Translation from Lithuanian

Translation from Lithuanian Translation from Lithuanian GOVERNMENT OF THE REPUBLIC OF LITHUANIA R E S O L U T I O N No. 497 On the Application of Securities during Customs Procedures Vilnius, 7 April 1995 Seeking to improve the collection of customs duties and other taxes falling under the jurisdiction of the customs authorities, the Government of the Republic of Lithuania r e s o l v e s the following:

1. To approve the below: 1.1 The order of granting the status of customs surety to economic entities of the Republic of Lithuania; 1.
2. The order of granting the status of customs surety to banking institutions and insurance agencies.
3. To establish the following: 2.
4. Up to and including 31 May 1995 customs offices shall accept sureties related to customs procedure applied for goods and submitted by the following entities: 2.1.
5. banking institutions; 2.1.
6. insurance agencies; 2.1.
7. other economic entities registered in the Republic of Lithuania and enjoying the status of customs surety granted to them in due order; 2.
8. From 1 June 1995 onwards customs offices shall accept guarantees related to customs procedure applied for goods and submitted by the following entities enjoying the status of customs surety: 2.2.
9. banking institutions; 2.2.
10. insurance agencies; 2.
11. A general guarantee shall be given by: 2.3.
12. for transit goods carried by rail, state enterprise "Lietuvos geleþinkeliai"; 2.3.
13. for goods carried by road transport under cover of CARNET TIR or cover of CARNET TIR with the inscription of "TOBACCO ALCOHOL",Lithuanian national road carriers' association "Linava"; 2.3.
14. for goods carried by post, state enterprise "Lietuvos paðtas"; 2.3.
15. for goods transported by pipelines as well as for goods stored in port, airport and railway warehouses (storage facilities) and overseen by customs authorities- enterprises or organizations exploiting such pipelines and warehouses (storage facilities); 2.3.
16. for goods stored in Customs warehouses and at export-import terminals, the founder of such Customs warehouse or import-export terminal, upon submitting a letter of long-term banking guarantee. 2.
17. Upon request by foreign diplomatic missions, ministries and other state agencies as well as at its own discretion, the Customs Department under the Ministry of Finance shall enjoy the right to decide not to require securities for the following goods under customs procedure: 2.4.
18. incoming (outgoing) goods destined for exhibitions and other events pursing non-profit goals, including arts, science, crafts, sports, education, culture, religion, charity, tourism, and international cooperation, as well as equipment required for such purposes; 2.4.
19. goods destined for ministries, other state agencies and budget-funded organizations;
20. To establish that the provisions of this resolution shall not apply when a system of guarantees established by international treaties the Republic of Lithuania is party to is in effect.
21. To ask the Bank of Lithuania to provide the Customs Department under the Ministry of Finance with information on the reliability of securities submitted by banking institutions.
22. To instruct the Ministry of Foreign Affairs to inform foreign diplomatic missions about changes in the order of the application of securities in customs procedure.
23. To declare invalid: 6.1.Government of the Republic of Lithuania Resolution No 903 of December 6 1993 "On the Application of Securities in Customs Procedures" (News, 1993, No 68-1281); 6.
24. Government of the Republic of Lithuania Resolution No. 399 of May 23 1994 "On Partial Amendment of Government of the Republic of Lithuania Resolution No. 903 of December 6 1993" (News, 1994, No. 40-731); 6.
25. Government of the Republic of Lithuania Resolution No. 565 of July 5 1994 "On Partial Amendment of Government of the Republic of Lithuania Resolution No. 903 of December 6 1993" (News, 1994, No. 53-1012); 6.
26. Government of the Republic of Lithuania Resolution No. 1293 of December 22 1994 "On Amendment of Government of the Republic of Lithuania Resolution No. 903 of December 6 1993" (News, 1994, No. 101-2030). Prime Minister Adolfas Ðleþevièius Minister of Finance Reinoldijus Ðarkinas APPROVED by Resolution No. 497 of 7 April 1995 of the Government of the Republic of Lithuania The Order of Granting the Status of Customs Surety to Economic Entities of the Republic of Lithuania
27. This order shall govern the registration of customs sureties- economic entities registered in the Republic of Lithuania whose securities on goods falling under the customs procedure are accepted by customs offices- with the Customs Department under the Ministry of Finance (hereunder, Customs Department).
28. Economic entities wishing to receive the status of customs surety (hereunder, economic entities) shall submit the following documents to the Customs Department (located at Jakðto 1/25, Vilnius): 2.
29. application addressed to the director of the Customs Department; 2.
30. economic entity registration certificate; 2.
31. letter of banking institution guaranteeing for the customs surety obligations regarding customs procedures, when the total amount of the security provided by the economic entity is calculated from the amount guaranteed by the banking institution; 2.
