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LAW ON TREATIES

LAW ON TREATIES official translation REPUBLIC OF LITHUANIA LAW ON TREATIES 22 June 1999 No. VIII-1248 Vilnius I. GENERAL PROVISIONS Article

  1. Treaties of the Republic of Lithuania
  2. A treaty of the Republic of Lithuania means an international agreement concluded between the Republic of Lithuania and foreign states and international organisations in written form and governed by international law, whatever its particular designation and regardless of whether it is embodied in a single instrument or two or more related instruments.
  3. Agreements concluded on behalf of and according to the competence of the ministries or Government institutions or other state institutions of the Republic of Lithuania with the appropriate institutions or organisations of foreign states shall not be viewed as treaties to which the Republic of Lithuania is a party. The procedure of drawing up and conclusion of the above agreements shall be established by the Government of the Republic of Lithuania. The said agreements shall be registered in a separate register the administrator whereof is the Ministry of Foreign Affairs. Article
  4. Scope of the Law This Law establishes the procedure of drawing up and implementing treaties of the Republic of Lithuania irrespective of what institution or officer concluded the treaty of the Republic of Lithuania in the prescribed manner. II. CONCLUSION OF TREATIES OF THE REPUBLIC OF LITHUANIA Article
  5. Right of Initiative to Conclude Treaties of the Republic of Lithuania The right of initiative to conclude treaties of the Republic of Lithuania shall be vested in the President, the Prime Minister, the Minister of Foreign Affairs of the Republic of Lithuania, the Government of the Republic of Lithuania or, in the procedure established by it, ministries of the Republic of Lithuania and Government agencies. Article
  6. Taking Decisions on the Expediency of the Conclusion of Treaties of the Republic of Lithuania
  7. Decisions on the expediency of conclusion of treaties of the Republic of Lithuania shall be taken, in accordance with the requirements of the Constitution of the Republic of Lithuania, this Law and other laws as well as international law, by the President, the Government of the Republic of Lithuania or the Ministry of Foreign Affairs on the instruction of and according to the procedure established by the Government.
  8. When taking a decision on the expediency of the conclusion of a treaty of the Republic of Lithuania, conformity of the provisions of the draft treaty with the Constitution of the Republic of Lithuania, the basic principles and objectives of foreign policy and national security of the Republic of Lithuania, the requirements of this Law, the principles and norms of international law must be considered. Article
  9. Powers to Conclude Treaties of the Republic of Lithuania
  10. The President, the Prime Minister or the Minister of Foreign Affairs of the Republic of Lithuania shall be entitled, without possessing special powers, to perform all acts relating to the conclusion of treaties of the Republic of Lithuania.
  11. The head of a diplomatic mission of the Republic of Lithuania or the authorised representative of the Republic of Lithuania at an international conference, international organisation or one of its bodies shall be entitled to negotiate the conclusion of a treaty or to approve its text without possessing special powers for the purpose, accordingly, with the State to which he is accredited or at the international organisation, international conference or one of its bodies.
  12. Other persons may perform acts relating to the conclusion of the treaty of the Republic of Lithuania only provided they possess powers granted to them according to the procedure established in Article 6 of this Law. Article
  13. Procedure for Granting Powers to Conclude Treaties of the Republic of Lithuania
  14. After a decision has been taken to conclude a treaty according to the procedure laid down in Article 4 of this Law, powers to perform the acts relating to the conclusion of treaties of the Republic of Lithuania specified in Article 7 of this Law shall be granted by the President of the Republic of Lithuania on the advice of the Government of the Republic of Lithuania or by the Prime Minister on the instruction of the President of the Republic of Lithuania. The powers to perform acts relating to the conclusion of treaties of the Republic of Lithuania, with the exception of treaties specified in Article 7 of this Law, shall be granted by the Prime Minister of the Republic of Lithuania on the advice of a ministry or Government agency within whose competence is the drawing up of the treaty, provided the Ministry of Foreign Affairs has given its approval thereto.
  15. The powers for concluding treaties of the Republic of Lithuania which are not subject to authentication provided for in Article 9

