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General Information
GDP USD48.2bn (World ranking 85, World Bank 2014)
Population 2.92 million (World ranking 137, World Bank 2014)
Form of state Parliamentary Democracy
Head of government Algirdas BUTKEVICIUS
Next elections October 2016, legislative

 

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Data Protection

Contribution Details

Prof. Dr. Mindaugas Kiškis

Associate Partner

Law

As a member of the European Union, Lithuania has implemented the EU Data Protection Directive 95/46/EC which is step by step amending its national legislation. Lithuania passed the Law on Legal Protection of Personal Data on 11 June 1996 (the “Data Protection Law”), which has been amended on 17 July 2000, 22 January 2002 and 21 January 2003 in order to transpose the provisions from the Directive. The latest modifications to the Data Protection Law came into force on 1 September 2011. They include amendments and new regulations on public polls, credit referencing agencies and public governance of data protection. Enforcement is carried out by the State Data Protection Inspectorate.

In addition, Lithuania has fully transposed the Directive 2006/24/EC (the Data Retention Directive ) into national law through the Law on Electronic Communications dated 15 April 2004 (latest amendments came into force on 1 August 2011). The Law on Electronic Communications governs protection of privacy in the area of electronic communications.

Definition of Personal Data

Any information relating to a natural person, the data subject, who is identified or who can be identified directly or indirectly by reference to such data as a personal identification number or one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.

Definition of Sensitive Personal Data

Data concerning racial or ethnic origin of a natural person, his political opinions or religious philosophical or other beliefs, membership in trade unions, and his health, sex life and criminal convictions.

National Data Protection Authority

The State Data Protection inspectorate (the “inspectorate”).

The Inspectorate’s mission is to ensure high level of data protection. The Inspectorate tries to ensure that data controllers and providers of public communications networks and publicly available electronic communications services fulfill the requirements set up for data protection.

Registration

Only data controllers who process data by automatic means are obliged to undergo mandatory registration. The Data Protection Law establishes the requirement, that such data processing may be carried out only when the data controller or his representative notifies the Inspectorate except cases where personal data is processed:

  • for the purposes of internal administration (including group level administration);
  • for political, philosophical, religious or trade union related purposes by a foundation, association or any other nonprofit organization on the condition that the personal data processed relates solely to the members of such organization or to other persons who regularly participate in its activities in connection with the purposes of such organizations;
  • by the media for the purpose of providing information to the public for artistic and literary expression; or
  • in accordance with regulation on state secrets and official secrets.
  • The data controller when notifying the Inspectorate of data processing has to submit a standard notification form, which includes information about:
  • the purpose of the data processing;
  • the groups of data subjects;
  • the sources of the personal data;
  • the groups of the receivers of the data;
  • the list of categories of personal data that are being processed;
  • the personal data transfers to foreign countries;
  • the personal data retention period;
  • the data processors; and
  • the list of security measures.
  • After notification, data controllers are registered in the State Register of Personal Data Controllers which is administered by the Inspectorate. The notification and registration of data controllers is free of charge.
  • If data is not processed by automatic means, there is no obligation to notify the Inspectorate. However, certain data processing may be carried out only if an authorization has been granted by the Inspectorate after prior checking of the data processing. The Inspectorate shall carry out prior checking of personal data processing in the following cases:
  • where the data controller intends to process sensitive personal data by automatic means, except where the processing is carried out for the purposes of internal administration or in the cases of prevention and investigation of criminal or other illegal activities, as well as court hearings;
  • ■     where the data controller intends to process public data files by automatic means, unless laws and other legal acts lay down a procedure for the disclosure of data;
  • where the data controller of state or institutional registers or information systems of state and municipal institutions intends to authorize the data processor to process personal data, except in cases where laws and other legal acts establish the right of the data controller to authorize a particular data processor to process personal data or where the data processor is a legal person established by the data controller;
  • health data is being processed by automatic means or for scientific medical research purposes;
  • data is being processed in relation to evaluating a person’s solvency and managing his/her debt; or
  • data is being processed for statistical, historical or scientific research purposes.

Data Protection Officers

Under the legislation of Lithuania the organizations (data controllers) have a right (but not an obligation) to designate a person to be responsible for the data protection (“Data Protection Officer”). The data controller must notify the Inspectorate of appointment or withdrawal of the data protection officer within 30 days.

The data protection officer shall:

  • make public the processing of personal data actions carried out by the data controller in accordance with the procedure established by the Government;
  • supervise as to whether personal data is processed in compliance with the provisions of them Data Protection Law and other legal acts on data protection;
  • initiate the preparation of the notifications to the Inspectorate in case of prior checking;
  • monitor the processing of personal data carried out by the data controller’s employees;
  • present proposals, findings to the data controller regarding establishment of data protection and data processing measures and supervise implementation and use of these measures;
  • undertake measures to eliminate any violations in the processing of personal data without delay;
  • instruct employees authorized to process personal data on the provisions of Data Protection Law and other legal acts on personal data protection;
  • initiate the preparation of applications to the Inspectorate of the inquiries regarding processing and protection of personal data;
  • assist data subjects in exercising their rights; and
  • notify the Inspectorate in writing where the data controller processes personal data in violation of the data protection laws and refuses to rectify these violations.

In addition, if no data protection officer is appointed, the CEO of the data controller will be ex office deemed responsible for data protection compliance and will be also personally liable for any legal violations of the Data Protection Law.

Collection and Processing

The term data processing means any operation, which is performed in relation to personal data (eg collection, recording, storage, classification combining, disclosure, making available, use, destruction or etc.). It must be carried out in accordance with the requirements and in cases set by laws. According to the Data Protection Law personal data may be processed if:

  • the data subject has given his consent;
  • a contract to which the data subject is party is being concluded or performed;
  • it is a legal obligation of the data controller under laws to process personal data;
  • processing is necessary in order to protect vital interests of the data subject;
  • processing is necessary for the exercise of official authority vested by laws and other legal acts in state and municipal institutions, agencies, enterprises or a third party to whom personal data are disclosed;
  • processing is necessary for the purposes of legitimate interests pursued by the data controller or by a third party to whom the personal data is disclosed, unless such interests are overridden by interests of the data subject.
  • Sensitive personal data (data concerning racial or ethnic origin of a natural person, his political opinions or religious, philosophical or other beliefs, membership in trade unions, and his health, sexual life and criminal convictions) can only be processed in the following cases:
  • the data subject has given his consent (ie expressed clearly, in a written or equivalent form or any other form giving unambiguous evidence of the data subject’s free will);
  • such processing is necessary for the purposes of employment or civil service while exercising rights and fulfilling obligations of the data controller in the field of labor law in the cases laid down in law;
  • it is necessary to protect the vital interests of the data subject or of any other person, where the data subject is unable to give his consent due to a physical disability or legal incapacity;
  • the processing of personal data is carried out for political, philosophical, religious purposes or purposes concerning the trade unions by a foundation, association or any other nonprofit organization, as part of its activities, on condition that the personal data processed concern solely the members of such organization or to other persons who regularly participate in such organization in connection with its purposes;
  • the personal data has been made public by the data subject;
  • the data is necessary, in the cases laid down in law, in order to prevent and investigate criminal or other illegal activities;
  • the data is necessary for a court hearing; or
  • it is a legal obligation of the data controller under laws to process such data.
  • In addition, it must be mentioned that the data controller must provide the fair processing information to data subjects in cases where personal data has been obtained directly or from a third party or prior to it being released to a third party, except where the data subject already has it. It shall contain information about:
  • the identity and permanent place of residence of himself (the data controller) and his representative, if any (where the data controller or his representative is a natural person), or requisites and the address of registered office (where the data controller or its representative is a legal person);
  • the purposes of the processing of the data subject’s personal data;
  • other additional information (the recipient and the purposes of disclosure of the data subject’s personal data; particular personal data that the data subject must provide and the consequences of his failure to provide the data, the right of the data subject to have an access to his personal data and the right to request the rectification of incorrect, incomplete and inaccurate personal data) to the extent that is necessary for ensuring fair processing of personal data without infringing upon the data subject’s rights.

