[Senate Treaty Document 106-7]
[From the U.S. Government Publishing Office]





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106th Congress                                              Treaty Doc.
 1st Session                     SENATE                        106-7   

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                  TREATY WITH DOMINICAN REPUBLIC FOR
                RETURN OF STOLEN OR EMBEZZLED VEHICLES

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

 TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE 
   GOVERNMENT OF THE DOMINICAN REPUBLIC FOR THE RETURN OF STOLEN OR 
EMBEZZLED VEHICLES, WITH ANNEXES, SIGNED AT SANTO DOMINGO ON APRIL 30, 
                                  1996




 September 8, 1999.--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
69-118                     WASHINGTON : 1999       





                         LETTER OF TRANSMITTAL

                              ----------                              

                                The White House, September 8, 1999.
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 Dominican Republic for the Return of Stolen 
or Embezzled Vehicles, with Annexes, signed at Santo Domingo on 
April 30, 1996. 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 vehicles 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. When it enters 
into force, it will be an effective tool to facilitate the 
return of U.S. vehicles that have been stolen or embezzled and 
taken to the Dominican Republic.
    I recommend that the Senate give early and favorable 
consideration to the Treaty, with Annexes, and give its advice 
and consent to ratification.

                                                William J. Clinton.



                          LETTER OF SUBMITTAL

                              ----------                              

                                       Department of State,
                                        Washington, April 27, 1999.
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 Dominican Republic for the Return of Stolen 
or Embezzled Vehicles (the ``Treaty''), with Annexes, signed at 
Santo Domingo on April 30, 1996. I recommend that the Treaty, 
with Annexes, be transmitted to the Senate for its advice and 
consent to ratification.
    The Treaty establishes procedures for the return by either 
Party of vehicles that are registered, titled or otherwise 
documented in the territory of one Party; stolen or embezzled 
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 the Dominican Republic is one of several treaties 
that have recently been negotiated with countries in Central 
America, the Caribbean, andCentral Europe and contains many 
provisions similar to those in the 1981 U.S.-Mexico Treaty. The Treaty 
with the Dominican Republic 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. 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 that are 
registered, titled, or otherwise documented in the territory of 
the one Party; stolen or embezzled in the territory of that 
Party or from one of its nationals; and found in the territory 
of the other Party.
    Article 3(1) requires that whenever the police, customs, or 
other authorities of a Party impound or seize a vehicle that 
they have reason to believe is registered, titled, or otherwise 
documented in the territory of the other Party, the first Party 
shall, within 30 days of the impoundment or seizure, notify in 
writing the Embassy of the other Party that its authorities 
have custody of the vehicle. Article 3(2) provides that such 
notification will include all identifying information about the 
vehicle listed in Annex 1 appended to the Treaty. This Annex 
contains the information the Parties agreed would be sufficient 
to develop a reliable and complete identification of the 
vehicle.
    Article 4 requires the authorities of a Party who have 
impounded or seized a vehicle that they have reason to believe 
is registered, titled, or otherwise documented in the territory 
of the other Party to promptly take it to a storage area and 
take reasonable steps to safeguard the vehicle, including 
preventing the obliteration or modification of identifying 
information such as vehicle identification numbers. The Article 
also prohibits such authorities from operating, auctioning, 
dismantling, or otherwise altering or disposing of the vehicle 
unless one of several enumerated conditions is met, e.g., no 
request for the return of the vehicle is received within 60 
days of receipt of a notification made pursuant to Article 3.
    Article 5 prescribes the form and content of requests for 
return of vehicles under the Treaty. Article 5(1) provides that 
after a Party has received a notification pursuant to Article 
3, it may submit a request for the return of the vehicle. 
Article 5(2) requires the request to be transmitted under seal 
of a consular officer of the Requesting Party and to follow the 
form appended in Annex 2. The request must be transmitted under 
cover of a note to the foreign ministry of the Requested Party, 
and may be made only after receipt by the consular officer of 
certified copies of the documents listed in Article 5(2), with 
