Weapons and ammunition, pyrotechnical devices, explosives, explosive substances and other ammuntion
- 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 import, export and transit of civil weapons (rifled-, combined- and smooth-bore guns, pneumatic and gas weapons for the purposes of hunting, sport or self-defence), except pistols (revolvers) for self-defence, are regulated by the Government Resolution No. 436 “On the Approval of the Rules on Export, Import and Transit of Weapons and Ammunition” of 10 April 1998. Under this Government Resolution a single permit to import, export and transit weapons and (or) ammunition must be obtained from the Police Department under the Ministry of Interior.
Combat and service weapons, explosives and explosive substances, as well as pistols (revolvers) for self-defence, are imported, exported and carried by transit pursuant to the Law concerning Control of Import, Transit and Export of Strategic Goods and Technologies of 5 July 1995, according to which, a single licence to import, export and transit must be obtained from the Ministry of Economy. However, the Ministry of Defence and Weapons Foundation under the Government may import the above weapons and ammunition without having been granted a licence by the Ministry of Economy.
Pyrotechnical devices, police ammunition, special devices of control and security and equipment for criminalists are imported according to the Government Resolution No. 718 “On the Restrictions on the Import, Export and Transit of Some of the Items (Goods)” of 19 May 1995. When importing pyrotechnical devices, a single permit must be obtained from the Ministry of Defence. In case of importing police ammunition, special devices of control and security, equipment for criminalists, a single permit must be obtained from the Police Department under the Ministry of Interior.
Other legal acts, which regulate the licencing of imports of weapons and ammunition, pyrotechnical devices, explosives, explosive substances and other ammunition are the Chapter 22 of the Law on Basics of National Security of 19 December 1996, the Law on the Control of Arms and Ammunition of 15 January 2002 and the Order of Minister of Interior No. 183 “On Prohibiting the Import, Export or Transit of Items (Goods) to, from or through Lithuania provided the Permits were not Issued by the Police Department under the Ministry of Interior” of 23 March 1999.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Licensing procedure is applied to imports of weapons and ammunition, pyrotechnical devices, explosives, explosive substances and other ammunition originating from all countries. Imports of these goods are subject to non-automatic licensing.
Q3. The system applies to goods originating in and coming from which countries?
Licensing procedure is applied to imports of weapons and ammunition, pyrotechnical devices, explosives, explosive substances and other ammunition originating 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 purpose of licensing is to observe the routes of weapons and ammunition, as well as to prevent their entrance to the countries for which the United Nations Organisation has imposed an embargo. The licencing of imports of pyrotechnics and explosives is intended to protect national security and public safety.
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 legal acts indicated in the paragraph 1 cover an exceptional area of regulation, i.e. import, export and transit of weapons and ammunition, pyrotechnical devices, explosives, explosive substances and other ammunition.
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)?
Regarding a permit to transport civil weapons, except pistols (revolvers) for self-defense: The Police Department under the Ministry of Interior issues a permit not later than within 30 days from the date of the submission of a request.
Regarding a permit to import (export) police ammunition, special devices of control and security, equipment for criminalists, pyrotechnical devises, explosives and explosive substances: The Police Department issues a permit not later than within 10 working days from the date of the submission of an application.
Q7.b. Can a licence be granted immediately on request?
Regarding a permit to transport civil weapons, except pistols (revolvers) for self-defense: Permits are not granted immediately, but in most cases they are granted within a shorter period than 30 days.
Regarding a permit to import (export) police ammunition, special devices of control and security, equipment for criminalists, pyrotechnical devises, explosives and explosive substances:Permits are not granted immediately.
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 other limitations.
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?
Which administrative body is responsible for approving application of licences?
Regarding a permit to transport civil weapons, except pistols (revolvers) for self-defense:The importer files an application only with the Police Department but the issuance of a permit is co-ordinated with the Weapons Foundation under the Government.
Regarding a permit to import (export) police ammunition, special devices of control and security, equipment for criminalists, pyrotechnical devises, explosives and explosive substances:The issuance of a permit is not coordinated with other administrative institutions and an importer has to approach only one administrative organ in connection with an application, namely the Police Department under the Ministry of Interior.
Must the applications be passed on to other organs for visa, note or approval?
Regarding a permit to transport civil weapons, except pistols (revolvers) for self-defense:The importer files an application only with the Police Department but the issuance of a permit is co-ordinated with the Weapons Foundation under the Government.
