Įstatymas paskelbtas: Žin

Įstatymas paskelbtas: Žin REPUBLIC OF LITHUANIA LAW ON THE DIPLOMATIC SERVICE 29 December 1998 – No VIII-1012 (As last amended on 28 June 2011 – No XI-1556) Vilnius CHAPTER I GENERAL PROVISIONS Article 1. Purpose of the Law 1. This Law shall establish the legal basis for the formation and functioning of the diplomatic service of the Republic of Lithuania, the legal status and social guarantees of diplomats and members of their families. 2. The legal basis of the diplomatic service of the Republic of Lithuania shall comprise the Constitution of the Republic of Lithuania, the Law of the Republic of Lithuania on Civil Service (hereinafter referred to as the “Law on Civil Service”), this Law, the Consular Statute of the Republic of Lithuania and other laws of the Republic of Lithuania, treaties of the Republic of Lithuania, including the 1961 Vienna Convention on Diplomatic Relations, and other legal acts. The Law on Civil Service, laws and other legal acts establishing labour relations and social guarantees shall apply to diplomats in so far as their status and social guarantees are not established in this Law. Article 2. Diplomatic Service of the Republic of Lithuania 1. The diplomatic service of the Republic of Lithuania shall be a part of the civil service which, through the institutions of diplomatic service of the Republic of Lithuania, implements and carries out foreign policy formulated by the President of the Republic, the Seimas of the Republic of Lithuania (hereinafter referred to as the “Seimas”) and the Government of the Republic of Lithuania (hereinafter referred to as the “Government”). 2. The diplomatic service of the Republic of Lithuania shall be an integral service. It shall comprise: 1) diplomats working at the Ministry of Foreign Affairs and diplomatic missions of the Republic of Lithuania situated in foreign states and accountable to the Ministry of Foreign Affairs, missions of the Republic of Lithuania to international organisations, consular posts, special missions, negotiating groups and delegations; 2) diplomats working at the Office of the President of the Republic, Office of the Seimas, Office of the Prime Minister, ministries, other state institutions or agencies; 3) diplomats transferred on a temporary basis to a post at an international organisation or institution, an EU institution or agency, an institution established by the European Commission or by the Council, an organisation (consortium) established jointly by the European Commission and the European Union Member States, a civilian international operation or mission (hereinafter referred to as an “international and EU institution) or a foreign institution in accordance with the procedure set forth in the Law of the Republic of Lithuania on Secondment of Persons to International and EU Institutions or Foreign Institutions. 3. The diplomatic service of the Republic of Lithuania shall be headed by the Minister of Foreign Affairs within the scope of competence defined by this Law and other legal acts. Article 3. Diplomats A diplomat shall be a citizen of the Republic of Lithuania having diplomatic rank. He shall be a statutory civil servant working under a diplomatic service contract or a fixed-term diplomatic service contract. CHAPTER II MINISTRY OF FOREIGN AFFAIRS Article 4. Competence of the Ministry of Foreign Affairs The scope of competence of the Ministry of Foreign Affairs shall be defined by this Law and other laws as well as by the regulations of the Ministry of Foreign Affairs approved by the Government. Article 5. Repealed as of 25 November 2004. Article 6. Collegium of the Ministry of Foreign Affairs and Diplomats’ Performance Evaluation Commission 1. The Collegium of the Ministry of Foreign Affairs (hereinafter referred to as the “Collegium”) shall be an advisory institution to the Minister of Foreign Affairs. The Collegium shall be headed by the Minister of Foreign Affairs who shall approve its composition and rules of procedure. He shall also present the Collegium with issues for consideration. The Collegium shall be comprised of the Minister of Foreign Affairs, Vice Ministers of Foreign Affairs, Chancellor of the Ministry and directors of departments. The Minister of Foreign Affairs may also appoint other diplomats to the Collegium. The chairman of the Seimas Committee on Foreign Affairs or a person authorised by him as well as a person authorised by the President of the Republic shall be invited to the meetings of the Collegium. 2. The Diplomats’ Performance Evaluation Commission (hereinafter referred to as the “Evaluation Commission”) shall appraise the performance of diplomats in accordance with the procedure established by the Minister of Foreign Affairs, consider the nominees for diplomats, whether diplomats are suited for the post assigned or held, consider the issues of sending diplomats for training or on a traineeship abroad and concerning the conferral of diplomatic ranks and submit recommendations on these matters to the Minister of Foreign Affairs. The Minister of Foreign Affairs shall approve the regulations of the Evaluation Commission and appoint its chairman and members. CHAPTER III DIPLOMATIC MISSION OF THE REPUBLIC OF LITHUANIA Article 7. Concept of a Diplomatic Mission of the Republic of Lithuania A diplomatic mission of the Republic of Lithuania is an institution of the Lithuanian diplomatic service operating on a permanent basis in a foreign state or at an international organisation (several international organisations) to maintain official interstate relations or official relations with an international organisation, implement foreign policy tasks of the Republic of Lithuania and protect the rights and lawful interests of the Republic of Lithuania, its citizens, enterprises and other legal entities. A diplomatic mission of the Republic of Lithuania shall be directly subordinate to the Ministry of Foreign Affairs. Article 8. Establishment and Liquidation of a Diplomatic Mission of the Republic of Lithuania 1. A diplomatic mission of the Republic of Lithuania shall be established or liquidated by the Government, acting on a proposal of the Minister of Foreign Affairs and after having considered the issue at the Seimas Committee on Foreign Affairs. In the absence of an agreement as to the number of staff of the diplomatic mission of the Republic of Lithuania with the state whereto the mission is accredited, its composition shall be determined by the Minister of Foreign Affairs. The composition of the mission of the Republic of Lithuania to an international organisation shall be determined by the Minister of Foreign Affairs. 