Transfer

All cross border transfers of personal data within the European Economic Area (the European Union countries plus Norway, Liechtenstein and Iceland) shall take place on the same  conditions and in accordance with the same procedure applicable to data recipients in Lithuania. Cross-border transfers outside the European Economic Area shall be subject to special authorization from the Inspectorate unless the exceptional conditions for cross border data

transfer are satisfied. These are cases where:

  • the data subject has given his consent for the transfer of his personal data;
  • the transfer of personal data is necessary for the conclusion or performance of a contract between the data controller and a third party in the interests of the data subject;
  • the transfer of personal data is necessary for the performance of a contract between the data controller and the data subject or for the implementation of pre contractual measures to be taken in response to the data subject’s request;
  • the transfer of personal data is necessary (or required by law) for important public interests or for the purpose of legal proceedings;
  • the transfer is necessary for the protection of vital interests of the data subject;
  • the transfer is necessary for the prevention or investigation of criminal offences;
  • personal data is transferred from a public data file in accordance with the procedure laid down in law and other legal acts.
  • The Inspectorate shall grant authorization provided that an adequate level of legal protection of personal data is ensured in the recipient’s country or by the means of transferring (i.e. adequate data protection safeguards). In practice adequate level of protection may be achieved by the following means:
  • model contractual clauses approved by the European Commission;
  • Binding Corporate Rules;
  • personal data is transferred to countries whitelisted by the European Commission; or
  • personal data transfers to the United States companies, which have subscribed to the Safe Harbour principles.

Security

Lithuanian data protection legislation obliges the data controller and data processor to implement appropriate organizational and technical measures intended for the protection of personal data against accidental or unlawful destruction, alteration and disclosure as well as against any other unlawful processing. These measures must ensure a level of security appropriate to the nature of the personal data to be protected and the risks represented by the processing. Moreover, they must be defined in a written document (personal data processing regulations approved by the data controller, a contract concluded by the data controller and the data processor, etc.) in accordance with the general requirements on the organizational and technical data protection measures laid down by the Inspectorate. Key measures taken shall be disclosed to the Inspectorate through the data controller registration form.

Breach Notification

The providers of publicly available electronic communications services have the obligation to notify the personal data breach to the Inspectorate without undue delay. When the personal data breach is likely to adversely affect the personal data or privacy of a subscriber or individual, the provider must also notify the subscriber or individual of the breach, except where the provider

has demonstrated to the satisfaction of the Inspectorate that it has implemented appropriate technological protection measures, and that those measures were applied to the data concerned by the security breach. Without prejudice to the provider’s obligation to notify subscribers and individuals concerned, if the provider has not already notified the subscriber or individual of the personal data breach, the Inspectorate, having considered the likely adverse effects of the breach, may require it to do so.

Other data controllers do not possess a general obligation to notify individuals or the Inspectorate of a data security breach. It may only be advisable as a part of bona fide obligations for minimizing civil liability.

Enforcement

The implementation of the Data Protection Law shall be supervised and monitored by the Inspectorate. The key objectives of the Inspectorate shall be supervision of data controllers’ activities when processing personal data, monitoring the legality of personal data processing, prevention of violations in data processing and ensuring protection of the rights of the data subject.

Any violation of data protection rules or breach of the rights of data subject causes administrative liability. No criminal liability is provided for data protection violations. The Inspectorate has no power to impose penalties for violations, although the Inspectorate can issue a statement on an administrative offence according to which national courts can impose fines from LTL 500 (approx. EUR 140) to LTL 2000 (approx. EUR 570). It shall be noticed that these administrative sanctions may only be applied to individuals and legal entities/companies may not be subject to administrative prosecution. If a company commits a violation, the Data Protection Officer or the CEO of the entity will be held responsible for such an administrative offence.

In addition, the individual affected by the breach of the Data Protection Law is also entitled to claim pecuniary and moral damages.

Electronic Marketing

The Data Protection Law will apply to most electronic marketing activities, with the exception of e-mail marketing (which is regulated by the Law on Electronic Communications), as there is processing and use of personal data involved (e.g. an email address is deemed “personal data” for the purposes of the Data Protection Law). The rules set forth in both laws are generally identical.

The Data Protection Law does not prohibit the use of personal data for the purposes of electronic marketing but requires individuals to consent to the processing of their personal data for direct marketing purposes in advance (eg a right to “opt-in”).

There is one exception from opt-in requirement, providing instead for an opt-out scheme.

Unsolicited electronic marketing, including emails, can only be sent without consent if:

  • The contact detail have been provided in the course of a sale and the data subject is an existing customer;
  • The marketing relates to a similar product;
  • The recipient was given a means of refusing the use of their contact details for marketing when they were collected; and
  • The recipient did not object to the direct marketing use at the time when his personal data was collected.

Direct marketing communication must not disguise or conceal the identity of the sender. SMS marketing is included within the regulations applicable to all direct marketing.

The above opt-out exception to existing customer applies in relation to individuals. For e-mail marketing opt-in is required from both individuals and corporations (all e-mail account holders without any exceptions). Otherwise for non-email electronic marketing only individual opt-in is required, and said existing client opt-out exception is allowed, if all of the conditions for this exception are fulfilled.

Online Privacy (Including Cookies And Location Data)

The PEC Regulations (as amended by Directive 2009/12/EC) are implemented in Lithuania through the Law on Electronic Communications. Amendments of the Law on Electronic Communications which came into effect on 1 August 2011, implemented the Directive 2009/12/ EC. Specifically the Law on Electronic Communications contains regulations on collection of location and traffic data by public electronic communications services providers (“CSPs”) and use of cookies (and similar technologies).

Traffic Data – Traffic Data held by a CSP must be erased or annoy missed when it is no longer necessary for the purpose of the transmission of a communication. However, Traffic Data can be retained if:

  • It is being used to provide a value added service;
  • Consent has been given for the retention of the Traffic Data; and
  • It is required for investigation of a grave crime. Traffic Data can only be processed by a CSP for:
  • The management of business needs, such as billing or traffic;
  • Dealing with customer enquirers;
  • The prevention of fraud; or
  • The provision of a value added service.

 

Location Data – Location Data may only be processed for the provision of value added service with consent.

CSPs are also required to take measures and put a policy in place to ensure the security of the personal data they process.

Cookie Compliance – The use and storage of cookies and similar technologies requires:

  1. a) clear and comprehensive information; and b) consent of the website user.

Lithuanian State Data Protection Inspectorate has published recommendations about the method of consent to the use for cookies. The guidance confirmed that consent can be obtained through pop-ups, banners or website registration while relevant settings contained within current browsers are not likely to form a valid consent. According to the guidance, the users must be given a genuine opportunity not to consent. There is no clear guidance on possibility to obtain an implied consent.

Consent is not required for cookies that are;

  • used for the sole purpose of carrying out the transmission of a communication over an electronic communications network; or
  • strictly necessary for the provision of a service requested by the user.
  • Enforcement of a breach of the PEC Regulations is dealt with by the Inspectorate and sanctions for breach are the same as set out in the Enforcement section above.
Prevention of Corruption Law of the Republic of Lithuania

(Adopted on 1st September 2002)

CHAPTER ONE

GENERAL PROVISIONS

Article 1. Purpose of the Law

The present Law shall lay the main principles, aims and tasks of corruption prevention in the civil service and the private sector, corruption prevention measures and a legal framework therefor, and corruption prevention bodies as well as their rights and duties in the field of corruption prevention.

Article 2. Principal Definitions

1. Prevention of corruption shall mean detection and elimination of the causes of and conditions for corruption through development and implementation of a system of appropriate measures, as well as deterrence against corruption-related criminal acts.

2. Corruption-related criminal acts shall mean taking bribes, receiving bribes via an intermediary, offering bribes, and other criminal acts committed in the pursuit of private or other persons’ advantage in the public administration sector or by providing public services, namely the abuse of office or exceeding one’s authority, abuse of one’s authority, tampering with official records and measuring devices, fraud, misappropriation or embezzlement of property, disclosure of an official secret, disclosure of a commercial secret, misrepresentation of information about income, profit or property, legitimization of the proceeds of crime, interference with the activities of a public servant or a person discharging public administration functions, or other criminal acts, if these acts are committed with the aim of seeking or demanding a bribe, offering a bribe, or concealing or covering up the act of taking or offering a bribe.

