Official translation REPUBLIC OF LITHUANIA LAW ON THE DIPLOMATIC SERVI

Official translation REPUBLIC OF LITHUANIA LAW ON THE DIPLOMATIC SERVICE 29 December 1998 No VIII-1012 Vilnius (As last amended on 19 July 2006 – No X-794) CHAPTER I GENERAL PROVISIONS Article

Purpose of the Law
This Law establishes the legal basis for the formation and functioning of the diplomatic service of the Republic of Lithuania, the legal status and social guarantees of diplomats and members of their families.
The legal basis of the Lithuanian diplomatic service comprises the Constitution of the Republic of Lithuania, the Law on Civil Service of the Republic of Lithuania (hereinafter referred to as the “Law on Civil Service”), this Law, the Consular Statute and other laws of the Republic of Lithuania, international treaties of the Republic of Lithuania, including the 1961 Vienna Convention on Diplomatic Relations, and other legal acts. The Law on Civil Service, laws governing labour relations and social guarantees as well as other legal acts shall apply to diplomats to the extent that this Law does not regulate their status and social guarantees.
(Repealed on 25 November 2004.)
(Repealed on 25 November 2004.) Article
Diplomatic Service of the Republic of Lithuania
The diplomatic service of the Republic of Lithuania shall form an integral part of the civil service, which implements and conducts, through the institutions of the Lithuanian diplomatic service, the foreign policy defined by the President of the Republic, the Seimas of the Republic of Lithuania (hereinafter referred to as the “Seimas”) and the Government of the Republic of Lithuania (hereinafter referred to as the “Government”).
The diplomatic service of the Republic of Lithuania shall be an integral service. It shall be comprised of diplomats working in the Ministry of Foreign Affairs, Lithuanian diplomatic missions situated in foreign states and accountable to the Ministry of Foreign Affairs, Lithuanian missions to international organisations, consular posts, special missions, the Office of the President of the Republic, the Office of the Seimas, the Government’s Office, ministries, other state institutions or agencies, negotiating groups and delegations.
The diplomatic service of the Republic of Lithuania shall be headed by the Minister of Foreign Affairs within the scope of competence defined by this Law and other legal acts. Article
Diplomat A diplomat shall be a citizen of the Republic of Lithuania having diplomatic rank. He shall be a statutory civil servant working under a diplomatic service contract or a fixed-term diplomatic service contract. CHAPTER II MINISTRY OF FOREIGN AFFAIRS Article
Competence of the Ministry of Foreign Affairs The scope of competence of the Ministry of Foreign Affairs shall be defined by this Law and other laws as well as by the regulations of the Ministry of Foreign Affairs approved by the Government. Article
(Repealed on 25 November 2004.) Article
Collegium of the Ministry of Foreign Affairs and Diplomats’ Performance Evaluation Commission
The Collegium of the Ministry of Foreign Affairs (hereinafter referred to as the “Collegium”) shall be an advisory institution to the Minister of Foreign Affairs. The Collegium shall be headed by the Minister of Foreign Affairs who shall approve its composition and rules of procedure. He shall also present the Collegium with issues for discussion. The Collegium shall be comprised of the Minister of Foreign Affairs, the Vice Minister of Foreign Affairs, the Ministry’s State Secretary, undersecretaries and department directors on the basis of the position they hold. The Minister of Foreign Affairs may appoint other diplomats to the Collegium. The Chairman of the Seimas Committee on Foreign Affairs or a person authorised by him as well as a person authorised by the president of the Republic shall be invited to the Collegium meetings.
The Diplomats’ Performance Evaluation Commission (hereinafter referred to as the “Evaluation Commission”) shall appraise the performance of diplomats in accordance with the procedure established by the Minister of Foreign Affairs, consider the candidatures of diplomats, consider whether diplomats are suited to the position assigned or held, decide on sending diplomats to study or attend extension courses abroad, discuss issues concerning the conferral of diplomatic ranks and submit recommendations on such matters to the Foreign Affairs Minister. The Minister of Foreign Affairs shall approve the regulations of the Evaluation Commission and appoint its chairperson and members. CHAPTER III DIPLOMATIC MISSION OF THE REPUBLIC OF LITHUANIA Article
Concept of a Diplomatic Mission of the Republic of Lithuania A diplomatic mission of the Republic of Lithuania is an institution of the Lithuanian diplomatic service operating on a permanent basis in a foreign state or at an international organisation (several international organisations) to maintain official interstate relations or official relations with an international organisation, implement foreign policy tasks of the Republic of Lithuania and protect the rights and lawful interests of the Republic of Lithuania, its citizens, enterprises and other legal entities. A diplomatic mission of the Republic of Lithuania shall be directly accountable to the Ministry of Foreign Affairs. Article
Establishment and Liquidation of a Diplomatic Mission of the Republic of Lithuania
A diplomatic mission of the Republic of Lithuania shall be established or liquidated by the Government, acting on a proposal from the Minister of Foreign Affairs and after having considered the issue at the Seimas Committee on Foreign Affairs. In the absence of specific agreement as to the number of the staff of the mission of the Republic of Lithuania with the state whereto the mission is accredited, its size and composition shall be determined by the Minister of Foreign Affairs. The size and composition of a mission of the Republic of Lithuania to an international organisation shall be determined by the Minister of Foreign Affairs.
Upon agreement, a foreign state may represent the interests of the Republic of Lithuania in other states if the states concerned give their consent. The decision concerning such representation shall be made by the Government, acting on a proposal from the Minister of Foreign Affairs and with the approval of the Seimas. Article
Functions of the Lithuanian Diplomatic Mission in a Foreign State
A diplomatic mission of the Republic of Lithuania in a foreign state whereto it is accredited shall perform the following functions: 1) represent the Republic of Lithuania and maintain official relations with the foreign state; 2) implement the tasks of the foreign policy of the Republic of Lithuania; 3) negotiate with the Government of the foreign state; 4) protect the rights and lawful interests of the Republic of Lithuania, its citizens, enterprises and other legal entities; 5) receive, collect and communicate by lawful means to the Ministry of Foreign Affairs information about the foreign state’s political and economic life and events; 6) promote friendly relations between the Republic of Lithuania and the said state and participate in developing economic, cultural and scientific cooperation; promote cooperation between the Republic of Lithuania and the said state to ensure security and peace; 7) disseminate information about the Republic of Lithuania, its political, social and economic situation, culture, traditions and usages.
The Minister of Foreign Affairs may assign a diplomatic mission of the Republic of Lithuania to perform consular and other functions in a foreign state in compliance with its status pursuant to the 1961 Vienna Convention on Diplomatic Relations and public international law. Article
Functions of the Lithuanian Mission to an International Organisation A mission of the Republic of Lithuania to an international organisation shall perform the following functions: 1) represent and protect the interests of the Republic of Lithuania at an international organisation; 2) implement the tasks of the foreign policy of the Republic of Lithuania; 3) maintain relations between the Republic of Lithuania and the international organisation; 4) negotiate with the international organisation; 5) receive, collect and communicate by lawful means to the Ministry of Foreign Affairs information about the activities of the international organisation; 6) ensure the participation of the interested institutions of the Republic of Lithuania in the activities of the international organisation; 7) disseminate information about the Republic of Lithuania, its political, social and economic situation, culture, traditions and usages; 8) contribute to the implementation of the tasks and objectives of the international organisation. Article
Head of a Diplomatic Mission of the Republic of Lithuania
A diplomatic mission of the Republic of Lithuania shall be headed by the diplomatic representative or chargé d’affaires ad interim of the Republic of Lithuania.
A diplomatic representative of the Republic of Lithuania may be accredited to more than one foreign state with the consent of those states.
The head of a diplomatic mission of the Republic of Lithuania may also be authorised to act as representative of the Republic of Lithuania to any international organisation. Article
Special Mission of the Republic of Lithuania
A special mission of the Republic of Lithuania, consisting of a person or a group of persons appointed by the Minister of Foreign Affairs or by the President of the Republic or the Government, acting on a proposal from the Minister of Foreign Affairs, shall deal with specific questions of interstate relations or perform specific tasks.
Diplomats and other persons may be appointed as members of a special mission.
Members of a special mission of the Republic of Lithuania shall enjoy the privileges and immunities provided for in the 1969 Convention on Special Missions. Article
Funding of Diplomatic Missions and Consular Posts of the Republic of Lithuania Diplomatic missions and consular posts of the Republic of Lithuania shall be funded from the Lithuanian state budget through the Ministry of Foreign Affairs. Article
Staff of a Diplomatic Mission and Consular Post of the Republic of Lithuania
The staff of a diplomatic mission and consular post of the Republic of Lithuania shall comprise: 1) diplomatic staff: diplomats, special attachés and their assistants, military representatives and their assistants, special counsellors and their assistants working at a diplomatic mission or consular post of the Republic of Lithuania; 2) administrative and technical staff: citizens of the Republic of Lithuania, who are not diplomats, employed in the administrative and technical service of a diplomatic mission or consular post of the Republic of Lithuania; 3) service staff: persons, who are not diplomats, employed in the domestic service of a diplomatic mission or consular post of the Republic of Lithuania.