2. In the presence of an agreement, a foreign state may represent the interests of the Republic of Lithuania in other states if the states concerned express their consent. The decision concerning such representation shall be adopted by the Government, acting on a proposal of the Minister of Foreign Affairs and with the approval of the Seimas. Article 9. Functions of a Diplomatic Mission and Consular Post of the Republic of Lithuania 1. A diplomatic mission of the Republic of Lithuania in a foreign state whereto it is accredited shall perform the following functions: 1) represent the Republic of Lithuania and maintain official relations with the foreign state; 2) implement the tasks of foreign policy of the Republic of Lithuania; 3) negotiate with the Government of the foreign state; 4) protect the rights and lawful interests of the Republic of Lithuania, its citizens, enterprises and other legal entities; 5) receive, collect and forward by lawful means to the Ministry of Foreign Affairs information about the foreign state’s political and economic life and events; 6) promote friendly relations between the Republic of Lithuania and the state concerned and participate in developing economic, cultural and scientific cooperation; promote cooperation between the Republic of Lithuania and the state concerned to ensure security and peace; 7) disseminate information about the Republic of Lithuania, its political, social and economic situation, and culture, customs and traditions; 8) engage in cultivation and strengthening of relations between Lithuanians residing in the state concerned and Lithuania. 2. The Minister of Foreign Affairs may assign a diplomatic mission of the Republic of Lithuania in a foreign state to perform consular and other functions in compliance with its status pursuant to the 1961 Vienna Convention on Diplomatic Relations and public international law. 3. Consular posts of the Republic of Lithuania may perform the functions specified in paragraph 1 of this Article where this is not prohibited by the laws and other legal acts of the receiving state or where the receiving state has no objections thereto or where this is provided for by the treaties in force between the Republic of Lithuania and the receiving state. Article 10. Functions of a Mission of the Republic of Lithuania to an International Organisation A mission of the Republic of Lithuania to an international organisation shall perform the following functions: 1) represent and protect the interests of the Republic of Lithuania at an international organisation; 2) implement the tasks of foreign policy of the Republic of Lithuania; 3) maintain relations between the Republic of Lithuania and the international organisation; 4) negotiate with the international organisation; 5) receive, collect and communicate by lawful means to the Ministry of Foreign Affairs information about the activities of the international organisation; 6) ensure the participation of the interested institutions of the Republic of Lithuania in the activities of the international organisation; 7) disseminate information about the Republic of Lithuania, its political, social and economic situation, and culture, customs and traditions; 8) contribute to the implementation of the objectives and tasks of the international organisation. Article 11. Head of a Diplomatic Mission of the Republic of Lithuania 1. A diplomatic mission of the Republic of Lithuania shall be headed by a diplomatic representative or chargé d’affaires ad interim of the Republic of Lithuania. 2. A diplomatic representative of the Republic of Lithuania may be simultaneously accredited to more than one foreign state with the consent of those states. 3. The head of a diplomatic mission of the Republic of Lithuania may also be appointed to act as a representative of the Republic of Lithuania to any international organisation. Article 12. Special Mission of the Republic of Lithuania 1. A special mission of the Republic of Lithuania, consisting of a person or a group of persons appointed by the Minister of Foreign Affairs or by the President of the Republic or the Government, acting on a proposal of the Minister of Foreign Affairs, shall deal with specific issues of interstate relations or perform specific assignments. 2. Diplomats or other persons may be appointed as members of a special mission. 3. Members of a special mission of the Republic of Lithuania shall enjoy the privileges and immunities provided for in the 1969 Convention on Special Missions. Article 13. Funding of a Diplomatic Mission and Consular Post of the Republic of Lithuania Diplomatic missions and consular posts of the Republic of Lithuania shall be funded from the state budget of the Republic of Lithuania through the Ministry of Foreign Affairs. Article 14. Staff of a Diplomatic Mission and Consular Post of the Republic of Lithuania 1. The staff of a diplomatic mission and consular post of the Republic of Lithuania shall comprise: 1) diplomatic staff: diplomats, special attachés of the Republic of Lithuania and their assistants, military representatives and their assistants, special counsellors and their assistants working at a diplomatic mission or consular post of the Republic of Lithuania; 2) administrative and technical staff: citizens of the Republic of Lithuania who are not diplomats, employed in the administrative and technical service of a diplomatic mission or consular post of the Republic of Lithuania; 3) service staff: persons, who are not diplomats, employed in the domestic service of a diplomatic mission or consular post of the Republic of Lithuania. 2. The Ministry of Foreign Affairs or diplomatic missions of the Republic of Lithuania in foreign states, missions of the Republic of Lithuania to international organisations, consular posts or special missions authorised by the Ministry of Foreign Affairs shall conclude fixed-term employment contracts with the employees of a diplomatic mission or consular post of the Republic of Lithuania who are not civil servants or servicemen. 3. The appointment and activities of special attachés, including the defence attachés of the Republic of Lithuania, shall be governed by the regulations for special attachés of the Republic of Lithuania approved by the Government. 4. Special counsellors shall be civil servants temporarily transferred to a mission of the Republic of Lithuania at an international organisation who assist in the implementation of foreign policy of the Republic of Lithuania in the field of multilateral relations. The Government shall establish the procedure for appointing special counsellors in each individual field as well as the peculiarities and conditions of their work abroad. Article 15. Privileges and Immunities of Members of Staff of a Diplomatic Mission of the Republic of Lithuania in a Foreign State and Members of their Families 1. Members of staff of a diplomatic mission of the Republic of Lithuania in a foreign state, together with members of their families, accredited in the state concerned shall enjoy the privileges and immunities provided for in the 1961 Vienna Convention on Diplomatic Relations and agreements between the Republic of Lithuania and the state in which the diplomatic mission of the Republic of Lithuania is situated. 2. The Government, having regard to specific circumstances, may unilaterally and expressly for a specific period of time waive immunity from jurisdiction of the state in which the diplomatic mission of the Republic of Lithuania is situated or accord, by agreement with the state concerned, greater immunities and privileges than those specified in the 1961 Vienna Convention on Diplomatic Relations. Article 16. Privileges and Immunities of Members of Staff of a Mission of the Republic of Lithuania to an International Organisation and Members of their Families 1. Members of staff of a mission of the Republic of Lithuania to an international organisation, together with members of their families, shall enjoy the privileges and immunities accorded to them by public international law, special international agreements on relevant issues and the laws of the state in which they reside. 