TRADEMARKS Agreement signed at Rio de Janeiro September 24, 1878 21 Stat. 659; Treaty Series 36 AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND BRAZIL FOR THE PROTECTION OF THE MARKS OF MANUFACTURE AND TRADE The Government of the United States of America and the Government of His Majesty the Emperor of Brazil, with a view to the reciprocal protection of the marks of manufacture and trade in the two countries, have agreed as follows: The citizens or subjects of the two High Contracting Parties shall have in the dominions and possessions of the other, the same rights as belong to native citizens or subjects, in everything relating to property in marks of manufacture and trade. It is understood that any person who desires to obtain the aforesaid protection must fulfill the formalities required by the laws of the respective countries. In witness whereof the undersigned duly authorised to this end, have signed the present agreement and have affixed thereto the seals of their arms. Done in duplicate at Rio de Janeiro the twenty-fourth day of the month of September, one thousand eight hundred and seventyeight. EXTRADITION Treaty signed at Rio de Janeiro May 14, 1897, as amended by protocols of May 28, 1898, and May 29, 19011 Senate advice and consent to ratification, with amendments, February 28, 1899 1 Ratified by the President of the United States, with amendments, February 13, 1903 1 1 Ratified by Brazil April 14, 1903 Ratifications exchanged at Rio de Janeiro April 18, 1903 Proclaimed by the President of the United States April 30, 1903 Terminated July 23, 1913 2 33 Stat. 2091; Treaty Series 423 TREATY OF EXTRADITION BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED STATES OF BRAZIL The United States of America and the United States of Brazil, desiring to strengthen their friendly relations and to facilitate the administration of jus 1 The text printed here incorporates the amendments set forth in the protocols of May 28, 1898, and May 29, 1901. By the 1898 protocol the two Governments agreed to the following modifications: ARTICLE II, No. 13: To add in the English text after "broker" the word "manager", corresponding in the Portuguese text to the term "administrador". ARTICLE III, § 2: To substitute in the English text for the word "definite" the word "final". ARTICLE IV: To change the wording of the first paragraph of the Portuguese text to read as follows: O indi viduo entregue não poderá ser processado nem punido no paiz que tiver obtido a extradição nem entregue a terceiro paiz por crime ou infracção não prevista no presente tratado nem por crime ou infracção anterior á extradição, etc., etc. To substitute in the second paragraph of the English text the expression "may demand" for "shall be able to demand". ARTICLE IX: Substitute for the wording of the English text the following: "All articles found in the possession of the person accused, whether obtained through the commission of the act with which such person is charged, or whether they may be used etc., etc." By the 1901 protocol, Brazil accepted the amendments contained in the Senate's resolution of advice and consent and maintained in the President's ratification, which read as follows: "In Article IV, first paragraph, after 'extradition,' in the phrase 'previous to extradition,' insert other than the crime or offence for which he was extradited. "In the same article and same paragraph, after 'country,' where it occurs in the phrase 'leave the country,' insert which has obtained the requisition. "In the same article and at the end of the same paragraph, after 'trial,' insert therein. "In the same article, second paragraph, after 'extradition,' in the phrase 'previous to extradition' insert other than the offence or crime for which he was extradited." 2 Pursuant to notice of termination given by Brazil Jan. 23, 1913. tice by the repression of crimes and offences committed in their respective territories and jurisdictions, have agreed to celebrate a treaty of extradition and have nominated for that purpose the following plenipotentiaries: The President of the United States of America, Mr. Thomas L. Thompson, Envoy Extraordinary and Minister Plenipotentiary near the Government of the United States of Brazil; and the President of the United States of Brazil, General Dionisio Evangelista de Castro Cerqueira, Minister of State for Foreign Relations; who having made known their respective full powers, which have been found in good form, agree upon the following articles: ARTICLE I The Government of the United States of America and the Government of the United States of Brazil mutually agree to deliver up the persons who, having been charged or convicted, as the authors of or accomplices in any of the crimes enumerated in the following article, committed in the jurisdiction of one of the contracting parties, seeks an asylum or be found within the territories of the other; provided, this shall only take place after such evidence of criminality as, according to the laws of the place where the person or fugitive so charged shall be found, would justify his or her apprehension and commitment for trial, if the crime had there been committed. ARTICLE II Extradition shall be granted for the following crimes and offences: 1. Voluntary homicide, when such act is punishable in the United States of America, comprehending the crimes of poisoning and infanticide; murder; manslaughter. 3. Rape and other offences against chastity committed with violence. 5. Abduction, willfully and wrongfully depriving any person of natural liberty. 6. Kidnapping or child stealing. 7. Arson. 