Title 18Crimes and Criminal ProcedureRelease 119-73

§3292 Suspension of limitations to permit United States to obtain foreign evidence

Title 18 › Part PART II— - CRIMINAL PROCEDURE › Chapter CHAPTER 213— - LIMITATIONS › § 3292

Last updated Apr 6, 2026|Official source

Summary

Suspends the time limit for bringing charges when the United States asks a court, before an indictment is returned, because evidence is believed to be in another country. The court must find, by more likely than not, that an official request was made and that the evidence is or was in that foreign country. The court must decide the request within 30 days. The suspension runs from the date the request is made until the foreign authority takes final action. Total suspensions for the same offense cannot add up to more than 3 years. The suspension also cannot push back the deadline to start a case by more than 6 months if the foreign authorities finish before the deadline would have run out without this rule. "Official request" means a letter rogatory, a treaty or convention request, or any other request from a U.S. court or law enforcement to a foreign court or authority.

Full Legal Text

Title 18, §3292

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

18 U.S.C. § 3292

Title 18Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73