LIETUVOS RESPUBLIKOS

LIETUVOS RESPUBLIKOS REPUBLIC OF LITHUANIA LAW AMENDING THE LAW ON INTELLIGENCE 17 October 2012  No XI-2289 Vilnius Article 1. Revised Version of the Law of the Republic of Lithuania on Intelligence The Law of the Republic of Lithuania on Intelligence shall be amended and set forth to read as follows: “Republic of Lithuania LAW ON INTELLIGENCE CHAPTER ONE GENERAL PROVISIONS Article 1. Purpose of the Law This Law shall stipulate the legal grounds for activities of intelligence institutions, the objectives, areas and principles of activities, rights and duties, structure of the institutions, the grounds for and ways of exercising of control of their activities, also the status of intelligence officers, the course of their service, official liability, basic pay, social benefits and other guarantees. Article 2. Definitions 1. Counterintelligence shall mean the activities of institutions authorised under this Law including collection, processing, and assessment of information on internal risks, dangers and threats to national security and national interests of the Republic of Lithuania and provision of such information to the institutions ensuring national security, also the activities aimed at elimination of such risks, dangers and threats. 2. Misconduct in office shall be a culpable act (act or omission), as stipulated by this Law, which is in conflict with law and which incurs liability. 3. Intelligence shall mean the activities of institutions authorised under this Law including collection, processing, and assessment of information on external risks, dangers and threats to national security and national interests of the Republic of Lithuania and provision of such information to the institutions ensuring national security. 4. Intelligence information shall mean data obtained in the process of intelligence and counterintelligence. The data obtained in the course of conducting criminal intelligence investigation shall not constitute intelligence. 5. Intelligence institution shall mean a state institution which, in accordance with the procedure laid down by this Law, has been tasked with intelligence and counterintelligence. 6. Activities of an intelligence institution shall mean the activities of intelligence, counterintelligence and internal administration carried out by an intelligence institution. 7. Intelligence method shall mean a means of obtaining intelligence information. 8. Intelligence officer shall mean a person who serves at an intelligence institution under a contract on intelligence service or professional military service and who carries out intelligence or counterintelligence and/or who is subject to special conditions of recruitment to and fulfilment of service, activity restrictions and prohibitions and restrictions on private life. An intelligence officer shall be held equal to a statutory civil servant. 9. Demeaning of the name of an intelligence officer shall mean an officer’s act, whether related or not related to performance of duties, whereby the officer degrades the authority of an intelligence institution, destroys trust in the intelligence institution or demeans it and creates a negative misleading public opinion about the institution and officials thereof. 10. Covert human intelligence source shall mean a legally capable natural person who is engaged in covert cooperation with an intelligence institution on a contractual basis. 11. Intelligence task shall mean a written document stipulating assignments to obtain and submit intelligence information to persons duly authorised to possess it and serving as a basis for intelligence and counterintelligence. Article 3. Legal Grounds for Activities of Intelligence Institutions In performing their assignments, intelligence institutions shall be guided by the Constitution of the Republic of Lithuania, the Law of the Republic of Lithuania on the Basics of National Security, this Law, other legal acts and international treaties to which the Republic of Lithuania is a party. Article 4. Principles of Activities of Intelligence Institutions 1. The activities of intelligence institutions shall be based on general legal and special principles. 2. The activities of intelligence institutions shall be carried out in compliance with the following general legal principles: 1) lawfulness; 2) allegiance to human rights and fundamental freedoms, 3) precedence of public and national interests; 4) accountability to the main government institutions of the State in charge of ensuring of national security. 3. Special principles of activities of intelligence institutions shall be as follows: 1) political neutrality – intelligence institutions and intelligence officers may not use the powers granted to them so that they wilfully interfere, by their active or passive conduct, in the democratic processes taking place in the State and participate in political decision-making; 2) prohibition of publication of activity methods – the methods of activities of intelligence institutions are not public and may not be disclosed to persons not engaged in intelligence and counterintelligence or not exercising control or coordination of these activities; 3) timeliness – intelligence information must be provided to institutions ensuring national security within a reasonable time limit; 4) objectivity – intelligence information may not be distorted and biased; 5) clarity – intelligence information must be provided in a manner that would prevent it from being interpreted ambiguously and differently. Article 5. Protection of Information on Intelligence Institutions and Activities Thereof Intelligence tasks, intelligence information, intelligence methods, information on the activities of intelligence institutions, covert human intelligence sources, funding of intelligence institutions, and their logistics support shall be classified, declassified and processed in accordance with the procedure laid down by laws. CHAPTER TWO AIM OF ACTIVITIES OF INTELLIGENCE INSTITUTIONS, OBJECTIVES OF INTELLIGENCE AND COUNTERINTELLIGENCE Article 6. Main Aim of Activities of Intelligence Institutions The main aim of activities of intelligence institutions shall be to strengthen national security of the Republic of Lithuania by collecting information on risks, dangers and threats, providing it to institutions ensuring national security and eliminating these risks, dangers and threats. Article 7. Objectives of Intelligence and Counterintelligence 1. The objective of intelligence shall be to forecast and identify risks, dangers and threats arising from abroad and capable of affecting the sovereignty of the State, inviolability and integrity of its territory, constitutional order, interests of the State and its defence and economic power. 