Government which surrendered him, which may, if it think proper, require the production of one of the documents mentioned in Article XI of this Treaty. 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 offence 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 offence 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 Contracting Parties shall be bound to deliver up its own citizens. ARTICLE IX. The expense of the 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 offence, 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 Treaty shall be applicable to all territory wherever situated, belonging to either of the 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 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. The extradition of fugitives under the provisions of this Treaty shall be carried out in the United States and in the Republic of El Salvador, respectively, in conformity with the laws regulating extradition for the time being in force in the State in which the request for the surrender is made. ARTICLE XII. Where the arrest and detention of a fugitive in the United States are desired on telegraphic or other information in advance of the presentation of formal proof, complaint on oath, as provided by the statutes of the United States, shall be made by an agent of the Government of El Salvador before a judge or magistrate authorized to issue warrants of arrest in extradition cases. When, under the provisions of this Article, the arrest and detention of a fugitive are desired in the Republic of El Salvador, the proper course shall be to apply to the Foreign Office, which will immediately cause the necessary steps to be taken in order to secure the provisional arrest or detention of the fugitive. The provisional detention of a fugitive shall cease and the prisoner be released if a formal requisition for his surrender accompanied by the necessary evidence of his guilt has not been produced under the stipulations of this Treaty, within two months from the date of his provisional arrest or detention. 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 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. The conveyance through the territories of either of the High Contracting Parties of any person, not being a citizen of the country to be passed through, extradited by a third Power to either of them for any of the crimes specified in this treaty, will be permitted if, in the case of the United States, the authority of the Secretary of State and, in that of El Salvador, that of the Minister for Foreign Relations, is first obtained. ARTICLE XV. This Treaty shall take effect from the day of the exchange of the ratifications thereof; but either Contracting Party may at any time. terminate the same on giving to the other six months" notice of its intention to do so. The ratifications of the present Treaty shall be exchanged at San Salvador or at 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 Salvador, this eighteenth day of April, one thousand nine hundred and eleven. (SEAL.) (SEAL.) WILLIAM HEIMKÉ. 1914. AGREEMENT EXTENDING THE DURATION OF THE ARBITRATION CONVENTION OF DECEMBER 21, 1908. Signed at Washington May 13, 1914; ratification advised by the Senate May 20, 1914; ratified by the President June 2, 1914: ratified by Salvador July 6, 1914; ratifications exchanged at Washington August 21, 1914; proclaimed August 21, 1914. (Treaty Series, No. 596; 38 Statutes at Large, 1827.) ARTICLES. I. Extends 1908 convention five years. | II. Ratification. The Government of the United States of America and the Government of Salvador, being desirous of extending the period of five years during which the Arbitration Convention concluded between them on December 21, 1908, is to remain in force, which period is about to expire, have authorized the undersigned, to wit: The Hon orable William Jennings Bryan, Secretary of State of the United States, and Doctor Don Carlos A. Meza, Chargé d'Affaires ad interim of Salvador at Washington, to conclude the following agree ment: ARTICLE I. The Convention of Arbitration of December 21, 1908,1 between the Government of the United States and the Government of Salvador, the duration of which by Article III thereof was fixed at a period of five years from the date of the exchange of ratifications, which period will terminate on July 3, 1914, is hereby extended and continued in force for a further period of five years from July 3, 1914. ARTICLE II. The present Agreement shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and approved by the President of Salvador and ratified by the National Assembly, and it shall become effective upon the date of the exchange of ratifications, which shall take place at Washington as soon as possible. Done in duplicate at Washington, in the English and Spanish languages, this 13th day of May, one thousand nine hundred and fourteen. WILLIAM JENNINGS BRYAN (SEAL.) (SEAL.) 1919. CONVENTION FACILITATING THE WORK OF TRAVELING SALESMEN. Signed at Washington January 28, 1919; ratification advised by the Senate January 26, 1920; ratified by the President February 16, 1920; ratified by Salvador November 6, 1920; ratifications exchanged at San Salvador January 18, 1921; proclaimed January 22, 1921. (Treaty Series, No. 651; 41 Statutes at Large, 1725.) ARTICLES. I. Right of domiciled commercial II. Certificate from country of VI. Customs formalities to be VII. Vendors directly to consumer IX. Most-favored-nation clause. The United States of America and the Republic of Salvador being desirous to foster the development of commerce between them and to increase the exchange of commodities by facilitating the work of For text see Vol. II, p. 1572. 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, Frank L. Polk, Acting Secretary of State of the United States of America, and The President of the Republic of Salvador, Rafael Zaldivar, Envoy Extraordinary and Minister Plenipotentiary for the Republic of Salvador in the United States of America, 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 employes 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.1 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 treaty, 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 manufacturers, merchants, and traders represented a certificate attesting his character as a commercial traveler. This certificate, which shall be issued by the authority to be designated in each country for the purpose, shall be viséed by the consul of the country in which the applicant proposes to operate, and the authorities of the latter shall, upon the presentation of such certificate, issue to the applicant the national license as provided in Article I. ARTICLE III, A commercial traveler may sell his samples without obtaining a special license as an importer. ARTICLE IV. Samples without commercial value shall be admitted to entry free of duty. Samples marked, stamped, or defaced, in such manner that they can not be put to other uses, shall be considered as objects without commercial value. ARTICLE V. Samples having commercial value shall be provisionally admitted upon giving bond for the payment of lawful duties if they shall not 1 Licenses are issuable by the Department of Commerce in accordance with "An act to give effect to certain provisions of conventions with foreign Governments for facilitating the work of traveling salesmen," approved September 22, 1922. |