The Ministry of Foreign Affairs or Lithuanian diplomatic missions in foreign states, missions of the Republic of Lithuania to international organisations, Lithuanian consular posts or special missions, if authorised by the Ministry of Foreign Affairs, shall conclude fixed-term labour contracts with the employees of a diplomatic mission or consular post of the Republic of Lithuania who are not civil servants or servicemen.
The appointment and activities of special attachés, including defence attachés of the Republic of Lithuania, shall be governed by the regulations for special attachés as approved by the Government.
Special counsellors shall be civil servants temporarily transferred to a mission of the Republic of Lithuania at an international organisation who contribute to the implementation of the foreign policy of the Republic of Lithuania in the field of multilateral relations. The Government shall establish the procedure of appointing special counsellors in specific fields as well as the specificities and conditions of their work abroad. Article
Privileges and Immunities Relating to Members of the Staff of the Lithuanian Diplomatic Mission in a Foreign State and Members of Their Families
Members of the staff of a Lithuanian diplomatic mission in a foreign state, together with their family members accredited in the said state, shall enjoy the privileges and immunities specified in the 1961 Vienna Convention on Diplomatic Relations and agreements between the Republic of Lithuania and the state in which the diplomatic mission of the Republic of Lithuania is situated.
The Government, having regard of specific circumstances, may unilaterally and expressly waive for a specific period of time immunity from jurisdiction of the state in which the diplomatic mission of the Republic of Lithuania is situated or accord, by agreement with the said state, greater immunities and privileges than those specified in the 1961 Vienna Convention on Diplomatic Relations. Article
Privileges and Immunities Relating to Members of the Staff of the Lithuanian Mission to an International Organisation and Members Their Families
Members of the staff of a Lithuanian mission to an international organisation, together with members of their families, shall enjoy the privileges and immunities accorded to them by public international law, special international agreements on relevant issues and the laws of the state in which they reside.
In certain cases, the Government, having regard of specific circumstances, may waive the privileges and immunities of the persons specified in paragraph 1 of this Article. Article
Privileges and Immunities Relating to Members of the Staff of a Consular Post and Members of Their Families
Members of the staff of a consular post, together with members of their families accredited in the state of residence, shall enjoy the privileges and immunities specified in the 1961 Vienna Convention on Consular Relations and agreements between the Republic of Lithuania and the state in which the consular post is situated.
The Government, having regard of specific circumstances, may unilaterally and expressly waive for a specific period of time immunity from jurisdiction of the state in which the diplomatic post is situated or accord, by agreement with the said state, greater immunities and privileges than those specified in the 1961 Vienna Convention on Diplomatic Relations. CHAPTER IV RECRUITMENT TO THE DIPLOMATIC SERVICE OF THE REPUBLIC OF LITHUANIA Article
Requirements for Persons Recruited to the Diplomatic Service of the Republic of Lithuania
Persons, except for those specified in paragraphs 2, 3 and 4 of Article 23 of this Law and diplomatic representatives of the Republic of Lithuania, shall be recruited to the diplomatic service of the Republic of Lithuania through competition. Competition regulations shall be approved by the Minister of Foreign Affairs.
Only a person of good repute and of sufficiently good health, holding the citizenship of the Republic of Lithuania, proficient in at least two foreign languages, having an authorisation to work with or gain access to classified information, who meets all of the general requirements for recruitment to the civil service prescribed by the Law on Civil Service may be recruited as diplomat.
No person convicted of a serious or grave crime, or a criminal act against the civil service and public interest or any act comprising elements of corruptive nature may work in the diplomatic service of the Republic of Lithuania. Article
Probationary Period
A fixed-term contract on employment in the Ministry of Foreign Affairs shall be concluded for a one-year period with a person who meets the conditions specified in paragraph 2 of Article 18 of this Law and who has passed a competition. During the one-year probationary period, a final evaluation shall be made in respect of his ability to perform the duties pertaining to the diplomatic service of the Republic of Lithuania.
The duration of probationary period may be reduced to 3 months by the Minister of Foreign Affairs.
One month at the latest before the expiry of the probationary period, the Minister of Foreign Affairs, taking into account the recommendations of the Evaluation Commission, shall decide on the recruitment of the said person to the diplomatic service of the Republic of Lithuania and the conferral of diplomatic rank to him or give written notification about the refusal to recruit him to the diplomatic service of the Republic of Lithuania.
After a person has been recruited to the diplomatic service of the Republic of Lithuania or has been refused such recruitment, the fixed-term contract on employment in the Ministry of Foreign Affairs referred to in paragraph 1 of this Article shall be terminated in accordance to paragraph 1 of Article 126 of the Labour Code of the Republic of Lithuania. Article
Commencement of Employment in the Diplomatic Service of the Republic of Lithuania
A person shall become a diplomat and commence employment in the diplomatic service of the Republic of Lithuania where: 1) he is accorded the first diplomatic rank, after the expiry of the probationary period, in accordance with the procedure laid down in Article 42 and paragraph 1 of Article 43 of this Law; and 2) he has taken the oath of office in accordance with the procedure laid down in Article 21 of this Law; and 3) he concludes a diplomatic service contract in accordance with the procedure laid down in Article 22 of this Law.
A person shall become a diplomat and commence temporary employment in the diplomatic service of the Republic of Lithuania where: 1) he is accorded a diplomatic rank in accordance with the procedure laid down in Article 42 and paragraph 3 of Article 43 of this Law; and 2) he has taken the oath of office in accordance with the procedure laid down in Article 21 of this Law; and 3) he concludes a fixed-term diplomatic service contract in accordance with the procedure laid down in Article 23 of this Law. Article
Oath of Office
A person accorded his first diplomatic rank shall take an oath of allegiance to the Republic of Lithuania. He/she shall have the right to choose one of the following texts of oath: 1) “I, (full name), Swear to faithfully serve the Republic of Lithuania, respect and act in compliance with its Constitution and laws, perform diplomatic duties in good faith, and protect state and official secrets. So help me God.” 2) “I, (full name), Swear to faithfully serve the Republic of Lithuania, respect and act in compliance with its Constitution and laws, perform diplomatic duties in good faith, and protect state and official secrets.”
(Repealed on 8 December 2005.)
Then oath shall be taken at a meeting of the Collegium of the Ministry of Foreign Affairs. The oath shall be administered by the Minister of Foreign Affairs. The person who has taken the oath shall place his signature under text of the oath. Article
Diplomatic Service Contract A diplomatic service contract shall be concluded with a person recruited to the diplomatic service of the Republic of Lithuania. A diplomatic service contract shall be a written agreement between a citizen of the Republic of Lithuania and the Ministry of Foreign Affairs (Appendix 1) whereby the citizen undertakes to perform the diplomatic duties specified in the contract, comply with the diplomatic service rules as laid down in this Law and other laws as well as in the legal acts of the Ministry of Foreign Affairs, while the Ministry of Foreign Affairs undertakes to pay remuneration to the diplomat as established in this Law and other legal acts and ensure adequate conditions for diplomatic service. Article
Fixed-Term Diplomatic Service Contract
A fixed-term diplomatic service contract shall be a written agreement between a citizen of the Republic of Lithuania and the Ministry of Foreign Affairs (Appendix 2) whereby the citizen undertakes to temporarily perform the duties specified in the contract and comply with the requirements laid down in this Law, other laws and legal acts, while the Ministry of Foreign Affairs undertakes to pay remuneration as established in this Law and other legal acts, except for remuneration to persons specified in paragraph 3 of this Article.
A fixed-term contract shall be concluded with a person appointed by the President of the Republic as diplomatic representative of the Republic of Lithuania in the event that he has not concluded, before his appointment, a diplomatic service contract with the Ministry of Foreign Affairs, also with a person appointed by the Minister of Foreign Affairs as Vice Minister of Foreign Affairs and with a person appointed by the Minister of Foreign Affairs as chargé d’affaires ad interim of the Republic of Lithuania at a Lithuanian diplomatic mission, as head of a consular post or as minister counsellor in the event that such a person has not concluded, before his appointment, a diplomatic service contract with the Ministry of Foreign Affairs.
