Key Benefits:
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
ARTICLE 1 Approved the Agreement on the Resisting of Land-based UtoMOTORS and/or Emerging Emeritus between the States Parties of MERCOSUR, the BOLIVIA REPUBLIC AND THE REPUBLIC DE CHILE, a subscriber in Montevideo - ORIENTAL REPUBLIC OF URUGUAY - December 7, 1999, which consists of VEINTISEIS (26) articles, whose authenticated photocopy is part of this law. ARTICLE 2 Contact the national executive branch.DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, ON 26 FEB 2003.
_
EDUARDO O. CHANGE. . JOSE L. GIOIA. . Eduardo D. Rollano. . Juan C. Oyarzún.
AGREEMENT OF ASUNCION ON RESTITUCION DE VEHICULOS AUTOMOTORS TERRESTERS AND/or EMBARCATIONS WORKING INCLUDING FRONT OF THE STATES PARTIES OF MERCOSUR, THE BOLIVIA REPUBLIC AND THE CHILE REPUBLIC
The Argentine Republic, the Federal Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to the Common Market of the South (MERCOSUR), the Republic of Bolivia and the Republic of Chile henceforth referred to as Signatory Parties.
CONSIDERING the Decision of the Common Market Council of MERCOSUR No. 14/96 "Participation of Third Countries Associated with Meetings of MERCOSUR" and Decision No. 12/97 "Participation of Chile at Meetings of MERCOSUR",
RECOGNIZING the need for the fight against all forms of organized crime to carry out joint, coordinated and agreed action throughout the region,
INCLUDING the phenomenon of globalization and the process of regional integration that have generated new and challenging features in criminal action, which has acquired a growing transnational dimension,
CONSCIENTS of the common purpose of making the fight against all forms of organized crime and the efforts of our communities, through their security forces and competent agencies, more efficient in order to ensure the full validity of democratic institutions and the rule of law throughout the region,
RECALLING the principles of respect for national sovereignty, fraternal cooperation among the countries of the region and the ideals that inspire the entire process of integration of the Treaty of Assumption, and
PROCUREED to reduce the negative impact of crimes on individuals, ensuring prompt recovery of assets that were stolen from them without deterioration that bureaucratic delays often introduce them,
ACUERDAN:
CHAPTER I
INITIAL DISPOSITIONS
ARTICLE 1
It shall be interdicted, seized or abducted and made available to the local judicial or customs authority, as appropriate, the ground motor vehicle and/or vessel, henceforth the vehicle/s, originating or coming from one of the States Parties that has entered or intends to do so to the territory of any of the other States Parties in some of the following conditions:
(a) Where the documentation that credits the property and origin of the property is not available, or does not prove, who gives it, the proper authorization to do so and/or transfer it outside the original jurisdiction.
(b) When the exhibited documentation will present features that will presume its falsehood.
(c) Where the vehicle has been the subject of a previous complaint for theft, theft or customs infringement, or has been claimed by court ruling.
With regard to who might be responsible for the act, appropriate legal measures will be taken.
ARTICLE 2
In all cases, the vehicle shall be made available to the local competent authority, remaining in its custody, without the right to use, except for its guard. The delivery shall be formalized within the period of DOS (2) working days under inventory, of which shall be performed in the presence of two witnesses, with indication of the state in which it is at the time of the interdiction, seizure or abduction, upon finding that it is not properly registered in the country.
ARTICLE 3
For the purposes of the preceding articles, the abduction, interdiction or seizure of the vehicle from or from any State Party shall be carried out:
(a) As a result of a judicial provision in proceedings promoted by the owner, subrogatory or legal representative.
(b) As a result of the traffic control action carried out by the security, police or customs authorities.
(c) By formal request of consular authority of the country of origin and/or residence of the vehicle with seat in the country where the same was.
ARTICLE 4
The competent agencies of the States Parties shall exchange information, through the MERCOSUR, Bolivia and Chile Security Information Exchange System, of searches for theft or theft of vehicles, which may be transferred from one State party to another, in order to seek their abduction, seizure or interdiction and to counter the criminal modality throughout the territory of MERCOSUR.
CHAPTER II
"JUDICIAL RESTITUTION"
ARTICLE 5
Any person of ideal or legal or physical or visible existence who wishes to claim the restitution of a vehicle of his or her property, which has been stolen or stolen, shall make his or her request to the judicial authority of the territory in which he or she is presumably located, and may do so directly, by his or her legal representative, subrogatory or through the consular or judicial authorities of the State Party of which he or she is a national or where he has his or her real or legal home.
(a) The claim shall be made within a period not exceeding CINCO (5) years, counted from the day after the complaint was made to the competent authority of the place where the theft or theft occurred or from the effective date of the certificate of payment or transfer of rights of the owner in the case of insurance companies and/or third parties.
