U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

79–118

" ! SENATE 106TH CONGRESS

2d Session

TREATY DOC.

2000

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

(III)

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.

(V)

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 AuthorVerDate 11-MAY-2000 13:21 Sep 06, 2000 Jkt 079118 PO 00000 Frm 00005 Fmt 7633 Sfmt 7633 E:\HR\OC\TD040.XXX pfrm11 PsN: TD040
VI

ity 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 to a 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

VII

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 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. 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 prosVerDate 11-MAY-2000 13:21 Sep 06, 2000 Jkt 079118 PO 00000 Frm 00007 Fmt 7633 Sfmt 6602 E:\HR\OC\TD040.XXX pfrm11 PsN: TD040
VIII

ecution 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, 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

IX

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.

(1)

2

3

4

5

6

7

8

9

10

11

12

13

14

15