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Concluded June 28, 1872; ratification advised by the Senate January
6, 1873; ratified by the President January 10, 1873; ratifications exchanged November 12, 1873; proclaimed December 24, 1873. (Treaties and Conventions, 1889, p. 269.)
I. Persons to be delivered.
The United States of America and the Republic of Ecuador having deemed it conducive to the better administration of justice and the prevention of crime within their respective territories, that all persons convicted of, or accused of the crimes enumerated below, being being fugitives from justice, shall be, under certain circumstances reciprocally delivered up have resolved to conclude a Treaty upon the subject, and the President of the United States has for this purpose named Rumsey Wing, a citizen of the United States, and their Minister Resident in Ecuador, as Plenipotentiary on the part of the United States; and the President of Ecuador has named Francisco Tavier Leon, Minister of the Interior and of Foreign Affairs, as Plenipotentiary on the part of Ecuador; who having reciprocally communicated their full powers, and the same having been found in good and due form, have agreed upon the following articles, viz:
The Government of the United States, and the Government of Ecuador mutually agree to deliver up such persons as may have been convicted of, or may be accused of the crimes set forthin the following article, committed within the jurisdiction of one of the contracting parties, and who may have sought refuge, or be found within the Territory of the other: it being understood that this is only to be done when the criminality shall be proved in such manner that according to the laws of the country, where the fugitive or accused may be found such persons might be lawfully arrested and tried, had the crime been committed within its jurisdiction.
Persons convicted of or accused of any of the following crimes shall be delivered up, in accordance with the provisions of this Treaty.
1st. Murder, including assassination, parricide, infanticide and poisoning.
2nd. The crime of rape, arson, piracy, and mutiny on ship-board when the crew or a part thereof, by fraud or violence against the commanding officer have taken possession of the vessel.
3rd. The crime of burglary, this being understood as the act of breaking or forcing an entrance into another's house with intent to commit any crime, and the crime of robbery, this being defined as the act of taking from the person of another, goods or money with criminal intent, using violence or intimidation.
4th. The crime of forgery: which is understood to be the wilful use or circulation of forged papers or public documents.
5th. The fabrication or circulation of counterfeit money, either coin or paper, of public bonds, bank bills and securities, and in general of any kind of titles to or instruments of credit, the counterfeiting of stamps, dies, seals, and marks of the State, and of the administrative authorities, and the sale or circulation thereof.
6th. Embezzlement of public property, committed within the jurisdiction of either party by public officers or depositaries.
The stipulations of this treaty shall not be applicable to crimes or offences of a political character; and the person or persons delivered up charged with the crimes specified in the foregoing article shall not be prosecuted for any crime committed previously to that for which his or their extradition may be asked.
If the person whose extradition may have been applied for in accordance with the stipulations of the present Treaty, shall have been arrested for offences committed in the country where he has sought refuge, or if he shall have been sentenced therefor, his extradition may be deferred until his acquittal, or the expiration of the term for which he shall have been sentenced.
Requisitions for the extradition of fugitives from justice shall be made by the respective diplomatic agents of the contracting parties, or in case of the absence of these from the country or its capital, they may be made by superior Consular officers. If the person whose extradition is asked for shall have been convicted of a crime, the requisition must be accompanied by a copy of the sentence of the Court that has convicted him, authenticated under its seal, and an attestation of the official character of the judge who has signed it, made by the proper executive authority; also by an authentication of the latter by the Minister or Consul of the United States or Ecuador respectively. On the contrary however, when the fugitive is merely charged with crime, a duly authenticated copy of the warrant for his arrest in the country where the crime has been committed, and of any evidence in writing upon which such warrant may have been issued, must accompany the aforesaid requisition. The President of the United States or the proper executive authority of Ecuador, may then order the arrest of the fugitive, in order that he may be brought before the judicial authority, which is competent to examine the question of extradition.
If, then, according to the evidence and the law, it be decided that the extradition is due in conformity with this Treaty, the fugitive shall be delivered up, according to the forms prescribed in such cases.
The expenses of the arrest, detention and transportation of persons claimed, shall be paid by the Government in whose name the requisition shall have been made.
This treaty shall continue in force for ten years (10) from the day of the exchange of ratifications, but in case neither party shall have given to the other one year's (1) previous notice of its intention to terminate the same, then this Treaty shall continue in force for ten years (10) longer, and so on.
The present Treaty shall be ratified, and the ratifications exchanged in the Capital of Ecuador, within two months from the day on which the session of the coming Congress of Ecuador shall terminate, which will be in October 1873.
In testimony whereof the respective Plenipotentiaries have signed the present Treaty in duplicate, and have hereunto affixed their seals.
Done in the city of Quito, Capital of the Republic of Ecuador, this twenty eight day of June one thousand eight hundred and seventy two.
