U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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99–118

" ! SENATE 107TH CONGRESS

2d Session

TREATY DOC.

2002

107–4

EXTRADITION TREATY WITH LITHUANIA

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

EXTRADITION TREATY BETWEEN THE GOVERNMENT OF THE

UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE

REPUBLIC OF LITHUANIA, SIGNED AT VILNIUS ON OCTOBER 23,

2001

MAY 7, 2002.—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, May 6, 2002.

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 Extradition Treaty Between

the Government of the United States of America and the Government of the Republic of Lithuania, signed at Vilnius on October 23,

2001.

In addition, I transmit for the information of the Senate, the report of the Department of State with respect to the Treaty. As the

report explains, the Treaty will not require implementing legislation.

The provisions in this Treaty follow generally the form and content of modern extradition treaties recently concluded by the

United States and will replace the Extradition Treaty of April 9,

1924, between the two countries and the Supplementary Extradition Treaty of May 17, 1934. In conjunction with the new U.S.—

Lithuania Mutual Legal Assistance Treaty that took effect in 1999,

the Treaty will, upon entry into force, enhance cooperation between

the law enforcement communities of the two countries. It will

thereby make a significant contribution to international law enforcement efforts against serious offenses, including terrorism, organized crime, and drug-trafficking offenses.

I recommend that the Senate give early and favorable consideration to the Treaty and give its advice and consent to ratification.

GEORGE W. BUSH.

(V)

LETTER OF SUBMITTAL

APRIL 22, 2002.

THE PRESIDENT: I have the honor to submit to you the Extradition Treaty Between the Government of the United States of

America and the Government of the Republic of Lithuania, signed

at Vilnius on October 23, 2001. The Treaty will replace the Extradition Treaty of April 9, 1924, and the Supplementary Treaty of

May 17, 1934, currently in force between the two countries. I recommend that the Treaty be transmitted to the Senate for its advice

and consent to ratification.

The Treaty follows generally the form and content of other extradition treaties recently concluded by the United States. The Treaty

represents a major step forward in U.S. efforts to strengthen cooperation with countries in the region in combating terrorism, organized crime, drug trafficking and other offenses. Modernization

of law enforcement relations with the Baltic states is an important

part of a concerted effort by the Department of State and the Department of Justice to improve the legal tools available for the extradition of serious offenders. The Treaty is designed to be self-executing, and will not require implementing legislation.

Article 1 obligates each Party to extradite to the other, pursuant

to the provisions of the Treaty, persons whom the authorities in the

Requesting State have charged with or convicted of an extraditable

offense.

Article 2 concerns extraditable offenses. Article 2(1) defines an

extraditable offense as one 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. Use of such a ‘‘dual criminality’’ clause

rather than a list of offenses covered by the Treaty, as in the 1924

U.S.—Lithuania Extradition Treaty and the 1934 Supplementary

Treaty, obviates the need to renegotiate or supplement the Treaty

as additional offenses become punishable under the laws in both

States.

Article 2(2) defines an extraditable offense further as including

an attempt or a conspiracy to commit or participation in the commission of, an offense described in paragraph 1.

Additional flexibility is provided by Article 2(3), which provides

that an offense shall be an extraditable offense whether or not (a)

the laws in both States place the offense within the same category

of offenses or describe the offense by the same terminology; or (b)

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 matters being merely for the purpose of establishing jurisdiction in a United States federal court.

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Under Article 2(4) extradition shall be granted regardless of

where the act or acts constituting the extraditable offense were

committed.

Finally, Article 2(5) provides that if extradition is granted for an

extraditable offense, it shall also be granted for any other offense

specified in the request even if that offense does not meet the minimum penalty requirement, provided that all other extradition requirements are met.

Article 3 provides that extradition shall not be refused based on

the nationality of the person sought.

Articles 4 and 5 set forth bases for denial of extradition. As is

customary in extradition treaties, Article 4, paragraph 1 bars extradition if the offense for which extradition is requested is a political offense.

