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Official translation REPUBLIC OF LITHUANIA LAW ON LOBBYING ACTIVITIES 27 June 2000, No. VIII-1749 Vilnius (As amended by

Official translation REPUBLIC OF LITHUANIA LAW ON LOBBYING ACTIVITIES 27 June 2000, No. VIII-1749 Vilnius (As amended by 8 May 2001 No. IX-308) CHAPTER ONE GENERAL PROVISIONS Article

  1. Purpose of the Law This Law shall set lobbying activities, their control and liability for violations of this Law. Article
  2. Main Definitions of this Law
  3. "Lobbying activities" means lobbyists' activities subject to compensation in an attempt to influence the amendment, supplementing of legal acts or declaring them invalid, the passage or defeat of new legal acts. Such activities shall be intended for the implementation of lawful interests of a client, without violating person's rights or public and State interests.
  4. "Lobbyist" means a natural person or an undertaking, agency, organisation (hereinafter referred to as an undertaking) who enjoys the right to engage in lobbying activities and is recorded in the Register of Lobbyists in a manner prescribed by this Law.
  5. "Client of lobbying activities" means a natural person or their group, undertaking, agency, organisation (except the persons specified in Article 7 of this Law) who conclude with a lobbyist a contract of mandate by onerous title or another contract in compliance with the requirements of the Civil Code of the Republic of Lithuania or other laws of the Republic of Lithuania.
  6. "Lobbyist's report" means an official report on lobbying activities, income and expenditure, which must be filed in a manner prescribed by this Law.
  7. "Lobbyist's income" means lawful compensation received for lobbying activities from a client of lobbying activities.
  8. "Lobbyist's expenses" means lobbyist's expenditure incidental to lobbying activities. Article
  9. Legal Person or Undertaking which are not Entitled to be a Lobbyist
  10. A natural person shall not be entitled to be a lobbyist if he is: 1) under the age of 18; 2) a former state politician, public servant (except public employees), if less than one year has elapsed from the expiry of his term of office or the powers, or the loss of the status of a public servant until the filing of an application for the registration in the Register of Lobbyists; 3) a state politician, public servant who, under legal acts regulating his service, must not be a member of the management bodies of undertakings, agencies, organisations, receive remuneration for his work in the management bodies of such undertakings, agencies and organisations, work as an employee, advisor, expert or consultant in private undertakings or agencies, as well as receive remuneration other than fixed by legal acts regulating his service; 4) convicted for a deliberate crime, provided that his conviction has not expired or has not been annulled.
  11. Natural persons specified in paragraph 1 of this Article shall not have the right to engage in lobbying activities in an undertaking recorded in the Register of Lobbyists.
  12. Natural persons or undertakings may not be lobbyists if the time limit fixed in paragraph 8 of Article 9 of this Law has not expired.
  13. Budgetary institutions and the Bank of Lithuania shall not have the right to be lobbyists. Article
  14. Rights and Duties of Lobbyists
  15. The lobbyist shall, in compliance with the procedure established by laws and legal acts of the Republic of Lithuania, have the right: 1) to participate in preparation of drafts of legal acts and submit explanations, to prepare drafts of legal acts or alternative legal acts; 2) on his own initiative to conduct expert examination of effective legal acts or drafts of legal acts, to submit conclusions and commentaries on drafts to clients of lobbying activities; 3) to explain to the public, convince state and municipal institutions or agencies that it is expedient to adopt or defeat a certain legal act, to amend or supplement an effective legal act or to declare it invalid; 4) to inform the public, undertakings, agencies or organisations about drafts of legal acts which are being prepared in the Seimas, the Government or other state or municipal institutions; 5) to make reports to the mass media and to participate in public events; 6) to collect material and information about legislation and submit it to clients of lobbying activities; 7) to propose to legislators to initiate amendments of effective legal acts; 8) to organise and finance meetings of legislators with representatives of clients of lobbying activities; 9) to organise and finance a public-opinion poll regarding a draft of a legal act or the implementation of an effective legal act; 10) to organise and finance representative and other events on the issues of legislation; 11) to organise and finance meetings of state politicians and public servants with the public with respect to the issues of legislation; 12) to obtain copies of drafts of legal acts and other information material, if this is in compliance with the laws of the Republic of Lithuania; 13) in a manner prescribed by law to authorise another person to present a report on lobbying activities in the name of the lobbyist.
