Sovereign or Head of a foreign State, or against the life of any member of his family, shall not be deemed sufficient to sustain that such crime or offense was of a political character, or was an act connected with crimes or offenses of a political character. ARTICLE IV No person shall be tried for any crime or offense, committed prior to his extradition, other than that for which he was surrendered, unless he has been at liberty for one month after having been tried, to leave the country, or, in case of conviction, for one month after having suffered his punishment or having been pardoned. 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 demanding country, 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 two parties hereto, shall be also claimed by one or more powers pursuant to treaty provisions on account of crimes or offenses committed within their jurisdiction such criminal shall be delivered to that State whose demand is first received unless the demand is waived. This article shall not affect such treaties as have previously beer concluded by one of the contracting parties with other States. ARTICLE VIII Under the stipulations of this Treaty, neither of the High Contracting Parties shall be bound to deliver up its own citizens, except in case where such citizenship has been obtained after the perpetration of th crime for which extradition is sought. The State appealed to shall decid whether the person claimed is its own citizen. ARTICLE IX The expense of transportation of the fugitive shall be borne by the government which has preferred the demand for extradition. 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 other than for the board and lodging of a fugitive prior to his surrender, arising out of the arrest, detention, examination and surrender of fugitives under this treaty, shall be made against the government demanding the extradition; provided, however, that any officer or officers of the surrendering government 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 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 where extradition is sought from territory included in the preceding paragraphs, other than the United States or Albania, requisitions may be made by superior consular officers. The arrest of the fugitive shall be brought about in accordance with the laws of the respective countries, and if, after an examination, it shall be decided, according to the law and the evidence, that extradition is due pursuant to this treaty, the fugitive shall be surrendered in conformity to the forms of law prescribed in such cases. The person provisionally arrested, shall be released, unless within two months from the date of arrest in Albania, 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 or offense 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 shall be produced, together with the evidence of criminality mentioned in Article I hereof. ARTICLE XII The present Treaty, of which the English and Albanian texts are equally authentic, 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 at Washington as soon as possible. ARTICLE XIII The present Treaty shall remain in force for a period of five 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 Tirana this first day of March, nineteen hundred and thirty-three. HERMAN BERNSTEIN DJAFER VILA [SEAL] [SEAL] CZECHOSLOVAKIA DISCUSSION OF THE APPLICATION OF THE QUOTA SYSTEM TO AMERICAN MOTION PICTURE FILMS IN CZECHOSLOVAKIA 660F.116/48 Telegram The Secretary of State to the Chargé in Czechoslovakia (Tuck) WASHINGTON, February 25, 1933-1 p.m. 5. Legation's despatch No. 831, September 25, 1932.1 The Department is in receipt of a letter from Motion Picture Producers and Distributors of America, Incorporated, reading in part as follows: "You will recall that for almost a year our offices have ceased taking contracts in Czechoslovakia, thinking that by this action we could break down the quota law in that country against foreign motion pictures. Unfortunately, in spite of the splendid help and cooperation from the Legation we have not been able to change the Government's idea on this matter. The different foreign managers are returning from their annual trips to Europe where they have gone into this matter pretty thoroughly, and they feel that they cannot afford to allow the money from that territory to slip through their hands any longer. The loss of last year's business meant well over $100,000 to them. Due to the terrific pressure from their financial departments in their home offices they feel that if they cannot strike a compromise by the middle of March, that we will have to give in. In the meantime, of course, we are saying nothing about this supposed action of going back into the territory on March 15th under these new laws because, needless to say, there would be no compromise by the Czechoslovakian Government if they thought we had this in the back of our minds." We hope that the action contemplated by the Motion Picture Producers can be avoided. Should they be forced to give way on this point, their position would be weakened not only in Czechoslovakia but presumably in other countries as well. Telegraph report of recent developments together with suggestions as to any action which you believe might be taken with a view to protecting the interests of the Motion Picture Producers." 1 Not printed. STIMSON In telegram No. 6, March 7, 4 p.m., the Chargé in Czechoslovakia reported: "No immediate action possible here." (660F.116/50) 660F.116/63 The Czechoslovak Minister (Veverka) to the Secretary of State WASHINGTON, May 11, 1933. EXCELLENCY: I have been instructed by my government to present to Your Excellency the following information concerning the importation of American films into Czechoslovakia with regard to special importation permit regulations. Films, in the opinion of my government, cannot be regarded as ordinary merchandise because of their cultural value, and therefore, all governments give them special consideration. Czechoslovakia was the last of all the film-producing countries of Europe to impose special regulations on the importation of films. This, however, became necessary with the development of sound and talking pictures because political questions were involved. In the interests of development of the national production of sound and talking films, there is a clause in the importation permit regulations which states that any producer in the Czechoslovak studios of one feature film in the Czech language has the right to preferential treatment as regards the importation of foreign films, that is, any such producer is allowed to import five foreign sound films. The producer who does not take advantage of this favor, could, with the approval of the Ministry of Commerce, transfer it to another importer. The price for preferential treatment is established at 20,000 Cz. Cr. for one feature. In practice, the Czechoslovak Ministry of Commerce complies with the requests of the importers of American films and therefore all demands for preferential treatment for the importation of American films are granted. The American film industry represented by its most important organization, was from the beginning against these regulations on the grounds that the American exporters were not able to support this charge. In this connection, I should like to mention that the Czechoslovak importation practice is one of the most lenient of all European film-producing countries. Further, all other film-importing countries such as France, Great Britain, Italy, are obliged to pay this charge, and finally the home distributing companies so far as they can import American films are also obliged to pay for the monopoly rights while the American branches do not pay for these rights to the central office. So far as I am informed, the American branch offices have at their disposal many films which earn for them on the Czechoslovak market approximately 800,000 Cz. Cr. and therefore, the charge of 20,000 Cz. Cr. amounts to only 22% of the mentioned income. American films have always been held in a very high esteem in Czechoslovakia and the Czechoslovak authorities as well as the Czechoslovak public, heartily wish the most |