Basic information
Outline of the system
The licensing of imports of strategic goods is regulated by the Law concerning Control of Import, Transit, and Export of Strategic Goods and Technologies of 5 July 1995, Government Resolution No. 1390 “On Amendment of Government Resolution No. 1321 “On Approval of Lists of Controlled Strategic Goods and Technologies” of 28 November 1997” of 22 November 2001, Government Resolution No. 573 “On Implementation of Import, Transit and Export Control of Strategic Goods and Technologies” of 6 June 1997, Government Resolution No. 743 “On the Procedure of Implementation of Import, Transit and Export Licensing and Control of Strategic Goods and Technologies” of 8 July 1997 and is administered by the Ministry of Economy. Decision on export, import and transit licensing are made by the interministerial group of experts.
Product coverage
The imports of strategic goods are subject to non-autonomous licensing. The lists of goods are approved by the Government Resolution No. 1390 “On Amendment of Government Resolution No. 1321 “On Approval of Lists of Controlled Strategic Goods and Technologies” of 28 November 1997” of 22 November 2001.
The approved lists of controlled strategic goods consist of two lists:
· the list of dual-use goods and technologies.
· the list of military equipment.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The licensing is intended to assure the national security.
Questions for products under restriction as to the quantity or value of imports
No quantitative or value restrictions.
The system applies to products originating from which country?
The system applies to the goods originating in and coming from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The licensing of trade in strategic goods is based and maintained on the Law concerning Control of Import, Transit, and Export of Strategic Goods and Technologies of 5 July 1995 published in Official Gazette “Valstybes zinios” No. 61-1533, 1995, the Government Resolution No. 1390 “On Amendment of Government Resolution No. 1321 “On Approval of Lists of Controlled Strategic Goods and Technologies” of 28 November 1997” of 22 November 2001 published in Official Gazette “Valstybes zinios” No. 100-3594, 2001, the Government Resolution No. 573 “On Implementation of Import, Transit and Export Control of Strategic Goods and Technologies” of 6 June 1997 published in Official Gazette “Valstybes zinios” No. 55-1272, 1997 and the Government Resolution No. 743 “On the Procedure of Implementation of Import, Transit and Export Licensing and Control of Strategic Goods and Technologies” of 8 July 1997 published in Official Gazette “Valstybes zinios” No. 67-1690, 1997.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to apply for import licence.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
What documents is the importer required to supply with the application?
The following documents shall be submitted along with the application to obtain an import licence:
• a certificate of enterprise registration;
• a permit (licence) to engage in a licensing activity;
• the authorized person shall submit a power of attorney;
• contract or a copy of it;
• the list of consumers currently using these goods (technologies);
• the list of requirements set by the exporter or producer.
Window of submission of an application
How far in advance of importation must application for a licence be made?
It is up to the applicant to decide when to apply for a licence, knowing that the document will be issued within 40 days of receipt of the application.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations as to the period of the year during which application for licence and/or importation may be made.
Issuing the license
Can a licence be granted immediately on request?
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
An importer or an authorized person has to apply only one administrative body in connection with an application, namely the Ministry of Economy.
Must the applications be passed on to other organs for visa, note or approval?
An importer or an authorized person has to apply only one administrative body in connection with an application, namely the Ministry of Economy.
Are there any other conditions attached to the issue of a licence?
There are no other conditions attached to the issuance of a licence.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
The state fee shall be collected for licence issuance in accordance with the Government Resolution No. 1458 “On Approval of the List of Entities Subject to Imposition of the State Fee, the Fee Rate and the Procedure for its Payment and Repayment” (Official Gazette “Valstybes zinios” No. 108-3463, 2000).
What is the amount of the fee or charge?
The fee for import licensing is 120 LTU (35 EUR).
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment requirement associated with the issuance of licences.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Import licences shall not be issued, if an importer holds no relevant permits to import, transport in transit and export of strategic goods, while laws of the Republic of Lithuania and foreign states establish the receipt procedure of these permits.
Are the reasons for any refusal given to applicants?
The reasons for any refusal are given to the applicant in writing.
Have applicants a right of appeal in the event of refusal to issue a licence?
In the event of refusal to issue a licence, the applicant has a right of appeal pursuant to the procedure provided by law.
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
There are no limitations as to the period of the year during which application for licence and/or importation may be made.
What documents are required upon actual importation?
Upon actual importation, an importer is required to submit the approved licence along with the general document while conducting customs procedures.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures, apart from import licensing required prior to importation of strategic good.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
A single licence is valid for six months and a multiple licence one year from the date of issue. The validity of a licence can be extended.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of a licence or a portion of it.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Foreign exchange is automatically provided by the banking authorities for goods to be imported.