2. In certain cases, the Government, having regard to specific circumstances, may waive the privileges and immunities of the persons specified in paragraph 1 of this Article. Article 17. Privileges and Immunities of Members of Staff of a Consular Post and Members of their Families 1. Members of staff of a consular post, together with members of their families, accredited in the host state shall enjoy the privileges and immunities specified in the 1963 Vienna Convention on Consular Relations and agreements between the Republic of Lithuania and the state in which the consular post is situated. 2. The Government, having regard to specific circumstances, may unilaterally and expressly for a specific period of time waive immunity from jurisdiction of the state in which the consular post is situated or accord, by agreement with the state concerned, greater immunities and privileges than those specified in the 1963 Vienna Convention on Consular Relations. CHAPTER IV RECRUITMENT TO THE DIPLOMATIC SERVICE OF THE REPUBLIC OF LITHUANIA Article 18. Requirements for Persons Recruited to the Diplomatic Service of the Republic of Lithuania 1. Persons, except for diplomatic representatives of the Republic of Lithuania and persons specified in paragraphs 2, 3, 4 and 5 of Article 23 of this Law, shall be recruited to the diplomatic service of the Republic of Lithuania through competition. Competition regulations shall be approved by the Minister of Foreign Affairs. 2. Only a person of impeccable reputation and of sufficiently good health, holding the citizenship of the Republic of Lithuania, proficient in at least two foreign languages, having an authorisation to work with or gain access to classified information, who meets all of the general requirements for recruitment to the civil service prescribed by the Law on Civil Service may be recruited as diplomat. 3. No person convicted of a serious or grave crime, or a criminal act against the civil service and public interest and any criminal act of corruptive nature may work in the diplomatic service of the Republic of Lithuania. Article 19. Probationary Period 1. A fixed-term contract of employment at the Ministry of Foreign Affairs shall be concluded for a one-year period with a person who meets the conditions specified in paragraph 2 of Article 18 of this Law and who has won the competition. During the one-year probationary period, final evaluation shall be made of the person’s suitability for the diplomatic service of the Republic of Lithuania. 2. The duration of the probationary period may be reduced to three months by the Minister of Foreign Affairs. 3. At least one month before the expiry of the probationary period, the Minister of Foreign Affairs, taking into account the recommendations of the Evaluation Commission, shall decide on the recruitment of the person to the diplomatic service of the Republic of Lithuania and the conferral of diplomatic rank or notify in writing about the refusal to recruit him to the diplomatic service of the Republic of Lithuania. 4. After a person has been recruited to the diplomatic service of the Republic of Lithuania or has been refused such recruitment, the fixed-term contract of employment at the Ministry of Foreign Affairs referred to in paragraph 1 of this Article shall be terminated in accordance with paragraph 1 of Article 126 of the Labour Code of the Republic of Lithuania. Article 20. Commencement of Employment in the Diplomatic Service of the Republic of Lithuania 1. A person shall become a diplomat and commence employment in the diplomatic service of the Republic of Lithuania when: 1) after the expiry of the probationary period, he is granted the first diplomatic rank in accordance with the procedure laid down in Article 42 and paragraph 1 of Article 43 of this Law; and 2) he takes the oath of office in accordance with the procedure laid down in Article 21 of this Law; and 3) he concludes a diplomatic service contract in accordance with the procedure laid down in Article 22 of this Law. 2. A person shall become a diplomat and commence temporary employment in the diplomatic service of the Republic of Lithuania when: 1) he is granted diplomatic rank in accordance with the procedure laid down in Article 42 and paragraph 3 of Article 43 of this Law; and 2) he takes the oath of office in accordance with the procedure laid down in Article 21 of this Law; and 3) he concludes a fixed-term diplomatic service contract in accordance with the procedure laid down in Article 23 of this Law. Article 21. Oath of Office 1. A person who has been granted his first diplomatic rank shall swear an oath of allegiance to the Republic of Lithuania. A person swearing the oath of allegiance shall be entitled to choose one of the following texts of the oath: 1) “I, (first name, surname), swear to faithfully serve the Republic of Lithuania, respect and act in compliance with its Constitution and laws, perform diplomatic duties in good faith and protect state and official secrets. So help me God.”; 2) “I, (first name, surname), swear to faithfully serve the Republic of Lithuania, respect and act in compliance with its Constitution and laws, perform diplomatic duties in good faith and protect state and official secrets. 2. (Repealed as of 8 December 2005). 3. The oath shall be taken at a meeting of the Collegium of the Ministry of Foreign Affairs. The oath shall be administered by the Minister of Foreign Affairs. The person who has taken the oath shall place his signature under text of the oath. Article 22. Diplomatic Service Contract A diplomatic service contract shall be concluded with a person recruited to the diplomatic service of the Republic of Lithuania. A diplomatic service contract shall be a written agreement between a citizen of the Republic of Lithuania and the Ministry of Foreign Affairs (Appendix 1) whereby the citizen undertakes to perform the diplomatic duties specified in the contract, comply with the diplomatic service rules as laid down in this Law and other laws as well legal acts of the Ministry of Foreign Affairs, while the Ministry of Foreign Affairs undertakes to pay remuneration to the diplomat as established in this Law and other legal acts and ensure adequate conditions for diplomatic service. Article 23. Fixed-Term Diplomatic Service Contract 1. A fixed-term diplomatic service contract shall be a written agreement between a citizen of the Republic of Lithuania and the Ministry of Foreign Affairs (Appendix 2) whereby the citizen undertakes to perform, for a certain period of time, the duties specified in the contract and comply with the requirements laid down in this Law, other laws and legal acts, while the Ministry of Foreign Affairs undertakes to pay him remuneration as established in this Law and other legal acts, except for persons specified in paragraph 3 of this Article. 2. A fixed-term diplomatic service contract shall be concluded with a person appointed by the President of the Republic as diplomatic representative of the Republic of Lithuania and who has not concluded a diplomatic service contract with the Ministry of Foreign Affairs before his appointment, also with a person appointed by the Minister of Foreign Affairs as Vice Minister of Foreign Affairs and with a person appointed by the Minister of Foreign Affairs as chargé d’affaires ad interim of the Republic of Lithuania at a diplomatic mission of the Republic of Lithuania, as head of a consular post or as minister counsellor in the event that such a person has not concluded a diplomatic service contract with the Ministry of Foreign Affairs before his appointment. 