Law Amending the Law on Intelligence


Published: 0000-00-00

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
 
REPUBLIC OF LITHUANIA
LAW
AMENDING THE LAW ON INTELLIGENCE
 
17 October 2012  No XI-2289 Vilnius
 
 
 
Article 1. Revised Version of the Law of the Republic of Lithuania on Intelligence
The Law of the Republic of Lithuania on Intelligence shall be amended and set forth to read as follows:
 
“Republic of Lithuania
LAW
ON INTELLIGENCE
 
CHAPTER ONE
GENERAL PROVISIONS
 
Article 1. Purpose of the Law
This Law shall stipulate the legal grounds for activities of intelligence institutions, the objectives, areas and principles of activities, rights and duties, structure of the institutions, the grounds for and ways of exercising of control of their activities, also the status of intelligence officers, the course of their service, official liability, basic pay, social benefits and other guarantees.
 
Article 2. Definitions
1. Counterintelligence shall mean the activities of institutions authorised under this Law including collection, processing, and assessment of information on internal risks, dangers and threats to national security and national interests of the Republic of Lithuania and provision of such information to the institutions ensuring national security, also the activities aimed at elimination of such risks, dangers and threats.
2. Misconduct in office shall be a culpable act (act or omission), as stipulated by this Law, which is in conflict with law and which incurs liability.
3. Intelligence shall mean the activities of institutions authorised under this Law including collection, processing, and assessment of information on external risks, dangers and threats to national security and national interests of the Republic of Lithuania and provision of such information to the institutions ensuring national security.
4. Intelligence information shall mean data obtained in the process of intelligence and counterintelligence. The data obtained in the course of conducting criminal intelligence investigation shall not constitute intelligence.
5. Intelligence institution shall mean a state institution which, in accordance with the procedure laid down by this Law, has been tasked with intelligence and counterintelligence.
6. Activities of an intelligence institution shall mean the activities of intelligence, counterintelligence and internal administration carried out by an intelligence institution.
7. Intelligence method shall mean a means of obtaining intelligence information.
8. Intelligence officer shall mean a person who serves at an intelligence institution under a contract on intelligence service or professional military service and who carries out intelligence or counterintelligence and/or who is subject to special conditions of recruitment to and fulfilment of service, activity restrictions and prohibitions and restrictions on private life. An intelligence officer shall be held equal to a statutory civil servant.
9. Demeaning of the name of an intelligence officer shall mean an officer’s act, whether related or not related to performance of duties, whereby the officer degrades the authority of an intelligence institution, destroys trust in the intelligence institution or demeans it and creates a negative misleading public opinion about the institution and officials thereof.
10. Covert human intelligence source shall mean a legally capable natural person who is engaged in covert cooperation with an intelligence institution on a contractual basis.
11. Intelligence task shall mean a written document stipulating assignments to obtain and submit intelligence information to persons duly authorised to possess it and serving as a basis for intelligence and counterintelligence.
 
Article 3. Legal Grounds for Activities of Intelligence Institutions
In performing their assignments, intelligence institutions shall be guided by the Constitution of the Republic of Lithuania, the Law of the Republic of Lithuania on the Basics of National Security, this Law, other legal acts and international treaties to which the Republic of Lithuania is a party.
 
Article 4. Principles of Activities of Intelligence Institutions
1. The activities of intelligence institutions shall be based on general legal and special principles.
2. The activities of intelligence institutions shall be carried out in compliance with the following general legal principles:
1) lawfulness;
2) allegiance to human rights and fundamental freedoms,
3) precedence of public and national interests;
4) accountability to the main government institutions of the State in charge of ensuring of national security.
3. Special principles of activities of intelligence institutions shall be as follows:
1) political neutrality – intelligence institutions and intelligence officers may not use the powers granted to them so that they wilfully interfere, by their active or passive conduct, in the democratic processes taking place in the State and participate in political decision-making;
2) prohibition of publication of activity methods – the methods of activities of intelligence institutions are not public and may not be disclosed to persons not engaged in intelligence and counterintelligence or not exercising control or coordination of these activities;
3) timeliness – intelligence information must be provided to institutions ensuring national security within a reasonable time limit;
4) objectivity – intelligence information may not be distorted and biased;
5) clarity – intelligence information must be provided in a manner that would prevent it from being interpreted ambiguously and differently.
 
Article 5. Protection of Information on Intelligence Institutions and Activities Thereof
Intelligence tasks, intelligence information, intelligence methods, information on the activities of intelligence institutions, covert human intelligence sources, funding of intelligence institutions, and their logistics support shall be classified, declassified and processed in accordance with the procedure laid down by laws.
 
CHAPTER TWO
AIM OF ACTIVITIES OF INTELLIGENCE INSTITUTIONS, OBJECTIVES OF INTELLIGENCE AND COUNTERINTELLIGENCE
 
Article 6. Main Aim of Activities of Intelligence Institutions
The main aim of activities of intelligence institutions shall be to strengthen national security of the Republic of Lithuania by collecting information on risks, dangers and threats, providing it to institutions ensuring national security and eliminating these risks, dangers and threats.
 
Article 7. Objectives of Intelligence and Counterintelligence
1. The objective of intelligence shall be to forecast and identify risks, dangers and threats arising from abroad and capable of affecting the sovereignty of the State, inviolability and integrity of its territory, constitutional order, interests of the State and its defence and economic power.
2. The objectives of counterintelligence shall be as follows:
1) to forecast, identify and eliminate risks, dangers and threats arising within the Republic of Lithuania and capable of affecting public political and economic processes, also capable of impairing the sovereignty of the State, inviolability and integrity of its territory, constitutional order, interests of the State and its defence and economic power;
2) to identify the activities of foreign intelligence and security institutions and related persons capable of impairing the sovereignty of the State, inviolability and integrity of its territory, constitutional order, interests of the State and its defence and economic power, and eliminate these risks, dangers and threats;
3) to organise and implement the protection of information comprising a state secret or an official secret and control the protection of such information within the Republic of Lithuania and at institutions of the Republic of Lithuania abroad.
 
SECTION THREE
INTELLIGENCE INSTITUTIONS, AREAS OF ACTIVITIES, RIGHTS AND DUTIES THEREOF
 
Article 8. Intelligence Institutions and Areas of Activities Thereof
1. Activities of intelligence institutions in the Republic of Lithuania shall be carried out by the following institutions:
1) the State Security Department of the Republic of Lithuania (hereinafter: ‘the State Security Department’) – a state institution accountable to the Seimas of the Republic of Lithuania (hereinafter: ‘the Seimas’) and the President of the Republic;
2) the Second Investigation Department under the Ministry of National Defence (hereinafter: ‘the Second Investigation Department’) – an institution of the system of national defence subordinate to the Minister of National Defence.
2. The State Security Department shall engage in intelligence and counterintelligence:
1) in public political, economic, scientific, technological and information activity areas, with the exception of the areas indicated in point 1 of paragraph 3 of this Article;
2) in the area of security of the state diplomatic service of the Republic of Lithuania and other institutions of the Republic of Lithuania operating abroad, with the exception of the institutions indicated in point 2 of paragraph 3 of this Article;
3) in the areas of protection of information comprising a state secret and an official secret, with the exception of the institutions indicated in point 3 of paragraph 3 of this Article;
4) in the area of installation and operation of electronic communications networks intended for state governance and cryptographic and other protection thereof.
3. The Second Investigation Department shall engage in intelligence and counterintelligence:
1) in defence, military/political, military/economic, military/technological and military/information areas;
2) in the area of activities of institutions of the national defence system of the Republic of Lithuania abroad;
3) in the area of protection of information comprising a state secret and an official secret of institutions of the national defence system of the Republic of Lithuania.
 
Article 9. Rights and Duties of Intelligence Institutions
1. An intelligence institution shall be granted the following rights in implementing the objectives assigned to it:
1) to apply intelligence methods;
2) to carry out, in accordance with the procedure laid down by this Law, the actions sanctioned by court;
3) to conduct criminal intelligence investigation in the cases and in pursuit of the goals specified by this Law;
4) to obtain from institutions, undertakings, agencies and organisations the information which is necessary for intelligence institutions;
5) to cooperate, with a view to ensuring national security of the Republic of Lithuania, with intelligence and security institutions of foreign states, international organisations and institutions;
6) to cooperate with legal and natural persons;
7) to classify intelligence officers, encrypt their service affiliation, classify and encode the identity of intelligence officers and covert human intelligence sources, service affiliation of premises, vehicles and means of communication of intelligence institutions, also other technical means;
8) to establish cover legal entities and make use thereof;
9) to use the documents and means not disclosing the identity and service affiliation;
10) to acquire and use technical and other means and materials required for activities of intelligence institutions and protection of intelligence officers, covert human intelligence sources and their family members, premises of intelligence institutions or another property;
11) to carry out auxiliary activities required for the carrying out of activities of intelligence institutions, that is, to organise and carry out the activities of maintenance and upkeep of premises, buildings and the territory, maintenance of technical systems and vehicles, catering and other administrative, logistics support activities using internal human resources and funds of the State Budget;
12) to keep accounts, in accordance with the procedure laid down by the Government of the Republic of Lithuania (hereinafter: ‘the Government’), of income and tangible assets received in the course of application of intelligence methods and carrying out of information collection actions, whether sanctioned or not sanctioned by court, or conducting of criminal intelligence investigation and use such income and assets for the activities of intelligence institutions;
13) to engage experts and professionals;
14) to procure service firearms;
15) to perform a polygraph test in accordance with the procedure laid down by law;
16) to organise the training of intelligence officers and improvement of their professional qualifications;
17) to receive support from foreign states, international organisations and institutions;
18) to adopt, within its remit, the legal acts regulating the activities of intelligence institutions.
2. An intelligence institution shall be subject to the following duties:
1) to provide to state institutions ensuring national security of the Republic of Lithuania the intelligence information required for performance of functions thereof;
2) to notify in writing the state institutions whereto intelligence institutions are accountable of the activities carried out by the intelligence institutions and cooperation with foreign intelligence and security institutions, international organisations and institutions;
3) to ensure their own security and the protection of intelligence officers and covert human intelligence sources and family members thereof;
4) to manage intelligence information;
5) to process personal data;
6) to provide public information about its activities to the public.
 
CHAPTER FOUR
GROUNDS FOR INTELLIGENCE AND COUNTERINTELLIGENCE, COLLECTION, PROCESSING, USE AND PROVISION OF INTELLIGENCE INFORMATION
 
Article 10. Grounds for Intelligence and Counterintelligence
1. Intelligence and counterintelligence shall be based on intelligence tasks in compliance with the intelligence information needs and priorities as approved by the State Defence Council.
2. Intelligence tasks shall be set for subordinate intelligence institutions by the Minister of National Defence and the Director of the State Security Department in compliance with the intelligence information needs and priorities as approved by the State Defence Council with a view to implementing the objectives of intelligence and counterintelligence.
 
Article 11. General Provisions of Collection of Intelligence Information
Intelligence information shall be collected in the course of:
1) application of intelligence methods;
2) carrying out of actions sanctioned by court;
3) obtaining of data from state and departmental registers, information systems and databases;
4) obtaining of data from legal and/or natural persons.
 
Article 12. Collection of Intelligence Information in the Course of Application of Intelligence Methods
Intelligence methods, the procedure and time limits for applying them and the conditions of their application shall be specified by the Government.
 
