---
kind: "section"
citation: "18 U.S.C. § 4107"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "4107"
heading: "Verification of consent of offender to transfer from the United States"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/18/4107"
units:
  - "Part III — Prisons and Prisoners"
  - "Chapter 306 — Transfer to or from Foreign Countries"
---

# §4107. Verification of consent of offender to transfer from the United States

- (a) Prior to the [transfer](/usc/18/4101.md?p=j) of an [offender](/usc/18/4101.md?p=e) from the United States, the fact that the [offender](/usc/18/4101.md?p=e) consents to such [transfer](/usc/18/4101.md?p=j) and that such consent is voluntary and with full knowledge of the consequences thereof shall be verified by a United States magistrate judge or a judge as defined in [section 451 of title 28](/usc/28/451.md), United States Code.
- (b) The verifying officer shall inquire of the [offender](/usc/18/4101.md?p=e) whether he understands and agrees that the [transfer](/usc/18/4101.md?p=j) will be subject to the following conditions:
  - (1) only the appropriate courts in the United States may modify or set aside the conviction or [sentence](/usc/18/4101.md?p=h), and any proceedings seeking such action may only be brought in such courts;
  - (2) the [sentence](/usc/18/4101.md?p=h) shall be carried out according to the laws of the country to which he is to be transferred and that those laws are subject to change;
  - (3) if a court in the country to which he is transferred should determine upon a proceeding initiated by him or on his behalf that his [transfer](/usc/18/4101.md?p=j) was not accomplished in accordance with the [treaty](/usc/18/4101.md?p=k) or laws of that country, he may be returned to the United States for the purpose of completing the [sentence](/usc/18/4101.md?p=h) if the United States requests his return; and
  - (4) his consent to [transfer](/usc/18/4101.md?p=j), once verified by the verifying officer, is irrevocable.
- (c) The verifying officer, before determining that an [offender](/usc/18/4101.md?p=e)’s consent is voluntary and given with full knowledge of the consequences, shall advise the [offender](/usc/18/4101.md?p=e) of his right to consult with counsel as provided by this chapter. If the [offender](/usc/18/4101.md?p=e) wishes to consult with counsel before giving his consent, he shall be advised that the proceedings will be continued until he has had an opportunity to consult with counsel.
- (d) The verifying officer shall make the necessary inquiries to determine that the [offender](/usc/18/4101.md?p=e)’s consent is voluntary and not the result of any promises, threats, or other improper inducements, and that the [offender](/usc/18/4101.md?p=e) accepts the [transfer](/usc/18/4101.md?p=j) subject to the conditions set forth in [subsection (b)](#b). The consent and acceptance shall be on an appropriate form prescribed by the Attorney General.
- (e) The proceedings shall be taken down by a reporter or recorded by suitable sound recording equipment. The Attorney General shall maintain custody of the records.

## Source credit

(Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1216; amended Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)

## Notes

### Statutory Notes and Related Subsidiaries

### Change of Name

“United States magistrate judge” substituted for “United States magistrate” in subsec. (a) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.