3. In the event that the President of the Republic of Lithuania, the Speaker of the Seimas or Prime Minister proposes to recruit to the diplomatic service of the Republic of Lithuania a person engaged in foreign relations activity in the Office of the President of the Republic, Office of the Seimas or Office of the Prime Minister, a fixed-term diplomatic service contract shall be concluded with the person concerned. Remuneration to such a person shall be paid, in accordance with the established procedure, by the institution in which he is engaged in foreign relations activity. The duration of a fixed-term diplomatic service contract concluded with the person specified in this paragraph shall be defined by the duration of his employment in the post while holding which he was proposed for the diplomatic service of the Republic of Lithuania. 4. By the decision of the Minister of Foreign Affairs, a fixed-term diplomatic service contract may be concluded with a person recruited to the diplomatic service of the Republic of Lithuania who is assigned to perform the functions related to the implementation of the requirements of the Schengen acquis. A fixed-term diplomatic service contract shall be concluded with the person referred to in this paragraph for a period of one year. 5. A fixed-term diplomatic service contract shall be concluded with a person who is recruited to the post of a diplomat temporarily unable to perform his duties (lower than the post of head of a subdivision or deputy head of a subdivision). A fixed-term diplomatic service contract shall be concluded for a period not exceeding three years. 6. A person with whom a fixed-term diplomatic service contract has been concluded shall, as of the day of concluding the contract, be subject to the provisions specified in this Law which are mandatory for diplomats, except for compliance with the rules of rotation and other peculiarities which are mandatory only for diplomats working under a diplomatic service contract. 7. After the expiry of a fixed-term diplomatic service contract concluded with the person specified in paragraphs 2 and 3 of this Article, if the person wishes so, the Minister of Foreign Affairs, taking into account the recommendations of the Evaluation Commission, may conclude a diplomatic service contract with him in accordance with the procedure laid down in this Law and appoint him to a post corresponding to his diplomatic rank. CHAPTER V LEGAL STATUS OF DIPLOMATS AND MEMBERS OF THEIR FAMILIES Article 24. Employment under a Diplomatic Service Contract 1. The following principles of rotation shall apply to the service of diplomats, except for diplomatic representatives of the Republic of Lithuania: 1) a diplomat recruited to the diplomatic service of the Republic of Lithuania shall usually work at the Ministry of Foreign Affairs for three years (including the probationary period). Then the diplomat is usually appointed by an order of the Minister of Foreign Affairs to a diplomatic mission or consular post of the Republic of Lithuania for a period of three years, from where by an order of the Minister of Foreign Affairs he shall return to work at the Ministry of Foreign Affairs usually for a period of three years until the next appointment. The period of employment with the Ministry of Foreign Affairs shall include temporary transfer to the post of a career civil servant or statutory civil servant at another state institution or agency; 2) in the event of official necessity, a diplomat may be immediately appointed to another diplomatic mission or consular post of the Republic of Lithuania without having worked therein for three years, however the total duration of successive appointment to two diplomatic missions or consular posts of the Republic of Lithuania may not exceed six years; 3) in the event of official necessity, a diplomat may remain in employment at the Ministry of Foreign Affairs for a period exceeding three years or may be appointed to a diplomatic mission or consular post without having worked at the Ministry of Foreign Affairs for three years. The total duration of successive employment with the Ministry of Foreign Affairs may not exceed four years; 4) due to an illness of a diplomat or members of his family or for other important family reasons, the diplomat may remain in employment with the Ministry of Foreign Affairs for a period exceeding three years. Where, due to important circumstances, the diplomat’s employment with the Ministry of Foreign Affairs is extended for a period exceeding one year, such deferral of rotation shall be executed in the form of a written agreement between the Ministry of Foreign Affairs and the diplomat, specifying the said important circumstances. 2. In the event of official necessity, by an order of the Minister of Foreign Affairs, a diplomat may, with his written consent, be transferred on a temporary basis from the Ministry of Foreign Affairs to the post of a career or statutory civil servant at the Office of the President of the Republic, Office of the Seimas, Office of the Prime Minister, other state institution or agency, also to the post of Inspector General at the Ministry of Foreign Affairs provided that the diplomat meets the special requirements set out in the job description of the position he is transferred to. The diplomat may be transferred to another post on a temporary basis for a period of up to two years. In the event of official necessity, this term may be extended for up to one year and the total duration of temporary transfer may not exceed three years. The period of transfer shall be included in the length of diplomatic service. A diplomat that has been transferred on a temporary basis shall retain the diplomatic rank held prior to the transfer. During the period of transfer, the state institution or agency to which the diplomat has been transferred shall pay the diplomat remuneration consisting of the basic salary set for the position held by him prior to the transfer where the diplomat is transferred to the post of the same or lower category and the bonuses paid to him prior to the transfer, or consisting of the basic salary set for the position to which he is transferred where the diplomat is transferred to another post of a higher category and the bonuses paid to him prior to the transfer. After the expiry of the period of transfer, the diplomat shall be returned to work at the Ministry of Foreign Affairs and/or appointed to the same or other post of not lower category than the post held prior to the temporary transfer. The diplomat may not be returned and/or appointed to the Ministry of Foreign Affairs to the same or other post of not lower category than the post held by him prior to the temporary transfer where he has been dismissed from the post of a career civil servant or statutory civil servant to which he was transferred due to a disciplinary penalty imposed on him, namely dismissal, loss of citizenship of the Republic of Lithuania or upon entry into force of a court judgment imposing on him a penalty for a serious or grave crime or a criminal act against the civil service and public interest or a criminal act of corruptive nature, or any penalty barring him from performing his duties. 