LIETUVOS RESPUBLIKOS

LIETUVOS RESPUBLIKOS Translated from Lithuanian REPUBLIC OF LITHUANIA LAW ON CONSULAR FEES 23 June 1994 – No I-509 (As last amended on 20 April 2010 – No XI-773) Vilnius Article

1. Purpose of the Law
2. This Law shall regulate the charging of consular fees for the actions performed by diplomatic missions and consular posts of the Republic of Lithuania (hereinafter referred to as the “consular posts“) in the course of exercising consular functions provided for in Article 3 of this Law, for the issue of legally valid documents and other services provided (hereinafter referred to as the “consular acts”), as well as for the legalisation of documents and for the issue of certificates (Apostille) by the Consular Department of the Ministry of Foreign Affairs of the Republic of Lithuania.
3. The purpose of this Law shall be to ensure the implementation of the legal acts of the European Union indicated in the Annex to this Law. Article
4. Payers of Consular Fees Consular fees shall be paid by natural and legal persons, except for the Bank of Lithuania. Article
5. Object of Charging of Consular Fees Consular fees shall be charged for: 1) the issue of repatriation certificates; 2) the receipt and consideration of applications for the issue of a visa or equivalent documents, the adoption of decisions in relation to the issue or refusal to issue a visa or an equivalent document (hereinafter referred to as the “examination of visa applications”); 3) the extension of the period of validity of a stateless person’s travel document; 4) the receipt and transmission of applications for the citizenship of the Republic of Lithuania and applications for retention of the right to the citizenship of the Republic of Lithuania; 5) the issue or replacement of a passport or the receipt and transmission of applications for the issue or replacement of a passport; 6) the receipt and transmission of applications for the issue of a residence permit in the Republic of Lithuania; 7) legalisation of documents and issue of certificates (Apostille); 8) registration of records of civil status and issue of documents; 9) the notarial acts performed; 10) the issue of consular certificates; 11) the request of documents from institutions of the Republic of Lithuania or the host States; 12) the receipt and transmission of applications for an authorisation to import (export) weapons; 13) the safekeeping of cash, jewellery, securities and documents; 14) the transfer of money through the accounts of the Ministry of Foreign Affairs of the Republic of Lithuania or consular posts where that is required for the provision of consular assistance and where, due to substantive reasons, it is impossible to transfer money by any other means. Article
6. Consular Fee Rates
7. Consular fees shall be not less than EUR 2 and shall not exceed EUR
8. It shall be calculated taking into account the following: 1) the costs incurred by state and municipal institutions and agencies of the Republic of Lithuania in handling of requests from consular posts relating to the provision of services pertaining to the performance of consular acts; 2) the costs of remuneration for work relating to consular acts performed by consular posts; 3) the requirements of legal acts of the European Union; 4) the costs of verification of conformity with the requirements stipulated in legal acts.
9. Specific consular fee rates shall be fixed by the Government of the Republic of Lithuania, taking into consideration paragraph 1 of this Article. Consular fee rates shall be fixed in Euros, omitting cents.
10. After the close of the calendar year, the Government shall have the right to adjust specific consular fee rates, taking into consideration the actual increase in or reduction of the costs relating to the performance of consular acts. Article
11. Application of Consular Fee Rates and Exemptions on Parity Basis To the extent this is not in contradiction of the EU legislation, the Government of the Republic of Lithuania shall have the right to, on a parity basis, increase, reduce or waive consular fees charged in respect of foreign legal and natural persons for visas, the request of documents and legalisation thereof, taking into consideration the fees charged by the relevant foreign states in respect of legal and natural persons of the Republic of Lithuania. Article
12. Exemptions
13. Consular fees shall not be charged for: 1) the issue of an authorisation to transport the remains of a deceased person to Lithuania; 2) the issue of a repatriation certificate and carrying out other consular acts necessary in the cases of repatriation to the Republic of Lithuania (legalization of documents, issue of consular certificates, registration of records of civil status and issue of documents, performance of notarial acts, request of documents from institutions of the Republic of Lithuania or host States, transfer of money through the accounts of the Ministry of Foreign Affairs or consular posts of the Republic of Lithuania) in respect of persons who, due to substantive reasons (such as an accident, illness, having been a victim of a criminal act), cannot pay the consular fee, but produce a document attesting to the fact of presence of these substantive reasons; 3) the issue of a repatriation certificate or other performed consular acts required for transportation to the Republic of Lithuania of children left without parental care in a foreign state, who have been issued a document attesting to their citizenship of the Republic of Lithuania or whose parents (or one of the parents) are citizens of the Republic of Lithuania, as well as transportation to the Republic of Lithuania of citizens of the Republic of Lithuania who are being extradited or readmitted, suspected of having committed a criminal act or have been sentenced; 4) examination of applications for the issue of visas to the family members of a citizen of the European Union or a citizen of a Member State of the European Free Trade Association, where such family members are nationals of third countries, as well as to the family members of citizens of the Republic of Lithuania; 5) examination of applications for the issue of visas to children under the age of six; 6) examination of applications for the issue of visas to school pupils, students and accompanying teachers or lecturers who undertake trips for the purpose of study or educational training, on production of the documents attesting to this effect; 7) examination of applications for the issue of visas to researchers travelling within the European Union and the Member States of the European Free Trade Association for the purpose of carrying out scientific research, on production of the documents attesting to this effect; 8) examination of applications for the issue of national visas to aliens holding diplomatic or service passports or equivalent travel documents where their arrival to the Republic of Lithuania is related to the promotion of interests in the field of culture, foreign policy, development cooperation policy or other fields of public concern; 9) examination of application for the issue of visas to aliens arriving to the Republic of Lithuania to participate in official meetings organised by the President of the Republic, the Seimas, the Government or ministries; 10) examination