The President of Nicaragua, Dr. Salvador Castrillo, junior, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Nicaragua near the Government of the United States; Who, having communicated to each other their respective full powers, found in good and due form, have agreed upon the following: ARTICLE I. The Government of Nicaragua undertakes to make and negotiate a contract providing for the refunding of its present internal and external debt and the adjustment and settlement of claims, liquidated and unliquidated; for the placing of its finances upon a sound and stable basis; and for the future development of the natural and economic resources of that country. The Government of the United States and Nicaragua will take due note of all the provisions of the said contract when made, and will consult, in case of any difficulties, with a view to the faithful execution of the provisions of said contract, in order that all the benefits to Nicaragua and the security of the loan may at the same time be assured. ARTICLE II. The loan which shall be made by the Government of Nicaragua pursuant to the above undertaking shall be secured upon the customs of Nicaragua, and the Government of Nicaragua agrees not to alter the import or export customs duties, or other charges affecting the entry, exit, or transit of goods, during the existence of the loan under the said contract, without consultation and agreement with the Government of the United States. ARTICLE III. A full and detailed statement of the operations under this contract shall be submitted by the Fiscal Agent of the loan to the Department of State of the United States and to the Minister of Finance of Nicaragua at the expiration of each twelve months, and at such other times as may be requested by either of the two governments. ARTICLE IV. The Government of Nicaragua, so long as the loan exists, will appoint from a list of names to be presented to it by the Fiscal Agent of the loan and approved by the President of the United States of America a collector general of customs, who need not be a Nicaraguan and who shall administer the customs in accordance with the contract securing said loan, and will give this official full protection in the exercise of his functions. The Government of the United States, should the circumstances require, will in turn afford such protection as it may find requisite. ARTICLE V. This convention shall be ratified and the ratifications hereof shall be exchanged at Managua as soon as possible. In faith whereof, the respective plenipotentiaries have signed the present convention in the English and Spanish languages and have hereunto affixed their seals. Done in duplicate, at Washington, this sixth day of June, one thousand nine hundred and eleven. [SEAL.] [SEAL.] PHILANDER C. KNOX. EXTRADITION TREATY BETWEEN THE UNITED KINGDOM AND PARAGUAY.1 Signed at Asuncion, September 12, 1908; ratifications exchanged at Asuncion, January 30, 1911. His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and His Excellency the President of the Republic of Paraguay, having determined, by common consent, to conclude a treaty for the extradition of criminals, have accordingly named as their plenipotentiaries: His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, Cecil Gosling, Esquire, his Chargé d'Affaires in the Republic of Paraguay; And His Excellency the President of the Republic of Paraguay, his Excellency Doctor Eusebio Ayala, Minister for Foreign Affairs of the Republic of Paraguay; Who, after having exhibited to each other their respective full powers and found them in good and due form, have agreed upon the following articles: 1 Great Britain, Treaty Series, 1911, No. 19. ARTICLE I. The high contracting parties engage to deliver up to each other, under certain circumstances and conditions stated in the present treaty, those persons who, being accused or convicted of any of the crimes or offences enumerated in Article 2, committed in the territory of the one party, shall be found within the territory of the other party. ARTICLE II. Extradition shall be reciprocally granted for the following crimes or offences: 1. Murder, or attempt or conspiracy to murder. 2. Manslaughter. 3. Administering drugs or using instruments with intent to procure the miscarriage of women. 4. Rape. 5. Carnal knowledge, or any attempt to have unlawful carnal knowledge of a girl under the age of 16 years, so far as such acts are punishable by the law of the state upon which the demand is made. 6. Indecent assault. 7. Kidnapping and false imprisonment, child stealing. 8. Abandoning, exposing, or detaining children. 9. Abduction. 10. Bigamy. 11. Maliciously wounding or inflicting grievous bodily harm. 12. Assault occasioning actual bodily harm. 13. Threats, by letter or otherwise, with intent to extort money or other things of value. 14. Arson. 15. Burglary or house-breaking, robbery with violence, larceny, or embezzlement. 16. Fraud by a bailee, banker, agent, factor, trustee, director, member, or public officer of any company. 17. Obtaining money, valuable security, or goods by false pretences; receiving any money, valuable security, or other property, knowing the same to have been stolen or unlawfully obtained. 18. (a) Counterfeiting or altering money, or bringing into circulation. counterfeited or altered money. (b) Knowingly making, without lawful authority, any instrument, tool, or engine, adapted and intended for the counterfeiting of the coin of the realm. 19. Forgery, or uttering what is forged. 20. Crimes against bankruptcy law. 21. Any malicious act done with intent to endanger the safety of any persons travelling or being upon a railway. 22. Malicious injury to property, if such offence be indictable. 23. Piracy and other crimes or offences committed at sea. against persons or things which, according to the laws of the high contracting parties, are extradition offences. 24. Dealing in slaves in such manner as to constitute a criminal offence against the laws of both states. With regard to the effect of this last paragraph, as the Paraguayan Penal Code does not consider slave-dealing, it is declared by the present treaty that that act is considered as piracy and subject to the penalties of that offence. Extradition shall also be granted for participation in any of the aforesaid crimes, provided such participation be punishable by the laws of both contracting parties. Extradition may also be granted at the discretion of the state applied to in respect of any other crime for which, according to the law of both the contracting parties for the time being in force, the grant can be made. ARTICLE III. Neither party is obliged to surrender its own subjects or citizens to the other party. ARTICLE IV. Extradition shall not take place if the person claimed on the part of His Britannic Majesty's Government, or of the Government of Paraguay, has already been tried and discharged or punished, or is awaiting trial in the territory of the United Kingdom or in the Republic or Paraguay respectively for the crime for which his extradition is demanded. If the person claimed on the part of His Britannic Majesty's Government, or of the Government of Paraguay, should be awaiting trial or undergoing sentence for any other crime in the territory of the United Kingdom or the Republic of Paraguay respectively, his extradition shall be deferred until after he has been discharged, whether by acquittal or on expiration of sentence, or otherwise. ARTICLE V. Extradition shall not be granted if exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the state applying or applied to. Neither shall it be granted if, according to the law of either country, the maximum punishment for the offence charged is imprisonment for less than one year. ARTICLE VI. A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if be proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offence of a political character. ARTICLE VII. A person surrendered shall in no case be kept in prison or be brought to trial in the state to which the surrender has been made for any other crime, or on account of any other matters, than those for which the extradition shall have taken place, until he has been restored, or has had an opportunity of returning, to the state by which he has been surrendered. This stipulation does not apply to crimes committed after the extradition. ARTICLE VIII. The requisition for extradition shall be made through the diplomatic agents of the high contracting parties respectively. The requsition for the extradition of an accused person must be accompanied by a warrant of arrest issued by the competent authority of the state requiring the extradition, and by such evidence as, according to the laws of the place where the accused is found, would justify his arrest if the crime had been committed there. If the requisition relates to a person already convicted, it must be accompanied by a copy of the judgment passed on the convicted person by the competent court of the state that makes the requisition for extradition. A sentence passed in contumacion is not to be deemed a conviction, but a person so sentenced may be dealt with as an accused person. |