3. A diplomat may be transferred on a temporary basis to the post at an international and EU institution or a foreign institution in accordance with the procedure set forth in the Law of the Republic of Lithuania on Secondment of Persons to International and EU Institutions or Foreign Institutions. Such a transfer shall not terminate the diplomatic service contract, the diplomat shall retain his diplomatic rank and the period of transfer shall be included in the length of diplomatic service. Diplomats who have been temporarily transferred to international and EU institutions or foreign institutions shall be paid remuneration and other expenses related to secondment in accordance with the procedure set forth in the Law of the Republic of Lithuania on Secondment of Persons to International and EU Institutions or Foreign Institutions. During the period of work at an international and EU institution or a foreign institution diplomats shall be subject to the rules regulating the terms of work at international and EU institutions or the legal acts regulating labour relations in a foreign state. After the expiry of the period of transfer, the diplomat shall be returned to the same or other post of not lower category at the Ministry of Foreign Affairs. 4. Where a diplomat becomes a state politician or takes up the post of a civil servant of political (personal) confidence, a diplomatic service contract must be terminated. Such persons shall be entitled to have the diplomatic status restored in accordance with the procedure laid down in paragraph 5 of Article 44 of this Law. 5. In the event of official necessity, a diplomat may be temporarily transferred to another post at the Ministry of Foreign Affairs. The transfer period may not exceed three years. Remuneration paid to the diplomat transferred to another post on a temporary basis shall be not less than the remuneration set before the transfer. Article 25. Appointment of a Diplomat who Has Served at a Diplomatic Mission or Consular Post of the Republic of Lithuania to the Ministry of Foreign Affairs 1. A diplomat who has served at a diplomatic mission or consular post of the Republic of Lithuania for a period specified in Article 24 of this Law shall, with his consent, be appointed to a post at the Ministry of Foreign Affairs which according to the salary scale is not lower than the post held by him prior to his appointment to the diplomatic mission or consular post of the Republic of Lithuania, unless the Minister of Foreign Affairs, acting on the proposal of the Evaluation Commission, decides otherwise. In this case, the diplomat has the right to request in writing within a period of 10 days to be notified of the reasons for such a decision. 2. From the day of the diplomat’s return from a diplomatic mission or consular post of the Republic of Lithuania until the day of his appointment to the Ministry of Foreign Affairs or a diplomatic mission or consular post of the Republic of Lithuania in another foreign state he shall, for a period not exceeding one month, be paid, the basic salary equal to the salary paid to him prior to the day he was recalled as well as a bonus for diplomatic rank. 3. A diplomat’s appointment to a diplomatic mission or consular post of the Republic of Lithuania or his return to service at the Ministry of Foreign Affairs shall be executed by an order of the Minister of Foreign Affairs. Article 26.  Employment under a Fixed-term Diplomatic Service Contract 1. A fixed-term diplomatic service contract shall specify the post to which the diplomat is appointed; it shall also indicate that the contract terminates when the diplomat is recalled in accordance with the procedure laid down in this Law or upon expiry of the term of contract. 2. The Minister of Foreign Affairs shall have the right to terminate the fixed-term diplomatic service contract on the grounds specified in Article 58 of this Law and recall the diplomat appointed to a diplomatic mission or consular post of the Republic of Lithuania. A fixed-term diplomatic service contract concluded with a diplomatic representative of the Republic of Lithuania shall be terminated if the President of the Republic issues a decree to recall the diplomatic representative of the Republic of Lithuania. 3. After the expiry of a fixed-term diplomatic service contract, a diplomat, irrespective of his diplomatic rank and the post held, may apply to the Minister of Foreign Affairs to have a diplomatic service contract concluded with him in accordance with the procedure laid down in this Law. He shall also have the right to be reinstated within three months from the expiry of the fixed-term diplomatic service contract in the post held by him at a state or municipal institution or agency or any other agency or organisation financed from the state budget or municipal budgets prior to the conclusion of the fixed-term diplomatic service contract. Where there is no possibility to reinstate in the same post, the diplomat shall, within the time limit specified in this paragraph, have the right to be appointed to another post, with the remuneration not lower than at the post held by him prior to the conclusion of the fixed-term diplomatic service contract at the same state or municipal institution or agency or any other agency or organisation financed from the state budget or municipal budgets. 4. Where, upon the expiry of a fixed-term diplomatic service contract, the President of the Republic again appoints a person as diplomatic representative of the Republic of Lithuania or the Minister of Foreign Affairs re-appoints him as chargé d’affaires ad interim of the Republic of Lithuania at a diplomatic mission of the Republic of Lithuania, head of a consular post or minister counsellor, a new fixed-term diplomatic service contract shall be concluded with the person concerned. Article 27.  Members of Family 1. Members of the family of a diplomat working at a diplomatic mission or consular post of the Republic of Lithuania shall include the following persons residing together with him: 1) the diplomat’s spouse; 2) the diplomat’s minor children (adopted children), unless they have been emancipated in accordance with the procedure laid down by laws or have entered into marriage; 3) the diplomat’s children (adopted children) of the age of majority under 20 years of age if they form part of his household, have not entered into marriage and have not completed secondary education; 4) the minor children (adopted children) of the diplomat’s spouse, where according to the procedure set forth by laws or by a court decision their place of residence has been established with the diplomat’s spouse and they have not been emancipated in accordance with the procedure laid down by laws or  have not entered into marriage; 5) the diplomat’s spouse’s children (adopted children) of the age of majority under 20 years of age, where, according to the procedure set forth by laws or by a court decision, their place of residence has been established with the diplomat’s spouse and they form part of the diplomat’s household, have not entered into marriage and have not completed secondary education; 6) dependants (irrespective of their age) – persons whose guardian or custodian the diplomat and/or his spouse have been appointed in accordance with the procedure laid down by laws, irrespective of whether the guardianship or custody has been established prior to the commencement of the diplomat’s work at the diplomatic mission or consular post of the Republic of Lithuania or after the diplomat took up employment with the diplomatic mission or consular post of the Republic of Lithuania. Note. Paragraph 1 of Article 27 shall apply to diplomats appointed to diplomatic missions and consular posts of the Republic of Lithuania after the entry into force (1 September 2010) of this Law (No XI-870). 