Costa Rica–US Extradition: Treaty, Nationals and Defense
In short: Yes. Costa Rica extradites to the United States under a bilateral treaty signed in San José in 1982 and in force since 11 October 1991. Until 2025 the Constitution barred surrender of Costa Rican citizens; a reform in force since 28 May 2025 now allows it, but only for international drug trafficking or terrorism, and only when Costa Rican courts grant it. Foreign nationals in Costa Rica can be extradited for any treaty offense.
Does Costa Rica have an extradition treaty with the US?
Yes. The United States and Costa Rica signed an extradition treaty in San José on 4 December 1982, together with an exchange of notes dated 16 December 1982, and the treaty entered into force on 11 October 1991. It replaced an older bilateral treaty and remains the legal basis for US requests today.
An offense is extraditable if it is punishable in both countries by more than one year of deprivation of liberty (Art. 2), and the treaty expressly covers conspiracy and attempt — a feature the White House linked to narcotics prosecutions. Other provisions that shape a Costa Rica case:
- Political and military offenses are excluded (Art. 4).
- Death penalty — surrender may be refused unless the US gives assurances that a death sentence will not be imposed or carried out (Art. 5).
- Double jeopardy and limitation periods bar surrender (Arts. 6–7).
- Nationals — “neither of the Contracting Parties shall be bound to surrender its nationals,” although a state may do so if its constitution permits (Art. 8).
- Rule of specialty — trial only for the offenses on which extradition was granted (Art. 16).
Verify note: Treaty relationships change; verify current status against the US State Department “Treaties in Force” before relying on this page. (Updated 2026)
See how it fits the wider network of US bilateral extradition treaties.
Does Costa Rica extradite its own citizens to the US?
Since 28 May 2025, yes — but only for international drug trafficking or terrorism. Before that date, Article 32 of the Costa Rican Constitution said no Costa Rican could be compelled to leave the national territory, which was read as an absolute bar on extraditing nationals. Law No. 10730 rewrote Article 32 to create a narrow exception.
The amended text keeps the general rule but adds: “unless, in cases of international drug trafficking or terrorism, extradition has been granted by the Courts of Justice,” with strict respect for fundamental rights. It applies to every Costa Rican; the amended Extradition Law refers expressly to nationals by birth or naturalization at the time of the offense (Art. 3(a)). The Assembly approved the reform on 15 May 2025; it was signed on 20 May and published on 28 May 2025.
Because the 1971 Extradition Law still barred surrender of nationals, a second reform followed: Law No. 10831 (approved 13 November 2025, signed 18 November, published in Alcance No. 153 to La Gaceta No. 225 on 28 November 2025) amended Articles 3(a), 6 and 7 of Extradition Law No. 4795 to mirror the constitutional exception.
Key fact: Under Costa Rican law as of 2026, a Costa Rican citizen can be extradited to the US only for international drug trafficking or terrorism, and only by court decision. For any other offense, the constitutional bar on surrendering nationals still applies — the person may be prosecuted in Costa Rica instead.
| Person sought | Offense | Can Costa Rica extradite to the US? |
|---|---|---|
| Foreign national (including a US citizen) | Any offense meeting the treaty’s dual-criminality test | Yes, subject to court review and treaty defenses |
| Costa Rican citizen (birth or naturalization) | International drug trafficking or terrorism | Yes, since 28 May 2025, by court decision |
| Costa Rican citizen | Fraud, money laundering, other offenses | No — prosecution in Costa Rica may be the alternative |
| Dual national (Costa Rican + other) | Depends on offense | Same limits as any Costa Rican national, if the person was Costa Rican when the offense was committed (Law 4795, Art. 3(a)) |
Two issues remain open. As of mid-2026, criminal appeal panels were split on whether a national can be extradited for conduct before the reform took effect, with Article 34 of the Constitution (non-retroactivity) at the centre — although the first surrenders of nationals, in March 2026, went ahead on charges alleging conduct that began years before the reform. Separately, in July 2026 the government announced a further constitutional bill to add offenses such as money laundering, human trafficking and migrant smuggling, arms trafficking, contract killing (sicariato) and cybercrime; it must pass the constitutional-amendment procedure in the Legislative Assembly before it can take effect, so check its current status.
Which court decides a US extradition request in Costa Rica?
Costa Rica uses a judicial system: a criminal court (Tribunal Penal) decides whether to grant or deny extradition, and its ruling can be appealed to a higher criminal appeals court. The US request arrives through diplomatic channels and is routed by the Secretariat of the Supreme Court to the court where the person is found, or to the San José criminal court if the location is unknown.
