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LIETUVOS RESPUBLIKOS

LIETUVOS RESPUBLIKOS OFFICIAL TRANSLATION REPUBLIC OF LITHUANIA LAW ON

, THE EMBLEM AND DESIGNATION OF THE RED CROSS, RED CRESCENT AND RED CRYSTAL 10 October 2000 No VIII-1978 (As last amended on 18 January 2008 – No X-1434) Vilnius CHAPTER I GENERAL PROVISIONS Article 1. Purpose of the Law This Law shall establish the status, functions and financing of

, also the use and legal protection of the emblem and designation of the Red Cross, Red Crescent and Red Crystal. Article 2. Lithuanian Red Cross Society 1.

shall be an assistant of the State in the field of humanitarian activities performing the tasks provided for by the 1949 Geneva Conventions for the protection of war victims and their Additional Protocols, also the Statutes of the International Red Cross and Red Crescent Movement. 2.

shall continue the activities of the interwar Lithuanian Red Cross Society which was established on 12 January 1919 and joined in 1923 the International Federation of Red Cross and Red Crescent Societies. This provision may not be a basis for resolving the issues of restoration of ownership rights to the property owned by

and recovery of the property. Article 3. Emblem and Designation of the Red Cross, Red Crescent and Red Crystal The legal protection specified in this Law shall apply to: 1) the emblem of the Red Cross, which is a red cross on a white ground; 2) the emblem of the Red Crescent, which is a red crescent on a white ground; 3) the emblem of the Red Crystal, which is a red frame in the shape of a square on edge on a white ground and which is referred to in the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III) as the third Protocol emblem; 4) the designation “Red Cross”; 5) the designation “Red Crescent”; 6) the designation “Red Crystal”, which is used to refer to the third Protocol emblem according to Resolution 1 of the 29th International Conference of the Red Cross and Red Crescent. CHAPTER II LITHUANIAN RED CROSS SOCIETY SECTION ONE STATUS AND BASIS FOR ACTIVITIES OF

Article 4

. Status of

1.

shall be a humanitarian association participating as a national society in the International Red Cross and Red Crescent Movement, which comprises the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies, and national Red Cross and Red Crescent Societies. 2.

shall be a legal person. 3.

shall be a non-profit organisation established for other than profit-making purposes. Article 5. Legal Grounds for the Activities of

1.

shall act in compliance with the Constitution of the Republic of Lithuania, this Law and other laws, international treaties of the Republic of Lithuania, other legal acts, the Statutes of the International Red Cross and Red Crescent Movement and shall base its activities on the Statutes of

registered in accordance with the procedure laid down by laws. 2. Membership of the Lithuanian Red Cross, formation of the management bodies and sphere of competence thereof, structural divisions, procedure for reporting of the management bodies and heads to the supreme management body and controlling of their activities, procedure for controlling the use of funds and income shall be specified in the Statutes of

. 3.

shall be subject to the Law on Associations unless this Law specifies otherwise. Article 6. Principles of Activities of

1.

shall, in its humanitarian activities and relations with state and municipal institutions, act in compliance with the following fundamental principals of the International Red Cross and Red Crescent Movement: humanity, impartiality, neutrality, independence, voluntary service, unity, universality. 2. In relations with state and municipal institutions,

shall remain independent, which shall allow it to act in all cases in accordance with the principles indicated in paragraph 1 of this Article. SECTION TWO GOAL AND FUNCTIONS OF

Article 7

. Goal of

The main goal of

shall be to protect people against suffering and to alleviate it as well as to assist the State in the field of humanitarian activities. To this end, the society and state institutions may implement joint programmes. Article 8. Functions of

1. The main functions of

shall be as follows: 1) in time of armed conflicts and in peacetime, to act in line with the 1949 Geneva Conventions for the protection of war victims and their Additional Protocols with a view to providing assistance to war victims; 2) to provide social and moral assistance to all groups of the persons requiring social support; 3) in accordance with the procedure laid down by legal acts, to teach the population how to render first medical aid; 4) to assist Lithuanian state institutions in providing assistance to victims of emergencies; 5) ) to search for the relatives of Lithuanian residents abroad and for the relatives of aliens in Lithuania who were reported missing during the Second World War and the post-war period, in time of armed conflicts and natural disasters, to mediate in visiting graves of the next-of-kin who perished during the Second World War abroad and in Lithuania; 6) to defend the rights of the aliens seeking asylum in the Republic of Lithuania and to provide them with social assistance; 7) to disseminate information about the activities of

