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13166 Lithuania - Treaty on Extradition


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13166

 

 

EXTRADITION

 

 

 

Treaty Between the
UNITED STATES OF AMERICA
and LITHUANIA

 

Signed at Vilnius October 23, 2001

 

 

 

 

 

 


 

 


NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”


 

 

 

 

LITHUANIA

Extradition

Treaty signed at Vilnius October 23, 2001;
Transmitted by the President of the United States of America
to the Senate May 6, 2002 (Treaty Doc. 107-4,
107th Congress, 2d Session);
Reported favorably by the Senate Committee on Foreign Relations
October 8, 2002 (Senate Executive Report No. 107-13,
107th Congress, 2d Session);
Advice and consent to ratification by the Senate
November 14, 2002;
Ratified by the President January 17, 2003;
Ratified by Lithuania February 27, 2003;
Ratifications exchanged at Washington March 31, 2003;
Entered into force March 31, 2003.

EXTRADITION TREATY
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA
TABLE OF CONTENTS
Article 1 Obligation to Extradite
Article 2 Extraditable Offenses
Article 3 Nationality
Article 4 Political and Military Offenses
Article 5 Prior Prosecution
Article 6 Lapse of Time
Article 7 Capital Punishment
Article 8 Extradition Procedures and
Required Documents
Article 9 Admissibility of Documents
Article 10 Translation
Article 11 Provisional Arrest
Article 12 Decision and Surrender
Article 13 Temporary and Deferred
Surrender
Article 14 Requests for Extradition Made
by Several States
Article 15 Seizure and Surrender
of Property
Article 16 Rule of Speciality
Article 17 Consent to Waiver of
Extradition Proceedings
Article 18 Transit
Article 19 Representation and Expenses
Article 20 Consultation
Article 21 Application
Article 22 Ratification, Entry into Force,
and Termination
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The Government of the United States of America and the Government of the Republic of
Lithuania, (hereinafter referred to as "the Parties"),
Recalling the Treaty of Extradition between the United States of America and the
Republic of Lithuania, signed at Kaunas, April 9, 1924, and the Supplementary Extradition
Treaty, signed at Washington, May 17, 1934,
Noting that both the Government of the United States of America and the
Government of the Republic of Lithuania currently apply the terms of those Treaties; and
Desiring to provide for more effective cooperation between the Parties in the fight
against crime, and, for that purpose, to conclude a new treaty for the extradition of
offenders;
Have agreed as follows:
Article 1
Obligation to Extradite
The Parties agree to extradite to each other, pursuant to the provisions of this
Treaty, persons whom the authorities in the Requesting State have charged with or
convicted of an extraditable offense.
Article 2
Extraditable Offenses
1. An offense shall be an extraditable offense if it is punishable under the laws
in both States by deprivation of liberty for a period of more than one year or by a more
severe penalty.
2. An offense shall also be an extraditable offense if it consists of an attempt or
a conspiracy to commit, or participation in the commission of any offense described in
paragraph 1.
3. For the purposes of this Article, an offense shall be an extraditable offense:
(a) whether or not the laws in the Requesting and Requested States place the
offense within the same category of offenses or describe the offense by the
same terminology; or
(b) whether or not the offense is one for which United States federal law
requires the showing of such matters as interstate transportation, or use of
the mails or of other facilities affecting interstate or foreign commerce, such
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matters being merely for the purpose of establishing jurisdiction in a United
States federal court.
4. Extradition shall be granted for an extraditable offense regardless of where
the act or acts constituting the offense were committed.
5. If extradition has been granted for an extraditable offense, it shall also be
granted for any other offense specified in the request even if the latter offense is punishable
by one year's deprivation of liberty or less, provided that all other requirements for
extradition are met.
Article 3
Nationality
Extradition shall not be refused based on the nationality of the person sought.
Article 4
Political and Military Offenses
1. Extradition shall not be granted if the offense for which extradition is
requested is a political offense.
2. For the purposes of this Treaty, the following offenses shall not be
considered political offenses:
(a) a murder or other violent crime against a Head of State of the Requesting or
Requested State, or of a member of the Head of State's family;
(b) an offense for which both the Requesting and Requested States have the
obligation pursuant to a multilateral international agreement to extradite the
person sought or to submit the case to their competent authorities for
decision as to prosecution;
(c) murder, manslaughter, malicious wounding, or inflicting grievous bodily
harm;
(d) an offense involving kidnaping, abduction, or any form of unlawful
detention, including the taking of a hostage;
(e) placing or using an explosive, incendiary or destructive device capable of
endangering life, of causing substantial bodily harm, or of causing
substantial property damage; and
(f) a conspiracy or attempt to commit any of the foregoing offenses, or aiding or
