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United States Department of State / Foreign relations of the United States diplomatic papers, 1937. The British Commonwealth, Europe, Near East and Africa

Egypt,   pp. 615-678 PDF (24.1 MB)

Page 678

  It appears from Mr. Allen's memorandum of this interview that a
statement in writing will be forthcoming at a later date regarding the
views of the Egyptian Government upon the draft of such a treaty
which was submitted by the United States." In the meanwhile, for
the information of the Legation and as bearing upon points raised
in the interview, the Department advises you that all of the extradi-
tion treaties negotiated by the United States, whether or not of a recent
date, contain a list of extraditable offenses. For the sake of definite-
ness and since the penal provisions in force in different countries
often provide penalties of a character which vary from country to
country, this Government would not desire to enter into a treaty
of extradition which merely provided that there should be surrender
for offenses the penalty for the commission of which would be a
certain term of imprisonment.
  So far as concerns the exemption contained in the American draft
from the non-liability to surrender in the case of political offenses, it
may be observed that such provision is in accord with the usual provi-
sion contained in treaties of the United States. However, the Depart-
ment would give careful consideration to any provision on this point
which might be suggested by the Egyptian Government.
  The Department would have no serious objection to compliance with
the apparent desire of the Egyptian Government that it be provided
in the treaty that there should be no obligation to extradite after the
statute of limitations in regard to the particular offense had run in the
requested country.
  Mr. Allen was correct in his suggestion that the term "commitment"
contained in Article 7 of the American draft does not refer to the
commitment of the crime, but to the commitment of the prisoner by
the extradition magistrate to the custody of a marshal or jailer fol-
lowing the provisional arrest of the fugitive.
  Very truly yours,                    For the Secretary of State:
                                                R. WALTON MOORE
 * No record of a reply by the Egyptian Government has been found in Depart-
ment files. Apparently the project was dropped.

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