, to promote the fundamental principles of the International Red Cross and Red Crescent Movement and to disseminate information about international humanitarian law; 8) to co-operate with Lithuanian state institutions in the field of protection of the emblem and designation of the Red Cross, Red Crescent and Red Crystal as well as implementation of international humanitarian law; 9) to involve and train young people to independently work in the main fields of activities of

; 10) to participate in programmes of humanitarian assistance to Lithuania implemented by governments of foreign countries, national Red Cross and Red Crescent Societies and international organisations of the Red Cross and Red Crescent Movement; when necessary, to organise and provide humanitarian assistance to foreign countries; 11) in accordance with the procedure laid down by legal acts, to provide charity and support; 12) in the event of an emergency and/or disaster, to involve volunteers, residents and other organisations which could provide first medical aid, psychological, social or another assistance. 2.

may also perform other functions which are not in contradiction with laws of the Republic of Lithuania, the Statutes of the Society as well as the fundamental principles of the International Red Cross and Red Crescent Movement. SECTION THREE PROPERTY AND INCOME OF

Article 9

. Property of

may hold by the right of ownership the immovable and movable property required for implementation of its goals and tasks.

shall manage, use and dispose of the property belonging to it by the right of ownership according to laws of the Republic of Lithuania. Article 10. Sources of Income of

1. Sources of income of

shall be as follows: 1) membership fees; 2) the funds and property presented (donated) by natural and legal persons of the Republic of Lithuania; 3) the funds and property presented (donated) by foreign states, natural and legal persons of foreign states, international organisations; 4) the inherited property; 5) income for the rented property and the funds held with credit institutions; 6) the funds received from the State and municipal budgets for implementation of targeted health care, social and other programmes of

; 7) other legally obtained funds.

  1. The use of the funds indicated in subparagraph 6 of paragraph 1 of this Article must be accounted for at the request of the institution which has allocated them by submitting the documents confirming the use thereof. Article
  2. Use of Income The income of

as a non-profit organisation shall be used: 1) to help the persons in need of social support; 2) to pay remuneration to employees of the society; 3) to implement programmes of the society; 4) for the publishing activities of the society; 5) for other activities not in contradiction with laws of the Republic of Lithuania, the Statutes of the Society as well as the principles of the International Red Cross and Red Crescent Movement. Article 12. Publishing and Economic Activities of

shall have the right to establish, in accordance with the procedure laid down by laws of the Republic of Lithuania, the media, charity funds and other organisations, engage in the publishing and other activities required for performance of the functions of the society as provided for in this Law and other legal acts. CHAPTER III EMBLEM AND DESIGNATION OF THE RED CROSS, RED CRESCENT AND RED CRYSTAL SECTION ONE GENERAL PROVISIONS Article

  1. Use of the Emblem and the Designation The emblem and the designation of the Red Cross, Red Crescent and Red Crystal shall be used in the Republic of Lithuania under the conditions and in accordance with the procedure laid down by the 1949 Geneva Conventions for the protection of war victims and their Additional Protocols, this Law and other laws. Article
  2. Functions of the Emblem
  3. In compliance with the 1949 Geneva Conventions for the protection of war victims and their Additional Protocols, the following twofold use of the emblem of the Red Cross, Red Crescent or Red Crystal shall be identified: 1) the use of the emblem as a protection sign; 2) the use of the emblem as an identification sign.
  4. In time of armed conflict, the emblem shall be used as a protection sign for the marking of medical personnel, medical units (elements) and medical transports.
  5. The emblem shall be used as an identification sign in order to indicate a person’s or an object’s link with the International Red Cross and Red Crescent Movement. SECTION TWO USE OF THE EMBLEM AS A PROTECTION SIGN Article
  6. Use of the Emblem by the Military Medical Service of the Lithuanian Armed Forces and Military Chaplains
  7. Both in peacetime and in time of armed conflict, the emblem of the Red Cross shall be the distinctive sign of the Military Medical Service of the Lithuanian Armed Forces.
  8. The Military Medical Service of the Lithuanian Armed Forces shall mark by the emblem of the Red Cross the medical personnel, medical units (elements) and medical transports assigned to ground, naval and air forces.
  9. The personnel of the Military Medical Service of the Lithuanian Armed Forces must bear on a waterproof armband with the emblem of the Red Cross and an identity card with the emblem. These bands and identity cards shall be issued by a person authorised by the Minister of National Defence. The identity card shall be worded in the Lithuanian and English languages.
  10. Military chaplains of the Lithuanian Armed Forces shall be provided with the same protection and identification signs as to the personnel of the Military Medical Service of the Lithuanian Armed Forces indicated in paragraph 3 of this Article.
  11. The Military Medical Service and military chaplains of the Lithuanian Armed Forces may, without discontinuing the use of the emblem of the Red Cross, use temporarily any another distinctive emblem indicated in Article 3 of this Law when it may reinforce protection. Article
  12. Use of the Emblem by Civilian Medical Services and Civilian Religious Personnel
  13. In time of armed conflict and subject to permission and under the control of the Minister of Health or a person authorised by him, civilian medical personnel, civilian hospitals, medical units and medical transports, also the medical personnel, units and transports of