3. The state or municipal agency shall mean a state or municipal institution or agency, as well as a public agency, one of the founding parties of which is a state or municipal institution or agency.

4. The head of an agency shall mean a civil servant, who has been appointed by way of contest or on the basis of political (personal) confidence to manage the agency, and the head of a public agency, one of the founding parties of which is a state or municipal institution or agency.

5. The non-governmental agency shall mean legal entities of the Republic of Lithuania, with the exception of those indicated in Section 3 Article 2 hereof.

Article 3. Aims and Tasks of the Prevention of Corruption

1. The prevention of corruption shall be aimed at ensuring that corruption interferes as little as possible with development of the economy and democracy, creation of welfare, strengthening of national security, and enhancement of the quality of public services.

2. The main tasks of the prevention of corruption shall be the following:

1) to disclose and to eliminate the causes of and conditions for corruption;

2) to deter people against commission of corruption-related criminal acts;

3) to ensure a workable and effective legal regulation of the prevention of corruption;

4) to create a proper and effective mechanism for organisation, implementation, oversight and control of corruption prevention, by legal, organisational, economic and social means;

5) to involve the public and public organisations in the prevention of corruption;

6) to promote a transparent and open provision of public services

Article 4. Principles of the Prevention of Corruption

The implementation of the prevention of corruption shall be governed by the following principles:

1) legality – the corruption prevention measures shall be implemented in compliance with the requirements of the Constitution, laws and other statutes of the Republic of Lithuania, and in a manner safeguarding the basic human rights and freedoms;

2) universal applicability – anyone can be a subject of corruption prevention;

3) interaction – the effectiveness of the corruption prevention measures shall be ensured through coordination of the activities of all the bodies of corruption prevention, exchange of relevant information among them and provision of other assistance to one another;

4) consistency – ensuring the effectiveness of the corruption prevention measures through continuous oversight and review of the performance of the corruption prevention measures and by making regular proposals as to the enhancement of the effectiveness of these measures to the institution which has the authority to carry out such proposals.

CHAPTER TWO CORRUPTION PREVENTION MEASURES

Article 5. Corruption Prevention Measures

The corruption prevention measures shall be the following:

1) analysis of the risk of corruption;

2) anti-corruption programmes;

3) anti-corruption assessment of the legislation and drafts thereof;

4) provision of information in relation to a person applying for or holding a position in the state or municipal agency;

5) provision of information to the Registers of Civil Servants and Legal Entities;

6) education and information of the public;

7) publicising the detected acts of corruption;

8) other corruption prevention measures provided for by the law.

Article 6. Analysis of the Risk of Corruption

1. The analysis of the risk of corruption shall mean the anti-corruption analysis of the activities of the state or municipal agency, carried out in compliance with the procedure prescribed by the Government, and the presentation of a grounded report on anti-corruption programmes as well as putting forward proposals concerning contents thereof, and making recommendations for additional corruption prevention measures to the state or municipal agency with the corresponding authority.

2. The head of the state or municipal agency, structural subdivisions thereof or persons therein who are authorised by the head of the corresponding state or municipal agency to carry out corruption prevention and control shall, in compliance with Section 3 Article 6 hereof, identify the areas of the activities of the state or municipal agency, particularly prone to corruption.

3. An area of the activities of the state or municipal agency shall be considered to be particularly prone to corruption if it meets one or several of the following criteria:

1) there has been a corruption-related criminal act committed in that area of activities;

2) its principal functions are control and oversight;

3) there is no detailed regulation of the functions and tasks, as well as no operational and decision-making procedures of separate civil servants;

4) the activities are related to the issue or restriction of permits, concessions, privileges and other additional rights;

5) most of the decisions do not require approval by another state or municipal agency;

6) there is access to the information classified as a state or professional secret;

7) instances of improper conduct have been established by the previous analyses of corruption risk.

4. The areas of the activities of the state or municipal agency, particularly prone to corruption, can be subjected to the analysis of corruption risk.

5. Determining the need for the corruption risk analysis of the areas of activities of the state or municipal agencies, the Special Investigation Service shall assess whether the activities of the state or municipal agency in question meet one or several of the following criteria:

1) there have been attempts made to influence the officials of the state or municipal agency or the decisions made thereby, in the manner violating the procedures prescribed by law;

2) there have been corruption-related criminal acts detected in the other state or municipal agencies, whose functions are similar to those of the agency in question;

3) the supervision system of the activities of the state or municipal agency in question has been improved;

4) decision-making is related to material or other benefit of the person served by the agency in question;

5) there have been violations of the prescribed procedure detected (for example, when allocating the budget funds, placing orders and making other decisions);

6) the state or municipal agency is an independent administrator of the budgetary allocations;

7) violations have been found in the activities of the state or municipal agency in question by the State Control, Ombudsman or another control or supervisory institution;

8) there is other information pointing to the signs of corruption in the activities of the state or municipal agency in question (intelligence, complaints and reports by the public, information provided by the media or available otherwise).

6. The analysis of corruption risk shall cover the areas of the activities of the state or municipal agency that are particularly prone to corruption as well as the supervisory systems of those areas.

7. The analysis of corruption risk shall be carried out by the Special Investigation Service in compliance with the procedure set by the Government.

8. The procedure for the analysis of corruption risk shall be put forward by the Special Investigation Service and shall be approved by the Government.

Article 7. Anti-corruption Programmes

1. Anti-corruption programmes can be of the national, sectoral, departmental or other scope.

2. The National Anti-corruption Programme shall be developed and its implementation shall be organised and overseen by the Government with involvement of the Special Investigation Service.

3. The anti-corruption programmes of sectoral (embracing the areas of the activities of several state or municipal agencies), departmental and other scope shall be developed by the state and municipal and non-governmental agencies, who have been charged with the development of such programmes by the National Anticorruption Programme and other statutes. The departmental anti-corruption programmes can also be developed by the state and municipal agencies, where the analysis of corruption risk has been performed resulting in proposals to develop such a programme.

4. The development of anti-corruption programmes shall be governed by the present Law, the National Anti-corruption Programme and other statutes, with regard given to the proposals made by the Special Investigation Service and other information available thereto.

5. The National Anti-corruption Programme shall be submitted by the Government and approved by the Seimas of the Republic of Lithuania. Other anti-corruption programmes shall require approval by the head of the state or municipal or nongovernmental agency which developed the programme concerned. The head of the agency shall bear personal responsibility for the implementation of the programme approved by them.

6. The coordination and oversight of the implementation of the programmes shall be carried out by the heads of the agencies or the structural subdivision thereof or persons therein who have been authorised by the head of the corresponding agency to conduct corruption prevention and control in the agency. The Special Investigation Service monitors the implementation of the proposals made by it.

Article 8. Anti-corruption Assessment of the Existing or Draft Legislation

1. The state or municipal agency drafting or passing a piece of legislation regulating the public relations particularly prone to corruption shall perform the anticorruption assessment of the draft and examine the anti-corruption assessment of the same draft performed by other state or municipal agencies.

2. The anti-corruption assessment of the existing legislation shall be carried out taking into consideration its application practice, and shall be made known to the state or municipal agency, which adopted it or on whose initiative it was adopted. This agency shall determine whether it would be expedient to amend the piece of legislation in question.

3. The Special Investigation Service can perform the anti-corruption assessment of the existing or draft legislation on its own initiative or on the proposal by the Lithuanian President, Chairman of the Seimas, Prime Minister, Parliamentary Committee, Commission, parliamentary group or minister.

