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. 743 On the Procedure of Implementation of Import, Transit and Export Licencing and Control of Strategic Goods and Technologies Vilnius, 8 July 1997 Following the Republic of Lithuania Law on Control of Import, Transit and Export of Strategic Goods and Technologies (Records, 1995, No. 61 - 1533), the Republic of Lithuania Law “On Enforcement of the Law on Import, Transit and Export Control of Strategic Goods and Technologies” (Records, 1995, No. 61 - 1534) and Resolution No. 573 of the Government of the Republic of Lithuania approved on 6 June 1997 “On Exercising Import, Transit and Export Control of Strategic Goods and Technologies” (Records, 1997, No. 55 - 1272), the Government of the Republic of Lithuania r e s o l v e s:

1. To approve the procedure of issuing, suspending and revoking licences, issuing import certificates and delivery verification certificates, providing information about controlled goods to Ministries and other state institutions engaged in issuance of licences (attached).
2. To instruct: 2.
3. The Ministry of National Economy to establish the procedure of printing import. transit and export licences, the import certificate; 2.
4. The Customs Department under the Ministry of Finance to establish the procedure of printing the delivery verification certificate. Prime Minister Gediminas Vagnorius Minister of National Economy Vincas Babilius Approved by Resolution No. 743 of 8 July 1997 of the Government of the Republic of Lithuania The Procedure of Issuing, Suspending and Revoking Licences, Issuing Import Certificate and Delivery Verification Certificate, Providing Information about Controlled Goods to Ministries and Other State Institutions Engaged in Issuance of Licences General Provisions
5. The present Procedure regulates: 1.
6. issuance of import, transit, export licences, the import certificate and the delivery verification certificate; 1.
7. the use of licences; 1.
8. special regulations of carrying out Customs procedures of import, transit and export of strategic goods and technologies. Issuance of Import, Transit, Export Licences and Import Certificates
9. The importer, carrier, exporter or the authorized person wishing to obtain an import, transit, export licence or an import certificate must apply to the Ministry of National Economy and submit a filled in application of the established form (according to the attached forms EK-1, EK-4 and EK-7 prepared by the Ministry of National Economy), a certificate of enterprise registration and a permit (licence) to engage in a licencing activity. The authorized person shall submit a power of attorney.
10. In case the import certificate issued by the state institutions of the Republic of Lithuania is required to make a decision of the institutions exercising export control of strategic goods from the exporting state, the importer or the authorized person must apply to the Ministry of National Economy to issue the certificate.
11. The following documents shall be submitted along with the application: 4.
12. to obtain an import licence or an import certificate: 4.1.
13. an agreement (contract); 4.1.
14. a permit issued by competent state institutions of the exporting state; 4.1.
15. the list of consumers currently using these goods (technologies); 4.1 4 the list of requirements set by the exporter or producer; 4.
16. to obtain a transit licence: 4.2.
17. an agreement (contract); 4.2.
18. a copy of the international import certificate (or an analogous document) issued by the importing state; 4.
19. to obtain an export licence: 4.3.
20. an agreement (contract); 4.3.
21. an international import certificate (or an analogous document) issued by state institutions of the importing state implementing control of controlled goods; 4.3.
22. an end use statement.
23. Licences shall be issued upon submitting a confirmation receipt on the stamp tax paid.
24. Other additional documents can be required to be submitted to facilitate the consideration of applications.
25. All documents must be presented in the Lithuanian language. An international import certificate or a corresponding document can be filled in Lithuanian, English or Russian languages. In other cases an authorized translation into the Lithuanian language shall be presented.
26. The documents and data submitted shall considered in the procedure established by the Government of the Republic of Lithuania. Within 50 days the Ministry of National Economy, following the conclusion of the group of experts resolving the issues of issuance licences for import, transit and export of strategic goods and technologies and import certificates (hereafter referred to as the group of experts), shall inform about it the importer, exporter, carrier or the authorized person who has submitted the application to issue an import, transit, export licence or the import certificate. Providing additional information is required to make a decision, on the decision of the expert group the importer, carrier, exporter or the authorized person shall be informed about it. Upon receiving additional information, the Ministry of National Economy, on the basis of the conclusion of the expert group shall adopt a decision within 30 days.
27. Following the regulations of the present Procedure, an application to issue a licence shall be registered. The application, documents submitted thereto and the information shall be considered at the Ministry of National Economy.
28. In each case the Ministry of Economy shall deliver copies of applications and documents submitted thereto to the Ministries and state institutions whose sphere of activity covers controlled goods.
29. Ministries and state institutions, indicated in Article 10 of the present Procedure, having considered the copies of applications and documents submitted, must present their conclusion in writing to the Ministry of National Economy within 30 days.
30. The Ministry of National Economy has the right to apply to all Ministries and state institutions indicated in Article 10 of the present Procedure, to hold consultations with them and receive their conclusions.
31. The importer, carrier, exporter of the authorized person, upon receiving a negative decision on issuance of licence, has the right, within 10 days, to appeal to the Ministry of National Economy with the request to consider the application to issue a licence again.
32. Import, transit and export licences (in accordance with the attached forms EK-2, EK-8 and EK-5 prepared by the Ministry of National Economy) shall be issued in four copies: 14.
33. the original; 14.
34. copy A; 14.
35. copy B; 14.
