Law Amending the Law on Enterprises and Facilities of Strategic Importance to National Security and Other Enterprises of Importance to Ensuring National Security


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REPUBLIC OF LITHUANIA
 
LAW
AMENDING THE LAW ON Enterprises and Facilities of
Strategic Importance to National Security and
Other Enterprises of Importance to Ensuring National Security
 
21 June 2012 No. XI-2087
Vilnius
 
(Official Gazette, 2002, No 103-4604; 2009, No 93-3968)
 
Article 1. New Wording of the Law of the Republic of Lithuania on Enterprises and Facilities of Strategic Importance to National Security and Other Enterprises of Importance to Ensuring National Security
The Law of the Republic of Lithuania on Enterprises and Facilities of Strategic Importance to National Security and Other Enterprises of Importance to Ensuring National Security shall be amended and set forth to read as follows:
 
“REPUBLIC OF LITHUANIA
LAW ON
Enterprises and Facilities of Strategic Importance to National Security and Other Enterprises of Importance to Ensuring National Security
 
Article 1. Purpose of the Law
This Law has the purpose of specifying the enterprises and facilities which are of strategic or considerable importance to national security, which must belong to the State by the right of ownership, in which a proportion of the capital may be held by the private national and foreign persons conforming to national security interests, and in which the power of decision must be retained by the State, as stipulated in paragraph 3 of Article 4 of this Law. This Law shall also lay down a procedure for and criteria of determination whether potential members of strategic or considerable importance to national security conform to the national security interests, shall define the facilities of particular strategic importance to the national security, and the special security measures ensuring the national security interests applicable to the facilities of particular strategic importance and to investors.
 
Article 2. Definitions
1. National security interests shall mean protection of the independence and sovereignty of the State, European and trans-Atlantic integration, reduction of threats and risks for the energy and other economic sectors of vital importance to public security.
2. Potential member shall mean a natural or legal person that has officially declared an intention of or interest in acquiring the shares of an enterprise of strategic or considerable importance to national security, or with an intention to acquire property, management or other rights in facilities of strategic importance to national security. In the cases indicated in this Law an existing shareholder of an enterprise of strategic or considerable importance to national security seeking to additionally acquire the enterprise’s shares shall also be considered a potential member.
3. Special security measures shall mean the conditions and requirements set forth in the legal acts and international treaties intended for protection of the essential interests of the State (to ensure security, sovereignty, and economic power of the State, public health and safe environment, public order etc.) in order to prevent threatening acts or omission, eliminate causes and conditions thereof.    
4. Enterprises and facilities of strategic and considerable importance to national security shall mean enterprises that are located or incorporated in the Republic of Lithuania, designed or constructed facilities that in accordance with their purpose and/or nature of operations are assigned strategic or considerable importance to national security by this Law and which due to protection of essential national security interests are subject to conditions and requirements regarding property or management or any other rights of the enterprises and facilities, enterprises’ capital structure and its changes, also requirements that the potential members must meet.
5. Such terms as the “national investor” and “project implementing company” used in this Law shall have the meaning stipulated in the Law of the Republic of Lithuania on the Nuclear Power Plant (hereinafter referred to as the "Law on the Nuclear Power Plant”).
 