Based on Costa Rica’s official description and recent reported cases:
- Request and arrest. The US transmits the request diplomatically; reported arrests were made by the Judicial Investigation Agency (OIJ).
- Parties. The prosecutor’s international affairs office (OATRI) and the Procuraduría General de la República take part.
- Defense rights. Counsel is guaranteed (a public defender if needed), and the person may choose a contested or voluntary procedure.
- Supporting documents. Under the treaty, if the person was provisionally arrested, the formal request and documents must arrive within 60 days of apprehension or provisional detention must end, although the request can still proceed later (Art. 11).
- Judgment. The court tests dual criminality, limitation periods, the political-offense bar and nationality.
- Appeal. Recent cases were decided on appeal by regional criminal appeal tribunals (Tribunal de Apelación de Sentencia Penal), including those in San José and Cartago.
- Surrender. Once the judgment is final, the requesting state has two months to carry out the transfer.
Costa Rica also requires assurances that the person will not face the death penalty or life imprisonment. The first surrenders of Costa Rican nationals to the US, in March 2026, followed a US promise of no life sentence and no term above 50 years. A June 2026 reform (Law No. 10936) lets the extradition judge authorize entry into premises to make an arrest.
Facing a request from Costa Rica? Speak with an extradition lawyer — confidential. Call, WhatsApp or Telegram +357 96 447475, or request a confidential case review.
Can a person be held without bail during the case?
Usually yes. Law 4795 provides for preventive detention while a request is processed (Art. 9(b)), and the treaty bars release before a final decision unless Costa Rican law requires it (Art. 12). Article 7 of Law 4795, as amended by Law 10831 in November 2025, lets courts grant release to a person found to be a Costa Rican national, or to someone covered by the political-offense or political-asylum exceptions, but not to Costa Rican nationals accused of international drug trafficking or terrorism — the only nationals who can now be extradited.
A contested case runs for months — in the first cases under the reform, arrest in June 2025 led to surrender in March 2026.
What role do Interpol Red Notices and deportation play?
An Interpol Red Notice can lead to arrest in Costa Rica, but it is only a request to locate and provisionally detain someone — the surrender itself still requires the treaty process and a Costa Rican court decision. If the notice is defective or politically driven, it can be challenged separately before Interpol’s CCF.
Non-citizens should also ask a lawyer whether immigration measures could affect their situation alongside the court process. A treaty never guarantees cooperation in a given case; outcomes depend on the facts. Read more on how Red Notices are issued and challenged.
How can a defense lawyer help in a Costa Rica case?
Defense work runs on two tracks at once: the Costa Rican court process and the US case behind it. Counsel checks dual criminality, limitation periods, specialty, nationality and the timing of the alleged conduct, works with local Costa Rican counsel on filings and appeals, and addresses the US charges and any Interpol notice.
Our page on grounds to resist extradition explains the main arguments, and the US-side extradition process shows what happens after arrival. A country without a treaty is not automatically a refuge — see countries without US extradition. For the full picture, see extradition to the United States.
Speak with an extradition lawyer — in confidence. Call/WhatsApp/Telegram +357 96 447475 or ask for a confidential review of your case. We do not guarantee outcomes.
FAQ
Does Costa Rica extradite to the US?
Yes, under a bilateral treaty signed in 1982 and in force since 11 October 1991. Foreign nationals can be extradited for any treaty offense; Costa Rican citizens only for international drug trafficking or terrorism.
Does Costa Rica have an extradition treaty with the US?
Yes. It was signed in San José on 4 December 1982, entered into force on 11 October 1991, and covers offenses punishable by more than one year in both countries.
Can Costa Rica extradite its own citizens?
Since 28 May 2025, yes, but only for international drug trafficking or terrorism and only when Costa Rican courts grant it. Law 10730 amended Constitution Article 32, and Law 10831 aligned the Extradition Law in November 2025.
Can a US citizen living in Costa Rica be extradited?
Yes. A US citizen is a foreign national in Costa Rica, so the nationals rule does not protect them. The request still goes through a Costa Rican court, which applies the treaty’s conditions and defenses.
Who decides extradition in Costa Rica?
A Costa Rican criminal court (Tribunal Penal) decides whether to grant extradition, and its ruling can be appealed to a criminal appeals court. The requesting state then has two months to carry out the surrender once the judgment is final.
Will Costa Rica extradite if the US seeks the death penalty or life?
Costa Rica requires assurances. The treaty allows refusal unless the US promises the death penalty will not be imposed or carried out, and Costa Rican practice also requires commitments against life imprisonment.