2. The objectives of counterintelligence shall be as follows: 1) to forecast, identify and eliminate risks, dangers and threats arising within the Republic of Lithuania and capable of affecting public political and economic processes, also capable of impairing the sovereignty of the State, inviolability and integrity of its territory, constitutional order, interests of the State and its defence and economic power; 2) to identify the activities of foreign intelligence and security institutions and related persons capable of impairing the sovereignty of the State, inviolability and integrity of its territory, constitutional order, interests of the State and its defence and economic power, and eliminate these risks, dangers and threats; 3) to organise and implement the protection of information comprising a state secret or an official secret and control the protection of such information within the Republic of Lithuania and at institutions of the Republic of Lithuania abroad. SECTION THREE INTELLIGENCE INSTITUTIONS, AREAS OF ACTIVITIES, RIGHTS AND DUTIES THEREOF Article 8. Intelligence Institutions and Areas of Activities Thereof 1. Activities of intelligence institutions in the Republic of Lithuania shall be carried out by the following institutions: 1) the State Security Department of the Republic of Lithuania (hereinafter: ‘the State Security Department’) – a state institution accountable to the Seimas of the Republic of Lithuania (hereinafter: ‘the Seimas’) and the President of the Republic; 2) the Second Investigation Department under the Ministry of National Defence (hereinafter: ‘the Second Investigation Department’) – an institution of the system of national defence subordinate to the Minister of National Defence. 2. The State Security Department shall engage in intelligence and counterintelligence: 1) in public political, economic, scientific, technological and information activity areas, with the exception of the areas indicated in point 1 of paragraph 3 of this Article; 2) in the area of security of the state diplomatic service of the Republic of Lithuania and other institutions of the Republic of Lithuania operating abroad, with the exception of the institutions indicated in point 2 of paragraph 3 of this Article; 3) in the areas of protection of information comprising a state secret and an official secret, with the exception of the institutions indicated in point 3 of paragraph 3 of this Article; 4) in the area of installation and operation of electronic communications networks intended for state governance and cryptographic and other protection thereof. 3. The Second Investigation Department shall engage in intelligence and counterintelligence: 1) in defence, military/political, military/economic, military/technological and military/information areas; 2) in the area of activities of institutions of the national defence system of the Republic of Lithuania abroad; 3) in the area of protection of information comprising a state secret and an official secret of institutions of the national defence system of the Republic of Lithuania. Article 9. Rights and Duties of Intelligence Institutions 1. An intelligence institution shall be granted the following rights in implementing the objectives assigned to it: 1) to apply intelligence methods; 2) to carry out, in accordance with the procedure laid down by this Law, the actions sanctioned by court; 3) to conduct criminal intelligence investigation in the cases and in pursuit of the goals specified by this Law; 4) to obtain from institutions, undertakings, agencies and organisations the information which is necessary for intelligence institutions; 5) to cooperate, with a view to ensuring national security of the Republic of Lithuania, with intelligence and security institutions of foreign states, international organisations and institutions; 6) to cooperate with legal and natural persons; 7) to classify intelligence officers, encrypt their service affiliation, classify and encode the identity of intelligence officers and covert human intelligence sources, service affiliation of premises, vehicles and means of communication of intelligence institutions, also other technical means; 8) to establish cover legal entities and make use thereof; 9) to use the documents and means not disclosing the identity and service affiliation; 10) to acquire and use technical and other means and materials required for activities of intelligence institutions and protection of intelligence officers, covert human intelligence sources and their family members, premises of intelligence institutions or another property; 11) to carry out auxiliary activities required for the carrying out of activities of intelligence institutions, that is, to organise and carry out the activities of maintenance and upkeep of premises, buildings and the territory, maintenance of technical systems and vehicles, catering and other administrative, logistics support activities using internal human resources and funds of the State Budget; 12) to keep accounts, in accordance with the procedure laid down by the Government of the Republic of Lithuania (hereinafter: ‘the Government’), of income and tangible assets received in the course of application of intelligence methods and carrying out of information collection actions, whether sanctioned or not sanctioned by court, or conducting of criminal intelligence investigation and use such income and assets for the activities of intelligence institutions; 13) to engage experts and professionals; 14) to procure service firearms; 15) to perform a polygraph test in accordance with the procedure laid down by law; 16) to organise the training of intelligence officers and improvement of their professional qualifications; 17) to receive support from foreign states, international organisations and institutions; 18) to adopt, within its remit, the legal acts regulating the activities of intelligence institutions. 2. An intelligence institution shall be subject to the following duties: 1) to provide to state institutions ensuring national security of the Republic of Lithuania the intelligence information required for performance of functions thereof; 2) to notify in writing the state institutions whereto intelligence institutions are accountable of the activities carried out by the intelligence institutions and cooperation with foreign intelligence and security institutions, international organisations and institutions; 3) to ensure their own security and the protection of intelligence officers and covert human intelligence sources and family members thereof; 4) to manage intelligence information; 5) to process personal data; 6) to provide public information about its activities to the public. CHAPTER FOUR GROUNDS FOR INTELLIGENCE AND COUNTERINTELLIGENCE, COLLECTION, PROCESSING, USE AND PROVISION OF INTELLIGENCE INFORMATION Article 10. Grounds for Intelligence and Counterintelligence 1. Intelligence and counterintelligence shall be based on intelligence tasks in compliance with the intelligence information needs and priorities as approved by the State Defence Council. 2. Intelligence tasks shall be set for subordinate intelligence institutions by the Minister of National Defence and the Director of the State Security Department in compliance with the intelligence information needs and priorities as approved by the State Defence Council with a view to implementing the objectives of intelligence and counterintelligence. Article 11. General Provisions of Collection of Intelligence Information Intelligence information shall be collected in the course of: 1) application of intelligence methods; 2) carrying out of actions sanctioned by court; 3) obtaining of data from state and departmental registers, information systems and databases; 4) obtaining of data from legal and/or natural persons. Article 12. Collection of Intelligence Information in the Course of Application of Intelligence Methods Intelligence methods, the procedure and time limits for applying them and the conditions of their application shall be specified by the Government. Article 13. Collection of Intelligence Information in the Course of Carrying out of Actions Sanctioned by Court 1. Under a regional court’s reasoned ruling, the following actions may be carried out: 1) monitoring and recording of the content of information transmitted by electronic communications networks, correspondence and other personal communications; 2) entering a person’s dwelling, other premises or vehicles, inspection and documenting thereof; 3) seizure or covert inspection and registration of documents or items; 4) obtaining of information on electronic communications events; 5) monitoring and recording of funds, monetary flows, securities, electronic and other means of payment, also any other financial operations. 