[Senate Treaty Document 106-44]
[From the U.S. Government Publishing Office]
106th Congress Treaty Doc.
SENATE
2d Session 106-44
_______________________________________________________________________
TREATY WITH PANAMA ON THE 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 PANAMA FOR THE RETURN OF STOLEN, ROBBED,
OR CONVERTED VEHICLES AND AIRCRAFT, WITH ANNEXES, SIGNED AT PANAMA ON
JUNE 6, 2000, AND A RELATED EXCHANGE OF NOTES OF JULY 25, 2000
September 5, 2000.--The 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
79-118 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 Panama for the Return of Stolen,
Robbed, or Converted Vehicles and Aircraft, with Annexes,
signed at Panama on June 6, 2000, and a related exchange of
notes of July 25, 2000. 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, it will be an effective tool to facilitate the
return of U.S. vehicles and aircraft that have been stolen,
robbed, or converted and taken to Panama.
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, August 15, 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 Panama for the Return of Stolen,
Robbed, or Converted Vehicles and Aircraft (``the Treaty''),
with Annexes, signed at Panama on June 6, 2000, and a related
exchange of notes of July 25, 2000. 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 (or, in the case of aircraft,
manufactured) in the territory of one Party; stolen, robbed, or
converted 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 Panama 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 Panama 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
(or, in the case of aircraft, manufactured) in the territory of
one Party; stolen, robbed, or converted in the territory of
that Party or from one of its nationals; and found in the
territory of the other Party. Where the vehicle or aircraft is
stolen, robbed or converted from a Party's national outside
that Party's territory, the obligation to return only arises if
the request for return is made before a third country requests
the return of the same vehicle or aircraft.
Article 3 provides for the establishment of Central
Authorities and designates Central Authorities to process
notifications and requests made under the Treaty. For the
United States, the Central Authority is the Department of
State, or the Embassy of the United States of America in
Panama. For the Republic of Panama, the Central Authority is
the Office of the Attorney General or the Office of the Deputy
Attorney General.
Article 4 provides the Treaty's notification requirements.
Article 4(1) requires that whenever the police, customs, or
other authorities of a Party seize a vehicle that they have
reason to believe is registered, titled, or otherwise
documented in the territory of the other Party, the Central
Authority of the first party shall, within 60 days of the
seizure, notify the Central Authority of the other Party in
writing that is authorities have the vehicle in custody. This
notification must include all available data identifying the
vehicle, as described in Annex 1. Article 4(2) requires that
whenever the police, customs, or other authorities of a party
seize an aircraft that they have reason to believe is
registered, titled, otherwise documented, or manufactured in
the territory of the other Party, the Central Authority of the
first Party shall, within 60 days of the seizure, notify the
Central Authority of the other Party in writing that its
authorities have the aircraft in custody. This notification
must include all available data identifying the aircraft, as
described in Annex 2. Annexes 1 and 2 contain the information
the Parties agreed would be sufficient todevelop a reliable and
complete identification of the vehicle or aircraft.
Article 4(3) provides that whenever a vehicle or aircraft,
as described in paragraph 1 or 2 of Article 4, is seized by
authorities of one of the Parties because it may have been
involved in the commission, or may represent the proceeds, of a
crime, the Central Authority of the first Party shall, within
60 days of such seizure, notify the Central Authority of the
other Party, in writing, of the seizure and of the reasons for
it. This notification provides the owner or the owner's
authorized representative with an opportunity to make use of
the recourse provided by the laws of the first Party.
Article 5 requires authorities who have seized a vehicle or
aircraft that they have reason to believe is registered,
titled, or otherwise documented in the territory of the other
Party (or, in the case of aircraft, manufactured in the
territory of the other Party), to promptly place it in a
storage area and to take reasonable steps to safeguard it,
including those necessary to prevent the 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 and to follow the form appended in Annex 3
(for vehicles) or Annex 4 (for aircraft).
Requests must include certified copies of documents listed
in Article 6(3) (for vehicles) or Article 6(4) (for aircraft).
Pursuant to Article 6(5) all documents referenced in Article 6
must be accompanied by an appropriate translation. An exchange
of notes accompanying the Treaty memorializes the Parties'
understanding 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 the aircraft
whose return is being requested. No further legalization or
authentication of documents may be required by the Requested
party.
Under Article 7, a Party that has learned outside of the
Article 4 notification process that the authorities of the
other Party may have seized 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 the authorities of the other Party have seized such
vehicle or aircraft because it may have been involved in the
commission, or may represent the proceeds, of a crime 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 return of the vehicle
or aircraft.
Article 8 details the procedures for a Requested Party's
review of a request. Article 8(1) requires that, except as
provided in Article 9, the Requested Party must determine,
within 30 days of receiving a request for the return of a
stolen, robbed, or converted vehicle or aircraft, whether the
request meets the requirements of the Treaty and 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
takedelivery 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 delivery of the vehicle or aircraft and return
it to the territory of the Requesting Party. Where the Requested Party
determines that a request for return does not meet the requirements of
the Treaty, under Article 8(3) it must provide written notification to
the Central Authority of the Requesting Party, including the grounds
for its determination.
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) provides that if the ownership or custody of a
vehicle or an aircraft whose return is requested is at issue in
a pending judicial action in the territory of the Requested
Party, its return shall be effected at the conclusion of that
judicial action. However, if such judicial action results in a
decision that awards 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.
Article 9(3) states that a Party shall have no obligation
to return a requested vehicle or aircraft if such 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 because it represents
the proceeds of such a crime.
Under Article 9(4), a Party will have no obligation to
return a stolen, robbed, or converted vehicle or aircraft if no
request for return is received 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, robbed, or converted vehicle or aircraft is postponed
pursuant to Article 9.
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, storage costs, 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 damages sustained while the
vehicle or aircraft was in the custody of the Requested Party.
Article 11 provides that the mechanisms for the recovery
and return of stolen, robbed, or converted vehicles or aircraft
under this Treaty shall be in addition to those available under
the laws of the Requested Party. It also states that nothing in
the Treaty shall impair any rights for the recovery of stolen,
robbed, or converted vehicles or aircraft under applicable law.
Article 12(1) states that any differences regarding the
interpretation or application of the Treaty will be resolved
through consultations between the Parties through diplomatic
channels. 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 90 days written
notification through diplomatic channels.
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,
Strobe Talbott.