Argentina–US Extradition: Treaty, Courts and Defense
In short: Yes. Argentina extradites to the United States under a bilateral treaty signed in Buenos Aires on June 10, 1997 and in force since June 15, 2000. The treaty says nationality is not a ground for refusal, so Argentine citizenship alone does not block surrender. Unless the person consents to surrender, every US request passes through the Foreign Ministry, a federal judge, a possible Supreme Court appeal and a final executive decision.
Does Argentina have an extradition treaty with the US?
Yes. The Extradition Treaty between the United States and the Argentine Republic was signed on June 10, 1997 and entered into force on June 15, 2000 (TIAS 12866). It replaced the 1972 treaty and covers conduct punishable in both countries by more than one year. Argentina approved it by Law 25.126.
The treaty text has 23 articles. These are the ones that matter most in a US case:
| Article | Rule | What it means for you |
|---|---|---|
| Art. 2 | Dual criminality, maximum penalty over one year; includes conspiracy / asociación ilícita | Offense names don’t have to match |
| Art. 3 | Nationality is not a ground for refusal | Argentine citizens can be surrendered |
| Art. 6 | Death-penalty assurances can be required | Assurances must be given before surrender |
| Art. 7 | Argentina’s statute of limitations doesn’t apply | Only US limitation rules are relevant |
| Art. 11 | Provisional arrest; the person may be released if the formal request and Art. 8 documents are not received within 60 calendar days | Arrest can come before any evidence is sent |
| Art. 16–17 | Rule of specialty; surrender by consent | Limits later charges; consent ends the extradition hearing |
Key fact: Article 3 of the 1997 US–Argentina treaty states that extradition “shall not be refused on the ground that such person is a national of the Requested Party.” Many states refuse to surrender their own citizens, but Argentina’s treaty with the US is generally understood to close that route.
A treaty creates a legal channel. It doesn’t guarantee cooperation in a given case, and some US treaty partners have declined requests at times. For comparison with other countries, see our overview of US extradition treaties by country.
Verify note: Treaty relationships change. Check current status against the US State Department’s “Treaties in Force” before relying on this page (updated 2026).
Can Argentine citizens be extradited to the United States?
Generally yes. Argentina’s Law 24.767, Art. 12, lets an Argentine national choose to be tried at home instead of being extradited. The same article says this option doesn’t apply when a treaty that obliges extradition of nationals governs the case. Article 3 of the US treaty states that surrender “shall not be refused” on the ground of nationality, which is generally read as excluding the Art. 12 option in US cases.
The nationality must have existed when the offense was committed and still exist when the person makes the choice. Where a treaty merely permits surrender of nationals, the Executive decides whether to accept the choice. Because the US treaty uses mandatory wording, citizenship generally gives no defense in US cases — a point to confirm against current Supreme Court practice with Argentine counsel.
Which Argentine authorities decide a US extradition request?
A US request goes through three authorities. The Foreign Ministry (Cancillería) screens it. A federal criminal judge rules on whether it is admissible, and that ruling can be appealed to the Supreme Court. The Executive then makes the final decision. Law 24.767 on International Cooperation in Criminal Matters fills any gaps the treaty leaves (Art. 2).
| Stage | Authority | Basis |
|---|---|---|
| Transmission | Diplomatic channel | Treaty Art. 8; Law Art. 19 |
| Administrative review | Cancillería checks the formal requirements and must then send the request to court through the federal prosecutor; sovereignty and public-order grounds are weighed by the Executive at the final stage | Law Arts. 21–22, 36; Decree 420/2003 |
| Court case | Federal criminal judge where the person lives; the federal prosecutor argues for extradition | Law Arts. 25, 111 |
| Appeal | Ordinary appeal to the Corte Suprema de Justicia de la Nación, which suspends the ruling | Law Art. 33 |
| Final decision | Executive, within 10 business days; silence counts as approval | Law Art. 36 |
| Surrender | Within 30 calendar days, extendable by 10; postponed while Argentine proceedings are pending | Law Arts. 38–39; Treaty Arts. 12–13 |
The Argentine court doesn’t try guilt. Under Art. 30, the hearing cannot debate whether the offense happened or whether the person is guilty. The defense therefore works on identity, dual criminality, the documents, and the legal bars below. If the documents have formal defects, the US can be given up to 30 days to fix them (Art. 31).
What happens after an Interpol Red Notice arrest in Argentina?
An Interpol notice alone can lead to arrest in Argentina. Law 24.767 Art. 44(c) authorizes provisional arrest when a foreign court seeks a person through Interpol notices. The person must be heard by a federal judge within 24 hours and is given a public defender if they have no lawyer (Art. 49).
