REPUBLIC OF LITHUANIA LAW ON LOBBYING ACTIVITIES 27 June 2000 No VIII-1749 Vilnius (Last amended on 6 November 2012 – No

REPUBLIC OF LITHUANIA LAW ON LOBBYING ACTIVITIES 27 June 2000 No VIII-1749 Vilnius (Last amended on 6 November 2012 – No XI-2331) CHAPTER ONE GENERAL PROVISIONS Article

1. Purpose and tasks of the Law This Law shall regulate lobbying activities, their control and liability for violations of this Law. The Law shall seek to ensure publicity and transparency, prevent illegal lobbying activities. Article
2. Definitions
3. “Person” means a natural or legal person.
4. "Lobbyist" means a natural or legal person recorded in the Register of Lobbyists in accordance with the procedure laid down by this Law.
5. "Lobbying activities" means actions taken by a natural or legal person for or without compensation in an attempt to exert influence to have, in the interests of the client of lobbying activities, legal acts modified or repealed, or new legal acts adopted or rejected.
6. "Client of lobbying activities" means a natural or legal person (except the persons specified in Article 8 of this Law) who has concluded with a lobbyist a contract on lobbying activities in compliance with the requirements of the Civil Code of the Republic of Lithuania or other legal acts of the Republic of Lithuania.
7. "Lobbyist's report" means an official report on lobbying activities, income and expenditure, which must be filed by a lobbyist in accordance with the procedure laid down by this Law.
8. "Lobbyist's expenses" means lobbyist's expenditure incidental to lobbying activities.
9. "Lobbyist's income" means lawful compensation received for lobbying activities from a client of lobbying activities. Article
10. Persons not entitled to be lobbyists
11. A natural person shall not be entitled to be a lobbyist if he is: 1) under the age of 18; 2) a state politician, state officials, civil servants or judges; 3) a former state politician, state official, civil servant or judge, if less than one year has elapsed from the expiry of his term of office or the powers, or his dismissal until the filing of an application for recording him in the Register of Lobbyists; 4) convicted for a deliberate crime, provided that his conviction has not expired or has not been annulled.
12. A legal person shall not be entitled to be a lobbyist if: 1) the employee of the legal person who will be or is carrying out lobbying activities meets at least one of the conditions listed in paragraph 1 of this Article; 2) it is a state or municipal institution.
13. Natural or legal persons shall not be entitled to be lobbyists if the time limit fixed in paragraph 8 of Article 10 of this Law has not expired. Article
14. Rights and duties of lobbyists
15. A lobbyist shall have the right to: 1) participate in accordance with the procedure laid down by legal acts in the drafting and draft legal acts, submit proposals and explanations on the issues related to the drafting of legal acts; 2) conduct on his own initiative the expert examination of legal acts or drafts of legal acts, submit conclusions and commentaries on drafts to clients of lobbying activities; 3) to explain to the public, convince state and municipal institutions or agencies that it is expedient to adopt or defeat a certain legal act, to amend or supplement an effective legal act or to declare it invalid; 4) to inform the public, undertakings, agencies or organisations about drafts of legal acts which are being prepared in the Seimas, the Government or other state or municipal institutions; 5) make reports through the mass media and participate in public events; 6) collect data and information about the legislative procedure and submit it to clients of lobbying activities; 7) propose to legislators to initiate amendments of the legal acts; 8) organise meetings of legislators with representatives of a client of lobbying activities; 9) organise a public-opinion poll regarding the adoption of a draft of a legal act or the implementation of a legal act; 10) organise representational and other events on legislative issues; 11) organise meetings of state politicians, state officials and civil servants with the public on legislative issues; 12) obtain from state or municipal institutions and establishments copies of draft legal acts and other information, if this is in compliance with the laws of the Republic of Lithuania; 13) in a manner prescribed by law to authorise another person to present a report on lobbying activities in the name of the lobbyist.
