Countries with no extradition treaty with US

Extradition is the process of transferring a person accused or convicted of a crime from one state to another upon an official request. For the United States of America, this is a legal mechanism by which they can seek the surrender of suspects located abroad for subsequent criminal prosecution.

However, extradition is possible only under certain conditions, and the first thing a person facing the threat of extradition should do is seek help from an experienced Interpol lawyer as soon as possible. Only professional legal protection allows assessing the risks and using all available defense mechanisms. In many cases, individuals located in countries without extradition to the US are subject to protection, although even this does not eliminate all risks.

What is extradition?

Extradition is the process of handing over criminals or suspects to another country to face legal action. For individuals to be transferred between countries, there must be an official extradition treaty signed. Subsequently, such individuals will be subject to criminal prosecution or to serve their court sentences.

Every country has the right not to extradite criminals if there no formal extradition treaties between the states. However, having a valid extradition treaty means there’s a legally binding agreement to hand over suspects or criminals to the law enforcement agencies of the requesting country.

The extradition process includes several stages:

• Extradition request: the state where the crime was committed requests a foreign country to hand over the individual.
• Legal review: a court or competent authority of the country examines the legality and justification of the request.
• Decision: if all conditions are met, the decision to transfer the individual is made.

However, a country can refuse extradition for a number of reasons, including the political nature of the crime, the risk of human rights violations, or the absence of an extradition treaty between countries.

Crimes requiring extradition

If there’s an extradition treaty between two countries, it clearly specifies the crimes for which a suspect can be handed over. However, this can only happen for crimes punishable by imprisonment for more than one year or a more severe penalty in both countries.

A person can only be extradited to serve a sentence if they have been sentenced to imprisonment for at least six months or received a harsher punishment.

In most cases, extradition requests are approved for the following crimes:

• Crime against national security;
• Corruption schemes;
• Major financial schemes like money laundering
• Drug charges;
• Human trafficking.

If the foreign country requesting extradition has the death penalty, but the requested country does not, then extradition will not be carried out if there’s a possibility that the death sentence could be executed.

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Which countries have extradition treaties with the USA

International extradition treaties are official agreements between states aimed at simplifying the procedure for surrendering individuals accused or convicted of committing crimes. These treaties establish mutual obligations: if a person is accused of a crime in one country, the other is obliged to extradite them upon the corresponding request, provided all stipulated conditions are met.

The US has extradition agreements with more than 100 countries worldwide. Among them are Canada, the United Kingdom, France, Germany, Spain, Mexico, Japan, South Korea, Colombia, Australia, and other states with developed legal systems. These treaties are typically concluded between countries with stable diplomatic relations, comparable standards of justice, and mutual trust in the area of human rights compliance.

Thus, for example, extradition from Canada to the US operates, where the procedure is clearly regulated and carried out quickly. Cooperation between countries also includes Mexico extradition to the US, France extradition to the US, Germany extradition to the US, and Australia extradition to the US.

Each agreement may have unique conditions. Some of them imply mandatory extradition for a certain level of severity of the crime (for example, if it is punishable by imprisonment for more than one year). In other cases, exceptions are provided that allow the responding country to refuse extradition. The most common grounds for refusal:

• political nature of persecution;
• the threat of the use of the death penalty (if it is prohibited in the extraditing country);
• the likelihood of torture or an unfair trial;
• the existence of an already rendered court decision on the same charge (ne bis in idem);
• A ban on the extradition of their own citizens (for example, Germany, Brazil, France strictly adhere to this principle).

Contracts themselves do not guarantee automatic extradition. Even with an agreement in place, each extradition requires separate legal review. The requesting party must provide documents confirming the existence of a criminal case, official charges, or a sentence. These materials are evaluated in the courts of the country receiving the request, and only if all legal norms are met can a decision on extradition be made. After the judicial stage, the decision is often approved at the level of the Ministry of Justice or the head of state.

