[Senate Treaty Document 106-40] [From the U.S. Government Publishing Office] 106th Congress Treaty Doc. SENATE 2d Session 106-40 _______________________________________________________________________ TREATY WITH COSTA RICA FOR RETURN OF VEHICLES AND AIRCRAFT __________ MESSAGE from THE PRESIDENT OF THE UNITED STATES transmitting TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF COSTA RICA FOR THE RETURN OF STOLEN, EMBEZZLED, OR APPROPRIATED VEHICLES AND AIRCRAFT, WITH ANNEXES AND A RELATED EXCHANGE OF NOTES, SIGNED AT SAN JOSE ON JULY 2, 1999September 5, 2000.--Treaty was read the first time, and together with the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate _______ U.S. GOVERNMENT PRINTING OFFICE 79-188 WASHINGTON : 2000 LETTER OF TRANSMITTAL ---------- The White House, September 5, 2000. To the Senate of the United States: With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the Treaty Between the Government of the United States of America and the Government of the Republic of Costa Rica for the Return of Stolen, Embezzled, or Appropriated Vehicles and Aircraft, with Annexes and a related exchange of notes, signed at San Jose on July 2, 1999. I transmit also, for the information of the Senate, the report of the Department of State with respect to the Treaty. The Treaty is one of a series of stolen vehicle treaties being negotiated by the United States in order to eliminate the difficulties faced by owners of vehicles that have been stolen and transported across international borders. Like several in this series, this Treaty also covers aircraft. When it enters into force, this Treaty will be an effective tool to facilitate the return of U.S. vehicles and aircraft that have been stolen, embezzled, or appropriated and taken to Costa Rica. I recommend that the Senate give early and favorable consideration to the Treaty, with Annexes and a related exchange of notes, and give its advice and consent to ratification. William J. Clinton. LETTER OF SUBMITTAL ---------- Department of State, Washington, July 22, 2000. The President, The White House. The President: I have the honor to submit to you the Treaty between the Government of the United States of America and the Government of the Republic of Costa Rica for the Return of Stolen, Embezzled, or Appropriated Vehicles and Aircraft (the ``Treaty''), with Annexes and a related exchange of notes, signed at San Jose on July 2, 1999. I recommend that the Treaty, with Annexes and related exchange of notes, be transmitted to the Senate for its advice and consent to ratification. The Treaty establishes procedures for the return by either Party of vehicles and aircraft that are registered, titled or otherwise documented in the territory of one Party; stolen, embezzled, or appropriated in the territory of that Party or from one of its nationals; and found in the territory of the other Party. The United States currently has only one such treaty in force, the 1981 Convention between the United States of America and the United Mexican States for the Recovery and Return of Stolen or Embezzled Vehicles and Aircraft (``U.S.- Mexico Treaty''). The Treaty with Costa Rica is one of several treaties that have recently been negotiated with countries in Central America, the Caribbean, and Central Europe and contains many provisions similar to those in the 1981 U.S.-Mexico Treaty. At the same time, the Treaty with Costa Rica incorporates an important improvement in one aspect over the U.S.-Mexico Treaty in that it sets more restrictive deadlines for action by the Party receiving a request for the return of a vehicle or aircraft. As with the U.S.-Mexico Treaty, this Treaty will not require implementing legislation. Article 1 defines certain terms for purposes of the Treaty. Article 2 sets forth the agreement of the Parties, in accordance with the Treaty's terms, to return vehicles or aircraft that are registered, titled, or otherwise documented in the territory of one Party; stolen, embezzled or appropriated in the territory of that Party or from one of its nationals; and found in the territory of the other Party. Article 3 provides for the establishment of Central Authorities and designates Central Authorities to process requests made pursuant to the Treaty. For the United States, the Central Authority is the Secretary of State, or such persons designated by the Secretary of State. For the Republic of Costa Rica, the Central Authority is the Minister of Public Security, or such persons designated by the Minister of Public Security. Article 4 provides the Treaty's notification requirements. Article 4(1) requires that whenever the police, customs, or other authorities of a Party impound or seize a vehicle or aircraft and have information indicating that the vehicle or aircraft is registered, titled, or otherwise documented (or, in the case of aircraft, manufactured) in the territory of the other Party or from one of its nationals, the first Party shall, within 30 days of the impoundment or seizure, notify in writing the Central Authority of the other Party that its authorities have custody of the vehicle or aircraft. Article 4(2) provides that, in the case of vehicles, such notifications shall include all available identifying information listed in Annex 1 appended to the Treaty. Article 4(3) provides that, in the case of aircraft, such notifications shall include all available identifying information listed in Annex 2 appended to the Treaty. These Annexes contain the information the Parties agreed would be