of Extradition concluded between the United States of America and the Republic of Ecuador on June 28, 1872; that is to say: 7th. Embezzlement by a person hired or salaried, to the detriment of his employer, where the amount of money or the value of the property embezzled exceeds two hundred dollars, or Ecuadorean equivalent. 8th. Perjury or the subornation of perjury. 9th. Malicious destruction, or attempted destruction of railways, bridges, vessels, dwellings, public edifices, or other buildings, when the act endangers human life. 10th. Abortion. 11th. Abduction or detention of women or girls for immoral purposes. 12th. Bigamy. 13th. Kidnaping of minors or adults, defined to be the abduction or detention of a person or persons, in order to exact money from them, their families or any other person or persons, or for any other unlawful end. 14th. Larceny, defined to be the fraudulent taking of effects, personal property, or money, of the value of twenty-five dollars or more, or Ecuadorean equivalent. 15th. Obtaining money, valuable securities or other property by false pretenses, or receiving any money, valuable securities or other property knowing the same to have been unlawfully obtained, where the amount of money or the value of the property so obtained or received exceeds two hundred dollars, or Ecuadorean equivalent. 16th. Fraud or breach of trust by a bailee, banker, agent, factor, trustee, executor, administrator, guardian, director or officer of any company or corporation, or by anyone in any fiduciary position, where the amount of money or the value of the property misappropriated exceeds two hundred dollars, or Ecuadorean equivalent. 17th. Bribery. 18th. Crimes against the bankruptcy laws. 19th. Crimes against the laws for the suppression of the traffic in narcotics. 20th. Wilful desertion or wilful non-support of minor or dependent children, or of other dependent persons, provided that the crime is punishable by the laws of both countries. 21st. Extradition shall also take place for participation in any of the crimes before referred to as an accessory before or after the fact or in any attempt to commit any of the aforesaid crimes. The extradition for the crimes or misdemeanors specified in the paragraphs 7 to 21 will be granted when the individual required is accused or condemned as author, accomplice or concealer of an infraction of the Penal Code, punishable in the United States and Ecuador with a penalty of not less than one year in prison. 259-333-71-24 ARTICLE II The present Treaty shall be considered as an integral part of the said Extradition Treaty of June 28, 1872 and it is agreed that the paragraph or crimes added by the present Treaty and numbered 21st herein shall be applicable under appropriate circumstances to all the crimes listed in the said Treaty of June 28, 1872. ARTICLE III The present Treaty shall be ratified and the ratifications shall be exchanged at Washington as soon as possible. It shall come into force ten days after its publication in conformity with the laws of the High Contracting Parties, such period to be computed from its publication in the country last publishing, and it shall continue and terminate in the same manner as the said Treaty of June 28, 1872. In testimony whereof, the respective Plenipotentiaries have signed the present Treaty, in duplicate, and have hereunto affixed their seals. Done, in duplicate, at Quito, this twenty-second day of September, one thousand nine hundred and thirty nine. NAVAL MISSION Agreement signed at Washington December 12, 1940 Entered into force December 12, 1940 4 1 3 Amended by agreements of April 30, 1941; 1 January 27 and February 4, 5 3 5 54 Stat. 2429; Executive Agreement Series 188 AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF ECUADOR In conformity with the request of the Government of the Republic of Ecuador to the Government of the United States of America, the President of the United States of America has authorized the appointment of officers and enlisted men to constitute a Naval Mission to the Republic of Ecuador under the conditions specified below: TITLE I Purpose and Duration ARTICLE 1. The purpose of this Mission is to cooperate with the Minister of National Defense of Ecuador and with the personnel of the Ecuadoran Navy, with a view to enhancing the efficiency of the Ecuadoran Navy. ARTICLE 2. This Mission shall continue for a period of four years from the date of the signing of this Agreement by the accredited representatives of the Government of the United States and the Government of Ecuador, unless previously terminated or extended as hereinafter provided. Any member of 1EAS 206, post, p. 359. '3 UST 2957; TIAS 2478. the Mission may be recalled by the Government of the United States after the expiration of two years of service, in which case another member shall be furnished to replace him. ARTICLE 3. If the Government of Ecuador should desire that