  16. The lobbyist must: 1) to inform in writing the Chief Institutional Ethics Commission about the termination of lobbying activities not later than within one working day from the moment he gets to know that he has been elected a state politician, appointed a public servant who, under legal acts regulating his service, must not be a member of the management bodies of undertakings, agencies, organisations, receive remuneration for his work in the management bodies of such undertakings, agencies and organisations, work as an employee, advisor, expert or consultant in private undertakings or agencies, as well as receive remuneration other than fixed by legal acts regulating his service; 2) to act in compliance with this Law and other laws and legal acts of the Republic of Lithuania. Article
  17. Illegal Lobbying Activities Lobbying activities shall be considered illegal if: 1) natural persons or undertakings who are not registered in the Register of Lobbyists in a manner prescribed by this Law, engage in the said activities; 2) a lobbyist engages in the said activities after his lobbying activities have been suspended in a manner prescribed by this Law; 3) a former lobbyist engages in it after his lobbying activities have been terminated in a manner prescribed by this Law; 4) natural persons or undertakings who are not entitled to be lobbyists, engage in the said activities; 5) because of such activities the activities of a state politician, public servant would become dependent on the actions of a lobbyist or a client of lobbying activities; 6) state politicians, public servants are deliberately misled or deceived by indicating facts or circumstances which may determine the amendment, supplement of a legal act or declaration of it invalid, or the passage or defeat of a new legal act; 7) the aim of such activities is to exert influence on the passage or defeat of a legal act which is directly related to the recruitment of a lobbyist to the public service, the amendment, supplement of an effective legal act or declaration of it invalid; 8) carried out in the name of a non-existent client of lobbying activities; 9) a lobbyist directly or indirectly declares or states that he may influence legislation, a state politician or a public servant; 10) at the same time a lobbyist represents clients of lobbying activities who have opposite interests. Article
  18. Activities not Considered Lobbying The following activities shall not be considered lobbying: 1) activities or work of owners, publishers or employees of the mass media means related to information about legal acts and their drafts: publication or dissemination of the whole text or a part of it, review, comments. This provision shall not apply when owners, publishers or employees of the mass media means receive remuneration for lobbying activities; 2) activities of natural persons, undertakings, agencies, organisations when, upon the invitation of state and municipal institutions or agencies, participate for payment or gratuitously in the preparation, consideration or explanation of drafts of legal acts; 3) actions of state politicians, public servants when initiating, preparing, considering, passing and explaining drafts of laws and other legal acts, which are carried out in accordance with the official duties ascribed to them by state and municipal institutions or agencies; 4) activities of non-profit organisations when they represent the interests of their members, except the cases when such organisations receive remuneration for lobbying activities; 5) activities of scientists (pedagogues), except the cases when they receive remuneration for lobbying activities. Article
  19. Person who is Prohibited from Being a Client of Lobbying Activities The following shall be prohibited from being clients of lobbying activities: 1) a state politician; 2) a public servant; 3) state and municipal institutions or agencies; 4) a state or municipal undertaking. CHAPTER TWO REGISTER OF LOBBYISTS Article
  20. Recording of Natural Persons or Undertakings in the Registration of Lobbyists
  21. A natural person or undertaking who wishes to engage in lobbying activities shall file to the Chief Institutional Ethics Commission an application for recording in the Register of Lobbyists.
  22. The following must be indicated in an application: 1) a name and surname, personal number, place of residence, place of work within the last one year - if an application is filed by a natural person; 2) a name, registration number, address of the head office - if an application is filed by an undertaking; 3) information about employees of the undertaking (names, surnames, personal numbers) who will engage in lobbying activities - if an application is filed by an undertaking.
  23. The number of lobbyists shall not be limited.
  24. The Chief Institutional Ethics Commission shall have the right to request additional information from state and municipal institutions or agencies and a person or undertaking who has filed an application. The Chief Institutional Ethics Commission shall, within 5 working days from the receipt of an application, consider an application and make a decision on the recording of a natural person or an undertaking in the Register of Lobbyists. In the event an additional information is needed, the time limit of consideration of an application shall be counted from the day of receipt of necessary information.
  25. The Chief Institutional Ethics Commission shall refuse to record a natural person or an undertaking in the Register of Lobbyists only if a natural person or an undertaking who has filed an application: 1) is not entitled to be a lobbyist in accordance with Article 3 of this Law; 2) has submitted incorrect or incomplete information and additional information specified in paragraphs 2 and 4 of this Article.