16. The lobbyist must: 1) terminate lobbying activities no later than within one working day from the moment of his (or the person’s carrying out lobbying activities) being elected a state politician or appointed a state official, civil servant or judge and immediately inform in writing the Chief Official Ethics Commission thereabout; 2) act in compliance with this Law, other legal acts of the Republic of Lithuania and the Lobbyists’ Code of Ethics. Article
17. Duties of other persons
18. State or municipal institutions must create conditions for legal lobbying activities.
19. State politicians, state officials or civil servants must not constrain legal lobbying activities and must not interfere with the implementation by lobbyists of lawful interests of clients of lobbying activities. Article
20. Illegal lobbying activities Lobbying activities shall be considered illegal if: 1) they are performed by a person who is not recorded in the Register of Lobbyists or who is not entitled to be a lobbyist; 2) a lobbyist carries out them after his lobbying activities have been suspended in accordance with the procedure laid down by this Law; 3) a former lobbyist continues to carry out them after his lobbying activities have been terminated in accordance with the procedure laid down by this Law; 4) state politicians, state officials or civil servants are deliberately misled or deceived by indicating the facts or circumstances which may lead to a decision to modify or repeal a legal act, or to adopt a new legal act; 5) the aim of such activities is to exert influence to have a legal act which is directly related to the election of the lobbyist a state politician or to the appointment of the lobbyist a state official, civil servant or judge, adopted or rejected, modified or repealed; 6) carried out in the name of a non-existent client of lobbying activities; 7) the lobbyist directly or indirectly declares or states to be capable of influencing the legislative procedure, a state politician, state official or civil servant; 8) the lobbyist concurrently represents several clients of lobbying activities with opposing interests. Article
21. Activities not considered lobbying The following activities shall not be considered lobbying: 1) activities or work of owners, publishers or employees of the mass media means related to information about legal acts and their drafts: publication of the whole text or a part of it, review, comments. This provision shall not apply when owners, publishers or employees of the mass media means receive remuneration for lobbying activities; 2) activities of the persons who at the invitation of state and municipal institutions or establishments participate as experts or specialists for or without a compensation in the preparation, consideration or explanation of draft legal acts; 3) activities carried out by state politicians, state officials or civil servants with the aim of initiating, preparing, considering, adopting and explaining draft laws and other legal acts, when such activities are carried out in accordance with their official powers granted to them by legal acts; 4) activities of non-profit organisations aimed at exerting influence in the common interests of their members to have legal acts modified or repealed, new legal acts adopted or rejected; 5) activities of scientists (pedagogues), except in the cases when they act in the interests of a client of lobbying activities; 6) an opinion expressed by a natural person regarding modification or repeal of legal acts, adoption or rejection of new legal acts, except in the cases when that natural person acts in the interests of a client of lobbying activities. Article
22. Person who is prohibited from being a client of lobbying activities The following shall be prohibited from being a client of lobbying activities: 1) a state politician; 2) a state official, civil servant or judge; 3) state and municipal institutions or establishments; 4) state or municipal enterprises. CHAPTER TWO REGISTER OF LOBBYISTS Article
23. Recording of a person in the Register of Lobbyists
24. A person who wishes to engage in lobbying activities shall file to the Chief Official Ethics Commission the following documents of a pre-defined form: an application for being recorded in the Register of Lobbyists, a lobbyist’s questionnaire and a declaration.
25. The application for being recorded in the Register of Lobbyists shall contain: 1) the name and surname, personal number, place of residence, place of work within the last one year - if an application is filed by a natural person; 2) the name, registration number, address of the head office - if a legal person files an application; 3) information about employees of a legal person (names, surnames, personal numbers) who will engage in lobbying activities - if an application is filed by a legal person.
26. The Chief Official Ethics Commission shall set the forms of the documents specified in paragraph 1 of this Article. The Chief Official Ethics Commission shall have the right to request from persons who wish to engage in lobbying activities, as well as from state and municipal institutions or establishments the additional information or documents necessary for taking a decision regarding the recording of the person in the Register of Lobbyists.
