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States of America as citizens of the United States of Brazil. Reciprocally, Brazilians who may or shall have been naturalized in the United States of America upon their own application or by their own consent will be considered by the United States of Brazil as citizens of the United States of America.
If a citizen of the United States of America, naturalized in the United States of Brazil, renews his residence in the United States of America, with the intention not to return to the United States of Brazil, he shall be held to have renounced his naturalization in the United States of Brazil; and, reciprocally, if a citizen of the United States of Brazil, naturalized in the United States of America, renews his residence in the United States of Brazil, with the intention not to return to the United States of America, he shall be held to have renounced his naturalization in the United States of America.
The intention not to return may be held to exist when the person naturalized in one of the two countries resides more than two years in the other; but this presumption may be destroyed by evidence to the contrary.
It is agreed that the word "citizen ", as used in this Convention, means any person whose nationality is that of the United States of America or the United States of Brazil.
A naturalized citizen of the one party, on returning to the territory of the other, remains liable to trial and punishment for an action punishable by the laws of his original country, and committed before his emigration, but not for the emigration itself, saving always the limitation established by the laws of his original country, and any other remission of liability to punishment.
The status of a naturalized citizen may be acquired only through the means established by the laws of each of the countries and never by one's declaration of intention to become a citizen of one or the other country.
The present Convention shall be submitted for the approval and ratification of the competent authorities of the contracting parties and the ratifications shall be exchanged at the city of Rio de Janeiro within two years from the date of this Convention.
It shall enter into full force and effect immediately after the exchange of ratifications, and in case either of the two parties notify the other of its intention to terminate the same, it shall continue in force for one year counting from the date of said notification.
In witness whereof the Plenipotentiaries above mentioned have signed the present Convention, affixing thereto their seals.
Done in duplicate, each in the two languages, English and Portuguese, at the city of Rio de Janeiro, this twenty-seventh day of April nineteen hundred and eight.
IRVING B DUDLEY
Signed at Washington January 23, 1909; ratification advised by the Senate January 27, 1909; ratified by the President March 1, 1909; ratified by Brazil January 2, 1911; ratifications exchanged at Washington July 26, 1911; proclaimed August 2, 1911.
(Treaty Series, No. 562; 37 Statutes at Large, 1535.)
I. Differences to be submitted.
II. Special agreement.
The President of the United States of America and the President of the United States of Brazil, desiring to conclude an Arbitration Convention in pursuance of the principles set forth in Articles XV to XIX and in Article XXI of the Convention for the Pacific Settlement of International Disputes, signed at The Hague on July 29th, 1899, and in Articles XXXVII to XL and Article XLII of the Convention signed at the same city of The Hague on October 18th, 1907, have named as their Plenipotentiaries, to wit:
The President of the United States of America, Elihu Root, Secretary of State of the United States; and
The President of the United States of Brazil, His Excellency Senhor Joaquim Nabuco, Ambassador Extraordinary and Plenipotentiary to the Government of the United States of America, Member of the Permanent Court of Arbitration of The Hague;
Who, after having communicated to one another their full powers, found in good and due form, have agreed upon the following articles :
Differences which may arise of a legal nature or relating to the interpretation of treaties existing between the two High Contracting Parties, and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague, provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two High Contracting Parties, and do not concern the interests of third Parties, and it being further understood that in case either of the two High Contracting Parties shall so elect any arbitration pursuant hereto shall be had before the Chief of a friendly State or arbitrators selected without limitation to the lists of the aforesaid Hague Tribunal.
In each individual case the two High Contracting Parties, before appealing to the Permanent Court of Arbitration of The Hague or to other arbitrators or arbitrator, shall conclude a special agreement defining clearly the matter in dispute, the scope of the powers of the arbitrator or arbitrators and the periods to be fixed for the formation of the Court, or for the selection of the arbitrator or arbitrators, and
for the several stages of the procedure. It is understood that on the part of the United States of America such special agreement will be made by the President of the United States of America by and with the advice and consent of the Senate thereof, and by the President of the United States of Brazil with the approval of the two Houses of the Federal Congress thereof.
The present Convention will be in force for a period of five years, dating from the day of the exchange of its ratifications, and, if not denounced six months before the end of the aforesaid term, will be renewed for an equal period of five years, and so on, successively.
The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of the United States of Brazil, with the authorization of the Federal Congress thereof. The ratifications shall be exchanged in the city of Washington as soon as possible, and the Convention shall take effect immediately after the exchange of the ratifications.
