On the Approval of Licensing Rules for Export, Import and Transit of Strategic Goods and Mediation and the Rules of Implementation for the Control of Strategic Goods


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GoVERNMENT OF THE REPUBLIC OF LITHUANIA
 
RESOLUTION
 
 
No 932
 
of 22 July 2004
 
ON THE APPROVAL OF LICENSING RULES FOR EXPORT, IMPORT, TRANSIT AND MEDIATION OF STRATEGIC GOODS AND THE RULES OF IMPLEMENTATION FOR THE CONTROL OF STRATEGIC GOODS
 
Vilnius
 
 
Acting pursuant to the Law on the Control of Strategic Goods of the Republic of Lithuania (Valstybės žinios (Official Gazette), No 61-1533, 1995; No  73-2532, 2004) and implementing Council Regulation (EC) No 1334/2000 of 22 June 2000 setting up a Community regime for the control of exports of dual-use items and technology (as last amended by Council Regulation (EC) 149/2003 of 27 January 2003), the Government of the Republic of Lithuania hereby r e s o l v e s:
1. To establish that:
1.1. The control of export, import, transit and mediation of strategic goods shall be the responsibility of the Ministry of Economy, the Ministry of Environment, the Ministry of National Defence, the Ministry of Transport and Communications, the Ministry of Health, the Ministry of Foreign Affairs, the Police Department under the Ministry of the Interior, the State Security Department of the Republic of Lithuania, the Customs Department under the Ministry of Finance, the State Nuclear Power Safety Inspectorate, the State Food and Veterinary Service, the Information Society Development Committee under the Government of the Republic of Lithuania, and the Weaponry Fund of the Republic of Lithuania under the Government of the Republic of Lithuania.
1.2. The Ministry of Foreign Affairs, in coordination with other public authorities, shall establish Lithuania’s position regarding international non-proliferation regimes – the Wassenaar Arrangement (WA), Missile Technology Control Regime (MTCR), Nuclear Suppliers Group (NSG) and Australian Group (AG), and shall assess the compliance of the submitted applications for licences with the criteria of the European Union Code of Conduct on Arms Export.
2. To form the Commission on the Issues of Licensing of Export, Import, Transit and Mediation of Strategic Goods (hereinafter referred to as “the Commission”) in accordance with the Annex.
3. To charge the Ministry of Economy:
3.1. To approve the members of the Commission and its rules of procedure by 1 August 2004;
3.2. To approve the forms of applications for licences and import certificates as well as the forms of licences and import certificates, referred to in the Licensing Rules for Export, Import, Transit and Mediation of Strategic Goods approved by this Resolution, by 1 August 2004.
4. To approve the Licensing Rules for Export, Import, Transit and Mediation of Strategic Goods (appended).
5. To approve the Rules of Implementation for the Control of Strategic Goods (appended).
6. To charge the Ministry of National Defence to draft the general list of military equipment and to submit it to the Government of the Republic of Lithuania for approval by 1 August 2004.
7. By 1 August 2004, the Customs Department under the Ministry of Finance should designate the territorial customs posts of the Republic of Lithuania through which strategic goods shall be exported from the Community customs territory, imported into the Community customs territory or carried in transit through the Community customs territory.
8. To establish that:
8.1. In cases provided for by Council Regulation (EC) No 1334/2000 of 22 June 2000 setting up a Community regime for the control of exports of dual-use items and technology (hereinafter referred to as “the Regulation”) the Ministry of Economy shall provide the European Commission and Member States with information.
8.2. The institutions referred to in paragraph 1.1 of this Resolution, within their competence, shall provide the Ministry of Economy with information necessary to implement the provisions of the Regulation.
8.3. Annual reports in accordance with the European Union Code of Conduct on Arms Export shall be drafted by the Ministry of Economy, the Ministry of National Defence, the Police Department under the Ministry of the Interior and the Weaponry Fund under the Government of the Republic of Lithuania within their competence and submitted to the Ministry of Foreign Affairs, which according to the established procedure shall submit them to the European Union Conventional Arms Working Group (COARM).
8.4. Export, import and transit licences and import certificates, issued for the export, import or carriage in transit of the goods appearing on the general list of military equipment until the coming into force of this Resolution, are valid until they have been used.
9. To repeal:
9.1. Government of the Republic of Lithuania Resolution No 911 of 19 August 1997 on the Approval of the Preliminary and Regular Control Procedure for Controlled Goods (Valstybės žinios (Official Gazette) No 78-1998, 1997);
9.2. Government of the Republic of Lithuania Resolution No 1067 of 1 September 1998 on the Amendment of the Government of the Republic of Lithuania Resolution No 911 of 19 August 1997 on the Approval of Preliminary and Regular Control Procedure for Controlled Goods (Valstybės žinios (Official Gazette) No 79-2230, 1998);
9.3. Government of the Republic of Lithuania Resolution No 380 of 27 March 2003 on the Approval of the Implementation Procedure for the Licensing and Control of Export, Import and Transit of Strategic Goods (Valstybės žinios (Official Gazette) No 32-1337, 2003).
10. This Resolution, with the exception of paragraphs 3, 6 and 7, shall come into force on 1 August 2004.
 
