Title 18 — Crimes and Criminal ProcedureRelease 119-73

§3263 Delivery to authorities of foreign countries

Title 18 › Part PART II— - CRIMINAL PROCEDURE › Chapter CHAPTER 212— - MILITARY EXTRATERRITORIAL JURISDICTION › § 3263

Last updated Apr 6, 2026|Official source

Summary

A person who is allowed under section 3262(a) can hand over someone covered by section 3261(a) to officials in another country if two things are met: the foreign officials ask for the person to be sent to them for trial for conduct that would be a crime under that country’s laws, and the handover is allowed by a treaty or international agreement the United States is part of. The Secretary of Defense, after talking with the Secretary of State, decides which foreign officials count as the right ones to receive the person.

Full Legal Text

Title 18, §3263

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Any person designated and authorized under section 3262(a) may deliver a person described in section 3261(a) to the appropriate authorities of a foreign country in which such person is alleged to have violated section 3261(a) if—

(1)appropriate authorities of that country request the delivery of the person to such country for trial for such conduct as an offense under the laws of that country; and

(2)the delivery of such person to that country is authorized by a treaty or other international agreement to which the United States is a party.

(b)The Secretary of Defense, in consultation with the Secretary of State, shall determine which officials of a foreign country constitute appropriate authorities for purposes of this section.

Reference

Citations & Metadata

Citation

18 U.S.C. § 3263

Title 18 — Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73