REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA LAW ON STATE BORDER PROTECTION I. THE PROCEDURE FOR STATE BORDER PROTECTION Article

1. State border protection shall be the assurance of the in violability of the state border, that is: the execution of the Law on the State Border of the Republic of Lithuania; the state border guard and the exploitation of technical devices; the frontier regime; and the measures and operational activities for the elimination of state border violations, and for the detention of violators. Article
2. State border protection shall be carried out by the State Border Protection Service of the Ministry of National Defense. Article
3. The State Border Protection Service shall be guided by the Provisional Basic Law (Constitution) of the Republic of Lithuania, international agreements of the Republic of Lithuania, the Law on the State Border of the Republic of Lithuania, this and other laws, directives of the Government, statutes of national defense services, as well as by orders of the Minister of National Defense, and orders and instructions of the chief of the state border protection service. Article
4. The frontier shall be established at the state border of the Republic of Lithuania. The frontier shall be a land strip up to 5 kilometers in width, stretching out into the territory from the state border line or coast line if the border lies through the water. The frontier zone shall be the 5 meter-wide part of the frontier which is close to the state border or coast. Any activities which are not related to the protection of the border shall be prohibited. The frontier regime shall be in force in the frontier and other places which are established by the Government in accordance with the Law on the State Border. Bounds of the frontier and the regime regulations shall be approved by the Government of the Republic of Lithuania on the motion of the Ministry of National Defense. The State Border Protection Service shall operate in the frontier, as well as in other places where the frontier regime is in force. II. THE ORGANIZATION OF STATE BORDER PROTECTION Article
5. The State Border Protection Service shall be headed by its chief, who shall be appointed and dismissed by the Minister of National Defense on the approval of the Government. The chief of the State Border Protection Service shall be under the direct chain of command of the Minister of National Defense. The structure of the State Border Protection Service shall be established by the Government. Article
6. State border protection service shall be carried out by active service soldiers who are not younger than 19 years of age and who are fit for this service. Civilians of the Republic of Lithuania may also be hired for this service upon concluding a fixed period service contract. During their service soldiers and hired persons of the state border protection service may not be members of any political organizations. Article
7. Soldiers and hired persons of the state border protection service shall take the following oath to the Republic of Lithuania: "With you as witness, I, (name, surname): swear to defend the State of Lithuania and its independence, even if it means sacrificing my strength and life; swear to protect and defend the inviolability of the state border of Lithuania; swear to faithfully implement my duties, the laws of the Republic of Lithuania and orders of my chiefs, and to sacredly protect all state secrets confided to me. So help me God." *Note. The last sentence may be omitted from the oath. The procedure for administering the oath shall be established in the Internal Order Statute of the National Defense Service. Article
8. Officers and soldiers of the state border protection shall wear the national defense service uniform with the emblem and insignia of the state border protection service. Article
9. The State Border Protection Service shall cooperate with other structures of national defense, the Office of the Prosecutor, police, internal affairs and state security services, customs, and frontier services of neighbouring states. The police, internal affairs and state security services, customs, and local governments must furnish information concerning state border protection to the State Border Protection Serv ice. The activities of other departments shall be allowed in the frontier if it is not directly interfering with state border protection. The activities of all departments in the premises of the State Border Protection Service must be coordinated with the frontier post chief. It shall be prohibited for the State Border Protection Serv ice to engage in economic-commercial activities. Article
10. Local governments shall provide office premises for subdivisions of the State Border Protection Service, on the conditions and procedure coordinated with the Government. Telephones shall be installed in homes of officers of the State Border Protection Service out of turn. III. THE COMPETENCE AND GUARANTEES OF THE ACTIVITIES OF OFFICERS Article
11. Officers of the state border protection service performing official duties shall be governmental representatives. Article
12. While executing state border protection, the State Border Protection Service shall: 1) independently or with other law-enforcement bodies define, investigate and remove causes and conditions for violations of the Law on the State Border; 2) provide and implement measures which prevent violations of the state border, violations of the frontier regime, and of fences in the frontier; 3) fulfill the function of the body of interrogation. Article
13. In cases of attacks, disturbances, natural calamities, or catastrophes in the frontier, or after the declaration of sanitary quarantine or a state of emergency, officers of the state border protection service shall settle rising issues in cooperation with law-enforcement bodies, local governments, citizens, enterprises, institutions, and organizations situated in the frontier. Article
14. Officers of the state border protection service must: 1) identify themselves while performing official duties and upon personal requests, and present their official identification card; 2) ensure the health of persons who are detained, and if necessary, provide medical aid; 3) respect and preserve human rights and dignity. Article
15. In the procedure established by laws, while performing official duties in the places where the frontier regime is in force, officers of state border protection service shall have the right to: 1) cease the unlawful actions of persons and officials; 2) check personal documents of persons and officers, as well as documents of vehicles and their loads; 3) detain, conduct personal searches, inspect goods and bring violators to the official premises of state border protection, law-enforcement bodies and customs to conduct an interrogation and perform actions for the establishment of personal identity; 4) halt and inspect any means of transportation, and, after establishing violations of the frontier regime, seize means of transportation. If persons who are in the vehicle refuse to obey, officers may use measures of influence provided in Article 19 of this Law and may enter the vehicle by force; 5) conduct a seizure in the frontier or other place where the frontier regime is in force (not on customs territory), when seeking to suspend goods and documents which are prohibited. 6) in cases provided in Article 15 of this Law and, also, for reasons of traffic safety or for official purposes, restrict the entry into and presence in certain frontier territory or the premises of the frontier post; 7) photograph and make audio and video recordings in the frontier, customs and state border protection premises. Article
16. The chief of the state border protection frontier post shall investigate administrative violations of law related to the frontier regime and which are committed on the territory of the frontier post, and shall impose administrative penalties. Article
17. Officers and soldiers of the state border protection service shall have the right to possess and use firearms and special equipment, the conditions of acquisition, registration, possession, delivery, and utilization of which are regulated by the procedure established by the Government. If persons in the frontier refuse to comply with the lawful demands of officers and soldiers of the state border protection service, the officers and soldiers shall have the right to use force, handcuffs, special devices or firearms, but only to the extent necessary to carry out official duties, and after all other possible measures of persuasion prove to be ineffective. The city (district) prosecutor's office shall immediately be informed of every case in which firearms are used. The official report shall be written on the use of special devices. Article
18. By the order of the Minister of National Defense or the chief of the state border protection service, operational measures may be used to supervise the activities of officers and soldiers of the state border protection service. The procedure of the use of operational measures shall be established by the Minister of National Defense in coordination with the Prosecutor General of the Republic of Lithuania. IV. FINAL REGULATIONS Article
19. The Law on the State Border Protection of the Republic of Lithuania shall enter into force on 1 July
20. After the entry into force of this Law, the Provisional Law on the Frontier Protection Service shall become void. Vytautas Landsbergis President Supreme Council Republic of Lithuania Vilnius 25 June 1992 No.I-2673