intended for the carrying and treatment of the wounded, the sick, victims and the shipwrecked at sea shall be marked by the emblem of the Red Cross.

  1. In time of armed conflict, civilian medical personnel must wear a waterproof armband with the emblem and bear an identity card with the emblem. These armbands and identity cards shall be issued by the Ministry of Health of the Republic of Lithuania. The identity card shall be worded in the Lithuanian and English languages.
  2. In time of armed conflict, civilian religious personnel shall be provided with the same protection and identification signs as the medical personnel indicated in paragraph 2 of this Article. 4.

shall be granted the right to attach its medical personnel to the Military Medical Service of the Lithuanian Armed Forces. Such a personnel shall be governed by the legal acts regulating the status and activities of the personnel of the Military Medical Service of the Lithuanian Armed Forces. Subject to permission of the Minister of National Defence or a person authorised by him, the personnel of

as attached to the Military Medical Service of the Lithuanian Armed Forces shall use the emblem as a protection sign. Such a personnel must wear a waterproof armband with the emblem and bear an identity card issued in accordance with the procedure laid down in paragraph 2 of this Article. SECTION THREE USE OF THE EMBLEM AS AN IDENTIFICATION SIGN Article 17. Use of the Emblem by

1. The right to use the emblem of the Red Cross and the designation “Red Cross” as identification signs shall be granted to

in order to indicate a person’s or an object’s link with the International Red Cross and Red Crescent Movement. 2. The emblem which is used as an identification sign must be of the size specified by the Society. In this case, it shall be prohibited to use it on roofs of buildings. 3.

shall use the emblem when performing the functions provided for by laws of the Republic of Lithuania, international treaties as well as the Statutes of the International Red Cross and Red Crescent Movement. The emblem shall be used on the flags, signboards of buildings, and transports belonging to

as well as clothing of members of the society. 4. Employees and members of

shall, when performing their duties, wear a sign with the emblem of the Red Cross. 5.

may temporarily use the emblem of the Red Crystal in exceptional circumstances, when this is necessary to facilitate work and/or reinforce protection seeking its goals and performing its tasks and functions. Article 18. Use of the Emblem by the Red Cross or Red Crescent Societies of Foreign States Subject to permission of

, the Red Cross or Red Crescent Societies of foreign states temporarily operating in the territory of the Republic of Lithuania shall have the right to use the emblem of the Red Cross, Red Crescent or Red Crystal in accordance with the procedure laid down by Article 17 of this Law. SECTION FOUR USE OF THE EMBLEM BY INTERNATIONAL ORGANISATIONS OF THE RED CROSS AND RED CRESCENT MOVEMENT Article

  1. Use of the Emblem by the International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies The International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies shall have the right, in carrying out of their activities, to use the emblem of the Red Cross and the Red Crescent at any time, and the emblem of the Red Crystal – in exceptional circumstances to facilitate work. SECTION FIVE SPECIAL PROVISIONS Article
  2. Use of the Emblem of the Red Cross and the Designation “Red Cross” by

for Information and Fund Raising Purposes 1.

shall have the right to use the emblem of the Red Cross and the designation “Red Cross” for information and fund raising purposes.

