When the FBI Seeks Extradition…®

EXTRADITION TREATY LAW AND PROCEDURE


Scope and Content of Surrender Warrant Issued by Secretary of State

Authorization is given to the Secretary of State to surrender the individual to be "tried" for the offense or offenses for which he has been found extraditable. Absent treaty language at least insinuating that a convicted individual serve his sentence in the requesting country, it appears the Secretary of State can only authorize the individual be surrendered for trial. In addition, the Secretary of State may only order the surrender pursuant to the offense of which the individual was charged.