211.18/15
The Secretary of State to the Chargé in Costa Rica ( Thurston )
Sir: The Department has received your despatch No. 230 of October 27, 1921, enumerating certain changes in the extradition treaty which have been proposed by the Government of Costa Rica, and your despatch No. 231, of October 29, 1921, in which you state that the Minister of Foreign Affairs has withdrawn one amendment proposed by the Government and has asked that the other proposed alterations of text be submitted to the Department.
By comparing the English draft of treaty, enclosure No. 5 of your despatch No. 230, with the draft treaty enclosed,9 you will note that the Department has accepted with modification the suggested alteration in Section 1 of Article II. It was deemed advisable to delete the final phrase “and frustrated crime” in the suggested alteration. Since Section 1, Article II as amended embraces the attempt to commit the crimes therein enumerated, Section 2, Article II has been omitted.
It is deemed necessary in the interest of efficient administration of justice to include sections 3, 4, and 19 in Article II.
It is presumed that extradition would not be requested, for the crime specified in Section 5 Article II, if the offense were not punishable by imprisonment. The proposed modification of this section, therefore, is undesirable.
The suggested modification of Section 11, if accepted, would limit the crime in amount and character. There are cases where the monetary loss involved would be difficult, if not impossible, to ascertain. [Page 985] The Department, therefore, deems it impracticable to accept this suggested modification.
The Department is of the opinion that the claims against property, enumerated in Sections 14, 15, 17, 18 and 20 of Article II, are now of sufficient gravity to justify extradition for their commission, and the suggested increases in the amounts involved, therefore, are not acceptable.
The amounts [amendments] suggested in Articles III and VIII are accepted.
The amendment suggested in the first paragraph of Article XI is accepted, as are the suggested omissions in lines 10 and 12 of Paragraph 2.
The amendment suggested in Article XIV is accepted.
The enclosed draft of treaty embracing the above amendments is acceptable to the Department, and if it meets with the approval of the Government of Costa Rica, you are instructed to conclude the formal treaty. Full powers for this purpose are enclosed.10
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