of applications for the issue of visas to aliens travelling to visit a seriously ill close relative or a family member, or to the funeral of a close relative or a family member, or twice a year to visit the grave of a close relative or a family member in the territory of the Republic of Lithuania, on production of the documents attesting to this effect; 11) examination of applications for the issue of visas to persons of Lithuanian origin on production of the documents attesting to this effect or the certificate attesting to the Lithuanian origin issued by a consular post in accordance with the procedure laid down by the Minister of Foreign Affairs of the Republic of Lithuania; 12) examination of applications for the issue of visas to person who have retained the right to the citizenship of the Republic of Lithuania, on production of the documents attesting to this effect; 13) examination of applications for the issue of visas, by the decision of the head of a consular post when he acts as a consular officer, in exceptional cases, other than those provided for in subparagraphs 8-12 of this Article, where the aliens arrive to the Republic of Lithuania for the purpose of culture, foreign policy, development cooperation or other purposes of public concern or for humanitarian reasons; 14) examination in consular posts of applications for the issue of visas (Category D) to aliens in respect of whom a decision to issue a residence permit in the Republic of Lithuania has been adopted; 15) examination of applications for the issue of the facilitated rail transit document specified in Council Regulation (EC) No 693/2003 of 14 April 2003 establishing a specific Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common Manual; 16) the receipt and transmission of applications for the issue of a residence permit in the Republic of Lithuania to children under the age of sixteen; 17) the receipt and transmission of applications for the issue of a residence permit in the Republic of Lithuania to persons of Lithuanian origin and persons who have retained the right to the citizenship of the Republic of Lithuania, on production of the documents attesting to this effect (including the document referred to in subparagraph 11 of this paragraph), as well as to the family members of these persons who arrive with them to the Republic of Lithuania for residence purposes; 18) registration of death and the issue of a death certificate; 19) the request and legalization of documents related to the enforcement of child support payments; 20) the issue of consular certificates regarding the refusal to perform notarial acts and consular certificates stating that the application lodged with the consular post by the applicant is inadmissible; 21) the issue or replacement of a passport or the receipt and transmission of applications for the issue or replacement of a passport to children for whom guardianship or curatorship is established, persons maintained by foreign states in care facilities, single persons who have attained the pensionable age, persons to whom 0 – 40 per cent of capacity for work level has been established, persons under the age of eighteen to whom a level of disability has been established, persons who, under the Law of the Republic of Lithuania on the Legal Status of Victims of the 1939 – 1990 Occupation, have been granted the legal status of victims of the occupation – persons who were subjected to repression. 22) examination of applications for the issue of the Schengen visas to representatives of non-profit organisations under the age of twenty-five who are to take part in seminars, conferences as well as sports, cultural or educational events organized by non-profit organisations; 23) examination of applications for the issue of the Schengen visas to children between the ages of six and twelve where Member States of the European Union, in carrying out local Schengen cooperation as provided for in the Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), have not taken a decision to charge consular fees. 24) examination of applications for the issue of the Schengen visas to aliens holding diplomatic or service passports or equivalent travel documents where Member States of the European Union, in carrying out local Schengen cooperation as provided for in the Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), have not taken a decision to charge consular fees. 25) examination of applications for the issue of the Schengen visas to aliens under the age of twenty-five who are to take part in seminars, conferences as well as sports, cultural or educational events organized by non-profit organisations where Member States of the European Union, in carrying out local Schengen cooperation as provided for in the Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), have taken a decision not to charge consular fees.
14. In cases of the issue or replacement of a passport or the receipt and transmission of applications for the issue or replacement of a passport in accordance with the general procedure to citizens of the Republic of Lithuania who are under the age of eighteen, also to citizens who have attained the pensionable age as specified by the Law of the Republic of Lithuania on State Social Insurance Pensions, the consular fee rates shall be reduced by 50 per cent. Article
15. Payment of Consular Fees
16. Consular fees must be paid before the completion of consular acts at consular posts or before the legalisation of a document or the issue of a certificate (Apostille) at the Consular Department of the Ministry of Foreign Affairs of the Republic of Lithuania.
17. The procedure for paying consular fees shall be established by the Government of the Republic of Lithuania. Article
18. Refunds
19. Consular fee overpayments shall be refunded where the amount paid exceeds statutory consular fee rates.
20. Consular fee overpayments shall be refunded within the time limit established in the Law of the Republic of Lithuania on Tax Administration.
21. The procedure for refunding consular fee overpayments shall be established by the Government of the Republic of Lithuania. Article
22. Control of Charging of Consular Fees
23. The charging of consular fees shall be controlled by the State Tax Inspectorate.
24. Consular fees which have been charged incorrectly or which have not been charged at all shall be recovered, in accordance with the Law of the Republic of Lithuania on Tax Administration, from the consular post through the fault of which the incorrect consular fees have been charged or no fees at all have been charged. Article
25. Charge of Consular Fees to the Budget Consular fees shall be charged to the State budget. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC Annex to Republic of Lithuania Law on Consular Fees LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW
26. Council Regulation (EC) No 693/2003 of 14 April 2003 establishing a specific Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common Manual (OJ 2004 special edition Chapter 19, Volume 6, p. 138).
27. Corrigendum to Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 special edition, Chapter 5, Volume 5, p. 46).
28. Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ 2009 L 243, p. 1). _______________ Translated by J. Gamulevičiūtė [email protected]