4 1 "(3) If extradition of an individual is requested by more 2 than one foreign state, whether for the same or different of3 fenses, the Secretary of State may in the discretion of the 4 Secretary of State determine which request to honor after 5 consideration of all relevant factors, including "(A) those set forth in an applicable treaty concerning extradition; "(B) the nationality of the individual; "(C) the state in which the offense is alleged to have occurred; and "(D) if different offenses are involved, which offense is punishable by the most severe penalty, and if the penalties are substantially equal the order in which the requests were received. "(b) A complaint under this section shall— "(1) be made under oath or affirmation; "(2) specify the offense for which extradition is sought; "(3) contain any matter not otherwise required by this chapter but required by the applicable treaty con cerning extradition; and "(4) either "(A) be accompanied by "(i) a copy of the request of the foreign state for extradition; and 19 20 5 "(ii) the evidence and documents re quired by the applicable treaty concerning extradition; or "(B) contain "(i) information sufficient to identify the person sought; "(ii) a statement "(D) of the essential factual allegations of conduct constituting the offense that the person sought is believed to have committed; or "(II) that a judicial document authorizing the arrest or detention of such person on account of accusation or conviction of a crime is outstanding in the foreign state seeking extradition; and "(iii) a description of the circumstances justifying such person's arrest. "(c) The Attorney General may file a complaint under 21 this chapter in the United States District Court for the Dis22 trict of Columbia if the Attorney General does not know 23 where the person sought may be found. When the person is 24 found, the matter shall be transferred to the United States 6 1 district court to which the person arrested is taken under 2 subsection (d) of this section. 3 "(d)(1) Upon the filing of the complaint under this sec4 tion, the court shall issue a warrant for the arrest of the 5 person sought, or, if the Attorney General so requests, a 6 summons to such person to appear at an extradition hearing 7 under this chapter. The warrant or summons shall be execut8 ed and returned in the manner prescribed for the execution 9 and return of a warrant or summons, as the case may be, 10 under the Federal Rules of Criminal Procedure. A person 11 arrested under this section shall be taken without unneces12 sary delay before the nearest available United States district 13 court for further proceedings under this chapter. 14 “(2) During the first ten days following the arrest of a 15 person under this section, the court shall order such person 16 detained and not order release of such person under section 17 3199(c) of this title, pending the disposition of the complaint 18 under this chapter, unless the Government is ready to pro19 ceed under this chapter before the end of such ten-day period 20 or such person shows by the preponderance of the evidence 21 that if so released "(A) such person does not present a substantial risk of flight; "(B) such person does not present a danger to any other person or the community; and 1 2 3 4 7 "(C) no relationship with a foreign state will be jeopardized with respect to a treaty concerning extradi tion. "(3) The ten-day period referred to in paragraph (2) of 5 this subsection may be extended for successive five-day peri6 ods upon the application of the Government and a showing of 7 good cause. 8 "(e) The court shall order the release, pending the ex9 tradition hearing, of a person arrested under this section if 10 there has not been filed with the court before the end of sixty 11 days after the arrest of such person the evidence and docu12 ments required by the applicable treaty concerning extradi13 tion or notice that such evidence and documents have been 14 received by the Department of State and will promptly be 15 transmitted to the court. The court may extend such sixty16 day period for successive periods of fifteen days each upon a 17 showing of good cause by the Attorney General with respect 18 to each such extension. In any case, if the applicable treaty 19 concerning extradition requires such release before the end of 20 the period otherwise specified by this subsection, the court 21 shall order such release in accordance with such treaty. 22 "83193. Waiver of hearing 23 "(a) A person against whom a complaint is filed under 24 this section may, with the consent of the Attorney General, 25 waive the requirements of this chapter for a hearing by in 8 1 forming the court that such person consents to removal to the 2 foreign state requesting extradition. Such a waiver may not 3 be revoked unless the court determines that an extraordinary 4 change of circumstances warrants such revocation. 5 6 7 8 9 10 11 12 13 14 15 16 17 "(b) The court shall "(1) inform a person making a waiver under this section of such person's right to representation by counsel, including counsel appointed without cost to such person if such person is financially unable to obtain counsel; and "(2) inquire of such person and determine whether such waiver is "(A) voluntary and not the result of threat or other improper inducement; and "(B) given with full knowledge of its legal consequences. "(c) If the court determines the waiver is one described 18 in subsection (b)(2) (A) and (B) of this section, the court shall 19 order the person making such waiver extraditable and certify 20 a transcript of the court's proceeding in the matter to the 21 Secretary of State. The Attorney General shall notify the 22 foreign state requesting extradition of the order of extradition 23 and the time limitation under section 3196(c) of this title on 24 detention of the person sought. The Attorney General shall, 25 except as otherwise provided by this chapter, surrender the |