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Lithuania Profile

Export Control Developments in Lithuania


 

30 August 2005: LITHUANIAN BORDER GUARDS TO ASSIST GEORGIAN COUNTERPARTS
On 30 August 2005, the Lithuanian government approved the country’s participation in the European Union’s (EU) mission in Georgia aimed at assisting the Georgian State Border Guard Department. According to this decision, two officers from the Lithuanian State Border Protection Service—Major Jan Baranovski and Captain Sergey Makarov—joined the EU mission, which will last from 1 September 2005 to 28 February 2006. The Lithuanian officers are responsible for analyzing the security situation on the Georgian borders, evaluating border management activities of the Georgian State Border Guard Department, observing patrol work by local border guards, and estimating the need for relevant training and equipment.[1]
Source:
[1] “Litovskiye pogranichniki primut uchastiye v missii ES v Gruzii” [Lithuanian Border Guards Will Participate in the EU Mission in Georgia], Baltic News Service, 30 August 2005; in Integrum Techno, <http://www.integrum.com>.
This item originally appeared in International Export Control Observer: <http://www.cns.miis.edu/pubs/observer/index.htm>. {Entered 10 May 2006 SR}

 

September 2004: EXPORT CONTROL SEMINAR HELD IN LITHUANIA
In late September, a team of NNSA experts participated in a training of Lithuanian customs and border guard officials at the Lithuanian Customs Training Center. NNSA’s participation involved familiarizing Lithuanian customs and border guard personnel with the scope of commodities controlled by the various WMD nonproliferation regimes. Presentations provided by Lithuanian customs officials and by Lithuania’s Radiation Protection Center were designed to inform the audience about controlled commodities either used and produced in Lithuania, or transiting the region. The NNSA will continue working with Lithuanian partners in the years to come so that their technical experts become proficient in training frontline officials in the recognition of controlled items, and in conducting the analysis of commodities in order to determine whether or not they are controlled for nonproliferation purposes.
Source:
Richard Talley, "Export Control Training Seminars in Latvia, Georgia, and Lithuania,"
NIS Export Control Observer, October 2004, CNS website, <http://www.cns.miis.edu/pubs/nisexcon/index.htm>.

October 2003: THE BALTIC STATES IMPROVE THEIR EXPORT CONTROL SYSTEMS TO JOIN THE EU
Estonia, Latvia, and Lithuania are currently upgrading their export control systems in order to meet European Union (EU) standards before joining the EU in May 2004. The EU may find it challenging, however, to accommodate existing members with advanced export control mechanisms and newcomers with less elaborate export control systems. Furthermore, while all current EU member states are members of every multilateral export control regime, Estonia and Lithuania do not belong to any of the regimes, and Latvia is a member of only the Nuclear Suppliers Group (NSG). To the extent they remain outside the regimes, the Baltic states will not be allowed to participate in the decision-making processes within the groupings; however, as full-fledged members of the EU, they will have to abide by the regime-related decisions that are made by other EU members.[1] Below is a brief summary of nonproliferation export control efforts in Lithuania.

In the past couple of years, Lithuania has taken a number of steps to bring the legal foundation of its national export control system into conformity with international standards.[2] On 20 November 2001, the government adopted Decree No. 1390, On Approval of Lists of Controlled Strategic Goods and Technologies. This decree approved the following two control lists: the List of Dual-Use Goods and Technologies, which is almost identical to Annex I of EU Council Regulation No. 1334/2000 of 22 June 2000, and the List of Military Equipment, containing most of the items from the EU list of military equipment (which is the part of the EU Code of Conduct on Arms Exports).[5]

On 5 July 2002, the Lithuanian parliament passed law No. IX-1051, On Amendments to the Law on Control of Import, Transit, and Export of Strategic Goods and Technologies, which added the following provisions to the 1995 Law of the Republic of Lithuania on the Control of Export, Import, and Transit of Strategic Goods:

• a declaration that the Lithuanian export control system contributes to the international nonproliferation export control framework;
• a declaration that the national control lists of strategic goods are to be based on the control lists of the multilateral export control regimes;
• a declaration that decisions on issuing transit licenses are to be based on the guidelines of the multilateral regimes;
• a catch-all clause, and a clause on control over intangible transfers and brokering activities;
• a clause regarding controls on services related to dual-use goods and military equipment;
• a list of embargoed countries; and
• a list of strategic goods.

