Law on the Implementation of Economic and other International Sanctions


Published: 0000-00-00

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official translation
 
 
REPUBLIC OF LITHUANIA
 
LAW
 
ON THE IMPLEMENTATION OF ECONOMIC AND OTHER INTERNATIONAL SANCTIONS
 
22 April 2004 No IX-2160 Vilnius
 
CHAPTER ONE
GENERAL PROVISIONS
 
Article 1. Purpose of the Law
1. The purpose of this Law is to ensure the proper implementation of the international obligations of the Republic of Lithuania and the Common Foreign and Security Policy of the European Union, to create conditions for the Republic of Lithuania to contribute more effectively to the maintenance of international peace and stability, as well as to the combat of the international community against international terrorism, violations of human rights, territorial, ethnic and religious conflicts in other states, and to ensure the national security interests of the Republic of Lithuania.
2. This Law shall lay down the procedure for implementing in the Republic of Lithuania the non-military international sanctions imposed by the United Nations and other international organisations, as well as the European Union. The implementation of international sanctions shall comprise the imposition, change and termination of the implementation of international sanctions.
 
Article 2. Main Definitions used this Law
1. “Entity” with respect to which international sanctions are implemented” means a state or a part thereof; a territory (a zone of special status); a natural or legal person; any other organisation or a group of natural persons.
2. ”International sanctions” means the totality of the restrictions and obligations imposed by the decisions of the United Nations, other international organisations, as well as pursuant to the legal instruments of the European Union. International sanctions may be economic, financial, political, communication, public, as well as setting out other restrictions and obligations.
3. ”Economic sanctions” means restrictions on the import, export, re-export and transit, including brokering, of goods for civil purposes, dual-use items, military equipment, services and technologies; restrictions on the trade with entities with respect to which international sanctions are implemented; restrictions on economic activities of natural and legal persons of the Republic of Lithuania in a state or territory with respect to which international sanctions are implemented; restrictions on economic activities in the territory of the Republic of Lithuania of the entities with respect to which international sanctions are implemented.
4. ”Financial sanctions” means restrictions on the rights of entities, with respect to which international sanctions are implemented, to manage, use and dispose of cash, securities, goods, other assets and property rights; payment restrictions for entities with respect to which international sanctions are implemented; other restrictions on financial activities.
5. “Political sanctions” means restrictions on official visits; restrictions on entry into, or transit through, a state or a territory with respect to which international sanctions are implemented; restrictions on entry into, or transit through, the territory of the Republic of Lithuania for the persons with respect to whom international sanctions are implemented; restrictions on diplomatic relations; other measures of political and diplomatic influence.
6. ”Communication sanctions” means restrictions on transport (rail, road, water, air), postal, electronic and (or) other communication with entities with respect to which international sanctions are implemented.
7. “Public sanctions” means restrictions on cultural, scientific, educational, sports and other public relations with entities with respect to which international sanctions are implemented.           
8. “Export” means the transport or shipping of goods from the customs territory of the Community, the transmission of software and technology by fax, telephone or in any other way and (or) in any other means of electronic media to a destination outside the customs territory of the Community; the supply of services to a destination outside the customs territory of the Community. This definition shall apply to oral transmission of technology by telephone only where the technology is contained in a document the relevant part of which is read out over the telephone, or is described over the telephone in such a way as to achieve substantially the same result.
9. “Import” means the transport or shipping of goods into the customs territory of the Community, the transmission of software and technology by fax, telephone or in any other way and (or) in any other means of electronic media to a destination from outside the customs territory of the Community; the supply of services to a destination from outside the customs territory of the Community. This definition shall apply to oral transmission of technology by telephone only where the technology is contained in a document the relevant part of which is read out over the telephone, or is described over the telephone in such a way as to achieve substantially the same result.
10. “Financial institution” – as defined in the Law of the Republic of Lithuania on Financial Institutions.
 
