[Enclosure]
The Secretary of
State to the Secretary General of the League of
Nations (
Drummond
)
The Secretary of State of the United States of America refers to the
note of the Secretary General of the League of Nations, dated
October 8, 1928, in which he requested this Government’s
observations on the proposals contained in the report of the Mixed
Committee for the Suppression of Counterfeiting Currency.
[Page 400]
In reply, the Secretary of State desires to submit the following
comments on the provisions of the Draft Convention:
Article I.
The Government of the United States suggests that the agreement for
the adoption of necessary measures embodied in Paragraph 1, be
modified so as to provide that the contracting parties agree
themselves to take or propose to their respective law making bodies
the necessary measures in question.
With this exception, Paragraphs 1 to 5, inclusive, appear to impose
no requirements that are not covered by the laws of the United
States at present in force.
Paragraph 6. The penalties provided in the Federal Statutes of the
United States relating to the counterfeiting of foreign obligations
and securities are not as severe as those imposed by laws denouncing
the counterfeiting of United States obligations and securities. An
effort might be made to remedy this by amending the statutes to
equalize these penalties.
Paragraph 7. Confiscation of counterfeit money and material and
apparatus fitted or intended for counterfeiting purposes is provided
for in the Federal Statutes, and the surrender of such property in
case of the counterfeiting of foreign moneys to the interested
government can be accomplished by direction of the Secretary of the
Treasury.
Paragraph 8. The Federal Statutes do not allow participation of civil
parties in criminal proceedings.
Paragraph 9. The American Government perceives no objection to this
paragraph.
Paragraph 10. The American Government approves of the provisions of
this paragraph, but desires to point out that, inasmuch as it
recognizes the general rule of extraditing its nationals for
offenses committed in a foreign country, subject to the provisions
of existing treaties, paragraph 10 is not applicable to the United
States.
Paragraph 11. This paragraph is not applicable to the American
Government, since the internal legislation of the United States does
not recognize the principle of the prosecution of offenses committed
abroad. The American Government perceives no objections to the
provisions of this paragraph.
Paragraph 12. A central bureau in the United States charged with the
suppression of counterfeiting, the Secret Service Division of the
Treasury Department, has been in existence since 1864, and is in
close touch with the institution issuing currency and with the
police authorities throughout the country. It is believed that it
will be entirely practicable for the Secret Service Division of the
Treasury [Page 401] Department to
effect contact with the central bureaus abroad with good
results.
Paragraph 13. It is believed that direct communication between these
central bureaus will facilitate their activities and add materially
to their effectiveness.
Paragraph 14. The provisions of this paragraph calling for specimens
of the currency issues of the United States cannot be complied with
without violating the policy of the Treasury as established for a
long period of time. It is not believed that this policy should be
changed and it is suggested that the same results can be
accomplished if the foreign governments obtain United States
currency in exchange for legal tender, which exchange can be made
direct with the Treasury so that the currency obtained will be known
to be genuine.
Paragraph 15. Periodical conferences attended by representatives from
the contracting governments might prove advantageous.
Paragraph 16. The Government of the United States would desire
further information as to the exact scope and effect of “letters of
request,” but may observe that mere correspondence relating to
counterfeiting operations and their suppression should be conducted
directly between these central bureaus and confirmed by copies
despatched through customary diplomatic channels.
Article II
The American Government is of the opinion that the offenses referred
to should be recognized as extraditable offenses, and, subject to
the limitations contained in existing treaties or conventions,
favors the principle stated. However, it would much prefer that the
offenses in question should be specifically set forth in this
Article.
In view of the provisions of Paragraph 10, Article I, and of the
foregoing comment thereon, the Government of the United States would
desire an addition to Article II providing that the contracting
parties shall not be obligated to surrender their own citizens.
Moreover, since the extradition laws of the United States are not
very comprehensive and do not cover several matters which are
ordinarily dealt with in the extradition treaties of the United
States, the American Government considers that future embarrassment
to it might be obviated by providing in the convention under
consideration for such matters: as for instance, a prohibition of
the trial of the extradited person for another offense until he has
had a reasonable opportunity to leave the country following his
trial or punishment on the charge for which he was surrendered; the
effect upon the obligation to surrender of the running of the
Statute of Limitations and of the current prosecution or conviction
of the fugitive upon an offense committed in the territory of the
surrendering government; [Page 402]
the rule which shall govern in case surrender is requested by two or
more powers; the limit of time a fugitive shall be held after
commitment or arrest and awaiting the production of the formal
documents, and, finally, the nature of the evidence which it is
essential to produce.
The Government of the United States does not object to the provisions
of the remaining articles of the draft convention.
With reference to the recommendations numbered 1 to 8, inclusive, on
page 24 of the printed report, this Government has no comments to
submit at this time. However, the Government of the United States
reserves the right to make such further comments as it may later
deem advisable.
Washington
, March 22, 1929.