Acting Prime Minister,
Minister of Economy                                                                        Petras Čėsna
 
 
Annex to Resolution No 932 of the Government of the Republic of Lithuania
of 22 July 2004
 
 
 
 
COMMISSION ON THE ISSUES OF LICENSING OF EXPORT, IMPORT, TRANSIT and mediation OF STRATEGIC GOODS
 
 
 
Commission Chairman – Undersecretary of the Ministry of Economy
Commission Secretary – representative of the Ministry of Economy
Members of the Commission: representative of the Ministry of Environment
representative of the Ministry of National Defence
representative of the Ministry of Transport and Communications
representative of the Ministry of Health
representatives of the Ministry of Economy
representative of the Ministry of Foreign Affairs
representative of the Police Department under the Ministry of the Interior
representative of the State Security Department of the Republic of Lithuania
representative of the Customs Department under the Ministry of Finance
representative of the State Nuclear Power Safety Inspectorate
representative of the State Food and Veterinary Service
representative of the Information Society Development Committee under the Government of the Republic of Lithuania
representative of the Weaponry Fund of the Republic of Lithuania under the Government of the Republic of Lithuania
 
 
 
 
––––––––––––––––
 
 
 
APPROVED by
Resolution No 932 of the Government of the Republic of Lithuania
of 22 July 2004
 
 
 
Licensing RuLES FOR Export, Import, Transit and mediation OF STRATEGIC GOODS
 
 
 
I. GENERAL PROVISIONS
 
1. The Licensing Rules for Export, Import, Transit and Mediation of Strategic Goods (hereinafter referred to as “these Rules”) shall regulate the types of licences for the export, import, transit and mediation of strategic goods, the conditions and procedure of the issuance, correction, suspension or revocation of these licences, as well as the issuance of documents attesting the end-use of strategic goods.
2. The issues of licensing of strategic goods shall be tackled in pursuance with EU legislation, international agreements signed by the Republic of Lithuania, the Law on the Control of Strategic Goods of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 61-1533, 1995; No 73-2532, 2004) and other legislation.
 
II. Types of LicenCes
 
3. The following types of export licences for dual-use goods and technologies, indicated in Annex I to Council Regulation (EC) No 1334/2000 of 22 June 2000 setting up a Community regime for the control of exports of dual-use items and technology (hereinafter referred to as “the Regulation”) are hereby established (to be issued using the form approved by Annex IIIa to the Regulation):
3.1. individual export licence – an authorization granting an exporter the right to export a certain amount of dual-use goods and technologies as specified in the licence to the specified consignee;
3.2. global export licence – an authorization granting an exporter the right to export dual-use goods and technologies or groups thereof specified in the licence to one or several specified states.
4. The following types of licences for the export, import and transit of military equipment shall be established:
4.1. individual export licence – an authorization granting an exporter the right to export a certain amount of military equipment as specified in the licence to the specified consignee;
4.2. individual licence for temporary export (for the purposes of repair, exhibition, inspection or temporary use) – an authorization granting the exporter the right to temporarily export a certain amount of military equipment as specified in the licence to the specified consignee and to bring it back (to reimport);
4.3. individual import licence – an authorization granting an importer the right to import a certain amount of military equipment as specified in the licence from the specified exporter;
4.4. individual licence for temporary import (for the purposes of repair, exhibition, inspection or temporary use) – an authorization granting an importer the right to temporarily import a certain amount of military equipment as specified in the licence and to return it (to reexport) to the specified exporter or end-user;
4.5. transit licence – an authorization granting a carrier the right to carry in transit through the territory of the Republic of Lithuania a certain amount of military equipment as specified in the licence, shipped by the specified exporter to the specified importer.
5. Mediation licences are authorizations granting a mediator the right to negotiate or prepare a transaction between the buyer and the seller specified in the licence on the transfer of the specified military equipment from the territory of the Republic of Lithuania, another state of the European Union or a non-EU state to any other non-EU state.
6. Only individual export licenses may be issued for the export of dual-use goods and technologies referred to in Article 4 of the Regulation and for the export of goods indicated in paragraphs 5, 6 and 7 of Article 6 of the Law on the Control of Strategic Goods of the Republic of Lithuania.
7. Licences (authorizations) for the transit of the goods included in the general list of military equipment, when the consignor and consignee (or either of them) are military institutions of a foreign state or the consignor and the consignee act under the authorisation of these institutions, shall be issued by an institution authorised by the Government of the Republic of Lithuania in accordance with the procedure established by other legal acts of the Republic of Lithuania.
8. No licence from the Ministry of Economy shall be required for the import of goods included in the general list of military equipment when these goods are imported by the Ministry of Defence of the Republic of Lithuania and the Weaponry Fund of the Republic of Lithuania under the Government of the Republic of Lithuania.
9. Licences shall be valid for one year, except for the global export licence, which shall be valid for two years.
10. The licences referred to in paragraphs 4 and 5 of these Rules shall specify:
10.1. name of the public authority that issued the licence;
10.2. number of the application for the licence;
10.3. licence number;
10.4. type of licence;
10.5. exporter (name of the company or branch, company code, office address);
10.6. importer (name of the company or branch, company code, office address);
10.7. consignee (name of the company or branch, company code, office address);
10.8. end-user (name of the company or branch, code, office address);
10.9. carrier (name of the company or branch, company code, office address);
10.10. mediator (name of the company or branch, company code, office address; for natural persons – first and last names, address of the residence, number of the identity document);
10.11. representative (name of the company or branch, company code, office address; for natural persons – first and last names, address of the residence, number of the identity document);
10.12. state of origin;
10.13. names of military equipment that is authorized to be exported, imported, carried in transit or used as an object of mediation (a short description as well as the serial, model and assembly numbers or other identification data of these goods, if applicable), Combined Nomenclature Codes (CN codes), the numbers of these goods on the general list of military equipment, their amount and value;
10.14. Republic of Lithuania customs posts through which military equipment is to be exported, imported or carried in transit;
10.15. obligations of the exporter, importer, consignee or mediator as well as additional requirements it must fulfil (if applicable);
10.16. term of validity of the licence;
10.17. seal and signatures of authorised persons of the institution issuing the licence;
10.18. date of issuance of the licence.
11. The issued licences shall be registered in a journal stored in computer files.
12. Transfer of dual-use goods and technologies referred to in Annex IV to the Regulation to European Union states requires a written permission from the Ministry of Economy, attesting that a legal or natural person or a branch of foreign legal persons and other organizations is authorized to transfer a certain amount of dual-use goods and technologies as specified in the authorization to the specified consignee in an EU state.
 
