By the President of the United States of America.
A PROCLAMATION.
Whereas a Naturalization Convention between the United States of America and the Republic of Peru was concluded and signed by their respective Plenipotentiaries at Lima on the fifteenth day of October, one thousand nine hundred and seven, the original of which Convention being in the English and Spanish languages is word for word as follows:
The United States of America and the Republic of Peru, desiring to regulate the citizenship of those persons who emigrate from the United States of America to Peru, and from Peru to the United States of America, have resolved to conclude a convention on this subject and for that purpose have appointed their Plenipotentiaries that is to say:
The President of the United States of America, Leslie Combs, Envoy Extraordinary and Minister Plenipotentiary of the United States at Lima; and
The President of Peru Señor don Solón Polo, Minister for Foreign Relations of Peru, who have agreed to and signed the following articles.
Article I.
Citizens of the United States who may be or shall have been naturalized in Peru upon their own application or by their own consent, will be considered by the United States as citizens of the Republic of Peru. Reciprocally, Peruvians who may or shall have been naturalized in the United States upon their own application or with their consent, will be considered by the Republic of Peru as citizens of the United States.
Article II.
If a Peruvian, naturalized in the United States of America, renews his residence in Peru without intent to return to the United States, he may be held to have renounced his naturalization in the United States. Reciprocally if a citizen of the United States naturalized in Peru renews his residence in the United States without intent to return to Peru, he may be presumed to have renounced his naturalization in Peru.
The intent not to return may be held to exist when the person naturalized in the one country resides more than two years in the other country, but this presumption may be destroyed by evidence to the contrary.
[Page 501]Article III.
It is mutually agreed that the definition of the word “citizen” as used in this convention shall be held to mean a person to whom nationality of the United States or of Peru attaches.
Article IV.
A recognized citizen of the one party returning to the territory of the other remains liable to trial and legal punishment for any action punishable by the laws of his original country and committed before his emigration; but not for the emigration itself, saving always the limitation established by the laws of his original country and any other remission of liability to punishment.
Article V.
The declaration of intention to become a citizen of the one or the other country has not for either party the effect of naturalization.
Article VI.
The present convention shall go into effect immediately on the exchange of ratifications, and in the event of either party giving the other notice of its intention to terminate the convention it shall continue to be in effect one year more to count from the date of such notice.
The present convention shall be submitted to the approval and ratification of the respective appropriate authorities of each of the contracting parties, and the ratifications shall be exchanged at Lima within twenty-four months of the date thereof.
In witness whereof, the respective Plenipotentiaries have signed the above articles both in the English and Spanish languages, and have hereunto affixed their seals.
Done in duplicate at the city of Lima this fifteenth day of October one thousand nine hundred and seven.
Leslie Combs
American Minister in Perú [seal.]
Solón Polo [seal.]
And whereas the said Convention has been duly ratified on both ports, and the ratifications of the two governments were exchanged in the City of Lima, on the twenty-third day of July, one thousand nine hundred and nine;
Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said 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 and the citizens thereof.
In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
[seal.]
By the President:
Alvey A.
Adee,
Acting Secretary of
State.