  26. The Chief Institutional Ethics Commission shall, within 5 working days of the making of a decision, inform in writing a natural person or an undertaking about the adopted decision to record or to refuse to record the natural person or the undertaking in the Register of Lobbyists. A natural person or an undertaking who received a notification about the decision to record the natural person or the undertaking in the Register of Lobbyists, must, within one month from the day of receipt of such notification, pay state fees and charges and present to the Chief Institutional Ethics Commission a document confirming the payment of the said fee. A natural person or an undertaking who in due time has presented a document confirming the payment of state fees and charges, shall be issued a lobbyist's certificate the form of which is established by the Chief Institutional Ethics Commission. If a natural person or an undertaking does not present a document confirming the payment of state fees and charges, the Chief Institutional Ethics Commission shall revoke a decision to record a natural person or an undertaking in the Register of Lobbyists, and shall make a decision to refuse to record a natural person or an undertaking in the Register of Lobbyists.
  27. A natural person or an undertaking shall have the right to appeal against the decision of the Chief Institutional Ethics Commission to refuse to record him/it in the Register of Lobbyists to the Administrative court in accordance with the procedure established by the Law of the Republic of Lithuania on Administrative Proceedings. Article
  28. Suspension, Renewal, Termination and Expiry of Lobbying Activities
  29. Lobbying activities shall be suspended if: 1) a lobbyist himself or through his authorised person has applied in writing to the Chief Institutional Ethics Commission with respect to suspending lobbying activities; 2) a lobbyist has not presented in due time a report on lobbying activities; 3) criminal proceedings are instituted against a lobbyist for a committed deliberate crime.
  30. In the case specified in subparagraph 1 of paragraph 1 of this Article lobbying activities shall be suspended for a period of time indicated by the lobbyist. In the case specified in subparagraph 2 of paragraph 1 of this Article lobbying activities shall be suspended for a period of time not exceeding one month for the elimination of violations. In the case specified in subparagraph 3 of paragraph 1 of this Article lobbying activities shall be suspended for a natural person until criminal case is either terminated or decided.
  31. Lobbying activities shall be terminated if: 1) a lobbyist himself or through his authorised representative has applied in writing to the Chief Institutional Ethics Commission with respect to termination of lobbying activities; 2) a lobbyist engages in lobbying activities after such activities have been suspended in the cases laid down in paragraph 1 of this Article; 3) the Chief Institutional Ethics Commission establishes that the actions of a lobbyist are illegal; 4) violations because of which the lobbying activities have been suspended, are not eliminated within the time limit set in paragraph 2 of this Article; 5) conviction for a deliberate crime comes into force.
  32. A decision to suspend or terminate lobbying activities shall be made by the Chief Institutional Ethics Commission. The Chief Institutional Ethics Commission must, within 5 working days of the making of a decision, inform in writing a lobbyist about the decision made to suspend or terminate the lobbying activities. A lobbyist shall have the right to appeal against such decision of the Chief Institutional Ethics Commission to the Administrative court in accordance with the procedure established by the Law of the Republic of Lithuania on Administrative Proceedings.
  33. The Chief Institutional Ethics Commission shall, not later than within 5 working days, make a decision to renew the suspended lobbying activities, if: 1) the violations because of which the lobbying activities were suspended, have been eliminated; 2) a written application of the lobbyist has been received indicating that he wishes to renew lobbying activities suspended on his own request; 3) criminal proceedings are terminated or a judgement of acquittal comes into force.
  34. Lobbying activities expire when a lobbyist - natural person dies or an undertaking recorded in the Register of Lobbyists is liquidated because of the bankruptcy or by decision of the management bodies.
  35. Upon the termination or expiry of lobbying activities, a lobbyist shall be crossed out from the Register of Lobbyists. If a natural person with whom an undertaking recorded in the Register of Lobbyists has concluded a contract of mandate by onerous title or other contract according to the requirements of the Civil Code of the Republic of Lithuania or other laws of the Republic of Lithuania, terminates lobbying activities or the said activities expire, only the natural person shall be crossed out from the Register of Lobbyists.