27. The number of lobbyists shall not be limited.
28. The Chief Official Ethics Commission shall, within 5 working days from the date of filing of the documents referred to in paragraph 1 of this Article, examine the documents and make a decision regarding the recording of the person in the Register of Lobbyists. In the event additional information is needed, the time limit for consideration of an application shall be counted from the day of receipt of all necessary information.
29. The Chief Official Ethics Commission shall refuse to record a person in the Register of Lobbyists only if the person who has filed the application: 1) is not entitled to be a lobbyist in accordance with Article 3 of this Law; 2) submitted incorrect or incomplete data and additional information specified in this Article; 3) has been administratively punished less than a year ago for a violation of the Law on Lobbying Activities.
30. The Chief Official Ethics Commission shall, within 5 working days of taking the decision to record or refuse to record the person in the Register of Lobbyists, notify in writing the person concerned. A person who received a notification about the decision to record him in the Register of Lobbyists, must, within one month from the day of receipt of such notification, pay state fees and charges and present to the Chief Official Ethics Commission a document confirming the payment thereof. A person who has in due time presented a document evidencing the payment of a state fee, shall be issued a lobbyist's certificate. The Chief Official Ethics Commission shall set the form of a lobbyist’s certificate. If a person fails to present in due time a document evidencing the payment of a state fee, the Chief Official Ethics Commission shall revoke the decision to record the person in the Register of Lobbyists and shall make a decision to refuse to record the person in the Register of Lobbyists. Article
31. Suspension, renewal, termination and expiry of lobbying activities
32. Lobbying activities shall be suspended if: 1) a lobbyist himself or through his authorised person has applied in writing to the Chief Official Ethics Commission with respect to suspending lobbying activities; 2) a lobbyist has not presented in due time a report on lobbying activities; 3) a lobbyist is suspected of having committed a premeditated crime.
33. In the case specified in subparagraph 1 of paragraph 1 of this Article lobbying activities shall be suspended for a period of time indicated by the lobbyist. In the case specified in subparagraph 2 of paragraph 1 of this Article lobbying activities shall be suspended for a period of time not exceeding one month for the elimination of violations. In the case specified in subparagraph 3 of paragraph 1 of this Article lobbying activities shall be suspended for a natural person until pre-trial investigation is terminated, criminal proceedings are terminated or a judgment of acquittal is passed.
34. Lobbying activities shall be terminated if: 1) a lobbyist himself or through his authorised representative has applied in writing to the Chief Official Ethics Commission with respect to termination of lobbying activities; 2) a lobbyist continues carrying out lobbying activities after they have been suspended in compliance with the provisions of paragraph 1 of this Article; 3) the Chief Official Ethics Commission establishes that a lobbyist carries out the illegal lobbying activities specified in Article 6; 4) violations because of which the lobbying activities have been suspended, are not eliminated within the time limit set in paragraph 2 of this Article; 5) conviction for a premeditated crime comes into force.
35. A decision to suspend or terminate lobbying activities shall be made by the Chief Official Ethics Commission. The Chief Official Ethics Commission must, within 5 working days of the making of a decision to suspend or terminate lobbying activities, inform in writing a lobbyist about such decision.
36. The Chief Official Ethics Commission shall take a decision to renew the suspended lobbying activities not later than within 5 working days from the day: 1) the violations because of which the lobbying activities have been suspended, are eliminated; 2) a written application of the lobbyist is received indicating that he wishes to renew lobbying activities suspended on his own request; 3) criminal proceedings are terminated or a judgment of acquittal comes into force.
37. Lobbying activities shall expire when a lobbyist – a natural person dies or a lobbyist - a legal person is liquidated.
38. Upon the termination or expiry of lobbying activities, a lobbyist shall be struck off the Register of Lobbyists.
39. A person, whose lobbying activities have been terminated in the cases specified in subparagraphs 2-4 of paragraph 3 of this Article, shall have no right to engage in lobbying activities for a period of 5 years from the date of making a decision to terminate lobbying activities. Article
40. Report on lobbying activities
41. A lobbyist must file to the Chief Official Ethics Commission a report on lobbying activities for the previous calendar year no later than by 15 February of the current year. The Chief Official Ethics Commission shall define the form of the report on lobbying activities.
