File No. 211.32/3.

The Ambassador of Brazil to the Secretary of State.


Mr. Secretary of State: According to instructions which I have received from my Government, I have the honor to inform your excellency that article 12 of Law No. 2416, of June 24,1 1911, governing the extradition of citizens and foreigners tried for crimes committed outside of Brazil, provides that all extradition treaties concluded by Brazil with the various countries shall be terminated.

The new law, recently promulgated, is much more ample than any of the treaties in force, and under it the rule for reciprocity exists only in case of the surrender of citizens. The procedure now established in Brazil in connection with an application for extradition has also undergone a simplification. These applications will always be made through diplomatic channels, and in the way of documents serving as evidence of the crime, the only thing required will be a copy of authentic transcript of the convicting sentence or of the sentence or order in the criminal proceedings issued by the competent judge. The following points must be clearly stated: the crime committed, the place and date of commission, and a citation of the text of the criminal law applicable to the case in the country requesting the surrender of the criminal. It shall be the duty of the Supreme Federal Court to examine the documents presented and to decide as to the admissibility of the application.

The Brazilian Government, in view of the liberal provisions of this new law would appreciate it if, waiving the clause of article 13 [Page 29] (For. Rel. 1903, page 32) of the extradition treaty concluded by Brazil and the United States on May 14, 1897, in which it is stipulated that said treaty “… shall continue in force until six months after one of the contracting parties shall have notified the other of its intention to terminate it “, the American Government would consider the said treaty as having ceased to exist for all intents and purposes from the date of the receipt of the present note.

I avail [etc.]

D. da Gama.
  1. Should be June 28.