Article 9. Provision of Information about a Person Applying for or Holding a

Position in the State or Municipal Agency

1. The provision of information about a person applying for or holding a position in the state or municipal agency shall mean the provision of the objective information about a person applying or holding a position in the state or municipal agency, which has been legally collected and held by the law enforcement and control institutions, to the head of the agency or a state politician, who has appointed or is appointing the civil servant in question, which shall be carried out in compliance with the procedure prescribed by law on the request of the head of the agency concerned or a state politician (with the exception of the candidates for the positions specified in Section 2 Article 9 hereof), or on the initiative of the law enforcement or control institutions, in order to ensure that only persons of impeccable reputation hold office in the state or municipal agency.

2. The provision of such information shall be obligatory with regard to the applicants for a position in the state or municipal agency, requiring the appointment by the Seimas, President, Chairman of the Seimas, the Government or Prime Minister, or for the office of the head and deputy head of the state or municipal agency, vice-minister, under-secretary of state, under-secretary, deputy mayor if appointed by the municipality, the head or deputy head of the agency accountable to a ministry.

3. The decision to file a request with the Special Investigation Service for the information about the person in question shall be made by the head of the state of municipal institution who is appointing or has appointed that person, or a state politician. In making the decision, regard should be given to the office, character of the duties and the information available with regard to the person applying for or holding a position in the state or municipal agency. The expediency of and justification for such a decision shall also be assessed.

4. The written request filed with the Special Investigation Service regarding the information about the person holding office in the state or municipal agency shall be grounded and substantiated by the information that raises serious doubts as to the reliability of the person in question.

5. The information about the person applying for or holding a position in the state or municipal agency shall be provided by the Special Investigation Service on receipt of the written request by the head of the agency which is appointing or has appointed the person in question, or a state politician. The Special Investigation Service shall collect and submit in writing the information available to itself, the Police Department under the Ministry of the Interior, the Register of Civil Servants and, if necessary, the information held by the other law enforcement and control institutions. The law enforcement and control institutions can also present the information available to them to the head of the agency or a state politician on their own initiative.

6. The head of the agency or a state politician shall notify the person, with regard to whom information has been presented or requested, of the decision to request the information or of the receipt of the information from the law enforcement or control institutions no later than 3 days after the corresponding event.

7. The information, with the exception of the part thereof that contains classified information, shall be made known to the person, with regard to whom it has been presented.

8. The person, with regard to whom the decision to request information was made, can contest in court the decision in question and (or) the information presented.

9. The information thus presented shall be one of the grounds for judging about the reliability of the person applying for or holding a position in the state or municipal agency. The person, who has lost the confidence, can be refused appointment in the state or municipal agency or can be dismissed from their office in accordance with the procedure set out in the Law on the Civil Service and other legislation.

10. The head of the agency or a state politician can use the information presented only for the purposes of judging about the reliability of the person applying for or holding a position in the state or municipal agency. The head of the agency or a state politician shall not pass the information presented to them by the law enforcement and control institutions to third parties, except in circumstances required by law.

11. The Special Investigation Service, in compliance with the laws and on the basis of the information provided on the corresponding request and presented by the other law enforcement and control institutions, can initiate investigation under the procedure established by legislation.

12. The procedure for the provision of information about a person applying for or holding a position in the state or municipal agency, shall be established by the Government.

Article 10. Education and Information of the Public

1. Anti-corruption education is an integral part of raising public awareness with a view to instilling dignity and civic motivation, fostering the person’s awareness of their social rights and duties, and the concept of the Lithuanian state, as well as to ensuring the implementation of the aims of corruption prevention.

2. Anti-corruption education of the public shall be carried out at the educational institutions of all types and levels in accordance with the corresponding educational programmes, through the media and other means.

3. The state and municipal agencies shall inform the public through the media or other means about their activities undertaken in the fight against corruption.

Article 11. Provision of Information to the Registers of Civil Servants and Legal

Entities.

1. The Register of Civil Servants shall be supplied with the information about civil servants who have been found guilty of corruption-related criminal acts by the final and valid court ruling, or who have faced administrative or disciplinary proceedings for serious misconduct of office, related to the violation of the provisions of the Law on Approximation of the Public and Private Interests in Civil Service and committed in pursuit of illegal gains or privileges for themselves or other persons.

2. The Register of Legal Entities shall be supplied with the information about legal entities who have been found guilty of corruption-related criminal acts by a valid court ruling, or whose employee or authorised representative has, by a valid court judgment, been found guilty of corruption-related criminal acts while acting for the benefit or in the interests of the legal entity concerned.

3. The state or municipal agency, which has made or revoked the decision that the acts specified in Sections 1 and 2 Article 11 hereof have been committed shall notify thereof the administrators of the Registers of Civil Servants and (or) Legal Entities within 14 days from the date of the decision’s entry into force.

4. The information specified in Sections 1 and 2 Article 11 hereof is one of the grounds for judging about the reliability of the natural or legal person. The persons who have lost confidence can be subject to the restrictions provided for in this and other laws.

5. The procedure for the issue of the register information shall be established by the regulations of the corresponding register.

CHAPTER THREE CORRUPTION PREVENTION BODIES, RIGHTS AND DUTIES THEREOF IN THE FIELD OF CORRUPTION PREVENTION

Article 12. Corruption Prevention Bodies

The corruption prevention as provided for herein shall be implemented by the following bodies:

1) The Government;

2) The Chief Institutional Ethics Commission;

3) The Special Investigation Service;

4) Other state and municipal and non-governmental agencies.

Article 13. The Government

In implementation of the present Law, the Government:

1) shall ensure that the corruption prevention measures are implemented by the ministries and its subordinate agencies;

2) shall allocate the funds necessary for the effective implementation of the corruption prevention measures;

3) shall develop the National Anticorruption Programme together with the Special Investigation Service and submit it to the Seimas for approval, as well as make recommendations as to the amendment of the said programme;

4) shall make recommendations to the Seimas as to the introduction and amendment of the laws and other legislation, necessary for the implementation of the

prevention of corruption.

Article 14. The Chief Institutional Ethics Commission

In implementation of the present Law, the Chief Institutional Ethics Commission:

1) shall analyse the ethical problems faced by civil servants, and shall make proposals concerning anti-corruption programmes and the introduction and improvement of legislation, seeking to eliminate preconditions for possible conflicts of the private and public interests in civil service;

2) shall make recommendations to the Seimas, other state and municipal agencies as to the implementation of the provisions of this Law;

3) shall summarise the application of the legal rules setting out the institutional ethics requirements in different areas, and shall participate in the drafting and codification of such rules;

4) shall implement the corruption prevention measures delegated to it, together with the other state and municipal agencies.

Article 15. The Special Investigation Service

In implementation of the present Law, he Special Investigations Service:

1) shall participate in the Government’s developing the National Anticorruption Programme, and shall make recommendations as to the amendments thereto;

2) shall put forward proposals to President, the Seimas and the Government as to the introduction and improvement of the new legislation necessary for the implementation of corruption prevention;

3) shall take part in the Government’s discharge of its functions of coordination and supervision of the activities of the state and municipal agencies in the field of corruption prevention;

4) shall, together with the other state and municipal agencies, implement corruption prevention measures;

5) shall, together with the other state and municipal agencies, implement the National Anti-corruption Programme.

Article 16. The Other State and Municipal Agencies, and Non-Governmental

Agencies

1. In implementation of the present Law, the state and municipal agencies, and nongovernmental agencies in the Republic of Lithuania shall have the right:

1) to establish, in compliance with the procedure prescribed by law, internal units for corruption prevention and control in the area of the activities of the corresponding state or municipal agency, or non-governmental agency, or to appoint persons to discharge this function;

2) to make proposals concerning the issues of corruption prevention to the state and municipal agencies;

3) to introduce measures encouraging the enforcement of corruption prevention in the state and municipal agencies, and non-governmental agencies;

4) to receive methodological information from the state or municipal agencies, implementing the prevention of corruption, on the issues of corruption prevention.