2. The actions referred to in paragraph 1 of this Article shall be sanctioned by a reasoned ruling of a judge of a regional court authorised by the chairman of such court under reasoned applications of heads of intelligence institutions or their authorised deputies. 3. An application of heads of intelligence institutions or their authorised deputies to a regional court shall contain: 1) data on natural persons (name, surname, personal number) or legal persons (address of the registered office, company’s number) or objects (description thereof) subject to such actions; 2) data (grounds) substantiating the necessity of carrying out sanctioned actions; 3) data on the terminal equipment to be used to transmit information (identification number, name and/or the location of the terminal equipment), where it is intended to control the content of information transmitted by electronic communications networks; 4) specific actions requested to be carried out; 5) the duration of the requested actions; 6) the result aimed at. 4. In the event of a change of the terminal equipment used for covert monitoring and recording of information transmitted by electronic communications networks under a reasoned court ruling or if it is established that a person uses also other terminal equipment for transmission of information, the control and recording of the information which is transmitted by other terminal equipment used by the same person shall be commenced and carried out upon notification, by the head of an intelligence institution, of a regional court which has sanctioned the control of information transmitted by electronic communications networks. Upon receipt of information from the intelligence institution, the regional court shall authorise control of terminal equipment or require to terminate such actions. The regional court shall adopt a decision and notify the intelligence institution thereof without delay. 5. A ruling authorising the actions referred to in paragraph 1 of this Article must indicate: 1) the head of the intelligence institution which has filed the application or his authorised deputy (name, surname, position); 2) data on natural persons (name, surname, personal number) or legal persons (address of the registered office, company’s number) or objects (description thereof) subject to such actions; 3) data (grounds) substantiating the necessity of carrying out sanctioned actions; 4) actions authorised to be carried out; 5) the duration of the authorised actions; 6) the result aimed at. 6. The actions indicated in paragraph 1 of this Article may not last longer than six months. When necessary, the time limit for carrying out these actions may be extended for up to three months. The number of extensions shall not be restricted. A regional court shall, in each case of extension of an authorisation for the carrying out of actions sanctioned by the court for another three months, assess the grounds for submission of the application for extension of these actions. 7. Intelligence institutions shall have the right to refer to any regional court for sanctioning of the actions indicated in paragraph 1 of this Article. Where the court refuses to sanction the actions, it shall be prohibited to refer to another regional court for sanctioning of the same actions. 8. A ruling of the judge referred to in paragraph 2 of this Article refusing to sanction the actions indicated in paragraph 1 of this Article or refusing to extend the time limit for carrying out these actions may be appealed against to the chairman of the regional court within seven days from the receipt of the ruling. The chairman of the regional court must examine the appeal and issue a ruling thereon not later than within seven days from the receipt of the appeal. The decision of the chairman of the regional court shall be final. Article 14. Collection of Intelligence Information from State and Departmental Registers, Information Systems and Databases 1. In implementing the tasks assigned to them, intelligence institutions shall have the right to obtain the data required for their activities from state and departmental registers, information systems and databases. 2. State and municipal institutions, agencies, enterprises and organisations, other legal persons performing the functions delegated by the State must, under individual arrangements, provide conditions for intelligence institutions to use, for no consideration, the state and department registers, information systems and databases managed by them, also submit to the intelligence institutions, for no consideration, the information accumulated, stored and/or processed in the state and departmental registers, information systems or databases managed by them, where such information is required by the intelligence institutions in implementing the tasks assigned thereto. 3. Data of the state and departmental registers, information systems and databases managed by state and municipal institutions, agencies, enterprises, organisations and other legal persons performing the functions delegated by the State shall be provided in the manner specified by the Law of the Republic of Lithuania on Management of State Information Resources or by providing to intelligence institutions a regularly updated extract from the state and departmental registers, information systems or databases, where it is necessary to ensure the security of activities of the intelligence institutions. 4. Information on provision of data from state and departmental registers, information systems and databases to intelligence institutions shall not be disclosed to third parties. Article 15. Obtaining of Data from Persons 1. In implementing the tasks assigned to them, intelligence institutions may, by a reasoned letter of heads of these institutions or authorised intelligence officers, request persons to provide the data required for their activities. 2. Where a person fails, within a time limit indicated by an intelligence institution, to submit the requested data or refuses to submit them, intelligence institutions shall have the right to request a regional court to impose an obligation to provide the data required for implementation of objectives of the intelligence institutions. The ruling of the regional courts may be appealed against to the Lithuanian Court of Appeal within seven days from the receipt of the ruling.  The Lithuanian Court of Appeal must examine the appeal and issue a ruling thereon not later than within seven days from the receipt of the appeal at the Court. The ruling of the Lithuanian Court of Appeal shall enter into force on the day of adoption thereof and shall not be subject to appeal. 