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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 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 territories wherever situated, belonging to either of the Contracting Parties or under the jurisdiction or control of either of them.

Applications for the surrender of fugitives shall be made by the respective diplomatic agents of the Contracting Parties. In case of the absence of such agents from the country or its seat of government, or where extradition is sought from territory included in the preceding paragraph other than the United States, application may be made by superior consular officers.

It shall be competent for such diplomatic or superior Consular officers to ask and obtain the preliminary arrest of the person whose surrender is requested, before the Government of whom such request is made. The judicial functionaries shall prescribe the method of complying with the legal formalities of the country of which the extradition is requested.

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 hereinbefore provided, it shall appear that the mandate or preliminary warrant of arrest has been issued in pursuance of a request or declaration

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received by telegraph from the Government asking for the extradition, it shall be competent 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 whatsoever 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

No person shall be tried for any crime or offense other than that for which he was surrendered.

ARTICLE XV

This Convention 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 Convention shall be exchanged at Caracas as soon as possible.

In witness whereof the respective Plenipotentiaries have signed the above articles, and have hereunto affixed their seals.

Done in duplicate, in Caracas, this nineteenth day of January one thousand nine hundred and twenty-two.

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ADDITIONAL ARTICLE

The undersigned, John Campbell White, Chargé d'Affaires ad interim of The United States of America to Venezuela, and Dr. Pedro Itriago Chacín, Minister of Foreign Affairs of The United States of Venezuela, have agreed upon the following Additional Article to the Treaty of Extradition signed by the aforesaid on the nineteenth instant:

It is agreed that all differences between the Contracting Parties relating to the interpretation or execution of this Treaty shall be decided by arbitration.

In witness whereof they have signed the above Article, and have hereunto affixed their seals.

Done in duplicate, in Caracas, this twenty first day of January one thousand nine hundred and twenty-two.

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REDUCTION OF VISA FEES FOR

NONIMMIGRANTS

Exchange of notes at Caracas January 5 and 12, 1937
Entered into force January 12, 1937; operative January 18, 1937

Department of State files

No. 173

The American Chargé d'Affaires ad interim to the Minister
of Foreign Affairs

EXCELLENCY:

CARACAS, January 5, 1937

Pursuant to the conversations which I have had the honor of holding with Your Excellency in regard to the desire of the Government of the United States to waive or reduce the fees for passport visas and applications therefor, I now have the honor to inform Your Excellency that I have been authorized by the Department of State to conclude, by an exchange of notes, the following reciprocal agreement between my Government and the Government of Venezuela:

The Government of the United States will, effective from January 18, 1937, reduce to $2.00 (two dollars United States currency) the fee for visaing passports, and will collect no fee for executing applications therefor, in the case of citizens of Venezuela desiring to visit the United States (including the insular possessions) who are not "immigrants" as defined in Section 3 of the Immigration Act of the United States of 1924,1 as amended by the Act of July 6, 1932.2 The classes of citizens defined as "non-immigrants” are as follows:

(1) A government official, his family, attendants, servants, and employees; (2) An alien visiting the United States temporarily as a tourist or temporarily for business or pleasure;

(3) An alien in continuous transit through the United States;

(4) An alien lawfully admitted to the United States who later goes in transit from one part of the United States to another through foreign contiguous territory;

1 43 Stat. 153.

247 Stat. 607.

(5) A bona-fide alien seaman serving as such on a vessel arriving at a port of the United States and seeking to enter temporarily the United States solely in the pursuit of his calling as a seaman; and

(6) An alien entitled to enter the United States solely to carry on trade between the United States and the foreign state of which he is a national under and in pursuance of the provisions of a treaty of commerce and navigation, and his wife, and his unmarried children under 21 years of age, if accompanying or following to join him.

It is understood that from the same date, in the case of non-immigrant nationals of the United States of like classes desiring to visit Venezuela, the Government of Venezuela will collect no passport visa fee the equivalent of which would exceed the sum of $2.00 (two dollars United States currency). It is further understood that such visas granted by either Government shall be valid for twelve months, provided the respective passports continue to be valid for that period, and that no additional visa will need to be obtained during the validity of a visa already issued.

I shall be glad to receive from Your Excellency a confirmation of the above understanding in order that the agreement may enter into effect on the date mentioned.

Accept, Excellency, the renewed assurances of my highest consideration. HENRY S. VILLARD Chargé d'Affaires ad interim

His Excellency

Dr. E. GIL BORGES,

Minister for Foreign Affairs,

Caracas, Venezuela

The Minister of Foreign Affairs to the American Chargé d'Affaires ad interim

[TRANSLATION]

UNITED STATES OF VENEZUELA

MINISTRY FOR FOREIGN AFFAIRS

OFFICE OF INTER-AMERICAN RELATIONS CARACAS, January 12, 1937

No. 56

MR. CHARGÉ D'AFFAIRES:

I have the honor to advise Your Honor of the receipt of your courteous note No. 173, of the 5th instant, relative to the reduction of the consular fees which are at present collected for visaing the passports of non-immigrant Venezuelan citizens who visit the United States and of citizens of the United States, likewise non-immigrants, who visit Venezuela.

I am pleased to inform you that the Government of Venezuela accepts the proposal which Your Honor's Government makes in the courteous note

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