On the Approval of Regulations for Delivering Foreign Diplomatic Mail and Foreign Consular Mail to Aircraft and Receiving it therefrom at Airports of the Republic of Lithuania


Published: 0000-00-00

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Official translation
 
 
 
 
GOVERNMENT OF THE REPUBLIC OF LITHUANIA
 
R E S O L U T I O N  No 1078
 
26 August 2004
 
 
 
On the Approval of Regulations for Delivering FOREIGN Diplomatic Mail AND FOREIGN CONSULAR MAIL TO AIRCRAFT AND RECEIVING IT THEREFROM at Airports of the Republic of Lithuania
 
Vilnius
 
 
The Government of the Republic of Lithuania  r e s o l v e s:
1. To approve Regulations for Delivering Foreign Diplomatic Mail and Foreign Consular Mail to Aircraft and Receiving it Therefrom at Airports of the Republic of Lithuania (attached hereto).
2. Government of the Republic of Lithuania Resolution No 754 of 31 May 1995 on the approval of the regulations of delivering diplomatic mail to aircrafts and taking it from aircrafts at the airports of the Republic of Lithuania (Valstybės Žinios (Official Gazette) No 47-1145, 1995) is hereby repealed.
 
 
 
Prime Minister                                                                                 Algirdas Brazauskas
 
 
 
Minister of Foreign Affairs                                                                             Antanas Valionis
 
 
 
approved by
Resolution No 1078 of the Government of the Republic of Lithuania
of 26 August 2004
 
 
Regulations for Delivering FOREIGN Diplomatic Mail AND FOREIGN CONSULAR MAIL to AIRCRAFT and receiving it THEREfrom at Airports of the Republic of Lithuania
 
 
 