III. DOCUMENTS ATTESTING END-USE
 
13. A document attesting end-use means an import certificate or a written note certifying end-use. The import certificate or the end-use document shall be issued at the request of the exporting country’s public authority performing the control of strategic goods. An import certificate means a document of a fixed form approved by the Ministry of Economy. The written note attesting end-use shall be issued if an importer states in the application that the public authorities of the exporting state request that the document attesting end-use be issued in accordance with the form established by the exporting state’s public authority performing export control.
14. The import certificate shall contain the following information:
14.1. name of the public authority that issued the import certificate;
14.2. number of the application;
14.3. number of the import certificate;
14.4. importer (name of the company or branch, code, office address);
14.5. exporter (name of the company or branch, code, office address);
14.6. names of the imported strategic goods (short descriptions, numbers of the series, model and assembly or other identification data of these goods, if applicable), Export Control Classification Numbers (ECCN) or the numbers of these goods on the general list of military equipment, Combined Nomenclature (CN) Codes, the amount and value of these goods;
14.7. description of the end-use of strategic goods and obligations regarding their end-use;
14.8. obligations and signature of the importer or the person authorized by it;
14.9. seal and signatures of the authorised persons of the authority issuing the import certificate;
14.10. date of issuance of the import certificate.
15. The issued import certificates shall be registered in a journal stored in computer files.
 
