U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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69–118

" ! SENATE 106TH CONGRESS

1st Session

TREATY DOC.

1999

106–7

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

(III)

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.

(V)

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, and Central 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
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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.
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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, safe-
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keeping, 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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