELEASE INCLUDING GOOD CONDUCT OR LABOR CREDIT (IF APPLICABLE):

ADVERSE INCIDENTS REPORTED DURING INCARCERATION:

SECURITY/CUSTODY LEVEL:

PRIOR CRIMINAL RECORD:

SOCIAL DATA:

PSYCHOLOGICAL EVALUATION:

CURRENT MEDICAL CONDITION:

HISTORY OF SUBSTANCE ABUSE (IF ANY):

7 FAM Exhibit 482.2
SAMPLE CASE SUMMARY

(CT:CON-971; 03-22-2023)

PRISONER TRANSFER CASE SUMMARY

NAME: Sample, John (prison name);

Faxmill, John (birth name)

CASE OR DOCUMENT NUMBER: 9513/2020

DATE OF BIRTH: 10 February 1995.

PLACE OF BIRTH: Seattle, WA.

EVIDENCE OF U.S. CITIZENSHIP: U.S. PASSPORT #160252630 issued 20MAR2020.

SOCIAL SECURITY NUMBER: 500-65-7894

U.S. ADDRESS: 2080 Major Blvd., Chicago, IL

DATE AND PLACE OF ARREST: Mr. Faxmill was arrested on 25 May 2020 at the Rosslyn Airport in Rosslyn ,Republic of Z.

CHARGE(S): Transporting an illegal substance. Criminal Code section 14-225.

SENTENCE AND DATE IMPOSED: Sentenced to 25 years imprisonment 18 December 2020

DATE OF FINAL SENTENCING AND STATUS OF APPEALS OR COLLATERAL ATTACKS ON THE JUDGMENT: Sentence became final on date of sentencing and no appeal was filed.

FINE AND RESTITUTION AMOUNT (if any) AND PAYMENT STATUS: Mr. Faxmill was fined 10,000Z dollars. The fine was paid on 19 January 2021. A copy of the receipt is attached.

OFFENSE DESCRIPTION: On the evening of 25 May 2020, the Rosslyn police received an anonymous call that a foreigner carrying cocaine would be traveling from the Z Hotel to the Rosslyn Airport. Police at the airport were alerted. At 11:15 p.m., the airport police saw Mr. Faxmill exit a Z Hotel van and head toward the Z Airways ticket counter carrying two bags. Police approached Mr. Faxmill and requested to search subject's bags, which revealed cocaine wrapped in the Z Hotel’s towel. Seized were 20 kilograms of pure cocaine. (The original amount of cocaine before testing for purity was 23.5 kilograms.) The cocaine, along with an airline ticket, was confiscated and photographs of the evidence were taken. Mr. Faxmill admitted involvement and said Mr. Faxmill was to be paid $20,000 for taking the cocaine to Bigciti. Mr. Faxmill said Mr. Faxmill was to be met by a man named "Dude" at the airport in Bigciti on his arrival. Mr. Faxmill was traveling alone.

TERMINATION DATE OF SENTENCE: 24 May 2045.

DATE PRISONER WOULD BE ELIGIBLE FOR PAROLE OR OTHER EARLY RELEASE INCLUDING GOOD CONDUCT OR LABOR CREDIT (IF APPLICABLE): Mr. Faxmill is entitled to no days off because it is a drug offense and under Erehwon law subject is not eligible for good conduct time.

ADVERSE INCIDENTS REPORTED DURING INCARCERATION: Prison officials stated that subject had been found with marijuana on one occasion and had fought with an Australian inmate over money.

SECURITY/CUSTODY LEVEL: Mr. Faxmill is incarcerated at the Klong Prem Central Prison, a medium security prison. Mr. Faxmill had been in disciplinary segregation (solitary) for a brief time because of a fight.

PRIOR CRIMINAL RECORD: Yes. Mr. Faxmill was arrested for DUI in Cook County, IL in 2001.

SOCIAL DATA: Mr. Faxmill is divorced with one minor child and 2 adult children. Mr. Faxmill's ex-wife, Peggy Faxmill, resides in Los Angeles, California, with subject's minor daughter. Subject's two adult children from an earlier relationship reside in Michigan. Neither has visited and Mr. Faxmill does not want them to know about subject's status. Mr. Faxmill's parents reside in Benton Harbor, Michigan, and have sent money for food and clothing.

PSYCHOLOGICAL EVALUATION: No formal evaluation was given but there is no indication of psychological problems.

CURRENT MEDICAL CONDITION: Mr. Faxmill is physically fit and has no known medical restrictions.

HISTORY OF SUBSTANCE ABUSE (IF ANY): No usage admitted or otherwise confirmed. As noted above, subject was caught with a small amount of marijuana in subject's possession by prison guards.

