Persons who are cooperating with a prosecutor may try to include a "no extradition" clause in their plea agreements. Such agreements, whether formal or informal, may be given effect by the courts. If a foreign country subsequently requests the person's extradition, the United States faces the unpleasant dilemma of breaching its solemn word either to the person involved or to its treaty partner. Petition of Geisser, 627 F.2d 745 (5th Cir. 1980), describes the enormous practical problems of resolving such a dilemma. Related matters involve agreements with potential witnesses to prevent or delay their removal.

Prosecutors may not agree either formally or informally to prevent or delay extradition or removal unless they submit a written request for authorization, and receive an express written approval from the Assistant Attorney General, Criminal Division. Requests should be submitted to the Office of International Affairs (OIA) after endorsement by the head of the section or office responsible for supervising the case.

Similarly, prosecutors may not agree, either formally or informally, absolutely not to share with a foreign government evidence provided by an individual or entity without prior approval from OIA. (Prosecutors may, however, without seeking OIA approval, agree with individuals or entities that they will share such evidence only under the same conditions that bind U.S. prosecutors, as long as any such agreement does not discriminate against foreign authorities.) OIA will work with prosecutors to ensure that production of evidence and information developed in U.S. cases is consistent with U.S. law enforcement interests as well as treaty obligations. In appropriate cases, OIA can invoke provisions of the treaty to ensure that foreign authorities use the evidence produced consistent with any conditions or limitations that may apply to disclosure or use of the evidence.

[cited in JM 9-16.020; JM 9-73.510][updated June 2018]