When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted criminal offenders who are citizens or nationals of foreign countries to those foreign countries of which they are citizens or nationals, the governor or the governor's designee is authorized, subject to the terms of the treaty, to act on behalf of the state of Tennessee and to consent to the transfer of the convicted criminal felons. The governor or the governor's designee is authorized to develop policies, procedures and processes to carry out the mandates of this section.