I. general provisions
 
1. Regulations for Delivering Foreign Diplomatic Mail and Foreign Consular Mail to Aircraft and Receiving it Therefrom at Airports of the Republic of Lithuania (hereinafter referred to as the “Regulations”) shall regulate the delivery of foreign diplomatic mail and foreign consular mail to and the receipt thereof from aircraft captains as well as the delivery of foreign diplomatic mail or foreign consular mail by diplomatic or consular courier or temporary diplomatic or consular courier to and the receipt thereof from aircraft at airports of the Republic of Lithuania.
2. The purpose of these Regulations is to create conditions for the senders and receivers of foreign diplomatic mail and foreign consular mail to deliver, directly and without any hindrance, foreign diplomatic mail or foreign consular mail to and receive it from aircraft captains, to create conditions for diplomatic or consular couriers, temporary diplomatic or consular couriers to carry foreign diplomatic mail or foreign consular mail by air and to ensure aviation safety on board the aircraft and in the territory of airports of the Republic of Lithuania.
3. Definitions:
“Foreign diplomatic mail” means documents and other articles intended only for official use that are carried from the diplomatic missions and consular posts of foreign states, all of them accredited in the Republic of Lithuania, as well as from missions of international intergovernmental organisations to the ministries of foreign affairs of foreign states and other state institutions, to diplomatic missions and consular posts in third countries, to international intergovernmental organisations or their missions in third countries and back in sealed diplomatic bags or in any other sealed container bearing visible outer identification marks and accompanied by documents certifying the status of diplomatic mail.
“Sender and receiver of foreign diplomatic mail” means diplomatic missions and consular posts of foreign states, all of them accredited in the Republic of Lithuania, missions of international intergovernmental organisations in the Republic of Lithuania, ministries of foreign affairs of foreign states or other state institutions, diplomatic missions and consular posts in third countries, international intergovernmental organisations or their missions in third countries.
“Documents certifying the status of foreign diplomatic mail” means a diplomatic mail certificate or any other official document issued to a diplomatic courier, temporary diplomatic courier or the captain of an aircraft indicating the status of the consignment and the number of bags (containers) contained in diplomatic mail.
“Foreign consular mail” means documents and other articles intended only for official use that are carried from the consular posts of foreign states accredited in the Republic of Lithuania to the ministries of foreign affairs of foreign states and other state institutions, to diplomatic missions and consular posts in third countries, to international intergovernmental organisations or their missions in third countries and back in sealed diplomatic bags or in any other sealed container bearing visible outer identification marks and accompanied by documents certifying the status of diplomatic mail.
“Sender and receiver of foreign consular mail” means consular posts and diplomatic missions of foreign states, all of them accredited in the Republic of Lithuania, missions of international intergovernmental organisations in the Republic of Lithuania, ministries of foreign affairs of foreign states or other state institutions, diplomatic missions and consular posts in third countries, international intergovernmental organisations or their missions in third countries.
“Documents certifying the status of foreign consular mail” means a consular mail certificate or any other official document issued to a consular courier, temporary consular courier or the captain of an aircraft indicating the status of the consignment and the number of bags (containers) contained in diplomatic mail.
4. Foreign diplomatic mail may be carried by a diplomatic courier or temporary diplomatic courier (hereinafter referred to as the “diplomatic courier”), while foreign consular mail may be carried by a consular courier or temporary consular courier (hereinafter referred to as the “consular courier”). Foreign diplomatic mail carried by a diplomatic courier and foreign consular mail carried by a consular courier shall be accepted on board the aircraft together with the courier’s carry-on baggage. Where foreign diplomatic mail or foreign consular mail is not accompanied by a diplomatic or consular courier, it may be delivered to the captain of an aircraft flying to a specific airport.
5. The sender or receiver of foreign diplomatic mail or foreign consular mail may authorise its employee to deliver the said mail directly to the captain of an aircraft or to receive such mail directly from him. Where the senders and receivers of foreign diplomatic mail or foreign consular mail inform the Ministry of Foreign Affairs of the Republic of Lithuania which of their employees are authorised to deliver diplomatic or consular mail to the captain of an aircraft or receive such mail from him, the Ministry of Foreign Affairs of the Republic of Lithuania shall forward the list of the said employees to aviation security services at airports of the Republic of Lithuania.
6. Foreign diplomatic mail shall be inviolable and it may not be opened or detained.
7. Foreign diplomatic and foreign consular mail shall not be subject to aviation security checks, however where justified suspicion arises that a diplomatic or consular consignment contains articles presenting a threat to aviation safety, such mail may be checked by electronic means. Foreign diplomatic and foreign consular mail may be checked by electronic means only with the consent of the sender of foreign diplomatic or foreign consular mail and in the presence of an employee authorised thereby or in the presence of a diplomatic or consular courier. Where the sender of foreign diplomatic or foreign consular mail does not give its consent that foreign diplomatic or foreign consular mail be checked by electronic means or where it is established during the check that a foreign diplomatic or foreign consular consignment contains articles presenting a threat to aviation safety, the said diplomatic or consular consignment shall not be allowed to the territory controlled by the airport and shall be returned to the employee authorised by the sender of foreign diplomatic or consular mail or to the diplomatic or consular courier. Where justified suspicion arises when checking a foreign consular consignment by electronic means that it contains non-official correspondence, documents or articles not intended for official use, the provisions of Clause 8 of these Regulations shall apply.
8. Foreign consular mail may not be opened or detained, however where justified suspicion arises that a foreign consular consignment contains non-official correspondence, documents or articles not intended for official use, the airport’s aviation security services or customs officers may request that an employee authorised by the sender or receiver of foreign consular mail or a consular courier open the foreign consular consignment in their presence and with the consent of the sender or receiver of foreign consular mail. Where the sender or receiver of foreign consular mail refuses to comply with this request or where it is determined after opening a foreign consular consignment that it contains, wholly or partly, non-official correspondence, documents or articles not intended for official use, the consignment shall, if sent, be returned to the employee authorised by the sender of foreign consular mail or to the consular courier or, if received, the consignment shall not be delivered to the employee authorised by the receiver of foreign consular mail but shall be returned to the consular courier who has delivered it or to the aircraft captain. Where a foreign consular mail is returned to the employee authorised by the sender of foreign consular mail or to the consular courier, he may once again present the consignment to be sent after having eliminated the reasons on the basis of which it was returned. The aircraft captain shall safekeep the foreign consular consignment, which is returned to him, on board the aircraft and shall return it to the sender of foreign consular mail.
9. The consents referred to in clauses 7 and 8 of these Regulations shall be obtained with the intermediation of the Ministry of Foreign Affairs of the Republic of Lithuania which, at the request of the airport’s aviation security service or customs officers, makes an appeal to this effect to the sender or receiver of foreign diplomatic or consular mail.
10. All procedures and formalities concerning the delivery of foreign diplomatic mail or foreign consular mail to aircraft or receiving it therefrom shall be carried out on a priority basis.
11. Diplomatic and consular couriers, employees authorised by the sender or receiver of foreign diplomatic or foreign consular mail and their articles of personal use shall be subject at airports of the Republic of Lithuania to routine security checks provided for by the legal acts of the European Union and the Republic of Lithuania.
12. Where a dispute arises between an employee authorised by the sender of foreign diplomatic mail or foreign consular mail and checking institutions or airport services over the application of these Regulations, the Ministry of Foreign Affairs of the Republic of Lithuania shall be informed thereof.
 
