Luxembourg supplementary

LUXEMBOURG – SUPPLEMENTARY

Supplementary extradition treaty between the United States of America and Luxemburg.

Signed at Luxemburg, April 24, 1935;
Ratification advised by the Senate, June 5, 1935;
Ratified by the President, June 18, 1935;
Ratified by Luxemburg, January 13, 1936;
Ratifications exchanged at Luxemburg, March 3, 1936;
Proclaimed, March 5, 1936.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

WHEREAS a Supplementary Extradition Convention between the United States of America and the Grand Duchy of Luxemburg was concluded and signed by their respective plenipotentiaries at Luxemburg on the twenty-fourth day of April, one thousand nine hundred and thirty-five, the original of which Convention, in the English and French languages, is word for word as follows:

The President of the United States of America and Her Royal Highness The Grand Duchess of Luxemburg

being desirous of enlarging the list of crimes on account of which extradition may be granted under the Convention concluded between the United States and the Grand Duchy of Luxemburg on October 29, 1883, with a view to the better administration of justice and prevention of crime within their respective territories and jurisdictions, have resolved to conclude a Supplementary Convention for this purpose and have appointed as their Plenipotentiaries, to wit:

The President of the United States,

the Honorable George Platt Waller, his Chargé d’Affaires ad interim near the Government of Her Royal Highness The Grand Duchess of Luxemburg; and

Her Royal Highness The Grand Duchess of Luxemburg,

His Excellency the President of Her Government Mr. Joseph Bech, Minister of State, Minister of Foreign Affairs, etc., etc., etc.,

Who, after having communicated to each other their respective full powers, which were found to be in due and proper form, have agreed to and concluded the following articles:

ARTICLE I.

The following crimes are added to the list of crimes numbered 1 to 12 in Article II of the said Convention of October 29, 1883, on account of which extradition may be granted, that is to say:

  1. 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 anyone in a fiduciary position, where the amount of money or the value of the property misappropriated exceeds two hundred dollars or Luxemburg equivalent.
  2. Crimes or offenses against the bankruptcy laws.
  3. Kidnaping of minors or adults, defined to be the abduction or detention of a person or persons, in order to exact money from them, their families or any other person or persons, or for any unlawful end.
  4. Larceny, defined to be the theft of effects, personal property, or money, of the value of twenty-five dollars or more, or Luxemburg equivalent.
  5. Obtaining money, valuable securities, or other property by false pretenses, where the amount of money or the value of the property so obtained exceeds two hundred dollars or Luxemburg equivalent.
  6. Perjury.
  7. Bribery.
  8. Wilful desertion or wilful non-support of minor or dependent children, or of other dependent persons.
  9. Crimes or offenses against the laws for the suppression of the traffic in narcotics.
  10. Crimes or offenses against the laws for the suppression of the traffic in women and children, otherwise known as the White Slave Traffic.

ARTICLE II.

The present Convention shall be considered as an integral part of the said Extradition Convention of October 29, 1883, and Article II of the last mentioned Convention shall be read as if the list of crimes therein contained had originally comprised the additional crimes specified and numbered 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22, in the first Article of the present Convention.

The present Convention shall be ratified by the High Contracting Parties in accordance with their respective constitutional methods, and shall take effect on the date of the exchange of ratifications which shall take place at Luxemburg as soon as possible.

In witness whereof the above mentioned plenipotentiaries have signed the present Convention both in the English and French languages and have hereunto affixed their seals.

Done, in duplicate, at Luxemburg, this twenty-fourth day of April in the year of our Lord one thousand nine hundred and thirty-five.

GEORGE PLATT WALLER

[SEAL]

BECH

[SEAL]

AND WHEREAS the said Supplementary Extradition Convention has been duly ratified on both parts and the ratifications of the two Governments were exchanged at Luxemburg on the third day of March, one thousand nine hundred and thirty-six, on which day the Convention went into effect;

NOW, THEREFORE, be it known that I, Franklin D. Roosevelt, President of the United States of America, have caused the said Supplementary Extradition Convention to be made public to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States of America and the citizens thereof.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the city of Washington this fifth day of March, in the year of our Lord one thousand nine hundred and thirty-six, and of the Independence of the United States of America the one hundred and sixtieth.

FRANKLIN D ROOSEVELT

[SEAL]

CORDELL HULL

Secretary of State

. 49 Stat 3355, 1936 WL 32927 (U.S. Treaty)