A separate point worth noting is the fact that the absence of a treaty with the USA does not mean the impossibility of extradition. Some countries, despite the lack of an agreement, in certain cases hand over individuals based on political arrangements or their own laws. However, in such situations, the process is less predictable, lengthy, and influenced by the geopolitical climate. This is precisely why it is important not only to know the formal status between countries but also to understand how a specific jurisdiction responds to requests from American authorities.

Thus, the existence of an extradition agreement with the USA creates a legal basis for cooperation but does not always imply the automatic transfer of a person. Each case requires analysis, legal support, and often the intervention of a lawyer who can protect the client’s rights at all stages of the process.

Factors Affecting Extradition (Even with a Treaty)

Even with a formal extradition agreement in place, each country reserves the right to refuse extradition. The following factors may influence this:

• The political nature of the accusations. Many countries do not extradite individuals if they believe that the prosecution is related to political views or activities.
• The presence of the death penalty. If a defendant in the USA may face the death penalty, countries with a humanistic legal system often refuse extradition (for example, Germany, France).
• The citizenship of the accused. Many states do not extradite their own citizens, regardless of the existence of an agreement. For example, Brazil and Germany categorically prohibit the extradition of their citizens.
• Insufficiency of evidence. National courts verify the validity of the request. If the presented evidence is deemed insufficient, extradition does not occur.

Extradition Procedure

The extradition process at the request of the USA begins with the submission of an official request by American authorities. It goes through several stages:

1. Transmission of the request: The U.S. Department of Justice sends the request to the State Department, and from there — to the diplomatic authorities of the country where the wanted person is located.
2. Initial check: The government authorities of the receiving country assess whether the request meets formal requirements. Detention may be initiated if necessary.
3. Court proceedings: The National Court reviews the request and checks whether there are grounds for extradition, whether the case complies with the terms of the agreement, and whether local laws or international human rights norms are not being violated.
4. The final decision: Even if the court rules in favor of extradition, the final word remains with the executive branch—usually with the Minister of Justice or the President.

At every stage, the support of an experienced lawyer is extremely important, who can challenge the legitimacy of the request, seek release on bail, or—if necessary—initiate the process of political asylum. This is especially relevant in cases such as Italy extradition to US, Argentina extradition to US, Greece extradition to US, where compliance with special procedures is required.

Non-Extradition Countries to the US

Sometimes you can hear that a person is “safe” because they are in a country that does not have an extradition treaty with the USA. This is a dangerous misconception. The absence of a formal agreement is not a guarantee that extradition is impossible.

In practice, the governments of some countries may make decisions on extradition based on diplomatic agreements, domestic legislation, or even bypassing formal procedures, especially if the charges are related to terrorism, money laundering, or serious crimes.

Example — Cambodia or Vietnam have extradition to the US: despite the absence of an agreement with the US, extraditions still occurred. In Middle Eastern countries, as Dubai has extradition to the US shows, unconventional legal solutions are also possible.

Among the countries where asylum is often sought, places with no extradition to the US are mentioned, such as Cuba, Ecuador, Montenegro or Colombia have extradition to the US — each of them requires separate analysis.

Therefore, it is important not only to know where there is no treaty but also to correctly assess the legal system and political situation. Below is a table of countries that do not have an official extradition agreement with the USA (as of 2024), grouped by continents:

However, even when choosing one of these countries, it is necessary to obtain competent legal advice. A lawyer will not only help choose the country where it is legally safer to stay but also point out possible long-term risks.

Legal advice

Extradition is not just a legal procedure. It is a fight for freedom, reputation, and often—for life. Even if you are in a country that does not cooperate with the USA, you should not rely on luck.

We strongly recommend seeking assistance from a professional lawyer specializing in Interpol cases and extradition as early as possible. This is especially important in the case of receiving a notice, an Interpol red notice, or the initiation of proceedings.

Our lawyers have experience in dozens of cases related to the international protection of clients’ rights. We know how to handle cases in different jurisdictions, how to appeal extradition, and how to achieve the removal of a Red Notice from Interpol’s database. Do not delay — much depends on the speed of response.

Dr. Anatoliy Yarovyi

Senior Partner

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+357 25 059 684

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[email protected]

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