[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, 1999
September 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.