Article 13. Collection of Intelligence Information in the Course of Carrying out of Actions Sanctioned by Court
1. Under a regional court’s reasoned ruling, the following actions may be carried out:
1) monitoring and recording of the content of information transmitted by electronic communications networks, correspondence and other personal communications;
2) entering a person’s dwelling, other premises or vehicles, inspection and documenting thereof;
3) seizure or covert inspection and registration of documents or items;
4) obtaining of information on electronic communications events;
5) monitoring and recording of funds, monetary flows, securities, electronic and other means of payment, also any other financial operations.
2. The actions referred to in paragraph 1 of this Article shall be sanctioned by a reasoned ruling of a judge of a regional court authorised by the chairman of such court under reasoned applications of heads of intelligence institutions or their authorised deputies.
3. An application of heads of intelligence institutions or their authorised deputies to a regional court shall contain:
1) data on natural persons (name, surname, personal number) or legal persons (address of the registered office, company’s number) or objects (description thereof) subject to such actions;
2) data (grounds) substantiating the necessity of carrying out sanctioned actions;
3) data on the terminal equipment to be used to transmit information (identification number, name and/or the location of the terminal equipment), where it is intended to control the content of information transmitted by electronic communications networks;
4) specific actions requested to be carried out;
5) the duration of the requested actions;
6) the result aimed at.
4. In the event of a change of the terminal equipment used for covert monitoring and recording of information transmitted by electronic communications networks under a reasoned court ruling or if it is established that a person uses also other terminal equipment for transmission of information, the control and recording of the information which is transmitted by other terminal equipment used by the same person shall be commenced and carried out upon notification, by the head of an intelligence institution, of a regional court which has sanctioned the control of information transmitted by electronic communications networks. Upon receipt of information from the intelligence institution, the regional court shall authorise control of terminal equipment or require to terminate such actions. The regional court shall adopt a decision and notify the intelligence institution thereof without delay.
5. A ruling authorising the actions referred to in paragraph 1 of this Article must indicate:
1) the head of the intelligence institution which has filed the application or his authorised deputy (name, surname, position);
2) data on natural persons (name, surname, personal number) or legal persons (address of the registered office, company’s number) or objects (description thereof) subject to such actions;
3) data (grounds) substantiating the necessity of carrying out sanctioned actions;
4) actions authorised to be carried out;
5) the duration of the authorised actions;
6) the result aimed at.
6. The actions indicated in paragraph 1 of this Article may not last longer than six months. When necessary, the time limit for carrying out these actions may be extended for up to three months. The number of extensions shall not be restricted. A regional court shall, in each case of extension of an authorisation for the carrying out of actions sanctioned by the court for another three months, assess the grounds for submission of the application for extension of these actions.
7. Intelligence institutions shall have the right to refer to any regional court for sanctioning of the actions indicated in paragraph 1 of this Article. Where the court refuses to sanction the actions, it shall be prohibited to refer to another regional court for sanctioning of the same actions.
8. A ruling of the judge referred to in paragraph 2 of this Article refusing to sanction the actions indicated in paragraph 1 of this Article or refusing to extend the time limit for carrying out these actions may be appealed against to the chairman of the regional court within seven days from the receipt of the ruling. The chairman of the regional court must examine the appeal and issue a ruling thereon not later than within seven days from the receipt of the appeal. The decision of the chairman of the regional court shall be final.
 
Article 14. Collection of Intelligence Information from State and Departmental Registers, Information Systems and Databases
1. In implementing the tasks assigned to them, intelligence institutions shall have the right to obtain the data required for their activities from state and departmental registers, information systems and databases.
2. State and municipal institutions, agencies, enterprises and organisations, other legal persons performing the functions delegated by the State must, under individual arrangements, provide conditions for intelligence institutions to use, for no consideration, the state and department registers, information systems and databases managed by them, also submit to the intelligence institutions, for no consideration, the information accumulated, stored and/or processed in the state and departmental registers, information systems or databases managed by them, where such information is required by the intelligence institutions in implementing the tasks assigned thereto.
3. Data of the state and departmental registers, information systems and databases managed by state and municipal institutions, agencies, enterprises, organisations and other legal persons performing the functions delegated by the State shall be provided in the manner specified by the Law of the Republic of Lithuania on Management of State Information Resources or by providing to intelligence institutions a regularly updated extract from the state and departmental registers, information systems or databases, where it is necessary to ensure the security of activities of the intelligence institutions.
4. Information on provision of data from state and departmental registers, information systems and databases to intelligence institutions shall not be disclosed to third parties.
 
Article 15. Obtaining of Data from Persons
1. In implementing the tasks assigned to them, intelligence institutions may, by a reasoned letter of heads of these institutions or authorised intelligence officers, request persons to provide the data required for their activities.
2. Where a person fails, within a time limit indicated by an intelligence institution, to submit the requested data or refuses to submit them, intelligence institutions shall have the right to request a regional court to impose an obligation to provide the data required for implementation of objectives of the intelligence institutions. The ruling of the regional courts may be appealed against to the Lithuanian Court of Appeal within seven days from the receipt of the ruling.  The Lithuanian Court of Appeal must examine the appeal and issue a ruling thereon not later than within seven days from the receipt of the appeal at the Court. The ruling of the Lithuanian Court of Appeal shall enter into force on the day of adoption thereof and shall not be subject to appeal.
3. Private legal persons shall provide the information accumulated, stored and/or processed in their databases to intelligence institutions under individual arrangements.
 
Article 16. Processing of Intelligence Information
1. Intelligence institutions shall process intelligence information in accordance with the procedure laid down by this Law and other legal acts solely for the purposes specified by this Law and exclusively in implementing the objectives assigned thereto. In the event of contradictions between this Law and other laws as regards processing of intelligence information, the provisions of this Law shall apply.
2. The intelligence information collected in the course of carrying out of activities of intelligence institutions shall be processed in a manner so as to prevent unlawful or ungrounded disclosure of sources of intelligence information and violation of rights or legitimate interests of persons cooperating with the intelligence institutions.
3. Intelligence institutions shall process data on the following persons:
1) the persons whose actions may pose a threat to national security of the Republic of Lithuania, interests of the State and its defence and economic power;
2) the persons applying for an authorisation to handle or familiarise with information comprising a state or official secret and having given consent to processing of their personal data;
3) the persons the processing of whose data is necessary with a view to evaluating information on external risks, dangers and threats to national security of the Republic of Lithuania, interests of the State and its defence and economic power;
4) the persons whose data are provided by foreign intelligence and security institutions;
5) the persons who are or were linked with an intelligence institution by ties of service or cooperation.
4. Intelligence information shall be processed in accordance with the procedure laid down by the head of an intelligence institution.
 
Article 17. Use of Intelligence Information
1. Intelligence institutions shall use intelligence information solely to implement the tasks assigned thereto and only for the purposes for which it has been collected.
2. On the basis of received intelligence information, intelligence institutions may initiate criminal intelligence investigation, where they obtain data on the criminal acts provided for in Articles 114, 118, 119, 121, 122, 124, 125, 126, 296 and 297 of the Criminal Code of the Republic of Lithuania and these data prove insufficient to initiate pre-trial investigation.
3. A decision on initiation of criminal intelligence investigation shall be taken by the head of an intelligence institution in accordance with the procedure laid down by internal legal acts of the intelligence institution. Upon initiation of criminal intelligence investigation, collection of investigation on a specific natural or legal person shall be terminated without delay.
4. The criminal intelligence investigation referred to in paragraph 2 of this Article shall be conducted in accordance with the procedure laid down by the Law of the Republic of Lithuania on Criminal Intelligence, and the data obtained in the course thereof may be used in accordance with the procedure laid down by the Law on Criminal Intelligence. After initiating criminal intelligence investigation, the provisions of this Law shall no longer apply.
5. The institutions ensuring national security of the Republic of Lithuania and other state institutions whereto intelligence information has been entrusted shall have the right to use such information:
1) for the purpose of implementation of specified tasks and performance of functions or decision-making;
2) for the purpose of conducting of criminal intelligence investigation;
3) in criminal proceedings.
6. The persons who unlawfully disclosed intelligence information or used this information for purposes other than provided for by this Law shall be held liable in accordance with the procedure laid down by legal acts.
 
Article 18. Provision of Intelligence Information
1. Intelligence information shall be provided by an official document.
2. Intelligence institutions shall provide intelligence information:
1) the institutions ensuring national security of the Republic of Lithuania and other state institutions in compliance with the intelligence information needs and priorities as approved by the State Defence Council;
2) the institutions ensuring national security of the Republic of Lithuania and other state institutions concerning risks, dangers and threats not listed among the needs and priorities approved by the State Defence Council, but capable of affecting the ensuring of sovereignty of the State, inviolability and integrity of its territory, constitutional order, interests of the State and its and defence and economic power, and implementation of foreign policy of the Republic of Lithuania;
3) law enforcement institutions of the Republic of Lithuania for the purpose of initiation of criminal intelligence investigation or criminal proceedings.
3. Subject to individual requests, intelligence institutions shall have the right to provide intelligence information to:
1) the institutions ensuring national security of the Republic of Lithuania and other state institutions, where the requested information is related to the direct functions thereof and may be relevant for activities of such institutions;
2) international organisations and institutions and competent authorities of foreign states, where the possibility of provision of such information is provided for in international treaties or agreements;
3) the institutions exercising control of intelligence institutions, where other information previously provided proves insufficient for the performance of functions stipulated for them in legal acts or for adoption of decisions.
4. A decision on provision of intelligence information subject to individual requests or refusal to provide it shall be taken by the Director of the State Security Department or the Director of the Second Investigation Department or the persons authorised by them.
5. Provision of intelligence information shall be refused where:
1) the request to provide intelligence information does not contain the reasons for the request and the purpose of use of such information;
2) provision of intelligence information to an international organisation and institution or a competent authority of a foreign state may threaten the interests of national security or foreign policy;
3) this would cause damage to activities of an intelligence institution.
6. Heads of intelligence institutions must give a notice of the refusal to provide information without delay to state institutions to which the intelligence institutions are subordinate.
 
CHAPTER FIVE
COORDINATION AND CONTROL OF ACTIVITIES OF INTELLIGENCE INSTITUTIONS
 
Article 19. Coordination of Activities of Intelligence Institutions
1. The activities of intelligence institutions shall be coordinated by the State Defence Council. The Council shall:
1) approve intelligence needs and priorities;
2) approve strategies of activities of intelligence institutions;
3) assess conformity of intelligence information to intelligence needs and priorities;
4) resolve the issues of coordination of activities of intelligence institutions;
5) establish guidelines for international cooperation of intelligence institutions with intelligence and security institutions of foreign states, international organisations and institutions.
2. The issues of interoperability and coordination of actions of intelligence institutions shall be resolved by heads thereof.
 
Article 20. General Principles of Control of Activities of Intelligence Institutions
1. The head of an intelligence institution shall report to the State Defence Council on an annual basis for the activities of the intelligence institution directed by him and submit draft strategies of activities of the intelligence institution according to the areas of activities of the intelligence institution.
2. The persons exercising control of activities of intelligence institutions must hold authorisations to handle or familiarise with the information comprising a state secret and classified “Top Secret” and security clearances granting the right to handle or familiarise with the classified information released by foreign states or international organisations and assigned a classification equivalent to “Top Secret”.
3. When exercising control of activities of intelligence institutions, the data which might disclose the identity of classified intelligence officers or covert human intelligence sources, intelligence methods, means and tactics and undermine the activities of the intelligence institutions shall not be provided.
 
Article 21. Parliamentary Scrutiny of Intelligence Institutions
1. Parliamentary scrutiny of intelligence institutions shall be exercised by a Seimas committee specified by the Statute of the Seimas in accordance with the procedure laid down by the Statute of the Seimas.
2. The Seimas committee shall:
1) control the compliance with laws and other legal acts of the Republic of Lithuania by intelligence institutions and intelligence officers in implementing the tasks assigned to them;
2) consider complaints of persons pertaining to actions of intelligence institutions and intelligence officers;
3) submit proposals concerning improvement of the legal acts related to activities of intelligence institutions and protection of human rights in the area of intelligence and counterintelligence;
4) establish shortcomings in activities of intelligence institutions and provide recommendations on elimination thereof.
3. The Seimas committee shall have the right to obtain and consider:
1) intelligence information needs;
2) reports on activities of intelligence institutions;
3) data on intelligence institutions’ need for funds of the budget and use thereof;
4) oral and written explanations of heads and officers of intelligence institutions and reports on implementation of laws and other legal acts of the Republic of Lithuania;
5) other information on the issues of activities of intelligence institutions.
4. The head of an intelligence institution shall annually submit a report on activities of the institution directed by him in accordance with the procedure laid down by the Statute of the Seimas.
5. Intelligence officers shall have the right to directly address the Seimas committee regarding the activities carried out by the intelligence institution.
 
Article 22. Government Scrutiny of Intelligence Institutions
1. The Government shall exercise control over intelligence institutions within the remit established by the Constitution and laws of the Republic of Lithuania.
2. The Government shall:
1) provide to intelligence institutions, according the intelligence needs and priorities approved by the State Defence Council, the intelligence information needs required to ensure national security;
2) obtain from intelligence institutions, in accordance with the procedure laid down by this Law, information on risks, dangers and threats to national security.
3. Intelligence institutions shall submit to the Prime Minister annual assessment of risks, dangers and threats to national security and interests of the State and a report on the areas of their activities. The annual assessment of risks, dangers and threats to national security and interests of the State and the report shall be submitted prior to preparation of the Government report on the status and development of national security. The Prime Minister may familiarise specific ministers, in accordance with their remit, with the assessment and report submitted by the intelligence institutions.
 