Article 3. State Enterprises of Strategic Importance to National Security and Facilities that Belong to the State by the Right of Ownership
1. The following state enterprises shall be of strategic importance to national security:
1) postal-services public limited liability company Lietuvos paštas;
2) state enterprise Ignalina Nuclear Power Plant (Ignalinos atominė elektrinė);
3) state enterprise Klaipėda State Seaport Authority (Klaipėdos valstybinio jūrų uosto direkcija);
4) state enterprise Oil Product Agency of Lithuania (Lietuvos naftos produktų agentūra);
5) state enterprise Air Navigation (Oro navigacija);
6) state enterprise Automagistralė;
7) state enterprise Alytus Region Roads (Alytaus regiono keliai);
8) state enterprise Kaunas Region Roads (Kauno regiono keliai);
9) state enterprise Klaipėda Region Roads (Klaipėdos regiono keliai);
10) state enterprise Marijampolė Region Roads (Marijampolės regiono keliai);
11) state enterprise Panevėžys Region Roads (Panevėžio regiono keliai);
12) state enterprise Šiauliai Region Roads (Šiaulių regiono keliai);
13) state enterprise Tauragė Region Roads (Tauragės regiono keliai);
14) state enterprise Telšiai Region Roads (Telšių regiono keliai);
15) state enterprise Utena Region Roads (Utenos regiono keliai);
16) state enterprise Vilnius Region Roads (Vilniaus regiono keliai);
17) state enterprise Lithuanian Inland Waterways Authority (Vidaus vandens kelių direkcija);
18) state enterprise Kaunas Airport (Kauno aerouostas);
19) state enterprise Palanga International Airport (Tarptautinis Palangos oro uostas);
20) state enterprise Vilnius International Airport (Tarptautinis Vilniaus oro uostas).
2. The following facilities belonging to the State by the right of ownership shall be of strategic importance to national security:
1) hydraulic engineering facilities, quays, navigation ways and channels, navigation facilities and other objects of the infrastructure of Klaipėda State Seaport;
2) roads of national significance according to a list approved by the Government of the Republic of Lithuania (hereinafter referred to as the “Government”);
3) flight control system facilities;
4) public railways;
5) polders and related structures managed by the right of trust by Klaipėda and Šilutė district municipalities and Pagėgiai municipality.
3. The state enterprises indicated in paragraph 1 of this Article may be transformed into public limited liability companies or private limited liability companies or reorganised in the ways specified by the Civil Code of the Republic of Lithuania only subject to passing of an appropriate law by the Seimas of the Republic of Lithuania.
4. The facilities indicated in paragraph 2 of this Article shall belong to the State by the right of ownership, but in cases and under the procedure provided for by laws may be leased or transferred under a contract of loan for use or transferred for management, use and disposal by the right of trust only to the state enterprises indicated in paragraph 1 of this Article, to the municipalities indicated in subparagraph 5 of paragraph 2 of this Article, and to the enterprises indicated in paragraph 1 of Article 4 of this Law.
 
Article 4. Enterprises and Facilities of Strategic Importance to National Security
1. The following enterprises in which the capital may be held by the private national and foreign persons conforming to the national security interests, provided the power of decision is retained by the State, shall be of strategic importance to national security:
1) public limited liability company Detonas;
2) public limited liability company Lithuanian Railways (Lietuvos geležinkeliai);
3) public limited liability company Lithuanian Radio and Television Centre (Lietuvos radijos ir televizijos centras);
4) public limited liability company Jonava Granary (Jonavos grūdai);
5) public limited liability company Lithuanian Energy (Lietuvos energija), AB;
6) public limited liability company LITGRID AB;
7) public limited liability company AB LESTO;
 
8) public limited liability company Klaipėda Oil (Klaipėdos nafta);
9) the national investor;
10) liquefied natural gas terminal operator;
11) liquefied natural gas terminal project implementing company.
2. The facilities which form an electric power transmission network of the voltage of 110 kV and above, the oil terminal located at the Klaipėda State Seaport territory as well as appurtenances thereof shall be of strategic importance to national security. The facilities may be owned by the right of ownership or be used by the State, legal entities controlled (directly or indirectly) by the State or other entities relevant for the interests of national security.
3. In this Law, the power of decision of the State shall mean that in the enterprises indicated in paragraph 1 of this Article the State directly or through other companies controlled thereby must hold over ½ of the voting shares in these enterprises.
4. The foreign capital shall make up a proportion of the capital of the enterprises indicated in paragraph 1 of this Article under the same conditions as apply to private Lithuanian national capital in accordance with the procedure laid down by laws of the Republic of Lithuania.
5. The power of decision of the State must be preserved in the enterprises operating after transformation, reorganisation or splitting of the enterprises indicated in paragraph 1 of this Article.
6. The laws regulating types of specific legal persons shall apply to the legal persons indicated in paragraph 1 of this Article to the extent they do not contradict this Law.
 