32. certificate specifying the registered and established authorized capital of an enterprise attested by the tax inspectorate of the city (region) where such economic entity is registered, if the total amount of the security provided by such economic entity is calculated from the amount of the authorized capital of the entity; 2.
33. conclusions on the implementation of obligations to the customs and on breaches thereof by customs authorities within the zone of activities whereof the headquarters of such economic entity is located; 2.
34. a pledge to submit to the customs authorities no less than once every three months (more frequently, if the customs authorities so demand) statements on the registered and established authorized capital, when the total amount of the security provided by the economic entity is calculated from the amount of the authorized capital thereof; 2.
35. filled-in information form of the type established by the Customs Department, certified by manager of the enterprise register of the Republic of Lithuania that registered the enterprise.
36. Taking into consideration such violations committed by an economic entity as are registered in the customs report, the Customs Department shall have the right to refuse such entity granting the status of customs surety. An economic entity denied the status of customs surety shall be informed thereof in written form, with due explanation of the reasons for denial. Economic entities that were denied the status of customs surety shall have the right to reapply for such status following the expiry of one month from the date of the original decision by the Customs Department.
37. In granting the status of customs surety the Customs Department shall issue a certificate of the customs surety of the form attached hereto. The certificate shall be signed by director of the Customs Department.
38. The total amount of security submitted by economic entities registered in the Republic of Lithuania and enjoying the status of customs surety shall not exceed any of the amounts below: 5.
39. an equivalent of 50 per cent of the value of the registered authorized capital of the surety; 5.
40. the amount guaranteed by a banking institution as the obligation of the customs surety in the process of the customs procedure; 5.
41. the sum total of the amounts established in points 5.1 and 5.2 hereof.
42. In the event a customs surety violates the laws and other normative acts of the Republic of Lithuania governing its activities and obligations, the Customs Department, upon a respective motion by customs authorities, shall have the right to abolish its status as customs surety and cancel its certificate. An economic entity deprived of the status of customs surety shall have the right to appeal to the Customs Department requesting the status of customs surety after one year from the date of the decision by the Customs Department to abolish its status of customs surety and cancel its certificate.
43. The customs shall not be liable for losses incurred by economic entities due to breach of the order established hereby.
44. Economic entities objecting to decisions taken by customs authorities shall have the right to lodge a complaint against such decisions in the manner stipulated by the laws of the Republic of Lithuania.
45. This order shall be in effect until and including 31 May
46. _____________________________ Form Customs Department under Ministry of Finance of the Republic of Lithuania C e r t i f i c a t e No. In agreement with the April 7, 1995 Government of the Republic of Lithuania Resolution No. 497 "On the Application of Securities during Customs Procedure", ............................................................................. (name and address of the customs surety), registered on......., 199.. with the enterprise register of the Republic of Lithuania, registration No. ..., current account No. ... (name and address of the banking institution)................................, has been granted the status of customs surety to provide security ................................(amount in words). Director (signature) (First letter of Christian name and full last name) .... ,............., 199... __________________________ APPROVED by Resolution No. 497 of 7 April 1995 of the Government of the Republic of Lithuania Order of Granting the Status of Customs Surety to Banking Institutions and Insurance Agencies
47. This order shall govern registration by the Customs Department of the Ministry of Finance (hereunder, Customs Department) of banking institutions and insurance agencies the securities whereof with regard to goods under customs procedure are acepted by customs authorities.
48. Banking institutions requesting the status of customs security shall submit to the Customs Department (located at Jakðto Str. 1/25, Vilnius) the following documents: 2.
49. application addressed to director of the Customs Department; 2.
50. certificate of registration of the banking institution; 2.
51. letter of recommendation by the Bank of Lithuania and report on the fixed capital of such a banking institution; 2.
52. draft agreement between the banking institution and the Customs Department on cooperation in applying customs procedure related securities; 2.
53. filled-in customs surety form required by the Customs Department and certified by the Bank of Lithuania.
54. Banking institutions shall be granted the status of customs surety entry into effect of an agreement specified in point 2.4 hereof.
55. Insurance agencies requesting the status of customs surety shall submit to the Customs Department the following documents: 4.
56. application addressed to director of the Customs Department; 4.
57. insurance agency registration certificate; 4.
58. letter of recommendation by the Ministry of Finance; 4.
59. draft agreement between the insurance agency and the Customs Department on cooperation in applying customs procedure related securities; 4.
60. report on the registered and established authorized capital of the enterprise attested by the tax inspectorate of a city (district) where such economic entity is registered; 4.
61. filled-in customs surety form required by the Customs Department and certified by the Ministry of Finance.
62. Insurance organizations shall be granted the status of customs surety entry into effect of an agreement specified in point 4.4 hereof. _____________________