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Chapter 9 Foreign Fugitive File

Chapter 9 Foreign Fugitive File

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WSP Special Operations - Procedures Manual
WSP Special Operations - Procedures Manual

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Published by: Andrew Charles Hendricks on Jul 28, 2013
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ACCESS Operations Manual Foreign Fugitive File Chapter 9-1Revised March 2013
Table of ContentsSECTION 01:
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ACCESS Operations Manual Foreign Fugitive File Chapter 9-2Revised March 2013
CHAPTER 09: FOREIGN FUGITIVE FILESECTION 01: INTRODUCTION
 
Procedure #:
09.01.000
Effective Date:
May 1, 2012
 Supersedes: See Also: Applies To:
All ACCESS Users
CALEA:I. PURPOSE OF THE FOREIGN FUGITIVE FILE
A. The Foreign Fugitive File was established July 1, 1987, it containsinformation on persons wanted in connection with offenses committedoutside the United States.B. There are two types of records in the Foreign Fugitive File: Canadianrecords and International Criminal Police Organization (INTERPOL)records. Canadian records contain information on persons wanted forviolations of the Criminal Code of Canada based upon Canada-widewarrants. INTERPOL records contain information on persons wanted byauthorities in other countries.C. The Royal Canadian Mounted Police (RCMP) is the only authorizedCanadian agency that can enter and update Canadian records. A userreceiving a Canadian record in response to an inquiry is advised in acaveat that the fugitive is wanted on a Canadian warrant, and no arrestcan be executed in the United States solely on that basis. The caveatfurther directs the inquiring agency to contact the RCMP to initiate theprocess of obtaining a U.S. extradition warrant (3184 Warrant), asauthorized by Title 18, USC, Section 3184.D. INTERPOL records contain information entered for foreign countries bythe United States National Central Bureau (USNCB) of INTERPOL, whichis housed in the U.S. Department of Justice. The National Central Bureauof any country may issue a wanted flyer, known as a Red Notice, for afugitive wanted within its respective country. The Red Notice requests thearrest of the fugitive with the intention that extradition will occur. In additionto the fugitive's physical description, the Red Notice contains details of thecharge(s), warrant information, and prior criminal history information. RedNotices are distributed to the National Central Bureaus in all INTERPOLmember countries.E. Upon receipt of a Red Notice, the USNCB reviews the information andenters a record if the entry criteria is met. Any agency making an inquiryon a foreign fugitive will be advised that the fugitive cannot be arrestedsolely upon the Foreign Fugitive File record and to contact theUSNCB/INTERPOL. The USNCB is responsible for confirming that theforeign arrest warrant is still outstanding, determining whether the foreign
 
ACCESS Operations Manual Foreign Fugitive File Chapter 9-3Revised March 2013
country will proceed with extradition, and notifying other U.S. Departmentof Justice officials to have a U.S. arrest warrant issued.
II. CRITIERIA FOR ENTRY INTO THE FOREIGN FUGITIVE FILE
A. Canadian Records1. Records may be entered for individuals who are wanted forviolations of the Criminal Code of Canada and for whom there is anoutstanding Canada-wide warrant that meets the requirements of the Extradition Treaty, Title 18, USC, Section 3184. These entriescan only be made for authorized Canadian agencies by the RCMP. The RCMP must have a warrant (electronic or hard copy) on file tosupport each entry.B. INTERPOL (USNCB Records)1. The wanting country has an outstanding arrest warrant that chargesa crime which would be a felony if committed in the United States,and2. The wanting country is a signatory to an extraditiontreaty/convention with the United States, or3. The subject is wanted for a violent crime or is otherwise known tobe violent, armed, or dangerous.C. INTERPOL must have a wanted notice (electronic or hard copy) on file tosupport each entry.
III. RETENTION PERIOD FOR THE FOREIGN FUGITIVE FILE
A. Foreign Fugitive File records have an unlimited retention period. A foreignfugitive (EW) record will remain on file indefinitely or until action is takenby the originating agency to clear or cancel the record.
IV. VALIDATION
A. Foreign Fugitive File records are validated monthly. Each record enteredwill be subject to validation three months after entry and annuallythereafter

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