18 U.S.C. § 4100 : US Code - Section 4100: Scope and limitation of chapter

Search 18 U.S.C. § 4100 : US Code - Section 4100: Scope and limitation of chapter

(a) The provisions of this chapter relating to the transfer of
offenders shall be applicable only when a treaty providing for such
a transfer is in force, and shall only be applicable to transfers
of offenders to and from a foreign country pursuant to such a
treaty. A sentence imposed by a foreign country upon an offender
who is subsequently transferred to the United States pursuant to a
treaty shall be subject to being fully executed in the United
States even though the treaty under which the offender was
transferred is no longer in force.
(b) An offender may be transferred from the United States
pursuant to this chapter only to a country of which the offender is
a citizen or national. Only an offender who is a citizen or
national of the United States may be transferred to the United
States. An offender may be transferred to or from the United States
only with the offender's consent, and only if the offense for which
the offender was sentenced satisfies the requirement of double
criminality as defined in this chapter. Once an offender's consent
to transfer has been verified by a verifying officer, that consent
shall be irrevocable. If at the time of transfer the offender is
under eighteen years of age, or is deemed by the verifying officer
to be mentally incompetent or otherwise incapable of knowingly and
voluntarily consenting to the transfer, the transfer shall not be
accomplished unless consent to the transfer be given by a parent or
guardian, guardian ad litem, or by an appropriate court of the
sentencing country. The appointment of a guardian ad litem shall be
independent of the appointment of counsel under section 4109 of
this title.
(c) An offender shall not be transferred to or from the United
States if a proceeding by way of appeal or of collateral attack
upon the conviction or sentence be pending.
(d) The United States upon receiving notice from the country
which imposed the sentence that the offender has been granted a
pardon, commutation, or amnesty, or that there has been an
ameliorating modification or a revocation of the sentence shall
give the offender the benefit of the action taken by the sentencing
country.