Article 5. Enterprises of Considerable Importance to Ensuring National Security
1. The following enterprises shall also be of considerable importance to ensuring national security:
1) public limited liability company ORLEN Lithuania (ORLEN Lietuva);
2) public limited liability company Lithuanian Natural Gas Company (Lietuvos dujos);
3) project implementing company stipulated in the Law on the Nuclear Power Plant;
4) public limited liability company TEO LT, AB;
5) public limited liability company Achema;
6) the enterprises providing the services of water supply and sewage disposal according to a list approved by the Government;
7) public limited liability company Giraitė Armament Factory (Giraitės ginkluotės gamykla).
2. The enterprises providing the services of water supply and sewage disposal and indicated in subparagraph 6 of paragraph 1 of this Article must belong by the right of ownership to the State or a municipality, or the State or a municipality must hold over 3/4 of the shares granting votes at the general meeting of the shareholders of these enterprises.
3. The Government and state institutions, when passing decisions and entering into agreements, also holders of shares held by the State when passing decisions, entering into agreements and exercising the rights of shareholders of the national investor, indicated in subparagraph 10 of paragraph 1 of Article 4, to the extent of the shares held by the State by the right of ownership, shall ensure that in relation to the participation in the capital of the project implementing company, indicated in subparagraph 3 of paragraph 1 of this Article, by the strategic investor and/or strategic partners (and/or their controlled entities) the essential interests of national security of the Republic of Lithuania and the State interests are protected. Essential national security interests and the State interests shall be protected by carrying out the assessment of conformity of potential members of the project implementing company, indicated in subparagraph 3 of paragraph 1 of this Article, with the national security interests when it is required under Article 7 of this Law.
 
