LIETUVOS RESPUBLIKOS

LIETUVOS RESPUBLIKOS OFFICIAL TRANSLATION REPUBLIC OF LITHUANIA LAW CONSULAR STATUTE 9 May 1995 No. I-886 Vilnius (As amended by 3 April 2003 No. IX-1464) CHAPTER I CONSULAR POSTS OF THE REPUBLIC OF LITHUANIA AND ORGANISATION OF THEIR ACTIVITIES Article 1 For the purpose of this Statute the following definitions shall apply: “consular post” means any consulate general, consulate, vice-consulate or consulate agency of the Republic of Lithuania; “consular district” means the area assigned to a consular post for the exercise of consular functions; “head of consular post” means a person charged with the duty of acting in that capacity and responsible for such work; “consular officer” means any person, including the head of a consular post, entrusted in that capacity with the exercise of consular functions; “consular employee” means any person employed in the administrative or technical service of a consular post; “members of the consular post” means consular officers, including the head of consular post and consular employees; “consular premises” means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used exclusively for the purposes of the consular post; “vessel” means any vessel flying the flag of the State of Lithuania, except for a naval vessel; “aeroplane” means any aeroplane registered in the Republic of Lithuania and bearing the distinguishing signs of the Republic of Lithuania, except for a military aeroplane. Article 2 The Republic of Lithuania shall establish its consular posts in the states with which it has established consular relations. Where no separate agreement on the establishment of consular relations has been concluded, the establishment of diplomatic relations shall be considered as the establishment of consular relations. However, the severance of diplomatic relations shall not automatically involve the severance of consular relations and the end of activities by the consular post of the Republic of Lithuania. Article 3 Consular posts shall be governed in their activities by the Vienna Convention on Consular Relations, international bilateral and multilateral treaties to which the Republic of Lithuania and the state in which the consular post of the Republic of Lithuania is situated are parties, international regulations and usages, the laws of the Republic of Lithuania, this Statute and other legal acts. Article 4 Consular posts shall be subordinate to the Ministry of Foreign Affairs of the Republic of Lithuania and the head of a diplomatic mission of the Republic of Lithuania in the state in which the consular post is situated. Article 5 Heads of consulates general, consulates, vice-consulates and consulate agencies shall be designated the class of consul-general, consul, vice-consul and consular agent respectively. CHAPTER II CONSULAR FUNCTIONS AND PROCEDURE OF THEIR PERFORMANCE Article 6 A consular officer shall exercise the functions provided for in this Statute. A consular officer may also perform other functions entrusted to the consular posts of the Republic of Lithuania which are not referred to in this Statute provided that there is nothing contrary thereto in the laws of the Republic of Lithuania and the state in which the consular post of the Republic of Lithuania are situated and to which no objection is taken by the said state or which are referred to in the international treaties to which the Republic of Lithuania and the state in which the consular post of the Republic of Lithuania is situated are parties. Consular functions may be also exercised by members of the diplomatic staff of the diplomatic missions of the Republic of Lithuania who are entrusted with the performance of such functions. Article 7 In states where the Republic of Lithuania has no diplomatic mission, a consular officer may, with the consent of the state in which a consular post of the Republic of Lithuania is situated, and without affecting his consular status, be authorised to perform diplomatic acts. Article 8 A consular officer may, after prior notification addressed to the state in which a consular post of the Republic of Lithuania is situated, be authorised to act as representative of the Republic of Lithuania to any international organisation. The head of a mission of the Republic of Lithuania to an international organisation or any other officer of the mission may, with the consent of the state in which the said mission of the Republic of Lithuania is situated, be also appointed as consular officer of the Republic of Lithuania. Article 9 A consular post may be established in the territory of a foreign state only with that state’s consent. The seat of the consular post, its classification and the consular district shall be established by agreement with the state in which the consular post of the Republic of Lithuania is being established. Article 10 A consular post shall have a seal bearing the state emblem of the Republic of Lithuania and the name of the consular post inscribed therein in the Lithuanian language. Article 11 A consular post of the Republic of Lithuania may, with the consent of the state in which it is situated, exercise consular functions in that state on behalf of a third state. Under a relevant trilateral agreement, a consular post of a foreign state may exercise consular functions in a third state on behalf of the Republic of Lithuania . A consular post of the Republic of Lithuania established in a particular state may exercise consular functions in a third state if the states concerned do not object thereto. Article 12 Consular officers and consular employees shall be servants of the Ministry of Foreign Affairs of the Republic of Lithuania. Article 13 Consular officers should, in principle, have the citizenship of the