Article 4(2) expressly excludes from the reach of the political offense exception six categories of offenses: (a) a murder or other violent crime against a Head of State of the Requesting or Requested

State, or a member of the Head of State’s family; (b) an offense for

which both 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 kidnapping, 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.

Article 4(3) requires that extradition not be granted if the executive authority of the Requested State determines that the request

was politically motivated. Finally, paragraph 4 provides that the

executive authority of the Requested State may also refuse extradition for offenses under military law that are not offenses under

ordinary criminal law (for example, desertion).

Under Article 5, 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.

Article 5(2) provides that extradition shall not be precluded by

the fact that the competent authorities of the Requested State have

decided (a) not to prosecute such person for the same acts for which

extradition is sought; (b) to discontinue criminal proceedings

against the person for those acts; or (c) to investigate the person

sought for the same acts.

Article 6 provides that the decision whether to extradite shall be

made without regard to the law of either State concerning lapse of

time.

Article 7 concerns capital punishment. Under Article 7, when the

offense for which extradition is sought is punishable by death

under the laws in the Requesting State but not under the laws in

the Requested State, the Requested State may grant extradition on

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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 may

be denied. The United States has agreed to similar formulations in

other modern extradition treaties.

Article 8 establishes the procedures and describes the documents

that are required to support a request for extradition. All requests

for extradition must be submitted through the diplomatic channel.

Among other requirements, Article 8(3) provides that a request for

the extradition of a person sought for prosecution must be supported by such information as would provide a reasonable basis to

believe that the person sought committed the offense for which extradition is sought. A request for extradition of a person who has

been convicted in absentia must be supported by the documents required in a request for a person who is sought for prosecution.

Article 9 establishes that a request for extradition shall be received and admitted as evidence in extradition proceedings if: (a)

a request from the United States is certified by the signature and

official seal of its executive authority; (b) a request from the Republic of Lithuania is certified by the principal diplomatic or consular

officer of the United States resident in the Republic of Lithuania,

as provided by the extradition laws of the United States; or (c) a

request is certified or authenticated in any other manner acceptable by the laws in the Requested State.

Article 10 requires that all documents submitted by the Requesting State be translated into the language of the Requested State.

Article 11 sets forth procedures and describes the documents that

are required for the provisional arrest and detention of the person

sought, in case of urgency, pending presentation of the request for

extradition. In particular, Article 11(4) provides that if the Requested State’s executive authority has not received the request for

extradition and supporting documents required by Article 8 within

sixty days from the date of provisional arrest, the person may be

discharged from custody. For this purpose, receipt of the request

for extradition by the Embassy of the Requested State in the Requesting State constitutes receipt by the executive authority of the

Requested State. Article 11(5) explicitly provides that the discharge

of a person from custody pursuant to Article 11(4) does not prejudice the person’s subsequent rearrest and extradition if the extradition request and supporting documents are delivered at a later

date.

Article 12 specifies the procedures governing a decision on the

extradition request and the surrender of the person sought. It requires the Requested State to promptly notify the Requesting State

of its decision regarding a request. If the request is denied in whole

or in part, the Requested State is required to provide an explanation of the reasons for the denial and, upon request, copies of

pertinent decisions. If 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. If the person sought is not

removed from the territory of the Requested State within the time

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period prescribed by the law of that State, the person may be discharged from custody and the Requested State, in its discretion,

may subsequently refuse extradition for the same offense.

Article 13 addresses temporary and deferred surrender. Under

Article 13(1) if a person whose extradition is sought is being proceeded against or is serving a sentence in the Requested State, that

State may temporarily surrender the person to the Requesting

State for the purpose of prosecution. The person so surrendered is

to be kept in custody in the Requesting State and returned to the

Requested State after the conclusion of the proceedings against

that person, on conditions to be determined by mutual agreement

of the two States. Alternatively, the Requested State may postpone

the extradition proceedings against such a person until its prosecution has been concluded or the sentence has been served.