the services of the Mission be extended beyond the stipulated period, it shall make a written proposal to that effect six months before the expiration of this Agreement. ARTICLE 4. This Agreement may be terminated before the expiration of the period of four years prescribed in Article 2, or before the expiration of the extension authorized in Article 3, in the following manner: (a) By either of the Governments, subject to three months' written notice to the other Government; (b) By the recall of the entire personnel of the Mission by the Government of the United States in the public interest of the United States, without necessity of compliance with provision (a) of this Article. ARTICLE 5. This Agreement is subject to cancellation upon the initiative of either the Government of Ecuador or the Government of the United States in case either country becomes involved in domestic or foreign hostilities. TITLE II Composition and Personnel ARTICLE 6. This Mission shall consist of a Chief of the Mission of the rank of Commander, Lieutenant Commander or Lieutenant on active service in the United States Navy and such other personnel of the United States Navy as may subsequently be agreed upon between the Ministry of National Defense of Ecuador through its authorized representative in Washington, and the Navy Department of the United States. TITLE III Duties, Rank and Precedence ARTICLE 7. The personnel of the Mission shall perform such duties as may be agreed upon between the Minister of National Defense of Ecuador and the Chief of the Mission. ARTICLE 8. The members of the Mission shall be responsible solely to the Minister of National Defense of Ecuador, through the Chief of the Mission. ARTICLE 9. Each member of the Mission shall serve on the Mission with the rank he holds in the United States Navy and shall wear the uniform of his rank in the United States Navy, but shall have precedence over all Ecuadoran officers of the same rank. Article 10. Each member of the Mission shall be entitled to all benefits For an amendment in the payment and benefit procedures under arts. 10, 12, 13, 14, 16, 17, 18, 19, 23, and 27, see agreement of Feb. 25 and May 22, 1959 (10 UST 1095; TIAS or privileges which the Regulations of the Ecuadoran Navy provide for Ecuadoran officers and subordinate personnel of corresponding rank. ARTICLE 11. The personnel of the Mission shall be governed by the disciplinary regulations of the United States Navy. TITLE IV Compensation and Perquisites ARTICLE 12. Members of the Mission shall receive from the Government of Ecuador such net annual compensation as may be agreed upon between the Government of the United States and the Government of Ecuador for each member. This compensation shall be paid in twelve (12) equal monthly installments, each due and payable on the last day of the month. The compensation shall not be subject to any tax, now or hereafter in effect, of the Government of Ecuador or of any of its political or administrative subdivisions. Should there, however, at present or while this Agreement is in effect, be any taxes that might affect this compensation, such taxes shall be borne by the Ministry of National Defense of Ecuador in order to comply with the provision of this Article that the compensation agreed upon shall be net. ARTICLE 13. The compensation agreed upon in the preceding Article shall begin upon the date of departure from the United States of each member of the Mission and, except as otherwise expressly provided in this Agreement, shall continue after the termination of his service with the Mission during his return trip to the United States and thereafter for the period of any accumulated leave to which he is entitled. ARTICLE 14. The compensation due for the period of the return trip and accumulated leave shall be paid to a detached member of the Mission before his departure from Ecuador, and such payment shall be computed for travel by the shortest usually travelled sea route regardless of the route and method of travel used by the member of the Mission. ARTICLE 15. The Government of Ecuador shall grant, upon request of the Chief of the Mission, exemption from customs duties on articles imported by the members of the Mission for their personal use and for use of members of their families. ARTICLE 16. Compensation for transportation and travelling expenses in the Republic of Ecuador on official business of the Government of Ecuador shall be provided by the Government of Ecuador in accordance with the provisions of Article 10. ARTICLE 17. The Government of Ecuador shall provide the Chief of the Mission with a suitable automobile with chauffeur, for use on official business. Suitable motor transportation with chauffeur, and when necessary a launch properly equipped, shall on call be made available by the Government of Ecuador for use by the members of the Mission for the conduct of the official business of the Mission. |