---
kind: "section"
citation: "22 U.S.C. § 7402"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "7402"
heading: "Prohibition on extradition or transfer of United States citizens to the International Criminal Court"
release: "119-102"
url: "https://uscodex.org/usc/22/7402"
units:
  - "Chapter 81 — International Criminal Court"
  - "Subchapter I — General Provisions"
---

# §7402. Prohibition on extradition or transfer of United States citizens to the International Criminal Court

- (a) **Prohibition on extradition—** None of the [funds](/usc/22/2431a.md?p=9) authorized to be appropriated or otherwise made available by this or any other Act may be used to extradite a [United States](/usc/22/1395.md?p=a-1) citizen to a [foreign country](/usc/22/2321c.md?p=2) that is under an obligation to surrender persons to the [International Criminal Court](#c) unless that [foreign country](/usc/22/2321c.md?p=2) confirms to the [United States](/usc/22/1395.md?p=a-1) that applicable prohibitions on reextradition apply to such surrender or gives other satisfactory assurances to the [United States](/usc/22/1395.md?p=a-1) that the country will not extradite or otherwise transfer that citizen to the [International Criminal Court](#c).
- (b) **Prohibition on consent to extradition by third countries—** None of the [funds](/usc/22/2431a.md?p=9) authorized to be appropriated or otherwise made available by this or any other Act may be used to provide consent to the extradition or transfer of a [United States](/usc/22/1395.md?p=a-1) citizen by a [foreign country](/usc/22/2321c.md?p=2) to a third country that is under an obligation to surrender persons to the [International Criminal Court](#c), unless the third country confirms to the [United States](/usc/22/1395.md?p=a-1) that applicable prohibitions on reextradition apply to such surrender or gives other satisfactory assurances to the [United States](/usc/22/1395.md?p=a-1) that the third country will not extradite or otherwise transfer that citizen to the [International Criminal Court](#c).
- (c) **Definition—** In this section, the term “International Criminal Court” has the meaning given the term in [section 7401(c) of this title](/usc/22/7401.md?p=c).

## Source credit

(Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VII, § 706], Nov. 29, 1999, 113 Stat. 1536, 1501A–461.)

## Notes

### Editorial Notes

### Codification

Section was formerly set out as a note under section 262–1 of this title.