IV. DOCUMENTS REQUIRED TO RECEIVE THE LICENCE OR THE DOCUMENT ATTESTING END-USE
 
16. To obtain the export, import, transit or mediation licence or the import certificate a legal or natural person or a branch of foreign legal persons and other organizations must submit the following documents to the Ministry of Economy:
16.1. a completed application in the form established by the Ministry of Economy;
16.2. the certificate of registry of the company or branch as well as the articles of association, memorandum of association or statute of the company or branch (copies certified in accordance with the legislation) if the application is submitted for the first time; a natural person shall submit a copy of identity documents certified in accordance with the legislation;
16.3. the authorization (licence) to perform activities, if the activities related to the export, import, transit and mediation of strategic goods are licensed.
17. Together with the documents specified in paragraph 16 of these Rules, a legal or natural person or a branch of foreign legal persons and other organizations must submit:
17.1. in order to obtain the individual export licence to export dual-use goods and technologies:
17.1.1. a dual-use goods and technology sale and purchase agreement and other documents certifying the sale and purchase of dual-use goods and technologies (copies certified according to the legislation);
17.1.2. documents certifying the end-use of dual-use goods and technologies submitted by the end-user;
17.2. in order to obtain the global export licence to export dual-use goods and technologies:
17.2.1. documents attesting that the exporter has entered or intends to enter into a dual-use goods and technologies sale and purchase agreement with companies from the state(s) specified in the application and has tendered or intends to tender for a contract announced by those states for the supply of dual-use goods or technologies;
17.2.2. information on the intended end-use of dual-use goods or technologies;
17.2.3. documents, signed by the head of a company or branch, describing the way of keeping the records of the data on dual-use goods and technologies, and the commitment to provide the Ministry of Economy with the information about the use of the global export licence in accordance with the procedure set forth in paragraph 60 of these Rules;
17.3. in order to obtain the individual export licence to export military equipment:
17.3.1. a military equipment sale and purchase agreement or other documents attesting the sale and purchase of military equipment (copies certified according to the legislation), and serial, model and product numbers of the military equipment (if applicable);
17.3.2. the import certificate or the end-use document attesting the end-use of military equipment issued by the importing state’s public authorities controlling military equipment or by other competent public authorities of the importing state;
17.4. in order to obtain the individual export licence to temporarily export military equipment – an agreement for temporary export of goods or other documents attesting temporary export of military equipment (for the purposes of repair, exhibition, inspection or temporary use) (copies certified according to the legislation);
17.5. in order to obtain the individual import licence to import military equipment:
17.5.1. a military equipment sale and purchase agreement or other documents attesting the sale and purchase of military equipment (copies certified according to the legislation), and serial, model and product numbers of the military equipment (if applicable);
17.5.2. a document, provided by the end-user, specifying the end-use of military equipment;
17.6. in order to obtain the individual import licence to temporarily import military equipment – an agreement for temporary import and export of goods or other documents attesting temporary import of military equipment (for the purposes of repair, exhibition, inspection or temporary use) (copies certified according to the legislation);
17.7. in order to obtain the transit licence to carry military equipment in transit – a copy of the export licence issued in the exporting state (if applicable) and the serial, model and product numbers of the military equipment (if applicable);
17.8. in order to obtain the import certificate or the document attesting end-use;
17.8.1. an imported strategic goods sale and purchase agreement and other documents attesting the sale and purchase of strategic goods (copies certified according to the legislation);
17.8.2. a document, provided by the end-user, specifying the end-use of strategic goods;
17.9. in order to obtain the mediation licence:
17.9.1. negotiation documents or preliminary agreements or other documents preceding the agreement;
17.9.2. the mediator’s registration certificate (a copy certified according to the legislation) when, in compliance with the Law on Weapons and Ammunition Control of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 13-467, 2002),  the mediator must register with the Police Department under the Ministry of the Interior.
18. All submitted documents should be written in Lithuanian. Otherwise, documents must be accompanied by their official translation into Lithuanian. Documents attesting end-use and documents submitted for a transit licence may be written in the Lithuanian, English or Russian languages.
19. In order to transfer dual-use goods or technologies listed in Annex IV to the Regulation to the states of the European Union, a legal or natural person or a branch of foreign legal persons and other organizations must submit the following to the Ministry of Economy:
19.1. an application specifying the consignee in an EU state, names of the goods being transferred, Export Control Classification Numbers (ECCN), Combined Nomenclature (CN) Codes, and the amount of goods;
19.2. the certificate of registry of the company or branch as well as the articles of association, memorandum of association or statute of the company or branch (copies certified in accordance with the legislation) if the application is submitted for the first time; a natural person shall submit a copy of an identity document certified in accordance with the legislation;
19.3. an authorization (licence) to perform activities, if the activities related to the transfer of dual-use goods and technologies are licensed;
19.4. a dual-use goods and technology sale and purchase agreement or other documents certifying the sale and purchase of dual-use goods and technologies (copies certified according to the legislation);
19.5. documents certifying the end-use of dual-use goods and technologies provided by the end-user.
 
