GOVERNMENT OF THE REPUBLIC OF LITHUANIA Translation from Lithuanian Government of the Republic of Lithuania R E S O L U T I O N No. 199 On the Establishment of Customs Regime Applicable to Travellers crossing the State Border of the Republic of Lithuania Vilnius, 6 March 1997 With the aim of ensuring the regulation of movement of travellers and things (goods) across the state border o the Republic of Lithuania, as well as protecting the domestic market, the Government of the Republic of Lithuania r e s o l v e s: 1. To approve the Customs Regime applicable to travellers crossing the State border of the Republic of Lithuania (attached). 2. To establish that the present Resolution is applicable unless otherwise is provided for in the Laws of the Republic of Lithuania and International agreements (conventions). 3. To instruct: 3. 1. The Customs Department under the Ministry of Finance to provide explanations on issues related to the application of the present Resolution; 3. 2. The Ministry of Foreign Affairs to inform, through the diplomatic channels, diplomatic representations and consular institutions accredited in Lithuania, as well as diplomatic representative offices and consular institutions of the Republic of Lithuania in foreign countries about the amendments of the customs regime applicable to travellers. 4. To recognize as invalid the bellow: 4.1. Resolution No. 716 “On the Establishment of Customs Regime Applicable to Travellers” (Records, 1995, No. 44-1083) adopted on 19 May 1995 by the Government of the Republic of Lithuania; 4.2. Resolution No. 1165 “On Partial Amendment to Resolution No. 716 “On the Establishment of Customs Regime Applicable to Travellers” adopted on 19 May 1995 by the Government of the Republic of Lithuania” (Records, 1995, No. 73-1714) adopted on 30 August 1995 by the Government of the Republic of Lithuania; 4.3. Resolution No. 1228 “On Partial Amendment to Resolution No. 716 of 19 May 1995 adopted by the Government of the Republic of Lithuania “On the Establishment of Customs Regime Applicable to Travellers” (Records, 1996, No. 104-2382) adopted on 24 October 1996 by the Government of the Republic of Lithuania. 5. This Resolution comes into force on 1 April 1997. Prime Minister Gediminas Vagnorius Acting Minister of National Economy Minister of Communications and Information Technology Rimantas Pleikys Approved by Resolution No. 199 of 6 March 1997 of the Government of the Republic of Lithuania Customs Regime Applicable to Travellers Crossing the State Border of the Republic of Lithuania General Provisions 1. Customs regime for travellers crossing the State border of the Republic of Lithuania (hereinafter referred to as the Customs Regime) regulates the movement of things (goods) transported by travellers crossing the state border of the Republic of Lithuania, the establishment of customs duties and taxes, as well as customs control of travellers. 2. The terms used in the present document shall have the following meaning: “a traveller” is a natural person who holding no status of an economic entity, does not normally reside in the Republic of Lithuania and temporarily enters the territory of the Republic of Lithuanian for the purpose of tourism, sports, business, professional meetings, medical treatment, scientific activities, etc. and leaves the country, also, any person in transit who goes across the Republic of Lithuanian (non-Lithuanian resident) or who is a permanent resident of the Republic of Lithuania and temporarily goes abroad for the purpose of tourism, sports, business, professional meetings, medical treatment, scientific activities and the like, and who returns to the country (returning Lithuanian resident); “things for non-commercial and non-productive purposes” are travellers’ things, excluding cars and other means of transport registered in the established order (codes according to the Combined Nomenclature of the European Economic Community 87.01-87.05, 87.11, 87.16) and their units carrying number plates (codes according to the Combined Nomenclature of the EEC - ex 84.07, ex 8408.20, 87. 06, 87.07), meant to be used during the journey, for household, at leisure or as collection purposes, which by their amount, nature, purpose, packing, depreciation degree, frequency of transportation, length and purpose of the journey and other conditions are obviously not meant for sale or production purposes (for example, selfsame or similar things carried in large quantities whose amount, taking into account the conditions of the journey, exceeds ordinary needs of a traveller, as well as regularly carried selfsame and similar things whose nature or quantity does not correspond to the time, length or purpose of a journey and the like, are not regarded as things for non-commercial or non-productive purposes); “means of transport for private use” - motor road vehicles (including motor cycles) and their trailers, vessels and aircraft, together with their spare parts and normal accessories and equipment, imported or exported exclusively for personal use by the person concerned (not to transport persons and goods for remuneration); “unaccompanied baggage” - a traveller’s things (goods), including things for personal use, transported by means of transport other than that in which a person is traveling and at a different time, however, not earlier and not later than two months from the border-crossing day by a traveller; “import duties and taxes” - all customs duties and all other duties, taxes or other charges which are collected (paid) on or in connection with the importation of goods (vehicles included) or related to the import, excluding fees and charges for services rendered; “export duties and taxes” - customs duties and all other duties which are collected (paid) on or in connection with the exportation of goods (vehicles included) or related to the export of goods, excluding fees and charges for services rendered; “customs surveillance” - a package