The treaty then gives the US 60 calendar days to file the formal request (Art. 11(4)). The domestic law sets 30 days plus a 10-day extension (Art. 50), but where a treaty applies it takes precedence (Law 24.767, Art. 2), so the 60-day treaty period generally governs US requests. Release after a missed deadline doesn’t end the case, because re-arrest is allowed once the request arrives (Treaty Art. 11(5)).
Art. 26 excludes the ordinary excarcelación rules in extradition proceedings, but Argentine federal courts have repeatedly declared it unconstitutional and then decide release on ordinary flight-risk grounds, so a release application is often worth making. It is often worth challenging the notice at the same time. See how Interpol Red Notices work and how we approach Red Notice removal before the CCF.
Talk to an extradition lawyer in confidence. Call, WhatsApp or Telegram +357 96 447475, or ask for a confidential review of your case. Court filings in Argentina are made by locally admitted counsel, with whom the defense is coordinated from the earliest stage.
What grounds can block extradition from Argentina to the US?
Argentina can refuse surrender, or attach conditions to it, on several grounds. They come from the treaty and from Law 24.767: political offense or persecution, a risk of torture, the death penalty without assurances, prior prosecution for the same facts, and missing dual criminality or documents. In US cases, nationality is not one of these grounds.
- Political offense or motive. Treaty Art. 4; Law Art. 8(a) and (d), which covers persecution for opinion, nationality, race or religion. Terrorism and narcotics offenses covered by multilateral conventions are excluded.
- Torture or inhuman treatment. Law Art. 8(e).
- Death penalty. Treaty Art. 6; Law Art. 8(f).
- Prior prosecution. Treaty Art. 5: the person was already convicted or acquitted in Argentina for the same offense.
- Conviction in absentia. Law Art. 11(d): there must be assurances that the case will be reopened.
- Refugee status. If the request comes from the country the person fled, the Cancillería returns it (Law Art. 20).
- Documents. Everything listed in Treaty Art. 8 must be provided, with a Spanish translation (Art. 9).
Which of these apply depends on the indictment and your history. Our page on defenses to extradition covers these doctrines in depth.
Can you agree to extradition from Argentina?
Yes. Under Treaty Art. 17, a person who consents directly and expressly before the Argentine judicial authority can be surrendered without further proceedings. The judge asks about consent at the 24-hour hearing (Law Art. 27), and consent can be given at any stage (Art. 28).
Consent can shorten detention, but it gives up the defenses above. See our guide to waiving extradition before deciding.
Does leaving Argentina remove the risk?
No. A Red Notice stays active across Interpol member countries, and people can be removed through deportation or ad hoc arrangements even where there is no treaty. Our page on countries without US extradition explains why “no treaty” doesn’t mean protection. After surrender, the US stage begins, as described in extradition to the United States.
Act before the first hearing
The 24-hour hearing, the consent question and the document deadline all come early, so the first days after an arrest matter most. Speak with an extradition lawyer, confidentially. Call, WhatsApp or Telegram +357 96 447475, or request a confidential case review. We can’t guarantee outcomes. We do build the strongest case that the treaty and the facts allow.
FAQ
Does Argentina have an extradition treaty with the US?
Yes. The treaty was signed in Buenos Aires on June 10, 1997 and has been in force since June 15, 2000. It replaced the 1972 treaty and covers offenses punishable by more than one year in both countries.
Does Argentina extradite its own citizens to the US?
Generally yes. Article 3 of the treaty bars refusal on grounds of nationality. Law 24.767 lets nationals choose trial in Argentina only where no treaty obliges extradition of nationals.
Who decides an extradition case in Argentina?
A federal criminal judge decides whether extradition is admissible, and that ruling can be appealed to the Supreme Court of Justice of the Nation. The Foreign Ministry screens the request first, and the Executive makes the final decision.
Can I be arrested in Argentina on a Red Notice alone?
Yes. Law 24.767 Art. 44(c) allows provisional arrest based on Interpol notices, and a federal judge must hear you within 24 hours. The US then has 60 days under the treaty to file the formal request.
Can I get bail during extradition proceedings in Argentina?
Possibly. Law 24.767 Art. 26 excludes the ordinary bail rules, but courts often set it aside as unconstitutional and assess flight risk case by case. Argentine counsel should assess your specific case.
Does the US have to prove guilt in Argentina?
No. The extradition hearing cannot debate guilt. The request still has to meet the treaty’s requirements on documents, dual criminality and the other legal conditions, and that is where defenses are built.