 
V. PROCESSING OF APPLICATIONS, ISSUANCE OF LICENCES AND DOCUMENTS ATTESTING END-USE
 
20. Having examined an application for a licence together with the accompanying documents necessary to obtain the licence, the Ministry of Economy shall, within a seven-day period, transfer their copies to the public authorities performing the control of export, import,  transit and mediation of strategic goods according to their competence.
21. Having examined the received documents, the public authorities shall present their conclusions to the Ministry of Economy within 15 days from the receipt of the documents, and in case of an application for the transit licence – within ten days from the receipt of the documents.
22. The individual export licence, the individual export licence for temporary export, the individual import licence, the individual import licence for temporary import, the transit licence or the mediation licence may be issued on the basis of positive conclusions of the public authorities. Upon the proposal of the public authority that received the material necessary to make the conclusions from the Ministry of Economy according to paragraph 20 of these Rules, issuance of a licence is considered at a meeting of the Commission on the Issues of Licensing of Export, Import, Transit and Mediation of Strategic Goods (hereinafter referred to as “the Commission”). Proposals on the necessity to consider a submitted application at a Commission meeting shall be made by the public authorities that received the material necessary to make the conclusions from the Ministry of Economy according to paragraph 20 of these Rules. If a negative conclusion is received from at least one authority, the question of licence issuance is also considered at a Commission meeting.
23. The individual export licence, the individual export licence for temporary export, the individual import licence, the individual import licence for temporary import or the mediation licence shall be issued, based on positive conclusions of the public authorities or the Commission, by the Ministry of Economy within 30 days after the receipt of an application.
24. The transit licence, on the basis of positive conclusions of the public authorities or the Commission, shall be issued by the Ministry of Economy within 15 days after the receipt of an application.
25. The import certificate, on the basis of positive conclusions of the public authorities or the Commission, shall be issued by the Ministry of Economy within 30 days after the receipt of an application. If an importer states in the application that the public authorities of the exporting state request that the document attesting end-use be issued in accordance with the form established by the exporting state’s public authority performing export control, the Ministry of Economy shall issue it within 30 days after the receipt of the application.
26. Applications for the global export licence are considered in a Commission meeting. On the basis of positive conclusions of the public authorities and the Commission, the Ministry of Economy issues the global export licence within 30 days after the receipt of an application by the Ministry of Economy, unless the Commission, while considering an application for the global export licence, decides to inspect the keeping of the records of the data on dual-use goods and technologies at the applicant company or branch.  In the latter case, the question of licence issuance shall be repeatedly considered at a Commission meeting and the term of licence issuance shall be calculated from the date when the report on the inspection of data record-keeping in the company was drawn up.
27. The application for the individual export licence to export the goods specified in Article 4 of the Regulation and the goods referred to in paragraphs 5, 6 and 7 of Article 6 of the Law on the Control of Strategic Goods of the Republic of Lithuania must be considered at a Commission meeting. The licence, on the basis of the conclusion of the Commission, shall be issued by the Ministry of Economy within 30 days after the receipt of an application.
28. If the public authorities or the Commission need additional information to make a conclusion on licence issuance, a 30-day term to issue the licence is calculated from the day of the receipt of the information;
29. If an exporter, importer, carrier, mediator or a person authorized by them wishes to provide a more accurate address of the office or place of residence, the value of goods or technologies, the Combined Nomenclature (CN) Code, the Export Control Classification Number (ECCN) or the military equipment number in the general list of military equipment or to correct a mistake in the issued export, import, transit or mediation licence or import certificate, it must submit to the Ministry of Economy a well-grounded request and documents certifying the changed or more accurate data.
30. Upon receipt of such a request, the Ministry of Economy specifies the changed or more accurate address of the office or place of residence or corrects a mistake in the licence or import certificate within 5 days from the receipt of the request to correct the data. In case of a change in the value of goods or technologies, the Combined Nomenclature (CN) Code, the Export Control Classification Number (ECCN) or the number of military equipment in the general list of military equipment, the issue shall be considered at a Commission meeting. The authorized person who submitted the request shall be notified of the decision to consider the issue of correcting the licence or the import certificate at a Commission meeting.  On the basis of positive conclusions of the Commission, the Ministry of Economy corrects the licence or import certificate within 5 days from the adoption of the decision by the Commission.
31. The Customs Department under the Ministry of Finance shall be notified of the made corrections in the licence.
32. A licence, a corrected licence, an import certificate and a corrected import certificate shall be issued upon the presentation of the original of the document attesting the payment of a fixed stamp duty or a copy of the document certified in accordance with the legislation.
33. The strategic goods export, import, transit or mediation licence or the import certificate shall not be issued if such issuance would conflict with the international agreements of the Republic of Lithuania, international sanctions implemented pursuant to the Law on the Implementation of Economic and Other International Sanctions (Valstybės žinios (Official Gazette) No 68-2369, 2004), the criteria of the European Union Code of Conduct on Arms Export, international non-proliferation regimes, and the interests of the foreign policy and state security of the Republic of Lithuania.
34. If the Commission makes a decision not to issue a licence or import certificate on the grounds stated in paragraph 33 of these Rules, within 7 days the Ministry of Economy shall notify the person who submitted the application. If the Commission’s decision not to issue the licence is related to classified information, the grounds of non-issuance of the licence shall not be stated.
35. An exporter, importer, carrier or mediator that was refused the licence or the document attesting end-use shall have the right to repeatedly request the Ministry of Economy to reconsider the application.
36. Having failed to obtain the licence or the document attesting end-use, an exporter, importer, carrier or mediator shall have the right to appeal against the decision according to the procedure established by the laws of the Republic of Lithuania.
37. After considering an application with accompanying documents for the transfer of dual-use goods and technologies referred to in Annex IV to the Regulation to a state of the European Union, the Ministry of Economy transfers their copies to the public authorities performing the control of strategic goods according to their competence and, in cases provided for by the Regulation, consults the states of the European Union. Having received positive conclusions, the Ministry of Economy issues a legal or natural person or a branch of foreign legal persons and other organizations with a document attesting the authorization to transfer a certain amount of dual-use goods and technologies as specified in the document to the specified consignee in an EU state.
 