On 27 March 2003, the government adopted Decree No. 380, On Implementation of Export, Import, and Transit Control and Licensing Procedures. The decree details the different types of licenses, the license application procedure, the licensing mechanism, as well as procedures for license suspension, cancellation, and revocation. Article 199 of the Criminal Code of Lithuania, which entered into force on May 1, 2003, states that “transfer of firearms, ammunition, explosives, radioactive substances or other strategic goods, poisonous, narcotic, and psychotropic substances or other substances through the customs border of the Republic of Lithuania without a required permit is punishable by up to eight years of imprisonment.”[3]

On April 29, 2003, the Permanent Mission of Lithuania in Vienna forwarded Lithuania’s official application for NSG membership to the Mission of the Czech Republic, which chaired the NSG at the time.[1] The Lithuanian Foreign Ministry sent a note to the Director General of the International Atomic Energy Agency, informing him of the country’s intention to accede to the NSG. Lithuania's application for membership in the NSG was not reviewed at the plenary meeting in Pusan, South Korea, on 19-23 May 2003. However, the Lithuanian government hopes that NSG members will review the application at the 2004 plenary meeting.

On 6 August 2003, the Lithuanian Cabinet of Ministers passed a resolution calling for Lithuania to apply for MTCR membership, and shortly thereafter, Lithuania submitted an official application.[4] At the plenary meeting on 23-27 September 2003 in Buenos Aires, Argentina, MTCR members reviewed membership applications from 11 countries, including Estonia, Latvia, and Lithuania. The member states requested more time to review the applications from all the candidates and made no decision on admitting new members at the plenary meeting.[5] Furthermore, Lithuania has also expressed interest in eventually joining the AG and the Wassenaar Arrangement.[3]
Sources:
[1] For more details on the export control challenges faced by new EU members, see: Scott Jones, “EU Enlargement: Implications for EU and Multilateral Export Controls,” The Nonproliferation Review, Vol. 10, No. 2, Summer 2003.
[2] “Lithuania Amends Export Control Legislation, Expands List of Embargoed Countries,”
NIS Export Control Observer
, No. 2, February 2003, p. 3, <http://www.cns.miis.edu/pubs/nisexcon/index.htm>.
[3] CITS correspondence with Regimantas Jablonskas, Counsellor, Foreign Trade Policy Division, Lithuanian Ministry of Foreign Affairs, August 2003.
[4] “Lithuania to Join Missile Technology Control Regime,” Baltic News Service, August 1, 2003, <www.bns.lt/>. 
[5] CITS correspondence with U.S. and Lithuanian government officials, October 2003.
This item originally appeared in NIS Export Control Observer: <http://www.cns.miis.edu/pubs/nisexcon/index.htm>.

July 2003: LITHUANIA INSTALLS AUTOMATED CUSTOMS DECLARATION SYSTEM
On July 22, 2003, Lithuanian radio aired an interview with Rimutis Klevecka, acting director of the Lithuanian Customs Department, which is under the Ministry of Finance, who announced that the Department, in cooperation with the Transekspeditsiya freight forwarding company, has begun to install an automated customs declaration system. This system, known as ASYCUDA, or the Automated System for Customs Data, is expected to speed up customs operations and help prevent smuggling. The software is currently being installed at companies operating in the area covered by the Vilnius territorial customs unit, which will allow every company in the area to submit declarations to the Customs Department electronically. According to Klevecka, the installation of ASYCUDA not only simplifies customs operations but also saves commercial enterprises considerable time if they choose to fill in electronic declarations.