2. Members of the family of a special attaché or his assistant, military representative or his assistant, special counsellor or his assistant working at a diplomatic mission or consular post of the Republic of Lithuania shall be treated as members of the family of a diplomat as defined in paragraph 1 of this Article. Article 28. Guarantees for Spouses of Diplomats Appointed to another State under the Rules of Rotation 1. A spouse who departed together with a diplomat to a diplomatic mission or consular post of the Republic of Lithuania shall have the right to be reinstated, within three months from the diplomat’s recall from the diplomatic mission or consular post of the Republic of Lithuania, in the post held by him in a state or municipal institution or agency or any other agency or organisation financed from the state budget or municipal budgets prior to the departure together with the diplomat to the diplomatic mission or consular post of the Republic of Lithuania. Where there is no possibility to reinstate in the same post, the diplomat’s spouse shall, within the time limit specified in this paragraph, have the right to be appointed to another post, with the remuneration not lower than for the post held by him prior to the departure together with the diplomat, at the same state or municipal institution or agency or any other agency or organisation financed from the state budget or municipal budgets at which he worked prior to his departure together with the spouse. 2. The period spent by a spouse living abroad together with a diplomat working at a diplomatic mission or consular post of the Republic of Lithuania shall be included in the spouse’s state social insurance record, provided that the contributions fixed under the Lithuanian state social insurance scheme have been paid for the period concerned. 3. The spouse living abroad together with a diplomat working at a diplomatic mission or consular post of the Republic of Lithuania shall have the right to take up employment with the foreign state concerned, where this is provided for in the treaties of the Republic of Lithuania or allowed under the laws of the state concerned. The spouse of the diplomat must inform the Minister of Foreign Affairs about his employment. Article 281. Right of a Diplomat who Is a Diplomat’s Spouse to Have the Diplomatic Status Restored 1. A diplomat who is the spouse of a diplomat and who has terminated the diplomatic service contract according to paragraph 6 of Article 58 of this Law because of the departure together with his spouse appointed to a diplomatic mission or consular post of the Republic of Lithuania or transferred to a post at an international and EU institution or a foreign institution shall, in accordance with the procedure set forth by legal acts, have the right to have the diplomatic status restored – to be reinstated in the post held or, where there is no such possibility, to be reinstated in another post of the same category at the Ministry of Foreign Affairs. The diplomatic service contract shall be concluded with this person and the diplomatic rank held by him prior to the termination of the diplomatic service contract shall be returned to him by an order of the Minister of Foreign Affairs. 2. The persons specified in paragraph 1 of this Article shall be entitled to have the diplomatic status restored within six months after the end of the spouse’s service at a diplomatic mission or consular post of the Republic of Lithuania, an international and EU institution or a foreign institution or within six months from submission of an application for the restoration of diplomatic status where such an application is submitted before the end of the spouse’s period of service at the diplomatic mission or consular post of the Republic of Lithuania, the international and EU institution or the foreign institution. Article 29. Prohibitions on Diplomats 1. A diplomat shall, under the Law of the Republic of Lithuania on Civil Service, be prohibited from engaging in any activity which is incompatible with the duties of a civil servant. 2. A diplomat shall also be prohibited from: 1) going on strike; 2) using office hours and opportunities for purposes other than those related to the service. CHAPTER VI DIPLOMATIC REPRESENTATIVE OF THE REPUBLIC OF LITHUANIA Article 30. Diplomatic Representative of the Republic of Lithuania 1. A diplomatic representative of the Republic of Lithuania shall be a person officially representing the Republic of Lithuania in a foreign state or at an international organisation. 2. A diplomatic representative of the Republic of Lithuania may reside in a foreign state or in the Republic of Lithuania. Article 31. Appointment of a Diplomatic Representative of the Republic of Lithuania 1. The President of the Republic, acting on a proposal of the Government, shall appoint a diplomatic representative of the Republic of Lithuania to a foreign state, subject to prior consideration of his nomination by the Seimas Committee on Foreign Affairs and after the agrément of the foreign state concerned has been given, by a decree countersigned by the Prime Minister. 2. The President of the Republic, acting on a proposal of the Government, shall appoint a diplomatic representative of the Republic of Lithuania to an international organisation, subject to consideration of his nomination by the Seimas Committee on Foreign Affairs, by a decree countersigned by the Prime Minister. 3. A diplomatic representative of the Republic of Lithuania may only be a diplomat having the diplomatic rank of ambassador extraordinary and plenipotentiary of the Republic of Lithuania or envoy extraordinary and minister plenipotentiary of the Republic of Lithuania. 4. Information about the process of appointing a diplomatic representative of the Republic of Lithuania shall be exchanged in compliance with the Law of the Republic of Lithuania on State Secrets and Official Secrets. The procedure for requesting the agrément for a diplomatic representative of the Republic of Lithuania from a foreign state shall be established by the Minister of Foreign Affairs. Article 32. Term of Appointment of a Diplomatic Representative of the Republic of Lithuania 1. A diplomatic representative of the Republic of Lithuania shall be appointed to a diplomatic mission of the Republic of Lithuania for a period not exceeding five years. A diplomatic representative of the Republic of Lithuania recalled in accordance with the procedure specified in Article 36 of this Law may be reinstated in the Ministry of Foreign Affairs or appointed to another diplomatic mission of the Republic of Lithuania. Where, upon expiry of the term of appointment of the diplomatic representative of the Republic of Lithuania in one foreign state or upon recalling him from one foreign state before his term expires, the diplomatic representative of the Republic of Lithuania is immediately appointed to another diplomatic mission of the Republic of Lithuania, the total duration of successive appointment may not exceed eight years at two diplomatic missions of the Republic of Lithuania. Where, pursuant to the provisions of Article 23 of this Law, a fixed-term diplomatic service contract is concluded with a person to be appointed as diplomatic representative of the Republic of Lithuania, the contract shall terminate after the President of the Republic issues a decree on recalling the diplomatic representative. Where a person with whom a diplomatic service contract has already been concluded is to be appointed as diplomatic representative of the Republic of Lithuania, a new contract shall not be concluded. 