Article 3. General conditions of the implementation of international sanctions
1. The implementation of international sanctions shall be laid down and changed by Resolutions of the Government of the Republic of Lithuania, with the exception of the case referred to in paragraph 1 of Article 8 of this Law. Resolutions of the Government of the Republic of Lithuania shall prescribe which international sanctions are implemented, time limits for implementing such sanctions, conditions, possible exemptions and entities with respect to which international sanctions are implemented. An expiration date of international sanctions shall be set taking into account the expiration date indicated in decisions of international organisations imposing international sanctions or in legal instruments of the European Union. Time limits for implementing international sanctions in the Republic of Lithuania shall not be set out, if an international organisation or the European Union, which has set out such time limits, provides for a possibility to renew the implementation of international sanctions after the review which is carried out upon the expiry of the time limits for implementing the said sanctions.           
2. If decisions of the international organisations imposing international sanctions or legal instruments of the European Union lay down that international sanctions become repealed or their implementation is not prolonged, the implementation of international sanctions in the Republic of Lithuania shall be terminated by the Government of the Republic of Lithuania.
3. A Resolution of the Government of the Republic of Lithuania concerning the implementation of international sanctions shall establish what actions natural and legal persons of the Republic of Lithuania must perform or are prohibited from performing when carrying out international sanctions.
4. The provisions of this Law shall apply to the actions of natural and legal persons of the Republic of Lithuania in the territories of foreign states, irrespective of the fact whether or not the foreign states implement the international sanctions which are implemented by the Republic of Lithuania.
 
Article 4. Exemptions on the implementation of international sanctions
1. If decisions of the international organisations imposing international sanctions and (or) legal instruments of the European Union, with the exception of Regulations, provide for the exemptions on their implementation for humanitarian purposes, purposes pertaining to provision for peace keeping missions or in other particular cases, the implementation of exemptions from sanctions in the Republic of Lithuania shall be set out by Resolutions of the Government of the Republic of Lithuania, with the exception of the case referred to in paragraph 1 of Article 8 of this Law.
2. The Ministry of Foreign Affairs of the Republic of Lithuania shall be responsible for the implementation of the specified exemptions. The entities with respect to which international sanctions are implemented or natural or legal persons of the Republic of Lithuania (except financial institutions), seeking to avail themselves of the exemptions, shall apply to an institution carrying out supervision of the implementation of international sanctions, which is indicated in Article 12 of this Law, and the said institution or a financial institution shall apply to the Ministry of Foreign Affairs of the Republic of Lithuania regarding the implementation of an exemption on a case by case basis and shall implement an exemption only with the consent of the said Ministry. In those cases when the Ministry of Foreign Affairs of the Republic of Lithuania is an institution carrying out supervision of international sanctions, entities with respect to which international sanctions are implemented or natural or legal persons of the Republic of Lithuania shall, in order to avail themselves of exemptions, apply directly to the Ministry of Foreign Affairs of the Republic of Lithuania.
 
CHAPTER TWO
SCOPE OF THE IMPLEMENTATION OF INTERNATIONAL SANCTIONS
 
Article 5. Scope of the implementation of the Resolutions of the Security Council of the United Nations and the decisions of other international organisations on international sanctions which are binding under the international obligations of the Republic of Lithuania
International sanctions set out in the Resolutions of the Security Council of the United Nations and the decisions of other international organisations on international sanctions, which are binding under the international obligations of the Republic of Lithuania, shall be implemented completely in the manner prescribed in Article 3 of this Law.
 
Article 6. Scope of the implementation of recommendatory decisions of international organisations regarding the imposing of international sanctions
The decisions of the General Assembly of the United Nations, the Organisation for Security and Co-operation in Europe, other international organisations whose member is the Republic of Lithuania or in which the Republic of Lithuania takes part, recommending to impose international sanctions on particular entities shall be implemented by the Republic of Lithuania in the manner prescribed by Article 3 of this Law, provided that the implementation of these sanctions are in compliance with the interests of foreign policy and national security of the Republic of Lithuania and to the extent necessary to attain the objectives referred to in Article 1 of this Law.
 