Article 6. Facilities of Particular Strategic Importance to National Security and Special Security Measures Ensuring National Security Interests as Applied to Them (i.e. Facilities of Particular Strategic Importance) and to Investors
1. The interconnections of the electric power system of the Republic of Lithuania with the electric power systems of the Republic of Poland and the Kingdom of Sweden and the liquefied natural gas terminal as well as appurtenances thereof shall be of particular strategic importance to national security.
2. The Government and state institutions, when adopting decisions and concluding agreements, holders of shares owned by the State, when making decisions, concluding agreements and exercising the rights of shareholders of the constructor (builder) and the operator of electric power transmission interconnections belonging to the State by the right of ownership, the liquefied natural gas terminal project implementing company and the liquefied natural gas terminal operator to the extent of the shares belonging to the State by the right of ownership, shall ensure that:
1) the constructor (builder) and the operator of electric power transmission interconnections, the liquefied natural gas terminal project implementing company, and the liquefied natural gas terminal operator efficiently and in accordance with their respectful functional purpose contribute to implementation of the principal task of the power (energy) system of the Republic of Lithuania, namely to provide Lithuanian consumers with electricity and/or heat and liquefied natural gas under the most favourable economic conditions for an unlimited period of time and in an independent, safe and reliable manner;
2) electric power transmission interconnections with the Republic of Poland and the Kingdom of Sweden (ensuring efficient electric power exchanges of the required volume between the electric power system of the Republic of Lithuania and the electricity networks of continental Europe) start operation in the reasonably shortest time;
3) technical solutions and parameters of the electric power transmission interconnections with the Republic of Poland and the Kingdom of Sweden be selected so that the principal part of the reserve capacities required for the nuclear power plant be received from other member states of the European Union and that the conditions for the synchronous operation of the electric power system of the Republic of Lithuania with the European Continental Network be met;
4) the electric power system of the Republic of Lithuania be prepared for immediate synchronous interconnection with the electricity networks of continental Europe as soon as establishment of electricity network interconnections is completed, technical measures are implemented and the actions required for the Republic of Lithuania to join the electricity networks of continental Europe are performed;
5) heads and their deputies of the constructor (builder) and the operator of electric power transmission interconnections, the liquefied natural gas terminal project implementing company, the liquefied natural gas terminal operator and the enterprises where the State has the power of decision stipulated in paragraph 1 of Article 4 of this Law, as well as other persons seeking to hold or holding positions in which by virtue of the functions or duties assigned to them are authorised to access, unaccompanied, facilities of particular strategic importance to national security, pass decisions concerning operations of such facilities, are screened in the manner specified in this Law (hereinafter referred to as “managing officers”).
3. The interconnections of the electric power system of the Republic of Lithuania with the electric power systems of the Republic of Poland and the Kingdom of Sweden and investors in such interconnections are subject to special security measures ensuring the national security interests.
4. The following special security measures ensuring the national security interests are established by legal acts:
1) physical safety and informational security requirements;
2) employee compliance requirements;
3) power supply safety and diversification of primary power sources;
4) ensuring of reserves of the electric power system of the Republic of Lithuania.
5. Persons may not be appointed to or hold the positions referred to in subparagraph 5 of paragraph 2 of this Article if the following circumstances are established as present:
1) a person has been convicted for a crime against the independence of the State of Lithuania, territorial integrity and constitutional order thereof, public security, or for any crime related to holding guns, ammunition, explosives, explosive or radioactive substances or military equipment, irrespective of whether or not his conviction has expired;
2) a person has been convicted for any grave crime irrespective of whether or not his conviction has expired;
3) a person has by an effective conviction judgement been acknowledged guilty of a serious crime or a less serious crime and has an unexpired or unexpunged conviction;
4) a person has by an effective conviction judgement been acknowledged guilty of a criminal act against civil service and public interests or the governance order and has an unexpired or unexpunged conviction, or, in the case of a misdemeanour, less than three years have passed from the coming into effect of the conviction judgement;
5) a person has been acknowledged (in the manner stipulated by law) fully or partially incompetent, or the person is subjected to forcible medicinal measures;
6) a person collaborates or collaborated with, maintains or maintained relations with an intelligence or security service of another State or with the persons collaborating or maintaining relations with the intelligence or security service of another State due to the interests hostile to the Republic of Lithuania;
7) a person is or has been participating in operations of a terrorist organisation or a terrorist group, or knowingly maintains or has maintained relations with persons belonging to a terrorist organisation or a group;
8) a person is subject to the application of preventive measures in accordance with the Law of the Republic of Lithuania on Organised Crime Prevention;
9) the person in the course of the past three years has been included into the records of a health care institution because of his alcohol or drug addiction;
10) a person, in the course of the past three years, has been sanctioned more than once for commitment of an administrative offence, where the offence or the commitment thereof is related to abusing alcohol, drugs or psychotropic substances;
11) a person is suffering from mental disorders in view of which a threat could be created to security of facilities of particular strategic significance to national security. The list of the disorders of mental activity shall be approved by the Government or its authorised institution;
12) a person refuses to submit the documents referred to in paragraph 8 of this Article, or submits false data that may possibly affect the decision concerning the appointment to the positions referred to in subparagraph 5 of paragraph 2 of this Article.
6. Citizens of foreign states or stateless persons not residing, on a permanent or temporary basis, in the Republic of Lithuania, may be appointed to the positions referred to in subparagraph 5 of paragraph 2 of this Article only provided the circumstances referred to in paragraph 5 of this Article are not present, based on legal acts of a foreign country whose nationals or permanent residents they are and if competent institutions thereof confirm the same at request by the Ministry of the Interior of the Republic of Lithuania (hereinafter referred to as the “Ministry of the Interior”) (regarding the information indicated in subparagraphs 1, 2, 3, 4, 8 and 10 of paragraph 5 of this Article), at request by the State Security Department of the Republic of Lithuania (hereinafter referred to as the “State Security Department”) (regarding the information indicated in subparagraphs 6 and 7 of paragraph 5 of this Article) and at request by the above mentioned persons (regarding the information indicated in subparagraphs 5, 9 and 11 of paragraph 5 of this Article).
7. The information referred to in subparagraphs 1, 2, 3, 4, 8 and 10 of paragraph 5 and in paragraph 6 of this Article shall be supplied by the Ministry of the Interior, the information referred to in subparagraphs 6 and 7 of paragraph 5 and in paragraph 6 of this Article shall be supplied by the State Security Department to a manager, a collegial body of management of an entity appointing a managing officer (hereinafter referred to as the “entity appointing a person” or the “entity that has appointed a person”), upon their request (before appointing) or by its own initiative (any time when the respective circumstances come to light), and the information referred to in subparagraphs 5, 9 and 11 of paragraph 5 and in paragraph 6 of this Article accompanied by the supporting documents issued by competent institutions shall be supplied by the managing officers themselves.
8. The form of the application to submit the information about a managing officer shall be approved by the Government or its authorised institution. The requesting entity together with the written application to supply the information about a managing officer must supply to the Ministry of the Interior and the State Security Department a consent to screening by such managing officer about whom the information is being requested, in the established form , as well as other documents specified by the State Security Department required to assess certain circumstances referred to in paragraph 5 of this Article. 
9. The information about a managing officer referred to in paragraph 5 of this Article shall be submitted by the State Security Department not later than 20 working days from the receipt of the written application to submit the information about a managing officer. The abovementioned term may be extended by a well-grounded decision of the Ministry of the Interior or the State Security Department for not more than 40 working days in case of a person who is a citizen of a foreign State or a stateless person residing outside the Republic of Lithuania. In the event the information is not supplied within the indicated term, it shall be deemed that the persons may be appointed to, or hold the positions indicated in subparagraph 5 of paragraph 2 of Article 6 of this Law.
10. The entity appointing a managing officer or that has appointed a managing officer may use the information submitted in the manner specified in the present Article only for the purpose of taking the decision concerning the fitness of such managing officer for the position held or sought thereby. The entity appointing or that has appointed a managing officer may not transfer or otherwise divulge the information about such person  received in the manner specified in the present Article to any third parties, except in the cases specified in laws of the Republic of Lithuania.
11. The entity appointing a managing officer to the position, having assessed the entirety of the information submitted in the manner specified in the present Article and having passed the decision not to appoint such person to the position, must within 3 working days notify the said managing officer about this fact and familiarise him, against his signature, with the decision and with the information submitted by the Ministry of the Interior and the State Security Department, except the part of the information that is designated as classified information.
12. A person shall be entitled to appeal the decision not to appoint him into the position in the manner set forth by laws of the Republic of Lithuania.
13. The Ministry of the Interior, the State Security Department, as well as the entity appointing or that has appointed a managing officer must ensure that all personal data of the managing officer received in the manner stipulated in this Article are managed and stored in the manner set forth by legal acts of the Republic of Lithuania.
 
