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The United States Representative has the honor to advise the SecretaryGeneral that the general procedure whereby the United States Government will make available to the United Nations funds in accordance with the Headquarters Loan Agreement, and whereby reports will be rendered thereon, will be as follows:

1. The Secretary-General will deposit with the Department of State, through the United States Mission to the United Nations, formal designations of the persons who will serve, within the terms of Section 2 of the Agreement, as duly authorized officers for requesting the advance of funds.

2. Requests for advances will be made to the United States Department of State, through the United States Mission to the United Nations, over the signature of the Secretary-General or a duly authorized officer, and will bear certification as to whether the request is to cover payments by the United Nations which

(a) have been made,

(b) are due and payable, or

(c) it is estimated will become due and payable within sixty days of the date of request,

and which are for purpose cited in Section 1 of the Agreement. The certification should cite the broad category of expense covered, and will be signed by the architect or engineer in charge of construction and countersigned by the Secretary-General or a duly authorized officer.

3. The Secretary-General or a duly authorized officer will sign a receipt for each payment received and will forward the receipt to the United States Department of State through the United States Mission to the United Nations.

4. The Secretary-General or a duly authorized officer will report periodically to the United States Department of State, through the United States Mission to the United Nations, on amounts which will be available for return to the Department as funds which have not been disbursed within ninety (90) days of their receipt. Return to the Department of State through the United States Mission to the United Nations will be effected within thirty (30) days after expiration of the ninety (90) day period.

5. Repayments under the repayment schedule beginning July 1, 1951, will be made to the United States Department of State through the United States Mission to the United Nations and receipted for on behalf of the United States by the Secretary of State or his duly authorized representative.

6. Pending the appropriation by the Congress of the full amount of the loan, advances will be limited to the twenty-five million dollars ($25,000,000.00) to be available to the Department under the Reconstruction Finance Corporation loan. The Secretary-General will be notified im

mediately when the funds are available to the Department and may be drawn upon by the United Nations.

It is understood that representatives of the Department of State are in consultation with officials of the United Nations regarding details of the documentation and, in particular, regarding the details of provision four above.

Uruguay

EXTRADITION

Treaty signed at Washington March 11, 1905

Senate advice and consent to ratification, with an amendment,
March 18, 1905 1

1

Ratified by the President of the United States, with an amendment,
April 12, 19081

Ratified by Uruguay May 27, 1908

Ratifications exchanged at Montevideo June 4, 1908

Entered into force June 4, 1908

Proclaimed by the President of the United States July 10, 1908

35 Stat. 2028; Treaty Series 501

The President of the United States of America and the President of the Oriental Republic of Uruguay, being animated by the desire to secure and promote the well-being and tranquillity of their respective countries by facilitating the just, prompt, and efficacious administration of justice, by preventing crimes and offenses, and by regulating the surrender of the authors thereof who may seek asylum within their respective territories, have agreed to conclude a treaty and for this purpose have appointed as their plenipotentiaries, to wit:

The President of the United States of America, John Hay, Secretary of State of the United States of America; and

The President of the Oriental Republic of Uruguay, Mr. Eduardo Acevedo Diaz, his Envoy Extraordinary and Minister Plenipotentiary accredited to the United States of America and to Mexico;

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed on the following articles:

1 The U.S. amendment called for deletion of the words "other common-law" between the words "any" and "crime" in the third paragraph of art. III.

The text printed here is the amended text as proclaimed by the President.

ARTICLE I

The high contracting parties obligate themselves to deliver up mutually to each other, under the circumstances and conditions stipulated in the present treaty, all persons, except their own citizens, who, having been charged or sentenced for any of the crimes or offenses enumerated in Article II and committed within the territory of one of the parties, shall be found within the territory of the other.

ARTICLE II

1. Murder, comprehending assassination, parricide, infanticide, poisoning, and manslaughter, when voluntary; or the attempt to commit any of these crimes.

2. Abortion.

3. Arson.

4. Piracy, or mutiny on shipboard whenever the crew, or part thereof, shall have taken possession of the vessel by fraud or violence against the commander.

5. Forgery, or the utterance of forged papers; the forgery of official acts of government, of public authorities, or of courts of justice, or the utterance of the thing forged or falsified.

The counterfeiting or falsifying of money, whether coin or paper, or of instruments of debt created by national, State, provincial, or municipal governments, or of coupons thereof, or of bank notes, or the utterance or circulation of these; the counterfeiting, falsifying, or altering of seals of state.

6. Embezzlement of public moneys by public functionaries or depositaries, embezzlement by persons hired or salaried, to the detriment of their employers or principals; larceny; where in either class of cases the amount embezzled or stolen exceeds the sum of two hundred dollars.

7. Burglary; housebreaking; shopbreaking.

8. Robbery, defined to be the act of feloniously and forcibly taking from the person of another money, or goods, by violence or putting him in fear. 9. Rape.

10. Bigamy.

11. Kidnapping; abduction.

12. Perjury and subornation of perjury.

13. Bribery, defined to be the giving, offering, or receiving of a reward to influence one in the discharge of a legal duty.

14. Willful and unlawful destruction or obstruction of railroads which endangers human life.

Extradition is also to take place for participation in any of the crimes and offenses mentioned in this treaty, provided such participation may be punished in the United States as a felony, and in Uruguay by imprisonment at hard labor.

ARTICLE III

Political crimes and misdemeanors are expressly excepted from the present treaty.

A person whose surrender has been granted shall not in any case be either prosecuted or punished for any political crime or act connected therewith, committed previous to the extradition.

any

Neither shall he be prosecuted or punished for crime committed 24 previous to that on which the surrender is based, unless the nation of which the demand is made so grants.

If any question shall arise as to whether a case comes within the provisions of this article, the decision of the authorities of the Government on which the demand for surrender is made, or which may have granted the extradition, shall be final.

ARTICLE IV

Where the arrest and detention of a fugitive are desired on telegraphic or other information in advance of the presentation of formal proofs, the proper course in the United States shall be for an agent of the Uruguayan Government to apply to a judge or other magistrate authorized to issue warrants of arrest in extradition cases, and present a complaint on oath as provided by the statutes of the United States.

When under the provisions of this article the arrest and detention of a fugitive are desired in Uruguay, the proper course shall be to apply to the Foreign Office, which will immediately cause the necessary steps to be taken to secure the provisional arrest and 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 criminality, has not been produced under the stipulations of this treaty within a period of sixty days from the date of provisional arrest and detention.

ARTICLE V

Requisitions for extradition must be presented by the diplomatic agent of the country of which the request is made, or in case of his absence by the superior consular officer thereof, to the Ministry of Foreign Relations, and shall be accompanied, in the case of persons charged or under trial, by an authenticated copy of the warrant of arrest and of the evidence upon which it is based, as well as of the penal law applicable to the offense giving rise to the request, and, whenever possible, by a description of the person claimed.

With regard to sentenced persons, duly authenticated evidence of the sentence convicting them should be presented.

* For a U.S. amendment, see footnote 1, p. 979. 308-581-7463

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