GOVERNMENT OF THE REPUBLIC OF LITHUANIA

GOVERNMENT OF THE REPUBLIC OF LITHUANIA Official translation 12 November 2008 Government of the Republic of Lithuania RESOLUTION No 1179 of 1 October 2001 establishing the rules of drawing up and concluding treaties of the Republic of Lithuania (as amended by Resolution No 743 of 16 June 2004, Resolution No 1553 of 3 December 2004, Resolution No 1410 of 22 December 2005, and Resolution No 1349 of 19 December 2007) Vilnius Pursuant to the Law of the Republic of Lithuania on Treaties (Valstybės žinios (Official Gazette) No 60-1948, 1999), the Government of the Republic of Lithuania has resolved:

1. To approve the Rules of Drawing Up and Concluding Treaties of the Republic of Lithuania (as appended);
2. To repeal Resolution No 5 of 7 January 1992 of the Government of the Republic of Lithuania concerning the Procedure of Implementation of the Law of the Republic of Lithuania on Treaties (Valstybės žinios (Official Gazette) No 12-321, 1992). Prime Minister Algirdas Brazauskas Minister of Foreign Affairs Antanas Valionis __________________ APPROVED by Resolution No 1179 of 1 October 2001 of the Government of the Republic of Lithuania RULES OF DRAWING UP AND CONCLUDING TREATIES OF THE REPUBLIC OF LITHUANIA
3. Ministries and Government agencies shall have the right to initiate the conclusion of treaties of the Republic of Lithuania (hereinafter referred to as treaties) on the issues falling within their respective competence. Responsibility shall lie with that ministry or Government agency which has initiated the conclusion of the treaty, unless the Government of the Republic of Lithuania decides otherwise. The responsible ministry or Government agency whose competence covers the issues governed by the treaty shall be the key implementer of the treaty, unless the treaty provides for otherwise.
4. Acts relating to the conclusion of the treaty may be taken only if there is a positive decision on the expediency of conclusion of the treaty. The decision on the expediency of conclusion of the treaty shall be taken by the Ministry of Foreign Affairs. Applying to the Ministry of Foreign Affairs for such a decision, the responsible ministry or Government agency shall submit the draft text of the treaty. When the responsible ministry or Government agency initiates the conclusion of the treaty without having the draft text of the treaty, it shall submit an explanatory letter instead. In the explanatory letter, the ministry or Government agency shall specify the purposes and describe the principle provisions of the treaty to be concluded. When the Ministry of Foreign Affairs has doubts about the treaty before taking the decision concerning the conclusion of the treaty, the Ministry may ask other relevant ministries or Government agencies to submit, in writing, their opinions on the expediency of conclusion of the treaty. If the responsible ministry or Government agency does not agree to the decision taken by the Ministry of Foreign Affairs on the expediency of conclusion of the treaty, the issue of the expediency of conclusion of the treaty shall be decided by the Government of the Republic of Lithuania. When the conclusion of the treaty is provided for in a programme or other document approved by a law of the Republic of Lithuania or by a resolution of the Government, the decision on the expediency of conclusion of the treaty shall be deemed to have been already taken. The procedure for taking the decision on the expediency of conclusion of the treaty laid down in this present paragraph shall be followed in the cases when there is no decision of the President of the Republic on the expediency of conclusion of the treaty. The procedure for taking the decision on the expediency of conclusion of the treaty laid down in this present paragraph shall not be applicable to the conclusion of an international agreement of the European Communities and the Republic of Lithuania, as the Member State of the European Union, acting as one party to the agreement (hereinafter referred to as the international mixed agreement). The decision on the expediency of conclusion of the international mixed agreement shall be taken on the basis of the Constitutional Act of the Republic of Lithuania on Membership of the Republic of Lithuania in the European Union (Valstybės žinios (Official Gazette) No 111-4123, 2004), and of laws and other legal acts governing the preparation and harmonization of a position of the Republic of Lithuania concerning draft legal acts and documents debated at the institutions of the European Union.
