---
kind: "section"
citation: "18 U.S.C. § 4105"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "4105"
heading: "Transfer of offenders serving sentence of imprisonment"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/18/4105"
units:
  - "Part III — Prisons and Prisoners"
  - "Chapter 306 — Transfer to or from Foreign Countries"
---

# §4105. Transfer of offenders serving sentence of imprisonment

- (a) Except as provided elsewhere in this section, an [offender](/usc/18/4101.md?p=e) serving a [sentence](/usc/18/4101.md?p=h) of [imprisonment](/usc/18/4101.md?p=b) in a foreign country transferred to the custody of the Attorney General shall remain in the custody of the Attorney General under the same conditions and for the same period of time as an [offender](/usc/18/4101.md?p=e) who had been committed to the custody of the Attorney General by a court of the United States for the period of time imposed by the sentencing court.
- (b) The transferred [offender](/usc/18/4101.md?p=e) shall be given credit toward service of the [sentence](/usc/18/4101.md?p=h) for any days, prior to the date of commencement of the [sentence](/usc/18/4101.md?p=h), spent in custody in connection with the offense or acts for which the [sentence](/usc/18/4101.md?p=h) was imposed.
- (c)
  - (1) The transferred [offender](/usc/18/4101.md?p=e) shall be entitled to all credits for good time, for labor, or any other credit toward the service of the [sentence](/usc/18/4101.md?p=h) which had been given by the transferring country for time served as of the time of the [transfer](/usc/18/4101.md?p=j). Subsequent to the [transfer](/usc/18/4101.md?p=j), the [offender](/usc/18/4101.md?p=e) shall in addition be entitled to credits toward service of [sentence](/usc/18/4101.md?p=h) for satisfactory behavior, computed on the basis of the time remaining to be served at the time of the [transfer](/usc/18/4101.md?p=j) and at the rate provided in [section 3624(b) of this title](/usc/18/3624.md?p=b) for a [sentence](/usc/18/4101.md?p=h) of the length of the total [sentence](/usc/18/4101.md?p=h) imposed and certified by the foreign authorities. These credits shall be combined to provide a release date for the [offender](/usc/18/4101.md?p=e) pursuant to [section 3624(a) of this title](/usc/18/3624.md?p=a).
  - (2) If the country from which the [offender](/usc/18/4101.md?p=e) is transferred does not give credit for good time, the basis of computing the deduction from the [sentence](/usc/18/4101.md?p=h) shall be the [sentence](/usc/18/4101.md?p=h) imposed by the sentencing court and certified to be served upon [transfer](/usc/18/4101.md?p=j), at the rate provided in [section 3624(b) of this title](/usc/18/3624.md?p=b).
  - (3) Credit toward service of [sentence](/usc/18/4101.md?p=h) may be withheld as provided in [section 3624(b) of this title](/usc/18/3624.md?p=b).
  - (4) Any [sentence](/usc/18/4101.md?p=h) for an offense against the United States, imposed while the transferred [offender](/usc/18/4101.md?p=e) is serving the [sentence](/usc/18/4101.md?p=h) of [imprisonment](/usc/18/4101.md?p=b) imposed in a foreign country, shall be aggregated with the foreign [sentence](/usc/18/4101.md?p=h), in the same manner as if the foreign [sentence](/usc/18/4101.md?p=h) was one imposed by a United States district court for an offense against the United States.

## Source credit

(Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1215; amended Pub. L. 98–473, title II, § 223(m)(2), Oct. 12, 1984, 98 Stat. 2029.)

## Notes

### Editorial Notes

### Amendments

1984—Subsec. (c)(1). Pub. L. 98–473 substituted “toward service of sentence for satisfactory behavior” for “for good time”, “3624(b)” for “4161”, and “3624(a)” for “4164”.

Subsec. (c)(2). Pub. L. 98–473 substituted “3624(b)” for “4161”.

Subsec. (c)(3), (4). Pub. L. 98–473 redesignated par. (4) as (3) and amended it generally, and struck out former par. (3). Prior to redesignation and amendment, former pars. (3) and (4) read as follows:

“(3) A transferred offender may earn extra good time deductions, as authorized in section 4162 of this title, from the time of transfer.

“(4) All credits toward service of the sentence, other than the credit for time in custody before sentencing, may be forfeited as provided in section 4165 of this title and may be restored by the Attorney General as provided in section 4166 of this title.”

Subsec. (c)(5). Pub. L. 98–473 redesignated par. (5) as (4).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1984 Amendment

Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.