8. Piracy, by statute or by the law of nations when the state in which the offender is found has no jurisdiction; revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas, against the authority of the master; to willfully and wrongfully cause shipwreck; to wrongfully and willfully collide with a vessel; to wrongfully and willfuly scuttle a vessel for the purpose of sinking it; to wrongfully and willfully destroy a vessel on the high seas. 9. Wrongful and willful destruction or obstruction of railroads which endangers human life. 10. Counterfeiting, falsifying or altering money of any kind, or of legally authorized bank notes which circulate as money; to utter or to give circulation to any such counterfeited, falsified or altered money; the falsification of instruments of debt created by national, state or municipal governments, or of the coupons thereof; counterfeiting, falsifying or altering seals of the federal or state governments; to knowingly use any such instruments or papers. 11. Forgery, the utterance of forged papers; forgery or falsification of official acts of government, of public authorities, or of courts of justice, of public or private instruments; the use or the utterance of the thing forged or falsified. 12. Perjury, or to bear false witness; to suborn or bribe a witness. 13. Fraud committed by a depositor, banker, agent, broker, manager, treasurer, director, member or employe of any company or corporation. 14. Embezzlement, consisting in the misappropriation or theft of public moneys, committed in the jurisdiction of one of the contracting parties, by a public officer or depositary. 15. Embezzlement, or theft of moneys, committed by persons salaried or employed, to the detriment of those who employ them. 16. Burglary, defined to be the act of entering during the night, by breaking or climbing, the dwelling-house of another, with intent to commit a felony; robbery, defined to be the act of feloniously and forcibly taking from another money or goods of any value, by violence, or putting in fear, and known in the Brazilian Penal Code as roubo. 17. Complicity in or attempts at the commission of any of the crimes specified in the preceding sections, provided that such complicity or attempt be punishable by the laws of the country from whence the extradition is demanded. ARTICLE III Extradition shall not be granted if the offence on which the surrender is demanded be of a political character, or if the fugitive prove that there is an intention to try or punish him for a political crime; nor if the circumstances on which extradition is demanded are connected with political crimes. The Government from which extradition is demanded will examine the circumstances, to ascertain whether the crime be of a political character, and its decision shall be final. The following shall not be considered political crimes when they are unconnected with political movements, and are such as constitute murder, or willful and illegal homicide, as provided for in section 1 of the preceding article: 1. An attempt against the life of the President of the United States of America, or against the life of the Governor of any of the States; an attempt against the life of the President of the United States of Brazil, or against the life of the President or Governor of any of the States thereof; 2. An attempt against the life of the Vice-President of the United States. of America, or against the life of the Lieutenant-Governor of any of the States; an attempt against the life of the Vice-President of the United States of Brazil, or against the life of the Vice President or Vice Governor of any of the States thereof. ARTICLE IV The person surrendered cannot be tried nor punished in the country which has obtained the extradition, nor be surrendered to a third country, for trial or punishment therein, for any crime or offence not mentioned in this treaty, nor for one committed previous to extradition, other than the crime. or offence for which he was extradited, unless such person has been in either case at liberty to leave the country which has obtained the extradition for a month subsequent to trial therein. Furthermore, such person shall not be tried nor punished for an offence or crime mentioned in this treaty committed previous to the extradition, other than the offence or crime for which he was extradited, without the consent of the Government which has surrendered such person, and the said Government may demand an exhibition of any of the documents mentioned in Article X of the present treaty. In like manner the consent of the said Government shall be solicited if the extradition of the offender is requested by a third Government; although this shall not be necessary when the offender voluntarily requests trial or consents to punishment; or if he fails to leave the territory of the country to which he has been surrendered within the period above fixed. ARTICLE V The contracting parties shall in no case be obliged to surrender their own citizens in virtue of the stipulations of the present treaty. ARTICLE VI If the person shall be in course of trial, or shall have been convicted of an offence other than that for which the surrender is demanded, extradition shall only take place after the trial shall have been concluded and the sentence fullfilled. ARTICLE VII When the person demanded by one of the contracting parties is also demanded by one or more powers on account of crimes and offences committed within their respective jurisdictions, extradition shall be conceded to the one whose request is first received, unless the Government to which the request is made has before agreed by treaty in case of the concurrence of |