Article 23. Examination and Consideration of Complaints over Actions of Intelligence Officers Engaged in Intelligence and Counterintelligence
Complaints over actions of intelligence officers resulting, when engaged in intelligence and counterintelligence, in violations of human rights or freedoms shall be examined and considered by Seimas Ombudsmen in accordance with the procedure laid down by the Law of the Republic of Lithuania on the Seimas Ombudsmen.
 
Article 24. Internal Control of Intelligence Institutions
1. With a view to ensuring the legitimacy, economic advantage, effectiveness, efficiency and transparency of activities of an intelligence institution, the head of the intelligence institution shall, in organising the internal control of the intelligence institution at the institution directed by him:
1) establish the control divisions directly subordinate to him and performing, in the course of examination and assessment of activities of an intelligence institution, an assessment of activities, management, conformity, information systems and other assessment;
2) adopt, within his remit, the legal acts regulating internal control.
2. Intelligence institutions shall submit to a Seimas committee, on a biannual basis or at a separate request of this committee, systematised statistics on the results of internal control, also on the official internal investigations being conducted, personnel administration, structure and other information related to internal control.
 
Article 25. Audit and Control of Financial Operations of Intelligence Institutions
1. Audit of intelligence institutions shall be carried and control of financial operations thereof shall be exercised in accordance with the procedure laid down by laws and other legal acts.
2. Heads of intelligence institutions shall, in compliance with the minimum financial control requirements approved by the Government or an institution authorised by it, create and supervise a mechanism of financial control at the institutions directed by them and approve financial control rules.
 
Article 26. Provision of Information about Intelligence Institutions to the Public
1. Intelligence institutions shall, on an annual basis, publish unclassified activity reports and assessment of threats to national security according to the areas of their activities.
2. Other information on activities of intelligence institutions may be provided to the public or to individuals only by a decision of the head of an intelligence institution.
 
CHAPTER SIX
STRUCTURE AND MANAGEMENT OF INTELLIGENCE INSTITUTIONS
 
Article 27. Intelligence Institutions
1. The State Security Department shall be a legal person funded from the State Budget and having a seal bearing the Lithuanian state emblem and the inscription "Republic of Lithuania. State Security Department" and bank accounts.
2. The Second Investigation Department shall be a legal person funded from the State Budget and having a seal bearing the Lithuanian state emblem and the inscription "Republic of Lithuania. Second Investigation Department under the Ministry of National Defence" and bank accounts.
3. Intelligence institutions shall have their flags, badges, medals and other insignia. Manufacturing of flags, badges, medals and other insignia of intelligence institutions in cases other than those ordered by the intelligence institutions shall be prohibited. The intelligence institutions shall have the exclusive right to handle and use these flags, badges, medals and other insignia
4. Flags, badges, medals and other insignia of intelligence institutions shall be approved by heads of these institutions.
5. The professional holiday of intelligence officers shall be 27 October – the Day of Intelligence Officers.
 
Article 28. Structure of Intelligence Institutions
1. Intelligence institutions shall consist of boards, units, and subunits.
2. The regulations, structure and the list of positions of the State Security Department shall be approved by the Director of the State Security Department.
3. The regulations and structure of the Second Investigation Department, the list of positions, the maximum permissible number of intelligence officers and employees working under employment contracts (hereinafter: ‘employees’), also the annual limit number of servicemen and senior officers of each rank, generals and admirals shall be approved by the Minister of National Defence.
4. The maximum permissible number of intelligence officers of the State Security Department and employees working under employment contracts shall be set by the Board of the Seimas.
 
Article 29. Personnel of Intelligence Institutions
1. The personnel of intelligence institutions shall consist of:
1) intelligence officers;
2) persons working under employment contracts.
2. The conditions of work of employees of an intelligence institution shall be established by the Labour Code of the Republic of Lithuania (hereinafter: ‘the Labour Code’) and other legal acts regulating labour relations, unless this Law establishes otherwise.
3. The servicemen fulfilling service at the Second Investigation Department shall be granted the status of a serviceman stipulated by the Law of the Republic of Lithuania on the Organisation of the National Defence System and Military Service (hereinafter: ‘the Law on the Organisation of the National Defence System and Military Service’). They shall be subject, without any reservations, to provisions of Articles 32 and 33, Article 34(4), Articles 39, 40, 41, 48 and 49, Article 51(1) and (2), Article 54(2) and Article 64, whereas other provisions of this Law shall apply to servicemen in professional military service (hereinafter: ‘a serviceman’) to the extent that their status is not specified by the legal acts regulating professional military service.
 
Article 30. Positions of Intelligence Officers
The list of positions of intelligence officers shall be as follows:
1) director;
2) deputy director;
3) head of the board;
4) deputy head of the board;
5) head of the unit;
6) deputy head of the unit;
7) head of the subunit;
8) chief specialist;
9) senior specialist;
10) specialist;
11) junior specialist.
 
Article 31. Heads of Intelligence Institutions
1. The leadership of intelligence institutions shall consist of the director and deputy directors.
2. The following officers of the State Security Department shall be appointed and dismissed by the President of the Republic:
1) the Director – subject to the approval of the Seimas;
2) Deputy Directors – on recommendation of the Director.
3. The following officers of the Second Investigation Department shall be appointed and dismissed by the Minister of National Defence:
1) the Director;
2) Deputy Directors – on recommendation of the Director. 
4. The persons having a record of minimum five years of experience in management may be appointed director and deputy directors of an intelligence institution.
5. The director of an intelligence institution and deputies thereof, also heads of boards and deputies thereof shall be appointed for a period of five years. Persons may be repeatedly appointed to these positions for a term of five years, however they may not hold the same position for more than ten successive years.
6. The director of an intelligence institution shall:
1) organise the work of the intelligence institution and be in charge thereof;
2) represent the intelligence institution;
3) in accordance with the established procedure, submit draft laws and other legal acts to the state institutions having the right of legislative initiative;
4) approve the regulations of structural divisions of the intelligence institution, the job descriptions of intelligence officers and employees;
5) recruit to service (office) and dismiss from service (office) intelligence officers and employees, take decisions on their transfer to another post, sending on missions, removal from office and other issues related to their legal status and the course of service (work);
6) confer service grades to intelligence officers, with the exception of the grades conferred by the President of the Republic or the Minister of National Defence;
7) issue orders and control implementation thereof.
7. In the event of a temporary absence of the director of an intelligence institution:
1) at the State Security Department, a deputy director authorised by the Director of the State Security Department shall act as Director of the Department;
2) at the Second Investigation Department, the Deputy Director of the Second Investigation Department authorised by the Minister of National Defence or another intelligence officer of the Department shall act as Director of the Department.
8. The director and deputy directors of an intelligence institution may be dismissed on the grounds for dismissing intelligence officers from service as provided for by this Law.
 
CHAPTER SEVEN
RECRUITMENT FOR SERVICE (WORK) AT AN INTELLIGENCE INSTITUTION
 
Article 32. Requirements for Persons Recruited for Service (Work) at an Intelligence Institution
1. A person shall be recruited for service (work) at an intelligence institution on a voluntary and selective basis.
2. Any person recruited for service (work) at an intelligence institution shall meet the following main requirements:
1) be a citizen of the Republic of Lithuania;
2) be of good repute;
3) be not less than 18 years of age and not more than 50 years (with the exception of the persons recruited under employment contracts);
4) have attained the education specified for the post sought;
5) be suitable for service (work) according to his health status;
6) meet the requirements set forth by legal acts as are necessary for the issuance of an authorisation to handle or familiarise with classified information or a security clearance, where the position is related to handling of classified information;
7) attain positive results of the selection provided for in Article 34(1) of this Law.
3. A person may not be regarded to be of good repute where he:
1) has been convicted of a grave or serious crime, irrespective of whether the conviction has expired;
2) has been convicted of criminal acts (with the exception of the acts referred to in point 1 of paragraph 3 of this Article), and his conviction has not expired;
3) has been removed or dismissed from the office of a judge, a prosecutor, an advocate, an advocate's assistant, a notary, a court bailiff, a bailiff and a bailiff's assistant or from civil service for professional misconduct or misconduct in office or upon the loss of confidence, and less than five years have lapsed from the date of dismissal;
4) a former staff employee of the USSR State Security Committee (NKVD, NKGB, MGB, KGB) to whom the restrictions under the Law of the Republic of Lithuania on the Evaluation of the USSR State Security Committee (NKVD, NKGB, MGB, KGB) and the Current Activities of the Staff Employees of this Organisation apply, or a person who belonged to the reserve of this organisation;
5) has been removed from office or his mandate of a Member of the Seimas has been revoked through impeachment proceedings;
6) abuses alcohol, narcotic, psychotropic or other psychoactive substances;
7) engages in a conduct or activities not compatible with the requirements of the code of ethics of intelligence officers.
4. Any person recruited for service (work) at an intelligence institution shall meet the following main requirements:
1) junior specialists – to possess at least secondary education;
2) specialists and senior specialists – to possess at least higher college-level, post-secondary or special secondary education completed before 1995;
3) from chief specialists to the director – to possess higher university or equivalent education.
5. The head of an intelligence institution may set forth for certain positions of intelligence officers additional requirements related to a person’s education, knowledge of foreign languages, work experience, intellectual, physical and practical capacities, and moral and psychological suitability for a position of an intelligence officer.
 
Article 33. Restrictions on Recruitment for Service (Work) at an Intelligence Institution
An intelligence institution may not recruit for service (work) the persons:
1) whose capacity has been limited by a court;
2) who have refused to take the oath of allegiance to the State of Lithuania or have breached the oath sworn to the State of Lithuania;
3) who are members or sponsors of political parties and political organisations;
4) who are members of an organisation which is prohibited in accordance with the procedure prescribed by law;
5) who have provided knowingly incorrect data on themselves, their relations and interests;
6) whose spouses, close relatives and the persons related to them by marriage serve (work) at the intelligence institution and where they would be related by direct subordination;
7) who have health disorders that would prevent them from performing duties.
 
Article 34. Selection of Persons for Service (Work) at an Intelligence Institution
1.  Persons shall be recruited for service (work) at an intelligence institution in accordance with the general selection procedure specified by the Director of the State Security Department and the Minister of National Defence with a view to assessing whether a person is suitable for service (work) at the intelligence institution. In the course of the selection procedure, a person may undergo a psychological test and other capacity assessment.
2. A candidate for a position at an intelligence institution must submit an application for recruitment for service (work) at the intelligence institution, information on himself, his relations and interests, a written consent to verification of information on himself and other information indicated in the description of the selection procedure.
3. A candidate for service (work) at an intelligence institution shall be referred for medical examination to a health care establishment in accordance with the procedure laid down by the Government or an institution authorised by it.
4. In order to verify the suitability of a person to be recruited to a position for service (work) at an intelligence institution, a person may be requested to undergo a polygraph test. 
5. A person who participated in the selection procedure shall be notified of the results of the selection.
 
Article 35. Oath of Intelligence Officers
1. Prior to assuming office, an intelligence officer shall swear an oath of allegiance to the State of Lithuania.
2. An intelligence officer shall be entitled to choose one of the following texts of the oath:
1) “ I, (name and surname), without any reservations, do solemnly swear:
to faithfully serve the State of Lithuania,
to defend the State of Lithuania, its freedom and independence,
to conscientiously observe the Constitution of the Republic of Lithuania, laws and orders of senior officers,
to keep all secrets entrusted to me,
to act in a manner to always and everywhere protect the good repute of an intelligence officer.
So help me God.”;
2) “ I, (name and surname), without any reservations, do solemnly swear:
to faithfully serve the State of Lithuania,
to defend the State of Lithuania, its freedom and independence,
to conscientiously observe the Constitution of the Republic of Lithuania, laws and orders of senior officers,
to keep all secrets entrusted to me,
to act in a manner to always and everywhere protect the good repute of an intelligence officer.”
3. Upon swearing the oath of allegiance, an intelligence officer shall place his signature under the text of the oath. The signed text of the oath shall be kept in the intelligence officer's personal file.
4. The oath of the Director of the State Security Department shall be administered by the President of the Republic, and the oath of the Director of the Second Investigation Department - by the Minister of National Defence. The oath of other intelligence officers shall be administered by the head of an intelligence institution or an intelligence officer authorised by him.
 