Article 14 provides a non-exclusive list of factors to be considered

by the executive authority of the Requested State in determining

to which State, if any, to surrender a person whose extradition is

sought by more than one State.

Article 15 provides that the Requested State may, to the extent

permitted under its law, seize and surrender to the Requesting

State all items, including articles, documents and evidence connected with the offense for which extradition is granted. Such

items may be surrendered even if the extradition cannot be effected

due to the death, disappearance, or escape of the person sought.

Surrender of such items may be conditioned on satisfactory assurances from the Requesting State that the property will be returned

to the Requested State as soon as practicable, and may be deferred

if the items are needed as evidence in the Requested State. Article

15(3) provides that the rights of third parties in such items must

be duly respected in accordance with the laws of the Requested

State.

Article 16 sets forth the rule of speciality under international

law. Paragraph 1 provides, subject to specific exceptions set forth

in paragraph 3, that a person extradited under the Treaty may not

be detained, tried or punished in the Requesting State except for

any offense (a) 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 differently denominated offense is extraditable, or is a lesser included offense; (b)

committed after the extradition of the person; or (c) for which the

executive authority of the Requested State consents to the person’s

detention, trial, or punishment.

Article 16(2) provides that a person extradited under the 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. The restrictions of

paragraphs 1 and 2 do not apply if the person has left the territory

of the Requesting State after extradition and voluntarily returns to

it; or does not leave the territory of the Requesting State within 10

days of the day on which the person is free to leave.

Article 17 permits surrender without further proceedings if the

person sought consents in writing to be surrendered.

Article 18 governs the transit through the territory of one State

of a person surrendered to the other State by a third country.

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Article 19 contains provisions on representation and expenses

that are similar to those found in other modern U.S. extradition

treaties. Specifically, the Requested State is required to 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. The Requested State also bears all expenses incurred in

that State in connection with the extradition proceedings, except

that the Requesting State pays expenses related to translation of

extradition documents and the transportation of the person surrendered. Article 19(3) specifies that neither State shall make any pecuniary claim against the other arising out of the arrest, detention,

examination, or surrender of persons under the Treaty.

Article 20 provides that the United States Department of Justice

and the Lithuanian Office of the Public Prosecutor and Ministry of

Justice may consult with each other in connection with the processing of individual cases and in furtherance of efficient implementation of the Treaty.

Article 21 makes the Treaty applicable to offenses committed before as well as after the date it enters into force.

Article 22 contains final clauses dealing with the Treaty’s entry

into force and termination. It provides that the Treaty is subject to

ratification and that the treaty shall enter into force upon the exchange of instruments of ratification, which is to take place as soon

as possible. Either State may terminate the Treaty with six months

written notice to the other State. Article 22(3) provides that, upon

entry into force of the 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. The same provision provides, nevertheless, that the prior

Treaties do apply to any extradition proceedings in which the extradition documents have already been submitted to the courts of

the Requested State at the time the Treaty enters into force, except

that Article 17 of the Treaty (Consent to Waiver of Extradition Proceedings) shall be applicable to such proceedings and Article 16 of

the Treaty (Rule of Speciality) shall apply to persons found extraditable under the prior Treaties.

Article 22(4) provides that, after entry into force of the Treaty,

with respect to any extraction proceedings in which the request for

extradition was received by the Requested State but not submitted

to its courts before entry into force, the Requesting State may

amend or supplement the request as necessary in order for it to be

submitted to the courts of the Requested State under the Treaty.

A Technical Analysis explaining in detail the provisions of the

Treaty is being prepared by the United States negotiating delegation, consisting of representatives from the Departments of Justice

and State, and will be transmitted separately to the Senate Committee on Foreign Relations.

The Department of Justice joins the Department of State in favoring approval of this Treaty by the Senate at the earliest possible

date.

Respectfully submitted,

COLIN L. POWELL.

(1)

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