116. Telegram 168880 From the Department of State to the Embassy in Costa Rica1

168880. Subject: Extradition Negotiations. Ref: San Jose 2789.

1. Summary: Department believes it would be desirable to negotiate a new, comprehensive extradition treaty without terminating the [Page 360] present one. Authorization will be sought to submit text for consideration by Costa Rica.

2. After consideration here, we conclude that Embassy should inform Facio that we also believe it would be a good idea to negotiate a new extradition treaty. We believe that giving notice of termination of present treaty would be undesirable because there could be a gap between its termination and the entry into force of the new treaty which would leave us without authority to extradite to Costa Rica and because such actions usually not conducive to negotiations.

3. We will prepare text of treaty containing language to deal with problems encountered in Costa Rica as well as other provisions to facilitate extradition. These were discussed generally with Ambassador during his visit here.

4. As soon as text prepared, we will seek circular 175 procedure authorization to formally open negotiations through presentation of text to Costa Rica for consideration and comment.

  1. Summary: The Department responded favorably to a Costa Rican suggestion to negotiate a new extradition treaty in light of the existing agreement’s shortcomings, highlighted by the Vesco case.

    Source: National Archives, RG 59, Central Foreign Policy File, [no film number]. Limited Official Use. Drafted by Malmborg, cleared by Lazar and in the Department of Justice, and approved by Feldman. In telegram 2789 from San José, August 4, the Embassy reported a suggestion by Facio that the 1922 extradition treaty be renegotiated and modernized. (Ibid.) In telegram 2790 from San José, August 4, the Embassy reported on a conversation in which Vaky told Facio that the United States still considered Vesco a fugitive and that his association with Costa Rica was hurting the country’s image. (Ibid., P750008–2322) In telegram 158767 to San José, August 10, the Department informed the Embassy of a congressional initiative that would reduce or terminate assistance to countries that rejected U.S. extradition requests without valid legal grounds for doing so. (Ibid., [no film number])