Republic of Lithuania Law Amending Article 133 of Law No IX-2206 on the Legal Status of Aliens


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REPUBLIC OF LITHUANIA
LAW AMENDING ARTICLE 133 OF
LAW NO IX-2206 ON THE LEGAL STATUS OF ALIENS
 
16 November 2017   No XIII-742
Vilnius
 
 
Article 1. Amendment of Article 133
Article 133 shall be amended and set forth to read as follows:
“Article 133. Ban on Entry into the Republic of Lithuania
1. An alien who has been refused a visa or it has been annulled or who has been refused a residence permit or it has been withdrawn, an alien who has been refused admission to the Republic of Lithuania, has been imposed an obligation to leave the Republic of Lithuania, has been returned to a foreign state or has attempted to leave the Republic of Lithuania, or left it, unlawfully or an alien who does not have the right to reside in the Republic of Lithuania and fails to comply with obligations to the customs or has failed to pay a fine/fines imposed in accordance with the procedure laid down by laws of the Republic of Lithuania may be subject to an entry ban prohibiting entry into the Republic of Lithuania for a period not exceeding five years.
2. An alien who has been expelled from the Republic of Lithuania shall be the subject of an entry ban prohibiting entry into the Republic of Lithuania for a period not exceeding five years.
3. An entry ban shall not apply to an alien who has been expelled from the Republic of Lithuania on grounds of his failure to comply with the obligation to leave the Republic of Lithuania within the specified time limit or his failure to voluntarily leave the Republic of Lithuania within a time limit specified in a decision to return him to a foreign state, where he was issued a temporary residence permit on the ground specified in Article 40(1)(12) of this Law as a victim of trafficking in human beings and where he does not represent a threat to national security or the community.
4. An alien shall be the subject of an entry ban prohibiting entry into the Republic of Lithuania for a period not exceeding five years if there are serious grounds for believing that the alien has committed a serious or grave crime against a person in a foreign state thus violating the universal human rights and freedoms, or has committed a criminal act of a corruptive nature or a criminal act with indications of money laundering as defined in laws or international treaties of the Republic of Lithuania, or has instigated or otherwise participated in committing such criminal acts and/or for these reasons the alien is placed on the national no-entry list of another EU Member State, member country of the European Free Trade Association or country of the North Atlantic Treaty Organisation.
5. An alien may be the subject of an entry ban prohibiting entry into the Republic of Lithuania for a period exceeding five years where he may represent a threat to national security or public policy.
6. A citizen of an EU Member State and/or his family member or another person who enjoys the right of free movement under legal acts of the European Union may be the subject of an entry ban prohibiting entry into the Republic of Lithuania for a period not exceeding five years solely in the case when his entry into and stay in the Republic of Lithuania may represent a threat to national security or public policy.
7. The national no-entry list shall be drawn up and managed, the data from this list shall be published and forwarded to the central second generation Schengen information system by the Migration Department in accordance with the procedure established by the Government of the Republic of Lithuania.
8. A decision to ban/not to ban an alien’s entry into the Republic of Lithuania shall be taken by the Migration Department. A decision to ban an alien’s entry into the Republic of Lithuania on the grounds specified in paragraph 4 of this Article shall be taken by the Minister of the Interior on the recommendation of the Minister of Foreign Affairs. The length of the ban on entry into the Republic of Lithuania shall be determined on a case-to-case basis with due regard to all relevant circumstances of an individual case.
9. An alien shall be informed in writing in accordance with the procedure established by the Government of the Republic of Lithuania about a decision to ban his entry into the Republic of Lithuania, provided that the alien’s place of residence or other contact details are known and that there are no reasons specified in paragraph 10 of this Article for which the information is not furnished to the alien.
10. Information about a decision to ban an alien’s entry into the Republic of Lithuania shall not be furnished to the alien if the furnishing of such information would be detrimental to state security, defence, public security, the prevention, investigation, detection and prosecution of criminal acts. A citizen of a EU Member State and/or his family member or any other person who enjoys the right of free movement under legal acts of the European Union shall not be furnished with information about the actual circumstances of a decision to ban his entry into the Republic of Lithuanian if the furnishing of such information would be detrimental to the interests of state security.”
 
Article 2. Entry into force and implementation of the Law
1. This Law, except for paragraph 2 of this Article, shall enter into force on 1 January 2018.
2. The Government of the Republic of Lithuania shall, by 31 December 2017, adopt legal acts implementing this Law.
 
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
 
 
President of the Republic                                                                                     Dalia Grybauskaitė