5. The text of the treaty drafted by a ministry or Government agency in the Lithuanian language (and in the relevant foreign language, if the text is available) shall be sent to relevant ministries and Government agencies for review in accordance with the review procedure of draft legal acts laid down in the Rules of Procedure of the Government of the Republic of Lithuania, with the exception that the draft text of the treaty shall be sent to the Ministry of Foreign Affairs for review only after it has been reviewed and agreed to by all other relevant ministries and Government agencies; the draft text of the treaty shall be sent to the Ministry of Foreign Affairs together with copies of opinions received from such other ministries and Government agencies during the review procedure. When the text of the treaty is drafted by the responsible ministry, the Lithuanian text of the treaty shall be visaed by the relevant minister. When the text of the treaty is drafted by a Government agency, the Lithuanian text of the treaty shall be visaed by the minister specially assigned to this end by the Government of the Republic of Lithuania.
6. Whoever is granted powers to perform acts relating to the conclusion of the treaty of the Republic of Lithuania, the responsible ministry or Government agency shall draft a legal act on the granting of powers to perform acts relating to the conclusion of the treaty and provided for in the Law of the Republic of Lithuania on Treaties (Valstybės žinios (Official Gazette) No 90-1948, 1999). Such draft legal act on the granting of powers shall be subject to the review procedure laid down in paragraph 3 of these Rules.
7. Applying to the Government of the Republic of Lithuania for the granting of powers to perform acts relating to the conclusion of the treaty which is subject to ratification, the responsible ministry or Government agency shall submit the following documents: 5.
8. the draft text of the treaty in the Lithuanian language, and, where applicable, in the relevant foreign language; 5.
9. opinions submitted by ministries or Government agencies during the review procedure; 5.
10. the draft resolution of the Government of the Republic of Lithuania to apply to the President of the Republic for the granting of powers; such resolution shall specify the relevant articles and/or paragraphs of the Constitution of the Republic of Lithuania and of the Law of the Republic of Lithuania on Treaties; 5.
11. the draft decree of the President of the Republic on the granting of powers; such decree shall specify the relevant articles and/or paragraphs of the Constitution of the Republic of Lithuania and of the Law of the Republic of Lithuania on Treaties; 5.
12. the decision of the Ministry of Foreign Affairs on the expediency of conclusion of the treaty.
13. Applying to the Prime Minister of the Republic of Lithuania for the granting of powers to perform acts relating to the conclusion of the international mixed agreement, the responsible ministry or Government agency shall submit the following documents: 51.
14. the draft text of the international mixed agreement in the Lithuanian language, and, where applicable, in the relevant foreign language; 51.
15. opinions submitted by the Ministry of Foreign Affairs and other ministries or Government agencies during the review procedure; 51.
16. the draft decree of the Prime Minister on the granting of powers; such decree shall specify the relevant articles and/or paragraphs of the Law of the Republic of Lithuania on Treaties; 51.
17. the draft decree of the President of the Republic giving a consent for the granting of such powers.
18. Applying to the Prime Minister for the granting of powers to perform acts relating to the conclusion of the treaty which is not subject to ratification, the responsible ministry or Government agency shall submit the following documents: 6.
19. the draft text of the treaty in the Lithuanian language, and, where applicable, in the relevant foreign language; 6.
20. opinions submitted by ministries or Government agencies during the review procedure; 6.
21. the draft decree of the Prime Minister on the granting of powers; such decree shall specify the relevant articles and/or paragraphs of the Law of the Republic of Lithuania on Treaties; 6.
22. the decision of the Ministry of Foreign Affairs on the expediency of conclusion of the treaty.
23. Applying to the Government of the Republic of Lithuania for the granting of powers to perform acts relating to the conclusion of the treaty which enters into force on the moment of signature or for the issuance of instructions to conclude, by an exchange of diplomatic notes, the agreement which enters into force on the date of such exchange of diplomatic notes, the responsible ministry or Government agency shall submit the following documents: 7.
24. the text of the treaty in the Lithuanian language, and, where applicable, in the relevant foreign language; 7.
25. opinions submitted by ministries or Government agencies during the review procedure; 7.
26. the draft resolution of the Government of the Republic of Lithuania on the granting of powers or on the issuance of instructions to conclude the agreement; such resolution shall specify the relevant articles and/or paragraphs of the Law of the Republic of Lithuania on Treaties; 7.
27. the decision of the Ministry of Foreign Affairs on the expediency of conclusion of the treaty.
28. When the Government of the Republic of Lithuania is applied to for the granting of powers specified in paragraphs 5–7 of these Rules, a summary of the results of the review procedure shall be submitted to the Government. The summary shall specify which proposals and comments were accepted and which not and the reasons for not accepting them.