a corresponding translation into the language of the Requested 
Party. Article 5(3) provides that no further legalization or 
authentication of documents shall be required by the Requested 
Party.
    Under Article 6, a Party that has learned outside of the 
Article 3 notification process that the authorities of the 
other Party may have impounded, seized, or otherwise taken 
possession of a vehicle that may be registered, titled, or 
otherwise documented in the territory of the first Party, may, 
through a note to the foreign ministry of the other Party, seek 
official confirmation of this and may request the other Party 
to provide notification pursuant to Article 3. 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.
    Article 7(1) requires the Requested Party to determine, 
within 30 days of receiving a request for return of a stolen or 
embezzled vehicle, whether the request meets the requirements 
of the Treaty and to notify the Embassy of the Requesting Party 
of its determination. Article 7(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 available to the owner of the owner's authorized 
representative. The vehicle must remain available for the owner 
or the owner's authorized representative to take delivery for 
at least 60 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 and 
return with 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 7(3) it 
must provide written notification to the Embassy of the 
Requesting Party of its reasons for doing so.
    Article 8 sets forth several circumstances under which a 
Requested State either has no obligation to return a vehicle 
for which return has been requested or can defer the surrender 
of the vehicle. Article 8(1) provides that if a vehicle whose 
return is requested is being held in connection with a criminal 
investigation or prosecution, its return will be at the 
conclusion of that investigation or prosecution.
    Article 8(2) states that where the ownership or custody of 
a vehicle for which return is requested is the subject of a 
pending judicial action in the territory of the Requested 
Party, its return shall be effected at the conclusion of the 
judicial action. However, the Requested Party will have no 
obligation to return the vehicle if such judicial action 
results in a decision that awards the vehicle to a person other 
than the person identified in the request for return as the 
owner of the vehicle or the owner's authorized representative.
    Article 8(3) provides that a Party will have no obligation 
to return a vehicle for which return is requested if the 
vehicle 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 8(4), a Party will have no obligation to 
return a stolen or embezzled vehicle if no request for return 
is received within 60 days of receipt of a notification made 
pursuant to Article 3.
    Article 8(5) requires the Requested Party to notify the 
Embassy of the Requesting Party in writing within 30 days of 
receipt of a request for return if the return of a stolen or 
embezzled vehicle is postponed pursuant to Article 8.
    Article 9(1) prohibits the Requested Party from imposing 
any import or export duties, taxes, fines, or other monetary 
penalties or charges on vehicles returned in accordance with 
the Treaty, or on their owners or authorized representatives, 
as a condition for the return of such vehicles.
    Article 9(2) and 9(3) apportion the expenses associated 
with the return of vehicles under the Treaty. Article 9(2) 
provides that actual 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 its return and will 
be paid prior to the return of the vehicle. It further provides 
that the Requested Party will use its best efforts to keep such 
expenses at reasonable levels. Under Article 9(3), the expenses 
of return in particular cases may include the costs of any 
repairs or reconditioning of a vehicle that were necessary to 
permit the vehicle 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 will not be responsible for 
the costs of any other work performed on the vehicle while it 
was in the custody of the authorities of the Requested Party.
    Article 9(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, no person will be entitled to compensation from the 
Requested Party for any damage caused to or sustained by the 
vehicle while in the custody of the Requested Party.
    Article 10 provides that the mechanisms for the recovery 
and return of stolen or embezzled vehicles under this Treaty 
shall be in addition to those available under the laws of the 
Requested Party, and that nothing in the Treaty shall impair 
any rights for the recovery of stolen or embezzled vehicles 
under applicable law.
    Article 11(1) states that any differences regarding the 
interpretation or application of the Treaty will be resolved 
through consultations between the Parties. Article 11(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 11(3) further 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, by the Senate as 
soon as possible.
    Respectfully submitted,
                                                Madeleine Albright.



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