Article 36. Recruitment for Service (Work) at an Intelligence Institution and a Probationary Period
1. The persons, with the exception of those appointed by a decree of the President of the Republic and by an order of the Minister of National Defence shall be recruited for service (work) at an intelligence institution and appointed to a position by an order of the head of the intelligence institution.
2. When recruiting persons to the position of an intelligence officer, they shall be subject to a probationary period not exceeding 12 months, starting from the commencement of service at the intelligence institution. The period of leave and temporary incapacity shall not be included in the probationary period.
3. A decision on application (non-application) of a probationary period and determination of the duration thereof shall be taken by the head of the intelligence institution.
4. During the probationary period, the head of an intelligence institution shall have the right to terminate an intelligence officer's service contract concluded with the intelligence officer and dismiss him from service without specifying the reasons for the dismissal.
5. The intelligence officers appointed by the President of the Republic and the Minister of National Defence shall not be subject to a probationary period.
 
Article 37. Contracts of Persons Recruited for Service (Work) at an Intelligence Institution
1. Intelligence officers shall fulfil service at an intelligence institution under intelligence officers’ service contracts. The form of an intelligence officer’s service contract shall be specified by this Law (Annex).
2. Intelligence officers’ service contracts shall not be concluded with directors of intelligence institutions and deputies thereof.
3. Intelligence officers’ service contracts shall be concluded with intelligence officers and they shall be appointed to office by the head of an intelligence institution.
4. Employment contracts with employees shall be concluded in accordance with the procedure laid down by the Labour Code.
5. Intelligence officers’ service contracts shall not be concluded with the servicemen fulfilling service at the Second Investigation Department.
 
Article 38. Restoration of the Status of an Intelligence Officer
1. The status of an intelligence officer may be restored, that is, the intelligence officer may be reinstated, in accordance with the procedure laid down by heads of intelligence institutions, in the former office or, where this is not possible, in another intelligence officer’s post at the intelligence institution, to the former intelligence officers who:
1) have been dismissed at their own request from the post and have been appointed to work at an international institution or a foreign state institution;
2) have been dismissed at their own request from the post and have departed together with the spouses transferred, appointed or elected to work abroad.
2. The status of an intelligence officer may be restored within three months from termination of employment with an international institution or a foreign state institution or within three months from the expiry of the period of transfer of the spouse or within three months from filing of an application for restoration of the status of an intelligence officer, where such an application is filed prior to expiry of the period of transfer of the spouse.
 
Article 39. Official ID Cards and Badges
1. An intelligence officer appointed to a post shall be issued an official ID card and a badge.
2. The form of the official ID card and badge and the procedure for issuing, storing and using the official ID cards and badges shall be specified by the head of an intelligence institution.
 
CHAPTER EIGHT
CONDITIONS OF SERVICE AT AN INTELLIGENCE INSTITUTION
 
Article 40. Prohibitions and Restrictions Applicable to Intelligence Officers
1. An intelligence officer shall be prohibited from:
1) being a member or sponsor of political parties and political organisations;
2) being a member of an organisation which is prohibited in accordance with the procedure prescribed by law;
3) participating in the meetings or other public actions of political parties and political organisations expressing political convictions or political demands or directly supporting a political party or a political organisation;
4) making political statements, giving speeches, publishing articles expressing disagreement with the policy declared and implemented by a democratically elected State government, publicly raising political demands to the State government;
5) being the owner of a private or public legal person, a member of a general partnership or a limited partnership, an appointed (elected) member of management bodies, the founder and stakeholder of a legal person;
6) working in private or public legal persons under employment or civil contracts, irrespective of whether this work is remunerated, also receiving other remuneration, with the exception of the cases when the intelligence officer is employed or is remunerated in the interests of the intelligence institution;
7) engaging in economic, commercial or self-employment activities;
8) receiving income from immovable and movable property, funds, securities, member shares and related transactions, where this is of commercial nature;
9) engaging in agricultural activities and forestry;
10) representing the interests of other Lithuanian and foreign legal persons;
11) going on strike;
12) picketing;
13) establishing trade unions, being a member thereof and participating in their activities;
14) using service hours, property and opportunities provided by service for purposes other than those related to the service.
15) accepting gifts or services or offering them, where this can result in a conflict of public and private interests.
2. An intelligence officer may not visit foreign states or territories which are the centre of an armed conflict, or other foreign states or territories for purposes other than those related to the service, where the presence of the intelligence officer therein may threaten the national security or interests of the Republic of Lithuania. The procedure for visiting foreign states by intelligence officers and lists of foreign states or territories which intelligence officers may not visit shall be approved by the head of an intelligence institution.
3. Subject to approval of the head of an intelligence institution, an intelligence officer shall have the right:
1) to engage in creative activities the results of which are subject to the Law of the Republic of Lithuania on Copyright and Related Rights, also in pedagogical practice;
2) to participate in the activities of associations and other non-political alliances.
 
Article 41. Guarantees of the Activities of Intelligence Officers
1. Without the consent of the head of an intelligence institution, intelligence officers may not be brought in, detained, be subject to a body search or inspection of their personal or official vehicles and premises, with the exception of the cases when an intelligence officer is detained in the course of commission of a criminal act. In such a case, the institution which detained the intelligence officer must, not later than within 12 hours, give a notice thereof to the head of the intelligence institution and the Prosecutor General.
2. A decision on institution of criminal proceedings in respect of a criminal act committed by an intelligence officer shall be taken by the Prosecutor General.
3. In order to ensure the protection of intelligence officers and their family members, measures may be applied as provided for in the Law of the Republic of Lithuania on the Protection of Participants in Criminal Proceedings and Criminal Intelligence and Officials of Justice and Law Enforcement Institutions against Criminal Influence.
4. The State shall show concern for an intelligence officer and his family members who became victims for the reasons related to service at an intelligence institution and shall provide assistance thereto. The State shall compensate for the damage incurred to the intelligence officer or his family member for the reasons related to service at the intelligence institution. The procedure for compensating for damage shall be laid down by the Government.
5. An intelligence officer may participate in judicial proceedings only in the capacity of a witness, who shall be subject to anonymity or partial anonymity in accordance with the procedure laid down by laws.
 
Article 42. Performance Appraisal of Intelligence Officers
1. The performance of intelligence officers shall be appraised every 12 months, also in the cases when deciding whether an intelligence officer is suitable for service at an intelligence institution.
2. An intelligence officer’s performance appraisal documentation must describe the officer’s personal traits, conduct, qualification, the ability to perform the functions stipulated for him, conclusions and recommendations.
3. The performance of an intelligence officer shall be appraised by his immediate superior and the next superior officer.
4. An intelligence officer shall be familiarised with the results of the performance appraisal and shall have the right to appeal against the results within 14 calendar days.
5. An appeal shall be considered by a commission formed by the head of an intelligence institution. It shall adopt a decision on the validity of the appeal within 14 calendar days from filing of the appeal. The decision of the commission may be appealed against to the court in accordance with the procedure laid down by legal acts.
6. Performance of intelligence officers shall be appraised according to the common procedure established by the Director of the State Security Department and the Minister of National Defence.
 
Article 43. Training and Improvement of Qualifications of Intelligence Officers
1. Training and improvement of qualifications of intelligence officers shall be organised and implemented at intelligence institutions and educational, training and other establishments of Lithuania and foreign states.
2. The head of an intelligence institution shall approve intelligence officers’ training and qualification improvement programmes and lay down a procedure for selection and referring for training and improvement of qualifications.
3. The intelligence officers referred for training or improvement of qualifications shall, over the entire duration of training or qualification improvement, be guaranteed the posts held and the basic pay under the same conditions of logistics support.
4. The conditions of logistics support of intelligence officers referred for training or qualification improvement shall be established by the Government or an institution authorised by it for the period of training or qualification improvement.
5. Where an intelligence officer is expelled from an educational, training or another establishment to which he was referred for training or qualification improvement or where he terminates a service contract prior to the expiry of the term of service undertaken under the contract or is dismissed from service on the grounds specified in Article 53(1), (2), (3), (4), (5), (7), (8), (9), (10) and (11), he must compensate for the expenses related to his training or improvement of qualifications over the past three years.  The expenses shall not be reimbursed where the intelligence officer is unable to continue service due to illness or lost capacity for work or for the reasons which are beyond the control of the intelligence officer and cannot be eliminated and have been acknowledged by the head of an intelligence institution as valid.
 
Article 44. Reserve of Intelligence Officers
1. A reserve of intelligence officers (hereinafter: ‘reserve’) shall be formed at an intelligence institution.  Intelligence officers may be transferred to the reserve when appointed to other Lithuanian, foreign or international institutions, agencies, undertakings and organisations, also when engaged in other lawful activities and performing specific official assignments of intelligence institutions. 
2. Intelligence officers transferred to the reserve shall not be paid the basic pay and other service-related benefits.
3. The period during which an intelligence officer remains in the reserve shall be included in the length of service.
4. An intelligence officer may be included in the reserve uninterruptedly for a period not exceeding five years and, for exigencies of the service, this period may be extended, however, the total duration of staying in the reserve may not exceed ten years over the entire period of service.
5. An intelligence officer may remain in the reserve not longer than until he attains old-age retirement age.
6. The procedure for forming the reserve shall be laid down by the head of an intelligence institution.
 
Article 45. Service Hours and Duration of Service at Intelligence Institutions
1. Intelligence officers shall serve at an intelligence institution until they reach 55 years of age.
2. Having regard to the needs of an intelligence institution and the request of an intelligence officer, the head of the intelligence institution may extend the period of service until the intelligence officer reaches old-age retirement age.
3. The duration of a service day and the total duration of a service week shall not be limited and depend on the needs of service, however the minimum duration of daily and weekly uninterrupted rest periods as established by the law shall be guaranteed.
4. The procedure for recording service hours of intelligence officers shall be established by the head of an intelligence institution.
 
Article 46. Length of Service of Intelligence Officers
The commencement of the length of service of intelligence officers shall be the commencement of an intelligence officer’s service at an intelligence institution.
 
Article 47. Declaration of the Property, Income and Private Interests of Intelligence Officers
1. Intelligence officers shall declare to an intelligence institution their property, income and private interests in accordance with the procedure laid down by legal acts.  Declarations of property, income and private interests shall be kept at the intelligence institution.
2. Data of declarations of heads of an intelligence institution shall be publicly announced.
3. Declarations of property, income and private interests shall be filled-in, verified and stored in accordance with the procedure laid down by laws and other legal acts.
 
CHAPTER NINE
USE OF SERVICE FIREARMS
 
Article 48. Granting of the Right to Use Service Firearms
1. Intelligence officers shall, taking into consideration the functions performed by them, be granted the right to use service firearms subject to passing an examination in the use of service firearms.
2. The procedure for taking an examination in the use of service firearms and for issuing, returning, carrying, keeping and using service firearms shall be established and a list of intelligence officers granted the right to use service firearms shall be approved by the head of an intelligence institution.
 
Article 49. Use of Service Firearms
1. Intelligence officers shall have the right to use service firearms in self-defence or when defending another person, property, premises, territory, vehicle, service firearms, official documents or another property of the intelligence institution, public or national interests against an initiated or imminent dangerous attempt, regardless of whether they had the possibility of avoiding the attempt or applying for assistance to other persons or authorities, also with a view to averting the danger threatening themselves, other persons or their rights, public or national interests, where such danger could not have been averted by other means and where the damage caused is less than the damage attempted to be averted.
2. Prior to using service firearms, a person against whom the firearms are to be used must be warned thereof. This provision shall not apply where it proves impossible to issue the warning or where the delay poses a direct danger to the life and/or health of the person using service firearms or another person. 
3. Intelligence officers may use service firearms also against an animal posing a danger to the life or health of the intelligence officers themselves or other persons, also may use a firearm to call for help or warn of an imminent danger.
4. The use of service firearms in public gathering places shall be prohibited, where this may cause injuries in respect of bystanders, against women, where their pregnancy is evident, also against persons, where their disability is evident, against minors, where their age is known or their appearance corresponds to their age, with the exception of the cases when they resist in a way which poses a threat to life of a person or when a group of such persons attacks and this attack poses a threat to life.
5. Each instance of the use of service firearms shall be immediately notified to the head of an intelligence institution, and where the use of the firearm resulted in a person’s death or damage to property or bodily injury was incurred, the intelligence officer who used the service firearm shall immediately give a notice thereof to a local police institution or prosecutor’s office.
 
