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  4. Document 16

Treaty Series No. 737

Treaty Between the United States of America and the Republic of Cuba, Signed at Habana, January 14, 1926 22

The United States of America and the Republic of Cuba, being desirous of enlarging the list of crimes on account of which extradition may be granted with regard to criminal acts committed in the United States of America or in the Republic of Cuba under the Treaty concluded between both nations for the extradition of fugitives from justice, signed April 6, 1904,22a and the Protocol amending the Spanish text of said Treaty, signed on December 6, 1904,23 with a view to the better administration of justice and the prevention of crime, have resolved to conclude the present Additional Treaty and have appointed for this purpose as their respective Plenipotentiaries:

  • The President of the United States of America: Mister Enoch H. Crowder, Ambassador Extraordinary and Plenipotentiary of the United States of America in Cuba; and
  • The President of the Republic of Cuba: Señor Carlos Manuel de Céspedes y de Quesada, Secretary of State of the Republic of Cuba,

Who, after having communicated to each other their respective full powers, which were found to be in good and proper form, have agreed to the following articles:

Article I

Number 10 of the list of crimes contained in Article II of the Extradition Treaty concluded between the Republic of Cuba and the United States of America is increased by the addition of the crime of immoral abuses made criminal by the laws of both countries, said number being drafted to read as follows:

10. Rape; bigamy; immoral abuses when made criminal by the laws of both countries.

[Page 36]

Article II

The following punishable acts are hereby added to the aforementioned list of crimes:

18.
Abortion.
19.
Seduction and corruption of minors if made criminal by the laws of both countries.
20.
Crimes against bankruptcy and suspension of payment laws if made criminal by the laws of both countries.
21.
Crimes against the laws for the suppression of the traffic in narcotic products.
22.
Infractions of the customs laws or ordinances which may constitute crimes.

Article III

The present Treaty shall be considered as an integral part of the aforementioned Extradition Treaty signed April 6, 1904, which shall be read as if the list of crimes therein contained had originally comprised the additional crimes added to it under the numbers which appear in articles I and II of this Treaty.

Article IV

This Treaty shall be ratified by the High Contracting Parties in accordance with their respective laws, ratifications to be exchanged in the City of Havana, as soon as it may be possible and it shall take effect from the date of the exchange of ratifications and shall remain in force for a period of six months after either of the High Contracting Parties shall have given notice of a desire to terminate it to the other Party.

In Witness Whereof, the Plenipotentiaries above mentioned have signed the two originals of the present Treaty and have affixed their respective seals thereto.

Done in two copies of the same text and legal force in the English and Spanish languages in the City of Havana, on this fourteenth day of January, nineteen hundred and twenty-six.

[seal]
Enoch H. Crowder

[seal]
Carlos Manuel de Céspedes
  1. In English and Spanish; Spanish text not printed. Ratification advised by the Senate, Mar. 3, 1926; ratified by the President, Mar. 8, 1926; ratified by Cuba, June 17, 1926; ratifications exchanged at Habana, June 18, 1926; proclaimed by the President, June 19, 1926.↩
  2. Foreign Relations, 1905, p. 280.↩
  3. William M. Malloy (ed.), Treaties, Conventions, etc., Between the United States of America and Other Powers, 1776–1909 (Washington, Government Printing Office, 1910), vol. i, p. 371.↩