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 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. The stipulations of this Convention shall be applicable to all territory, whatever may be its situation, belonging to one or the other of the Contracting Parties or which may be occupied and under the jurisdiction of the same. Requisitions for the surrender of fugitives from justice 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. 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 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. 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. If when a person accused shall have been arrested in virtue of the mandate or preliminary warrant of arrest, issued by the competent authority as provided in Article XI hereof, and been brought before a judge or a magistrate to the end that the evidence of his or her guilt may be heard and examined as herein before provided, it shall appear that the mandate or preliminary warrant of arrest has been issued in pursuance of a request or declaration received by telegraph from the Government asking for the extradition, it shall be competent for the judge or magistrate at his discretion to hold the accused for a period not exceeding two months, so that the demanding Government may have opportunity to lay before such judge or magistrate legal evidence of the guilt of the accused, and if at the expiration of said period of two months, such legal evidence shall not have been produced before such judge or magistrate, the person arrested shall be released, provided that the examination of the charges preferred against such accused person shall not be actually going on. 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 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 his or 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. This treaty must be submitted for approval in the form prescribed by the laws of the two countries and shall take effect from the day of the exchange of the ratifications thereof; but either Contracting Party may at any time terminate it on giving to the other six months notice of its intention to do so. The ratifications shall be exchanged in San José of Costa Rica or in Washington as soon as possible. In witness whereof the respective Plenipotentiaries have signed the above articles, and have hereunto affixed their seals. Done in duplicate, at the city of San José De Costa Rica this tenth day of November one thousand nine hundred and twenty two. (Signed) Roy Tasco Davis. J. A. Coronado. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Whereas, a treaty between the United States of America and the Republic of Costa Rica, providing for the mutual extradition of fugitives from justice, was concluded and signed by their respective plenipotentiaries at San José on the tenth day of November, one thousand nine hundred and twenty-two, the original of which treaty, being in the English and Spanish languages, is word for word as follows: [Here follows the English Text of the Treaty.] And Whereas, in giving their advice and consent to the ratification of the said treaty, the Senate of the United States by their resolution of February 8, 1923, (two-thirds of the Senators present concurring therein) did stipulate "That it is agreed by the United States that no person charged with crime shall be extradited from Costa Rica. upon whom the death penalty can be inflicted for the offense charged by the laws of the jurisdiction in which the charge is pending, and that 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"; And Whereas, the said treaty has been duly ratified on both parts and the ratifications of the two Governments were exchanged in the city of San José on the twenty-seventh day of April, one thousand nine hundred and twenty-three; Now, therefore, be it known that I, Warren G. Harding, 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, subject to the aforesaid agreement. 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 third day of May, in the year of our Lord one thousand nine hundred and twenty-three, and of the Independence of the United States of America the one hundred and forty-seventh. By the President (Signed) Warren G. Harding. Charles E. Hughes, Secretary of State. [EXCHANGE OF NOTES] [The Secretary of State for Foreign Relations of Costa Rica to the Minister of the United States] No. 333, B. [Translation] REPUBLIC OF COSTA RICA, San José, November 10, 1922. Mr. Minister: I have the honor to inform Your Excellency that I have received instructions from the President of the Republic to declare on the part of the Government of Costa Rica, with reference to the extradition treaty that Your Excellency and the undersigned have just signed, that it is understood that the Government of the United States of America gives assurance that the death sentence will not be passed upon criminals surrendered by Costa Rica to the United States of America for any one of the crimes enumerated in the said treaty, and that that assurance will form an effective part of the treaty and that it will be so mentioned in its ratification. I avail myself of this opportunity to renew to Your