Article 7. Assessment of Conformity of Potential Members to National Security Interests
1. Conformity of potential members to national security interests shall be assessed in the manner and in cases stipulated by this Article.
2. Conformity of a potential member to national security interests shall be assessed in the cases when it:
1) acting independently or, in the cases specified by the Law of the Republic of Lithuania on Securities (hereinfter referred to as the “Law on Securities”), jointly with other persons acting in concert, seeks to acquire the shares granting 1/20 or more of votes in an enterprise;
2) acting independently or, in the cases specified by the Law on Securities, jointly with other persons acting in concert, seeks to acquire the shares which grant over 1/3 of votes in an enterprise together with the shares already held by him or together with the shares held by other persons acting in concert;
3) seeks to acquire property or management or any other rights in a facility of strategic importance to national security.
3. The Government shall form a Commission for Assessment of Conformity of Potential Members to National Security Interests (hereinafter referred to as the “Commission”). The Government shall delegate its own representatives and representatives of the competent institutions of the field of national security to this Commission and shall approve a description of the rules of procedure of the Commission.
4. The management bodies of the enterprises of strategic or considerable importance to national security, and of enterprises holding by the right of ownership or using the facilities of strategic importance to national security must refer to the Commission with regard to assessment of conformity to national security interests of potential members (after receiving consent of the respective potential member) and provide the documents and information about the potential members (indicated in the description of the rules of procedure of the Commission) received from the potential members.
5. Assessment of conformity to national security interests of potential members may be initiated at the Commission by the Government, also by a state or municipal institution which is the manager (holder) of the shares of a public limited liability company belonging to the State or a municipality by the right of ownership (whereto these shares have been transferred by the right of trust) or which exercises the rights and duties of the owner of a State or municipal enterprise, or by the potential member.
6. In assessing conformity of potential members to national security interests, conclusions shall be submitted to the Commission, within the sphere of their competence and in accordance with the procedure laid down by legal acts, by the State Security Department, the Ministry of Foreign Affairs of the Republic of Lithuania, the Ministry of the Interior, the Police Department under the Ministry of the Interior, other pre-trial investigation bodies, the Prosecutor General’s Office of the Republic of Lithuania, and other institutions by a decision of the Commission.
7. A decision on conformity of a potential member to national security interests shall be adopted by the Commission upon assessing conformity of a person to the criteria specified in paragraph 10 of this Article and the conclusions of the competent state institutions participating in the assessment not later than within 30 days from the submission of the respective application. If the Commission fails to adopt a decision within the above mentioned time limit, it shall be deemed that the person is in conformity to the national security interests.
8. A potential member in respect whereof an assessment of conformity to national security interests has been performed on the grounds specified by this Article and in accordance with the procedure laid down by the legal acts implemented by this Law and a decision has been adopted on conformity of the person to national security interests shall be considered a person conforming to national security interests.
9. Where a person is a legal entity, it shall be considered that it conforms to national security interests provided the entity itself and the persons directly and/or indirectly holding more than 2/3 of the voting shares of this enterprise conform thereto.
10. A potential member shall be recognised as conforming to national security interests provided he meets all of the following conditions:
1) meets the criteria of European and trans-Atlantic integration referred to in Article 8 of this Law;
2) is not a dominating importer of fossil energy resources of any kind to the Republic of Lithuania, a person controlled by such an importer or related thereto by co-operation or partnership where such relations may be viewed as a threat to the national security;
3) does not maintain the relations that might increase risk or pose a threat to national security with institutions of the foreign states that are not member states of the European Union and the North Atlantic Treaty Organization or with persons of those states;
4) there is no data that a person is related to organised criminal groups, special services of foreign states or groups relating to international terrorist organisations or maintaining relations with the persons suspected of membership thereof;
5) has not committed the serious and grave crimes indicated in the Special Part of the Criminal Code of the Republic of Lithuania or is not subject to proceedings in respect of commitment  of the mentioned crimes, also corresponding acts in foreign states;
6) has not been recognised, in accordance with the procedure laid down by legal acts, as having committed crimes against independence, territorial integrity and constitutional order of the Republic of Lithuania and/or during the recent 24 months having materially violated this Law and other legal acts regulating the activities of enterprises and facilities of strategic or considerable importance to national security.
11. Where the Commission acknowledges that the potential member does not meet national security interests, the decision shall specify the relevant legal and factual basis thereof. A negative decision of the Commission shall mean that the State objects to the person's concerned becoming the potential member and such person may not become the potential member in the manner prescribed in paragraph 2 of the present Article until he eliminates the reasons for the non-conformity with national security interests as specified in the decision of the Commission, and until the Commission passes a new decision confirming the conformity of this person to national security interests.
12. The Commission’s decision may be appealed against to Vilnius Regional Administrative Court in accordance with the procedure stipulated in the Law on Administrative Proceedings of the Republic of Lithuania.
13. The European Union member states, the parties to the European Economic Area Treaty, also legal entities in which the European Union member states or the parties to the European Economic Area Treaty directly or indirectly hold more than 2/3 of the votes granting shares or parts of capital of other kind of such legal entities, shall meet national security interests and shall not be subject to obligations stipulated in the paragraphs 1 and 2 of this Article, and the assessment of conformity to national security interests of potential members shall not be carried out.
 