(1)of this Law shall be granted by the Government of the Republic of Lithuania on the advice of a ministry or Government agency within whose competence is the drawing up of the treaty, provided the Ministry of Foreign Affairs has given its approval thereto.
  1. Full powers shall be issued by the Ministry of Foreign Affairs of the Republic of Lithuania according to the procedure established by the Government of the Republic of Lithuania.
  2. Full powers shall be registered in the register of full powers at the Ministry of Foreign Affairs of the Republic of Lithuania. Article
  3. Treaties of the Republic of Lithuania Subject to Ratification
  4. The following treaties are subject to ratification: 1) on the determination and changing of the state borders of the Republic of Lithuania, on the delimitation of its exclusive economic zone and continental shelf; 2) on political co-operation with foreign states, mutual assistance as well as defensive treaties relating to state defence; 3) on refraining from the use of force or threat of force, also peace treaties; 4) on the presence of the armed forces of the Republic of Lithuania and their status in the territories of foreign states; 5) on the participation of the Republic of Lithuania in universal international organisations and regional international organisations; 6) multilateral or long-term economic treaties which are concluded for over a 5 year period; 7) on the presence of foreign state army units and their status in the territory of the Republic of Lithuania; 8) establishing legal norms other than the effective laws of the Republic of Lithuania.
  5. Also subject to ratification shall be treaties in which their ratification is provided for. Article
  6. Procedure of Ratification of Treaties of the Republic of Lithuania
  7. Treaties of the Republic of Lithuania shall be ratified by the Seimas of the Republic of Lithuania by a law.
  8. Treaties of t he Republic of Lithuania shall be submitted to the Seimas of the Republic of Lithuania for ratification by the President of the Republic of Lithuania on his own initiative or on the proposal of the Government.
  9. Instruments of ratification shall be drawn up on the basis of the law specified in paragraph 1 of this Article. Article
  10. Authentication of Treaties of the Republic of Lithuania
  11. The treaties of the Republic of Lithuania for which ratification procedure is not provided for in the Constitution of the Republic of Lithuania and this Law shall be authenticated by the Government of the Republic of Lithuania, unless otherwise provided for in the treaty itself and unless full powers have been granted under Article 6
(2)of this Law for the conclusion thereof.
  1. The Government of the Republic of Lithuania shall authenticate the treaty by a resolution.
  2. Treaties shall be submitted to the Government of the Republic of Lithuania for authentication by the ministry, within whose competence is the implementation of the treaty, upon agreeing it with the Ministry of Foreign Affairs.
  3. Paragraph 1 of this Article shall not apply to treaties signed by the President of the Republic. Article
  4. Competence of the Ministry of Foreign Affairs of the Republic of Lithuania in the Process of Entry into Force of Treaties of the Republic of Lithuania International acts relating to the entry into force, validity and operation of a treaty of the Republic of Lithuania (preparation and depositing of documents required for the entry into force of the treaty, delivery of the treaty to the depository for safekeeping, notification of suspension or termination of operation, etc.) shall be carried out by the Ministry of Foreign Affairs of the Republic of Lithuania. III. IMPLEMENTATION OF TREATIES OF THE REPUBLIC OF LITHUANIA Article
  5. Binding Character of Treaties of the Republic of Lithuania
  6. The treaties of the Republic of Lithuania that have entered into force shall be binding in the Republic of Lithuania.
  7. If a ratified treaty of the Republic of Lithuania which has entered into force establishes norms other than those established by the laws, other legal acts of the Republic of Lithuania which are in force at the moment of conclusion of the treaty or which entered into force after the entry into force of the treaty, the provisions of the treaty of the Republic of Lithuania shall prevail.
  8. If a law or any other legal act has to be passed for the purpose of implementation of a treaty of the Republic of Lithuania, the Government of the Republic of Lithuania shall submit to the Seimas according to the established procedure a draft of the appropriate law or shall adopt an appropriate resolution of the Government or ensure according to its competence the passing of another legal act. Article
  9. Implementation of Treaties of the Republic of Lithuania
  10. The Government of the Republic of Lithuania shall ensure implementation of treaties of the Republic of Lithuania.
  11. A treaty of the Republic of Lithuania may also establish special rules for the implementation of the treaty. Article
  12. Amending and Supplementing Treaties of the Republic of Lithuania A treaty of the Republic of Lithuania may be amended or supplemented based on the norms of international law and according to the procedure established in Chapter II of this Law., unless otherwise established in the treaty. Article
  13. Denunciation of Treaties of the Republic of Lithuania or Suspension of their Operation
  14. Treaties of the Republic of Lithuania may be denounced or their operation may be suspended only pursuant to the provisions of the treaties, norms of international law and according to the procedure established by this Law.
  15. The decision concerning denunciation of a treaty of the Republic of Lithuania or suspension of its operation according to the universally recognised norms of international law shall be taken by the Government of the Republic of Lithuania, except for the ratified valid treaties the issue of denunciation or suspension of operation whereof shall be decided by the Seimas of the Republic of Lithuania on the advice of the President of the Republic of Lithuania (on his initiative or upon the proposal of the Government of the Republic of Lithuania). IV. FINAL PROVISIONS Article
  16. Registration of Treaties of the Republic of Lithuania All treaties of the Republic of Lithuania shall be registered in the Register of Treaties of the Republic of Lithuania at the Ministry of Foreign Affairs of the Republic of Lithuania. Article
  17. Publication of Treaties of the Republic of Lithuania Treaties of the Republic of Lithuania shall be published in the publication "Valstybės žinios" (Official gazette) on the advice of the Ministry of Foreign Affairs. Article
  18. Registration of Treaties of the Republic of Lithuania at the Secretariat of the United Nations After their entry into force treaties of the Republic of Lithuania shall be transmitted by the Ministry of Foreign Affairs of the Republic of Lithuania to the Secretariat of the United Nations for registration. Article
  19. Repealing "Law on International Treaties of the Republic of Lithuania" After the entry into force of this Law, the Law of the Republic of Lithuania on International Treaties of the Republic of Lithuania shall be repealed. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

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