(b) In order to facilitate the individualization of the vehicle, the request for restitution may be accompanied by the background of the person who allegedly has it in his or her power, providing any data that might be of interest to achieve the recovery of the vehicle.
(c) After the above-mentioned time limit has not been effected, the right to restitution shall expire in the future in the terms of the procedure provided for in the present case, and shall be carried out in accordance with the general rules of law applicable to the case.
(d) The restitution procedure provided for in the present agreement will continue its proceedings if the measure of abduction, interdiction or seizure could be effective. Otherwise, the procedure shall be carried out in accordance with the domestic legislation of the relevant State Party.
ARTICLE 6
The request for restitution shall be submitted with the documentation below, subject to the consular intervention if it corresponds in accordance with the domestic regulations of the State Party where the vehicle is located:
(a) Title of ownership of the vehicle or certified copy thereof (for vehicles that have already been marketed to the public).
(b) Certificate of manufacture, factory output documentation to the market, or equivalent document that credits the ownership of the vehicle (for national vehicles not yet marketed to the public).
(c) Certificate of import, purchase invoice and/or bill of shipment, import dispatch or equivalent document that credits the ownership of the vehicle (for imported vehicles not yet marketed to the public).
(d) Constance of the competent authority of the country of origin in which the denunciation of theft or theft of the vehicle was radiated.
(e) Where the claimant is a insurance company or a third owner of the vehicle ' s domain, it must also accompany the respective assignment of rights or payment certificate.
ARTICLE 7
Upon receipt of the request for restitution, the competent judge of the country in which the vehicle was made shall, after the completion of the corresponding seizures, promptly hijacking, interdiction or seizure of the vehicle, in accordance with the terms of Article 2.
To this end, the actuator, in promoting the request for abduction, shall do so under the caption in accordance with the device system for each State Party. In the same way, the person required may request the lifting of the precautionary measure under caption, which shall be determined in accordance with the current legislation of the State party in which the proceedings are being conducted.
ARTICLE 8
From the request for restitution, once the measure of abduction, interdiction or seizure has been completed, the defendant shall be transferred by the term of CINCO (5) working days counted from the day after the notification of the act, subject to the notice of the corresponding right.
The proof of the rights invoked shall be limited to the documentary and shall be solely for the proof of the ownership or control of the vehicle and for which the competent authority of the country of origin has issued to authorize the departure of the country ' s vehicle and its admission by the country of destination, corresponding to its protocolization by the respective Consulate; without prejudice to any other measures that the judge may have available to verify the authenticity of the documentation.
Within this same period, the competent judge shall proceed to inform the proceedings and results obtained from the consular authorities of the country of origin of the vehicle.
ARTICLE 9
Without prejudice to any other measures the competent judge may have, the following requirements shall be waived:
(a) It will offer the customs authority to report on the circumstances relating to the entry of the vehicle within TEN (10) working days, in order to determine whether, in addition to the offence of restitution, the offence of smuggling or any other has been set up.
(b) It will offer the Registers that correspond to the nature of the vehicle hijacked so that in the period of TEN (10) working days report on the registration of the vehicle, in order to determine its legitimate holder or owner.
ARTICLE 10
With the deadlines mentioned in Articles 8 and 9, the process will be processed in a summary form and the judge will, by judgement, decide to hand over the vehicle to the person entitled, without further processing. Processing procedures should be completed within a maximum period of SESENTA (60) working days.
ARTICLE 11
The first-instance judicial resolution shall be appealable within the time frames and in accordance with the procedures provided for in the existing legislation of each State Party, and the higher-instance proceedings must be lifted to the High-level Court for the decision, ultimately, in the shortest term.
ARTICLE 12
Once the decision to make the request for restitution has been signed, the judge shall have the immediate return of the vehicle to the owner, subrogate or legal representative, directly or through the consular, police or customs authorities of the State Party from which the vehicle is originating or has its residence.
ARTICLE 13
The delivery of the vehicle in custody by the competent authority shall be made with timely knowledge of border customs, for the purpose of processing the transfer and placement of the vehicle in the territory of the requesting State Party and/or another State Party through which the return journey must be carried out, as appropriate.
CHAPTER III
" ADMINISTRATIVE STATUS"
ARTICLE 14
The vehicle originating or coming from one of the States Parties that is interdicted, seized or abducted under Article 1, as a direct consequence of the control carried out by the police or customs authorities, shall, in accordance with Article 2, be in the custody of the customs, police or judicial authority corresponding to the territory in which it was located.
ARTICLE 15
Upon receipt of the vehicle, the customs, police or judicial authority concerned, upon completion of the corresponding seizures and within a period of THREE (3) working days, shall, in writing, request the State party ' s authorities of which the vehicle is presumed to originate, information on the police record of theft or theft thereof in the territory of origin. In addition, the intervening agency shall intimate the holder of the vehicle car hijacked so that within a period of CINCO (5) working days, submit the documentation justifying its legal possession, in accordance with Article 8.