  36. If lobbying activities of natural persons and undertakings are terminated in the cases specified in subparagraphs 2-4 of paragraph 3 of this Article, they shall have no right to engage in lobbying activities for a period of 5 years from the day of making of a decision to terminate the lobbying activities. Article
  37. Report on Lobbying Activities
  38. A lobbyist must file to the Chief Institutional Ethics Commission a report on lobbying activities for the past calendar year not later than by 15 February of the current year. A form of a report on lobbying activities shall be approved by the Chief Institutional Ethics Commission. Together with a report on lobbying activities a lobbyist must submit copies of lobbying activities contracts.
  39. A lobbyist shall have the right to apply to the Chief Institutional Ethics Commission with a reasoned letter to postpone the time of submission of a report. The Chief Institutional Ethics Commission shall have the right to postpone the time of filing a report on lobbying activities for a period not exceeding 30 days.
  40. In a report on lobbying activities a lobbyist must indicate: 1) lobbyist's name, surname (if a lobbyist is a natural person), a name (if a lobbyist is an undertaking), the number of a lobbyist's certificate; 2) the name, surname or a name of each client of lobbying activities, personal or registration number, address of a place of residence or the head office; 3) a title of a legal act or a draft of a legal act upon which it has been lobbied; 4) lobbyist's income (appending copies of documents substantiating the receipt of income); 5) lobbyist's expenses.
  41. A lobbyist must submit reports on lobbying activities even in the cases when he has not received lobbyist's income and has not incurred lobbyist's expenses during the reporting period.
  42. A report on lobbying activities, signed by the lobbyist, must be filed by the lobbyist himself or his authorised person.
  43. Termination of lobbying activities does not relieve a lobbyist of the obligation to file a report on lobbying activities in due time.
  44. If lobbying activities are terminated, a lobbyist must not later than within 10 days of receipt of the notification about the termination of lobbying activities, file a final report on lobbying activities for the period from the report on lobbying activities for the past calendar year to the day of termination of lobbying activities. Article
  45. Other Restrictions on Lobbying Activities
  46. A lobbyist and a client of lobbying activities shall be prohibited from stipulating such a form of payment for lobbying activities when the amount of payment depends on the amendment, supplement, declaring invalid or rejection of a certain legal act, or the passage or defeat of a new legal act.
  47. It shall be prohibited to finance lobbying activities from state or municipal budgets. CHAPTER THREE CONTROL OF LOBBYING ACTIVITIES AND FURNISHING OF INFORMATION Article
  48. Control of Lobbying Activities
  49. Lobbying activities shall be controlled by the Chief Institutional Ethics Commission in a manner prescribed by this Law.
  50. The Chief Institutional Ethics Commission shall have the right to: 1) check lobbying activities; 2) request a lobbyist to submit documents or other information related to lobbying activities; 3) inspect reports on lobbying activities.
  51. The Chief Institutional Ethics Commission must: 1) within 15 days from the filing to the Chief Institutional Ethics Commission of the document confirming the payment of state fees and charges, or from the day of the adoption of a decision to suspend, renew or terminate lobbying activities, or from the day of receipt of information about the expiry of lobbying activities, announce in the supplement to the Valstybės žinios, Informaciniai pranešimai the information about lobbyists and lobbying activities, specified in paragraph 2 of Article 13 of this Law; 2) at least once every calendar year file to the Seimas of the Republic of Lithuania an annual report on the control of lobbying activities. Article
  52. Information about Lobbying Activities
  53. Information about lobbying activities shall be available to the public. The Chief Institutional Ethics Commission may not restrict persons' rights to receive data and information about lobbying activities (lobbyists, clients of lobbying activities, legal acts and drafts thereof upon which it has been lobbied, reports on lobbying activities).
  54. Information about lobbyists recorded in the Register of Lobbyists, suspension, renewal, termination or expiry of lobbying activities shall be published in the supplement to Valstybės žinios,Informaciniai pranešimai. CHAPTER FOUR FINAL PROVISIONS Article
  55. Liability for Violations of this Law
  56. Persons who violate the requirements of this Law shall be held liable in accordance with the procedure established by law.
  57. Persons who have caused damage to other people, undertakings, agencies and organisations with their lobbying activities, shall pay damages in accordance with the procedure established by law. Article
  58. Coming into Force of this Law This Law shall come into force on 1 January
  59. I promulgate this Law passed by the Seimas of the Republic of Lithuania. RESPUBLIKOS PREZIDENTAS VALDAS ADAMKUS

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