 
II. DELIVERY OF FOREIGN DIPLOMATIC MAIL AND FOREIGN CONSULAR MAIL TO AIRCRAFT CAPTAINS AT AIPORTS OF THE REPUBLIC OF LITHUANIA
 
13. Where the weight of foreign diplomatic or consular consignment (all of the bags and other containers) does not exceed 10 kg or where its size does not exceed 70x30x42 cm, foreign diplomatic mail or foreign consular mail shall be delivered as follows:
13.1. an employee authorised by the sender of foreign diplomatic or foreign consular mail shall arrive to the office of an undertaking which provides land-based services at the airport at least 45 minutes before the scheduled departure of the aircraft whereto diplomatic or consular mail is to be delivered;
13.2. the office of an undertaking which provides land-based services at the airport shall inform the aviation security service that foreign diplomatic or foreign consular mail is to be delivered to the aircraft and that an employee authorised by the sender of foreign diplomatic or foreign consular mail has arrived for this purpose;
13.3. a member of the staff of an aviation security service shall check the accreditation certificate of the employee authorised by the sender of foreign diplomatic mail or foreign consular mail as well as the documents certifying the status of diplomatic or consular mail and shall escort the said person to the security check point. If the person authorised by the sender of foreign diplomatic or foreign consular mail refuses to undergo a checking procedure, he shall not be allowed to enter the territory controlled by the airport;
13.4. after security checking, a member of the staff of an undertaking which provides land-based services at the airport shall escort the employee carrying diplomatic or consular mail and authorised to this effect by the sender of foreign diplomatic or foreign consular mail to the specified aircraft by car or (where not necessary) on foot;
13.5. an employee carrying diplomatic or consular mail and authorised to this effect by the sender of foreign diplomatic or foreign consular mail shall be allowed to enter the aircraft and deliver the said mail and documents certifying the status of diplomatic or consular mail directly to the captain of the aircraft;
13.6. a member of the staff of an undertaking providing land-based services shall escort the employee authorised by the sender of foreign diplomatic or foreign consular mail from the territory controlled by the airport.
14. Where the weight of foreign diplomatic or consular consignment (all the bags and other containers) exceeds 10 kg or where its size exceeds 70x30x42 cm, foreign diplomatic mail or foreign consular mail shall be delivered as follows:
14.1. foreign diplomatic or foreign consular mail shall be carried to the aircraft through the cargo terminal located at the airport;
14.2. an employee authorised by the sender of foreign diplomatic mail or foreign consular mail shall arrive to the cargo terminal located at the airport at least 60 minutes before the scheduled departure of the aircraft whereto diplomatic or consular mail is to be delivered;
14.3. a member of the staff of an aviation security service shall check the accreditation certificate of the employee authorised by the sender of foreign diplomatic mail or foreign consular mail as well as the documents certifying the status of diplomatic or consular mail and shall conduct security checking in accordance with the procedure laid down in Clause 11 of these Regulations;
14.4. foreign diplomatic or consular consignment shall be loaded on the vehicle of an undertaking which provides land-based services at the airport and shall be carried to the aircraft (accompanied by an employee authorised by the sender of foreign diplomatic mail or foreign consular mail);
14.5. all of the actions in respect of foreign diplomatic or foreign consular consignment (loading, transportation within the airport’s territory, etc.) shall be performed under the supervision an employee authorised by the sender of foreign diplomatic or foreign consular mail and only with the consent of such employee or the sender;
14.6. an employee authorised by the sender of foreign diplomatic mail or foreign consular mail shall deliver the foreign diplomatic or foreign consular mail carried to the aircraft directly and without any hindrance to the captain of an aircraft;
14.7. after having delivered foreign diplomatic or foreign consular mail to the captain of an aircraft, the employee authorised by the sender of foreign diplomatic or foreign consular mail shall be escorted from the territory controlled by the airport.
15. Where foreign diplomatic or foreign consular consignment referred to in Clause 13 of these Regulations is delivered to an aircraft of a foreign state or an aircraft used by a foreign state or an international intergovernmental organisation, the employee authorised by the sender of foreign diplomatic or foreign consular mail may be provided with conditions to carry such mail to the aircraft by his own vehicle.
 
