the more usual forms of extraterritorial or other special courts, I recommended on page three of Despatch No. 179 the Department's approval. Nevertheless the Legation can in the end be guided only by the Department's instructions and such, in detail, would be much appreciated at this time. I have [etc.] 884.05/9 ADDISON E. SOUTHARD The Secretary of State to the Minister in Ethiopia (Southard) No. 101 WASHINGTON, November 1, 1929. SIR: The Department acknowledges the receipt of your despatch No. 241 of August 14, 1929, with reference to the proposed special court to be established in Ethiopia. It was the opinion of the Department as evidenced by its telegram to you of August 10, 1 p. m. that the proposal for the new court as set out in the enclosure to your despatch No. 179 of April 10, 1929,* lacked clarity. In Section 17 of the draft proposal, the translation of which was enclosed with your despatch above referred to, it is provided that in criminal cases the provisions of the Swiss Penal Code shall apply. In Section 27, under the general heading of crimes, it is provided that the law applied shall be that of the country of the accused. It was the opinion of the Department when reading this that there was some confusion with respect to the law to be applied. However, upon referring to the French text accompanying your despatch it was later ascertained that the word "delits" used in Section 17 should not be translated in English technically by the word "crimes" but rather by the word "misdemeanors". If the distinction is clearly made in the proposed agreement between crimes in which the law of the country of the accused shall be applied and misdemeanors in which the provisions of the Swiss Civil Code are to be applied, there would seem to be no objection. However, in a copy of the Swiss Penal Code which is in the Department there appears to be no accurate classification of crimes and misdemeanors. The rotating character of the Judges would seem to be a rather cumbersome system but if it is agreeable to the other Powers the Department would not of course object thereto. There would also seem to be some lack of clarity in Section 18 which states that in matters of contraventions the Ethiopian laws and regulations which have been accepted by the representatives of the Powers shall be applicable to their subjects. The Department is not aware just how far this might become confused with the provisions of the "Not printed. Swiss Penal Code with respect to misdemeanors. This matter is further complicated by the fact that the definition of crimes, misdemeanors and contraventions, if defined by the Swiss Penal Code, may cut across the lines of the distinctions of crimes under American law. It was the idea of the Department that it would be clearer to provide that civil and commercial matters and matters of simple contravention of municipal regulations, et cetera, should be governed by the Egyptian Mixed Codes and that crimes in degrees above contraventions should be judged by the laws applicable in the defendant's country. In general the Department's objections were not leveled against the scheme as a whole but it was thought that a more careful drafting of the provisions might obviate some of the possible confusion with respect to the operation in Ethiopia of laws concerning various degrees of crime. The Department is entirely in accord with your suggestion that whatever may be suitable to the other Powers having interests in Ethiopia would be all that this Government could hope to obtain and in general would be satisfactory. I am [etc.] For the Secretary of State: WILLIAM R. CASTLE, Jr. FRANCE SUPPLEMENTARY EXTRADITION CONVENTION BETWEEN THE UNITED STATES AND FRANCE, SIGNED JANUARY 15, 1929 211.51/54 The Chargé in France (Armour) to the Secretary of State No. 9294 PARIS, January 15, 1929. [Received January 31.] SIR: With reference to the Department's Instruction No. 2972 of November 22, 1928,1 (File No. 211.51/48), and previous correspondence, and confirming my telegram No. 22, January 14, 1 P. M., regarding the supplemental Extradition Treaty to be signed by the French Government covering "infractions of the laws concerning poisonous substances", I have the honor to transmit herewith the text of the Convention1 as altered after the receipt of the Department's Instruction above referred to, as well as after conference with the Foreign Office. The Department's Instruction No. 2467 of October 15, 1927,1 transmitted a draft of a proposed convention, which draft was transmitted to the Foreign Office for its consideration. The Embassy's despatch No. 9019 of October 6, 19281 forwarded to the Department a note from the Foreign Office which stated that, since the crimes and offenses specified and numbered 16 in the proposed supplemental extradition convention constitute in French law misdemeanors only, it would prefer a statement slightly different from that contained in the text proposed by the Department. The Department's Instruction No. 2972 authorized the change in wording suggested by the Foreign Office, (i. e. "infractions of the laws concerning poisonous substances" instead of "crimes and offenses against the law for the suppression of the trade in narcotics"). The Department's Instruction, however, did not provide for certain changes in the draft convention which it was found on examination were necessitated by the change in wording above referred to in Article 1. For example, Article 1 of the original draft read as follows: "The following crimes and offenses are added to the list of crimes and offenses numbered 1 to 15 in the first article of the said Convention of January 6, 1909, that is to say: 16. Crimes and offenses against the laws for the suppression of the trade in narcotics." 