VI. USE OF LICENCE AND IMPORT CERTIFICATE
 
38. The individual export licence, the global export licence, the individual export licence for temporary export, the individual import licence, the individual import licence for temporary import and the transit licence shall be drawn up in 3 copies:
38.1. the original that should be presented to a customs office at the time of customs clearance for export, import and transit. Upon the expiry of a licence or after it has been used, the original should be returned to the Ministry of Economy within a 10-day period;
38.2. Copy A for the exporter, importer or carrier of strategic goods;
38.3. Copy B which is kept at the Ministry of Economy.
39. The amount of strategic goods indicated in the individual export licence or the individual import licence may be exported or imported in one or several consignments. The amount of military equipment specified in the transit licence must be carried in transit as a single consignment.
40. The amount of military equipment specified in the individual export licence for temporary export may be temporarily exported in cases provided for by this licence and returned (reimported) on the basis of the same individual export licence for temporary export.
41. The amount of military equipment specified in the individual import licence for temporary import may be temporarily imported in cases provided for by this licence and returned (reexported) on the basis of the same individual import licence for temporary import provided that the exporter or end-user is the same. When the exporter or end-user of military equipment changes, the goods should be returned (reexported) on the basis of the individual export licence.
42. The licence number shall be specified in the customs declaration each time the dual-use goods and technologies specified in the global export licence are exported. The customs office that performed the export customs procedure specifies the name of exported goods, the amount and the state to which the goods are exported in the licence.
43. If the exporter exporting dual-use goods and technologies under the global licence receives information that the goods specified in the licence will be used for the production of weapons of mass destruction, it must discontinue the export of goods under this licence and immediately inform the Ministry of Economy about that.
44. The mediation licence shall be drawn up in two copies:
44.1. the original for the mediator;
44.2. Copy A which is kept at the Ministry of Economy.
45. Licences may contain additional requirements established according to the legislation on the control of strategic goods that is obligatory for exporters, importers, carriers, mediators or end-users of strategic goods.
46. The import certificate shall be drawn up in three copies:
46.1. the original, presented to the exporting country’s public authority performing export control;
46.2. Copy A for the importer;
46.3. Copy B, which is kept at the Ministry of Economy.
47. The import certificate is valid for 6 months from the date of issuance.
48. If the parameters of carried goods or technologies do not match the technical specifications or the area of application of the goods included in the annexes to the Regulation or the general list of military equipment, the exporter, importer or carrier shall present a written explanation of the parameters that prevent them from being classified as such goods to the customs offices. A copy of this document shall be forwarded by the exporter, importer or carrier to the Ministry of Economy.
49. Strategic goods may be exported, imported or carried in transit through the customs posts designated by the Customs Department under the Ministry of Finance.
50. An exporter, importer or carrier of strategic goods or mediator should return the unused licence to the Ministry of Economy.
51. In case of loss of the licence, the exporter, importer or carrier of strategic goods or mediator should notify the Ministry of Economy in writing without delay.  The Ministry of Economy shall notify the Customs Department under the Ministry of Finance about lost licences. A person that has lost a licence shall have the right to repeatedly submit an application for a licence, which shall be considered according to the procedure established in Chapter V of these Rules.
 
VII. Suspension of Licence, CANCELLATION of Suspension, and ReVOCaTION of Licence
 
52. A licence may be suspended or revoked if:
52.1. an exporter, importer or carrier of strategic goods or a mediator fails to carry out its obligations or violates the control requirements for these goods established in the legislation, has submitted misleading information, false data, or fails to provide the Ministry of Economy with the information referred to in paragraph 60 of these Rules;
52.2. other information differing from the one previously provided on the end-user of strategic goods or their end-use is received when the licence has already been issued;
52.3. that is necessitated by the interests of the national economy, state security or national defence;
52.4. a political and military conflict occurs in the state importing strategic goods;
52.5. a state, to which strategic goods are to be exported under the issued individual or global export licence, is subject to international sanctions implemented according to the Law on the Implementation of Economic and other International Sanctions of the Republic of Lithuania, when the licence has already been issued;
52.6. a pre-trial investigation is being conducted into the war crimes, crimes against humanity, the independence of the Lithuanian state, territorial integrity and constitutional government, public safety, property, property rights and interests, economy and business order, financial system, or the system of government perpetrated by an exporter, importer or carrier of strategic goods or mediator, or the case relating to these criminal acts has been brought to court, or a judgement of conviction, ruling or judgement of the court has come into effect, or administrative proceedings have been instituted in court against him.
53. The decision on the suspension of a licence shall be taken by the Ministry of Economy upon the receipt of information referred to in paragraph 52 of these Rules. The Ministry of Economy shall immediately notify the exporter, importer, carrier or mediator of the suspension of the licence in writing. Licence suspension may be initiated by any public authority performing the control of strategic goods.
54. Within five days after the decision to suspend a licence a Commission meeting shall be called. Taking into account the importance of the grounds for the decision to suspend the licence, the Commission may adopt a decision to prolong the suspension, to cancel the suspension or to revoke the licence. The suspension period may not exceed six months. If the circumstances that necessitated the suspension of the licence are not eliminated, do not end or cannot be eliminated, the Commission shall decide to revoke the licence. If the circumstances that necessitated the suspension of the licence are eliminated or end, the Commission shall decide to cancel the suspension of the licence without delay. On the basis of the Commission’s conclusion, the Ministry of Economy shall inform the exporter, importer, carrier or mediator about the adopted decision within one working day after the adoption of the decision.
55. The Ministry of Economy shall immediately, no later than on the next working day, inform the Customs Department under the Ministry of Finance about the decision to suspend a licence, to cancel the suspension of a licence or to revoke a licence.
 