2. Where a diplomatic representative of the Republic of Lithuania has served for more than three years, the Government may propose that the President of the Republic recall him. By way of exception, the Government may propose that the President of the Republic recall the diplomatic representative of the Republic of Lithuania earlier than three years after his appointment. Article 33. Commencement of the Exercise of Functions by a Diplomatic Representative of the Republic of Lithuania A diplomatic representative of the Republic of Lithuania shall take up his functions in a foreign state either when he has presented his credentials to the head of  state whereto he is appointed or any other official authorised by the head of state or when he has notified his arrival or presented a true copy of his credentials to the Minister of Foreign Affairs of the state whereto he is appointed or the head of an institution performing the functions of the ministry of foreign affairs or any other official authorised by him in accordance with the  practice prevailing in the state concerned. Article 34. Commencement of the Exercise of Functions by a Diplomatic Representative of the Republic of Lithuania to an International Organisation A diplomatic representative of the Republic of Lithuania to an international organisation shall take up his functions when he has presented his credentials to the head of the international organisation or in accordance with any other procedure established in the international organisation. Article 35.  Termination of the Exercise of Functions by a Diplomatic Representative of the Republic of Lithuania 1. The functions of a diplomatic representative of the Republic of Lithuania shall terminate in the following cases: 1) when he is recalled in accordance with the procedure laid down in paragraph 1 of Article 36 of this Law; 2) when he resigns; 3) when he loses the citizenship of the Republic of Lithuania; 4) upon his death; 5) in other cases stipulated by international law. 2. The functions of a diplomatic representative of the Republic of Lithuania shall be suspended where he is temporarily recalled in accordance with the procedure laid down in paragraph 3 of Article 36 of this Law. Article 36.  Recalling of a Diplomatic Representative of the Republic of Lithuania 1. The President of the Republic, acting on a proposal of the Government, shall recall a diplomatic representative of the Republic of Lithuania by a decree countersigned by the Prime Minister subject to prior consideration of the issue of recalling of the diplomatic representative of the Republic of Lithuania by the Seimas Committee on Foreign Affairs. The foreign state or international organisation wherein the diplomatic representative of the Republic of Lithuania to be recalled represented the Republic of Lithuania shall be notified about his recall in accordance with the procedure established in the foreign state or at the international organisation concerned. 2. The recall of a diplomatic representative of the Republic of Lithuania with whom a diplomatic service contract has been concluded shall be treated as his return to service at the Ministry of Foreign Affairs and in this case the provisions of Article 25 of this Law shall apply. Where a diplomatic representative of the Republic of Lithuania with whom a fixed-term diplomatic service contract has been concluded is recalled, the provisions of Article 26 of this Law shall apply. 3. In extraordinary cases, a diplomatic representative of the Republic of Lithuania may, by an order of the Minister of Foreign Affairs, be assigned to temporarily perform other functions at the Ministry of Foreign Affairs. Such a temporary assignment shall not terminate the diplomatic service contract or fixed-term diplomatic service contract and the diplomatic representative of the Republic of Lithuania shall continue to receive remuneration. The temporary assignment of the diplomatic representative of the Republic of Lithuania to perform other functions shall be terminated by an order of the Minister of Foreign Affairs. CHAPTER VII CHARGÉ D’AFFAIRES AD INTERIM OF THE REPUBLIC OF LITHUANIA Article 37. Appointment of a Chargé d’Affaires Ad Interim of the Republic of Lithuania Where there is no diplomatic representative of the Republic of Lithuania appointed to a Lithuanian diplomatic mission in accordance with the procedure laid down in Article 31 of this Law to head the mission, the Minister of Foreign Affairs shall appoint a chargé d’affaires ad interim of the Republic of Lithuania to a foreign state or international organisation. A chargé d’affaires ad interim shall also be appointed in the event that the representative of the Republic of Lithuania is temporarily unable to perform his duties. In this case, the diplomatic representative of the Republic of Lithuania himself may appoint a chargé d’affaires ad interim for a period not exceeding one month; where such a period is longer, the chargé d’affaires ad interim shall be appointed by the Minister of Foreign Affairs or a person authorised by him. Article 38. Functions of a Chargé d’Affaires Ad Interim of the Republic of Lithuania A chargé d’affaires ad interim of the Republic of Lithuania shall represent the Republic of Lithuania in a foreign state or at an international organisation and shall act in the capacity of the head of a diplomatic mission of the Republic of Lithuania. Acting in the capacity of the head of a diplomatic mission of the Republic of Lithuania, the chargé d’affaires ad interim of the Republic of Lithuania shall have the same rights and duties as the diplomatic representative of the Republic of Lithuania. Article 39. Commencement of the Exercise of Functions of a Chargé d’Affaires Ad Interim of the Republic of Lithuania 1. A chargé d’affaires ad interim of the Republic of Lithuania shall take up his functions in a foreign state when he has presented his credentials to the Minister of Foreign Affairs of the state whereto he is appointed or in accordance with the practice prevailing in the state to which he is appointed to represent the Republic of Lithuania. Where a chargé d’affaires ad interim of the Republic of Lithuania is appointed in the event that the diplomatic representative of the Republic of Lithuania is temporarily unable to perform his duties, he shall take up his functions on the day of notification of his appointment to the Ministry of Foreign Affairs of the state whereto he is appointed or on any other day specified in the notification. 