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733 Effect of Transfer

Jurisdiction over any proceeding to challenge, modify, and/or set aside the offender's conviction or sentence remains with the country in which the sentence was imposed. The transferring country also retains the power to pardon or grant amnesty to an offender, in which case the receiving State is required to release the prisoner. Otherwise, the sentence itself is transferred and the completion of the transferred offender's sentence is carried out in accordance with the laws and procedures of the receiving country, including the application of any provisions for reduction of the term of confinement by parole, conditional release, or otherwise.

The Federal Government enforces the sentences imposed on United States nationals who are transferred from foreign prisons back to this country. It is bound by the treaties with Mexico and Canada not to enforce any sentence of confinement in such a way as to extend a sentence's duration beyond the date at which it would have terminated according to the sentence imposed by the sending country. With respect to prisoners who are transferred from countries which are signatories to the Council of Europe Convention (see list of signatory countries, infra) the United States has elected to "continue" rather than "convert" sentences imposed by the sentencing State. Notwithstanding these understandings, the United States is permitted to apply its own laws relating to the administration of such sentences. Accordingly, after a prisoner is returned to the United States, the United States Parole Commission conducts a transferee release determination and determines the release date of the transferee in accordance with 18 U.S.C. § 4106A (or in accordance with 18 U.S.C. § 4106 in the case of transferees who committed their offenses prior to November 1, 1987). Such release date would, with respect to transferees whose offenses are committed abroad after November 1, 1987, include a term of supervised release following release from prison.

When prisoners are transferred from one country to another, the transferring country loses jurisdiction over the prisoner's sentence, and violations of the terms or conditions of the original sentence cannot be enforced by the transferring country, even if the prisoner should return, lawfully or unlawfully, to that country. Accordingly, the United States has no authority to revoke supervision or to impose sanctions for violations of the conditions of parole or supervised release of a prisoner who has been transferred out of the United States but who later returns to this country after being released from the foreign prison.


October 1997 Criminal Resource Manual 733