EXTRADITION
Treaty Series 550
1909 U.S.T. LEXIS 50; 7 Bevans 200
June 19, 1909, Date-Signed
August 2, 1910, Date-In-Force
STATUS:
[*1] Treaty signed at Santo Domingo June 19, 1909
Senate advice and consent to ratification, with an amendment, July 26, 1909 n1
Ratified by the President of the United States, with an amendment, April 29, 1910 n1
Ratified by the Dominican Republic July 11, 1910
Ratifications exchanged at Santo Domingo August 2, 1910
Entered into force August 2, 1910
Proclaimed by the President of the United States August 26, 1910
n1 The U.S. amendment called for deletion of the phrase “, or by statute” at the end of para. 7(a) of art. II.
The text printed here is the amended text as proclaimed by the President.
[NO LONG TITLE IN ORIGINAL]
TEXT:
ARTICLE I
It is agreed that the Government of the United States and the Government of the Dominican Republic shall,
upon mutual requisition duly made as herein provided, deliver up to justice any person who may be charged
with, or may have been convicted of any of the crimes specified in article two of this Convention committed
within the jurisdiction of one of the Contracting Parties while said person was actually within such jurisdiction
when the crime was committed, and who shall seek an asylum or shall be found within the territories of the
other, provided that [*2] such surrender shall take place only 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
apprehension and commitment for trial if the crime or offence had been there committed.
ARTICLE II
Persons shall be delivered up according to the provisions of this Convention, who shall have been charged with
or convicted of any of the following crimes:
1. Murder, comprehending the crimes designated by the terms of parricide, assassination, manslaughter, when
voluntary, poisoning or infanticide.
2. The attempt to commit murder.
3. Rape, abortion, carnal knowledge of children under the age of twelve years.
4. Bigamy.
5. Arson.
6. Willful and unlawful destruction or obstruction of railroads, which endangers human life.
7. Crimes committed at sea:
(a) Piracy, as commonly known and defined by the laws of Nations n2;
– – – – – – – – – – – – – – – – – -Footnotes- – – – – – – – – – – – – – – – – –
n2 For an amendment of art. II, para. 7(a), see footnote 1, p. 200.
– – – – – – – – – – – – – – – – -End Footnotes- – – – – – – – – – – – – – – – –
(b) Wrongfully sinking or destroying a vessel at sea or [*3] attempting to do so;
(c) Mutiny or conspiracy by two or more members of the crew or other persons on board of a vessel on the
high seas, for the purpose of rebelling against the authority of the Captain or Commander of such vessel, or by
fraud or violence taking possession of such vessel;
(d) Assault on board ships upon the high seas with intent to do bodily harm.
8. Burglary, defined to be the act of breaking into and entering the house of another in the night time with
intent to commit a felony therein;
9. The act of breaking into and entering into the offices of the Government and public authorities, or the
offices of banks, banking houses, saving banks, trust companies, insurance companies, or other buildings not
dwellings with intent to commit a felony therein.
10. Robbery, defined to be the act of feloniously and forcibly taking from the person of another, goods or
money by violence or by putting him in fear.
11. Forgery or the utterance of forged papers.
12. The forgery or falsification of the official acts of the Government or public authority, including Courts of
Justice, or the uttering or fraudulent use of any of the same.
13. The fabrication of counterfeit money, whether [*4] coin or paper, counterfeit titles or coupons of public
debt, created by National, State, Provincial, Territorial, Local or Municipal Governments, bank notes or other
instruments of public credit, counterfeit seals, stamps, dies and marks of State or public administrations, and
the utterance, circulation or fraudulent use of the above mentioned objects.
14. Embezzlement or criminal malversation committed within the jurisdiction of one or the other party by public
officers or depositaries, where the amount embezzled exceeds two hundred dollars.
15. Embezzlement by any person or persons hired, salaried or employed, to the detriment of their employers or
principals, when the crime or offence is punishable by imprisonment or other corporal punishment by the laws
of both countries, and where the amount embezzled exceeds two hundred dollars.
16. Kidnapping of minors or adults, defined to be the abduction or detention of a person or persons, in order to
exact money from them or their families, or for any other unlawful end.
17. Larceny, defined to be the theft of effects, personal property, or money of the value of twenty-five
dollars or more.
18. Obtaining money, valuable securities or other [*5] property by false pretenses or receiving any money,
valuable securities or other property knowing the same to have been unlawfully obtained, where the amount of
money or the value of the property so obtained or received exceeds two hundred dollars.
19. Perjury or subornation of perjury.
20. Fraud or breach of trust by a bailee, banker, agent, factor, trustee, executor, administrator, guardian,
director or officer of any Company or Corporation, or by any one in any fiduciary position, where the amount
of money or the value of the property misappropriated exceeds two hundred dollars.
21. Crimes and offences against the laws of both countries for the suppression of slavery and slave trading.
22. The extradition is also to take place for participation in any of the aforesaid crimes as an accessory
before or after the fact, provided such participation be punishable by imprisonment by the laws of both
Contracting Parties.
ARTICLE III
The provisions of this Convention shall not import claim of extradition for any crime or offence of a political
character, nor for acts connected with such crimes or offences; and no persons surrendered by or to either of
the Contracting Parties in virtue of [*6] this Convention shall be tried or punished for a political crime or
offence. When the offence charged comprises the act either of murder or assassination or of poisoning, either
consummated or attempted, the fact that the offence was committed or attempted against the life of the
Sovereign or Head of a foreign State or against the life of any member of his family, shall not be deemed
sufficient to sustain that such a crime or offence was of a political character, or was an act connected with
crimes or offences of a political character.
ARTICLE IV
No person shall be tried for any crime or offence other than that for which he was surrendered.
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 [*7]
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 convention, neither of the Contracting Parties shall be bound to deliver up its
own citizens or subjects.
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 [*8] party with regard to the articles
aforesaid, shall be duly respected.
ARTICLE XI
The stipulations of this Convention 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,
or where extradition is sought from territory included in the preceding paragraph, other than the United
States or the Dominican Republic, 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 [*9] 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.
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
magistrate to the end that the evidence of his or her guilt may be heard and examined as herein before
provided, it shall appear that the mandate or preliminary [*10] warrant of arrest has been issued in
pursuance of a request or declaration received by telegraph from the Government asking for the extradition,
it shall be competent for the judge or magistrate at his discretion 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 whatever for
compensation for any of the services so rendered shall be made [*11] 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
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 Treaty shall be exchanged at the City of Santo Domingo 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 Santo Domingo, this nineteenth day of June, one thousand nine hundred and
nine.
SIGNATORIES:
FENTON R. McCREERY [*12]
[SEAL]
E. TEJERA BONETTI
[SEAL]