abetting a person who commits or attempts to commit such offenses.
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3. Notwithstanding the terms of paragraph 2 of this Article, extradition shall
not be granted if the executive authority of the Requested State determines that the request
was politically motivated.
4. The executive authority of the Requested State may refuse extradition for
offenses under military law that are not offenses under ordinary criminal law.
Article 5
Prior Prosecution
1. Extradition shall not be granted when the person sought has been convicted
or acquitted in the Requested State for the offense for which extradition is requested.
Conviction or acquittal also means, under Lithuanian law, an agreed resolution approved by
a court with final and binding effect.
2. Extradition shall not be precluded by the fact that the competent authorities
of the Requested State have decided either:
(a) not to prosecute the person sought for the acts for which extradition is
requested;
(b) to discontinue any criminal proceedings which have been instituted against
the person sought for those acts; or
(c) to investigate the person sought for the same acts.
Article 6
Lapse of Time
The decision by the Requested State whether to grant the request for extradition
shall be made without regard to the law of either the Requesting State or the Requested
State concerning lapse of time.
Article 7
Capital Punishment
When the offense for which extradition is sought is punishable by death under the
laws in the Requesting State and is not punishable by death under the laws in the Requested
State, the Requested State may grant extradition on the condition that the death penalty
shall not be imposed on the person sought, or on the condition that if the death penalty was
already imposed prior to the request, it shall not be carried out. If the Requesting State
accepts extradition subject to conditions pursuant to this paragraph, it shall comply with the
conditions. If the Requesting State does not accept the conditions, the request for
extradition may be denied.
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Article 8
Extradition Procedures and Required Documents
1. All requests for extradition shall be submitted through the diplomatic
channel.
2. All requests shall include:
(a) documents, statements, or other types of information which describe
the identity and probable location of the person sought;
(b) information describing the facts of the offense and the procedural
history of the case;
(c) a statement of the relevant text of the provisions of the laws
describing the essential elements of the offense for which extradition
is requested;
(d) a statement of the relevant text of the provisions of law prescribing
punishment for the offense;
(e) a statement of the provisions of law describing any time limit on the
prosecution; and
(f) the documents, statements, or other types of information specified in
paragraph 3 or paragraph 4 of this Article, as applicable.
3. A request for extradition of a person who is sought for prosecution also shall
include:
(a) a copy of the warrant or order of arrest issued by a judge, court, or
other authority competent for this purpose;
(b) a copy of the charging document; and
(c) such information as would provide a reasonable basis to believe that
the person sought committed the offense for which extradition is
sought.
4. A request for extradition relating to a person who has been convicted of the
offense for which extradition is sought also shall include:
(a) a copy of the judgment of conviction, or, if a copy is not available, a
statement by a judicial authority that the person has been convicted;
(b) information establishing that the person sought is the person to
whom the finding of guilt refers;
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(c) a copy of the sentence imposed, if the person sought has been
sentenced, and a statement establishing to what extent the sentence
has been carried out; and
(d) in the case of a person who has been convicted in absentia the
documents required by paragraph 3.
Article 9
Admissibility of Documents
A request for extradition shall be received and admitted as evidence in extradition
proceedings if:
(a) in the case of a request from the United States, it is certified by the
signature and official seal of the executive authority of the
Requesting State;
(b) in the case of a request from the Republic of Lithuania, it is certified
by the principal diplomatic or principal consular officer of the United
States resident in the Republic of Lithuania, as provided by the
extradition laws of the United States; or
(c) it is certified or authenticated in any other manner acceptable by the
laws in the Requested State.
Article 10
Translation
All documents submitted by the Requesting State shall be translated into the
language of the Requested State.
Article 11
Provisional Arrest
1. In case of urgency, the Requesting State may request the provisional arrest
of the person sought pending presentation of the request for extradition. A request for
provisional arrest may be transmitted through the diplomatic channel or directly between
the United States Department of Justice and the Office of the Public Prosecutor of the
Republic of Lithuania. The facilities of the International Criminal Police Organization
(Interpol) also may be used to transmit such a request.
2. The application for provisional arrest shall contain:
(a) a description of the person sought;
(b) the location of the person sought, if known;