Article 7. Implementation of the decisions of international organisations regarding the imposition of international sanctions, taking into account European Union law
1. Decisions of international organisations regarding the imposition of international sanctions against foreign states shall be implemented by Resolutions of the Government of the Republic of Lithuania only to the extent they are not implemented by Regulations of the European Union, which are directly applicable, taking into account the provisions of Article 8 of this Law.
2. If the implementation of international sanctions, which is binding under the international obligations of the Republic of Lithuania is inconsistent with the obligations under the Treaty Establishing the European Community, the decision concerning the implementation of the said sanctions must be made in pursuance of the Treaty Establishing the European Community.
 
CHAPTER THREE
IMPLEMENTATION OF INTERNATIONAL SANCTIONS
WHEN PURSUING THE COMMON FOREIGN AND SECURITY POLICY OF THE EUROPEAN UNION
 
Article 8. Implementation of legal instruments of the Common Foreign and Security Policy of the European Union in the Republic of Lithuania
1. The Regulations of the European Union concerning international sanctions and exemptions on the implementation thereof, adopted on the basis of the Treaty Establishing the European Community, shall be directly applicable in the Republic of Lithuania from the date of their entry into force. Where necessary, the Government of the Republic of Lithuania may adopt a resolution containing the provisions necessary for the implementation of the regulation in the Republic of Lithuania.
2. The common positions, joint actions, decisions and other legal instruments of the European Union concerning international sanctions, adopted on the basis of the Treaty on European Union or the Treaty Establishing the European Community, shall be implemented in the manner prescribed by Article 3 of this Law.
 
CHAPTER FOUR
EFFECT OF INTERNATIONAL SANCTIONS IMPLEMENTED IN THE REPUBLIC OF LITHUANIA ON OBLIGATIONS AND TRANSACTIONS
 
Article 9. Fulfilment of obligations upon the establishment of implementation of international sanctions
1. It shall be prohibited to perform the actions the performance of which is prohibited by the international sanctions implemented in the Republic of Lithuania. The transactions concluded prior to the establishment of the implementation of international sanctions in the Republic of Lithuania must be immediately terminated unilaterally or by agreement between the parties, their execution must be suspended for the duration of the implementation of international sanctions.
2. It shall be prohibited to conclude transactions the execution of which would be in conflict with international sanctions implemented in the Republic of Lithuania. Such transactions concluded after the establishment of the implementation of international sanctions in the Republic of Lithuania in the manner prescribed by this Law shall be null and void, and invalid.
3. The fulfilment of the obligations which appeared prior to the establishment of implementation of international sanctions in the Republic of Lithuania must be terminated immediately or suspended for the duration of the implementation of international sanctions. It shall be prohibited to assume new obligations the fulfilment of which would be in conflict with international sanctions implemented in the Republic of Lithuania.
4. Upon the restriction of availability of accounts to the entities with respect to which international sanctions are implemented, expenses associated with routine holding of such accounts may be deducted from them, and interest as well as payments due under transactions, concluded prior to the commencement of the implementation of international sanctions, may be added only if any deductions or additions shall not be made available to the entity with respect to which financial sanctions are implemented.
 
Article 10. Legal consequences for non-fulfilment of obligations relating to the application of international sanctions
1. Civil liability shall not be applied to natural and legal persons of the Republic of Lithuania for the non-fulfilment of obligations relating to the implementation of international sanctions, or such persons shall be released from the said liability in pursuance of the provisions of the Civil Code of the Republic of Lithuania.
2. Expenses incurred by natural and legal persons when implementing this Law shall not be reimbursed.
 