In the event that the President of the Republic of Lithuania, the Chairman of the Seimas or Prime Minister proposes to recruit a person engaged in foreign relations activity in the Office of the President of the Republic, the Office of the Seimas or the Government’s Office, a fixed-term diplomatic service contract shall be concluded with the said person. Remuneration to such a person shall be paid, in accordance with the established procedure, by the institution in which he is engaged in foreign relations activity. The duration of a fixed-term diplomatic service contract concluded with the person specified in this paragraph shall be defined by the duration of his employment in the office where he was proposed for the diplomatic service of the Republic of Lithuania.
By the decision of the Minister of Foreign Affairs a fixed-term diplomatic service contract may be concluded with a person recruited to the diplomatic service of the Republic of Lithuania, who is assigned with performance of the functions related to the implementation of the requirements of the Schengen acquis. A fixed-term diplomatic service contract shall be concluded with the person referred to in this paragraph for a term of one year.
A person who concludes a fixed-term diplomatic service contract shall be subject, as of the day of concluding the contract, to the provisions which are mandatory in respect of diplomats as specified in this Law, except for the rules of rotation and other specific features which are mandatory only in respect of diplomats working under a diplomatic service contract.
After the expiry of a fixed-term diplomatic service contract concluded with a person specified in paragraphs 2 and 3 of this Article, the Minister of Foreign Affairs, taking into account the recommendations of the Evaluation Commission and at the request of the said person, may conclude a diplomatic service contract with him in accordance with the procedure laid down in this Law and appoint him to a position according to his diplomatic rank. CHAPTER V LEGAL STATUS OF DIPLOMATS AND MEMBERS OF THEIR FAMILIES Article
Employment under Diplomatic Service Contract
The principle of rotation shall apply to the diplomatic service: a person recruited to the diplomatic service of the Republic of Lithuania shall, as a rule, work in the Ministry of Foreign Affairs for 3 years (including probationary period); subsequently, a diplomat is usually appointed by an order of the Minister of Foreign Affairs to a diplomatic mission or consular post of the Republic of Lithuania for a period of 3 years, from where he shall return to serve in the Ministry of Foreign Affairs on the basis of an order of the Minister of Foreign Affairs (or appointed to a diplomatic mission or consular post of the Republic of Lithuania in another foreign state) usually for a period of three years until the next appointment. The rotation rule shall not apply to diplomatic representatives of the Republic of Lithuania.
The Minister of Foreign Affairs may, by his order, appoint a diplomat recruited to the diplomatic service of the Republic of Lithuania to a diplomatic mission or consular post of the Republic of Lithuania even though he has not served in the Ministry of Foreign Affairs for the term specified in paragraph 1 of this Article, or appoint any diplomat to a diplomatic mission or consular post of the Republic of Lithuania or recall him from such a diplomatic mission or consular post to the Ministry of Foreign Affairs (or appoint him to a diplomatic mission or consular post in another foreign state) before or after the expiry of a 3 year period.
A diplomat, where he does not object, may be temporarily transferred from the Ministry of Foreign Affairs to the Office of the President of the Republic, the Office of the Seimas, the Government’s Office, any ministry, other state institution or agency by an order of the Minister of Foreign Affairs. Such a transfer shall not terminate the diplomatic service contract and he shall retain his diplomatic rank. In this case, a bonus for diplomatic rank shall be paid from the budget of the Ministry of Foreign Affairs. Article
Appointment of a Diplomat who has Completed His Term of Service at a Diplomatic Mission or Consular Post of the Republic of Lithuania to the Ministry of Foreign Affairs
A diplomat who has completed his term of service at a diplomatic mission or consular post of the Republic of Lithuania as specified in Article 24 of this Law shall be appointed, with his consent, to a position at the Ministry of Foreign Affairs which according to the salary scale is not lower than the position held by him before his appointment to a diplomatic mission or consular service of the Republic of Lithuania if the Minister of Foreign Affairs, acting on the proposal from the Evaluation Commission, does not decide otherwise. In this case, the diplomat has the right to request in writing within a period of 10 days to be notified of the reasons behind such a decision.
From the day of the diplomat’s return from a diplomatic mission or consular post of the Republic of Lithuania to the day of his appointment to the Ministry of Foreign Affairs or a diplomatic mission or consular post of the Republic of Lithuania in another foreign state, he shall be paid, for a period not exceeding 1 month, a basic salary equal to the salary paid to him before the day he was recalled as well as a bonus for diplomatic rank.
A diplomat’s appointment to a diplomatic mission or consular post of the Republic of Lithuania or his return to service in the Ministry of Foreign Affairs shall be executed by an order of the Minister of Foreign Affairs. Any amendments to the contract shall be recorded in the diplomatic service contract. Article
Employment under Fixed-Term Diplomatic Service Contract
A fixed-term diplomatic service contract shall specify the position to be held by the diplomat; it shall also indicate that the contract terminates when the diplomat is recalled in accordance with the procedure laid down in this Law or upon its expiry.
The Minister of Foreign Affairs shall have the right to terminate, on the grounds specified in Article 58 of this Law, the fixed-term diplomatic service contract and recall the diplomat appointed to a diplomatic mission or consular post of the Republic of Lithuania. A fixed-term diplomatic service contract concluded with a diplomatic representative of the Republic of Lithuania shall be terminated if the President of the Republic issues a decree to recall the diplomatic representative of the Republic of Lithuania.
After the expiry of the fixed-term diplomatic service contract, a diplomat may, irrespective of his diplomatic rank and the position held, apply to the Minister of Foreign Affairs to have a diplomatic service contract concluded with him in accordance with the procedure laid down in this Law. He shall also have the right to be reinstated within 3 months after the expiry of the fixed-term diplomatic service contract in the position held by him in a state or municipal institution or agency or any other institution or organisation financed from the state budget or municipal budgets before the fixed-term diplomatic service contract was concluded. In the event that no such possibility exists, a diplomat shall have the right within the term specified in this paragraph to be appointed to another position, which according to the salary scale is not lower than the position held by him earlier, in the same state or municipal institution or agency or any other institution or organisation financed from the state budget or municipal budgets in which he was employed before concluding the fixed-term diplomatic service contract.
Where, upon the expiry of a fixed-term diplomatic service contract, the President of the Republic again appoints a person as diplomatic representative of the Republic of Lithuania or the Minister of Foreign Affairs again appoints him as chargé d’affaires ad interim of the Republic of Lithuania at a Lithuanian diplomatic mission, head of a consular post or minister counsellor, a new fixed-term diplomatic service contract shall be signed with the said person. Article
Members of Family
Members of the family of a diplomat working at a diplomatic mission or consular post of the Republic of Lithuania shall include his or her spouse, under age children (adopted children) if they are not emancipated in accordance to the procedure prescribed by laws or married, or full aged children under 20 years of age forming part of his household, if they are not married or have not completed secondary education, or dependants (irrespective of their age) living together with the diplomat. The following persons shall be considered as dependants: persons living together with the diplomat and incapable of working due to their age or disability who were maintained by the diplomat before his appointment to a diplomatic mission or consular post of the Republic of Lithuania, persons who became incapable of working after the diplomat was appointed to the diplomatic mission or consular post of the Republic of Lithuania, full aged children living together with the diplomat, who became incapable of working due to disability, and parents incapable of working due to their age or disability.
Members of the family of a special attaché or his assistant, military representative or his assistant, special counsellor or his assistant working at a diplomatic mission or consular post of the Republic of Lithuania shall be treated as members of the family of a diplomat as defined in paragraph 1 of this Article. Article
Guarantees for Spouses of Diplomats Appointed to Another State under the Rotation System
A spouse living abroad together with a diplomat working at a diplomatic mission or consular post of the Republic of Lithuania shall have the right to be reinstated, within 3 months after the diplomat’s recall from the diplomatic mission or consular post of the Republic of Lithuania, in the position held by him/her in a state or municipal institution or agency or any other institution or organisation financed from the state budget or municipal budgets before departure together with the diplomat to the diplomatic mission or consular post. In the event that no such possibility exists, the spouse of a diplomat shall have the right within the term specified in this paragraph to be appointed to another position, which according to the salary scale is not lower than the position held by him/her before departure together with the diplomat, in the same state or municipal institution or agency or any other institution or organisation financed from the state budget or municipal budgets in which he/she was employed before departure together with the diplomat.
The period spent by a spouse living abroad together with a diplomat working at a diplomatic mission or consular post of the Republic of Lithuania shall be included into the spouse’s period of service covered by the state social insurance, provided that the contributions fixed under the state social insurance scheme of the Republic of Lithuania have been paid for the said period.