2. In implementation of the present Law, the state and municipal agencies, and nongovernmental agencies:

1) shall, within the margins of their authority, implement the national policy in the field of corruption prevention;

2) shall ensure compliance with the requirements of the legislation on corruption prevention in the state and municipal and non-governmental agencies;

3) shall, within the margins of their authority, develop and approve anticorruption programmes;

4) shall promptly eliminate the violations of the provisions of the corruption prevention legislation;

5) shall, under the procedure established by the Government, supply the officers of the Special Investigation Service with the information necessary for the corruption risk analysis;

6) shall not, by action or inaction, create conditions for the corruption-related criminal acts;

7) shall raise the awareness of the issues of corruption prevention among their staff.

3. The liability for the prevention of corruption in the state and municipal and nongovernmental agency shall rest with its head. In their discharge of this function, the head shall take measures necessary for the implementation of this Law.

4. The measures necessary for the implementation of corruption prevention in the state and municipal and non-governmental agencies shall be financed from their own financial resources.

CHAPTER FOUR FINAL PROVISIONS

Article 17. Proposal to the Government and Other Agencies Mentioned Herein

The Government and other agencies mentioned herein shall adopt the statutory documents necessary for the implementation of this Law by 1st September 2002.

Article 282- Taking a Bribe

Taking a bribe by a public official or a civil servant, promise to accept a bribe or demanding a bribe for his action or omission, making a decision, voting or expressing an opinion in the exercise of his functions as a public official or a civil servant in the interest of the person giving the bribe or of some other person or for a promise to act this way shall be punishable by deprivation of liberty for up to five years and a prohibition to hold a certain position, perform a specific job or engage in specific activities for up to five years or by a fine and a prohibition to hold a certain position, perform a specific job or engage in specific activities for up to three years.

Taking a bribe of high value shall be punishable by deprivation of liberty from three to ten years and a prohibition to hold a certain position, perform a specific job or engage in specific activities for up to five years.

The acts specified in paragraphs 1 and 2 of this Article by a public official or a civil servant shall be considered as bribe taking, promise to take a bribe or demanding a bribe, irrespective of the fact that according to his duties or powers exercised he had no right or could not carry out the acts, for which the bribe has been accepted, promised or demanded.

Article 284 – Subornation

Giving or agreement to give to a public official or a civil servant a bribe in the form of money, valuables or by affording conditions to get material benefit for his favourable action or omission, making a decision or expressing an opinion in the exercise of his duty as a public official or a civil servant in the interest of the person giving a bribe or of some other person shall be punishable by deprivation of liberty for up to three years or by correctional works for up to two years, or by a fine.

Giving of a bribe of high value shall be punishable by deprivation of liberty for up to five years or by a fine.

A person who has been compelled to give the bribe as well as a person who has reported the subornation to the law enforcement authority before criminal proceedings were initiated, shall be exempt from criminal liability in connection with subornation.

Article 285 – Office Abuse

Intentional abuse of position by a public official or a civil servant in the interests contrary of his position, if such activities were of personal gain or interest, or caused substantial damage to the state interests or other persons shall be punishable by deprivation of liberty for up to four years and a fine, or by a fine and a prohibition to hold a certain position, perform a specific or engage in specific activities for up to five years.

Intentional abuse of position by a public official or a civil servant in the interests contrary of his position, if such activities were of personal gain and caused substantial damage to the state interests or other persons shall be punishable by deprivation of liberty from three to five years and a prohibition to hold a certain position, perform a specific or engage in specific activities for up to five years.

(Enter into force on June 1, 2000)

CHAPTER I

GENERAL PROVISIONS

Article 1. Scope

This Law lays down the objectives of the Special Investigation Service of the Republic of Lithuania, the legal basis of its activities, its tasks and functions, the organisation of the Service, its financing, ways of control of its activities, and the rights and duties of its officers.

Article 2. Definitions

1     The Special Investigation Service of the Republic of Lithuania (hereinafter -the Special Investigation Service or the Service), is a state law enforcement agency functioning on the statutory basis, accountable to the President of the Republic and the Seimas, which detects and investigates corruption-related criminal acts, develops and implements corruption prevention measures.

2     Corruption is a direct or indirect seeking for, demand or acceptance by a public servant or a person of equivalent status of any property or personal benefit (a gift, favour, promise, privilege) for himself or another person for a specific act or omission according to the functions discharged, as well as acting or omission by a public servant or a person of equivalent status in seeking, demanding property or personal benefit for himself or another person, or in accepting that benefit, also a direct or indirect offer or giving by a person of any property or personal benefit (a gift, favour, promise, privilege) to a public servant or a person of equivalent status for a specific act or omission according to the functions of a public servant or a person of equivalent status, as well as intermediation in committing the acts specified in this paragraph.

3     Corruption-related criminal acts shall mean taking bribes, receiving bribes via an intermediary, offering bribes, and other criminal acts committed in the pursuit of private or other persons’ advantage in the public administration sector or by providing public services, namely the abuse of office or exceeding one’s authority, abuse of one’s authority, tampering with official records and measuring devices, fraud, misappropriation or embezzlement of property, disclosure of an official secret, disclosure of a commercial secret, misrepresentation of information about income, profit or property, legitimization of the proceeds of crime, interference with the activities of a public servant or a person discharging public administration functions, or other criminal acts, if these acts are committed with the aim of seeking or demanding a bribe, offering a bribe, or concealing or covering up the act of taking or offering a bribe.

4     The definition of a public servant or a person of equivalent status provided for in this article corresponds to that set forth in the Criminal Code of the Republic of Lithuania.

5     A person is any natural or legal person or a person having a different legal status established by the state where he is registered.

Article 3. Legal Basis for the Activities of the Special Investigation Service

1     The Special Investigation Service shall be guided by the Constitution of the Republic of Lithuania, the laws of the Republic of Lithuania, international treaties, the Statute of the Service, and other legal acts.

2     The Statute of the Special Investigation Service shall be approved by a law passed by the Seimas.

3     The Special Investigation Service is a legal entity having its own settlement account with a bank, its seal with the national emblem of Lithuania and the name ”The Special Investigation Service of the Republic of Lithuania”, its own flag and insignia.

Article 4. The Principles of the Activities of the Special Investigation Service

The activities of the Special Investigation Service shall be based on the rule of law, lawfulness, respect for human rights and freedoms, the principles of equality before the law, openness and confidentiality, as well as on the principle of balance between personal initiative of the officers and the institutional discipline.

Article 5. Professional Links of the Special Investigation Service

While performing the tasks assigned to it, the Special Investigation Service shall maintain professional links with other institutions of the Republic of Lithuania, also with various agencies, organisations and enterprises, and shall encourage personal initiative of natural and legal persons in implementing anti-corruption measures. Through the mass media and in other ways, the Special Investigation Service shall inform the public about the enforcement of corruption control and prevention programmes and measures, and the anti-corruption activities carried out by central and local government institutions and agencies.

Article 6. Obligation to Provide Information to the Special Investigation Service

1     Upon the request by the Special Investigation Service, the Government of the Republic of Lithuania, ministries and other central and local government institutions and agencies, within five working days, must submit to the Service legal acts which have been adopted but have not yet been published in the“Valstybės žinios” (Official Gazette).

2     Central and local government institutions and agencies must make it possible for the Special Investigation Service to have free and unrestricted access to the data of state registers, cadastres and classificators, data banks of state institutions, agencies and enterprises, while data banks of other enterprises, agencies, organisations and natural persons may be accessed on a contractual basis.

CHAPTER II

TASKS AND FUNCTIONS OF THE SPECIAL INVESTIGATION SERVICE

Article 7. Tasks of the Special Investigation Service

The Special Investigation Service shall guard and protect an individual, society, and the State from corruption, and shall conduct prevention and detection of corruption.

Article 8. Functions of the Special Investigation Service

The Special Investigation Service shall:

1) carry out operational activities in detecting and preventing corruption-related criminal acts;

2) conduct a pre-trial investigation of corruption-related criminal acts;

3) co-operate with other law enforcement institutions in the manner laid down by legal acts;

4) collect, store, analyse and sum up the information about corruption and related social and economic phenomena;

5) on the basis of the available information prepare and implement corruption prevention and other measures;

6) jointly with other law enforcement institutions implement crime control and prevention programmes;

7) report in writing , at least twice a year, to the President of the Republic and the Chairman of the Seimas about the results of the Service’s activities and submit its proposals how to make the activities more effective.

