File No. 211.32/7.

The Secretary of State to the Ambassador of Brazil.

No. 36.]

Excellency: I have the honor to acknowledge the receipt of your note of the 31st of October by which you inform me that your Government desires that the judicial situation-between the two countries, as set forth by you, regarding the immunity from prosecution and trial enjoyed by counterfeiters of Brazilian money, securities and paper credit, who are out of Brazil, be made known to the Department and that you be advised whether there are in the general legislation or any special law of the United States provisions for the prosecution and trial of counterfeiters of foreign money and credit paper, including seals and adhesive stamps. You add that, even should such provisions exist, your Government wishes to know whether this Government would be disposed to enter with it into a special agreement regulating the prosecution and trial of such counterfeiters, when not subject to extradition.

In reply I beg to say that provision is made in the general laws of the United States for the prosecution and? punishment of any person who “within the United States or any place subject to the jurisdiction thereof, with intent to defraud,” counterfeits bonds, certificates, obligations or other securities of any foreign government, or any Treasury note, bill or promise to pay issued by such foreign government intended to circulate as money. A copy of the Revised Penal Code of the United States, approved March 4, 1909, is transmitted to you and your particular attention is invited to the provisions of sections 156 to 161 (chapter seven thereof). No treaty agreement would be required to secure the prosecution and trial of Brazilians or other foreigners violating the provisions of these laws.

As the territorial theory of crime obtains in the United States, it would not be practicable for this Government to enter into a treaty arrangement with the Brazilian Government providing for the prosecution of persons for committing in Brazil the crimes of counterfeiting Brazilian money, securities, etc.

Accept [etc.].

For the Secretary of State:
J. B. Moore.