29. The Ministry of Foreign Affairs shall issue full powers on the basis of the decree of the President of the Republic, resolution of the Government of the Republic of Lithuania or decree of the Prime Minister. The relevant ministry or Government agency shall apply, in writing, to the Ministry of Foreign Affairs for the issuance of full powers and shall submit, at the same time, the effective legal act on the granting of powers. The Ministry of Foreign Affairs shall issue full powers no later than within 10 working days of the date of receipt by the Ministry of Foreign Affairs of the letter whereby the ministry or Government agency asks to issue full powers. Full powers shall be signed by the Minister of Foreign Affairs.
30. The responsible ministry or Government agency shall arrange for the translation of the draft text of the treaty into the Lithuanian language or into the relevant foreign language. The translation of the treaty into the Lithuanian language or into the relevant foreign language shall be performed or the authenticity of the translation already performed shall be verified by the Office of the Government of the Republic of Lithuania, except for international mixed agreements which are translated into the Lithuanian language under responsibility of the Council of the European Union.
31. Proposals for the conclusion of treaties may be made and their draft texts in the Lithuanian and relevant foreign languages may be sent to foreign states and international organisations only through diplomatic channels and only after the decision on the expediency of conclusion of the treaty has been made and the review procedure pursuant to paragraph 3 of these Rules has been performed.
32. Ministries, Government agencies and other state institutions may conclude, within their competence, agreements with institutions of other states and international organisations only if such agreements do not contain legally binding obligations on the Government of the Republic of Lithuania, other ministries and Government agencies, if they are not in conflict with laws and other legal acts of the Republic of Lithuania and its international commitments, and if the implementation of such agreements does not require additional financing from the State budget of the Republic of Lithuania. Draft texts of such agreements shall be sent to the Ministry of Foreign Affairs for review, accompanied by opinions of the Ministry of Finance, the Ministry of Justice, and the European Law Department under the Ministry of Justice. The Lithuanian text of the agreement shall be visaed by the head of the ministry, Government agency or other state institution which concludes the agreement. If the agreement provides that the text in the foreign language shall prevail for interpretation purposes, the text in that foreign language shall also be submitted. Once the Ministry of Foreign Affairs has given its written consent to the conclusion of the agreement, the agreement shall be signed by the head of the respective ministry, Government agency or other state institution or by a person authorised to this end by the head of such ministry, Government agency or state institution. A paper and an electronic copy of the text of the agreement shall be submitted to the Ministry of Foreign Affairs which stores and handles information on such agreements.
33. The responsible ministry or Government agency may draft standard texts of treaties. Such draft standard texts of treaties shall be sent to relevant ministries and Government agencies for review in accordance with paragraph 3 of these Rules. The responsible ministry or Government agency shall submit to the Ministry of Foreign Affairs the draft standard text of the treaty in the Lithuanian and relevant foreign languages visaed by the relevant minister or the minister assigned to this end by the Government of the Republic of Lithuania, and the draft resolution of the Government of the Republic of Lithuania concerning the approval of the draft standard text of the treaty. The draft standard text of the treaty shall be approved by the Government of the Republic of Lithuania. The draft standard text of the treaty may be sent to foreign states or international organisations as provided for in paragraph 11 of these Rules without the additional review procedure under paragraph 3 of these Rules.
34. After each stage of negotiations on the treaty, the responsible ministry or Government agency shall report the progress and results of the negotiations to the Ministry of Foreign Affairs. Any correspondence with foreign states and international organisations regarding the treaty, except for international mixed agreements, shall be exchanged through diplomatic channels only.
35. Any proposals made during the negotiations to make major changes or additions to the draft text of the treaty shall be subject to the review procedure under paragraph 3 of these Rules. Negotiations may be resumed if the relevant ministries or Government agencies agree to the proposed changes and additions during the review procedure. If the relevant ministries or Government agencies do not agree to the proposed changes or additions to the draft text of the treaty, the expediency of such changes or additions shall be examined and decided by the Government of the Republic of Lithuania. If the changes or additions are not agreed to, the Government of the Republic of Lithuania shall instruct the responsible ministry or Government agency to make its own proposals.
36. When the responsible ministry or Government agency initiates the ratification procedure for the treaty under paragraph 3 of these Rules, the responsible ministry or Government agency shall draft: 16.
37. resolution of the Government of the Republic of Lithuania to apply to the President of the Republic with a request to propose to the Seimas of the Republic of Lithuania to ratify the treaty; this draft resolution shall specify, inter alia, the clause of the Constitution of the Republic of Lithuania on the basis of which the treaty is submitted for ratification (or the relevant provision of the Law of the Republic of Lithuania on Treaties, if the Constitution of the Republic of Lithuania does not provide for such basis). 16.