The spouse living abroad together with a diplomat working at diplomatic mission or consular post of the Republic of Lithuania shall have the right to be employed in the foreign state concerned, on condition that this is provided for in the international agreements of the Republic of Lithuania or allowed by the laws of the said state. The spouse of a diplomat shall inform the Minister of Foreign Affairs about his/her employment. Article
Prohibition on Other Employment and Striking
A diplomat shall be prohibited to engage in any activity which is incompatible with performing the duties of a civil servant.
A diplomat shall also be prohibited: 1) to strike; 2) to use office hours and opportunities for purposes other than those related to the service. CHAPTER VI DIPLOMATIC REPRESENTATIVE OF THE REPUBLIC OF LITHUANIA Article
Diplomatic Representative of the Republic of Lithuania
A diplomatic representative of the Republic of Lithuania shall be the person officially representing the Republic of Lithuania in a foreign state or international organisation.
A diplomatic representative of the Republic of Lithuania may reside in a foreign state or in the Republic of Lithuania. Article
Appointment of a Diplomatic Representative of the Republic of Lithuania
The President of the Republic, acting on a proposal from the Government, shall appoint a diplomatic representative of the Republic of Lithuania to a foreign state, only after his candidature has been considered by the Seimas Committee on Foreign Affairs and after an agrement of the foreign state concerned has been given, by a decree countersigned by the Prime Minister.
The President of the Republic, acting on a proposal from the Government, shall appoint a diplomatic representative of the Republic of Lithuania to an international organisation, only after his candidature has been considered by the Seimas Committee on Foreign Affairs, by a decree countersigned by the Prime Minister.
A diplomatic representative of the Republic of Lithuania may only be a diplomat having the diplomatic rank of ambassador extraordinary and plenipotentiary of the Republic of Lithuania or envoy extraordinary and minister plenipotentiary of the Republic of Lithuania.
Information about the process of appointing a diplomatic representative of the Republic of Lithuania shall be exchanged in compliance with the Law on State and Official Secrets of the Republic of Lithuania. The procedure of requesting an agrement for a diplomatic representative of the Republic of Lithuania to a foreign state shall be established by the Minister of Foreign Affairs. Article
Term of Appointment of a Diplomatic Representative of the Republic of Lithuania
A diplomatic representative of the Republic of Lithuania shall be appointed for an indefinite term. Where, pursuant to the provisions of Article 23 of this Law, a fixed-term diplomatic service contract is concluded with a person to be appointed as diplomatic representative of the Republic of Lithuania, the contract shall be terminated where the President of the Republic issues a decree on recalling the diplomatic representative. Where a diplomatic service contract has been concluded with a person to be appointed as diplomatic representative of the Republic of Lithuania, a new contract shall not be concluded and no additional entries shall be recorded therein.
Where a diplomatic representative of the Republic of Lithuania has served for more than 3 years, the Government may propose that the President of the Republic recall him. By way of exception, the Government may propose that the President of the Republic recall a diplomatic representative of the Republic of Lithuania earlier than 3 years after his appointment. Article
Taking Up of Functions by a Diplomatic Representative of the Republic of Lithuania A diplomatic representative of the Republic of Lithuania shall take up his functions in a foreign state either when he has presented his credentials to the head of state whereto he is appointed or any other official authorised by the head of state or when he has notified his arrival and a true copy of his credentials has been presented to the Minister of Foreign Affairs of the state whereto he is appointed or the head of an institution performing the functions of a ministry for foreign affairs or any other official authorised by him in accordance with the practice prevailing in the said state. Article
Taking Up of Functions by a Diplomatic Representative of the Republic of Lithuania to an International Organisation A diplomatic representative of the Republic of Lithuania to an international organisation shall take up his functions when he has presented his credentials to the head of the international organisation or in accordance with any other procedure established in the international organisation. Article
End of Functions of a Diplomatic Representative of the Republic of Lithuania
The functions of a diplomatic representative of the Republic of Lithuania shall come to an end in the following cases: 1) he is recalled in accordance with the procedure laid down in paragraph 1 of Article 36 of this Law; 2) he resigns; 3) he loses Lithuanian citizenship; 4) in case of his death; 5) in other cases provided for by the international law.
The functions of a diplomatic representative of the Republic of Lithuania shall be suspended where he is temporarily recalled in accordance with the procedure laid down in paragraph 3 of Article 36 of this Law. Article
Recalling a Diplomatic Representative of the Republic of Lithuania
The President of the Republic, acting on a proposal from the Government, shall recall a diplomatic representative of the Republic of Lithuania by a decree countersigned by the Prime Minister. The foreign state or international organisation where the Republic of Lithuania was represented by its diplomatic representative shall be notified about his recall in accordance with the procedure established in the foreign state or international organisation concerned.
The recall of a diplomatic representative of the Republic of Lithuania with whom a diplomatic service contract has been concluded shall be treated as his return to service in the Ministry of Foreign Affairs and in this case the provisions of Article 25 of this Law shall be complied with. Where a diplomatic representative of the Republic of Lithuania with whom a fixed-term diplomatic service contract has been concluded is recalled, the provisions of Article 26 of this Law shall be complied with.
In extraordinary circumstances, the Minister of Foreign Affairs may order a diplomatic representative of the Republic of Lithuania to temporarily perform other functions in the Ministry of Foreign Affairs. The temporary assignment shall not terminate the diplomatic service contract or fixed-term diplomatic service contract concluded with the diplomatic representative of the Republic of Lithuania and he shall continue to receive remuneration. The Minister of Foreign Affairs by his order shall cancel the temporary assignment for a diplomatic representative of the Republic of Lithuania to perform other functions. CHAPTER VII CHARGÉ D’AFFAIRES AD INTERIM OF THE REPUBLIC OF LITHUANIA Article
Appointment of a Chargé d’Affaires Ad Interim of the Republic of Lithuania Where there is no diplomatic representative of the Republic of Lithuania appointed to a Lithuanian diplomatic mission in accordance with the procedure laid down in Article 31 of this Law to head the mission, the Minister of Foreign Affairs shall appoint a chargé d’affaires ad interim of the Republic of Lithuania to a foreign state or international organisation. A chargé d’affaires ad interim shall also be appointed in the event that the representative of the Republic of Lithuania is temporarily unable to perform his functions. In this case, the diplomatic representative of the Republic of Lithuania may appoint a chargé d’affaires ad interim for a period not exceeding 1 month; where such a period is longer, the chargé d’affaires ad interim shall be appointed by the Minister of Foreign Affairs of the Republic of Lithuania or a person authorised by the Minister of Foreign Affairs. Article
Functions of a Chargé d’Affaires Ad Interim of the Republic of Lithuania A chargé d’affaires ad interim shall represent the Republic of Lithuania in a foreign state or international organisation and shall act in the capacity of the head of a diplomatic mission of the Republic of Lithuania. Acting in the capacity of the head of a diplomatic mission of the Republic of Lithuania, a chargé d’affaires ad interim shall have the same rights and duties as the diplomatic representative of the Republic of Lithuania. Article
Taking Up of Functions by a Chargé d’Affaires Ad Interim of the Republic of Lithuania
A chargé d’affaires ad interim of the Republic of Lithuania shall take up his functions in a foreign state when he has presented his credentials to the Minister of Foreign Affairs of the state whereto he is appointed or in accordance with the practice prevailing in the said state. Where a chargé d’affaires ad interim of the Republic of Lithuania is appointed in the event that the diplomatic representative is temporarily unable to perform his duties, he shall take up his functions on the day of notification to the Ministry of Foreign Affairs of the state whereto he is appointed or on any other day specified in the notification.
A chargé d’affaires ad interim of the Republic of Lithuania to an international organisation shall take up his duties in accordance with the procedure laid down in Article 34 of this Law. Where a chargé d’affaires ad interim of the Republic of Lithuania is appointed in the event that the diplomatic representative to an international organisation is temporarily unable to perform his duties, he shall take up his functions on the day of notification to the international organisation about his appointment or on any other day specified in the notification. Article
End of Functions of a Chargé d’Affaires Ad Interim of the Republic of Lithuania
The functions of a chargé d’affaires ad interim of the Republic of Lithuania shall come to an end in the following cases: a diplomatic representative of the Republic of Lithuania is appointed to the state in which he was accredited, he is recalled by the Minister of Foreign Affairs, his term of appointment expires, he resigns, he loses Lithuanian citizenship, in case of his death or in other cases provided by the international law. Where a chargé d’affaires ad interim of the Republic of Lithuania has been appointed by a diplomatic representative of the Republic of Lithuania, the functions of the chargé d’affaires ad interim shall also come to an end when the diplomatic representative resumes his duties.