42. A lobbyist shall have the right to apply to the Chief Official Ethics Commission with a reasoned letter to extend the time limit for submission of a report on lobbying activities. The Chief Official Ethics Commission shall have the right to extend the time limit for filing a report on lobbying activities for a period not exceeding 30 days.
43. In a report on lobbying activities a lobbyist must indicate: 1) his name, surname (if a lobbyist is a natural person), a name (if a lobbyist is a legal person), the number of a lobbyist's certificate; 2) the name, surname or a name of each client of lobbying activities, personal or registration number, address of a place of residence or the head office; 3) a title of a legal act or a draft of a legal act with respect to which he acts as a lobbyist; 4) lobbyist’s income gained from lobbying activities; 5) lobbyist’s expenditure on lobbying activities.
44. A lobbyist must submit a report on lobbying activities even in the cases when he has not received lobbyist's income and has not incurred lobbyist's expenses during the reporting period.
45. A lobbyist or a person authorised by him (of the lobbyist is a legal person) must himself file a signed report on lobbying activities.
46. Termination of lobbying activities does not relieve a lobbyist of the obligation to file a report on lobbying activities in due time.
47. If lobbying activities are terminated, the lobbyist must, no later than within 10 working days of receipt of the notification about the decision to terminate lobbying activities, file a final report on lobbying activities for the period from the report on lobbying activities for the previous calendar year to the date of termination of lobbying activities. Article
48. Other restrictions on lobbying activities
49. A lobbyist and a client of lobbying activities shall be prohibited from agreeing on a compensation for lobbying activities the size of which depends on the actual modification, repealing or rejection of a certain legal act, or adoption or rejection of a new legal act.
50. It shall be prohibited to finance lobbying activities from the state or municipal budgets. CHAPTER THREE CONTROL OF LOBBYING ACTIVITIES AND PROVISION OF INFORMATION Article
51. Control of lobbying activities
52. Lobbying activities shall be controlled by the Chief Official Ethics Commission in accordance with the procedure laid down by this Law.
53. The Chief Commission of Official Ethics: 1) shall analyze and summarize the practice of application of this Law; 2) shall apply to the court with a request to terminate or repeal the decisions or transactions taken or entered into in conflict with this Law; 3) may conduct an investigation or instruct the head of an institution or a person authorised by him to conduct an investigation if it comes to its knowledge that persons do not abide by the requirements of this Law; 4) prepare and approve the Lobbyists’ Code of Ethics.
54. The Chief Official Ethics Commission shall have the right to: 1) check lobbying activities; 2) obtain from state or municipal institutions and other persons any necessary information, explanations, orders, decisions and other documents related to the implementation of this Law; 3) inspect reports on lobbying activities; 4) check persons’ activities if it comes to its knowledge that they engage in illegal lobbying activities.
55. The person concerned shall have the right to appeal against the decisions of the Chief Official Ethics Commission in accordance with the procedure laid down by the Law on Administrative Proceedings within one month of the publication of the decision or its delivery to the person concerned.
56. By 15 May every year the Chief Official Ethics Commission shall file to the Seimas of the Republic of Lithuania an annual report on the control of lobbying activities. Article
57. Information about lobbying activities
58. Information about lobbying activities shall be available to the public. The Chief Official Ethics Commission may not restrict persons' rights to receive data and information about lobbying activities (lobbyists, legal acts and draft legal acts with respect to which lobbying activities have been performed).
59. Information about lobbyists recorded in the Register of Lobbyists, suspension, renewal, termination or expiry of lobbying activities shall be published on the website of the Chief Official Ethics Commission.
60. Any other information about lobbying activities may also be published on the website of the Chief Official Ethics Commission. CHAPTER FOUR LIABILITY Article
61. Liability for violations of this Law
62. Persons who have violated the requirements of this Law shall be held liable in accordance with the procedure established by law.
63. Persons whose illegal lobbying activities have caused damage to other people shall compensate for the loss in accordance with the procedure established by law.