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[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.

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