CHAPTER FIVE
ADMINISTRATION AND SUPERVISION OF THE IMPLEMENTATION OF INTERNATIONAL SANCTIONS
 
Article 11. Administration of the Implementation of International Sanctions
1. The Ministry of Foreign Affairs shall co-ordinate the implementation of international sanctions in the Republic of Lithuania and provide natural and legal persons with information about the issues pertaining to the implementation of the international sanctions.
2. The Ministry of Foreign Affairs of the Republic of Lithuania shall furnish information on the implementation of international sanctions to the United Nations, other international organizations or institutions of the European Union whose imposed international sanctions are implemented.
 
Article 12. Institutions supervising the implementation of international sanctions
1. Within the limits of their competence, the following institutions shall responsible for the implementation of international sanctions:
1) the Ministry of Foreign Affairs of the Republic of Lithuania, the Ministry of Economy of the Republic of Lithuania, the Customs Department under the Ministry of Finance of the Republic of Lithuania, the Insurance Supervisory Commission of the Republic of Lithuania – for supervision of the implementation of economic sanctions;
2) the Financial Crime Investigation Service under the Ministry of the Interior of the Republic of Lithuania, the Customs Department under the Ministry of Finance of the Republic of Lithuania, the Insurance Supervisory Commission of the Republic of Lithuania, the Lithuanian Securities Commission – for supervision of the implementation of financial sanctions;
3) the Government and the ministries of the Republic of Lithuania, the Migration Department under the Ministry of the Interior of the Republic of Lithuania, the State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania, the Lithuanian State Department of Tourism under the Ministry of Economy – for supervision of the implementation of political sanctions;
4) the Ministry of Transport and Communications of the Republic of Lithuania, the Ministry of Foreign Affairs of the Republic of Lithuania, the Communications Regulatory Authority, the Civil Aviation Administration – for supervision of the implementation of communication sanctions;
5) the Ministry of Culture of the Republic of Lithuania, the Ministry of Education and Science of the Republic of Lithuania, the Department of Physical Education and Sports under the Government of the Republic of Lithuania, the Lithuanian State Department of Tourism under the Ministry of Economy – for supervision of the implementation of public sanctions.
2. When necessary, the Government of the Republic of Lithuania may appoint other institutions, which are responsible for supervision of the implementation of international sanctions set out in the Resolution.
 
Article 13. Supervision of the implementation of international sanctions
1. The procedure for supervision of the implementation of international sanctions shall be laid down by the Government of the Republic of Lithuania. Legal and natural must submit to the institutions carrying out supervision of the implementation of international sanctions all the documents necessary to exercise supervision.
2. Institutions responsible for supervisions of the implementation of international sanctions, as well as financial institutions shall provide the Ministry of Foreign Affairs of the Republic of Lithuania with information about the implementation of international sanctions, their infringements and cases under consideration.
3. Provision of the information specified in this Law to the institutions referred to in paragraphs 1 and 2 of this Article shall not be considered to constitute the disclosure of an official, industrial, commercial, bank secret or confidential information. Data which comprise a state or an official secret shall be furnished to institutions as well as collected and stored in them in accordance with the procedure established by the Law of the Republic of Lithuania on State Secrets and Official Secrets.
 
CHAPTER SIX
LIABILITY FOR INFRINGEMENTS OF INTERNATIONAL SANCTIONS
 
Article 14. Liability for Infringements of the Law
Natural and legal persons shall be held liable for the infringements of this Law in accordance with the procedure established by laws of the Republic of Lithuania.
 
CHAPTER SEVEN
FINAL PROVISIONS
 
Article 15. Entry into Force of the Law
This Law shall enter into force from 1 May 2004.
 
Article 16. Proposal to the Government of the Republic of Lithuania
The Government of the Republic of Lithuania or an institution authorised by it shall, within 6 months from the publication of this Law, prepare legal acts necessary for the implementation of this Law.
 
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
 
 
 
 
ACTING PRESIDENT OF THE REPUBLIC                        ARTŪRAS PAULAUSKAS