3. Private legal persons shall provide the information accumulated, stored and/or processed in their databases to intelligence institutions under individual arrangements. Article 16. Processing of Intelligence Information 1. Intelligence institutions shall process intelligence information in accordance with the procedure laid down by this Law and other legal acts solely for the purposes specified by this Law and exclusively in implementing the objectives assigned thereto. In the event of contradictions between this Law and other laws as regards processing of intelligence information, the provisions of this Law shall apply. 2. The intelligence information collected in the course of carrying out of activities of intelligence institutions shall be processed in a manner so as to prevent unlawful or ungrounded disclosure of sources of intelligence information and violation of rights or legitimate interests of persons cooperating with the intelligence institutions. 3. Intelligence institutions shall process data on the following persons: 1) the persons whose actions may pose a threat to national security of the Republic of Lithuania, interests of the State and its defence and economic power; 2) the persons applying for an authorisation to handle or familiarise with information comprising a state or official secret and having given consent to processing of their personal data; 3) the persons the processing of whose data is necessary with a view to evaluating information on external risks, dangers and threats to national security of the Republic of Lithuania, interests of the State and its defence and economic power; 4) the persons whose data are provided by foreign intelligence and security institutions; 5) the persons who are or were linked with an intelligence institution by ties of service or cooperation. 4. Intelligence information shall be processed in accordance with the procedure laid down by the head of an intelligence institution. Article 17. Use of Intelligence Information 1. Intelligence institutions shall use intelligence information solely to implement the tasks assigned thereto and only for the purposes for which it has been collected. 2. On the basis of received intelligence information, intelligence institutions may initiate criminal intelligence investigation, where they obtain data on the criminal acts provided for in Articles 114, 118, 119, 121, 122, 124, 125, 126, 296 and 297 of the Criminal Code of the Republic of Lithuania and these data prove insufficient to initiate pre-trial investigation. 3. A decision on initiation of criminal intelligence investigation shall be taken by the head of an intelligence institution in accordance with the procedure laid down by internal legal acts of the intelligence institution. Upon initiation of criminal intelligence investigation, collection of investigation on a specific natural or legal person shall be terminated without delay. 4. The criminal intelligence investigation referred to in paragraph 2 of this Article shall be conducted in accordance with the procedure laid down by the Law of the Republic of Lithuania on Criminal Intelligence, and the data obtained in the course thereof may be used in accordance with the procedure laid down by the Law on Criminal Intelligence. After initiating criminal intelligence investigation, the provisions of this Law shall no longer apply. 5. The institutions ensuring national security of the Republic of Lithuania and other state institutions whereto intelligence information has been entrusted shall have the right to use such information: 1) for the purpose of implementation of specified tasks and performance of functions or decision-making; 2) for the purpose of conducting of criminal intelligence investigation; 3) in criminal proceedings. 6. The persons who unlawfully disclosed intelligence information or used this information for purposes other than provided for by this Law shall be held liable in accordance with the procedure laid down by legal acts. Article 18. Provision of Intelligence Information 1. Intelligence information shall be provided by an official document. 2. Intelligence institutions shall provide intelligence information: 1) the institutions ensuring national security of the Republic of Lithuania and other state institutions in compliance with the intelligence information needs and priorities as approved by the State Defence Council; 2) the institutions ensuring national security of the Republic of Lithuania and other state institutions concerning risks, dangers and threats not listed among the needs and priorities approved by the State Defence Council, but capable of affecting the ensuring of sovereignty of the State, inviolability and integrity of its territory, constitutional order, interests of the State and its and defence and economic power, and implementation of foreign policy of the Republic of Lithuania; 3) law enforcement institutions of the Republic of Lithuania for the purpose of initiation of criminal intelligence investigation or criminal proceedings. 3. Subject to individual requests, intelligence institutions shall have the right to provide intelligence information to: 1) the institutions ensuring national security of the Republic of Lithuania and other state institutions, where the requested information is related to the direct functions thereof and may be relevant for activities of such institutions; 2) international organisations and institutions and competent authorities of foreign states, where the possibility of provision of such information is provided for in international treaties or agreements; 3) the institutions exercising control of intelligence institutions, where other information previously provided proves insufficient for the performance of functions stipulated for them in legal acts or for adoption of decisions. 4. A decision on provision of intelligence information subject to individual requests or refusal to provide it shall be taken by the Director of the State Security Department or the Director of the Second Investigation Department or the persons authorised by them. 5. Provision of intelligence information shall be refused where: 1) the request to provide intelligence information does not contain the reasons for the request and the purpose of use of such information; 2) provision of intelligence information to an international organisation and institution or a competent authority of a foreign state may threaten the interests of national security or foreign policy; 3) this would cause damage to activities of an intelligence institution. 6. Heads of intelligence institutions must give a notice of the refusal to provide information without delay to state institutions to which the intelligence institutions are subordinate. CHAPTER FIVE COORDINATION AND CONTROL OF ACTIVITIES OF INTELLIGENCE INSTITUTIONS Article 19. Coordination of Activities of Intelligence Institutions 1. The activities of intelligence institutions shall be coordinated by the State Defence Council. The Council shall: 1) approve intelligence needs and priorities; 2) approve strategies of activities of intelligence institutions; 3) assess conformity of intelligence information to intelligence needs and priorities; 4) resolve the issues of coordination of activities of intelligence institutions; 5) establish guidelines for international cooperation of intelligence institutions with intelligence and security institutions of foreign states, international organisations and institutions. 