CHAPTER III

THE STRUCTURE AND ADMINISTRATION OF THE SPECIAL INVESTIGATION SERVICE

Article 9. Establishment and Abolition of the Special Investigation Service and its Units

1           The Service shall be established and abolished by a separate law.

2           The Service may consist of boards, divisions, branches and other units.

3 The units of the Service shall be established, reorganised, and abolished, and the number of the staff shall be approved by the Director of the Service.

Article 10. The Staff of the Special Investigation Service

1           The staff of the Service shall be officers, public servants and contractual employees.

2           The status of the officers of the Special Investigation Service shall be established by this Law, the Law on Public Service and the Statute of the Special Investigation Service, the status of the public servants employed at the Service shall be established by the Law on the Public Service, the status of contractual employees – by the Labour Code and other legal acts.

3           The procedure of appointment and dismissal, suspension from duty and disciplinary responsibility of officers of the Service shall be determined by the Statute of the Service.

Article 11. The Management of the Special Investigation Service

1           A candidate to the post of the Director of the Special Investigation Service shall be nominated to the Seimas by the President of the Republic of Lithuania who shall also appoint and dismiss the Director of the Service, by and with the consent of the Seimas. The Director shall be appointed for a term of five years but he may hold this post no longer than for two terms in succession.

2           The First Deputy Director and the Deputy Director shall be appointed and dismissed by the President of the Republic by the advice of the Director.

3           In the absence of the Director of the Special Investigation Services, one of his Deputies shall act for him.

Article 12. Grounds for the Dismissal of the Director of the Special Investigation Service and His Deputies

1 The Director and Deputy Directors of the Special Investigations Service shall be dismissed from office in the event of:

1) resignation;

2) breach of the oath;

3) coming into effect of a conviction;

4) ill health attested by an opinion of an appropriate medical examining commission;

5) transfer by their own consent to another job;

6) transpiring of the circumstances referred to in Article 15;

7) termination of their term in office;

8) reaching the age of 62 and 6 months;

2 The Director of the Special Investigation Service and his deputies, upon reaching the age referred to in Art. 34 (1) of the Statute of the Special Investigation Service or having served the period provided by law to receive the state pension for officers and servicemen, and if their term of office has not been extended in the prescribed manner or the extended term of office has expired, may be dismissed from office.

4           Disputes relating to the dismissal from office shall be settled in the manner set forth in the Law on Administrative Proceedings.

CHAPTER IV

RIGHTS AND DUTIES OF THE OFFICERS OF THE SPECIAL INVESTIGATION SERVICE AND RESTRICTIONS ON THEIR ACTIVITIES

Article 13. The Rights of the Officers of the Special Investigation Service

1 When pursuing a person suspected of commission of a criminal act, preventing a criminal act which is being committed, verifying the information about abuse of office by state officials and public servants, their links with persons connected with criminal organisations, or when discharging his other official duties, if there grounds and causes provided by law, the officer of the Special Investigations Service shall produce his badge and authority card.

An officer of the Special Investigation Service shall have the right :

1) to inspect identity documents and take persons suspected of commission of a crime to the offices of the Special Investigation Service or the police;

2) in cases and in the manner provided by law, to use a weapon, special means and other types of force;

3) when investigating criminal acts or having reasonable information that such acts are being planned, committed or have been committed, to enter, without any hindrance, the premises of enterprises of all types of ownership, agencies and organisations, during office hours, at other time -accompanied by a representative of the administration of the organisation, its owner or his representative;

4) in cases and the manner provided by law, to open the premises or means of transport by force;

5) on his way to the scene of a crime, when in pursuit of a person suspected of commission of a criminal act, when transporting a person in need of an urgent medical assistance to a hospital -to use, without any hindrance, all types of means of transport and communications belonging to enterprises, agencies, organisations or natural persons, with the exception of those belonging to foreign diplomatic missions or consular representations. At the request of the owner or operator of the vehicle or means of communication, he shall be issued a certificate of the form established by the Director of the Special Investigation Service, under which the losses or damage shall be compensated to him from the funds of the Special Investigation Service;

6) when pursuing a person suspected of commission of a criminal act, who is hiding from the law enforcement agencies, as well as preventing a criminal act which is being committed, to stop motor vehicles and check the documents of the driver, passengers or the vehicle, inspect the cargo and other things in the vehicle;

7) on his way to the scene of the criminal act or in pursuit of a person suspected of commission of a criminal act, to use, in the prescribed manner, the blue flash lights and sound signals of the cars;

8) to obtain information or explanation from persons about criminal acts which are being planned, committed or have been committed, and about other violations of law;

9) when investigating criminal acts or having information that such acts are being planned, committed or have been committed, to inspect economic, financial and other activities of all types of enterprises, agencies and organisations;

10) to carry out other actions which an officer of the Special Investigation Service is authorised to carry out by law.

3 An officer of the Special Investigation Service, in the course of his official duties at the border points, customs and other places and territories with their own special internal rules, shall, upon producing the service badge and his authority card, have the right, if there exist solid grounds:

1) to inspect the documents of individuals and officials, of means of transport and cargoes;

2) to detain the infringers of the border and customs rules and other persons, to frisk the person and search his personal effects and, pursuant to laws regulating the detention procedure and guarantees of the detained persons, to take them to the offices of the border police, customs or other law enforcement institutions;

3) to stop and inspect means of transport, and to seize personal effects or documents in the prescribed manner;

4) to carry out other actions which an officer of the Special Investigations Service is authorised to carry out by law.

Article14. Duties of the Officers of the Special Investigation Service

An officer of the Special Investigation Service must:

1) honour his oath;

2) upon receiving a report or a statement about a crime which is being planned or committed or some other violation of law, or when witnessing a crime, take all immediate measures to prevent the crime which is being planned or committed or some other violation of law, to seal off the scene of the crime, to identify the witnesses, and to report the accident to the police;

3) to safeguard state and official secrets;

4) to guarantee the rights and lawful interests of the detained persons, to provide first aid and any other necessary assistance to the victims of crimes and violations of law and to the persons who are in a helpless state.

Article 15. Restrictions Applicable to the Officers of the Special Investigation Service

1         It shall be prohibited for the officers of the Special Investigation Service:

1) to be members of political parties or political organisations, to take part in political activities;

2) to be members of administrative bodies of enterprises, agencies or organisations, to receive remuneration for work at such bodies, except where it is necessary for intelligence activities carried out by the Service and for a period not longer than is necessary for attaining the objective of the assignment;

3) to conclude contracts on behalf of the Special Investigation Service with enterprises where they themselves or members of their families are owners or co-owners or to hold by proxy shares owned by third persons;

4) to represent the interests of national or foreign enterprises;

5) to be employed on a labour contract basis, to work in the capacity of an advisor, expert or consultant at enterprises, agencies, organisations and other institutions, also to get remuneration other than laid down by this Law, with the exception of cases when this is necessary for intelligence activities carried out by the Service and for a period not longer than is necessary to attain the objective set by the assignment, also except remuneration for teaching and creative work;

6) to take part in strikes, pickets or rallies which might directly obstruct the activities of the Special Investigation Service or the performance of duties by an officer of the Special Investigation Service, to be a member of a trade union.

2 An officer of the Special Investigation Service may not accept gifts or services directly or indirectly related to his office, except in cases provided by law.

3 An officer of the Special Investigation Service shall also be subject to other restrictions determined by the Law on the State and Official Secrets.

CHAPTER V

LEGAL PROTECTION OF THE OFFICERS OF THE SPECIAL INVESTIGATION SERVICE

Article 16. Independence of the Officers of the Special Investigation Service

1 While discharging their official duties and carrying out assignments of their superiors, the officers of the Special Investigation Service shall be guided by laws and other legal acts.

2 State institutions and agencies or their employees, political parties, public organisations and movements, the mass media, other natural or legal persons shall be prohibited from interfering with operational and other activities carried out in the line of duty by the officers of the Special Investigation Service.