The state or international organisation where the Republic of Lithuania was represented by its chargé d’affaires ad interim shall be notified about his recall and about the resuming of duties by the diplomatic representative of the Republic of Lithuania in accordance with the procedure established in the said foreign state or international organisation. CHAPTER VIII DIPLOMATIC RANKS Article
Diplomatic Ranks The following are diplomatic ranks of the Republic of Lithuania: 1) Ambassador Extraordinary and Plenipotentiary of the Republic of Lithuania; 2) Envoy Extraordinary and Minister Plenipotentiary of the Republic of Lithuania; 3) Minister Counsellor; 4) Counsellor; 5) First Secretary; 6) Second Secretary; 7) Third Secretary; 8) Attaché. Article
Conferral of Diplomatic Ranks
The President of the Republic, acting on the proposal from the Minister of Foreign Affairs, shall confer the rank of ambassador extraordinary and plenipotentiary of the Republic of Lithuania or envoy extraordinary and minister plenipotentiary of the Republic of Lithuania by a decree countersigned by the Minister of Foreign Affairs. These diplomatic ranks shall be conferred for life.
The Minister of Foreign Affairs shall confer the ranks of minister counsellor, counsellor, first secretary, second secretary, third secretary and attaché by his order.
The Evaluation Commission shall make recommendations to the Minister of Foreign Affairs on conferring the diplomatic ranks of minister counsellor, counsellor, first secretary, second secretary, third secretary and attaché as well as on his proposal to confer the rank of ambassador extraordinary and plenipotentiary of the Republic of Lithuania or envoy extraordinary and minister plenipotentiary of the Republic of Lithuania. Article
Precedence of Conferring Diplomatic Ranks Paragraph 1 (version before 1 January 2006):
The first diplomatic rank shall be conferred on a person who has successfully completed the probationary period. A higher diplomatic rank shall be conferred, as a rule, after a period of 3 years. Paragraph 1 (version after 1 January 2006):
The first diplomatic rank shall be conferred on a person who has successfully completed the probationary period. A higher diplomatic rank shall be conferred, as a rule, after a period of 4 years where no disciplinary penalties have been imposed on the diplomat.
Diplomatic ranks may be conferred for particularly initiative, responsible or successful work before the expiry of the term specified in paragraph 1 of this Article.
A person appointed as a diplomatic representative of the Republic of Lithuania or a person who concludes a fixed-term diplomatic service contract shall be accorded a diplomatic rank irrespective of paragraphs 1 and 2 of this Article. Such persons shall be accorded a diplomatic rank on the proposal of the Evaluation Commission, taking into account the position held, their competence and experience in the field of foreign relations. Article
Diplomatic Rank upon Leaving the Diplomatic Service of the Republic of Lithuania
A person shall retain the diplomatic rank of minister counsellor, counsellor, first secretary, second secretary, third secretary or attaché for life after retiring from the diplomatic service of the Republic of Lithuania.
A person who before leaving the diplomatic service of the Republic of Lithuania held a diplomatic rank, except for the diplomatic rank of ambassador extraordinary and plenipotentiary of the Republic of Lithuania or envoy extraordinary and minister plenipotentiary of Republic of Lithuania, may have the diplomatic rank restored, provided that he returns to the diplomatic service of the Republic of Lithuania within a period of five years and provided that he was not dismissed from the diplomatic service of the Republic of Lithuania on grounds indicated in paragraph 1 and subparagraphs 1,6 and 7 of paragraph 2 of Article 58 of this Law.
A person (except for persons having the diplomatic rank of ambassador extraordinary and plenipotentiary of the Republic of Lithuania or envoy extraordinary and minister plenipotentiary of Republic of Lithuania) who served under a fixed-term diplomatic service contract shall lose his diplomatic rank when the contract expires and may not refer to the provisions of paragraph 2 of this Article. Article
Withdrawal of Diplomatic Ranks The President of the Republic, acting on the proposal from the Minister of Foreign Affairs, or the Minister of Foreign Affairs, acting on the proposal from the Evaluation Commission, may withdraw a diplomatic rank for non-compliance with the oath of office. CHAPTER IX DIPLOMATIC PASSPORT Article
Purpose of Diplomatic Passport The diplomatic passport of the Republic of Lithuania (hereinafter referred to as the “diplomatic passport”) means an identity document issued by the Ministry of Foreign Affairs certifying Lithuanian citizenship of its holder and the holder’s status of a diplomat or that the holder is entitled to use the diplomatic passport pursuant to Article 47 of this Law. Article
Persons who are Issued Diplomatic Passports
The Ministry of Foreign Affairs shall issue diplomatic passport to the following persons: 1) President of the Republic; 2) members of the Seimas; 3) members of the Government; 4) President of the Constitutional Court; 5) President of the Supreme Court of Lithuania; 6) Prosecutor General of the Republic of Lithuania; 7) signatories to the 11 March 1990 Restoration of Independence Act; 8) highest hierarchy members of state-recognised, traditional Lithuanian churches and religious organisations (cardinals and bishops of the Roman Catholic Church of Lithuania, clergymen of other confessions of equivalent rank); 9) diplomats; 10) persons appointed by the President of the Republic, Government of Minister of Foreign Affairs as members of a special mission to a foreign country; 11) staff diplomatic couriers; 12) special attachés, special assistant attachés; 13) military representative and his assistants; 14) special counsellors and their assistants; 15) citizens of the Republic of Lithuania elected to the European Parliament.
Diplomatic passports shall be issued to the spouse and children of the President of the Republic, the spouse of the Chairman of the Seimas, the spouse of the Prime Minister, the spouse of the Minister of Foreign Affairs, and spouses of Lithuanian citizens elected to the European Parliament. Diplomatic passports shall also be issued to spouses of members of the Seimas and the spouse of the head of a special mission of the Republic of Lithuania where this is warranted by the specific nature of their professional assignment or mission.
Diplomatic passports may be issued at the request of diplomats, special attachés or their assistants, military representatives or their assistants, special counsellors or their assistants working at diplomatic missions or consular posts of the Republic of Lithuania to members of their families living together with them, who are specified in Article 27 of this Article. Diplomatic passports may be issued at the request of diplomats, special attachés or their assistants, military representatives or their assistants, special counsellors or their assistants to members of their families who do not live together with them abroad for the purpose of travelling to such diplomats, special attachés or their assistants, military representatives or their assistants, special counsellors or their assistants.
Presidents of the Republic, after their term in office, former chairpersons of the Seimas, prime ministers, ministers of foreign affairs, where the chairperson’s mandate of member of the Seimas has not been withdrawn through impeachment and where the prime minister and minister of foreign affairs were not dismissed through impeachment, as well as persons having diplomatic ranks conferred by the President of the Republic, where their diplomatic service contracts or fixed-term diplomatic service contracts are terminated for reasons specified in subparagraph 5 of paragraph 1 or subparagraph 2 of paragraph 2 of Article 58 of this Law or where they are dismissed from the civil service for reasons specified in subparagraphs 6 or 13 of paragraph 1 of Article 44 of the Law on Civil Service, shall have the right to retain diplomatic passports. Article
Diplomatic Passport Entries
Any entry in a diplomatic passport must be in compliance with the requirements of Article 4 of the Passport Law of the Republic of Lithuania.
A diplomatic passport shall also contain: 1) the position and diplomatic rank (if held) of the passport holder if the diplomatic passport is issued in accordance with paragraph 1 of Article 47 of this Law; 2) kinship relationship with the person in respect of whose position a diplomatic passport is issued if it is issued in accordance with paragraphs 2 or 3 of Article 47 of this Law; 3) the fact that the person is President of the Republic, after his term in office, former Prime Minister, former Minister of Foreign Affairs or person having a diplomatic rank conferred by the President of the Republic if the diplomatic passport is issued in accordance with paragraph 4 of Article
All of the entries specified in paragraph 2 of this Article shall be made in Lithuanian followed by an English translation. All entries in the diplomatic passport shall be made by the Ministry of Foreign Affairs. Article
Approval of a Diplomatic Passport Sample and Issue of Passports
A diplomatic passport sample shall be approved by the Government of the Republic of Lithuania.
