ARTICLE V A fugitive criminal shall not be surrendered under the provisions hereof, when, from lapse of time or other lawful cause, according to the laws of the place within the jurisdiction of which the crime was committed, the criminal is exempt from prosecution or punishment for the offense for which the surrender is asked. ARTICLE VI If a fugitive criminal whose surrender may be claimed pursuant to the stipulations hereof, be actually under prosecution, out on bail or in custody, for a crime or offense committed in the country where he has sought asylum, or shall have been convicted thereof, his extradition may be deferred until such proceedings be determined, and until he shall have been set at liberty in due course of law. ARTICLE VII If a fugitive criminal claimed by one of the parties hereto, shall be also claimed by one or more powers pursuant to treaty provisions, on account of crimes committed within their jurisdiction, such criminal shall be delivered to that state whose demand is first received. ARTICLE VIII Under the stipulations of this treaty, neither of the high contracting parties shall be bound to deliver up its own citizens. ARTICLE IX The expense of arrest, detention, examination and transportation of the accused shall be paid by the government which has preferred the demand for extradition. ARTICLE X Everything found in the possession of the fugitive criminal at the time of his arrest, whether being the proceeds of the crime or offense, 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 high contracting parties, be delivered up with his person at the time of surrender. Nevertheless, the rights of a third party with regard to the articles referred to, shall be duly respected. ARTICLE XI The stipulations of the present treaty shall be applicable to all territory wherever situated, belonging to either of the high 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 shall be made by the respective diplomatic agents of the high contracting parties. In the event of the absence of such agents from the country or its seat of government, or where extradition is sought from territory included in the preceding paragraphs, other than the United States or Rumania, requisitions may be made by superior consular officers. It shall be competent for such diplomatic or superior 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 in accordance with the laws of the country demanded, 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 it to the proper executive authority, that a warrant may issue for the surrender of the fugitive. In case of urgency, the application for arrest and detention may be addressed directly to the competent magistrate in conformity to the statutes in force. The person provisionally arrested shall be released, unless within two months from the date of arrest in Rumania, or from the date of commitment in the United States, the formal requisition for surrender with the documentary proofs hereinafter prescribed be made as aforesaid by the diplomatic agent of the demanding government or, in his absence, by a consular officer thereof. If the fugitive criminal shall have been convicted of the crime for which his surrender is asked, a copy of the sentence of the court before which such conviction took place, duly authenticated, shall be produced. If, however, the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country where the crime was committed, and of the depositions upon which such warrant may have been issued, shall be produced, with such other evidence or proof as may be deemed competent in the case. ARTICLE XII In every case of a request made by either of the high contracting parties for the arrest, detention or extradition of fugitive criminals, the appropriate legal officers 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 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 XIII The present treaty shall be ratified by the high contracting parties in accordance with their respective constitutional methods and shall take effect on the date of the exchange of ratifications which shall take place as soon as possible. ARTICLE XIV The present treaty shall remain in force for a period of ten years, and in case neither of the high contracting parties shall have given notice one year before the expiration of that period of its intention to terminate the treaty, it shall continue in force until the expiration of one year from the date on which such notice of termination shall be given by either of the high contracting parties. In witness whereof the above-named plenipotentiaries have signed the present treaty and have hereunto affixed their seals. Done in duplicate at Bucharest, this twenty-third day of July, nineteen hundred and twenty-four. No. 78 [SEAL] PETER A. JAY. LEGATION OF THE UNITED STATES OF AMERICA Bucharest, July 23, 1924. In signing today with His Excellency Mr. I. G. Duca, the Minister for Foreign Affairs of His Majesty the King of Rumania, the treaty of extradition which has been negotiated between the Government of the United States of America and the Royal Rumanian Government, the undersigned, Minister Plenipotentiary and Envoy Extraordinary of the United States of America at Bucharest, provided with full powers from his government for the conclusion of this treaty, has the honor to confirm by this note to the Royal Rumanian Government the assurance that the death penalty will not be enforced against criminals delivered by Rumania to the United States of America for any of the crimes enumerated in the said treaty, and that such assurance is, in effect, to form part of the treaty and shall be mentioned in the ratifications of the treaty. In order to make this assurance in the most effective manner possible, it is agreed by the Government of the United States that no person charged with crime shall be extraditable from Rumania to the United States, upon whom the death penalty can be inflicted for the offense charged by the laws of the country where the trial is pending. This agreement on the part of the United States will be mentioned in the ratifications of the treaty and will, in effect, form part of the treaty. PETER A. JAY, American Minister. His Excellency Mr. I. G. DUCA, Minister for Foreign Affairs of His Majesty the King of Rumania. INDEX Africa, French Equatorial, payment of indemnities in. Paris agreement, Jan. 14, 1925. 70. Aggressive war. Geneva protocol, Oct. 2, 1924. 9. Paris agreement, Jan. 14, 1925. 70. Aliens, rights of, in mandated territory of Ruanda-Urundi, 91; in Syria and the Lebanon, 1. Arbitration of international disputes. Geneva protocol, Oct. 2, 1924. 9. Arbitration of interpretation of: London agreement on application of Dawes Plan, August 1924. 25, 36. Paris agreement on distribution of Dawes annuities, Jan. 14, 1925. 77. Reparation clauses of Versailles Treaty, 1919. Protocol of Nov. 22, 1924. 111. Arbitration of reparation accounts. Paris agreement, Jan. 14, 1925. 71. Arbitration of sovereignty of Island of Palmas. Netherlands-United States Agreement, Armaments, Conference for reduction of. Geneva protocol, Oct. 2, 1924. 9. Armies of occupation in Germany. Paris agreement, Jan. 14, 1925. 66, 73, 75. Arms traffic in Ruanda-Urundi mandated territory. 90. Arrears in reparations. Paris agreement, Jan. 14, 1925. 74. Autonomy in Syria and the Lebanon. Mandate. 1. Bad-Ems subcommittee. German-Allied agreement, Aug. 30, 1924. 48. Baggage examination. International convention, Nov. 3, 1923. 159, 160. Bank, German, under Dawes Plan. London agreement, 1924. 43. Belgian priority in German reparations. Paris agreement, Jan. 14, 1925. 69. Belgian War Debt. Paris agreement, Jan. 14, 1925. 68. Belgium, Debits for vessels allotted to. Paris agreement, Jan. 14, 1925. 73. Belgium-United States. Mandate over Ruanda-Urundi. Treaty of April 18, 1923. 89. Boundaries between China and Russia. Agreement of May 31, 1924. 54. Boundaries of mandated territory of Ruanda-Urundi, 89, 94. Boundary treaty between Canada and United States, Feb. 24, 1925. 122. Boxer Indemnity. Russian portion renounced. Agreement of May 31, 1924. 55, 60. Bulgarian reparation payments. Paris agreement, Jan. 14, 1925. 76. Cameroons, Payment of indemnities in. Paris agreement, Jan. 14, 1925. 70. Boundary treaty, Feb. 24, 1925. 122. Convention for preservation of Halibut fishery, March 2, 1923. 106. Convention to suppress smuggling, June 6, 1924. 120. Treaty and protocol to regulate level of Lake of the Woods, Feb. 24, 1925. 128. |