Strategic goods
- Document symbol
- G/LIC/N/3/LTU/1
- Original language
- English
- Published on
- 03/04/2003
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another 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.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
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.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to the goods originating in and coming from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The licensing is intended to assure the national security.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
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.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
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.
Q7.b. Can a licence be granted immediately on request?
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may 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.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
An importer or an authorized person has to apply only one administrative body in connection with an application, namely the Ministry of Economy.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
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.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All persons, firms and institutions are eligible to apply for import licence.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. 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.
Q11. 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.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
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).
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
There is no deposit or advance payment requirement associated with the issuance of licences.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence 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.
Q15. 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.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
There are no other conditions attached to the issuance of a licence.
Other Procedural Requirements
Q18. 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.
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
Foreign exchange is automatically provided by the banking authorities for goods to be imported.