 
VIII. RiGHTS of LICENCE HOLDER
 
56. Having received the respective licence, an exporter, importer or carrier of strategic goods or mediator shall have the right:
56.1. to export military equipment from the territory of the Republic of Lithuania;
56.2. to export dual-use goods and technologies from the Community customs territory;
56.3. to import military equipment into the territory of the Republic of Lithuania;
56.4. to temporarily export military equipment from the territory of the Republic of Lithuania or to temporarily import it into the territory of the Republic of Lithuania for the purposes of repair, exhibition or in other cases provided for and to return (to reimport or reexport) it under the same licence;
56.5. to carry military equipment in transit through the territory of the Republic of Lithuania;
56.6. to mediate in the process of negotiation and preparation for a transaction on the basis of which military equipment may be transferred from the territory of the Republic of Lithuania, the territory of another EU state or a non-EU state into any other non-EU state;
56.7. to demand explicit explanations from the Ministry of Economy if the licence is not issued or it is suspended or revoked with the exception of the cases specified in paragraphs 33, 52.3 and 52.5 of these Rules when the grounds of the decision are related to classified information;
56.8. according to the procedure established by the laws of the Republic of Lithuania, to appeal against the decisions on licence suspension or revocation.
 
IX. SUPERVISION OF COMPLIANCE WITH LICENCE REQUIREMENTS AND DUTIES OF LICENCE HOLDER
 
57. An exporter, importer or carrier of strategic goods or mediator that has been issued a licence must follow the laws of the Republic of Lithuania, EU legislation, the requirements of these Rules and other legal acts.
58. In the process of transferring strategic goods or technologies inside the Community, an exporter, importer or carrier of strategic goods, a mediator, an end-user of these goods or a consignor of dual-use goods and technologies must keep detailed records of the data on strategic goods, indicating the exporter (consignor), importer (consignee) and end-user (company or branch codes, names, office addresses, telephone numbers) of these goods, the names (descriptions) of the strategic goods that were exported, imported, carried in transit or acquired for use, the amount, quality, type, value, end-use, and the dates of export, import, carriage in transit, acquisition and transfer of strategic goods. At the request of the Ministry of Economy, an exporter and importer of strategic goods or a consignor of dual-use goods that is transferring these goods inside the Community must specify the amount and value of strategic goods or dual-use goods transferred inside the Community that were actually exported and imported during a calendar year.
59. An exporter, importer, carrier or end-user of strategic goods or a consignor of dual-use goods and technologies must store the strategic goods records referred to in paragraph 58 of these Rules as well as other information related to transactions involving these goods for at least five years from the end of the calendar year in which the respective goods were exported, imported, carried in transit, acquired or transferred, unless the laws and other legal acts provide otherwise.
60. An exporter that has been issued the global export licence and that exports dual-use goods and technologies under the Community General Export Authorisation (EU001) must, no later than within 30 days after customs clearance for every consignment, present the following to the Ministry of Economy:
60.1. a dual-use goods or technologies sale and purchase agreement and other documents attesting the conclusion of this agreement (copies certified according to the legislation);
60.2. a document attesting the end-use of dual-use goods and technologies issued by the end-user of these goods, if such requirements are established for the issue of the global export licence;
60.3. documents with the names of exported dual-use goods and technologies (descriptions), their Export Control Classification Numbers (ECCN), Combined Nomenclature Codes (CN codes), the amount and value of these goods, export dates, as well as the copies of the customs approved import and export declarations completed for these goods.
61. If an exporter, importer or carrier of strategic goods or mediator violates these Rules, it shall be held liable under the law.
 
APPROVED by
Resolution No 932 of the Government of the Republic of Lithuania
of 22 July 2004
 
 
RULES OF IMPLEMENTATION FOR THE CONTROL OF STRATEGIC GOODS
 
 
 