7 FAM Exhibit 482.3(a)
Example letter of Approval of Request to Transfer to the United States

(CT:CON-971; 03-22-2023)

Example letter of Approval of Request to Transfer to the United States

7 FAM Exhibit 482.3(b)
Example of Attachment A - Statement of Nationality

(CT:CON-971; 03-22-2023)

Example of Attachment A - Statement of Nationality
7 FAM Exhibit 482.3(c)
Example of Attachment B - Statement as to Dual Criminality

(CT:CON-971; 03-22-2023)

 

Example of Attachment B - Statement as to Dual Criminality

 

7 FAM Exhibit 482.3(d)
Example of Attachment C - Statement

(CT:CON-971; 03-22-2023)

Example of Attachment C - Statement

7 FAM Exhibit 482.3€
ATTACHMENT D STATEMENT AS TO THE METHODS OF SENTENCE CALCULATION IN THE UNITED STATES

(CT:CON-971; 03-22-2023)

NAME:

FOREIGN SENTENCE DURATION:

ADMINISTRATION OF THE TRANSFERRED SENTENCE IN THE UNITED STATES:

A prisoner transferred to the United States becomes a federal prisoner subject to the rules and regulations of Title 18, United States Code and Title 28, Code of Federal Regulations. A prisoner receives credit for all the time spent in custody as a result of the criminal conduct for which the sentence was imposed. This credit includes time spent in pretrial and presentence custody. 18 U.S.C. 4105(b). In addition, the prisoner is entitled to any credits given by the sentencing country including good time and labor credits. 18 U.S.C. 4105(c)(1).

Under federal law, the United States Parole Commission, an agency within the United States Department of Justice, has sole responsibility for continuing the administration of the transferred sentence. It is responsible for determining “a release date and a period and conditions of supervised release for an offender transferred to the United States to serve a sentence of imprisonment, as though the offender were convicted in a United States district court of a similar offense.” 18 U.S.C. 4106A(b)(1)(a). For prisoners who committed their offense on or after November 1, 1987, the United States Parole Commission will determine what part of the remainder of the sentence imposed by the sentencing country will be served in prison and what part will be served in the community on a form of conditional release called "supervised release." The period served in prison and the period on supervised release cannot exceed the full term date of the term of imprisonment imposed by the foreign court. 18 U.S.C. 4106A(b)(1)(a). If the prisoner committed their offense prior to November 1, 1987, the United States Parole Commission has authority under 18 U.S.C. 4106 to release the prisoner on parole. 18 U.S.C. 4106.

The Parole Commission makes its sentence administration determinations after the prisoner returns to the United States and it has received all pertinent information about the prisoner and their offense in a pre-sentence report prepared by the United States Probation Office. In addition, federal law provides for a hearing in which the transferred prisoner can participate. Until these procedures have been completed, the Parole Commission cannot predict the release date of the prisoner before the transfer.

CALCULATION OF GOOD CONDUCT TIME (GCT) IN THE UNITED STATES:

After the Parole Commission determines the release date, the United States Bureau of Prisons will calculate a projected release date by deducting the good conduct credits to which the prisoner is entitled. Under 18 U.S.C. 3624(b), which is applicable only to offenses committed on or after November 1, 1987, good conduct time is awarded based on actual time served at the rate of 54 days per year. The Bureau of Prisons will use one of the following three formulas provided in 18 U.S.C. 4105(c), depending on what type of good conduct time/good behavior credit system existed in the sentencing country:

A prisoner who transfers from a country that grants good behavior credits is entitled to keep all the credits earned prior to the date of the transfer. After transferring, this prisoner is entitled to earn GCT credits on the balance of the time remaining to serve in prison. Any work/labor credits earned will also be credited under 4105(c)(1).

A prisoner who transfers from a country that grants no good behavior credits and no work/labor credits is entitled to earn GCT credits on the total sentence including time spent in foreign custody under 4105(c)(2).

A prisoner who transfers from a country that grants no good behavior credits but does grant work/labor credits is entitled to earn GCT credits on the total sentence including time spent in foreign custody. This prisoner is will also receive the work/labor credits earned while in foreign custody under 4105(c)(2).

INFORMATION FOR TRANSFEREE:

All information provided herein is tentative and subject to change upon receipt of certified documentation. Questions regarding interpretation should be addressed to counsel prior to your verification of consent to transfer hearing.


 

7 FAM Exhibit 483.1 A
Example of letter of Verification of Consent to Transfer to the United States for Execution of Penal Sentence

(CT:CON-971; 03-22-2023)

Title: Example of letter of Verification of Consent to Transfer to the United States for Execution of Penal Sentence - Description: Example of letter of Verification of Consent to Transfer to the United States for Execution of Penal Sentence
7 FAM Exhibit 483.1 B
Example of Withdrawal of Consent to Transfer

(CT:CON-971; 03-22-2023)

Example of Withdrawal of Consent to Transfer


 

UNCLASSIFIED (U)