Title 18, Crimes and Criminal ProcedureRelease 119-102

§3292 Suspension of Limitations to Permit United States to Obtain Foreign Evidence

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

Last updated Aug 21, 2026|Official source

Summary

Lets a court pause the time limit for bringing criminal charges when the United States asks a foreign government for evidence. The government must ask before an indictment is returned, and the judge must find it is more likely than not that a formal request was made and the evidence is or was in the other country. The judge must decide the request within 30 days. The pause starts when the official request is made and ends when the foreign authority gives final action. All pauses for one offense cannot total more than three years, and they cannot delay the deadline to start a case by more than six months if the foreign authorities act before the original deadline would have run out. An “official request” means a letter rogatory, a treaty or convention request, or any other official request from a U.S. court or law-enforcement office 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 18, Crimes and Criminal Procedure

Last Updated

Aug 21, 2026

Release point: 119-102