1. The Rules of Implementation for the Control of Strategic Goods (hereinafter referred to as “these Rules”) shall regulate the performance of the control of strategic goods (hereinafter referred to as “control”) in order to check whether legal and natural persons and branches of foreign legal persons and other organizations that export, import or carry strategic goods in transit or act as mediators in these activities as well as the end-users of these goods observe the requirements of EU legislation, international agreements of the Republic of Lithuania, the Law on the Control of Strategic Goods of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 61-1533, 1995; No 73-2532, 2004) and other legal acts regulating the control of strategic goods.
2. Legal and natural persons and branches of foreign legal persons and other organizations whose activities are related to the export and transfer of dual-use goods and technologies to European Union states and to the export, import and transit of military equipment as well as mediation in these transactions shall be controlled.
3. The Ministry of Economy shall supervise the control work and perform it in cooperation with other public authorities and bodies.
4. These Rules shall encompass the preliminary and regular control of strategic goods.
5. Preliminary control may be performed during the licence issuance process in order to determine whether the end-user will use the strategic goods legally and store them in respect of the purpose of their use, the compliance with prohibitions, restrictions and requirements for strategic goods, and warehousing (storage) possibilities. Preliminary control shall be performed by representatives of the Ministry of Economy, the Ministry of Environment, the Ministry of National Defence, the Ministry of Transport and Communications, the Ministry of Health, the Ministry of Foreign Affairs, the Police Department under the Ministry of the Interior, the Customs Department under the Ministry of Finance, the State Nuclear Power Safety Inspectorate, the Weaponry Fund of the Republic of Lithuania under the Government of the Republic of Lithuania, the Information Society Development Committee under the Government of the Republic of Lithuania, the State Security Department of the Republic of Lithuania and the State Food and Veterinary Service within their competence.  Representatives of the Police Department under the Ministry of the Interior shall check whether legal and natural persons and branches of foreign legal persons and other organizations that export, import or carry strategic goods in transit or mediate in these activities are not related with criminal groups and have not been involved in criminal activities.
6. Regular control may be performed by the representatives of the mentioned public authorities and bodies holding a certificate of employment and/or a written authorization from their executive.
7. Regular control shall be performed:
7.1. when instructed by the Commission on the Issues of Licensing of Export, Import, Transit and Mediation of Strategic Goods;
7.2. by order of the executive of a public authority or body performing the control of strategic goods;
7.3. at the request of respective public authorities of exporting states with participation of representatives of these states;
7.4. according to the procedure established by the international agreements of the Republic of Lithuania for the inspection of strategic goods in the importing state.
8. Regular control shall be performed in order to ensure that:
8.1. the type, form, amount, origin and end-use of the strategic goods correspond to the type, form, amount, origin and end-use of the strategic goods specified in the documents provided  by the inspected legal or natural person or branch of a foreign legal person or other organizations;
8.2. strategic goods correspond to the goods specified in the licence;
8.3. the holder of strategic goods has a good knowledge of their characteristics and threats posed by them and provides for specific measures aimed at eliminating the consequences of possible accidents.
9. At the time of regular control, the activities related to strategic goods may be temporarily suspended until the end of the inspection provided that such a suspension does not endanger human health and life, does not pose a threat of environmental pollution or accident, and does not cause unreasonably heavy material and financial losses.
10. The representatives of public authorities and bodies performing control, upon presentation of their certificate of employment and/or a written authorization from their executive, shall have the right:
10.1.  to demand the presentation of the necessary data and documents attesting that legal and natural persons and branches of foreign legal persons and other organizations carry out transactions with strategic goods, store them and use them legally.  In particular, such documents shall include invoices, cargo declarations, transport and other shipment documents providing sufficient information describing the goods and specifying their amount, names and addresses of the exporter, importer, carrier, consignee and end-user, as well as the end-use.
10.2. to demand that all documents be presented in the Lithuanian language. Documents attesting the end-use may be written in the Lithuanian, English or Russian languages;
10.3. at any time of the day, to freely enter all territories as well as industrial, administrative and other types (including the sealed ones) of premises (except dwellings) that belong to  legal and natural persons and branches of foreign legal persons and other organizations, together with a representative of that company, branch, body or organization, when that is necessary to inspect strategic goods and carry out control tests and measurements;
10.4. to inspect all the vehicles and cargoes contained in them belonging to the inspected legal and natural persons and branches of foreign legal persons and other organizations;
10.5. to carry out the examination of strategic goods;
10.6. to invite specialists and experts from other public authorities of the Republic of Lithuanian and foreign states to participate in the control process if the adoption of a decision requires the conclusions of such specialists and experts;
10.7. to demand written explanations about the violations found during the control process from legal and natural persons and branches of foreign legal persons and other organizations.
11. Nuclear material accounting shall be performed according to the procedure of nuclear material accounting established by the European Commission.
12. The use of imported nuclear-related goods that have been issued an import certificate and/or a surety bond of the Ministry of Economy and the State Nuclear Power Safety Inspectorate shall be inspected according to the schedule arranged by the State Nuclear Power Safety Inspectorate, but at least once a year.
13. Representatives of public authorities and bodies performing control must:
13.1. use the information obtained during inspection only for the purposes of control;
13.2. ensure the protection of information obtained from legal and natural persons and branches of foreign legal persons and other organizations in accordance with the laws of the Republic of Lithuania;
13.3. draw up an inspection report or an analogous document;
13.4. within seven days after the inspection, present the report or analogous document referred to in paragraph 13.3 of these Rules to the public authority or body that has issued a written authorization to perform control, and present a copy of this report or analogous document to the Ministry of Economy.
14. Legal and natural persons and branches of foreign legal persons and organizations as well as the representatives of public authorities and bodies performing control shall be held liable for the violations of these Rules under the law of the Republic of Lithuania.
 
 
 
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