A diplomatic passport of the Republic of Lithuania shall be issued free of charge. Article
Return of Diplomatic Passports
The following persons must return their diplomatic passports to the Ministry of Foreign Affairs within 7 days: 1) persons who have completed performing their duties referred to in Article 47, except for those specified in paragraph 4 of Article 47 of this Law who have the right to retain their diplomatic passports; 2) members of a special mission, after having completed their task and upon their return to the Republic of Lithuania; 3) the spouse of the head of a special mission, who has been issued a diplomatic passport pursuant to Article 47 of this Law, upon return to the Republic of Lithuania from a foreign state where he/she was together with the head of a special mission on a task; 4) the spouse of member of the Seimas, who has been issued a diplomatic passport pursuant to Article 47 of this Law, upon return to the Republic of Lithuania from a foreign state where he/she was together with member of the Seimas on an official assignment; 5) members of the families of diplomats, special attachés or their assistants, military representatives or their assistants, special counsellors or their assistants as specified in Article 27 of this Law when diplomats, special attachés or their assistants, military representatives or their assistants, special counsellors or their assistants return to the Republic of Lithuania after having completed their work at a diplomatic mission, consular post or the diplomatic service of the Republic of Lithuania as well as members of the families of diplomats, special attachés or their assistants, military representatives or their assistants, special counsellors or their assistants in the event that a diplomatic passport has been issued to them at the request of a diplomat, special attaché or his assistant, military representative or his assistant, special counsellor or his assistant for the purpose of travelling to such diplomats, special attachés or their assistants, military representatives or their assistants, special counsellors or their assistants; 6) the spouses of persons specified in paragraph 1 of Article 47 of this Law, who have been issued diplomatic passports pursuant to Article 47 of this Law, in the event that their marriage is dissolved; 7) the spouses, children and other family members of persons specified in paragraphs 1 and 4 of Article 47 of this Law, who are issued diplomatic passports pursuant to paragraphs 2 and 3 of Article 47 of this Law in case of death of the said persons.
In the event that the persons indicated in paragraph 1 of this Article do not return their passports within the specified period, such passports shall be declared not valid by an order of the Minister of Foreign Affairs. New diplomatic passports shall not be issued to the said persons for a period of 1 year after the deadline for the return of the diplomatic passport. CHAPTER X INCENTIVES AND PENALTIES, SOCIAL GUARANTEES FOR DIPLOMATS AND MEMBERS OF THEIR FAMILIES Article
Incentives
For good performance of diplomatic duties, for initiative and distinction in the diplomatic service of the Republic of Lithuania, a diplomat may be given the following incentives: 1) note of acknowledgement; 2) payment of a lump sum in accordance with the procedure established by the Government; 3) valuable gift; 4) conferral of higher diplomatic rank ahead of term; 5) medal for achievement in the diplomatic service of the Republic of Lithuania. 6) other departmental awards.
Incentives shall be given by an order of the Minister of Foreign Affairs.
Diplomats may be recommended, in accordance with the established procedure, for state awards for their outstanding service to the Republic of Lithuania or long and conscientious work in the diplomatic service of the Republic of Lithuania. Article
Awards by Foreign States
A diplomat must notify the Ministry of Foreign Affairs about any award received from a foreign state.
The procedure of accepting, declaring and safekeeping valuable gifts shall be laid down in the Law on the Adjustment of Public and Private Interests in the Civil Service. Article
Disciplinary Penalties
The following disciplinary penalties may be imposed on diplomats for misconduct in office: 1) note of warning; 2) reprimand; 3) severe reprimand; 4) demotion in diplomatic rank conferred by the Minister of Foreign Affairs; 5) termination of a diplomatic service contract or a fixed-term diplomatic service contract.
Disciplinary penalties shall be imposed by the Minister of Foreign Affairs in accordance with the procedure laid down in the Law on Civil Service and other legal acts. Article
Bonus for Diplomatic Rank A diplomat shall be paid, in addition to the basic salary for diplomatic service, a bonus for diplomatic rank calculated according to the coefficient indicated in Appendix
The value of the coefficient unit in respect of the bonus for diplomatic service shall be equal in litas to the fixed amount used for calculation of a basic salary. Article
Reimbursement of Expenses Related to Working Abroad A diplomat working at a diplomatic mission or consular post of the Republic of Lithuania shall be paid, in accordance with the procedure established by the Government, reimbursement for the expenses related to his work abroad and subject to the diplomatic duties performed in the amount calculated according to the coefficient indicated in Appendix 4 and the local coefficient of living standard fixed by the Government. The value of the coefficient unit in respect of reimbursement for expenses related to working abroad shall be equal in litas to the fixed amount used for calculation of a basic salary. Article
Reimbursement for Maintenance Costs of Family Members
Where a spouse lives together with a diplomat working at a diplomatic mission or consular post of the Republic of Lithuania, the diplomat shall be paid, in addition to the basic salary, an allowance equal to 0.5 of the monthly reimbursement for expenses related to his work abroad. No such reimbursement shall be paid in respect of a spouse receiving income related to labour relations.
Where under age children (adopted children) of a diplomat and (or) his spouse live together with the diplomat working at a diplomatic mission or consular post of the Republic of Lithuania, if they are not emancipated in accordance to the procedure prescribed by laws or married, the diplomat shall be paid, in addition to the basic salary, an allowance equal to 0.2 of the monthly reimbursement for expenses related to his work abroad in the event that the child is under 6 years of age or equal to 0.3 of such monthly reimbursement in the event that the child is 6 years of age and older.
Where children live together with a diplomat working at a diplomatic mission or consular post of the Republic of Lithuania, the diplomat shall be paid reimbursement, which is not in excess of the rate established by the Government, for expenses related to their pre-school education.
Where children who attend school live together with a diplomat working at a diplomatic mission or consular post of the Republic of Lithuania, the diplomat shall be paid reimbursement, which is not in excess of the rate established by the Government, for expenses related to their education until they complete secondary education, but not longer than until they reach the age of
Where dependants specified in Article 27 of this Law live together with a diplomat working at a diplomatic mission or consular post of the Republic of Lithuania, the diplomat shall be paid, in addition to the basic salary, reimbursement for every dependant which is equal to 0.25 of the monthly reimbursement for expenses related to his work abroad. Article
Maintenance of Diplomats and Reimbursement of Expenses 1.A diplomat working at a diplomatic mission or consular post of the Republic of Lithuania shall be provided with an apartment corresponding to his diplomatic rank, position and the number of family members; he shall also be reimbursed for resettlement expenses related to his transfer and the transfer of members of his family from the Republic of Lithuania to a foreign state or from a foreign state to the Republic of Lithuania (or another foreign state) as well as for travel expenses incurred by himself and members of his family when travelling to the Republic of Lithuania and back to the state of their residence. Once a calendar year, a diplomat working in a foreign state and members of his family shall be reimbursed for travel expenses to the Republic of Lithuania and back, while members of his family who do not live together with the diplomat shall be reimbursed for travel expenses to the diplomat and back to the Republic of Lithuania.
The procedure of providing an apartment and reimbursing for resettlement and travel expenses shall be established by the Government.
A diplomat assigned to a diplomatic mission or consular post of the Republic of Lithuania or assigned back to the Ministry of Foreign Affairs shall be granted a leave of up to 5 working days for resettlement. For this period a diplomat shall be paid his monthly average salary calculated in accordance with the procedure established by the Government. Article
Termination of Diplomatic Service Contract and Fixed-Term Diplomatic Service Contract
A diplomatic service contract and a fixed-term diplomatic service contract shall be terminated if: 1) a diplomat loses the citizenship of the Republic of Lithuania; 2) a diplomat discloses state secrets; 3) it emerges that, when entering the diplomatic service, he submitted falsified documents, concealed or presented false data which made him not eligible for the diplomatic service; 4) a court sentence imposing a penalty upon him for committing a serious or grave crime or a crime against the civil service or the public interest, or a criminal act of corruptive nature, or a penalty for committing an intentional crime, or a penalty barring him from performing his duties comes into effect; 5) a diplomat reaches the age specified in paragraph 68 of this Law and is not allowed to continue his work in accordance with the procedure laid down in paragraph 2 of Article 68; 6) a disciplinary penalty – termination of a diplomatic service contract or a fixed-term diplomatic service contract – is imposed; 7) a diplomat is deprived of the right to work or gain access to classified information.
A diplomatic service contract and a fixed-term diplomatic service contract may be terminated if: 1) a diplomat has committed a serious breach of service discipline or was negligent in the performance of his duties where a disciplinary penalty was imposed on him at least once over the past 12 months; 2) a diplomat is absent from work due to temporary incapacity for more than 120 calendar days in succession or more than 140 days over the past twelve months, unless the laws provide that in the case of certain illnesses the position shall be retained for a longer period. Where a diplomat becomes unfit for work due to an occupational injury or occupational disease, his position shall be retained until he regains his capacity to work or until his disability is confirmed; 3) it emerges that a diplomat cannot perform adequately the duties assigned to him due to health failure; 4) it emerges that a diplomat cannot perform adequately the duties assigned to him due to insufficient qualifications; 5) a diplomat is drunk or intoxicated with drugs or toxic substances during office (work) hours; 6) a diplomat whose duties are related with the record keeping, reception, delivery or transportation of material valuables loses confidence through his own fault; 7) a diplomat fails to declare his assets and income in accordance with the procedure prescribed by laws; 8) a diplomat breaches the provisions of Article 29 of this Law; 9) the Evaluation Commission evaluated the performance of a diplomat as unsatisfactory for two consecutive times and has recommended dismissal; 10) a diplomat dismissed from mandatory initial military service or alternative national defence service does not return to the office held in the diplomatic service for over 2 months; 11) a diplomat is restored by a court decision to the position previously held by him where no possibility exists to transfer the diplomat currently performing the said duties to another position or it emerges that the requirements set out in this Law were violated when recruiting a diplomat to the diplomatic service and the violations cannot be eliminated.
