ted within their jurisdiction, such criminal shall be delivered to that State whose demand is first received. ARTICLE VIII. Neither country bound Under the stipulations of this Treaty, neither of the Contracting Parties shall be bound to deliver up its own to deliver its citizens. own citizens. ARTICLE IX. The expense of the arrest, detention, examination and transportation of the accused shall be paid by the Government which has preferred the demand for extradition. ARTICLE X. Expenses. articles seized Everything found in the possession of the fugitive, Disposal of criminal at the time of his arrest, whether being the pro- with person. ceeds of the crime or offence, or which may be material as evidence in making proof of the crime, shall, so far as practicable, according to the laws of either of the Contracting Parties, be delivered up with his person at the time of the surrender. Nevertheless the rights of a third party with regard to the articles aforesaid shall be duly respected. ARTICLE XI. affected. The stipulations of this Treaty shall be applicable to Territory all territory wherever situated, belonging to either of the Contracting Parties or in the occupancy and under the control of either of them, during such occupancy or control. Requisitions for the surrender of fugitives from justice Requisitions shall be made by the respective diplomatic agents of the Contracting Parties. In the event of the absence of such Agents from the country or its seat of Government, requisition may be made by superior Consular officers. arrests. It shall be competent for such Diplomatic or superior Preliminary Consular officers to ask and obtain a mandate or preliminary warrant of arrest for the person whose surrender is sought, whereupon the judges and magistrates of the two Governments shall respectively have power and authority, upon complaint made under oath, to issue a warrant for the apprehension of the person charged, in order that he or she may be brought before such judge or magistrate, that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of the fugitive. 7345°-S. Doc. 173, 63-1—19 Delivery of fugitive. Applications for provisional arrest. In United States. In Salvador. Release if evidence, etc., is not produced. Legal assistance. tion. The extradition of fugitives under the provisions of this Treaty shall be carried out in the United States and in the Republic of El Salvador, respectively, in conformity with the laws regulating extradition for the time being in force in the State in which the request for the surrender is made. ARTICLE XII. Where the arrest and detention of a fugitive in the United States are desired on telegraphic or other information in advance of the presentation of formal proof, complaint on oath, as provided by the statutes of the United States, shall be made by an agent of the Government of El Salvador before a judge or magistrate authorized to issue warrants of arrest in extradition cases. When, under the provisions of this Article, the arrest and detention of a fugitive are desired in the Republic of El Salvador, the proper course shall be to apply to the Foreign Office, which will immediately cause the necessary steps to be taken in order to secure the provisional arrest or detention of the fugitive. The provisional detention of a fugitive shall cease and the prisoner be released if a formal requisition for his surrender accompanied by the necessary evidence of his guilt has not been produced under the stipulations of this Treaty, within two months from the date of his provisional arrest or detention. ARTICLE XIII. In every case of a request made by either of the two Contracting Parties for the arrest, detention or extradition of fugitive criminals, the legal officers or fiscal ministry of the country where the proceedings of extradition are had, shall assist the officers of the Government demanding the extradition before the respective judges and magistrates, by every legal means within their or its Compensa power; and no claim whatever for compensation for any of the services so rendered shall be made against the Government demanding the extradition, provided however, that any officer or officers of the surrendering Government so giving assistance, who shall, in the usual course of their duty, receive no salary or compensation other than specific fees for services performed, shall be entitled to receive from the Government demanding the extradition the customary fees for the acts or services performed by them, in the same manner and to the same amount as though such acts or services had been performed in ordinary criminal proceedings under the laws of the country of which they are officers. ARTICLE XIV. persons extra The conveyance through the territories of either of the Transit of High Contracting Parties of any person, not being a dited from citizen of the country to be passed through, extradited other country. by a third Power to either of them for any of the crimes specified in this Treaty, will be permitted if, in the case of the United States, the authority of the Secretary of State and, in that of El Salvador, that of the Minister for Foreign Relations, is first obtained. ARTICLE XV. This Treaty shall take effect from the day of the exchange of the ratifications thereof; but either Contracting Party may at any time terminate the same on giving to the other six months' notice of its intention to do so. The ratifications of the present Treaty shall be exchanged