of measures the enforcement of which is under the customs responsibility and which are applied by the customs according to the laws and regulations of the Republic of Lithuania; “customs control” - an inspection of things (goods), the conformity and validity of documents, means of transport, passengers (travellers) and the luggage and other things being carried, the examination and other actions of the Customs seeking to ensure the observance of the Laws and other legal acts of the Republic of Lithuania the implementation of which fall under the responsibility of the Customs; “customs formalities” - all operations which must be carried out by the person concerned and by the Customs in order to ensure the observance of the Laws and other legal acts the implementation of which fall under the responsibility of the Customs; “traveller’s declaration” - a customs declaration of a certain form established by the Customs Department under the Ministry of Finance (hereinafter referred to as the Customs Department) wherein the information, required by the Customs, about the things (goods) carried by the person concerned, is presented in a simplified order and which is presented by a traveller under the circumstances provided for in the present Customs Regime; “single administrative document” - a customs declaration of a form established by the Customs Department wherein the information required by the Customs is presented about the goods submitted for the chosen Customs procedure; “guarantee” - a deposit or a written obligation from a guarantor to bear the responsibilities to the Customs, should the debtor fail to fulfill his/her obligation to pay the debt or fulfill his/her obligation inadequately; “temporary admission” - the customs procedure under which certain non-Lithuanian goods (vehicles included) can be brought into the Customs territory of the Republic of Lithuania (hereinafter referred to as the Customs territory), conditionally, fully or partly relieved from the payment of import duties and taxes and without application of import prohibitions and restrictions of economic character; “temporary exit” - the Customs procedure under which certain Lithuanian goods (vehicles included) can exit the Customs territory, conditionally, completely or partly relieving them from the payment of export duties and without applying any prohibitions or restrictions of economic character against their export and which later after their reimportation are allowed to freely circulate relieving them from the payment of import duties and taxes. 3. These regulations are to be observed by all travellers irrespective of their citizenship and permanent place of residence, unless otherwise provided for in the Laws of the Republic of Lithuania and International agreements (conventions). 4. Upon importing things (goods) which are not covered in Art. 5, or upon importing things the aggregate value of which exceeds three thousand Litas, travellers, besides the requirements established in the present Customs Regime, are subject to import and export requirements applicable to economic entities Things (goods) relieved from the payment of import duties and taxes 5. Travellers are permitted to bring into the following items free of import duties and taxes: 5.1. things for personal use indicated in Annex 1; 5.2. things for non-commercial and non-productive purposes, including things (goods) covered under the list indicated in Annex 2, as well as things (goods) carried as unaccompanied baggage, - the aggregate value of which does not exceed three thousand Litas. Upon bringing in larger amounts of such things (goods), the indicated amount of three thousand Litas includes in the first instance the value of things (goods), on which the lowest total value of duties and taxes assessed are to be paid. In calculating the indicated amount of three thousand Litas, the value of a single thing (goods) is not divided (the aggregate value of a thing exceeding the amount of three thousand Litas is taxed); 5. 3. things (goods) which were exported from the Republic of Lithuania if they were subject according to the established order to the temporary exit procedure upon their exportation; 5. 4. work instruments and tools as well as things needed to settle down when a person arrives in the Republic of Lithuania in order to work on a labor contract, on business or to study (upon presenting a labor contract, business trip documents or an invitation to study) and for other purposes (tourism, sports, medical treatment, professional meetings, etc.). In this case temporary admission procedure is to be performed in the established order; 5. 5. property (including the property which is not carried by a person himself/herself): 5. 5. 1. in case a traveller has been granted a permit in the established order to settle down in the Republic of Lithuania permanently (upon the presentation of documents issued by the Ministry of the Internal Affairs certifying that such permit has been granted) or in case he/she lived abroad for not less than one year (upon the presentation of corresponding documents certifying the fact and the length of a person’s residence abroad). Within three months from the day of receipt of a permit to settle down in the Republic of Lithuania permanently, a traveller has the right to bring into the Republic of Lithuania things for personal use that belong to him/her or members of his/her family, as well as personal things for non-commercial and non-productive purposes that he/she used abroad (according to the list presented to the Customs and not exceeding the rates indicated in Annex 2): 5. 5. 1. 1. furniture and other domestic requisites; 5. 5. 1. 2. domestic appliances and other everyday (including electronic) equipment; 5. 5. 1. 3. things for personal use; 5. 5. 1. 4. means of transport for private use; 5. 5. 1. 5. working instruments and tools used in professional activity; 5. 5. 1. 6. items used at leisure; 5. 5. 1. 