2. The issues of interoperability and coordination of actions of intelligence institutions shall be resolved by heads thereof. Article 20. General Principles of Control of Activities of Intelligence Institutions 1. The head of an intelligence institution shall report to the State Defence Council on an annual basis for the activities of the intelligence institution directed by him and submit draft strategies of activities of the intelligence institution according to the areas of activities of the intelligence institution. 2. The persons exercising control of activities of intelligence institutions must hold authorisations to handle or familiarise with the information comprising a state secret and classified “Top Secret” and security clearances granting the right to handle or familiarise with the classified information released by foreign states or international organisations and assigned a classification equivalent to “Top Secret”. 3. When exercising control of activities of intelligence institutions, the data which might disclose the identity of classified intelligence officers or covert human intelligence sources, intelligence methods, means and tactics and undermine the activities of the intelligence institutions shall not be provided. Article 21. Parliamentary Scrutiny of Intelligence Institutions 1. Parliamentary scrutiny of intelligence institutions shall be exercised by a Seimas committee specified by the Statute of the Seimas in accordance with the procedure laid down by the Statute of the Seimas. 2. The Seimas committee shall: 1) control the compliance with laws and other legal acts of the Republic of Lithuania by intelligence institutions and intelligence officers in implementing the tasks assigned to them; 2) consider complaints of persons pertaining to actions of intelligence institutions and intelligence officers; 3) submit proposals concerning improvement of the legal acts related to activities of intelligence institutions and protection of human rights in the area of intelligence and counterintelligence; 4) establish shortcomings in activities of intelligence institutions and provide recommendations on elimination thereof. 3. The Seimas committee shall have the right to obtain and consider: 1) intelligence information needs; 2) reports on activities of intelligence institutions; 3) data on intelligence institutions’ need for funds of the budget and use thereof; 4) oral and written explanations of heads and officers of intelligence institutions and reports on implementation of laws and other legal acts of the Republic of Lithuania; 5) other information on the issues of activities of intelligence institutions. 4. The head of an intelligence institution shall annually submit a report on activities of the institution directed by him in accordance with the procedure laid down by the Statute of the Seimas. 5. Intelligence officers shall have the right to directly address the Seimas committee regarding the activities carried out by the intelligence institution. Article 22. Government Scrutiny of Intelligence Institutions 1. The Government shall exercise control over intelligence institutions within the remit established by the Constitution and laws of the Republic of Lithuania. 2. The Government shall: 1) provide to intelligence institutions, according the intelligence needs and priorities approved by the State Defence Council, the intelligence information needs required to ensure national security; 2) obtain from intelligence institutions, in accordance with the procedure laid down by this Law, information on risks, dangers and threats to national security. 3. Intelligence institutions shall submit to the Prime Minister annual assessment of risks, dangers and threats to national security and interests of the State and a report on the areas of their activities. The annual assessment of risks, dangers and threats to national security and interests of the State and the report shall be submitted prior to preparation of the Government report on the status and development of national security. The Prime Minister may familiarise specific ministers, in accordance with their remit, with the assessment and report submitted by the intelligence institutions. Article 23. Examination and Consideration of Complaints over Actions of Intelligence Officers Engaged in Intelligence and Counterintelligence Complaints over actions of intelligence officers resulting, when engaged in intelligence and counterintelligence, in violations of human rights or freedoms shall be examined and considered by Seimas Ombudsmen in accordance with the procedure laid down by the Law of the Republic of Lithuania on the Seimas Ombudsmen. Article 24. Internal Control of Intelligence Institutions 1. With a view to ensuring the legitimacy, economic advantage, effectiveness, efficiency and transparency of activities of an intelligence institution, the head of the intelligence institution shall, in organising the internal control of the intelligence institution at the institution directed by him: 1) establish the control divisions directly subordinate to him and performing, in the course of examination and assessment of activities of an intelligence institution, an assessment of activities, management, conformity, information systems and other assessment; 2) adopt, within his remit, the legal acts regulating internal control. 2. Intelligence institutions shall submit to a Seimas committee, on a biannual basis or at a separate request of this committee, systematised statistics on the results of internal control, also on the official internal investigations being conducted, personnel administration, structure and other information related to internal control. Article 25. Audit and Control of Financial Operations of Intelligence Institutions 1. Audit of intelligence institutions shall be carried and control of financial operations thereof shall be exercised in accordance with the procedure laid down by laws and other legal acts. 2. Heads of intelligence institutions shall, in compliance with the minimum financial control requirements approved by the Government or an institution authorised by it, create and supervise a mechanism of financial control at the institutions directed by them and approve financial control rules. Article 26. Provision of Information about Intelligence Institutions to the Public 1. Intelligence institutions shall, on an annual basis, publish unclassified activity reports and assessment of threats to national security according to the areas of their activities. 2. Other information on activities of intelligence institutions may be provided to the public or to individuals only by a decision of the head of an intelligence institution. CHAPTER SIX STRUCTURE AND MANAGEMENT OF INTELLIGENCE INSTITUTIONS Article 27. Intelligence Institutions 1. The State Security Department shall be a legal person funded from the State Budget and having a seal bearing the Lithuanian state emblem and the inscription "Republic of Lithuania. State Security Department" and bank accounts. 2. The Second Investigation Department shall be a legal person funded from the State Budget and having a seal bearing the Lithuanian state emblem and the inscription "Republic of Lithuania. Second Investigation Department under the Ministry of National Defence" and bank accounts. 