Excellency the assurance of my most distinguished consideration. (Signed) J. A. Coronado. The Most Excellent Mr. Roy T. Davis, Envoy Extraordinary and Minister Plenipotentiary of the United States of America, San Jose. [The Minister of the United States to the Secretary of State for Foreign Relations of Costa Rica] No. 63. LEGATION OF THE UNITED STATES OF AMERICA, Excellency: In signing today with the Secretary of State for Foreign Affairs of the Republic of Costa Rica the extradition treaty which was negotiated between the Government of the United States and that of Costa Rica, the undersigned Envoy Extraordinary and Minister Plenipotentiary of the United States of America has the honor to acknowledge and to take cognizance of the note of the Secretary of State for Foreign Affairs of this day's date, stating that he desires to place on record, on behalf of the Costa Rican Government, its understanding that the Government of the United States assures that the death penalty will not be enforced against criminals delivered by Costa Rica to the United States for any of the crimes enumerated in the said treaty, and that such assurance is, in effect, to form part of the treaty and will be so mentioned in the ratifications of the treaty. In order to make this assurance in the most effective manner possible, it is agreed by the United States, that no person charged with crime shall be extraditable from Costa Rica upon whom the death penalty can be inflicted for the offense charged by the laws of the jurisdiction in which the charge 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. I avail myself of this occasion to renew to Your Excellency the assurance of my highest and most distinguished consideration. (Signed) Roy T. Davis. His Excellency Señor don José Andrés Coronado, Secretary of State for Foreign Affairs, Etc., Etc., Etc., San Jose. [Resolution of the Senate of the United States Advising Ratification] In Executive Session, Senate of the United States, February 8, 1923. Resolved (Two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of Executive A. 67th Congress, 4th Session, an extradition treaty between the United States and Costa Rica, signed at San Jose on November 10, 1922, and That it is agreed by the United States that no person charged with crime shall be extradited from Costa Rica upon whom the death. penalty can be inflicted for the offense charged by the laws of the jurisdiction in which the charge is pending, and that 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. Attest: George A. Sanderson, Secretary. By H. M. Rose, Assistant Secretary. 40639-38-vol. 4 -11 1924 CONVENTION AND PROTOCOL FACILITATING THE WORK OF TRAVELING SALESMEN Signed at San José, March 31, 1924; ratification advised by the Senate, May 19, 1924; ratified by the President, June 3, 1924; ratified by Costa Rica; ratifications exchanged at San José, June 24, 1924, proclaimed, June 26, 1924 (Treaty Series, No. 688; 43 Statutes at Large, 1765) BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Whereas a Convention between the United States of America and the Republic of Costa Rica to facilitate the work of traveling salesmen and a protocol supplementary thereto were concluded and signed by their respective Plenipotentiaries at San José, on the thirty-first day of March, one thousand nine hundred and twentyfour, the originals of which Convention and Protocol, being in the English and Spanish languages, are word for word as follows: [Only the English text is here printed] CONVENTION CONCERNING COMMERCIAL TRAVELERS The United States of America and the Republic of Costa Rica, being desirous to foster the development of commerce between them and to increase the exchange of commodities by facilitating the work of traveling salesmen, have agreed to conclude a Convention for that purpose and have to that end appointed as their plenipotentiaries: The President of the United States of America, Mr. Roy. T. Davis, Envoy Extraordinary Minister Plenipotentiary of the United States in Costa Rica, and the President of Costa Rica, Professor don Miguel Obregón Lizano, Minister of Public Education in charge of the Portfolio of Foreign Relations of Costa Rica, who, having communicated to each other their full powers, which were found to be in due form, have agreed upon the following articles: ARTICLE I. Manufacturers, merchants, and traders domiciled within the jurisdiction of one of the high contracting parties may operate as commercial travelers either personally or by means of agents or employees within the jurisdiction of the other high contracting party on obtaining from the latter, upon payment of a single fee, a license which shall be valid throughout its entire territorial jurisdiction. In case either of the high contracting parties shall be engaged in war, it reserves to itself the right to prevent from operating within its jurisdiction under the provisions of this convention, or otherwise, enemy nationals or other aliens whose presence it may consider prejudicial to public order and national safety. ARTICLE II. In order to secure the license above mentioned the applicant must obtain from the country of domicile of the manu |