CHAPTER TEN
REDEPLOYMENT, SUSPENSION AND DISMISSAL OF INTELLIGENCE OFFICERS
 
Article 50. Redeployment of Intelligence Officers
1. By the decision of the head of an intelligence institution, intelligence officers may be transferred to an equivalent post in any division of the intelligence institution. Such redeployment shall not require the consent of the intelligence officer concerned.
2. An intelligence officer may be promoted:
1) by consent of the intelligence officer;
2) where a decision on promotion is made subject to a positive performance appraisal of the intelligence officer.
3. An intelligence officer may be demoted:
1) by his own request or consent;
2) as a result of structural reorganisation of the intelligence institution, where there is no other possibility of redeployment;
3) due to his health condition, where there is no other possibility of redeployment;
4) where a decision on demotion is made subject to a negative performance appraisal of the intelligence officer.
4. Intelligence officers may be transferred between intelligence institutions by agreement of the heads of the institutions concerned. Such redeployment shall require the consent of the intelligence officer concerned.
5. Depending on the need for particular specialists, intelligence officers may, according to the procedure established by the laws of the Republic of Lithuania and other legal acts, be appointed to positions at state or municipal institutions, diplomatic missions, consulates and missions to international organisations, foreign and international military or defence institutions, and military units of international operations.
 
Article 51. Temporary Assignment to Perform Other Duties
1. For exigencies of the service, the head of an intelligence institution may temporarily assign intelligence officers, without their consent and transfer to another post, to perform duties of an intelligence officer holding a higher, equivalent or lower post corresponding to his qualification.
2. The temporary assignment of an intelligence officer referred to in paragraph 1 of this Article may not take more than one uninterrupted year.
3. Upon the assignment to perform duties of a higher post in accordance with the procedure laid down in paragraph 1 of this Article, an intelligence officer shall be paid the basic pay which is proportionate to the post assigned. Upon the assignment to perform duties of a lower or equivalent post, the intelligence officer shall be paid the basic pay received before his temporary assignment.
 
Article 52. Suspension of an Intelligence Officer
1. By the decision of the head of an intelligence institution, an intelligence officer may be suspended in the following cases:
1) internal investigation of misconduct in office;
2) being suspected of having committed a criminal act or administrative offence, as a result of which he must not be allowed to carry out his duties;
3) being under the influence of alcohol, drugs, psychotropic substances or other psychoactive substances; in this case, the intelligence officer shall be suspended on that day.
2. A suspended intelligence office shall return his official ID card, material assets and documents received in discharge of his functions.
3. In the period of suspension, an intelligence office shall not be paid the basic pay.
4. An intelligence officer may be suspended for no longer than three months. This period shall not include the sick leave and annual leave periods.
5. If, according to the procedure established by laws, an intelligence officer is not recognised guilty of an administrative offence or criminal act and/or the internal investigation shows that the intelligence officer is not guilty of any misconduct in office, he shall be reinstated in his former office and paid the basic pay for the period of suspension.
6. An intelligence officer may also be suspended in cases and according to the procedure established by other laws.
 
Article 53. Grounds for Dismissal of Intelligence Officers
An intelligence officer shall be dismissed and his contract terminated:
1) at his own request;
2) where it is established that at the moment of his recruitment certain details/documents were concealed or false details/documents were submitted or that the person knowingly provided incorrect information about himself, his relations and interests, which otherwise would prevent him from being recruited;
3) upon the entry into force of the court judgment recognising an intelligence officer guilty of a crime, misdemeanour against the civil service and public interests, national defence service and government order;
4) where he loses the citizenship of the Republic of Lithuania;
5) where he breaks the oath of an intelligence officer;
6) where he fails the probationary period;
7) where he fails to observe the prohibitions or restrictions defined by Article 40 of this Law;
8) where he demeans the name of an intelligence officer by his action during or outside service hours;
9) where, according to the procedure established by laws, he is deprived of the special rights related to the performance of his duties, and there is no other available post corresponding to his qualification;
10) where he is assessed as unfit to continue the service;
11) where he is imposed a disciplinary penalty – dismissal;
12) where it is established that he is not able to perform his duties due to his health status confirmed by a medical conclusion, and his transfer to another post suitable for his health status is impossible;
13) when he is absent from work due to temporary incapacity for more than 120 calendar days in succession or more than 140 calendar days over the past 12 months, unless the laws provide for a longer period of retaining the position in the case of certain illnesses, or where absence from service is not related to health impairment resulting from the performance of official duties or service.
14) where the position is cancelled as a result of liquidation or reorganisation of the intelligence institution or changes in the organisation of service, and there is no vacant post suitable for his qualification or he refuses to be redeployed;
15) where he attains the age defined in Article 45(1) of this Law, and the period of his service has not been extended or the extension period has expired;
16) by agreement of the parties;
17) upon the expiry of the period of appointment to the post defined in Article 31(5) of this Law.
 
Article 54. Procedure for and Terms and Conditions of Dismissal of Intelligence Officers
1.  Intelligence officers shall be dismissed and their service contracts terminated by the order of the head of an intelligence institution, except for the officers who are dismissed by the decree of the President of the Republic or the order of the Minister of National Defence.
2. An intelligence officer being dismissed shall, no later than on the day of dismissal, return his service weapon, official ID card, official badge, documents and other working means received while on service for an intelligence institution.
3. An intelligence officer shall be dismissed and his service contract terminated on the grounds of Article 53(14) of this Law with at least two months’ notice. A pregnant woman (where the intelligence institution is liquidated), a single mother or father of a child (children) under 14 years of age, also a person who will be entitled to the state pension of officers and servicemen in no more than five years shall be served a written four months’ notice of the planned dismissal.
4. An intelligence officer may not be dismissed on the grounds of Article 53(14) of this Law in the sick leave period if the sick leave period lasts for no more than 120 calendar days in succession.
5. The dismissal of a pregnant woman, also a mother or father of a child under three years of age from an intelligence institution shall be prohibited in the absence of his or her fault, except for the cases of liquidation of the intelligence institution.
6. An intelligence officer may be dismissed on the grounds of Article 53(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (15) and (16) of this Law in the annual leave or sick leave period.
7. Intelligence officers, when diseased or, according to the procedure established by laws, declared dead or if their whereabouts are recognised unknown, shall be removed from the lists of intelligence officers by the order of the head of an intelligence institution.
8. Disputes concerning dismissal shall be resolved in accordance with the procedure established by the Law of the Republic of Lithuania on Administrative Proceedings.
 
Article 55. Dismissal of an Intelligence Officer at His Own Request
1. An intelligence officer shall have the right to terminate service of his own accord by submitting a request to the head of an intelligence institution no later than 14 calendar days before termination. An intelligence officer shall be dismissed on the day indicated in his request.
2. Subject to the approval of the head of an intelligence institution, an intelligence officer may be dismissed or his contract terminated before the day indicated in paragraph 1 of this Article.
3. An intelligence officer shall have the right to cancel his request to terminate service of his own accord no later than within three working days of the submission of the request.
4. In the event of the investigation of misconduct in office, an intelligence officer may be dismissed only subject to the completion of the investigation within three working days of the last day of the investigation.
 
Article 56. Dismissal of an Intelligence Officer by Agreement of the Parties
An intelligence officer shall be dismissed by agreement of the parties on the basis of a written agreement defining the time of dismissal, the terms and conditions of granting or compensation of unused annual leave, payment of a severance pay, which may not exceed the amount specified in Article 68(1) of this Law, and compensation of training and qualification improvement costs, and other conditions.
 
CHAPTER ELEVEN
INCENTIVES FOR INTELLIGENCE OFFICERS AND LIABILITY
 
Article 57. Giving Intelligence Officers Incentives and Awards
1. Intelligence officers may be given the following incentives or awards for exemplary service:
1) a note of appreciation;
2) a personal gift;
3) a lump sum cash payment not exceeding the average monthly basic pay of the intelligence officer;
4) a medal or badge of merit of the intelligence institution;
5) a medal of the national defence system.
2. Intelligence officers may be recommended for state awards for special merits in service.
3. Intelligence officers shall be given incentives and awards according to the common procedure established by the Director of the State Security Department and the Minister of National Defence.
4. Incentives or awards shall not be offered to intelligence officers being subject to any effective disciplinary penalties.
 
Article 58. Disciplinary Penalties
The following disciplinary penalties shall be imposed on intelligence officers for misconduct in office:
1) a warning;
2) a reprimand;
3) a severe reprimand;
4) basic pay reduction;
5) dismissal.
 
Article 59. Misconduct in Office
1. Misconduct in office may be categorised as:
1) serious;
2) other types of misconduct in office.
2. Serious misconduct in office:
1) intentional act (act or omission) of an intelligence officer where the official position is used in interests other than the interests of service or contrary to laws or other legal acts, or for self-interest (misappropriation of property, funds, etc. of another person or unlawful transfer of the same to other persons) or for other personal reasons (revenge, envy, provision of unlawful services, etc.), and also any acts of an intelligence officer exceeding the powers conferred on him or exercising discretion (abuse of office), unless there is any indication of a criminal act;
2) intentional or negligent nonfeasance or misfeasance in relation to the official duties defined in the job description, also non-performance or improper performance of a task given by a lawful order or assignment, unless there is any indication of a criminal act (nonfeasance in office);
3) intentional or negligent act committed through the performance  of an unlawful task or assignment (performance of an unlawful task). Where an intelligence officer undertakes or carries out an order or task of doubtful legality, he shall be relieved from liability provided that, according to the procedure established by the rules of procedure or internal rules, he informs a superior officer, who is senior to the officer who has given the order or assignment, or the head of the intelligence institution of the assignment being undertaken or carried out, unless there is any indication of a criminal act in the activities of the intelligence officer;
4) being intoxicated with alcohol, drugs, psychotropic substances or other psychoactive substances during service hours;
5) absence from work for one or more working days without a just cause;
6) intentional or negligent act causing breach of the rules for handling classified information which govern the use and keeping of classified information (breach of the rules for handling classified information), unless there is any indication of a criminal act;
7) intentional or negligent act breaching the procedure for the provision, return, carrying, keeping and use of service firearms, also the rules on the use of other items, mechanisms or equipment recognised as sources of risk (breach of the rules on handling a source of risk);
8) giving a false explanation of misconduct in office, also exerting coercion to give a false explanation;
9) intentional or negligent act violating generally accepted moral and ethical standards, internal rules of procedure or the rules on the use of items, tools and equipment, or having caused damage to property of the intelligence institution, unless there is any indication of a criminal act (causing of damage to property).
3. The following disciplinary penalties may be imposed in cases of serious misconduct in office:
1) a severe reprimand;
2) basic pay reduction;
3) dismissal.
4. Dismissal may be opted for even in a single case of serious misconduct in office.
5. Other types of misconduct in office include breaches of the internal rules of administration, unless there is any indication of serious misconduct in office.
6. The following disciplinary penalties may be imposed in cases of serious misconduct in office:
1) a warning;
2) a reprimand;
3) a severe reprimand;
7. The following are the circumstances mitigating liability for misconduct in office:
1) the person himself notifies of his misconduct in office;
2) the person shows sincere regret;
3) the person prevented adverse effects of misconduct in office and repaired damage of his own accord;
4) misconduct in office was committed in the state of extreme agitation caused by unlawful actions of the aggrieved person;
5) misconduct in office was committed as a result of mental or physical coercion, unless such coercion excludes liability;
6) misconduct in office was committed in breach of the conditions of exigency;
7) misconduct in office was committed exceeding the limits of self-defence;
8) other mitigating circumstances recognised by the head of the intelligence institution as significant.
8. The following are the circumstances aggravating liability for misconduct in office:
1) misconduct in office was committed at the time of war or in the state of emergency;
2) misconduct in office was continued despite the requirement to discontinue such misconduct;
3) serious misconduct in office was repeated over a year;
4) misconduct in office was committed by a group of persons;
5) misconduct in office was committed by a person intoxicated with alcohol, drugs, psychotropic substances or other psychoactive substances.
9. An intelligence officer shall not be liable for misconduct in office committed under conditions of self-defence or exigency, by reason of justified service-related risks or through proper performance of a lawful order.
 
