Agreements Restoring Land Vehicles. - Full Text Of The Rule

Original Language Title: ACUERDOS RESTITUCION DE VEHICULOS TERRESTRES... - Texto completo de la norma

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ACUERDOS Law 25.727 Approve the Agreement of Assumption on the Restitution of Land Automotive Vehicles and/or Embarcations that legally transpose the Borders between the States Parties of Mercosur, sucript in Montevideo on 7 December 1999. Sanctioned: February 26, 2003 Cast: March 24, 2003

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Appropriate the Agreement on the Resisting of Crimes and/or Emerging Emerging Emeritus between the States Parties of MERCOSUR, signed in Montevideo - ORIENTAL REPUBLIC OF URUGUAY - on 7 December 1999, which consists of VEpia ARTICLE 2 Contact the national executive branch.

DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, ON 26 FEB 2003.

# 25.727—

EDUARDO O. CHANGE. . JOSE L. GIOJA. . Eduardo D. Rollano. . Juan C. Oyarzún.

AGREEMENT OF ASUNCION ON RESTITUCION DE VEHICULOS AUTOMOTORS TERRESTRES AND/or EMBARCATIONS TRAFFICING THE FRONTERS BETWEEN THE STATES PARTIES OF MERCOSUR

The Argentine Republic, the Federal Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, henceforth the "State Parties" of the Common Market of the South (MERCOSUR).

RECOGNIZING the need for the fight against all forms of organized crime to carry out joint, coordinated and agreed action throughout the region,

NOTING that the phenomenon of globalization and the process of regional integration 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 or her 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 applied for restitution, the right to do so shall expire in the future in the terms of the procedure provided for in the present case, and must 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 subject to the domestic legislation of the appropriate 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 limits and in accordance with the procedures provided for in the existing legislation of each State Party, and the higher-level proceedings must be lifted in order to make 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, it may submit the documentation that warrants 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 from 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 of theft or theft.

In such requirements, all the characteristics of the vehicle as a brand, model, colour, motor and chassis numbers, as well as the circumstances in which it was kidnapped, will be recorded.

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 circulate their respective reports within the shortest possible time limit to 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, at thirty days of ratification by diplomatic channels. 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 the month of December of the year thousand nine hundred and nine, in an original (1), in the Spanish and Portuguese languages, being both equally authentic texts.

For the Argentine Republic

Guido DI TELLA

Minister for Foreign Affairs

For the Republic of Paraguay

José FELIZ FERNANDEZ ESTIGARRIBIA

Minister for Foreign Affairs

For the Federal Republic of Brazil

Luis Felipe LAMPREIA

Minister for Foreign Affairs

For the Eastern Republic of Uruguay

Didier OPERTTI

Minister for Foreign Affairs