The transfer decision is a discretionary judgment made by the sentencing country and the receiving country. A prisoner does not have a “right” to transfer nor can the sentencing country or receiving country force the prisoner to transfer. Each transfer application submitted to the Department presents a unique set of facts that must be evaluated on its individual merits. To assist it in evaluating the hundreds of transfer applications that it receives each year and to ensure consistency in decision-making, the Department has formulated guidelines that reflect the Department’s views concerning the various factors affecting the transfer decision. These guidelines [https://www.justice.gov/criminal-oia/guidelines-evaluation-transfer-requests-submitted-foreign-nationals] focus on three areas: the likelihood of social rehabilitation of the prisoner; important law enforcement interests and concerns that are implicated by the transfer; and the presence of any compelling humanitarian concerns.

[updated January 2020]