Article 60. Investigation of Misconduct in Office and Imposition of Penalties
1. The procedure of investigation of misconduct in office shall commence no later than within three working days as soon as the head of an intelligence institution or the person authorised by him receives information about the alleged misconduct in office committed by an intelligence officer. The procedure of investigation of misconduct in office comprises an assignment to carry out internal investigation, carrying out of internal investigation and imposition of a disciplinary penalty.
2. Internal investigation shall be conducted by intelligence officers authorised by the head of an intelligence institution
3. Internal investigation shall be aimed at overall, thorough and objective inquiry into misconduct in office, establishment of its causes and conditions, identification of liable persons and ensuring that liability for misconduct in office is assumed only by the persons liable for such misconduct. Where possible, measures need to be determined for the improvement of discipline and prevention of misconduct in office.
4. An internal investigation may not exceed three months, excluding the period of absence of an intelligence officer due to sick leave or annual leave.
5. Where it is established that misconduct in office has the features of a criminal act, the internal investigation shall be discontinued and the internal investigation materials shall be handed over to the institution having the competence to look into relevant criminal acts. Where a criminal procedure is refused or the person is released from criminal liability, the internal investigation shall continue according to the procedure established in this Article.
6. A disciplinary penalty must be imposed not later than within one month of the establishment of misconduct in office, excluding the period of absence of an intelligence officer due to sick leave or annual leave.
7. Upon the commencement of the internal investigation of misconduct in office, an intelligence officer is required to provide a written explanation.
The procedure of the internal investigation of misconduct in office shall continue even if the intelligence officer refuses to give an explanation.
8. A disciplinary penalty shall be imposed by an order of the head of an intelligence institution.
9. One disciplinary penalty shall be imposed for a single case of misconduct in office.
10. The head of an intelligence institution shall impose a disciplinary penalty taking into consideration the following:
1) the nature of misconduct in office committed;
2) form of guilt;
3) personality of the offender;
4) circumstances mitigating or aggravating liability.
11. The basic pay may not be reduced by more than 1/3 or for a period longer than three months. The amount and period of the basic pay reduction shall be determined by the head of an intelligence institution when imposing a disciplinary penalty.
12. An intelligence officer shall be deemed not to have incurred a disciplinary penalty after the expiry of a one-year period from the imposition of the penalty for misconduct in office (with the exception of dismissal).
13. A disciplinary penalty may be cancelled before the end of the period defined in paragraph 12 of this Article, however, no less than six months after it is imposed.
14. Information about the disciplinary penalty imposed on an intelligence officer shall be included in his personal file.
15. The procedure for the internal investigation of misconduct in office and imposition or cancellation of disciplinary penalties shall be established by an order of the head of an intelligence institution.
16. A decision to impose a disciplinary penalty may be appealed against according to the procedure established by legal acts of the Republic of Lithuania.
 
Article 61. Conditions of Pecuniary Liability of Intelligence Officers
1. Intelligence officers who, by an unlawful act (whether intentionally or by negligence), cause direct real damage to the intelligence institution for which they serve shall be bound to pay damages.
2. Intelligence officers shall be bound to assume limited or full pecuniary liability.
3. Intelligence officers shall not be subject to pecuniary liability under the conditions specified in Article 59(9) of this Law.
4. Conditions eliminating pecuniary liability shall be confirmed by an order of the head of an intelligence institution concerning the non-liability of an intelligence officer.
5. The amount of compensation for damage caused to an intelligence institution by negligence of an intelligence officer while on duty may not exceed his three months' basic pay.
6. Intelligence officers, according to the procedure established by laws or other legal acts appointed for a permanent or temporary post or to perform tasks related to the acceptance or transfer, keeping, accounting, management, disposal or handling of material assets, cash resources or other assets, shall be subject to full pecuniary liability for damage caused to an intelligence institution due to their fault, where they have accepted cash resources, material or other assets or started accounting them in practice, or they have been authorised to take decisions in relation to their management, handling or disposing.
7. Regardless of their post, intelligence officers shall be fully liable for damage caused to an intelligence institution due to their fault in the following cases:
1) damage resulting from a criminal act;
2) damage intentionally caused to property or material assets;
3) damage caused by an intelligence officer being intoxicated with alcohol or narcotic, psychotropic or other psychoactive substances;
4) damage to property or material assets caused other than at the time of the discharge of duties or in the interests of service.
8. The procedure for the investigation of pecuniary damage and the determination and payment of damages shall be determined by the head of an intelligence institution.
9. Monthly deductions for damage caused may not exceed 20% of the monthly basic pay to be paid to an intelligence officer concerned.
 
CHAPTER TWELVE
SERVICE GRADES AND MILITARY RANKS OF INTELLIGENCE OFFICERS
 
Article 62. Service Grades and Military Ranks
1. Intelligence officers, except for servicemen, shall be granted service grades.
2. The first grade and the second grade shall be accordingly conferred on the Director of the State Security Department and his deputies by the President of the Republic at the time of their appointment. The first grade and the second grade shall be accordingly conferred on the Director of the State Security Department and his deputies by the President of the Republic at the time of their appointment.
3. Military ranks shall be conferred on servicemen serving at the Second Investigation Department according to the requirements and procedure defined by the Law on the Organisation of the National Defence System and Military Service and orders of the Minister of National Defence.
4. Service grades shall not be conferred on intelligence officers who are subject to effective disciplinary penalties.
5. Intelligence officers shall be appointed to the post corresponding to their service grade. In individual cases and under specific conditions defined by the head of an intelligence institution, an intelligence officer may be appointed to a post of the next higher service grade. Where no post of a relevant service grade is available, the head of the intelligence institution may appoint an intelligence officer to a post of the preceding lower service grade for a period not longer than one year.
6. Service grades shall be conferred according to the common procedure established by the Director of the State Security Department and the Minister of National Defence.
 
Article 63. Equation of Positions, Military Ranks and Service Grades of Intelligence Officers
Intelligence officers shall have the following military ranks and service grades corresponding to their positions:
1) director - from a colonel (captain (navy)) to a brigadier general (rear admiral lower half) or the first grade;
2) deputy director - a colonel (captain (navy)) or the second grade;
3) head of the board and the deputy head of the board - a lieutenant colonel (commander) or the third grade;
4) head of a unit - a major (lieutenant commander) or the fourth grade and a lieutenant colonel (commander) or the third grade;
5) deputy head of a unit or the head of a subunit - a major (lieutenant commander) or the fourth grade;
6) chief specialist - from a lieutenant to a major (lieutenant commander) or from the seventh to the fourth grade;
7) senior specialist - a staff sergeant, staff sergeant specialist (staff master sergeant, staff master sergeant specialist) to a sergeant major (senior master sergeant) or from the twelfth to the eighth grade;
8) specialist - from a private (seaman) to a sergeant first class or sergeant specialist first class or from the fifteenth to the thirteenth grade;
9) junior specialist - a private recruit (seaman recruit) or the sixteenth grade.
 
CHAPTER THIRTEEN
REMUNERATION AND SOCIAL BENEFITS FOR INTELLIGENCE OFFICERS
 
Article 64. Basic Pay and Other Service-Related Benefits of Intelligence Officers
1. The basic pay of intelligence officers shall consist of the basic salary, bonuses for a service grade or military rank and the length of service.
2. The amount of the basic salary of intelligence officers shall be set by the Law of the Republic of Lithuania on the Remuneration of State Politicians and State Officials.
3. The bonus of intelligence officers for a military rank shall be calculated on the base amount of the basic salary as follows:
1) 1.5 for a brigadier general and rear admiral lower half;
2) 1.4 for a colonel and captain (navy);
3) 1.3 for a lieutenant colonel and commander;
4) 1.2 for a major and lieutenant commander;
5) 1.15 for a captain and lieutenant (navy);
6) 1.1 for a first lieutenant;
7) 1 for a lieutenant;
8) 0.9 for a sergeant major and senior master sergeant;
9) 0.8 for a master sergeant and master sergeant (navy)
10) 0.75 for a staff sergeant, staff sergeant specialist, staff master sergeant and staff master sergeant specialist;
11) 0.7 for a sergeant first class and sergeant specialist first class;
12) 0.5 for a sergeant and sergeant specialist;
13) 0.4 for a corporal;
14) 0.3 for a private first class and seaman first class;
15) 0.2 for a private and seaman;
16) 0.1 for a private recruit and seaman recruit.
4. The bonus of intelligence officers for a service grade shall be calculated on the base amount of the basic salary as follows:
1) 1.5 for the first grade;
2) 1.4 for the second grade;
3) 1.3 for the third grade;
4) 1.2 for the fourth grade;
5) 1.15 for the fifth grade;
6) 1.1 for the sixth grade;
7) 1 for the seventh grade;
8) 0.9 for the eighth grade;
9) 0.8 for the ninth grade;
10) 0.75 for the tenth grade;
11) 0.7 for the eleventh grade;
12) 0.5 for the twelfth grade;
13) 0.4 for the thirteenth grade;
14) 0.3 for the fourteenth grade;
15) 0.2 for the fifteenth grade;
16) 0.1 for the sixteenth grade.
5. The bonus of intelligence officers for the length of service shall be calculated on the base amount of the basic salary as follows:
1) 0.45 for service from 1 to 2 years;
2) 0.8 for service from 2 to 4 years;
3) 1.25 for service from 4 to 6 years;
4) 1.5 for service from 6 to 8 years;
5) 1.8 for service from 8 to 10 years;
6) 2.25 for service from 10 to 12 years;
7) 2.7 for service from 12 to 14 years;
8) 3.15 for service from 14 to 16 years;
9) 3.6 for service from 16 to 18 years;
10) 4.05 for service from 18 years onwards.
Version of paragraph 5 after 1 January 2014:
5. The bonus of intelligence officers for the length of service shall be calculated on the base amount of the basic salary as follows:
1) 0.45 for service from 1 to 2 years;
2) 0.8 for service from 2 to 4 years;
3) 1.25 for service from 4 to 6 years;
4) 1.5 for service from 6 to 8 years;
5) 1.8 for service from 8 to 10 years;
6) 2.25 for service from 10 to 12 years;
7) 2.7 for service from 12 to 14 years;
8) 3.15 for service from 14 to 16 years;
9) 3.6 for service from 16 to 18 years;
10) 4.05 for service from 18 to 20 years;
11) 0.25 additionally for each successive year after 20 years of service.
6. In the period of annual leave, intelligence officers shall be paid the average basic pay calculated according to the procedure established by the Government.
7. Intelligence officers who have temporarily lost their capacity for work as a result of  or in relation to the performance of their duties (the person temporarily loses capacity for work for the reason other than an accident while on duty or on the way to/from the place of service) shall, according to the procedure established by the Government, receive a compensation from the funds of the institution in the amount of the difference between their average basic pay and the sickness benefit paid.
8. The provisions of the Law on the Organisation of the National Defence System and Military Service regarding supply with food and official living accommodation shall not apply to servicemen servicing at the Second Investigation Department, except for the servicemen in military elements of international operations.
 
Article 65. Leave of Intelligence Officers
1. The duration of annual leave granted to intelligence officers shall depend on the length of service of intelligence officers:
1) 30 calendar days for service of up to 10 years;
2) 35 calendar days for service from 10 to 15 years;
3) 40 calendar days for service from 15 to 20 years;
4) 45 calendar days for service from 20 years onwards.
2. Annual leave may be granted to intelligence officers fully or in portions, however, one uninterrupted portion of the annual leave may not be less than 14 calendar days.
Annual leave shall be provided for a year of service at the intelligence institution.
3. The unused portion of annual leave shall be provided to an intelligence officer for the previous year of service by the end of the current year of service.
4. An intelligence officer may be recalled from the annual leave for exigencies of the service. Such recalling does not require the consent of the intelligence officer concerned.
5. Intelligence officers may be granted the following types of special leave:
1) maternity leave;
2) paternity leave;
3) parental leave;
4) educational leave;
5) relocation leave;
6) leave for preventive rehabilitation;
7) unpaid leave.
6. Maternity leave and paternity leave shall be provided to intelligence officers according to the procedure established by the Labour Code.
7. Parental leave shall be provided to intelligence officers according to the procedure established by the Labour Code, however it shall not exceed the time when the child reaches the age indicated in Article 45(1) of this Law, provided that the term of service is not extended or the period of extension expires. An intelligence officer may return to work before the expire of his leave with no less than 14 calendar days' notice to the head of an intelligence institution.
8. The conditions of and procedure for the provision and payment of the educational leave of intelligence officers shall be defined by the head of an intelligence institution.
9. A relocation leave of up to five calendar days may be provided to an intelligence officer who changes his place of residence as a result of his appointment to another post or assignment to perform other duties on a temporary basis.
10. Intelligence officers who were engaged in the performance of tasks carrying an element of risk may be provided with up to 15 calendar days' paid leave for preventive rehabilitation depending on the type and duration of the tasks performed. The procedure for granting a leave for preventive rehabilitation shall be laid down by the head of an intelligence institution.
11. Intelligence officers may, in accordance with the procedure laid down by the head of an intelligence institution, be granted an unpaid leave of up to 15 calendar days exclusively for special personal or family reasons.
12. The periods of annual and special leave shall be included in the length of service of an intelligence officer.
13. At the time of dismissal of an intelligence officer, unused annual leave shall not be provided. He shall be paid pecuniary compensation for the unused annual leave.
 