Regarding a permit to import (export) police ammunition, special devices of control and security, equipment for criminalists, pyrotechnical devises, explosives and explosive substances:The issuance of a permit is not coordinated with other administrative institutions and an importer has to approach only one administrative organ in connection with an application, namely the Police Department under the Ministry of Interior.
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?
An application for a permit to transport civil weapons, except pistols (revolvers) for self-defence, and for a permit to import (export) police ammunition, special devices of control and security, equipment for criminalists, pyrotechnical devises, explosives and explosive substances may be rejected if:
• not all necessary documents are submitted or they are not correctly formalised;
• they contradict national security interests, international agreements and obligations;
• the importer cannot ensure appropriate conditions of storage for the number of weapons and ammunition to be imported;
• a licence of an enterprise is no longer valid or is not valid for a certain period of time (import of weapons and/or ammunition).
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?
What persons or firms are eligible to apply for a licence?
Only those enterprises are eligible to apply for a permit to import civil weapons and their ammunition, except pistols (revolvers) for self-defence, which have a right for the acquisition. Enterprises that have a right for the acquisition of civil weapons and their ammunition, except pistols (revolvers) for self-defence are registered by the Police Department.
Is there a published list of authorized importers?
Such list of the enterprises is published in the Official Gazette “Valstybes zinios”.
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?
What information is required in applications?
An application form for a permit to import, export and transit weapons and ammunition, pyrotechnical devices, explosives and explosive substances contains the name, the number of commercial registered card, address and telephone, fax number of importer, the list, quantities and HS codes of the goods to be imported and exporting country.
What documents is the importer required to supply with the application?
The following documents must be submitted together with an application:
• a document proving the fact that state fee has been paid;
• for receiving a permit to import weapons and ammunition, pyrotechnical devises, explosives and explosive substances:
- contract;
- requirements established by the exporter or producer;
• for receiving a permit to transit weapons and ammunition, pyrotechnical devises, explosives and explosive substances:
- contract;
- final consumer certificate issued by the Policy Department.
Applications for permits to import police ammunition, special devices of control and security, equipment for criminalists, pyrotechnical devises, explosives and explosive substances must contain:
• name, code number, address of a legal entity, or name, surname, citizenship, personal code number and/or passport number and address, telephone and fax numbers of a natural entity;
• names, surnames, citizenship, personal code numbers and/or numbers of passports of persons, authorised to take the permit and responsible for transporting items (goods) (when the permit is being issued to a legal entity);
• names, quantities, models, other characteristics of imported (exported) items (goods); date of arrival and departure and state border control posts, through which items (goods) will be imported (exported).
The application must be submitted together with a copy of a permit to export issued by a foreign country from which items (goods) are to be exported and/or a copy of a permit to import issued by a foreign country into which items (goods) are to be imported or documents, proving that items (goods) are imported into a foreign country (exported from a foreign country) without permits.
Q11. What documents are required upon actual importation?
Upon actual importation an importer is required to submit the permission to import 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 following state fees are set:
• 50 LTU (15 EUR) for a permit to import, export or transit civil fire-arms – per fire-arm;
• 50 LTU (15 EUR) for a permit to import police ammunition, special devices of control and security, equipment for criminalists;
• 500 LTU (145 EUR) for a permit to import, export or transit ammunition of civil weapons;
• 50 LTU (15 EUR) for a permit to import, export or transit a substitute barrel of a civil weapons or a shell of a barrel or any other main part of a gun - per part;
• 50 LTU (15 EUR) for a permit to import, export or transit pyrotechnical devices, explosives and explosives substances.
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 advance payment requirement associated with the issuance of a licence.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
A permit to import, export or transit civil weapons is valid for six months. The Police Department, having received a motivated application, may extend the term of validity. A permit to import (export) police ammunition, special devices of control and security, equipment for criminalists, pyrotechnical devices, explosives, and explosive substances is also valid for six months. This permit to import, export or transit is onetime and valid for six months.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
Unused permits for import, export or transit of weapons and ammunition, pyrotechnical devices, explosives and explosive substances must be handed over to the Police Department under the Ministry of Interior or to the Ministry of Interior.
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?
No other conditions for issuance of a licence shall be applicable.
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 applied for the importation of weapons and ammunition, pyrotechnical devices, explosives and explosive substances, apart from import licence required to be presented prior to importation.
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.