3 Meetings, pickets and other actions on the premises of the Special Investigation Service, and within the distance of 25 metres from the buildings of the Special Investigation Service, shall be prohibited.

4 Filming, taking photos, making audio or video recordings on the premises of the Special Investigation Service shall be permitted only subject to an authorisation by the Director of the Special Investigation Service.

Article 17. Guarantees of the Activities of the Special Investigation Service Officers

1  A pre-trial investigation where an officer of the Special Investigation Service is a suspect may be initiated only by the Prosecutor General of the Republic of Lithuania or his Deputy.

2  In the course of their official duties, the officers of the Service may not be taken to the police or detained, body search, the search of their personal effects and their means of transport shall be prohibited, without participation of the head of the appropriate Special Investigation Service unit or a person authorised by him, with the exception of cases when the officer is detained in flagrante delicto.

3  Information about the officers of the Service who are carrying out or who have carried out special assignments shall be a state secret and may be used and declassified only in cases and the manner set forth by legislation of the Republic of Lithuania.

4  Protection of the officers of the Service and their family members may be provided in the manner prescribed by the Law on the Protection of the Participants of the Criminal Procedure and of Operational Activities, Officers of Judicial and Law Enforcement Institutions from Tampering.

5 Data on the officers of the Special Investigation Service shall not be submitted to the Register of Public Servants.

CHAPTER VI

USE OF FORCE

Article 18. The Right of Officers of the Special Investigation Service to Use Force

This Law and the Statute of the Special Investigation Service shall authorise an officer of the Special Investigation Service, when performing the tasks assigned to him, to insist that individuals obey his lawful orders. In the event of disobeying the orders or resistance, the officer of the Service has the right to resort to the use of force.

The officers of the Special Investigation Service have the right to possess, keep and use an authorised firearm, explosives and explosive substances.

Types of force and grounds for the use of a firearm and explosive substances and the manner of their use shall be regulated by the Statute of the Special Investigation Service and the Law on the Control of Weapons and Ammunition.

CHAPTER VII

SOCIAL GUARANTEES OF THE OFFICERS OF THE SPECIAL INVESTIGATION SERVICE

Article 19. Principles of Social Guarantees

1 Officers of the Special Investigation Service shall be entitled to social guarantees established by law for the staff of law enforcement institutions.

2 The rate of the basic salary of the officers of the Special Investigation Service shall be established by the Law on the Public Service, while the rate and the manner of payment of increments, additional pays, compensations and benefits shall be established by the Statute of the Special Investigation Service of the Republic of Lithuania and other legal acts.

3 The manner of granting pensions to officers of the Special Investigation Service shall be specified by the Statute of the Special Investigation Service of the Republic of Lithuania, laws and other legal acts.

CHAPTER VIII

FINANCING OF THE SPECIAL INVESTIGATION SERVICE, MATERIAL SUPPLIES AND CONTROL OF ITS ACTIVITIES

Article 20. Financing of the Special Investigation Service

The Special Investigation Service shall be financed from the state budget of Lithuania and shall manage the allocations assigned to it.

The Special Investigation Service may have its own special funds for operational activities.

To implement the objectives and functions provided for in this law, the Special Investigation Service shall have the right in the manner prescribed by law to receive assistance from foreign state institutions and agencies and international organizations.

Article 21. Material and Technical Supplies of the Special Investigation Service

Material and technical supplies for the Special Investigation Service shall be provided from the funds assigned to it.

The assets assigned by the State to the Special Investigation Service shall be managed, used and disposed by it in trust.

Article 22. Supervision of the Activities of the Special Investigation Service

The Seimas of the Republic of Lithuania shall carry out the parliamentary control of the Special Investigation Service.

Pre-trial investigations conducted by the Special Investigation Service shall be controlled, organized and supervised by a prosecutor.

The internal regulations of the Special Investigation Service shall be determined by the Director of the Service.

CHAPTER IX

FINAL PROVISIONS

Article 23. Validity of Other Legal Acts and Tasks of the Government

1. Legal acts regulating social guarantees of the officers of the Special Investigation Service adopted before entry into force of this Law, shall remain effective until appropriate legal acts replacing them and implementing this Law are adopted, but not longer than specified in paragraph 2 of this Article

2. The Government shall:

1) within 3 months from entry into force of this Law, bring into line with this Law the subordinate legislation which does not conform with the provisions of this Law;

2) within 2 months from entry into force of this Law, amend the resolution of the Government of the Republic of Lithuania establishing the list of positions of law officers with account of the list of positions of the Special Investigation Service;

3) within 2 months from entry into force of this Law, amend the procedure of accessing the data of state cadastres, classificators and registers, and include the Special Investigation Service into the list of state government and administration institutions which have the right to obtain free of charge from keepers of state cadastres, classificators and registers the data of these cadastres, classificators and registers;

4) within 3 months from entry into force of this Law, establish the procedure and rates of reciprocal services provided by entities of operational activities and access to the information in the possession of the Operational Activities Service, and Lithuania National Bureau of Interpol of the Police Department, also establish the procedure on how entities of operational activities make use of the services of other units of the Ministry of the Interior (The Department of Information Technology and Communications, the Migration Department, the Bureau of Addresses and Information and the Health Care Service).

Article 24. Entry into Force of the Law on the Special Investigation Service

The Law on the Special Investigation Service shall enter into force on June 1, 2000.

Police Background Check Procedures

Who can apply?

• Individuals and third party representatives may apply.
• UK employers cannot apply.

Where?

• Local and overseas applicants must apply at the Ministry of Interior (personal history statement will be provided), in person or by proxy.
• Mailed/fax/e-mailed applications will not be accepted.
• Overseas applicants are advised to contact the Lithuanian embassy in London (Consular certificate will be provided), in person or proxy, or by post.
• Alternatively, online application may be done for Personal Certificates only.

What must the applicant supply?

Local and Third party representatives:
• Completed application form
• Personal ID
• Proof of representation (third party only-validated by notary or approved by local embassy)
• Proof of payment Overseas applicants must supply in person or via post with:
• Completed application form (see link below)
• Copy of passport (post only)
• Proof of fee payment (consult embassy)
• Stamped, self-addressed envelope

What are the costs / turnaround times?

Fees vary accordingly to location of applicant, collection method and urgency of request:
Local (mail):
• Standard-LTL 18.55 (approx. GBP£ 4.80)-10 working days
•Fast-track-LTL 22.5 (approx. GBP£ 6.75)-24 hours
Local (collection):
• Standard-LTL 15 (approx. GBP£ 3.90)-up to 4 weeks
•Fast-track-LTL 22.5 (approx. GBP£ 5.80)-enquire at embassy
An individual is entitled to make one application for a Personal History
Statement free of charge, per year. Additional copies may be made at a cost.

Contact Details

Application form(s) are available here:
• Local: http://www.evaldzia.lt(e-government portal)
• Overseas: http://www.vrm.lt/index.php?id=124&lang=2
Addresses:
IT & Communications department,
Ministry of the Interior of the Republic of
Lithuania
Sventaragio str. 2
LT-01510 Vilnus
Lithuania
Tel: (+370) 5 271 7177
Fax: (+370) 5 271 8921
Republic of
Lithuania embassy in London:
Republic of Lithuania Embassy
84 Gloucester Places
London
W1U 6AU
Tel: (+44) 020 7486 64 01
Fax: (+44) 020 7486 64 03
Website: http://www.lithuanianembassy.co.uk
Email: amb.uk@urm.lt

Lithuania – Know Your Customer (KYC) Rules

Lithuania is not a regional financial center. Lithuania has adequate legal safeguards against money laundering; however, its geographic location makes it a target for smuggled goods and tax evasion. The sale of narcotics does not generate a significant portion of money laundering activity in Lithuania. Value added tax (VAT) fraud is one of the biggest sources of illicit income, through underreporting of goods‘ value. Most financial crimes, including VAT embezzlement, smuggling, illegal production and sale of alcohol, capital flight, and profit concealment, are tied to tax evasion by Lithuanians. There are no reports of public corruption contributing to money laundering or terrorist financing.