Article 66. State Social Insurance of Intelligence Officers
1. Intelligence officers shall be provided with all types of social insurance specified in the Law of the Republic of Lithuania on State Social Insurance. The procedure for and terms and conditions of insurance shall be defined by legal acts regulating individual types of social insurance.
2. Intelligence officers shall be entitled to the state pension of officers and servicemen according to the procedure established by legal acts regulating the provision of this type of pension.
 
Article 67. Health Care of Intelligence Officers
1. Health care shall be provided to intelligence officers by personal and public health care institutions within the national health system.
2. As regards the suitability for service, the health status of intelligence officers shall be checked according to the set health status criteria and the procedure established by the Government or an institution authorised by the Government.
 
Article 68. Severance Pay for the Dismissal of Intelligence Officers
1. An intelligence officer dismissed for the reasons specified in Article 53(12), (13), (14) and (15) of this Law shall be paid a severance pay which is twice the amount of his monthly average basic pay.
2. The severance pay defined in paragraph 1 of this Article shall be increased 1.5 times, twice or three times for more than five, ten or twenty years of service as an intelligence officer respectively.
 
Article 69. Compensation for the Perishing/Death or Health Impairment of an Intelligence Officer
1. In the event of the perishing/death of an intelligence officer as a result of his service at an intelligence institution, a lump-sum compensation in the amount of the 120 months' basic pay after the deduction of the statutory insurance benefit defined by legal acts shall be paid in equal portions, within one year of the perishing/death of the intelligence officer, to his family, including minor children/adopted children, children/adopted children enrolled as full-time students of educational institutions registered in accordance with the established procedure, until they reach 24 years of age, the spouse, the children of the perished/deceased who were born after his perishing/death, farther or mother, also persons incapable of work who were dependants of the perished/deceased or, on the day of his perishing/death, were entitled to such maintenance.
2. An intelligence officer, when declared dead or if his whereabouts are recognised unknown, shall be deemed declared dead or his whereabouts recognised unknown  for the reasons of his service, and unless proved otherwise, a compensation in the amount of his average basic pay, but not exceeding the amount of the 120 months' basic pay, shall be paid on a monthly basis and in equal portions, as of the recognition of his whereabouts as unknown or announcement of his death, to his family defined in paragraph 1 of this Article and persons incapable of work who were his dependants or, on the day of the recognition of his whereabouts as unknown or the announcement of his death, were entitled to such maintenance.
3. An intelligence officer whose health has impaired while on duty or as a result of the performance of his duties or in relation to his status as an intelligence officer shall be paid a compensation in the amount of his average basic pay, which after the deduction of statutory insurance benefits shall be as follows:
1) 60 months’ average basic pay for the persons who have lost 75-100% of their working capacity;
2) 48 months’ average basic pay for the persons who have lost 60-100% of their working capacity;
3) 36 months’ average basic pay for the persons who have lost 45-100% of their working capacity;
4) 30 months’ average basic pay for the persons who have lost up to 40% of their working capacity;
5) 24 months’ average basic pay in the event of serious health impairment with lasting effects and changed degree of suitability for service, as determined 12 months after curing;
6) 18 months’ average basic pay in the event of serious health impairment with lasting effects and changed degree of suitability for service, as determined 6 months after curing;
7) 12 months’ average basic pay in the event of serious health impairment with lasting effects and changed degree of suitability for service, as determined 3 months after curing.
4. The degree of health impairment and working capacity of an intelligence officer shall be defined by the Government or an institution authorised by the Government according to the procedure established by legal acts.
5. The relation of the perishing/death or health impairment of an intelligence officer with his service shall be determined according to the procedure established by the head of an intelligence institution.
6. The compensations referred to in this Article shall not be paid in the following cases:
1) perishing/death or health impairment of an intelligence officer occurring while committing a criminal act;
2) perishing/death or health impairment of an intelligence officer caused by intoxication with alcohol, narcotic, psychotropic or other psychoactive substances not related to the performance of official duties;
3) suicide, attempted suicide or deliberate self-harm of an intelligence officer;
4) perishing/death or injury of an intelligence officer during a traffic accident if he was driving a vehicle for the reasons other than the performance of official duties without being entitled to drive it, or allowed driving by a person intoxicated with alcohol, narcotic, psychotropic or other psychoactive substances or having no entitlement to drive the vehicle;
5) perishing/death or health impairment of an intelligence officer caused by an illness, which is not related to the performance of official duties;
6) perishing/death or health impairment of an intelligence officer caused by the breach of safety rules.
7. The difference between the compensation paid according to points 5, 6 or 7 of paragraph 3 of this Article and the compensation paid according to points 1, 2, 3 or 4 of paragraph 3 of this Article shall be additionally paid to an intelligence officer who has received a compensation according to points 5, 6 or 7 of paragraph 3 of this Article and whose working capacity is subsequently determined in relation to the same health impairment, taking into consideration the determined level of his working capacity.
8. The amount of a compensation to be paid shall be determined on the basis of the average basic pay of the perished or aggrieved intelligence officer.
 
Article 70. Other Benefits and Guarantees of Intelligence Officers
1. Intelligence officers who are in a difficult financial position by reason of their illness, illness or death of their family member, natural disaster or loss of property or in other extraordinary cases may be granted an allowance of up to five minimum monthly wages.
2. The family of a deceased intelligence officer, except for the one perished due to his service at the institution, shall be paid a death grant in the amount of his average one month's basic pay.  
3. A person may also be recruited for service at an intelligence institution or allowed to continue service in the event of negative medical examination results if so required for serious reasons recognised by the head of the intelligence institution and in the interests of the service.
 
Article 71. Special Social Benefits of Intelligence Officers and Covert Human Intelligence Sources
Special social benefits of intelligence officers and covert human intelligence sources shall be determined by the Government.
 
 
                                                                                                                                                       Annex to
the Republic of Lithuania
Law on Intelligence
 
INTELLIGENCE OFFICER'S SERVICE CONTRACT No ______
 
____________________
(date)
____________________
(place)
 
The intelligence institution represented by _____________________________________
(name, surname and position)
_____________________________________________________________________________,
acting ________________________________________________________________________,
(legal act authorising to sign the contract)
and citizen of the Republic of Lithuania _____________________________________________
_____________________________________________________________________________ (name, surname and personal number)
(hereinafter: ‘the intelligence officer’), according to Article 37(1) of the Law on Intelligence, have entered into the following intelligence officer’s service contract:
1. The intelligence institution employs the intelligence officer for an indefinite period.
2. The intelligence officer is subject to _____________________________________
(indicate the period of up to 12 months or that the probationary period is not applicable)
probationary period.
3. The intelligence officer is appointed to a post, redeployed or dismissed under the terms and conditions and according to the procedure defined by the Law on Intelligence and other legal acts.
4. The intelligence officer undertakes to serve at the intelligence institution under the terms and conditions and according to the procedure established by laws and other legal acts for no less than five years of the signature of this contract.
5. This contract will take effect and the person will become an intelligence officer at the moment of his appointment to a particular post at the intelligence institution and swearing an oath of allegiance to the State of Lithuania.
6. This contract may be terminated for the reasons and under the conditions defined by the Law on Intelligence.
7. Additional terms and conditions of the contract:
________________________________________________________________________
________________________________________________________________________
_____________________________________________________________________
8. Disputes related to the contract will be settled in accordance with the procedure laid down by the laws of the Republic of Lithuania.
9. This contract is made in two counterparts of which one is kept at the intelligence institution and the other is handed over to the intelligence officer.
For the intelligence institution                                                            Intelligence officer
_____________________________             ______________________________
(name, surname and position)                              (name and surname)
_____________________________                            _______________________________
(signature)                                                                   (signature)
L.S.
The intelligence officer is appointed by Order No _______________ of _____________.
(date)
The contract is terminated __________________________________________________
________________________________________________________________________
(basis, date and number of the order of dismissal and date of termination)”
 