7. collector’s items; 5. 5. 2. inherited from a person who lived abroad, if an inheritor resides permanently in the Republic of Lithuania (upon presentation of the inheritance documents and the list of inherited things). In this case a traveller can bring into things for non-commercial and non-productive purpose which were used by a person from whom he/she or his/her family members inherited them (not exceeding the rate covered in Annex 2); 5. 6. means of transport for private use (excluding those purchased abroad by a returning Lithuanian resident and which are not registered in the Republic of Lithuania); 5. 7. fuel and lubricants in the stationary tank of private means of transport in which a person is traveling; 5. 8. national currency of the Republic of Lithuania, foreign currency and securities; 5. 9. goods returned to the Customs territory for which customs outright exportation procedure was performed in the order established for economic entities (upon a presentation of a single administrative document) providing the goods are in the same shape as upon exportation and are returned not later than within one year from the day of receipt of the export declaration for the customs control; 5. 10. things (goods) in transit transported through the customs territory; Prohibitions and Restrictions 6. Travellers are prohibited from: 6.1. importing and transporting more things (goods) in transit than covered under the list of things (goods) indicated in Annex 2. Upon exceeding the import rate indicated in Annex 2, the quantity of things under the same name is not divided and prohibition is applicable to the total amount of things under the same name. Travellers are allowed to bring in tobacco products, alcoholic beverages bearing no import labels used in the Republic of Lithuania on their packaging when their quantity does not exceed the amount indicated in Annex 2. 6.2. importing into the Republic of Lithuania, exporting from and transporting across its territory the below things (goods) in transit: 6. 2. 1. ethyl alcohol - code according to the Combined Nomenclature of the European Economic Community - 22.07 - and home-made alcoholic beverages; 6. 2. 2. genuine and artificially grown pearls, diamonds, precious and semi-precious metals (codes according to the Combined Nomenclature of the European Economic Community - 71.01 - 71.12); 6. 2. 3. non-precious metals, their alloys, waste and scrap (codes according to the Combined Nomenclature of the European Economic Community - 72.01-73.16; 74.01-74.14; 75.01-76.14; 78.01-81.13); 6.2.4. goods prohibited form importing into, exporting from and transporting goods (things) in transit across the Republic of Lithuania by the Laws and legal acts of the Republic of Lithuania; 6. 2. 5. goods subject to the restrictions on import into the Republic of Lithuania, export from or transportation across its territory according to the Laws of the Republic of Lithuania or by other legal acts without permits issued according to the established procedure by the certain governmental institution authorized by the Government of the Republic of Lithuania. Permits are needed to bring in or carry out civilian weapons (Article 7, Annex 1). Permits are not required for bringing in or carrying out not more than 2 gas guns (pistols) 4 sets of cartridges for them, 2 gas canisters, as well as for import of 5 second-hand motor car tires for one car (tires on car-wheels excluded); 6. 3. exporting things (goods) for which export duties are established; 6. 4. exporting alcoholic beverages and tobacco products marked with tag-stickers, excluding cases when tag-stickers are not attached in accordance with the procedure established by the Government of the Republic of Lithuania. 6. 5. carrying out from the Republic of Lithuania the amount exceeding five thousand Litas (in cash). The nominal value of celebratory and anniversary coins, as well as collector’s items shall not be included in the amount; 7. Travellers residing temporarily or permanently in the Republic of Lithuania are not allowed to carry things (goods) in transit across the customs territory. Assessment and Payment of Customs Duties and Taxes 8. Customs duties and taxes on things (goods) carried by travellers shall be assessed in the bellow order: 8. 1. upon importing things (goods) the total amount of which exceeds three thousand Litas not covered under the list indicated in Art. 5, excluding cars (codes according to the Combined Nomenclature of the European Economic Community - 87.01-87.05), the custom duty of a fixed tariff established for specific goods is collected, however, it shall be not less than 10% of their value. At a traveller’s request, customs duties can be assessed on the aggregate value of importable goods, applying equal customs tariffs to all imported goods. In this case customs tariffs of the Republic of Lithuania corresponding to the highest customs tariffs fixed for the imported goods are collected; 8. 2. the customs duty imposed on imported cars (codes according to the Combined Nomenclature of the European Economic Community - 87.01-87.05) shall be set by the customs tariff; 8. 3. on things (goods) imported from the countries with which the Republic of Lithuania signed free trade agreements now in effect according to the established procedure, preference customs duties set in these agreements are collected providing the things (goods) fall under the provisions regulating application of preference customs duties established in these agreements. In applying free trade agreements of the Republic of Lithuania, cars and other means of transport imported by a traveller and registered in the order established, their units carrying number plates, as well as other things for commercial and productive purpose are not regarded as a travellers’ luggage; 8. 4. on things (goods) which are prohibited from importing duty-free and for which the value-added tax and (
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