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(c) a brief statement of the facts of the case, including, if possible, the
time and location of the offense;
(d) a description of the law(s) violated;
(e) a statement of the existence of a warrant of arrest or a finding of guilt
or judgment of conviction against the person sought; and
(f) a statement that the documents supporting the extradition request for
the person sought will follow within the time specified in this treaty.
3. The Requesting State shall be notified without delay of the disposition of its
request for provisional arrest and the reasons for any inability to proceed with the request.
4. A person who is provisionally arrested may be discharged from custody
upon the expiration of sixty (60) days from the date of provisional arrest pursuant to this
Treaty if the executive authority of the Requested State has not received the request for
extradition required in Article 8. For this purpose, receipt of the request for extradition by
the Embassy of the Requested State in the Requesting State shall constitute receipt by the
executive authority of the Requested State.
5. The fact that the person sought has been discharged from custody pursuant
to paragraph 4 of this Article shall not prejudice the subsequent rearrest and extradition of
that person if the extradition request and supporting documents are delivered at a later date.
Article 12
Decision and Surrender
1. The Requested State shall promptly notify the Requesting State of its
decision on the request for extradition.
2. If the request is denied in whole or in part, the Requested State shall provide
an explanation of the reasons for the denial. The Requested State shall provide copies of
pertinent judicial decisions upon request.
3. If the request for extradition is granted, the authorities of the Requesting and
Requested States shall agree on the time and place for the surrender of the person sought.
4. If the person sought is not removed from the territory of the Requested State
within the time period prescribed by the law of that State, that person may be discharged
from custody, and the Requested State, in its discretion, may subsequently refuse
extradition for the same offense.
Article 13
Temporary and Deferred Surrender
1. If the extradition request is granted in the case of a person who is being
proceeded against or is serving a sentence in the Requested State, the Requested State may
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temporarily surrender the person sought to the Requesting State for the purpose of
prosecution. The person so surrendered shall be kept in custody in the Requesting State and
shall be returned to the Requested State after the conclusion of the proceedings against that
person, in accordance with conditions to be determined by mutual agreement of the
Requesting and Requested States.
2. The Requested State may postpone the extradition proceedings against a
person who is being prosecuted or who is serving a sentence in that State. The
postponement may continue until the prosecution of the person sought has been concluded
or until such person has served any sentence imposed.
Article 14
Requests for Extradition Made by Several States
If the Requested State receives requests from the Requesting State and from any
other State or States for the extradition of the same person, either for the same offense or
for different offenses, the executive authority of the Requested State shall determine to
which State, if any, it will surrender the person. In making its decision, the Requested State
shall consider all relevant factors, including but not limited to:
(a) whether the requests were made pursuant to a treaty;
(b) the place where each of the offenses was committed;
(c) the respective interests of the Requesting States;
(d) the gravity of the offenses;
(e) the nationality of the victim;
(f) the possibility of any subsequent extradition between the requesting States; and
(g) the chronological order in which the requests were received from the Requesting
States.
Article 15
Seizure and Surrender of Property
1. To the extent permitted under its law, the Requested State may seize and
surrender to the Requesting State all items, including articles, documents, and evidence,
that are connected with the offense in respect of which extradition is granted. The items
mentioned in this Article may be surrendered even when the extradition cannot be effected
due to the death, disappearance, or escape of the person sought.
2. The Requested State may condition the surrender of the items upon
satisfactory assurances from the Requesting State that the property will be returned to the
Requested State as soon as practicable. The Requested State may also defer the surrender of
such items if they are needed as evidence in the Requested State.
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3. The rights of third parties in such items shall be duly respected in
accordance with the laws of the Requested State.
Article 16
Rule of Speciality
1. A person extradited under this Treaty may not be detained, tried, or
punished in the Requesting State except for:
(a) any offense for which extradition was granted, or a differently denominated
offense based on the same facts as the offense for which extradition was
granted, provided such offense is extraditable, or is a lesser included offense;
(b) any offense committed after the extradition of the person; or
(c) any offense for which the executive authority of the Requested State consents to