ARTICLE 16
The authority consulted, in accordance with the provisions of the preceding article, shall respond within a maximum period of TEN (10) days of receipt of the request and shall also notify the alleged owner of the vehicle of his abduction in the territory of the other party, instructing him on the restitution procedure, in accordance with the provisions of this Agreement.
ARTICLE 17
Received the formal response by confirming the criminal origin of the vehicle, the intervening authority shall suspend, if appropriate, the procedures of entry into the country, by obliging the owner, its representative or subrogate, directly or through the Consular Authority of the part of which it is national or has its legal status, to submit the relevant documentation provided for in Article 6 within a period of VEINTE (20) days, counting from the date of the next day of notification.
ARTICLE 18
Upon receipt of the documentation referred to in the terms of Article 17 the intervening authority, after the completion of the corresponding seizures and within a period of CINCO (5) working days, shall proceed to the delivery of the vehicle to the owner, subrogatory or legal representative, directly or through the consular, customs or police authorities of the State Party of which it is a national or where it has its legal status.
It should also issue documentation allowing the free transit of the motor vehicle and its placement in the territory of origin, as provided for in article 13, or its transit in the country of origin through the territory of another State Party.
ARTICLE 19
In cases where the owner of the hijacked vehicle remains unknown, pursuant to Article 15, the intervening authority that maintains its guard shall seek the entire authorities designated as National Sections of the MERCOSUR, Bolivia and Chile Meeting of Ministers of the Interior, in accordance with Article 16 and 17, records on theft or theft.
In such requirements, all the characteristics of the vehicle as a brand, model, color, motor and chassis numbers will be recorded, as well as the circumstances in which it was abducted
ARTICLE 20
In the event that no person is present to exercise his or her right, in accordance with the terms of articles 15 and 19, the authorities concerned are empowered to dispose of the vehicle and shall take appropriate measures set out in their respective legislation and/or return it to the State Party of origin when it accepts the restitution and takes charge of the transfer.
CHAPTER IV
"CURSE OF PERITOS"
ARTICLE 21
Where there are indications of the adulteration of the motor, chassis and/or body numbers or of the identifiers of a vehicle, the judge shall request the examination of an expert, without prejudice to the faculty of the interested parties to propose, equally, their respective registered experts; the expert may be carried out in the presence of a person expressly designated by the consular authority of the country to which the person concerned is a national or in which he or has his or his or her domicile.
The vehicle may not leave the deposit in which it is found to be subject to expertise, except for competent authorization. In all cases, the experts shall issue their respective reports within the shortest possible time. that will be fixed by the judge, in accordance with the circumstances of each case.
CHAPTER V
" GENERAL DISPOSITIONS"
ARTICLE 22
To the SESENTA (60) days run, counted from the notification, to the interested party of the final judicial and/or administrative decision available, the restitution of the vehicle, will expire the right of the promoter of the action or owner of the vehicle to claim the material delivery thereof. In this case, the competent authorities of the State party in which the State party is located shall be entitled to proceed in accordance with their own legislation.
ARTICLE 23
When unforeseen procedural measures are to be taken, the time limits of such measures shall be, in all cases, the shortest applicable in accordance with the law of the party in which the proceedings are being processed.
ARTICLE 24
The intervening authorities of States Parties shall establish mechanisms for the establishment or acquisition of preferential rates for the maintenance of the vehicle, which shall be addressed by the owner of the vehicle.
CHAPTER VI
"Financial institutions"
ARTICLE 25
This Agreement shall enter into force in relation to the first two States Parties that comply with the internal legislative and constitutional requirements, thirty days after the establishment of such a diplomatic channel. For other States Parties, it shall enter into force on the thirtieth day after its ratification. The Government of the Republic of Paraguay shall be the depositary of the Instruments of Ratification of this Agreement.
ARTICLE 26
Any State Party may denounce it, by written notification addressed to others by diplomatic channels, with six months in advance.
Signed in Montevideo, on the seven days of December of the year thousand nine hundred ninety-nine, in three (3) originals in the Spanish and Portuguese languages, being the equally authentic texts.
For the Argentine Republic
Gudi DI TELLA
Ministry of Foreign Affairs
For the Federal Republic of Brazil
Luis Felipe LAMPREIA
Minister for Foreign Affairs
For the Republic of Paraguay
José Félix FERNANDEZ ESTIGARRIBA
Minister for Foreign Affairs
For the Republic of Bolivia
Javier MURILLO DE LA ROCHA
Minister for Foreign Affairs
For the Republic of Chile
Juan Gabriel VALDES
Minister for Foreign Affairs