  1. The emblem of the Red Cross and the designation “Red Cross” shall be used when disseminating information about the activities of the International Red Cross and Red Crescent Movement and international humanitarian law for information purposes.
  2. The emblem of the Red Cross and the designation “Red Cross” shall be used for fund raising purposes when requesting natural and legal persons to provide support to

. 4. When carrying out fund raising campaigns,

shall have the right to allow enterprises, agencies and organisations to use the emblem of the Red Cross for advertising purposes under the following conditions: 1) the emblem may not be used to advertise the activities pursued by or the products of an enterprise, agency or organisation; 2) a fund raising campaign must be limited in terms of time and venue; 3) the activities of an enterprise, agency or organisation may not contradict the goals and principles of the International Red Cross and Red Crescent Movement; 4) a permission to use the emblem must be executed in the form of a written agreement providing for the right of the society to terminate the agreement; 5) the emblem must be used together with a reference indicating that an enterprise, agency or organisation supports

; 6) the emblem may not be used on product packaging. Article 21. Award Symbols of

The emblem of the Red Cross and the designation “Red Cross” may be used in award symbols of

in accordance with the procedure laid down by the Statutes of the Society. Article 22. Relief Consignments

shall be allowed to use the emblem of the Red Cross together with its designation to mark the relief consignments carried to areas of armed conflicts or natural disasters. Article

  1. Use of the Emblem of the Red Cross by Ambulance Services and the Medical Stations Providing Basic Medical Aid in the Event of an Emergency or Disaster
  2. Subject to permission of

, the emblem of the Red Cross may be used for the marking of ambulance vehicles under the following conditions: 1) when an ambulance service is providing basic medical aid or carrying victims in the event of an emergency in the Republic of Lithuania; 2) when an ambulance service is providing basic medical aid or carrying victims free of charge in the event of an emergency or disaster in a foreign state. 2. Subject to permission of

, the emblem of the Red Cross may be used to mark the medical stations providing basic medical aid free of charge to victims of an emergency. Article

  1. Road Signs The emblem of the Red Cross may be used as a road sign to mark first-aid stations and in other cases provided for by the 1968 Convention on Road Signs and Symbols. SECTION FIVE PROTECTION OF THE EMBLEM Article
  2. Prohibition of the Use of the Emblem and the Designation With the exception of the cases specified by this Law, all Lithuanian state institutions, enterprises, agencies, organisations and natural persons shall be prohibited from using: 1) the sign of a red cross on a white ground and the wording “Red Cross”; 2) the sign of a red crescent on a white ground and the wording “Red Crescent”; 3) the sign of a red frame in the shape of a square on edge on a white ground and the wording “Red Crystal”; 4) the emblems and the designations imitating the sign of a red cross on a white ground or the wording “Red Cross”; 5) the emblems and the designations imitating the sign of a red crescent on a white ground or the wording “Red Crescent”; 6) the emblems and the designations imitating a red frame in the shape of a square on edge on a white ground or the wording “Red Crystal”. Article
  3. Prohibition of Registration as Trademarks It shall be prohibited to register as names of firms, industrial design, trademarks or component parts of these marks the signs which are identical to or similar with the signs listed in Article 25 of this Law. Article
  4. Liability for Violation of the Use of the Emblem and the Designation
  5. The persons in violation of the requirements set forth by this Law shall be subject to administrative or criminal liability in accordance with the procedure laid down by laws of the Republic of Lithuania.
  6. Users of the emblem or designation of the Red Crystal or any sign constituting an imitation of this emblem shall be permitted to continue the use of such an emblem, designation or sign, provided it is not such as would appear, in time of armed conflict, to confer the protection of the 1949 Geneva Conventions for the protection of war victims and their Additional Protocols and provided that the rights to such use were acquired before 8 December
  7. CHAPTER IV FINAL PROVISIONS Article
  8. Final Provisions
  9. The health care establishments using the emblem of the Red Cross on the day of entry into force of this Law must, within 3 years from the entry into force of this Law, abandon use thereof or replace it with another sign.
  10. The health care establishments using the designation “Red Cross” on the day of entry into force of this Law must, within 5 years from the entry into force of this Law, abandon use thereof or replace it with another designation.
  11. The health care establishments indicated in paragraphs 1 and 2 of this Article shall not, during the time period indicated in these paragraphs, be subject to administrative and criminal liability for the use of the emblem of the Red Cross and the designation “Red Cross”. I promulgate this Law passed by the Seimas of the Republic of Lithuania PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

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