Republic of Lithuania. Where the state in which the consular post of the Republic of Lithuania is situated gives its consent, a consular officer may have the citizenship of this state or a third state. Article 14 Heads of consular posts are divided into four classes: 1) consuls-general; 2) consuls; 3) vice-consuls; 4) consular agents. Article 15 Consular officers of the Republic of Lithuania are of two categories: 1) career consular officers; 2) honorary consular officers. Article 16 The head of a consular post shall be provided by the Ministry of Foreign Affairs of the Republic of Lithuania with a written authorisation in respect of his appointment as head of the consular post – a commission or similar instrument. It shall indicate the full name and citizenship of the head of a consular post, the category, class, capacity, the consular district and the seat of the consular post. The Ministry of Foreign Affairs of the Republic of Lithuania shall transmit the commission or similar instrument through a diplomatic channel to the government of the state in whose territory the head of a consular post is to exercise his functions. Article 17 The head of a consular post is admitted to the exercise of his functions only after having received an authorisation, termed an exequatur, from the state in which the consular post of the Republic of Lithuania is situated. Pending delivery of the exequatur, the head of a consular post may be admitted on a provisional basis to the exercise of his functions if the state in which a consular post of the Republic of Lithuania is situated gives its consent. The Ministry of Foreign Affairs of the Republic of Lithuania shall notify the state in which the consular post of the Republic of Lithuania is situated about the arrival of the head of the consular post after appointment. Article 18 If the head of a consular post is temporarily unable to carry out his functions for whatever reasons or the position of head of consular post is temporarily vacant, a consular officer of this or another consular post of the Republic of Lithuania which is situated in the state concerned or a member of the diplomatic staff of the diplomatic mission situated in that state may be designated as an acting head of post if the said state does not object thereto. The Ministry of Foreign Affairs of the Republic of Lithuania shall give notification thereof to the Ministry of Foreign Affairs of the state in which the consular post of the Republic of Lithuania is situated. Article 19 The Ministry of Foreign Affairs of the Republic of Lithuania shall appoint members of the consular post. The Ministry of Foreign Affairs of the Republic of Lithuania shall give prior notification thereof to the state in which the consular post of the Republic of Lithuania is situated. Where the laws of the state in which a consular post of the Republic of Lithuania is situated do not provide for otherwise, members of the consular post, except for the head of the consular post, shall not need to obtain an exequatur. The full name, citizenship, category and capacity of a consular officer, other than the head of a consular post, and his arrival shall be notified by the Ministry of Foreign Affairs of the Republic of Lithuania to the state in which the consular post of the Republic of Lithuania is situated. Article 20 The Ministry of Foreign Affairs of the Republic of Lithuania shall notify the state in which the consular post of the Republic of Lithuania is situated about any changes in the status of a consular officer. Article 21 Members of a consular post and their family members having the citizenship of the Republic of Lithuania shall respect the laws, regulations and usages of the state in which the consular post of the Republic of Lithuania is situated. Article 22 A consular officer shall protect the rights and interests of the Republic of Lithuania and of its citizens. He must take all possible measures to rectify the violated rights of the citizens of the Republic of Lithuania. A consular officer shall further the development of economic, commercial, scientific and technological, cultural and educational relations between the Republic of Lithuania and the state in which the consular post of the Republic of Lithuania is situated and otherwise promote friendly relations and cooperation between them. A consular officer shall collect by all lawful means information about conditions and developments in the commercial, economic, cultural and scientific life of the state in which the consular post of the Republic of Lithuania is situated, reporting thereon to the Ministry of Foreign Affairs and other interested ministries of the Republic of Lithuania and giving information to legal and natural persons interested. Article 23 A consular officer shall have the right in accordance with the laws of the Republic of Lithuania: 1) to accept applications for citizenship; 2) to register citizens of the Republic of Lithuania; 3) to register birth and death certificates of the citizens of the Republic of Lithuania; 4) to execute marriage formalities in respect of citizens of the Republic of Lithuania and issue marriage certificates to them; 5) to accept requests by the citizens of the Republic of Lithuania residing abroad to amend, rectify and supplement records of civil status, restore the records lost and change first and family names as well as patronymics; 6) to keep records of active and alternative military service of citizens of the Republic of Lithuania. Article 24 A consular officer shall have the right to: 1) issue passports or other travel documents to citizens of the Republic of Lithuania, extend or change such documents; 2) issue, extend or cancel visas of the Republic of Lithuania to persons travelling to