U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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79–118

" ! SENATE 106TH CONGRESS

2d Session

TREATY DOC.

2000

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

(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 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.

(V)

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 reVerDate 11-MAY-2000 22:19 Sep 06, 2000 Jkt 079118 PO 00000 Frm 00005 Fmt 7633 Sfmt 7633 E:\HR\OC\TD044.XXX pfrm02 PsN: TD044
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quests 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 to develop 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).

VII

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 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 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

VIII

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 imVerDate 11-MAY-2000 22:19 Sep 06, 2000 Jkt 079118 PO 00000 Frm 00008 Fmt 7633 Sfmt 6602 E:\HR\OC\TD044.XXX pfrm02 PsN: TD044
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pair 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.

(1)

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