ARTICLE XIV At the request either by mail or by telegraph, of the competent authority of the country making the requisition, and stating at the same time that the warrant of arrest is being remitted through diplomatic channels, a fugitive whose extradition may be demanded for any of the crimes included in Article II, may be provisionally arrested. The person so arrested shall be set at liberty if, within the term of three months from the date of his arrest, a diplomatic requisition for his extradition has not been sent in accordance with the form prescribed by Article XIII, unless the arrest should be justified for some other reason. ARTICLE XV If, in a criminal prosecution relating to one of the crimes mentioned in Article II, one of the two governments should deem it necessary to proceed to the examination of witnesses domiciled in the other state, or to undertake any other proceedings, letters rogatory of urgent character shall be issued to that effect through diplomatic channels, and the same shall be despatched in accordance with the laws of the country. The respective governments waive any claim for the reimbursement of the expenses resulting from the execution of the letters rogatory, unless for the services of criminal, commercial or medico-legal experts. There shall likewise be no claim for the expenses incurred in the execution of judicial acts done spontaneously by the magistrates of each country in the prosecution or comprobation of crimes committed within their territory by the foreigner who should afterwards be prosecuted and tried in his own country. ARTICLE XVI If the appearance of a witness in a criminal case relating to one of the crimes mentioned in Article II should be deemed necessary or convenient, the government of the country where such witness resides shall notify him to obey the summons issued to him, and, should he consent thereto, the government demanding his appearance shall reimburse him for all traveling and sojourning expenses from the moment of leaving his residence, said expenses to be calculated according to the tariffs in force where he must appear, unless the government issuing the summons should deem it its duty to grant to the witness a larger indemnity. ARTICLE XVII No person of whatever nationality who, being summoned as a witness in one of the two countries, should have appeared voluntarily before the tribunals of the other country, shall be prosecuted or arrested for crimes or offenses, or for civil, criminal or correctional sentences rendered prior to his departure from the country on whom the requisition is made, nor under any pretext of complicity in the acts which are the object of the prosecution in which he appears as a witness. ARTICLE XVIII It is formally agreed that the transit through the territory of one of the contracting parties of a person surrendered by a third Power to the other party, and who is not a citizen of the country through which he travels, shall be granted upon the simple presentation through diplomatic channels of the warrant of arrest or of the sentence, providing he shall not be accused of any political offense or of any acts connected with the same, or of any offenses purely military, and provided further that the act on which the extradition is based is one of those enumerated in Article II of the present convention. The transportation shall be made by the shortest and speediest route, and under the vigilance of the agents of the country on whom the requisition has been made, and at the expense of the government making such requisition. ARTICLE XIX The articles connected with an offense or crime found in the possession of the person claimed, or which might have been concealed and subsequently found, as well as the implements or instruments which have been used to commit the offense, and all other evidence which might tend to prove the commission of the crime, shall be surrendered together with the person claimed. The rights which a third party might have in the articles in question shall be reserved, and such articles shall be returned to them without expense at the conclusion of the trial. ARTICLE XX The expenses incurred in the territory of the state on whom the requisition is made, for the capture, arrest, custody and maintenance of the person claimed, and the transportation of the articles mentioned in Article XIX of the present convention, shall be on account of said state. ARTICLE XXI The documents submitted or communicated to the authorities of the other state, pursuant to the present convention, must always be accompanied by a Spanish translation in the case of the Argentine Republic, and a French translation in the case of the Swiss Confederation. ARTICLE XXII The present convention shall be in force twenty days after its promulgation, which must be made, simultaneously, within the shortest time possible in both countries. It shall remain in force in accordance with the provisions of their respective laws until six months after the date on which one of the two governments should have expressed its desire to terminate its effects. This convention shall be ratified and the ratifications exchanged in Buenos Aires within the shortest time possible. In witness whereof, the respective plenipotentiaries sign the present convention affixing their seals thereto. Done in duplicate originals in Buenos Aires, on the twenty-first day of November, 1906. L. S. (Signed) M. A. MONTES DE OCA. TREATY OF FRIENDSHIP AND COMMERCE BETWEEN THE REPUBLIC OF 1 BOLIVIA AND THE GERMAN EMPIRE Signed at La Paz July 22, 1908; ratifications exchanged March 15, 1910 His Majesty, the Emperor of Germany, King of Prussia, on behalf of the German Empire, and His Excellency, the President of the Republic of Bolivia, prompted by the desire of promoting and consolidating the relations of friendship and commerce between both countries, have 1 Reichs-Gesetzblatt, No. 14, March 19, 1910. agreed to conclude a treaty to this effect, having appointed for this purpose their plenipotentiaries as follows: His Majesty, the Emperor of Germany, King of Prussia: His Minister Resident to the Republic of Bolivia, present Counsellor of the Legation, von Haxthausen, His Excellency, the President of the Republic of Bolivia: His Excellency, the Minister of Foreign Affairs and Worship, Señor Doctor Don Claudio Pinilla, Who, after having communicated their respective full powers, found in good and due form, have agreed upon the following articles. ARTICLE I There shall be perpetual friendship between the German Empire on the one side and the Republic of Bolivia on the other, as well as between their respective citizens. ARTICLE II There shall be complete and reciprocal freedom of trade between the domains of the two high contracting parties. The citizens of each one of the parties shall have complete freedom to enter into all places of the territories of the other party, to which entry is generally allowed to the native citizens; they shall respectively enjoy the same rights, privileges, liberties, favors, immunities and exceptions in all matters pertaining to trade now enjoyed or to be in the future enjoyed by their native citizens in general, without being obliged to pay higher taxes or imposts than those paid by the latter. As regards individual protection, acquisition of property, and the exercise of industries, they shall enjoy the same rights as the most favored nation, being subject to the laws and regulations of the country wherein they reside. ARTICLE III In no case shall the import duties levied in Germany on the staple or industrial products of Bolivia, or those levied in Bolivia on staple or industrial products of Germany, be different from or higher than those to which the same products of the most favored nation are subjected. The same system shall be observed as to the export and transit of goods. None of the prohibitions or restrictions regarding the importation or exportation of any article shall be applied to the reciprocal trade if they are not extended to all the other nations found in the same condition; nor shall the customs formalities required in regard to merchandise imported or exported from one of the two countries be other than those applied to other nations. The facilities which one of the contracting parties has granted or might grant to adjoining states in order to favor the boundary traffic, cannot, nor shall be, claimed by right by the other party while the said facilities are not extended to other non-adjacent states. ARTICLE IV The Republic of Bolivia recognizes the right of the merchant vessels of the German Empire to freely navigate with its own flag the rivers in Bolivian territory. By virtue whereof the merchant vessels of the German Empire shall have the same rights and privileges as those which have been granted or might be granted to the most favored nation. ARTICLE V The high contracting parties reserve the right to conclude a special convention regarding the rights and privileges of their respective consular officials. Pending the conclusion of such convention, they have agreed to grant to each other the rights, liberties and privileges which may have been granted or might be granted to the most favored nation. ARTICLE VI The two high contracting parties, prompted by the desire to eliminate whatever difficulties might arise regarding nationality, declare that the following shall be considered as Germans in Bolivia and as Bolivians in Germany: The Germans who settle in Bolivia and the Bolivians who settle in Germany, and who have preserved their nationality in accordance with the laws of their country. Those born of German parents in Bolivia, and those born of Bolivian parents in Germany, who, on arriving at the age of twenty-one years have their domicile in the two countries, shall have the right to choose, within the year following, the one or the other nationality, and shall enjoy from that moment all privileges granted by this treaty to the citizens of the nationality which they may have elected. |