 
III. RECEIVING FOREIGN Diplomatic Mail OR FOREIGN CONSULAR MAIL from AN aircraft Captain at AIRPORTs of the Republic of Lithuania
 
16. An employee authorised by the receiver of foreign diplomatic or foreign consular mail shall arrive to the office of an undertaking which provides land-based services at the airport at least 20 minutes before the scheduled arrival of the aircraft wherefrom foreign diplomatic or foreign consular mail is to be received and shall inform about the specific aircraft wherefrom foreign diplomatic mail or foreign consular mail is to be received.
17. The airport aviation security service shall be informed that foreign diplomatic or foreign consular mail is to be received from the aircraft and that an employee authorised by the receiver of foreign diplomatic or foreign consular mail has arrived for this purpose.
18. After security checking, a member of the staff of an undertaking providing land-based services shall escort the employee authorised by the receiver of foreign diplomatic or foreign consular mail to the specified aircraft by car or (where not necessary) on foot.
19. An employee authorised by the receiver of foreign diplomatic or foreign consular mail shall be allowed to enter the aircraft and receive foreign diplomatic or foreign consular mail and related documents directly to the captain of the aircraft.
20. A member of the staff of an undertaking providing land-based services shall escort the employee authorised by the receiver of foreign diplomatic or foreign consular mail from the territory controlled by the airport.
21. Where the weight of foreign diplomatic or consular consignment (all the bags and other containers) exceeds 10 kg or where its size exceeds 70x30x42 cm, it shall be delivered to the receiver at a cargo terminal located at the airport. Such foreign diplomatic or foreign consular consignment shall be unloaded, under the supervision of an employee authorised by the receiver of foreign diplomatic or consular mail, from the aircraft and loaded on the vehicle of an undertaking which provides land-based services at the airport and shall be carried to the cargo terminal where, after checking the documents which certify the status of the said mail, it shall be delivered to an employee authorised by the receiver of foreign diplomatic or consular mail and may be loaded on his vehicle. All of the actions in respect of foreign diplomatic or foreign consular consignment (loading, transportation within the airport’s territory) shall be performed under the supervision an employee authorised by the receiver of foreign diplomatic or foreign consular mail and only with the consent of such employee or the receiver of foreign diplomatic or foreign consular mail.
22. Where foreign diplomatic or foreign consular consignment referred to in Clause 21 of these Regulations is delivered by an aircraft of a foreign state or an aircraft used by a foreign state or an international intergovernmental organisation, the employee authorised by the sender may be provided with conditions to unload the said consignment from the aircraft and load it directly to his own vehicle.
23. Where an employee authorised by the receiver of foreign diplomatic or foreign consular mail does not arrive in time to receive foreign diplomatic or foreign consular mail, such mail shall be safekept on board the aircraft. The captain of an aircraft shall, in accordance with the treaty on the carriage of foreign diplomatic or foreign consular mail concluded with the sender or receiver of foreign diplomatic or foreign consular mail as well as international legal acts, bear responsibility for the said mail and shall make decisions concerning its delivery in any other manner or taking it back.