the Republic of Lithuania or wishing to transit through its territory. Article 25 A consular officer shall assist representatives of ministries, agencies and organisations of the Republic of Lithuania exercising their duties in the consular district as well as citizens of the Republic of Lithuania on a mission abroad. Article 26 A consular officer shall inform citizens and representatives of legal persons of the Republic of Lithuania about the basic laws, regulations and usages of the state in which the consular post is situated. Article 27 A consular officer shall assist citizens and legal persons of the Republic of Lithuania in the organisation of cultural, educational and sports events in the consular district so that the public of the state in which the consular post is situated should be acquainted with the traditions, usages as well as scientific and cultural achievements of the Republic of Lithuania; he shall also be concerned with supporting and strengthening the relations between Lithuanians residing in that state and Lithuania. Article 28 A consular officer may represent or arrange for an appropriate representation of citizens and legal persons of the Republic of Lithuania in the institutions of the state in which a consular post is situated with a view to taking prior action to protect their rights and interests when they are outside the territory of that state or when they are unable to take action on their own behalf due to circumstances which do not depend on them Such representation shall continue until those represented designate their authorised persons or take action to protect their rights and interests. Article 29 A consular representative shall execute the assignments given in respect of Lithuanian citizens by pre-trial investigation bodies, the prosecutor’s office or the courts of the Republic of Lithuania if this is not prohibited by the laws of the state in which the consular post is situated. The said assignments shall be executed in accordance with the procedure laws of the Republic of Lithuania, unless provided for otherwise in inter-state treaties on legal relations and assistance in civil, family and criminal proceedings. Article 30 A consular officer shall be concerned with the adoption of children who are Lithuanian citizens and who reside outside the territory of the Republic of Lithuania. Article 31 A consular officer shall be concerned with the appointment of guardianship and trusteeship for minor citizens of the Republic of Lithuania who are in his consular district and who have become parentless. A consular officer shall also be concerned with the appointment of trusteeship for full aged citizens of the Republic of Lithuania who are in his consular district and who are unable to independently realise their rights or execute their duties for health reasons. Article 32 Where a consular officer learns about a case of succession mortis causa for the benefit of Lithuanian citizens residing in the Republic of Lithuania, he must immediately forward to the Ministry of Foreign Affairs of the Republic of Lithuania the available information about the succession and possible successors. Article 33 A consular officer must protect the property of a deceased citizen of the Republic of Lithuania, which remains in the consular district. Where such property or part thereof is comprised of perishable goods or where the safekeeping of such property is very expensive, the consular officer shall have the right to sell it. The sum received shall be transferred to the legal successor after having deducted expenses for safekeeping. Article 34 A consular officer shall have the right to accept estate or succession and transfer it to successors. Article 35 A consular officer may accept cash, jewellery, securities and documents belonging to citizens of the Republic of Lithuania for safekeeping. Provisions of Article 33 of this Statute shall apply to the property of a deceased person handed over for safekeeping. Article 36 If Lithuanian citizens are arrested or detained on suspicion of committing a criminal act or if they are committed to prison or made subject to judicial or administrative sanctions, a consular officer shall exercise supervision of compliance with the laws of the state in which the consular post of the Republic of Lithuania is situated and with the treaties concluded by Lithuania with that state. At the request of persons interested, a consular officer shall visit the citizens of the Republic of Lithuania who are in prison and inquire after the conditions of their detention. A consular officer must take care that such conditions be in conformity with hygiene and sanitary requirements and that such persons be treated in conformity with human rights. Article 37 A consular officer shall have the right to extend assistance to vessels of the Republic of Lithuania which are in the internal and territorial waters of the state in which the consular post of the Republic of Lithuania is situated as well as to their captains and crews, inter alia: 1) to visit a vessel which has received a permit of free passage to the port, to question its captain or any member of the crew and to have access to the data concerning the vessel, its cargo and journey; 2) to inspect any incident which occurred during the voyage in so far as this may be authorised by the competent authorities of the state in which the consular post is situated; 3) to settle disputes between the captain and crew, including disputes over wages and employment contracts; 4) to receive the captain of the vessel or any member of its crew who has arrived to see the consular officer and, where necessary, to take measures in respect of their medical treatment; 5) to accept, examine, execute and stamp the vessel’s