sufficient to develop a reliable and complete identification of the vehicle or aircraft. Article 4(4) requires representatives of the Parties to meet periodically to review the operation and effectiveness of the Treaty and to exchange relevant information intended to facilitate the efficient implementation of the Treaty. Article 5 requires authorities who have impounded or seized a vehicle or aircraft, regarding which notification is required under Article 4, to take it toa storage area and to take reasonable steps to safeguard it, including the prevention of obliteration or modification of identifying information, such as vehicle identification numbers and aircraft registration or tail numbers. The article also prohibits such authorities from operating, auctioning, dismantling, or otherwise altering or disposing of the vehicle or aircraft unless one of several enumerated conditions is met, e.g., no request for the return of the vehicle or aircraft is received within 60 days of receipt of a notification made pursuant to Article 4. Article 6 prescribes the form and content of requests for return of vehicles and aircraft under the Treaty. Article 6(1) provides that after a Party has received a notification pursuant to Article 4, it may submit a request for the return of the vehicle or aircraft. Article 6(2) requires the request to be transmitted, under seal of the Central Authority of the Requesting Party, directly to a consular officer of the Requested Party and to follow the form appended in Annex 3 (for vehicles) or Annex 4 (for aircraft). Article 6(2) also requires the Requesting Party to transmit its request and accompanying documents simultaneously (via facsimile or other acceptable means) to the Central Authority of the Requested Party to enable that Central Authority to begin its review pending the arrival of the authenticated originals. In order for a request to be made, the Central Authority of the Requesting State must first receive certified copies of documents listed in Article 6(3) (for vehicles) or Article 6(4) (for aircraft). Once the necessary documents have been received, Article 6(5) requires that the request for return be accompanied by certified copies of the documents listed in Article 6(3) or Article 6(4), as applicable, as well as an appropriate translation. An exchange of notes accompanying the Treaty memorializes the understanding of the Parties that an ``appropriate translation'' includes translations on printed forms, in the English and Spanish languages, with appropriate blanks to be filled in with the particular information relating to the vehicle or aircraft whose return is being requested. If the United States is the Requesting Party, the documents accompanying the request must be authenticated by a consular officer of Costa Rica in the United States. Such authentication must be provided expeditiously, and all fees must be waived. Under Article 7, a Party that has learned outside of the Article 4 notification process that the authorities of the other Party may have impounded, seized, or otherwise taken possession of a vehicle or aircraft that may be registered, titled, or otherwise documented (or, in the case of aircraft, manufactured) in the territory of the first Party, or that may have been stolen, embezzled, or appropriated in the territory of the first Party or from one of its nationals may, through a written communication to the Central Authority of the other Party, seek official confirmation of this and may request the other Party to provide notification pursuant to Article 4. If a notification is requested, the other Party must either provide the notification or explain, in writing, why notification is not required. The first Party may also, in appropriate cases, submit a request for the return of the vehicle or aircraft. Article 8 details the procedures for the Requested Party's review of a request. Article 8(1) requires the Requested Party to determine, within 30 days of receiving a request for the return of a stolen, embezzled, or appropriated vehicle or aircraft, whether the request meets the requirements of the Treaty and to notify the Central Authority of the Requesting Party of its determination. Article 8(2) requires the Requested Party, within 15 days of its determination that a request for return meets the requirements of the Treaty, to make the vehicle or aircraft available to the owner or the owner's authorized representative. The vehicle or aircraft must remain available for the owner or the owner's authorized representative to take delivery for 90 days. The Requested Party is also required to take necessary measures to permit the owner or the owner's authorized representative to take possession of the vehicle or aircraft and return with it to the territory of the Requesting Party. Where the Requested Party determines that a request for returndoes not meet the requirements of the Treaty, under Article 8(3) it must provide written notification to the Central Authority of the Requesting Party. Such notification must set forth the grounds for its determination and indicate a reasonable period of time in which the Requesting Party may correct any deficiencies in the request or appeal the basis for the denial. Article 9 sets forth several circumstances under which a Requested State either has no obligation to return a vehicle or aircraft for which return has been requested or can defer the surrender of the vehicle or aircraft. Article 9(1) provides that if a vehicle or aircraft whose return is requested is