38. decree of the President of the Republic of Lithuania to propose to the Seimas to ratify the treaty; this draft decree shall specify the clause of the Constitution of the Republic of Lithuania on the basis of which the President of the Republic submits the treaty for ratification; 16.
39. law of the Republic of Lithuania on the ratification of the treaty; this draft law shall specify, inter alia, the clause of the Constitution of the Republic of Lithuania on the basis of which the treaty is ratified (or the relevant provision of the Law of the Republic of Lithuania on Treaties, if the Constitution of the Republic of Lithuania does not provide for such basis). The draft legal acts referred to in sub-paragraphs 16.1–16.3 shall be accompanied by the texts of the treaty in the Lithuanian and relevant foreign languages. The responsible ministry or Government agency shall submit the documents mentioned in this present paragraph to the Government of the Republic of Lithuania.
40. When the responsible ministry or Government agency initiates the approval procedure for the treaty, the responsible ministry or Government agency shall draft a resolution of the Government of the Republic of Lithuania concerning the approval of the treaty, initiate the review procedure for the said draft resolution under paragraph 3 of these Rules, and submit it to the Government of the Republic of Lithuania. The draft resolution of the Government of the Republic of Lithuania shall specify the relevant articles and/or paragraphs of the Law of the Republic of Lithuania on Treaties pursuant to which the treaty is to be approved. This draft resolution shall be accompanied by the text of the treaty in the Lithuanian and relevant foreign languages and the explanatory letter to the treaty.
41. If any reservations and/or representations are made regarding the treaty, the responsible ministry or Government agency shall report these to the relevant ministries and Government agencies during the review procedure under paragraph 3 of these Rules. The responsible ministry or Government agency shall include the text of these reservations and/or representations into the draft law of the Republic of Lithuania on the ratification of the treaty and the draft resolution of the Government of the Republic of Lithuania concerning the approval of the treaty, and shall arrange for the translation of these reservations and/or representations into the foreign language concerned. The withdrawal or amendment of the reservations and/or representations regarding the treaty shall be subject to the requirements of paragraphs 16 or 17 of these Rules.
42. The original copy of the signed treaty shall be forwarded, no later than within 10 working days, by the responsible ministry or Government agency to the Ministry of Foreign Affairs for storage. Together with the treaty, the responsible ministry or Government agency shall submit a document stating by whom, when and where the treaty was signed, and the electronic text of the treaty in the Lithuanian and, where available, relevant foreign languages. The Ministry of Foreign Affairs shall store the original and certified copies of treaties of the Republic of Lithuania and shall collect and process information on treaties.
43. The Ministry of Foreign Affairs shall draw up instruments of ratification of treaties, notifications on the completion of internal legal procedures and other instruments necessary for the treaty to come into force, shall deposit these instruments and ensure the transmission of these instruments to relevant foreign and international institutions, as well as exchange of these instruments. The Ministry of Foreign Affairs shall deposit treaties to a depository or shall act as a depository itself, if so provided for in the treaty.
44. Treaties shall be amended, supplemented, extended, denounced or suspended in accordance with Articles 13 and 14 of the Law of the Republic of Lithuania on Treaties and these Rules.
45. The Ministry of Foreign Affairs shall certify the authenticity of copies of signed treaties and forward such copies to relevant state institutions.
46. The Ministry of Foreign Affairs shall publish the treaties. To publish the treaty, the Ministry of Foreign Affairs shall send a paper and an electronic copy of the original text of the treaty in the Lithuanian language to the Official Gazette "Valstybės žinios". If the treaty is done in a foreign language only, the Ministry of Foreign Affairs shall send to the Official Gazette "Valstybės žinios" the translation, on paper and in the electronic form, of the treaty into the Lithuanian language certified by the Office of the Government of the Republic of Lithuania. International mixed agreements published in the Official Journal of the European Communities in the Lithuanian language shall not be published in the Official Gazette "Valstybės žinios". Only the laws on the ratification of international mixed agreements shall be sent, by the Ministry of Foreign Affairs, to the Official Gazette "Valstybės žinios" for publishing. The Ministry of Foreign Affairs shall publish, in the Official Gazette "Valstybės žinios", informational releases on the entry of treaties into force.