documents; 6) to resolve other issues related to vessels which they have been entrusted with the settlement of by the competent authorities of the Republic of Lithuania. Article 38 A consular officer must take action to provide assistance to a vessel of the Republic of Lithuania which has suffered an accident in the territorial waters of a state in which the consular post of the Republic of Lithuania is situated, its crew and passengers and to request assistance from the authorities of that state. A consular officer shall assist the crew and passengers of a wrecked or dysfunctional vessel to return to the Republic of Lithuania. Article 39 Where a vessel is acquired abroad, a consular officer shall issue a provisional certificate granting it the right to fly the flag of the State of Lithuania and a provisional ship owner’s certificate. Article 40 Where, according to the information available to a consular officer, the arrival of a vessel of the Republic of Lithuania into a port is unsafe, undesirable or impossible, the consular officer must give notification to the vessel’s captain. Article 41 The provisions of articles 37-40 of this Statute concerning the vessels of the Republic of Lithuania shall also apply to the aeroplanes of the Republic of Lithuania, provided that there is nothing contrary thereto in the provisions of bilateral treaties in force between the Republic of Lithuania and the state in which a consular post of the Republic of Lithuania is situated as well as in the provisions of multilateral treaties signed by both states. Article 42 A consular officer shall immediately notify the Ministry of Health and the Ministry of Foreign Affairs of the Republic of Lithuania about any case of quarantine illness, its nature, incidence of infection and anti-epidemic measures taken by local authorities. A consular officer shall inform foreign citizens who have been issued a permit to enter the Republic of Lithuania about the sanitary requirements for foreign citizens arriving in the Republic of Lithuania. Article 43 In case of a dangerous agricultural plant disease or pests or an outbreak of animal or bird disease in a consular district or where there exists a threat of the spread of human and animal diseases, a consular officer shall immediately notify the Ministry of Foreign Affairs of the Republic of Lithuania thereof. Article 44 A consular officer shall notify foreign citizens that it is required to present veterinary certificates when bringing in animals, raw materials and products to the Republic of Lithuania and shall acquaint them with the rules of bringing in seeds, plants, seedlings and saplings, fresh fruit and vegetables to the Republic of Lithuania. Article 45 A consular officer shall exercise the functions entrusted to him in his consular district. A consular officer may, with the consent of the state in which the consular post of the Republic of Lithuania is situated, exercise his functions outside the consular district. Article 46 A consular officer may represent a third state only after having received instructions from the Ministry of Foreign Affairs of the Republic of Lithuania and with the consent of the state in which the consular post of the Republic of Lithuania is situated. Article 47 A consular officer may address the institutions of the state in which the consular post of the Republic of Lithuania is situated, which are located in his consular district in respect of any question relating to the activities of the consular post. Article 48 The functions of a consular officer shall terminate on the grounds provided for in the Vienna Convention on Consular Relations of 1963 and also in the event of his death. Article 49 The Ministry of Foreign Affairs of the Republic of Lithuania shall notify the state in which the consular post of the Republic of Lithuania is situated about the final departure of consular officers whose functions have terminated. Article 50 A career consular officer may not engage for personal profit in any professional or commercial activity in the state in which a consular post of the Republic of Lithuania is situated. CHAPTER III NOTARIAL ACTS, CONSULAR LEGALISATION AND CONSULAR FEES Section I. Notarial Acts Article 51 A consular officer shall perform the following notarial acts: 1) certify transactions (contracts, wills and testaments, powers of attorney, etc.), except for contracts on the transfer or mortgage of real estate located in the Republic of Lithuania; 2) take measures to protect estate or succession; 3) issue certificates of testate succession; 4) issue certificates of the right of ownership to a part of spouses’ joint property; 5) attest the validity of document copies and extracts; 6) attest the authenticity of signature on documents; 7) attest that the translation of a document is true and accurate; 8) certify that a person is alive and resides in a particular place; 9) accept documents for safekeeping; 10) certify the time of the submission of documents; 11) accept cash and securities as deposits; 12) effect executive entries in compliance with the instruments of debt certified by consular offices; 13) accept maritime protests; 14) protest bills and cheques; 15) accept personal wills for safekeeping; 16) perform other notarial acts provided for by the law. Article 52 The procedure of performing notarial acts by a consular officer shall be established in the Law of the Republic of Lithuania on the Notary Office, this Statute, other laws and subordinate legislation of the Republic of Lithuania as well as international treaties. Article 53 Notarial acts shall be performed at the consular post of the Republic of Lithuania. In individual cases, notarial acts may be performed outside the premises of the consular post. Article 