the person's detention, trial, or punishment. For the purpose of this
subparagraph:
(i) the Requested State may require the submission of the documentation
called for in Article 8; and
(ii) the person extradited may be detained by the Requesting State for 90
days, or for such longer period of time as the Requested State may
authorize, while the request is being processed.
2. A person extradited under this Treaty may not be extradited to a third State
or extradited or surrendered to an international tribunal for any offense committed prior to
extradition unless the Requested State consents.
3. Paragraphs 1 and 2 of this Article shall not prevent the detention, trial, or
punishment of an extradited person, or the extradition of that person to a third State, if:
(a) that person leaves the territory of the Requesting State after extradition
and voluntarily returns to it; or
(b) that person does not leave the territory of the Requesting State within 10
days of the day on which that person is free to leave.
Article 17
Consent to Waiver of Extradition Proceedings
If the person sought consents in writing to be surrendered to the Requesting State,
the Requested State may surrender the person as expeditiously as possible without further
proceedings.
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Article 18
Transit
1. Either State may authorize transportation through its territory of a person
surrendered to the other State by a third State. A request for transit shall be transmitted
through the diplomatic channel or directly between the United States Department of Justice
and the Ministry of Justice of the Republic of Lithuania. The facilities of the International
Criminal Police Organization (Interpol) may also be used to transmit such a request to the
above-mentioned authorities. The request for transit shall contain a description of the
person being transported and a brief statement of the facts of the case. A person in transit
may be detained in custody during the period of transit.
2. Authorization is not required when air transportation is used by one State
and no landing is scheduled on the territory of the other State. If an unscheduled landing
does occur, the State in which the unscheduled landing occurs may require a request for
transit pursuant to paragraph 1, and it may detain the person until the request for transit is
received and the transit is effected, as long as the request is received within 48 hours of the
unscheduled landing.
Article 19
Representation and Expenses
1. The Requested State shall advise, assist, appear in court on behalf of, and
represent the interests of the Requesting State in any proceedings arising out of a request
for extradition.
2. The Requesting State shall pay all the expenses related to the translation of
extradition documents and the transportation of the person surrendered. The Requested
State shall pay all other expenses incurred in that State in connection with the extradition
proceedings.
3. Neither State shall make any pecuniary claim against the other State arising
out of the arrest, detention, examination, or surrender of persons under this Treaty.
Article 20
Consultation
The United States Department of Justice and the Office of the Public Prosecutor and
the Ministry of Justice of the Republic of Lithuania may consult with each other in
connection with the processing of individual cases and in furtherance of efficient
implementation of this Treaty.
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Article 21
Application
This Treaty shall apply to offenses committed before as well as after the date it
enters into force.
Article 22
Ratification, Entry into Force and Termination
1. This Treaty shall be subject to ratification; the instruments of ratification
shall be exchanged as soon as possible.
2. This Treaty shall enter into force upon the exchange of the instruments of
ratification.
3. Upon the entry into force of this Treaty, the Treaty of Extradition between
the United States of America and the Republic of Lithuania, signed at Kaunas, April 9,
1924, and the Supplementary Extradition Treaty signed at Washington, May 17, 1934, shall
cease to have any effect. Nevertheless, the prior Treaties shall apply to any extradition
proceedings in which the extradition documents have already been submitted to the courts
of the Requested State at the time this Treaty enters into force, except that Article 17 of this
Treaty shall be applicable to such proceedings. Article 16 of this Treaty shall apply to
persons found extraditable under the prior Treaties.
4. With respect to any extradition proceedings in which the request for
extradition was received by the Requested State but not submitted to its courts before the
entry into force of this Treaty, the Requesting State, after entry into force of this Treaty,
may amend or supplement the request for extradition as necessary in order for it to be
submitted to the courts of the Requested State under this Treaty.
5. Either State may terminate this Treaty at any time by giving written notice to
the other State, and the termination shall be effective six months after the date of such
notice.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their
respective Governments, have signed this Treaty.
DONE at Vilnius, in duplicate, this 23 day of October 2001, in the English and
Lithuanian languages, both texts being equally authentic.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA: THE REPUBLIC OF LITHUANIA:
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