3. Intelligence institutions shall have their flags, badges, medals and other insignia. Manufacturing of flags, badges, medals and other insignia of intelligence institutions in cases other than those ordered by the intelligence institutions shall be prohibited. The intelligence institutions shall have the exclusive right to handle and use these flags, badges, medals and other insignia 4. Flags, badges, medals and other insignia of intelligence institutions shall be approved by heads of these institutions. 5. The professional holiday of intelligence officers shall be 27 October – the Day of Intelligence Officers. Article 28. Structure of Intelligence Institutions 1. Intelligence institutions shall consist of boards, units, and subunits. 2. The regulations, structure and the list of positions of the State Security Department shall be approved by the Director of the State Security Department. 3. The regulations and structure of the Second Investigation Department, the list of positions, the maximum permissible number of intelligence officers and employees working under employment contracts (hereinafter: ‘employees’), also the annual limit number of servicemen and senior officers of each rank, generals and admirals shall be approved by the Minister of National Defence. 4. The maximum permissible number of intelligence officers of the State Security Department and employees working under employment contracts shall be set by the Board of the Seimas. Article 29. Personnel of Intelligence Institutions 1. The personnel of intelligence institutions shall consist of: 1) intelligence officers; 2) persons working under employment contracts. 2. The conditions of work of employees of an intelligence institution shall be established by the Labour Code of the Republic of Lithuania (hereinafter: ‘the Labour Code’) and other legal acts regulating labour relations, unless this Law establishes otherwise. 3. The servicemen fulfilling service at the Second Investigation Department shall be granted the status of a serviceman stipulated by the Law of the Republic of Lithuania on the Organisation of the National Defence System and Military Service (hereinafter: ‘the Law on the Organisation of the National Defence System and Military Service’). They shall be subject, without any reservations, to provisions of Articles 32 and 33, Article 34(4), Articles 39, 40, 41, 48 and 49, Article 51(1) and (2), Article 54(2) and Article 64, whereas other provisions of this Law shall apply to servicemen in professional military service (hereinafter: ‘a serviceman’) to the extent that their status is not specified by the legal acts regulating professional military service. Article 30. Positions of Intelligence Officers The list of positions of intelligence officers shall be as follows: 1) director; 2) deputy director; 3) head of the board; 4) deputy head of the board; 5) head of the unit; 6) deputy head of the unit; 7) head of the subunit; 8) chief specialist; 9) senior specialist; 10) specialist; 11) junior specialist. Article 31. Heads of Intelligence Institutions 1. The leadership of intelligence institutions shall consist of the director and deputy directors. 2. The following officers of the State Security Department shall be appointed and dismissed by the President of the Republic: 1) the Director – subject to the approval of the Seimas; 2) Deputy Directors – on recommendation of the Director. 3. The following officers of the Second Investigation Department shall be appointed and dismissed by the Minister of National Defence: 1) the Director; 2) Deputy Directors – on recommendation of the Director.  4. The persons having a record of minimum five years of experience in management may be appointed director and deputy directors of an intelligence institution. 5. The director of an intelligence institution and deputies thereof, also heads of boards and deputies thereof shall be appointed for a period of five years. Persons may be repeatedly appointed to these positions for a term of five years, however they may not hold the same position for more than ten successive years. 6. The director of an intelligence institution shall: 1) organise the work of the intelligence institution and be in charge thereof; 2) represent the intelligence institution; 3) in accordance with the established procedure, submit draft laws and other legal acts to the state institutions having the right of legislative initiative; 4) approve the regulations of structural divisions of the intelligence institution, the job descriptions of intelligence officers and employees; 5) recruit to service (office) and dismiss from service (office) intelligence officers and employees, take decisions on their transfer to another post, sending on missions, removal from office and other issues related to their legal status and the course of service (work); 6) confer service grades to intelligence officers, with the exception of the grades conferred by the President of the Republic or the Minister of National Defence; 7) issue orders and control implementation thereof. 7. In the event of a temporary absence of the director of an intelligence institution: 1) at the State Security Department, a deputy director authorised by the Director of the State Security Department shall act as Director of the Department; 2) at the Second Investigation Department, the Deputy Director of the Second Investigation Department authorised by the Minister of National Defence or another intelligence officer of the Department shall act as Director of the Department. 8. The director and deputy directors of an intelligence institution may be dismissed on the grounds for dismissing intelligence officers from service as provided for by this Law. CHAPTER SEVEN RECRUITMENT FOR SERVICE (WORK) AT AN INTELLIGENCE INSTITUTION Article 32. Requirements for Persons Recruited for Service (Work) at an Intelligence Institution 1. A person shall be recruited for service (work) at an intelligence institution on a voluntary and selective basis. 2. Any person recruited for service (work) at an intelligence institution shall meet the following main requirements: 1) be a citizen of the Republic of Lithuania; 2) be of good repute; 3) be not less than 18 years of age and not more than 50 years (with the exception of the persons recruited under employment contracts); 4) have attained the education specified for the post sought; 5) be suitable for service (work) according to his health status; 6) meet the requirements set forth by legal acts as are necessary for the issuance of an authorisation to handle or familiarise with classified information or a security clearance, where the position is related to handling of classified information; 7) attain positive results of the selection provided for in Article 34(1) of this Law. 3. A person may not be regarded to be of good repute where he: 1) has been convicted of a grave or serious crime, irrespective of whether the conviction has expired; 2) has been convicted of criminal acts (with the exception of the acts referred to in point 1 of paragraph 3 of this Article), and his conviction has not expired; 3) has been removed or dismissed from the office of a judge, a prosecutor, an advocate, an advocate's assistant, a notary, a court bailiff, a bailiff and a bailiff's assistant or from civil service for professional misconduct or misconduct in office or upon the loss of confidence, and less than five years have lapsed from the date of dismissal; 4) a former staff employee of the USSR State Security Committee (NKVD, NKGB, MGB, KGB) to whom the restrictions under the Law of the Republic of Lithuania on the Evaluation of the USSR State Security Committee (NKVD, NKGB, MGB, KGB) and the Current Activities of the Staff Employees of this Organisation apply, or a person who belonged to the reserve of this organisation; 5) has been removed from office or his mandate of a Member of the Seimas has been revoked through impeachment proceedings; 6) abuses alcohol, narcotic, psychotropic or other psychoactive substances; 7) engages in a conduct or activities not compatible with the requirements of the code of ethics of intelligence officers. 