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107th Congress Treaty Doc. SENATE 2d Session 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 <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> 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 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. 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. 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 discontinuecriminal 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 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 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 theproperty 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. 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
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