WHAT U.S. LAW GOVERNS THE TRANSFER OF PRISONERS TO AND FROM FOREIGN COUNTRIES?
A. The United States has enacted legislation implementing all prisoner transfer treaties. See 18 USC ยงยง 4100 et seq. See also 28 CFR 2.62 and 7 Foreign Affairs Manual 480. Q. WHO MUST AUTHORIZE THE TRANSFER OF THE PRISONER? A. The consent of (1) the U.S. Government, (2) the foreign government and (3) the prisoner is required for each transfer. If the person was convicted of a crime by a state in the United States, and is serving a sentence in a state facility, consent of the state is also required. The decision to transfer a prisoner is a discretionary decision to be made by each country. See the Department of Justice International Prisoner Transfer web site for further information. Q. WHO IS ELIGIBLE TO APPLY FOR TRANSFER? A. A prisoner may apply for transfer to a country of which he/she is a citizen or national in accordance with the provisions of the governing treaty. However, a prisoner is not eligible for transfer until the judgment and sentence in his case is final; that is, when