A diplomatic service contract may be terminated where the diplomat does not comply with the conditions of diplomatic rotation referred to in Article 24 of this Law, i.e. refuses to obey an order of the Minister of Foreign Affairs regarding his appointment to a diplomatic mission or consular post of the Republic of Lithuania or his return to service in the Ministry of Foreign Affairs.
A diplomatic service contract or a fixed-term diplomatic service contract may not be terminated due to temporary incapacity for work, business trip, extension courses or rest leave, except for the reasons specified in paragraph 1 of this Article. Where a contract is terminated in breach of this provision, the next day after the end of temporary incapacity for work, business trip, extension courses or rest leave shall be considered to be the day of the termination of contract.
Any party to a diplomatic service contract or a fixed-term diplomatic service contract (except for the diplomatic representative of the Republic of Lithuania) may submit a written proposal to the other party to terminate the contract by mutual agreement. Where the other party does not object to the proposal, it shall notify its consent within 5 calendar days to the party which has submitted the proposal to terminate the contract. The parties shall also agree on the date and conditions of the termination of contract (reimbursements, granting of unused leave, etc.). Where the other party does not give notification within the fixed time limit about its consent to terminate the contract, it shall be deemed that the proposal to terminate the contract by mutual agreement has been rejected.
A diplomat (except for a diplomatic representative of the Republic of Lithuania) shall have the right to terminate a diplomatic service contract or a fixed-term diplomatic service contract after notifying the Ministry of Foreign Affairs thereof at least 30 calendar days in advance. After the time limit of notification expires, the diplomat shall have the right to terminate his employment, while the Ministry of Foreign Affairs must execute the termination of contract. Where the termination of contract is requested because of a diplomat’s sickness or disability that prevent him from performing his duties adequately, the contract must be terminated as of the date indicated in the request.
A diplomat shall have the right to withdraw the request to terminate the contract not later than within 3 days after its submission. Later on, he may withdraw his request only with the consent of the Minister of Foreign Affairs.
A diplomatic service contract and a fixed-term diplomatic service contract shall be terminated by an order of the Minister of Foreign Affairs.
A fixed-term diplomatic service contract concluded with a diplomatic representative of the Republic of Lithuania shall be terminated in the event that the diplomatic representative resigns. The resignation of a diplomatic representative of the Republic of Lithuania with whom a diplomatic service contract has been concluded shall not terminate the contract. In this case, the provisions of Article 25 of this Law shall apply. Article
Reimbursement upon Termination of Diplomatic Service Contract or Fixed-Term Diplomatic Service Contract Where a diplomatic service contract is terminated in accordance with paragraph 3 of Article 58 of this Law or where a diplomatic service contract or a fixed-term diplomatic service contract is terminated in accordance with paragraphs 2 and 3 of paragraph 2 of Article 58 of this Law, the diplomat shall be paid reimbursement. The amount of reimbursement shall be calculated by multiplying the basic salary by the number of full years in the diplomatic service of the Republic of Lithuania and by the coefficient 0.5, which may not exceed
Article
Termination of Diplomatic Service Contract or Fixed-Term Diplomatic Service Contract Pursuant to Paragraph 2 of Article 58 of this Law
Where a diplomatic service contract or a fixed-term diplomatic service contract is terminated in accordance with subparagraphs 2 and 3 of paragraph 2 of Article 58 of this Law, the diplomat shall be notified in writing thereof 2 months before the termination of contract. Diplomats entitled to a full old age pension in not more than five years, disabled diplomats and diplomats raising a child (children) under 14 years of age shall be notified in writing about the termination of contract 4 months in advance.
A notification shall become invalid where more than one month passes after the expiry of its time limit, excluding the duration of an employee’s temporary incapacity or leave.
Where a diplomatic service or a fixed-term diplomatic service contract is terminated before the expiry of the time limit of the notification, the day of the termination of contract shall be transferred to the date when the time limit of the notification should have expired. Article
Restrictions on Termination of Diplomatic Service Contract or Fixed-Term Diplomatic Service Contract with Pregnant Women and Diplomats Raising a Child (Children) under 3 Years of Age A diplomatic service contract or a fixed-term diplomatic service contract with a pregnant woman and a diplomat raising a child (children) under 3 years of age, except for a diplomatic representative of the Republic of Lithuania, may not be terminated pursuant to paragraph 2 of Article 58 of this Law. Article
Diplomat’s Right to Request Notification of Reasons for the Termination of Diplomatic Service Contract or Fixed-Term Diplomatic Service Contract
A diplomat shall have the right to request in writing not later than within 10 days of termination of the diplomatic service contract or fixed-term diplomatic service contract to be notified of the reasons for the termination of contract.
The Ministry of Foreign Affairs shall notify in writing not later than within 5 days of receipt of the request about the reasons for terminating the diplomatic service contract or fixed-term diplomatic service contract and specify the grounds for dismissal from the diplomatic service of the Republic of Lithuania.
Repealed on 25 November
Article
Payment of Sums Due to a Diplomat whose Diplomatic Service Contract or Fixed-Term Diplomatic Service Contract has been Terminated
The Ministry of Foreign Affairs must pay in full the sums due to a diplomat whose diplomatic service contract or fixed-term diplomatic service contract is terminated on the day of the termination of contract, except for the reimbursement referred to in Article 59 of this Law. The said reimbursement shall be paid out in equal instalments within a period of 3 months from the date of termination of the contract by making once per month payments.
Where the payment of the sums due is delayed through the fault of the Ministry of Foreign Affairs, the diplomat shall be paid a sum in the amount of his monthly average salary for the period delayed. Article
Repealed on 25 November
Article
Settlement of Disputes Any dispute over the termination of a diplomatic service contract or a fixed-term diplomatic service contract shall be examined in accordance with the procedure laid down in this Law and other laws of the Republic of Lithuania. Article
Health and Life Insurance for Diplomats and Members of Their Families
Diplomats shall be covered by life insurance from state funds in accordance with the procedure established by the laws of the Republic of Lithuania.
A diplomat working at a diplomatic mission or consular post of the Republic of Lithuania and members of his family specified in Article 27 of this Law shall be covered by health insurance in accordance with the procedure established by the Government from the state budget allocations for the Ministry of Foreign Affairs. In states where there exists no possibility to be covered by health insurance, all expenses related to the health care of a diplomat working at a diplomatic mission or consular post of the Republic of Lithuania and members of his family specified in Article 27 of this Law shall be paid in accordance with the procedure established by the Government from the state budget allocations for the Ministry of Foreign Affairs. Article
Repealed on 25 November
Article
Age Limitation
A person working as diplomat may be not more than 62 years and 6 months of age.
The President of the Republic may by way of exception allow persons over 62 years and 6 months of age work as diplomatic representatives of the Republic of Lithuania for a stipulated period of time. The Minister of Foreign Affairs may by way of exception allow other diplomats who have reached the age specified in paragraph 1 of this Article remain in the diplomatic service for a stipulated period of time. Article 69 (version before 1 January 2006): Article
Regulation of Social and Health Insurance for Diplomats and State Social Insurance Pensions for Their Spouses
Social and health insurance for diplomats as well as state social insurance pensions for their spouses shall be regulated by this Law, the Law on State Social Insurance, the Law on Health Insurance, the Law on State Social Insurance Pensions and other legal acts.
Contributions under the state social insurance pension scheme in respect of a diplomat’s spouse shall be paid from the Lithuanian state budget for the period he/she spent living abroad together with the diplomat working at a diplomatic mission or consular post of the Republic of Lithuania. The amount of contributions shall be calculated on the basis of 0.5 of the basic salary of the diplomat. This provision shall not apply where the spouse of the diplomat is employed or where he/she has reached retirement age. Article 69 (version after 1 January 2006): Article
Regulation of Social and Health Insurance for Diplomats as well as State Social Insurance Pensions and Unemployment Social Insurance for Their Spouses
Social and health insurance for diplomats as well as state social insurance pensions and unemployment social insirance for their spouses shall be regulated by this Law, the Law on State Social Insurance, the Law on Health Insurance, the Law on State Social Insurance Pensions, the Law on Unemployment Social Insurance and other legal acts.