Article 2. Implementation of the Law
1. Service relations of servicemen in professional military service and statutory civil servants of the Second Investigation Department under the Ministry of National Defence of the Republic of Lithuania (hereinafter: ‘the Second Investigation Department’) and statutory civil servants of the State Security Department of the Republic of Lithuania (hereinafter: ‘the State Security Department’) arising before the effect of this Law shall continue according to the procedure established by this Law.
2. Periods of service of servicemen and statutory civil servants of the Second Investigation Department and statutory civil servants of the State Security Department included in the length of service before the entry into force of this Law shall not be subject to any review or revision and shall be counted towards the length of service of intelligence officers. The provisions of counting of the length of service of this paragraph shall apply in respect of servicemen and statutory civil servants of the aforementioned intelligence institutions who, before the entry into force of the Law, were appointed to a post in other institutions of the Republic of Lithuania or foreign institutions or international organisations and, following the expiry of their appointment, resumed their service at the aforementioned intelligence institutions after the entry into force of this Law. 
3. If  under this Law the basic pay determined for servicemen of the Second Investigation Department is lower than their basic pay, including monthly benefits and compensations, before the entry into force of this Law, the amount of their basic pay, including benefits and compensations, calculated before the entry into force of this Law shall not be subject to change until it becomes equal to the wage calculated according to the procedure established by the Law of the Republic of Lithuania on the Remuneration of State Politicians and State Officials.
4. Contracts on civilian national defence service concluded with civil servants in civilian national defence service at the Second Investigation Department before the entry into force of this Law shall be replaced with intelligence officers’ service contracts. The period of the five years' commitment to serve at an intelligence institution under the terms and conditions and according to the procedure established by this Law and other legal acts shall commence on the first day of the civilian national defence service at the Second Investigation Department.
5. Upon the entry into force of this Law, intelligence officers' service contracts shall be concluded with statutory civil servants of the State Security Department, however the period of the five years' commitment to serve at an intelligence institution under the terms and conditions and according the procedure established by this Law and other legal acts shall commence on the first day of service of a statutory civil servant at the State Security Department.
6. The qualification categories of statutory civil servants of the Second Investigation Department valid before the entry into force of this Law shall be replaced with service grades as follows:
1) fifth qualification category with the second service grade;
2) fourth qualification category with the third service grade;
3) third qualification category with the seventh to fourth service grade;
4) second qualification category with the twelfth to eighth service grade;
5) first qualification category with the sixteenth to thirteenth service grade;
7. Before the entry into force of this Law, the position of the head of the Second Investigation Department shall correspond to the position of the head of the board.
8. Before the entry into force of this Law, the positions of statutory civil servants of the State Security Department shall correspond to the following:
1) the position of the Director General to the position of the Director;
2) the position of the Deputy Director General to the position of the Deputy Director;
3) the position of the head of the board to the position of the head of the board;
4) the position of the deputy head of the board to the position of the deputy head of the board;
5) the position of the head of a unit, whether independent or dependent, to the position of the head of a unit;
6) the position of the deputy head of a unit, whether independent or dependent, to the position of the deputy head of a unit;
7) the position of the head of a subunit to the position of the head of a subunit;
8) the position of the chief inspector to the position of the chief specialist;
9) the position of a senior inspector and a senior specialist to the position of a senior specialist;
10) the position of an inspector and a specialist to the position of a specialist;
11) the position of a junior inspector and a junior specialist to the position of a junior specialist;
9. Before the entry into force of this Law, the ranks and qualification categories of security officers of the State Security Department shall be replaced with service grades as follows:
1) the rank and qualification category of a security general held by the Director General with the first service grade;
2) ranks and qualification categories of security officers held by deputy directors general with the second service grade;
3) ranks and qualification categories of security officers held by heads of boards and deputy heads of boards with the third service grade;
4) ranks and qualification categories of security colonels and security lieutenant colonels held by heads of units, whether independent or dependent, with the third service grade;
5) ranks and qualification categories of security officers (up to security major inclusive) held by heads of units, whether independent or dependent, with the fourth service grade;
6) ranks and qualification categories of security officers held by deputy heads of units, whether independent or dependent, and heads of subunits with the fourth service grade;
7) ranks and qualification categories of security majors held by chief inspectors with the fourth service grade;
8) ranks and qualification categories of security captains held by chief inspectors with the fifth service grade;
9) ranks and qualification categories of security second lieutenants held by chief inspectors with the sixth service grade;
10) ranks and qualification categories of security first lieutenants held by chief inspectors with the seventh service grade;
11) ranks and qualification categories of security captains held by senior inspectors and senior specialists with the eighth service grade;
12) ranks and qualification categories of security second lieutenants held by senior inspectors and senior specialists with the ninth service grade;
13) ranks and qualification categories of security first lieutenants held by senior inspectors and senior specialists with the tenth service grade;
14) ranks and qualification categories of security junior lieutenants held by senior inspectors and senior specialists with the eleventh service grade;
15) ranks and qualification categories of security master sergeants held by senior inspectors and senior specialists with the twelfth service grade;
16) ranks and qualification categories of security captains and second lieutenants held by inspectors and specialists with the thirteenth service grade;
17) ranks and qualification categories of security first lieutenants and junior lieutenants held by inspectors and specialists with the fourteenth service grade;
18) ranks and qualification categories of security master sergeants held by inspectors and specialists with the fifteenth service grade;
19) ranks and qualification categories of security officers held by junior inspectors and junior specialists with the sixteenth service grade.
10. Before the entry into force of the legal acts referred to in Article 5(2) of this Law (hereinafter: ‘the transition period’), service relations of statutory civil servants of the Government Communications Centre under the State Security Department of the Republic of Lithuania (hereinafter: 'the Government Communications Centre') arising before the entry into force of this Law shall continue according to the procedure established by this Law and legal acts regulating the operations of the Government Communications Centre.
11. In the transition period, the ranks and qualification categories of statutory civil servants of the Government Communications Centre shall correspond to service grades as follows:
1) the rank and qualification category of a security officer held by the Director with the second service grade;
2) ranks and qualification categories of security officers held by the deputy directors with the third service grade;
3) ranks and qualification categories of security officers held by heads of units with the fourth service grade;
4) ranks and qualification categories of security officers held by deputy heads of units and heads of subunits with the fifth service grade;
5) ranks and qualification categories of security majors held by chief specialists with the sixth service grade;
6) ranks and qualification categories of security captains held by chief specialists with the seventh service grade;
7) ranks and qualification categories of security second lieutenants held by chief specialists with the eighth service grade;
8) ranks and qualification categories of security first lieutenants held by chief specialists with the ninth service grade;
9) ranks and qualification categories of security second lieutenants held by senior specialists with the tenth service grade;
10) ranks and qualification categories of security first lieutenants held by senior specialists with the eleventh service grade;
11) ranks and qualification categories of security officers held by specialists with the fourteenth service grade;
12) ranks and qualification categories of security officers held by junior specialists with the sixteenth service grade.
12. The procedures for the imposition of disciplinary penalties initiated before the entry into force of this Law shall be continued until their completion according to the procedure applied before the entry into force of this Law.
13. Sickness, maternity, paternity, maternity/paternity allowances and allowances for accidents at work to which intelligence officers became entitled before 31 December 2012 shall be paid by the allocating intelligence institutions from budget appropriations allocated to such intelligence institutions.
14. Where starting from 1 January 2013 the calculation of a compensatory pay of intelligence officers who are insured according to Article 4(1) of the Law of the Republic of Lithuania on State Social Insurance, in relation to sickness (including occupational disease and illness according to the Law of the Republic of Lithuania on Social Insurance against Accidents at Work and Occupational Diseases), maternity, paternity and maternity/paternity social insurance benefits, includes periods not covered by sickness and maternity social insurance and social insurance against accidents at work, such social insurance benefit amounts shall be determined on the basis of actual income subject to insurance.  In cases provided for in this paragraph an intelligence institution shall allocate from its state budget appropriations and pay to an intelligence officer the portion of his compensatory pay until the end of the insured event. This portion shall be calculated as the difference between the payable and the paid  sickness (including occupation disease and illness according to the Law of the Republic of Lithuania on Social Insurance against Accidents at Work and Occupational Diseases), maternity, paternity and maternity/paternity social insurance benefit.
15. Benefits paid from 1 January 2013, as referred to in paragraph 13 of this Article, and the portion of a compensatory pay paid by an intelligence institution from its state budget appropriations, as referred to in paragraph 14 of this Article, shall correspond to social insurance benefits defined by the Law of the Republic of Lithuania on Sickness and Maternity Social Insurance or the Law of the Republic of Lithuania on Social Insurance against Accidents at Work and Occupational Diseases.
16. The procedure for the calculation and payment of benefits referred to in paragraph 14 of this Article shall be established by the Government or an institution authorised by it.
 
Article 3. Entry into Force of the Law
This Law, except for Article 5, shall enter into force on 1 January 2013.
 
Article 4. Repealing of Legal Acts
Upon the entry into force of this Law, the following legal acts shall be repealed:
1) Law of the Republic of Lithuania on the State Security Department (Official Gazette, No 11-63, 1994);
2) Law of the Republic of Lithuania Amending Article 28 of the Law on the State Security Department (Official Gazette, No 99-1959, 1994);
3) Law of the Republic of Lithuania Amending Articles 7, 8 and 19 of the Law on the State Security Department (Official Gazette, No 83-2514, 2000);
4) Law of the Republic of Lithuania Amending Article 27 of the Law on the State Security Department (Official Gazette, No 39-1338, 2001);
5) Law of the Republic of Lithuania Supplementing the Law on the State Security Department with Articles 61 and 81, Amending Articles 3, 9, 12, 13, 17, 18, 19, 20, 21, 27, 31 and 35 and Repealing Articles 14, 15, 16 and 25 (Official Gazette, No 73-3102, 2002);
6) Law of the Republic of Lithuania Amending Article 19 of the Law on the State Security Department (Official Gazette, No 38-1696, 2003);
7) Law of the Republic of Lithuania Amending Article 8 of the Law on the State Security Department (Official Gazette, No 73-2516, 2004);
8) Law of the Republic of Lithuania Amending Article 17 of the Law on the State Security Department (Official Gazette, No 143-5184, 2005);
9) Law of the Republic of Lithuania Amending and Supplementing Articles 8 and 12 of the Law on the State Security Department (Official Gazette, No 61-2176, 2006);
10) Law of the Republic of Lithuania Amending Article 28 of the Law on the State Security Department (Official Gazette, No 8-317, 2007);
11) Law of the Republic of Lithuania Amending and Supplementing Article 10 of the Law on the State Security Department (Official Gazette, No 67-2601, 2007);
12) Law of the Republic of Lithuania Amending Articles 9, 13, 20 and 28 of the Law on the State Security Department (Official Gazette, No 120-4548, 2008);
13) Law of the Republic of Lithuania Amending Articles 8 and 19 of the Law on the State Security Department (Official Gazette, No 2-38, 2011);
14) Law of the Republic of Lithuania Amending Article 10 of the Law on the State Security Department (Official Gazette, No 68-3219, 2011);
15) Law of the Republic of Lithuania on the Approval of the Statute of the State Security Department (Official Gazette, No 73-3101, 2002);
16) Law of the Republic of Lithuania Amending Article 32 of the Statute of the State Security Department (Official Gazette, No 101-4539, 2003);
17) Law of the Republic of Lithuania Amending Article 43 of the Statute of the State Security Department (Official Gazette, No 28-874, 2005);
18) Law of the Republic of Lithuania Amending and Supplementing Articles 42 and 43 of the Statute of the State Security Department (Official Gazette, No 74-2817, 2006);
19) Law of the Republic of Lithuania Amending Article 43 of the Statute of the State Security Department (Official Gazette, No 87-3403, 2006);
20) Law of the Republic of Lithuania Amending Articles 22 and 42 of the Statute of the State Security Department (Official Gazette, No 8-316, 2007);
21) Law of the Republic of Lithuania Amending Article 37 of the Statute of the State Security Department (Official Gazette, No 59-2284, 2007);
22) Law of the Republic of Lithuania Supplementing Article 4 of the Statute of the State Security Department (Official Gazette, No 67-2602, 2007);
23) Law of the Republic of Lithuania Amending and Supplementing Article 43 of the Statute of the State Security Department (Official Gazette, No 132-5350, 2007);
24) Law of the Republic of Lithuania Amending Article 43 of the Statute of the State Security Department (Official Gazette, No 74-2865, 2008);
25) Law of the Republic of Lithuania Amending and Supplementing Articles 4, 6, 7, 9, 12, 13, 15, 16, 20, 21, 22, 23, 24, 27, 28, 29, 30, 31, 32, 33, 34, 41, 42, 43, 44, 45, 47 and 49 and Amending the Title of Chapter Five of the Statute of the State Security Department (Official Gazette, No 120-4547, 2008);
26) Law of the Republic of Lithuania Amending Article 43 of the Statute of the State Security Department (Official Gazette, No 138-5443, 2008);
27) Law of the Republic of Lithuania Amending Article 43 of the Statute of the State Security Department (Official Gazette, No 91-3920, 2009);
28) Law of the Republic of Lithuania Amending Article 3 of the Law Amending Article 43 of the Statute of the State Security Department (Official Gazette, No 82-4304, 2010);
29) Law of the Republic of Lithuania Amending Article 43 of the Statute of the State Security Department (Official Gazette, No 86-4535, 2010);
30) Law of the Republic of Lithuania Amending and Supplementing Articles 20, 22, 46 and 49 of the Statute of the State Security Department (Official Gazette, No 68-3220, 2011);
31) Law of the Republic of Lithuania Amending Article 13 of the Statute of the State Security Department (Official Gazette, No 86-4159, 2011);
32) Law of the Republic of Lithuania Amending Article 3 of the Law Amending Article 43 of the Statute of the State Security Department (Official Gazette, No 150-7035, 2011);
33) Law of the Republic of Lithuania Amending Article 43 of the Statute of the State Security Department (Official Gazette, No 163-7752, 2011);
34) Law of the Republic of Lithuania on the Approval and Implementation of the Statute of the Second Investigation Department under the Ministry of National Defence (Official Gazette, No 92-4140, 2003);
35) Law of the Republic of Lithuania Amending the Statute of the Second Investigation Department under the Ministry of National Defence (Official Gazette, No 17-600, 2006);
36) Law of the Republic of Lithuania Amending Article 32 of the Statute of the Second Investigation Department under the Ministry of National Defence (Official Gazette, No 91-3922, 2009);
37) Law of the Republic of Lithuania Amending Article 3 of the Law Amending Article 32 of the Statute of the Second Investigation Department under the Ministry of National Defence (Official Gazette, No 82-4299, 2010);
38) Law of the Republic of Lithuania Amending Articles 18 and 23 of the Statute of the Second Investigation Department under the Ministry of National Defence (Official Gazette, No 157-7980, 2010);
39) Law of the Republic of Lithuania Amending Article 3 of the Law Amending Article 32 of the Statute of the Second Investigation Department under the Ministry of National Defence (Official Gazette, No 150-7033, 2011).
 
Article 5. Proposals to the Government of the Republic of Lithuania
1. Before the entry into force of this Law, the Government of the Republic of Lithuania shall review valid legal acts and, if needed, adopt subsidiary legislation.
2. The Government of the Republic of Lithuania shall, before 1 July 2013, draft legal acts regulating the legal status and functions of the Government Communications Centre and submit them to the Seimas of the Republic of Lithuania.
3. In the transition period, statutory civil servants of the Government Communications Centre shall mutatis mutandis be subject to legal acts regulating the status of intelligence officers.
 
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
 
 
 
PRESIDENT OF THE REPUBLIC                                                  DALIA GRYBAUSKAITĖ