36. copy C;
37. The original and copy B must be submitted to the Customs.
38. Copy A shall be given to the importer, carrier, exporter or the authorized person.
39. Copy C must be kept with the Ministry of National Economy.
40. The Customs returns the original licence to the Ministry of National Economy within 30 calendar days after import, transit or export of goods by a registered letter.
41. The Ministry of National Economy must immediately inform the Customs Department under the Ministry of Finance about the decision not to issue, suspend or revoke the licence.
42. Copy B of import, transit and export licences must be kept with the territorial Customs, where the inland Customs offices accomplished the customs clearance procedure of import, transit and export control of controlled goods according the procedure established by the Customs Department under the Ministry of Finance.
43. The Ministry of National Economy has the right to suspend or revoke the issued licence in the cases provided for in the Republic of Lithuania Law on Control of Import, Transit and Export of Strategic Goods and Technologies and Resolution No. 573 of the Government of the Republic of Lithuania approved on 6 June
45. In the event of suspending or revoking the licence, the importer, carrier, exporter or the authorized person shall be immediately informed about it and he must return the issued licence to the Ministry of National Economy.
46. The import certificate (in accordance with the attached form EK-3 prepared by the Ministry of National Economy) shall be issued in four copies: 23.
47. the original; 23.
48. copy A; 23.
49. copy B; 23.
50. copy C.
51. The original must be submitted to the state institutions of the importing state exercising control of controlled goods.
52. Copy A shall be given to the importer or the authorized person.
53. Copy B must be submitted to the Customs.
54. Copy C must be kept with the Ministry of National Economy. Use of Import, Transit, Export Licences and Import Certificate
55. The licence shall be valid for 6 months.
56. The import certificate becomes invalid providing it is not presented to competent state institutions of the exporting state within 6 months from the day of its issuance.
57. The Ministry of National Economy, following the decision of the expert group, can extend the term of validity of the licence.
58. An application to extend the validity of a licence must be submitted in writing to the Ministry of National Economy 20 days prior to the end of the expiry date of the licence. In submitting the application all the documents, indicated in Article 3 of the present Procedure, shall be filled in again.
59. The importer, carrier, exporter or the authorized person, in possession of the licence which has not been used and which is past the expiry date, must immediately return the unused import, transit and export licence together with a written explanation why the licence has not been used.
60. In the event of loss of an import, transit or export licence, the importer, carrier, exporter or the authorized person must immediately inform about it in writing the Ministry of National Economy.
61. Economic entities must store information about the concluded contracts relating to import, transit and export of controlled goods for five or more years, if this is provided for in legal acts of the Republic of Lithuania. Special Regulations of Carrying out Customs Procedure and Issuance of Delivery Verification Certificate
62. Customs control and registration of the documents of controlled goods being imported, carried in transit or exported are carried out in the procedure established by the Republic of Lithuania laws and other legal acts. The importer, carrier, exporter or the authorized person must inform the territorial Customs (where the controlled goods are planned to be submitted to the inland Customs office) not later than two working days in advance.
63. Controlled goods can be brought into the Customs territory of the Republic of Lithuania, taken out of the Customs territory of the Republic of Lithuania or carried in transit through the Customs territory of the Republic of Lithuania at the following territorial Customs points: Vilnius territorial Customs point of Medininkai Road, Vilnius Airport point, Vaidotai Railway point, Kaunas territorial Customs of Kaunas Airport point, Klaipëda territorial Customs of Vitë Sea Port point, Smeltë Sea Port point, Kurðiai Sea Port point, Alytus territorial Customs of Ðeðtokai Railway point, Marijampolë territorial Customs of Kalvarija Road point, Kybartai Road point, Kybartai Railway point, Panevëþys territorial Customs of Solaèiai Road point, Tauragë territorial Customs of Panemunë Road point.
64. Controlled goods are permitted to be transported via other territorial Customs points upon a separate decision made by the Government of the Republic of Lithuania.
65. Customs procedure of import, transit and export of controlled goods shall be carried out only upon producing the import, transit or export licence issued by the Ministry of National Economy. Import and export procedures of these goods shall be performed only at Customs Offices established by the Customs Department under the Ministry of Finance and located within the Customs territory of the Republic of Lithuania.
66. Clearance of exported strategic goods at the Customs Office located within the Customs territory of the Republic of Lithuania shall be carried out only upon producing the export licence.
67. A delivery verification certificate shall be issued at the territorial Customs the activity zone of which includes the importer of controlled goods.
68. A delivery verification certificate (according to the attached form prepared by the Customs Department under the Ministry of Finance) shall be issued in three copies: A - to the importer; B - to be presented to the Ministry of National Economy; C - to be left with the territorial Customs which issued the delivery verification certificate.
69. The importer of controlled goods or his authorized person must apply, within 5 working days after the import procedure of controlled goods has been carried out, to the territorial Customs where the inland Customs office accomplished the clearance procedure, with the request to issue a delivery verification certificate
70. The application to issue a delivery verification certificate shall be written in a free form and submitted to the Head of the territorial Customs.
71. The Customs shall forward copy B of the delivery verification certificate to the Ministry of National Economy by a registered letter within 30 calendar days from the day of its issuance.
72. In the procedure established by the Customs Department under the Ministry of Finance the territorial Customs shall submit to the Customs Department the list of delivery verification certificates issued during the past month and their copies by the 10th of each month.
73. The Customs Department under the Ministry of Finance shall present the data on delivery verification certificates issued during the past quarter by the 20th of the first month of each quarter. _______________