1 Not printed. The Foreign Office pointed out that the change adopted in Paragraph 16 made it advisable to change Article 1 to read as follows: "To the list of crimes and offenses numbered 1 to 15 in the second article of the said Convention of January 6, 1909, the following, contained in a paragraph 16, is added: 16. Infractions of the laws concerning poisonous substances." Furthermore, when the original draft was discussed with the Foreign Office, it was pointed out by the latter that the Minister for Foreign Affairs did not require any special powers for the purpose of signing a treaty and it was therefore proposed that the wording of the preamble should be so changed as to omit reference to the communication of full powers. (This change was specifically referred to in my telegram No. 22, January 14, 1 P. M.). Finally, the Foreign Office pointed out that it was the custom to have ratifications exchanged at the place of signature and that unless our Government had any objection thereto, it suggested that Paris alone be named as the place of exchange for ratifications. (This point also was specifically presented to the Department in the Embassy's telegram No. 22, January 14, 1 P.M.). The only other correction to mention was in Line 2 of the treaty; to the words "list of crimes" was added the addition "and offenses", this being necessitated by the change in wording of paragraph 16. I have [etc.] Treaty Series No. 787 NORMAN ARMOUR Supplementary Extradition Convention Between the United States of America and France, Signed at Paris, January 15, 19291 18 The United States of America and the Republic of France being desirous of enlarging the list of crimes and offences on account of which extradition may be granted under the Convention concluded between the United States and France January 6, 1909,2 have resolved to conclude a supplementary Convention for this purpose and have appointed for that purpose the following plenipotentiaries: The President of the United States of America: Mr. Norman Armour, Chargé d'Affaires ad interim of the United States of America at Paris, and The President of the French Republic: His Excellency M. Aristide Briand, Minister for Foreign Affairs; Who have agreed to and concluded the following articles: "In English and French; French text not printed. Ratification advised by the Senate, February 28 (legislative day of February 25), 1929; ratified by the President, March 6, 1929; ratified by France, April 27, 1929; ratifications exchanged at Paris, May 2, 1929; proclaimed by the President, May 9, 1929. Foreign Relations, 1911, p. 189. ARTICLE I To the list of crimes and offences numbered 1 to 15 in the second article of the said Convention of January 6, 1909, the following, contained in a paragraph 16, is added: 16. Infractions of the laws concerning poisonous substances. ARTICLE II The present Convention shall be considered as an integral part of the said extradition Convention of January 6, 1909, and the second article thereof shall be read as if the list of crimes and offences therein contained had originally comprised the additional infractions of the laws specified and numbered 16 in the first article of the present Convention. The present Convention shall be ratified and the ratifications shall be exchanged at Paris as soon as possible. It shall come into force ten days after its publication in conformity with the laws of the High Contracting Parties and it shall continue and terminate in the same manner as the said Convention of January 6, 1909. In testimony whereof the respective plenipotentiaries have signed the present Convention in duplicate and have thereunto affixed their seals. Done at Paris, this 15 day of January 1929. PROBLEMS OF TARIFF ADMINISTRATION REGARDING FRENCH EXPORTS TO THE UNITED STATES AND AMERICAN EXPORTS TO FRANCE' 611.5131/763 The Ambassador in France (Herrick) to the Secretary of State No. 9400 PARIS, March 7, 1929. [Received March 16.] SIR: With reference to my telegram No. 91 of this date, I have the honor to forward herewith in copy and translation a note dated March 6, received from the Foreign Office, containing a draft agreement relative to the verification by American administrative officials of declarations of value made by French exporters. This note is in reply to the note delivered by the Embassy to the Foreign Of 'Continued from Foreign Relations, 1928, vol. п, pp. 820-831. 'Not printed. |