Article 8. Criteria of Conformity of a Potential Member to the European and trans-Atlantic Integration
The Commission shall assess conformity of a potential member to the following criteria of the European and trans-Atlantic integration:
1) the nature and experience of long-term operation in a relevant field in the European Union member states and member countries of North Atlantic Treaty Organization, also in other states of importance to the strengthening of the national security which develop security relations with the European Union member states and member countries of North Atlantic Treaty Organization;
2) actual intentions, possibilities and planned ways of making a direct or indirect contribution to Lithuania’s economic sector of importance to national security or enhanced integration of the energy system into trans-Atlantic and European markets or their development;
3) business co-operation and partnership relations favourable for Lithuania’s European and trans-Atlantic integration.
 
Article 9. Safety of Enterprises and Facilities of Strategic or Considerable Importance to National Security
1. The Government or an institution authorised by it shall set forth requirements for physical safety and information security of enterprises and facilities of strategic or considerable importance to national security, the requirements for the employee compliance as well as the procedure of implementation of such requirements taking account of specifics of the activity of the enterprises.
2. Heads of the enterprises and facilities of strategic or considerable importance to national security shall be responsible for implementation of the requirements for physical safety and information security as well of the requirements of the employee compliance provided for in paragraph 1 of this Article.
3. The nuclear power plant shall be subject to the safety requirements established in the Law on Nuclear Energy, the Law of the Republic of Lithuania on Nuclear Safety, Law of the Republic of Lithuania on Nuclear Waste Management, the Law of the Republic of Lithuania on Radiation Safety and other laws and regulations.”
 
 
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
 
 
PRESIDENT OF THE REPUBLIC                                                  DALIA GRYBAUSKAITĖ