[Federal Register Volume 59, Number 174 (Friday, September 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22329]


[[Page Unknown]]

[Federal Register: September 9, 1994]


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DEPARTMENT OF JUSTICE
Office of the Attorney General

28 CFR Part 0

[AG Order No. 1913-94]

 

Delegations and Authorizations Respecting Certain Temporary 
Prisoner-Witness Transfers

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: When the testimony of a witness who is in the custody of 
foreign law enforcement authorities is needed in a Federal or State 
criminal proceeding, the Attorney General is authorized, when deemed 
appropriate in the exercise of his or her discretion, to request 
foreign authorities to authorize the temporary transfer of such witness 
to the United States for purposes of giving such testimony. This final 
rule delegates to the Assistant Attorney General for the Criminal 
Division all such authority vested in the Attorney General, except for 
transport and custody functions, which, also pursuant to this rule, are 
delegated to the Director, United States Marshals Service.

EFFECTIVE DATE: September 9, 1994.

FOR FURTHER INFORMATION CONTACT:
George W. Proctor, Director, Office of International Affairs, Criminal 
Division, Department of Justice, Washington, D.C. 20530; 202-514-0000.

SUPPLEMENTARY INFORMATION: The growth of transnational crime and the 
commensurate increase in formal cooperation between law enforcement 
authorities in affected countries have spawned an increasing number of 
situations in which one country's prosecutors may require the testimony 
of a cooperating witness who is in another country's custody. This 
situation has been addressed in the many mutual legal assistance 
treaties the United States has entered over the past decade, and, with 
respect to temporary transfers of witnesses to the United States, was 
specifically authorized by Congress in section 3508 of title 18, United 
States Code (Pub. L. 100-690, Nov. 18, 1988).
    Section 3508 provides a statutory basis for requesting such 
transfers, transporting prisoner-witnesses in custody to the United 
States, maintaining their custody while in this country, and effecting 
their return to the cooperating foreign country without resort to 
extradition or immigration proceedings in the United States upon 
completion of their testimony.
    These transfers require careful consideration, especially when the 
witness is a United States citizen or other person who might resist 
being returned to the cooperating foreign country, or an alien whose 
circumstances suggest the likelihood of a request for political asylum. 
The United States has arranged transfers of willing prisoner-witnesses 
from several countries under section 3508, and the number of such 
requests is likely to increase.
    Consistent with past practice in matters of international law 
enforcement cooperation, including the practice whereby the Office of 
International Affairs, Criminal Division, exercises the functions of 
the Central Authority under mutual legal assistance treaties to which 
the United States is a party, this rule delegates to the Assistant 
Attorney General for the Criminal Division, with authority to 
redelegate to Deputy Assistant Attorneys General and the Director and 
Deputy Directors, Office of International Affairs, all power and 
authority vested in the Attorney General under section 3508, except for 
transport and custody functions which, also pursuant to this rule, are 
delegated to the Director, United States Marshals Service.
    This rule is a matter of internal Department management. It has 
been drafted and reviewed in accordance with section 1(b) of Executive 
Order 12866. It has been determined that this rule is not a 
``significant regulatory action'' under section 3(f) of Executive Order 
12866 and accordingly this rule has not been reviewed by the Office of 
Management and Budget.
    In accordance with the Regulatory Flexibility Act (5 U.S.C. 
605(b)), the Attorney General has reviewed this rule and by approving 
it certifies that it will not have a significant economic impact on a 
substantial number of small entities.
    This rule will not have substantial direct impact upon the states, 
on the relationship between the national government and the states, or 
on distribution of power and responsibilities among the various levels 
of government. Therefore, in accordance with Executive Order 12612, it 
is determined that this rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

List of Subjects in 28 CFR Part 0

    Authority delegations (Government agencies), Government employees, 
International agreements, Organization and functions (Government 
agencies), Treaties, Whistleblowing.

     For the reasons stated in the preamble, Chapter I, Part 0 of title 
28 of the Code of Federal Regulations is amended as follows:

PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE

    1. The authority citation for Part 0 continues to read as follows:

    Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.

    2. A new Sec. 0.64-4 is added to Subpart K, to read as follows:


Sec. 0.64-4  Delegation respecting temporary transfers, in custody of 
certain prisoner-witnesses from a foreign country to the United States 
to testify in Federal or State criminal proceedings.

    The Assistant Attorney General in charge of the Criminal Division 
is authorized to exercise all of the power and authority vested in the 
Attorney General under 18 U.S.C. 3508 which has not been delegated to 
the Director of the United States Marshals Service under 28 CFR 0.111a, 
including specifically the authority to determine whether and under 
what circumstances temporary transfer of a prisoner-witness to the 
United States is appropriate or inappropriate; to determine the point 
at which the witness should be returned to the transferring country; 
and to enter into appropriate agreements with the transferring country 
regarding the terms and conditions of the transfer. The Assistant 
Attorney General in charge of the Criminal Division is authorized to 
redelegate this authority to the Deputy Assistant Attorneys General, 
Criminal Division, and to the Director and Deputy Directors of the 
Office of International Affairs, Criminal Division.
    3. A new Sec. 0.111a is added to Subpart T, to read as follows:


Sec. 0.111a  Temporary prisoner-witness transfers.

    The Director of the United States Marshals Service and officers of 
the United States Marshals Service designated by him are authorized to 
exercise the power and authority vested in the Attorney General under 
18 U.S.C. 3508 to receive custody from foreign authorities of prisoner-
witnesses whose temporary transfer to the United States has been 
requested; to transport such persons in custody from the cooperating 
foreign country to the place in the United States at which the criminal 
proceedings in which they are to testify are pending; to maintain such 
persons in custody while they are in the United States, subject to any 
agreement entered into by the Assistant Attorney General for the 
Criminal Division or his or her delegee with the transferring country 
regarding the terms or conditions of the transfer; and to return such 
persons, in custody, to the foreign country when and in the manner 
designated by the Assistant Attorney General for the Criminal Division 
or his or her delegee. The Director of the United States Marshals 
Service and officers of the United States Marshals Service designated 
by him shall also be authorized to transport, surrender, receive and 
maintain custody of prisoner-witnesses temporarily transferred from or 
to the United States pursuant to a treaty, executive agreement, or 
other legal authority, and accept reimbursement from foreign 
authorities when appropriate.

    Dated: August 23, 1994.
Janet Reno,
Attorney General.
[FR Doc. 94-22329 Filed 9-8-94; 8:45 am]
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