4. Any person recruited for service (work) at an intelligence institution shall meet the following main requirements: 1) junior specialists – to possess at least secondary education; 2) specialists and senior specialists – to possess at least higher college-level, post-secondary or special secondary education completed before 1995; 3) from chief specialists to the director – to possess higher university or equivalent education. 5. The head of an intelligence institution may set forth for certain positions of intelligence officers additional requirements related to a person’s education, knowledge of foreign languages, work experience, intellectual, physical and practical capacities, and moral and psychological suitability for a position of an intelligence officer. Article 33. Restrictions on Recruitment for Service (Work) at an Intelligence Institution An intelligence institution may not recruit for service (work) the persons: 1) whose capacity has been limited by a court; 2) who have refused to take the oath of allegiance to the State of Lithuania or have breached the oath sworn to the State of Lithuania; 3) who are members or sponsors of political parties and political organisations; 4) who are members of an organisation which is prohibited in accordance with the procedure prescribed by law; 5) who have provided knowingly incorrect data on themselves, their relations and interests; 6) whose spouses, close relatives and the persons related to them by marriage serve (work) at the intelligence institution and where they would be related by direct subordination; 7) who have health disorders that would prevent them from performing duties. Article 34. Selection of Persons for Service (Work) at an Intelligence Institution 1.  Persons shall be recruited for service (work) at an intelligence institution in accordance with the general selection procedure specified by the Director of the State Security Department and the Minister of National Defence with a view to assessing whether a person is suitable for service (work) at the intelligence institution. In the course of the selection procedure, a person may undergo a psychological test and other capacity assessment. 2. A candidate for a position at an intelligence institution must submit an application for recruitment for service (work) at the intelligence institution, information on himself, his relations and interests, a written consent to verification of information on himself and other information indicated in the description of the selection procedure. 3. A candidate for service (work) at an intelligence institution shall be referred for medical examination to a health care establishment in accordance with the procedure laid down by the Government or an institution authorised by it. 4. In order to verify the suitability of a person to be recruited to a position for service (work) at an intelligence institution, a person may be requested to undergo a polygraph test.  5. A person who participated in the selection procedure shall be notified of the results of the selection. Article 35. Oath of Intelligence Officers 1. Prior to assuming office, an intelligence officer shall swear an oath of allegiance to the State of Lithuania. 2. An intelligence officer shall be entitled to choose one of the following texts of the oath: 1) “ I, (name and surname), without any reservations, do solemnly swear: to faithfully serve the State of Lithuania, to defend the State of Lithuania, its freedom and independence, to conscientiously observe the Constitution of the Republic of Lithuania, laws and orders of senior officers, to keep all secrets entrusted to me, to act in a manner to always and everywhere protect the good repute of an intelligence officer. So help me God.”; 2) “ I, (name and surname), without any reservations, do solemnly swear: to faithfully serve the State of Lithuania, to defend the State of Lithuania, its freedom and independence, to conscientiously observe the Constitution of the Republic of Lithuania, laws and orders of senior officers, to keep all secrets entrusted to me, to act in a manner to always and everywhere protect the good repute of an intelligence officer.” 3. Upon swearing the oath of allegiance, an intelligence officer shall place his signature under the text of the oath. The signed text of the oath shall be kept in the intelligence officer's personal file. 4. The oath of the Director of the State Security Department shall be administered by the President of the Republic, and the oath of the Director of the Second Investigation Department - by the Minister of National Defence. The oath of other intelligence officers shall be administered by the head of an intelligence institution or an intelligence officer authorised by him. Article 36. Recruitment for Service (Work) at an Intelligence Institution and a Probationary Period 1. The persons, with the exception of those appointed by a decree of the President of the Republic and by an order of the Minister of National Defence shall be recruited for service (work) at an intelligence institution and appointed to a position by an order of the head of the intelligence institution. 2. When recruiting persons to the position of an intelligence officer, they shall be subject to a probationary period not exceeding 12 months, starting from the commencement of service at the intelligence institution. The period of leave and temporary incapacity shall not be included in the probationary period. 3. A decision on application (non-application) of a probationary period and determination of the duration thereof shall be taken by the head of the intelligence institution. 4. During the probationary period, the head of an intelligence institution shall have the right to terminate an intelligence officer's service contract concluded with the intelligence officer and dismiss him from service without specifying the reasons for the dismissal. 5. The intelligence officers appointed by the President of the Republic and the Minister of National Defence shall not be subject to a probationary period. Article 37. Contracts of Persons Recruited for Service (Work) at an Intelligence Institution 1. Intelligence officers shall fulfil service at an intelligence institution under intelligence officers’ service contracts. The form of an intelligence officer’s service contract shall be specified by this Law (Annex). 2. Intelligence officers’ service contracts shall not be concluded with directors of intelligence institutions and deputies thereof. 3. Intelligence officers’ service contracts shall be concluded with intelligence officers and they shall be appointed to office by the head of an intelligence institution. 