CONVENTION FOR ARBITRATION OF CLAIM OF JULIO R. SANTOS.
Concluded February 28, 1893; ratification advised by the Senate September 11, 1893; ratified by the President September 16, 1893; ratifications exchanged November 6, 1894; proclaimed November 7, 1894. (U. S. Stats. Vol. 28, p. 1205.)
Upon the submission of the claim to the arbitrator an award in favor of Santos was made amounting to $10,000.
Concluded November 16, 1884; ratification advised by the Senate
March 18, 1885; ratified by the President May 7, 1885; proclaimed May 7, 1885. (Treaties and Conventions, 1889, p. 272.)
(As this agreement adopts the convention with Greece a synopsis of the articles of that convention is given below.)
The Undersigned, N. D. Comanos, Vice-Consul General of the United States of America in Egypt, and His Excellency Nubar Pasha, President of the Council of Ministers, Minister of Foreign Affairs and of Justice of the Government of His lighness the Khedive of Egypt, duly authorized by their respective Governments, have held a Conference this day on the subject of a Commercial Convention to be concluded between the Egyptian Government and the Foreign Powers, and have agreed to the following.
The Government of the United States of America consents that the Regulations of the Egyptian Customs applicable, in virtue of a Commercial and Customs Convention concluded on the 3rd of March, 1884, between the Hellenic Government and the Egyptian Government, to the Hellenic subjects, vessels, commerce and navigation, may also be applied to the citizens of the United States, vessels commerce and navigation.
Every right, privilege or immunity that the Egyptian Government now grants, or that it may grant in future, to the subjects or citizens, vessels, commerce and navigation of whatsoever other foreign power, shall be granted to citizens of the United States, vessels, commerce and navigation, who shall have the right to enjoy the same.
The present agreement shall become operative immediately upon the consent of the Senate of the United States being given to the same.
In testimony whereof, the undersigned have signed the present act and have affixed their seals.
Done in Cairo, the sixteenth day of November Eighteen hundred and eighty four.
N. D. COMANOS.
[The following is a translation of the printed official French version of the Con
vention between the Hellenic Government and the Egyptian Government concluded March 3, 1884, the provisions of which have been made applicable to the United States by the foregoing Agreement.]
A CONVENTION RELATIVE TO COMMERCE AND CUSTOMS.
I. Most favored nation clause.
X. Effects of consular officers. II. Prohibitions.
XI. Shipping regulations. III. Importations into Egypt.
XII. Customs declarations. IV. Egyptian customs duties.
XIII. Customs officials. V. Goods excluded.
XIV. Fines and confiscations. VI. Firearms.
XV. Administrative regulations. VII. Reexportations.
XVI. Duration. VIII. Drawbacks on reexported goods. Additional article.—Taking effect of IX. Egyptian export duties.
modified tariff. His Excellency Nubar Pasha, President of the Council of Ministers, Minister of Foreign Affairs of His Highness the Khedive, and Mr. Anasthasius Byzantios, Diplomatic Agent and Consul-General of Greece, having been duly authorized by their respective Governments, have agreed upon the following:
Greek commerce in Egypt and Egyptian commerce in Greece sball be treated, as regards customs duties, both when goods are imported and exported, as the commerce of the most favored nation.
No prohibitory measure shall be adopted in respect to the reciprocal import or export trade of the two countries, without being likewise extended to all other nations. It is nevertheless understood that this restriction shall not apply to such special measures as may be adopted by either country for the purpose of protecting itself against epizooty, phylloxera or any other scourge.
The Egyptian Government pledges itself, with the exceptions mentioned in article 6 hereinafter, not to prohibit the importation into Egypt of any article, the product of the soil and industry of Greece, from whatever place such article may come.
The duties to be levied in Egypt on the productions of the soil and industry of Greece, from whatever place they may come, shall be regulated by a tariff which shall be prepared by commissioners appointed for this purpose by the two Governments.
A fixed duty of 8 per cent. ad valorem shall be taken as the basis of this tariff, the said duty to be computed on the price of the goods in the port of discharge; the Egyptian Government, however, reserves the privilege of raising the duties on distilled beverages, wines and fancy articles; but these duties shall, in no case, exceed the rate of 16 per cent. ad valorem.
The Egyptian Government likewise reserves the right to reduce the duties on articles of prime necessity that are imported into Egypt, to 5 per cent., and even to abolish them entirely.
Customs duties shall be collected without prejudice to the penalties provided. in cases of fraud and smuggling, by the regulations.
Tobacco, in all its forms, and tombac, together with salt, natron, hashish, and saltpeter are excluded from the stipulations of this convention.
The Egyptian Government retains an absolute right in respect to these articles,