at San Salvador or at Washington as soon as possible. Effect. Exchange of ratifications. In witness whereof, the respective Plenipotentiaries Signatures. have signed the above Articles, and have hereunto affixed their seals. Done in duplicate, at the City of San Salvador, this eighteenth day of April, one thousand nine hundred and eleven. [SEAL] WILLIAM HEIMKÉ. [SEAL] M. CASTRO R. Ratifications And whereas the said Treaty has been duly ratified on exchanged. both parts, and the ratifications of the two governments were exchanged in the City of San Salvador, on the tenth day of July, one thousand nine hundred and eleven; Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said Treaty to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this thirteenth day of July in the year of our Lord one thousand [SEAL] nine hundred and eleven, and of the Independence of the United States of America the one hundred and thirty-sixth. By the President: HUNTINGTON WILSON Acting Secretary of State. WM H TAFT Proclama tion. 37 Stat. L., pt. 2, p. 1526. Jan. 6, 1909. Treaty between the United States and France for the extradition of criminals. Signed at Paris, January 6, 1909; ratification advised by the Senate, with amendment, April 5, 1909; ratified by the President, May 25, 1911; ratified by France, June 27, 1911; ratifications exchanged at Paris, June 27, 1911; proclaimed, July 26, Extradition with France. Preamble. Contracting Powers. Plenipotentiaries. Reciprocal delivery of persons crimes. 1911. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a Treaty between the United States of America and the French Republic providing for the mutual extradition of fugitives from justice was concluded and signed by their respective Plenipotentiaries at Paris, on the sixth day of January, one thousand nine hundred and nine, the original of which Treaty, being in the English and French languages is, as amended by the Senate of the United States, word for word as follows: D'EXTRADITION CONVENTION THE UNITED STATES OF AMERICA AND THE REPUBLIC OF FRANCE, being desirous to confirm their friendly relations and to promote the cause of justice, have resolved to conclude a new treaty for the extradition of fugitives from justice, and have appointed for that purpose the following plenipotentiaries: THE PRESIDENT OF THE UNITED STATES OF AMERICA: His Excellency Mr. Henry WHITE, Ambassador extraordinary and plenipotentiary of the United States of America to the French Republic, AND THE PRESIDENT OF THE FRENCH REPUBLIC: His Excellency M. Stephen PICHON, Senator, Minister for Foreign Affairs; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles: ARTICLE I. The Government of the United States and the Government of France mutually agree to deliver up persons charged with who, having been charged with or convicted of any of the crimes or offences specified in the following article, committed within the jurisdiction of one of the contracting Parties, shall seek an asylum or be found within the territories of the other: Provided That this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his or her apprehension and commitment for trial if the crime or offence had been there committed. ARTICLE II. Extradition shall be granted for the following crimes and offences: Extraditable crimes. 1° Murder, assassination, parricide, infanticide and Murder, etc. poisoning; manslaughter, when voluntary; assault with intent to commit murder. 2° Rape, abortion, bigamy. 3° Arson. Rape, etc. 4. Robbery, burglary, housebreaking or shop-breaking. etc. 5. Forgery; the utterance of forged papers, the forgery Forgery. or falsification of official acts of Government, of public authority, or of courts of justice, or the utterance of the thing forged or falsified. 6. The counterfeiting, falsifying or altering of money, ing. whether coin or paper, or of instruments of debt created by national, state, provincial, municipal or other governments, or of coupons thereof, or of bank-notes, or the utterance or circulation of the same; or the counterfeiting, falsifying, or altering of seals of State. Counterfeit Embezzle 7. Fraud or breach of trust by a bailee, banker, agent, ment, teach factor, executor, administrator, guardian, trustee or other of trust, etc. person acting in a fiduciary capacity, or director or member or officer of any company, when such act is made criminal by the laws of both countries, and the amount of money or the value of the property misappropriated is not less than two hundred dollars, or one thousand francs. Embezzlement by public officers or depositaries: Embezzlement by persons hired or salaried, to the detriment of their employers. 8. Larceny; obtaining money, valuable securities or other property by false pretenses, when such act is made criminal by the laws of both countries, and the amount of money of the value of the property fraudulently obtained is not less than two hundred dollars or one thousand francs. Larceny. 9. Perjury, subornation of perjury. 10. Child-stealing, or abduction of a minor under the Child steal Perjury. ing. age of 14 for a boy and of 16 for a girl. 11. Kidnapping of minors or adults. 12. Willful and unlawful destruction or obstruction Kidnaping. Injuries to railroads. of railroads, which endangers human life. 13 a. Piracy, by the law of nations. Piracy. seizure of b. The act by any person, being or not being one of the Fraudulent crew of a vessel, of taking possession of such vessel by vessel. fraud or violence. |