being held in connection with a criminal investigation or prosecution, its return will be effected when its presence is no longer required for that investigation or prosecution. However, the Requested Party is required to take all practicable measures to ensure that substitute pictorial or other evidence is used whenever possible in such investigation or prosecution so that the vehicle or aircraft may be returned as soon as possible. Article 9(2) states that nothing in the Treaty shall impair any rights of individuals under the laws of the Requested Party to seek, from appropriate judicial authorities in the territory of Requested Party, a determination regarding the ownership of a vehicle or aircraft for which return is requested. If such judicial action results in a decision to award the vehicle or aircraft to a person other than the person identified in the request for return as the owner of the vehicle or aircraft or the owner's authorized representative, the Requested State has no obligation to return the vehicle or aircraft under the Treaty. Otherwise, the return of the vehicle or aircraft must be effected at the conclusion of the judicial action. Article 9(3) provides that a Party will have no obligation to return a vehicle or aircraft for which return is requested if the vehicle or aircraft is subject to forfeiture under its laws because it was used in its territory for the commission of a crime with the consent or complicity of the owner, or represents the proceeds of such a crime. The Requested Party is required to give the owner or the owner's authorized representative reasonable notice and an opportunity to contest such forfeiture in accordance with its laws. Under Article 9(4), a Party will have no obligation to return a stolen, embezzled, or appropriated vehicle or aircraft if no request for return is received by a consular officer of the Requested Party in the territory of the Requesting Party within 60 days of receipt of a notification made pursuant to Article 4. Article 9(5) requires the Requested Party to notify the Central Authority of the Requesting Party in writing within 30 days of receipt of a request for return if the return of a stolen, embezzled, or appropriated vehicle or aircraft is postponed pursuant to Article 9. The notification must set forth the grounds for postponement and an estimated reasonable period of time for the requested return. Under Article 9(6), a Party will have no obligation to return a stolen, embezzled, or appropriated vehicle or aircraft if no request for return is received within 10 years of the theft, embezzlement, or appropriation of the vehicle or aircraft. Article 9(7) provides that a Party will have no obligations to return a stolen, embezzled, or appropriated vehicle or aircraft if the person identified in the request for return as the owner or the owner's authorized representative fails to take possession of the vehicle or aircraft within 90 days after it has been made available as provided in Article 8(2). Article 10 addresses expenses associated with the return of vehicles and aircraft under the Treaty. Article 10(1) prohibits the Requested Party from imposing any import or export duties, taxes, fines, or other monetary penalties or charges on vehicles or aircraft returned in accordance with the Treaty, or on their owners or authorized representatives, as a condition for the return of such vehicles or aircraft. Article 10(2) provides that reasonable expenses incurred in the return, including towing costs, storagecosts, maintenance costs, transportation costs, and costs of translation of documents required under the Treaty will be borne by the person seeking the return and will be paid prior to the return of the vehicle or aircraft. Under Article 10(3), the expenses of return in particular cases may include the costs of any repairs or reconditioning of a vehicle or aircraft that were necessary to permit the vehicle or aircraft to be moved to a storage area or maintained in the condition in which it was found. However, the person seeking the return of the vehicle or aircraft will not be responsible for the costs of any other work performed on the vehicle or aircraft while it was in the custody of the authorities of the Requested Party. Article 10(4) provides that if the Requested Party complies with the provisions of the Treaty with respect to recovery, storage, safekeeping, and, where appropriate, return of a vehicle or aircraft, no person will be entitled to compensation from the Requested Party for any damages sustained while the vehicle or aircraft is in the custody of the Requested Party. Article 11 provides that the mechanisms for the recovery and return of stolen, embezzled, or appropriated vehicles or aircraft under this Treaty shall be in addition to those available under the laws of the Requested Party. Article 12(1) states that any differences regarding the interpretation or application of the Treaty will be resolved through consultations between the Parties. Article 12(2) states that the Treaty will be subject to ratification and will enter into force on the date of exchange of instruments of ratification. Article 12(3) provides that either Party may terminate the Treaty upon a minimum of 90 days written notification. The Department of Justice joins the Department of State in favoring approval of the Treaty, with Annexes and related exchange of notes, by the Senate as soon as possible. Respectfully submitted, Thomas R. Pickering.
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