2. A chargé d’affaires ad interim of the Republic of Lithuania to an international organisation shall commence the exercise of his functions in accordance with the procedure laid down in Article 34 of this Law. Where a chargé d’affaires ad interim of the Republic of Lithuania is appointed in the event that the diplomatic representative of the Republic of Lithuania to the international organisation is temporarily unable to perform his duties, he shall commence the exercise of his functions on the day of notification of his appointment to the international organisation or on any other day specified in the notification. Article 40. Termination of Functions of a Chargé d’Affaires Ad Interim of the Republic of Lithuania 1. The functions of a chargé d’affaires ad interim of the Republic of Lithuania shall terminate in the following cases: a diplomatic representative of the Republic of Lithuania is appointed to the state in which he was accredited, he is recalled by the Minister of Foreign Affairs, his term of appointment expires, he resigns, he loses the citizenship of the Republic of Lithuania, upon his death or in other cases prescribed by international law. Where a chargé d’affaires ad interim of the Republic of Lithuania has been appointed by the diplomatic representative of the Republic of Lithuania, the functions of the chargé d’affaires ad interim of the Republic of Lithuania shall also terminate when the diplomatic representative of the Republic of Lithuania resumes his duties. 2. The state or international organisation wherein the Republic of Lithuania was represented by its chargé d’affaires ad interim shall be notified about his recall and about the resuming of duties by the diplomatic representative of the Republic of Lithuania in accordance with the procedure established in the foreign state or international organisation concerned. CHAPTER VIII DIPLOMATIC RANKS Article 41. Diplomatic Ranks The following shall be the diplomatic ranks of the Republic of Lithuania: 1) ambassador extraordinary and plenipotentiary of the Republic of Lithuania; 2) envoy extraordinary and minister plenipotentiary of the Republic of Lithuania; 3) minister counsellor; 4) counsellor; 5) first secretary; 6) second secretary; 7) third secretary; 8) attaché. Article 42. Procedure for Conferring of Diplomatic Ranks 1. The President of the Republic, acting on the proposal of the Minister of Foreign Affairs, shall confer the rank of ambassador extraordinary and plenipotentiary of the Republic of Lithuania or envoy extraordinary and minister plenipotentiary of the Republic of Lithuania by a decree countersigned by the Minister of Foreign Affairs. These diplomatic ranks shall be conferred for life. 2. The Minister of Foreign Affairs shall confer the ranks of minister counsellor, counsellor, first secretary, second secretary, third secretary and attaché by his order. 3. The Evaluation Commission shall make recommendations to the Minister of Foreign Affairs on conferring the diplomatic ranks of minister counsellor, counsellor, first secretary, second secretary, third secretary and attaché as well as on his proposal to confer the rank of ambassador extraordinary and plenipotentiary of the Republic of Lithuania or envoy extraordinary and minister plenipotentiary of the Republic of Lithuania. Article 43. Sequence of Conferral of Diplomatic Ranks 1. The first diplomatic rank shall be conferred on a person who has successfully completed the probationary period. A higher diplomatic rank shall be conferred, as a rule, after a period of four years, provided that no disciplinary penalty has been imposed on the diplomat. This procedure for conferring ranks shall also apply to diplomats transferred on a temporary basis to an international and EU institution or a foreign institution. 2. Diplomatic ranks may be conferred for a particularly proactive, responsible or successful approach to work before the expiry of the term specified in paragraph 1 of this Article. 3. A person appointed as a diplomatic representative of the Republic of Lithuania also a person with whom a fixed-term diplomatic service contract has been concluded shall be accorded a diplomatic rank irrespective of the provisions of paragraphs 1 and 2 of this Article. Such persons shall be accorded a diplomatic rank on the proposal of the Evaluation Commission, taking into account the post held, their competence and experience in the field of foreign relations. Article 44. Diplomatic Rank upon Leaving the Diplomatic Service of the Republic of Lithuania. Right to Have the Diplomatic Status Restored 1. A person shall retain the diplomatic rank of minister counsellor, counsellor, first secretary, second secretary, third secretary or attaché for life upon retiring from the diplomatic service of the Republic of Lithuania. 2. A person (except for persons having the diplomatic rank of ambassador extraordinary and plenipotentiary of the Republic of Lithuania or envoy extraordinary and minister plenipotentiary of the Republic of Lithuania) who has served under a fixed-term diplomatic service contract shall lose his diplomatic rank upon the expiry of the fixed-term diplomatic service contract. 3. Former diplomats (except for diplomats who served under fixed-term diplomatic service contracts) may have their diplomatic status restored in accordance with the procedure established by the Minister of Foreign Affairs, provided that they express a wish to have the  diplomatic status restored within five years from termination of the diplomatic service contract and their diplomatic service contract was not terminated on grounds indicated in paragraph 1 and subparagraphs 1, 5, 6, 7, 8 and 9 of paragraph 2 of Article 58 of this Law. 4. The five-year period specified in paragraph 3 of this Article shall not apply where, in the event of official necessity, the diplomatic status is restored in accordance with the procedure established by the Minister of Foreign Affairs to former diplomats who have voluntarily terminated the diplomatic service contract and have been admitted to an international and EU institution or a foreign institution, also to former diplomats who have voluntarily terminated the diplomatic service contract and departed together with theirs spouses transferred, appointed or selected to an international and EU institution or a foreign institution. Such persons shall have the right to have their diplomatic status restored within six months from the end of service at the international and EU institution or the foreign institution or within six months from the end of the spouse’s service at the international and EU institution or the foreign institution or within six months from submission of an application for the restoration of diplomatic status where such an application is submitted before the end of the spouse’s period of service at the international and EU institution or the foreign institution. 5. The five-year period specified in paragraph 3 of this Article shall not apply where, in the event of official necessity, the diplomatic status is restored in accordance with the procedure established by the Minister of Foreign Affairs to former diplomats referred to in paragraph 4 of Article 24 of this Law. Such persons shall have the right to have their diplomatic status restored within three months from the end of the term of office of a state politician or a civil servant of political (personal) confidence, except for the cases where the powers of a state politician have terminated pursuant to Article 74 of the Constitution of the Republic of Lithuania and the powers of a civil servant of political (personal) confidence have terminated due to a disciplinary penalty imposed on him, namely dismissal, loss of citizenship of the Republic of Lithuania or upon entry into force of a court judgment impo …