In testimony whereof, we, the aforesaid Plenipotentiaries, have signed the present instrument in duplicate, in the English and Portuguese languages, and have affixed thereto our seals.
Done in the city of Washington, this 23rd day of January, in the year one thousand nine hundred and nine.
TREATY FOR THE ADVANCEMENT OF PEACE.
Signed at Washington July 24, 1914; ratification advised by the Senate August 13, 1914; ratified by the President November 22, 1915; ratified by Brazil June 22, 1916; ratifications exchanged at Washington October 28, 1916; proclaimed October 30, 1916.
JOAQUIM NABUCO [SEAL]
(Treaty Series, No. 627: 39 Statutes at Large, 1698.)
I. All disputes not settled by diplomacy or arbitration to be reported upon by commission before hostilities.
II. Composition, appointment, service of commission.
III. Submission of disputes; convoca
tion of commission; time and
IV. Negotiations to be held for six months on findings of report; arbitration.
V. Ratification; duration; pledge of honor.
The Governments of the United States of America and of Brazil being desirous of giving another manifestation of the old friendship that binds the two countries together, and being united in the pur
pose of promoting the progress of civilization through peace, have resolved to enter into a special treaty for the amicable settlement of any future difficulties which may arise between the two countries, and for that purpose have appointed as their Plenipotentiaries:
The President of the United States of America, Mr. William Jennings Bryan, Secretary of State; and
The President of the United States of Brazil, Mr. Domicio da Gama, Ambassador Extraordinary and Plenipotentiary;
Who, duly authorized, have agreed upon the following articles:
The Two High Contracting Parties agree to submit to a Permanent International Commission, for investigation and report, all disputes that may arise between them concerning questions of an international character which cannot be solved by direct diplomatic negotiations, and which are not embraced by the terms of any treaty of arbitration in force between them; and they agree not to declare war or to begin hostilities pending the investigation and report of said Commission.
The Commission mentioned in the preceding Article shall be composed of five members each appointed for five years, as follows: Each Government shall designate two members, only one of whom shall be of its own nationality. The fifth member shall be chosen by common agreement between the two Governments, it being understood that he shall not belong to any of the nationalities already represented in the Commission.
The fifth member shall perform the duties of President.
Either Contracting Party may remove at any time, before investigation begins, any commissioner selected by it, appointing his successor on the same occasion. Likewise, each Government shall also have the right to withdraw its approval of the fifth member; in which case the new fifth member will be appointed within thirty days following the notification of the withdrawal, by common agreement between the two Governments, and failing this agreement, the President of the Swiss Confederation shall be requested to make the appointment.
The expenses of the Commission shall be paid by the two Governments in equal proportions.
The Commission shall be constituted and shall be ready for business within six months after the exchange of ratifications of the present treaty.
At the expiration of each period of five years, the Commissioners may be reappointed or others may be substituted for them.
Any vacancy shall be filled in the same manner as the original appointment.
The Commission shall make its own rules of procedure.
In the case of failure to agree upon the diplomatic solution of a dispute concerning a question of an international character, the
Two High Contracting Parties shall submit it to said Commission for investigation and report. The convocation of the Commission may be made by either Contracting Government. The Commission shall by preference sit in the country in which there are the greater facilities for the study of the question, and the High Contracting Parties shall furnish all the means to that end. The report of the Commission shall be presented within a year counted from the date at which the Commission shall declare that its work is begun, unless a prolongation of the time shall be accorded by both Parties. This report, which is purely advisory and does not bind the Contracting Parties as to the question at issue, shall be prepared in triplicate, each Government being furnished with a copy and the third kept in the files of the Commission.
After presentation of the report to both Governments six months' time will be given to renewed negotiations in order to bring about a solution of the question in view of the findings of said report; and if after this new term both Governments should be unable to reach a friendly arrangement, they will proceed to submit the dispute to arbitration under the terms of the Convention in force between them, if such convention covers the question or questions investigated.
The present treaty shall be ratified by the Two High Contracting Parties according to their national Constitutions, and the ratifications shall be exchanged as soon as possible. It shall take effect immediately after the exchange of ratifications and shall continue in force for a period of five years, and it shall thereafter remain in force until twelve months after one of the two High Contracting Parties have given notice to the other of an intention to terminate it.
The strict and honest fulfillment of the foregoing clauses is intrusted to the honor of the signatory nations.
In witness whereof, the respective Plenipotentiaries have signed the present treaty and have affixed thereunto their seals.
Done in Washington, on the 24th day of July, in the year nineteen hundred and fourteen.
WILLIAM JENNINGS BRYAN [SEAL.]