54 A consular officer must secure the confidentiality of notarial acts. Certificates in respect of the performed notarial acts as well as documents shall be issued in accordance with the Law of the Republic of Lithuania on the Notary Office. Article 55 Notarial acts shall be performed after the submission of all required documents, payment of consular fees and compensation of the actual expenses related to the performance of notarial acts. Notarial acts may be postponed where additional information or documents are required or where the documents must be sent for expertise as well as in other cases provided for the laws of the Republic of Lithuania. Article 56 Transactions shall be certified as well as applications and other documents shall be signed in the presence of a consular officer who performs notarial acts. Where a transaction, application or any other document is signed not in the presence of a consular officer, the signing person himself must certify the authenticity of his signature. A consular officer who performs notarial acts must explain to the citizens of the Republic of Lithuania their rights and duties as well as the meaning and consequences of the notarial acts to be performed. Article 57 A consular person may not perform notarial acts in the name and on behalf of himself, his spouse or relatives. Article 58 Notary record keeping at a consular post shall be conducted in the Lithuanian language. Where a person who requests to perform a notarial act does not know the Lithuanian language, the text of the documents to be executed by a consular officer may be translated by the consular officer or a translator for a relevant fee. Article 59 Where the performance of a notarial act contravenes the laws of the Republic of Lithuania, the consular officer must refuse to perform it. A consular officer shall not accept documents for performing notarial acts if such documents do not comply with the legal requirements of the Republic of Lithuania or if they contain information degrading to the honour and dignity of citizens. The consular officer shall inform the person who has been refused a notarial act, upon his request, about the reasons for such refusal and the procedure of appealing against it in writing. Article 60 A consular officer shall accept documents executed according to the legal requirements of a foreign state and effect certifying entries in the form provided for by the laws of the said state provided that there is nothing contrary thereto in the laws of the Republic of Lithuania. Section II. Consular Legalisation Article 61 Consular legalisation means that the signatures on documents and acts to be legalised are certified and attested as genuine and that such documents and acts are in compliance with the laws of the state in which a consular post of the Republic of Lithuania is situated. A consular officer shall legalise documents and acts executed or issued by the institutions of a state in which the consular district is located. Relevant institutions of the Republic of Lithuania shall accept such documents and acts for consideration only after their legalisation by a consular officer unless provided for otherwise by the laws of the Republic of Lithuania or the international treaties to which the Republic of Lithuania and the state in which the consular post of the Republic of Lithuania is situated are parties. The procedure of consular legalisation shall be set forth by the Ministry of Foreign Affairs of the Republic of Lithuania. Article 62 It shall be prohibited to legalise documents and acts which contravene the laws of the Republic of Lithuania or which may adversely affect the interests of the Republic of Lithuania or which contain information degrading to the honour and dignity of persons. Section III. Consular Fee Article 63 Consular fees shall be charged for the services provided abroad by the Consular Department of the Ministry of Foreign Affairs of the Republic of Lithuania, diplomatic missions and consular posts of the Republic of Lithuania as well as for the performance of notarial acts and the issue of documents having legal power. Consular fees shall be charged on the basis of treaties concluded by the Republic of Lithuania with other countries, this Statute, the Law on Consular Fees and the Law on the Notary Office of the Republic of Lithuania. Article 64 The procedure of charging consular fees and the tariffs shall be set forth by the Government of the Republic of Lithuania on the basis of the Law on Consular Fees of the Republic of Lithuania and this Statute. Article 65 The Consular fee shall be entered into the state budget of the Republic of Lithuania. Article 66 Discount consular fees shall be specified in the Law on Consular Fees of the Republic of Lithuania. CHAPTER IV PRIVILEGES AND IMMUNITIES RELATING TO CONSULAR POSTS AND MEMBERS OF CONSULAR POSTS Article 67 Consular posts, members of the consular post and members of their families shall enjoy the privileges and immunities provided for by the Vienna Convention on Consular Relations of 1963, the general provisions of international treaties between the Republic of Lithuania and the state in which the consular post of the Republic of Lithuania is situated and by the international law. CHAPTER V HONORARY CONSULS Article 68 The status of a honorary consul of the Republic of Lithuania, his functions, privileges and immunities shall be set out in the Vienna Convention on Consular Relations of 1963, international agreements to which the Republic of Lithuania and the state in which the consular post of the Republic of Lithuania is situated are parties, this Statute as well as other law and legal acts of the Republic of Lithuania. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS