File No. 211.32/7.

The Ambassador of Brazil to the Secretary of State.


Mr. Secretary of State: Law No. 2416, of June 28, 1911, of Brazil, besides regulating the extradition of criminals, lays down (articles 13 and 141) the rules required for the prosecution and trial of nationals, and, in part, of aliens when they commit abroad any of the crimes mentioned in the aforesaid law.

The crimes of counterfeiting money, securities and credit paper of the Federal Government, States and Banks are included among those that come under the jurisdiction of the Federal courts (paragraphs c and d of article 13).

While Brazilian criminals, when absent from the territory of the Nation, may be prosecuted until sentenced (Article 13) foreign criminals can only be prosecuted and tried when they come to Brazil, freely or under duress.

In consequence of this—and of the impunity enjoyed by counterfeiters of Brazilian money, securities and credit paper who are out of Brazil, if because the case affects foreign money, the local law should be incompetent to prosecute and try:

1. when they never return or come to Brazil;

2. when the Government of the country where the offense was committed refuses to surrender its nationals, the offender being one of these;

3. when in the absence of a treaty, the offender cannot be surrendered—

my Government desires that this judicial situation between us be made known to your excellency and that you inform me whether there are in the general legislation or any special law of the Central States provisions for the prosecution and trial of counterfeiters of [Page 38] foreign money and credit papers, including seals and adhesive stamps. And even should such provisions exist, my Government wishes to know whether the Government of the United States would be disposed to enter with us into a special agreement, regulating the prosecution and trial of such counterfeiters, when not subject to extradition, so as to avoid obstacles to the action of practice in the two countries, to the detriment of international judicial assistance.

I avail [etc.]

D. da Gama.
  1. See p. 2728.