4. Employment contracts with employees shall be concluded in accordance with the procedure laid down by the Labour Code. 5. Intelligence officers’ service contracts shall not be concluded with the servicemen fulfilling service at the Second Investigation Department. Article 38. Restoration of the Status of an Intelligence Officer 1. The status of an intelligence officer may be restored, that is, the intelligence officer may be reinstated, in accordance with the procedure laid down by heads of intelligence institutions, in the former office or, where this is not possible, in another intelligence officer’s post at the intelligence institution, to the former intelligence officers who: 1) have been dismissed at their own request from the post and have been appointed to work at an international institution or a foreign state institution; 2) have been dismissed at their own request from the post and have departed together with the spouses transferred, appointed or elected to work abroad. 2. The status of an intelligence officer may be restored within three months from termination of employment with an international institution or a foreign state institution or within three months from the expiry of the period of transfer of the spouse or within three months from filing of an application for restoration of the status of an intelligence officer, where such an application is filed prior to expiry of the period of transfer of the spouse. Article 39. Official ID Cards and Badges 1. An intelligence officer appointed to a post shall be issued an official ID card and a badge. 2. The form of the official ID card and badge and the procedure for issuing, storing and using the official ID cards and badges shall be specified by the head of an intelligence institution. CHAPTER EIGHT CONDITIONS OF SERVICE AT AN INTELLIGENCE INSTITUTION Article 40. Prohibitions and Restrictions Applicable to Intelligence Officers 1. An intelligence officer shall be prohibited from: 1) being a member or sponsor of political parties and political organisations; 2) being a member of an organisation which is prohibited in accordance with the procedure prescribed by law; 3) participating in the meetings or other public actions of political parties and political organisations expressing political convictions or political demands or directly supporting a political party or a political organisation; 4) making political statements, giving speeches, publishing articles expressing disagreement with the policy declared and implemented by a democratically elected State government, publicly raising political demands to the State government; 5) being the owner of a private or public legal person, a member of a general partnership or a limited partnership, an appointed (elected) member of management bodies, the founder and stakeholder of a legal person; 6) working in private or public legal persons under employment or civil contracts, irrespective of whether this work is remunerated, also receiving other remuneration, with the exception of the cases when the intelligence officer is employed or is remunerated in the interests of the intelligence institution; 7) engaging in economic, commercial or self-employment activities; 8) receiving income from immovable and movable property, funds, securities, member shares and related transactions, where this is of commercial nature; 9) engaging in agricultural activities and forestry; 10) representing the interests of other Lithuanian and foreign legal persons; 11) going on strike; 12) picketing; 13) establishing trade unions, being a member thereof and participating in their activities; 14) using service hours, property and opportunities provided by service for purposes other than those related to the service. 15) accepting gifts or services or offering them, where this can result in a conflict of public and private interests. 2. An intelligence officer may not visit foreign states or territories which are the centre of an armed conflict, or other foreign states or territories for purposes other than those related to the service, where the presence of the intelligence officer therein may threaten the national security or interests of the Republic of Lithuania. The procedure for visiting foreign states by intelligence officers and lists of foreign states or territories which intelligence officers may not visit shall be approved by the head of an intelligence institution. 3. Subject to approval of the head of an intelligence institution, an intelligence officer shall have the right: 1) to engage in creative activities the results of which are subject to the Law of the Republic of Lithuania on Copyright and Related Rights, also in pedagogical practice; 2) to participate in the activities of associations and other non-political alliances. Article 41. Guarantees of the Activities of Intelligence Officers 1. Without the consent of the head of an intelligence institution, intelligence officers may not be brought in, detained, be subject to a body search or inspection of their personal or official vehicles and premises, with the exception of the cases when an intelligence officer is detained in the course of commission of a criminal act. In such a case, the institution which detained the intelligence officer must, not later than within 12 hours, give a notice thereof to the head of the intelligence institution and the Prosecutor General. 2. A decision on institution of criminal proceedings in respect of a criminal act committed by an intelligence officer shall be taken by the Prosecutor General. 3. In order to ensure the protection of intelligence officers and their family members, measures may be applied as provided for in the Law of the Republic of Lithuania on the Protection of Participants in Criminal Proceedings and Criminal Intelligence and Officials of Justice and Law Enforcement Institutions against Criminal Influence. 4. The State shall show concern for an intelligence officer and his family members who became victims for the reasons related to service at an intelligence institution and shall provide assistance thereto. The State shall compensate for the damage incurred to the intelligence officer or his family member for the reasons related to service at the intelligence institution. The procedure for compensating for damage shall be laid down by the Government. 5. An intelligence officer may participate in judicial proceedings only in the capacity of a witness, who shall be subject to anonymity or partial anonymity in accordance with the procedure laid down by laws. Article 42. Performance Appraisal of Intelligence Officers 1. The performance of intelligence officers shall be appraised every 12 months, also in the cases when deciding whether an intelligence officer is suitable for service at an intelligence institution. 2. An intelligence officer’s performance appraisal documentation must describe the officer’s personal traits, conduct, qualification, the ability to perform the functions stipulated for him, conclusions and recommendations. 3. The performance of an intelligence officer shall be appraised by his immediate superior and the next superior officer. 4. An intelligence officer shall be familiarised with the results of the performance appraisal and shall have the right to appeal against the results within 14 calendar days. 5. An appeal shall be considered by a commission formed …