9 1 person so ordered extraditable to the custody of an agent of 2 the foreign state requesting extradition. 3 "§ 3194. Hearing and order 4 "(a) The court shall, as soon as practicable after arrest 5 or summons of the person sought to be extradited, hold a 6 hearing to determine issues of law and fact with respect to a 7 complaint filed under section 3192 of this title unless such 8 hearing is waived under section 3193 of this title. 9 "(b)(1) At a hearing under this section, the person 10 sought to be extradited has the right 11 12 13 14 15 16 17 "(A) to representation by counsel, including counsel appointed without cost to such person if such person is financially unable to obtain counsel; "(B) to confront and cross-examine witnesses; and "(C) to introduce evidence with respect to the issues before the court. "(2) The guilt or innocence of the person sought to be 18 extradited of the charges with respect to which extradition is 19 sought is not an issue before the court. 20 "(c) The court shall inform the person sought to be ex 21 tradited of the purpose of the hearing and of the rights de 22 scribed in subsection (b) of this section. 23 "(d)(1) Except as otherwise provided in this chapter, the 24 court shall order a person extraditable after a hearing under 25 this section if the court finds 10 "(A) probable cause to believe that the person before the court is the person sought; "(B)(i) probable cause to believe that the person before the court committed the offense for which such person is sought; or "(ii) the evidence presented is sufficient to support extradition under the provisions of the applicable treaty concerning extradition; and "(C) the conduct upon which the request for ex tradition is based "(i) would be punishable under the laws of "(D) the United States; "(II) the majority of the States of the United States; or' "(III) the State where the fugitive is found; and "(ii)(I) at least one such offense is punishable by a term of more than one year's imprisonment, in the case of a person before the court who is sought for trial; or "(II) more than one hundred and eighty days of imprisonment remain to be served with respect to such offense, in the case of a person before the court who is sought for imprisonment. 1 11 “(2) The court shall not order a person extraditable 2 after a hearing under this section if the court finds 3 4 5 6 7 8 9 10 11 12 13 14 15 "(A) such person is charged with an offense with respect to which the limitations provided by the applicable treaty concerning extradition, or, if such treaty provides none, the limitations of the law of the pros ecuting foreign state, on commencement of prosecution have run; "(B) the applicable treaty concerning extradition provides an applicable defense against extradition; or "(C) the person has established by the preponderance of the evidence that any offense for which such person may be subject to prosecution or punishment if extradited is a political offense. "(e)(1)(A) Upon motion made by the person sought to be 16 extradited or the Attorney General, the United States district 17 court may order the determination of any issue under subsec18 tion (d)(2)(C) of this section by a judge of such court. 19 "(B) No issue under subsection (d)(2)(C) of this section 20 shall be determined by the court and no evidence shall be 21 received with respect to such issue unless and until the court 22 determines the person sought is otherwise extraditable. 23 “(2) For the purposes of this section, a political offense 24 does not include 1 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 222 20 21 12 "(A) an offense within the scope of the Conven tion for the Suppression of Unlawful Seizure of Aircraft (signed at The Hague on December 16, 1970); "(B) an offense within the scope of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (signed at Montreal on September 23, 1971); "(C) a serious offense involving an attack against the life, physical integrity, or liberty of internationally protected persons (as defined in section 1116 of this title), including diplomatic agents; "(D) an offense with respect to which a multilateral treaty obligates the United States to either extradite or prosecute a person accused of the offense; "(E) an offense that consists of the manufacture, importation, distribution, or sale of narcotics or dangerous drugs; or "(F) an attempt or conspiracy to commit an of fense described in subparagraphs (A), through (E) of this paragraph, or participation as an accomplice of a person who commits, attempts, or conspires to commit. such an offense. "(3) For the purposes of this section, a political offense, 24 except in extraordinary circumstances, does not include 30-993 0-84--2 14 13 "(A) an offense that consists of homicide, assault with intent to commit serious bodily injury, kidnaping, the taking of a hostage, or a serious unlawful detention; "(B) an offense involving the use of a firearm (as such term is defined in section 921 of this title) if such use endangers a person other than the offender; "(C) rape; or "(D) an attempt or conspiracy to commit an of fense described in subparagraph (A), (B), or (C) of this paragraph, or participation as an accomplice of a person who commits, attempts, or conspires to commit. such an offense. "(4)(A) Any issue as to whether the foreign state is 15 seeking extradition of a person for the purpose of prosecuting 16 or punishing the person because of such person's political 17 opinions, race, religion, or nationality shall be determined by 18 the Secretary of State in the discretion of the Secretary of 19 State. 20 "(B) Any issue as to whether the extradition of a person 21 to a foreign state would be incompatible with humanitarian 22 considerations shall be determined by the Secretary of State 23 in the discretion of the Secretary of State. 24 "(f) The court shall state the reasons for its findings as 25 to each charge or conviction, and certify— |