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The President of the Republic of Cuba, His Excellency Sr. Carlos García Vélez, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Cuba to the Government of the United States of America; and
The President of the United States of Brazil, His Excellency Sr. Joaquín Nabuco, Ambassador Extraordinary and Plenipotentiary of the United States of Brazil to the Government of the United States of America, Member of the Permanent Court of Arbitration at The Hague;
Who, after having communicated to each other their respective 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 high contracting parties, and which it may not have been possible to settle by diplomacy, shall be submitted to the Permanent Court of Arbitration at The Hague; provided, that they do not affect the vital interests, the independence or the honor of the high contracting parties and do not concern the interests of third parties; it being likewise understood that, in case one of the two high contracting parties should choose to do so, any arbitration provided for in this convention may be submitted to the chief executive of a friendly state, or to arbitrators chosen without restriction to the list of the above named Permanent Court of Arbitration at The Hague.
In each individual case the high contracting parties, before appealing to the Permanent Court of Arbitration at The Hague, or to other arbitrator or arbitrators, 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 arbitral tribunal and the several stages of the procedure. It is understood that such special agreement shall be entered into on behalf of the Republic of Cuba, by the President of the Republic of Cuba with the approval of the Senate thereof, and on behalf of the Republic of Brazil, by the President of the United States of Brazil with the approval of the two Houses of the Federal Congress thereof.
The present convention shall remain in force for a period of five years from the date of the exchange of the ratifications thereof, and, if not denounced six months before the expiration of the above named period, it shall remain in force for an equal period of five years, and so on in the future.
The present convention shall be ratified by the President of the Republic of Cuba with the approval 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 become effective immediately upon the exchange of ratifications.
In witness whereof, we, the above named plenipotentiaries, have signed the present instrument in duplicate, in the Spanish and Portuguese languages, and have affixed thereto our seals. Done in the City of Washington on the tenth day of June, 1909.
(L. S.) Carlos García VÉLEZ. (L. S.) JOAQUÍN NABUCO.
EXTRADITION TREATY BETWEEN VENEZUELA AND CUBA 1
Signed at Havana, July 14, 1910; ratifications exchanged January 24, 1913
The Republic of Cuba and the United States of Venezuela, with a view to securing the enforcement of justice, have decided to conclude a treaty of extradition and, for that purpose, have appointed as their plenipotentiaries:
His Excellency the President of the Republic of Cuba: Señor Manuel Sanguily, Secretary of State of the Republic of Cuba, and,
His Excellency the President of the United States of Venezuela: General Señor Ignacio Andrade, Envoy Extraordinary and Minister Plenipotentiary of the United States of Venezuela to Cuba;
1 Translated from the Gaceta Oficial (Cuba), March 27, 1913.
Who, after having communicated to each other their respective full powers, which were found in good and due form, have agreed upon the following articles:
ARTICLE I The Republic of Cuba and the United States of Venezuela pledge themselves reciprocally to surrender to each other, pursuant to the stipulations of this treaty, the persons who, having been charged as principals, accomplices or accessories with or convicted of any of the crimes or offences mentioned in Article II, committed, or attempted, or the perpetration of which shall have been frustrated, within the territories of one of the contracting parties, shall seek an asylum or be found within the territories of the other: Provided, however, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his arrest and commitment for trial, if the crime or offence had been committed, attempted or frustrated therein.
Extradition shall be granted for the following crimes or offences.
1. Voluntary homicide, including parricide, infanticide, assassination, poisoning and abortion.
2. Wounding or beating voluntarily inflicted which shall produce, without the intention of causing it, death, a mental or bodily disease that is or that appears to be incurable, inability to work, loss or absolute deprivation of the eyesight or of a member necessary for self-defence or protection, or a grave mutilation.
3. Disasters caused by arson, the sinking or stranding of vessels, flooding, or by the explosion of a mine or infernal machine.
4. Abduction, rape and other attempts against modesty. 5. Abandonment of children.
6. Kidnapping, concealment, suppression, substitution or suposición of children.
7. Association of criminals.
10. Falsification or alteration of deeds, or public, official, commercial or private documents, or of telegraphic messages; the use of such documents with knowledge of their being forged or altered.
11. Fabrication of counterfeit money or alteration of lawful coins; forgery or alteration of paper money, of banknotes, of government bonds or coupons, national as well as foreign; forgery of postage or telegraphic stamps or of any other sort of stamped paper whose issue shall be reserved to the state; to put into circulation or to introduce such articles knowing them to be forged or altered.
12. Fabrication or introduction of dies, stamps, or any other tool or instrument known to be intended for forgery.
13. Embezzlement committed by public officers; embezzlement committed by persons employed or salaried in detriment of those employing them, provided that in either case the embezzlement shall exceed one thousand bolivares or two hundred pesos.
14. Bribery and corruption of officers. 15. Perjury or false statements by witnesses, experts or interpreters.
16. Fraudulent bankruptcy, and frauds committed in the acts of bankruptcy.
17. Wilful or unlawful destruction or obstruction of railroads, which may endanger human life.
18. Piracy, as defined by the laws of the contracting states as well as by the law of nations.
19. Revolt or conspiracy to revolt, by two or more persons on board of a vessel on the high seas, against the authority of the captain or his substitute.
20. Crimes or offences against the laws of both countries that may be intended for the suppression of slavery and the slave traffic.
21. Attempts by private persons against personal liberty and the inviolability of the domicile.
ARTICLE III Whenever the crime or offence which gives rise to the extradition shall have been committed outside of the territory of the state which makes the demand, if the laws of the country applied to authorize a prosecution for the same infraction when committed outside of its own jurisdiction, said demand shall be properly acted upon.
ARTICLE IV The extradition shall not be granted if the act for which it is demanded is considered by the state requested as a political offence or an act connected therewith.
It is formally stipulated that the persons extradited shall not, in any case, be prosecuted or punished for any previous political offence nor for other acts connected therewith.
An attempt against the person of the executive of a state, shall not be considered as a political offence, nor as an act connected therewith, when such an attempt comprises the act either of homicide, assassination or poisoning.
(a) When, in accordance with the laws of either state, the maximum punishment for participation in the crime or offence charged against the person demanded, does not exceed imprisonment for six months.
(b) When, according to the laws of the state to which the application is made, the action or penalty to which the party prosecuted or sentenced was liable shall have been barred by limitation.
(c) When the person whose extradition is requested has been already tried and acquitted or has served out his sentence, or when the acts charged have been the subject of an amnesty or pardon.
The application for extradition shall always be made through diplomatic channels.
ARTICLE VII If the person demanded shall be under prosecution or sentence in the country from which extradition is sought, the extradition shall be postponed until such person shall be either discharged or pardoned or shall have served out his sentence, or the cause shall be in any other way determined.
ARTICLE VIII The application for extradition shall whenever the fugitive shall have been convicted be accompanied by a duly authenticated copy of the sentence. When the fugitive is only charged with and prosecuted for the offence, the application shall be accompanied by a duly authenticated copy of the warrant for his arrest or of the indictment issued by the proper authority as well as the testimony or other evidence upon which such warrants were issued.
To these papers shall be attached a copy of the laws applicable to the