I don't know, but he surrended to U.S. forces on January 3, 1990, so I assume this photo is either from that date, or shortly thereafter.
Source
The uploader's immediate source is The Smoking Gun. However, the original source of this image is the U.S. Marshals Service, who took the photo. As a branch of the U.S. federal government, works created, in the line of duty, are public domain. The Smoking Gun, by showing the image, unchanged, gained no copyright status, and the image remains in the public domain.