Contributions under the state social insurance pension scheme and contributions under the unemployment social insurance scheme in respect of a diplomat’s spouse shall be paid from the Lithuanian state budget for the period he/she spent living abroad together with the diplomat working at a diplomatic mission or consular post of the Republic of Lithuania. The amount of contributions shall be calculated on the basis of 0.5 of the basic salary of the diplomat. This provision shall not apply where the spouse of the diplomat has reached retirement age or where he/she receives income incidental to employment relations. Article
Compensation in the Event of Death or Injury. Transportation of Remains
Where a diplomat dies or is injured for reasons related to the performance of his duties, the following compensations shall be paid from the Lithuanian state budget: 1) to the family of the deceased person, an amount equal to 2.5 years of salary calculated according to the last received salary; 2) to an injured person, an amount equal to 1 - 2.5 years of his salary, taking into account the extent of injury. The amount of such compensation and procedure of its payment shall be established by the Government.
A diplomat who died for reasons related to the performance of his duties shall be buried at the expense of the State.
Expenses related to the transportation to Lithuania of the remains of a diplomat who died abroad shall be covered by the State in accordance with the procedure prescribed by legal acts. CHAPTER XI FINAL PROVISIONS Article
Laws Repealed upon Entry into Force of this Law The following laws shall be repealed when this Law enters into force: 1) Law on Diplomatic Ranks of the Republic of Lithuania (Valstybės Žinios (Official Gazette) No 30-722, 1990); 2) Law on the Diplomatic Passport of the Republic of Lithuania (Valstybės Žinios (Official Gazette) No 27-738, 1991); 3) Law on the Status of Diplomatic Missions of the Republic of Lithuania (Valstybės Žinios (Official Gazette) No 29-790, 1991); 4) Appendix 5 to the Law on the Framework for Remuneration of Heads of State and Government, Members of Seimas, Employees of State and Municipal Institutions and Agencies. Article
Implementation of the Law The procedure and conditions of implementing this Law shall be established by the Law on the Implementation of the Law on the Diplomatic Service. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS APPENDIX 1 to the Law of the Republic of Lithuania No VIII-1012 of 29 December 1998 DIPLOMATIC SERVICE CONTRACT No ______ ________________(date) Ministry of Foreign Affairs________________________________________________ ________________________________________________________________________ (address) Minister of Foreign Affairs or person authorised by him (hereinafter referred to as the “employer”)______________________________________________________________ ________________________________________________________________________ (full name, if authorised person - indicate position) and citizen of the Republic Lithuania appointed to the diplomatic service of the Republic of Lithuania (hereinafter referred to as the “diplomat”) _______________________________________________________ (full name) ________________________________________________________________________ (passport data: date of birth, personal code, state social insurance certificate series and number) ________________________________________________________________________ (place of residence) have concluded this diplomatic service contract:
The employer hereby undertakes, in accordance with the procedure laid down in the Law on the Diplomatic Service of the Republic of Lithuania, to appoint the diplomat to the assigned position and pay the remuneration stipulated in this Law and other legal acts.
The diplomat hereby undertakes to perform the diplomatic duties stipulated in the Law on the Diplomatic Service, other laws and legal acts of the Republic of Lithuania.
Other obligations of the employer which are non-mandatory under legal acts but do not contravene such legal acts __________________________________________________ __________________________________________________________________________ (additional guarantees, reimbursements, etc.)
Obligations of the diplomat which are non-mandatory under legal acts but do not contravene such legal acts ______________________________________________________ ___________________________________________________________________________
This diplomatic service contract comes into force on ___________________ (date)
The diplomat shall commence employment on ________________________ (date)
Disputes arising from this diplomatic service contract shall be settled in accordance with the procedure prescribed by the laws of the Republic of Lithuania.
This diplomatic service contract may be terminated on the grounds stipulated in the Law on the Diplomatic Service of the Republic of Lithuania.
The diplomatic service contract shall be executed in two copies, one of which shall be kept in the Ministry of Foreign Affairs and the other shall be handed to the diplomat. Signatures of parties to the diplomatic service contract: Employer Diplomat ___________________________ __________________________ (full name) (signature) (full name) (signature) L.S. Diplomatic service contract terminated on _______________________________________ ________________________________________________________________________ (indicate date and grounds for termination) Signatures of parties to the diplomatic service contract: Employer Diplomat _________________________ _________________________ (Full name) (Signature) (Full name) (Signature) L.S. Position of the diplomat: ________________________________________________________________________ (indicate order number, position title and division) ________________________________________________________________________ APPENDIX 2 to the Law of the Republic of Lithuania No VIII-1012 of 29 December 1998 FIXED-TERM DIPLOMATIC SERVICE CONTRACT No ________ ___________________(date) Ministry of Foreign Affairs ________________________________________________ _______________________________________________________________________ (address) Minister of Foreign Affairs or person authorised by him (hereinafter referred to as the “employer”) ______________________________________________________________ ________________________________________________________________________ (full name, if authorised person - indicate position) and Lithuanian citizen appointed to the diplomatic service of the Republic of Lithuania (hereinafter referred to as the “diplomat”) ________________________________________________________________________ (full name) ________________________________________________________________________ (passport data: date of birth, personal code, state social insurance certificate series and number) ________________________________________________________________________ (place of residence) have concluded this fixed-term diplomatic service contract:
________________________________________________________________ (full name of person appointed to the diplomatic service for a fixed term) is hereby appointed to the diplomatic service of the Republic of Lithuania
______________________________________________________________ (indicate division)
______________________________________________________________ (indicate position title)
The employer hereby undertakes to pay the remuneration stipulated in this Law and other legal acts to the diplomat (except if recruited to the diplomatic service of the Republic of Lithuania in accordance with the procedure laid down in paragraph 2 of Article 23 of the Law on the Diplomatic Service of the Republic of Lithuania).
Obligations of the employer which are non-mandatory under legal acts but do not contravene such legal acts______________________________________________________ ___________________________________________________________________________ (additional guarantees, reimbursements, etc.)
Obligations of the diplomat which are non-mandatory under legal acts but do not contravene such legal acts ______________________________________________________ ___________________________________________________________________________
This fixed-term diplomatic service contract comes into force on ____________________(date)
The diplomat shall commence employment on ________________________ (date)
Disputes arising from this fixed-term diplomatic service contract shall be settled in accordance with the procedure prescribed by the laws of the Republic of Lithuania.
This fixed-term diplomatic service contract may be terminated on the grounds stipulated in the Law on the Diplomatic Service of the Republic of Lithuania.
The fixed-term diplomatic service contract shall be executed in two copies, one of which shall be kept in the Ministry of Foreign Affairs and the other shall be handed to the diplomat. Signatures of parties to the fixed-term diplomatic service contract: Employer Diplomat _________________________ _________________________ (full name) (signature) (full name) (signature) L.S. Fixed-term diplomatic service contract amended _____________________________ _______________________________________________________________________ (indicate clauses amended and date of amendment) Signatures of parties to the fixed-term diplomatic service contract: Employer Diplomat _________________________ _________________________ (full name) (signature) (full name) (signature) L.S. Fixed-term diplomatic service contract terminated on _____________________________ ________________________________________________________________________ (indicate date and grounds for termination) Signatures of parties to the fixed-term diplomatic service contract: Employer Diplomat _________________________ _________________________ (full name) (signature) (full name) (signature) L.S. APPENDIX 3 to the Law of the Republic of Lithuania No VIII-1012 of 29 December 1998 Appendix 3 was repealed on 25 November 2004 APPENDIX 4 to the Law of the Republic of Lithuania No VIII-1012 of 29 December 1998 REIMBURSEMENT OF EXPENSES RELATED TO WORKING ABROAD Position Coefficient Ambassador 14.0 Envoy Extraordinary and Minister Plenipotentiary 12.5 Minister Counsellor 11.5 Counsellor 10.5 First Secretary 9.0 Second Secretary 7.5 Third Secretary 6.5 Attaché 5.5 Consul General 11.5 Consul 9.0 Vice Consul 7.5 The value of the coefficient unit (1.00) is equal to the fixed amount used for calculation of a basic salary. APPENDIX 5 to the Law of the Republic of Lithuania No VIII-1012 of 29 December 1998 BONUS FOR DIPLOMATIC RANK Diplomatic rank Coefficient Ambassador Extraordinary and Plenipotentiary of the Republic of Lithuania 4.3 Envoy Extraordinary and Minister Plenipotentiary of the Republic of Lithuania 4.0 Minister Counsellor 3.7 Counsellor 3.3 First Secretary 2.8 Second Secretary 2.4 Third Secretary 2.1 Attaché 1.8 The value of the coefficient unit (1.00) is equal to the fixed amount used for calculation of a basic salary.

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