Lithuania has free economic zones (FEZ) in the cities of Klaipeda and Kaunas. As of yearend 2010, there are 20 businesses operating in the Klaipeda FEZ and nine in the Kaunas FEZ. The companies operating in the zones have the same accounting and identification responsibilities as those operating outside the zones. Lithuania‘s EU accession agreement permits the indefinite operation of existing free trade zones, but precludes the establishment of new ones.

KNOW-YOUR-CUSTOMER (KYC) RULES:

Enhanced due diligence procedures for PEPs:

A PEP is an abbreviation for Politically Exposed Person, a term that describes a person who has been entrusted with a prominent public function, or an individual who is closely related to such a person. The terms PEP, Politically Exposed Person and Senior Foreign Political Figure are often used interchangeably

    • Foreign PEP: YES
    • Domestic PEP: NO

Lithuania – KYC covered entities

The following is a list of Know Your Customer entities covered by Lithuanian Law:

    • Banks, credit unions, and financial leasing firms
    • Insurance companies and brokers
    • Lawyers, notaries, tax advisors, auditors, and accountants
    • Investment and management companies
    • Real estate brokers and agents
    • Gaming enterprises
    • Postal services
    • Dealers in art, antiquities, precious metals and stones, and high-value goods

Lithuania – Suspicious Transaction Reporting (STR) Requirements:

Number of STRs received and time frame:  207 by November 2011

Number of CTRs received and time frame: 478,295 by November 2011

The following is a list of STR covered entities covered by Lithuanian Law:

    • Banks, credit unions, and financial leasing firms
    • Insurance companies and brokers
    • Lawyers, notaries, tax advisors, auditors, and accountants
    • Investment and management companies
    • Real estate brokers and agents
    • Gaming enterprises
    • Postal services
    • Dealers in art, antiquities, precious metals and stones, and high-value goods

MONEY LAUNDERING CRIMINAL PROSECUTIONS/CONVICTIONS:

Prosecutions: 13
Convictions: Nine

ENFORCEMENT AND IMPLEMENTATION ISSUES AND COMMENTS:

In 2011, the Lithuanian Parliament adopted the draft law amending the Code of the Administrative Infringements that envisions higher penalties for non-compliance with preventive measures, differentiating violations subject to administrative penalties. Administrative proceedings will be brought against individuals and organizations‘ management. Also in 2011, the Lithuanian Parliament amended the AML/CFT Law with a new Article under which customs controls will be applied to cash brought into or leaving Lithuania from or into other EU countries.

The Financial Crime Investigation Service cannot use civil law to forfeit assets, as there are no such laws in Lithuania.

According to the Baltic Anti-Money Laundering Survey 2011, a majority of Lithuanian banks have assessed the overall level of regulatory burden as acceptable, but at the same time reveal a need for better focused requirements in order to ensure a more effective AML system.

Risk

Sovereign risk

Lithuania’s euro zone accession in January 2015 results in an upgrade from BB to BBB. Accession will be conducive for economic growth in the forecast period and will remove exchange-rate risk, an important factor given the high volume of domestic credit denominated in euros. The Ukraine crisis and Lithuania’s macroeconomic exposure to Russia remain sources of risk. The Economist Intelligence Unit expects the government to retain a tight fiscal policy, allowing it to consolidate public debt as a share of GDP further over the next few years.

Banking sector risk

The rating rises to BBB, from BB previously. Relatively strong economic growth has helped to drive a continued improvement in asset quality. Non-performing loans were 9.9% of total loans in the second quarter of 2014, down from their peak above 25% in mid-2010.

Political risk

The potential for further escalating EU-Russia tensions and trade disruptions may negatively affect Lithuanian growth. Policy continuity is likely in the coming years, as all major political players remain committed to an open market and pro-Western foreign policy.

Economic structure risk

Public-sector debt is estimated to have dropped to 37.8% in 2014, and we forecast a further fall in 2015, to 36.7%. Lithuania will record current-account deficits during the forecast period, although these will tend to be smaller than those in the pre-crisis period.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.

Crime

The crime rate is low. However, petty crime (mugging, purse snatching) occurs, particularly on public transport and in bars and restaurants.

Foreigners are often targeted in less populated areas after dark. Walk only along main roads and sidewalks. At night, avoid walking alone in parks, poorly lit areas, parking lots and side streets and alleys, particularly in the Old Town and Užupis neighbourhoods of Vilnius.

Auto theft occurs, especially of new and expensive cars. Lock unattended vehicles and conceal all items (including radios, GPS). Keep vehicles in a guarded parking lot, particularly overnight.

Road travel

Roads are generally in good condition, but lanes are not always clearly marked. Travelling at night in rural areas can be hazardous due to slow-moving horse-drawn carts, bicycles and vehicles travelling without taillights or reflectors on poorly lit streets and highways.

Winter driving can be dangerous.

Public Transportation

Taxis are inexpensive. Use only officially marked taxis from taxi stands or reputable hotels.

Rail service is generally slow. While some trains have been updated, others are old and uncomfortable. Safeguard your personal belongings when travelling on overnight international trains.

Bus service within the capital and its environs is safe and reliable. Frequent bus and air services link Lithuania to neighbouring countries.

See Transportation Safety in order to verify if national airlines meet safety standards.

Demonstrations

Demonstrations occur periodically in larger urban centres. Although they are usually peaceful, avoid all demonstrations and large gatherings as some may suddenly turn violent. Follow the advice of local authorities and monitor local media.

Spiked food and drinks

Never leave food or drinks unattended or in the care of strangers. Be wary of accepting snacks, beverages, gum or cigarettes from new acquaintances, as they may contain drugs that could put you at risk of sexual assault and robbery. This may be of a particular concern at bus and railway stations.

Fraud

Credit card fraud occurs, particularly in areas frequented by tourists. When using your card, ensure that it remains in view and retain your transaction copy along with the carbon paper, should there be one.

See Overseas Fraud for more information on scams abroad.

General safety measures

Exercise normal security precautions in crowded areas, on public transportation and at airports, railway stations, bars, restaurants and hotels. Ensure that your personal belongings, passports and other travel documents are secure at all times.

Emergency services

Dial 112 for emergency assistance.

Annual Cases

Budget Autonomy Yes
Annual Budget of the Agency USD 7 million (2012)
Per Capital Expenditure $(US) 1.99
Expeniture as % of the GDP 0.114%
Are employees protected by law from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)? Yes
Does your country have freedom of information legislation? Yes
Does your country have conflict of interest legislation? Yes
Does your country have a financial disclosure system to help prevent conflicts of interest? Yes
Who appoints the head of your agency? The director of the Special Investigation Service is appointed by the President with the consent of the Seimas (Parliament).
Who has the authority to remove the head of the ACA? The director of the Special Investigation Service is dismissed by the President with the consent of the Seimas (Parliament).
Is there any term limit for the head of the ACA? Yes , The director is appointed for a term of five years but he may hold this post no longer than for two terms in succession.
Does your agency measure performance? Yes
Number of investigations launched
Number of investigations completed
Other, please specify
Number of corruption risk analyses carried out in a variety of sectors
Number of legislation reviews from the anti-corruption point of view
Number of anti-corruption training carried out
Number of complaints about corruption handled
Full access to Government Yes

Address Format

RECIPIENT

STREET_NAME ABBREVIATION_STREET_TYPE HOUSE_NUMBER[-APARTMENT]
[DEPENDENT_LOCALITY]
POSTAL_CODE LOCALITY
LITHUANIA

Sample

Adelei Mickienei
Plento g. 17-2
Ariogala
60249 Raseiniu r.sav.
LITHUANIA

 

Summary

Calendar GMT Reference Actual Previous Consensus Forecast
2015-01-30 09:00 AM Q4 2.4% 2.7% (R) 3.1%
2015-02-27 09:00 AM Q4 2.40% 2.7% 2.4% 2.4%
2015-04-30 09:00 AM Q1 1.2% 2.5% (R) 2.18%
2015-05-29 09:00 AM Q1
2015-07-30 09:30 AM Q2 1.2% 1.83%
2015-08-28 09:00 AM Q2
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