ASYCUDA automatically directs goods either to a green channel, where declarations and goods are not checked, a yellow channel, where only documents are checked, or a red channel, where customs will conduct an inspection of shipped goods. The channeling by ASYCUDA reflects assessments of possible risks posed by various carriers, goods, countries of origin, etc. The customs’ violation prevention teams carry out those risk assessments and enter them into the system prior to the channeling.

The introduction of electronic declaration procedures is expected to bring the Lithuanian business environment closer to Western standards and improve customs-business relations, which is especially important in view of the forthcoming accession of Lithuania to the European Union.
Source:
Lithuanian Radio, 22 July 2003; in “Lithuanian customs launches automated declaration system,” FBIS Document CEP20030723000061.
This item originally appeared in NIS Export Control Observer: <http://www.cns.miis.edu/pubs/nisexcon/index.htm>.

26 March 2003: LITHUANIAN CUSTOMS CHIEF RESIGNS
On 26 March 2003, Head of the Lithuanian Customs Department Valerijonas Valickas submitted a letter of resignation to the Lithuanian Finance Minister. The resignation took effect 31 March 2003. The Finance Ministry reported that the Ministry was not pleased with Valerijonas Valickas's work. Valickas was criticized for his management style and lack of cooperation with the business community.
Source:
"Glava tamozhennogo vedomstva Litvy ukhodit v otstavku," Baltic News Service, 26 March 2003; in Integrum Techno, <http://www.integrum.com>.
This item originally appeared in NIS Export Control Observer: <http://www.cns.miis.edu/pubs/nisexcon/index.htm>. {Entered 21 April 2003 AI}

24 January 2003: LITHUANIA AMENDS EXPORT CONTROL LEGISLATION; EXPANDS LIST OF EMBARGOED COUNTRIES
According to a report presented at the Fourth International Conference on Export Controls held 30 September - 3 October 2002 in Warsaw, Poland, the Lithuanian government introduced key changes to its national export control legislation in 2002.

Prior to 2002, the country's export control system operated under Law No. I-1022 On Control of Import, Transit, and Export of Strategic Goods and Technologies of 5 July 1995, and several pieces of supporting legislation. On 5 July 2002, Law No. I-1022 was amended by Law No IX-1051 to include the following major elements: control of services related to dual-use goods and military equipment; control of intangible transfers; control of brokering activities; a catch-all provision; a list of embargoed countries; a list of strategic goods; and additional restrictions on granting export licenses. Under the amended law, Lithuania's Ministry of Economy is responsible for export controls over dual-use goods and military equipment. Export, import, and transit licensing decisions are made by a Group of Experts, consisting of representatives of various state agencies.

Government Decree No. 1390 On Approval of Lists of Controlled Strategic Goods and Technologies, approved on 20 November 2001, entered into force on 20 June 2002. This Decree approved the following two control lists: the List of Dual-use Goods and Technologies, which is a close translation of Annex I of EU Council Regulation No. 1334/2000 (22 June 2000); and the List of Military Equipment, which is a close translation of the EU list of military equipment covered by the European Union Code of Conduct on Arms Exports.[1]

More recently, in January 2003, the Foreign Ministry of Lithuania expanded the list of countries to which Lithuanian companies may not export controlled strategic goods. Previously, exports of controlled goods were banned to seven countries by a 1997 parliamentary decree. The expanded list now includes 14 states, the terrorist group al-Qaeda, and groups related to the Taliban regime. The 14 countries are: Afghanistan, Armenia, Azerbaijan, Bosnia and Herzegovina, China, Congo, Iraq, Liberia, Myanmar, Sierra Leone, Rwanda, Somalia, Sudan, and Zimbabwe.[2] In addition, in summer 2002 Lithuania introduced a new procedure, whereby the list of embargoed countries/non-state organizations may be amended without parliamentary approval. Lithuanian Foreign Minister Antanas Valionis said that the new list follows the lists of the UN Security Council and the Organization for Security and Cooperation in Europe.[2]
Sources:

[1] The Fourth International Conference on Export Controls, "Changes in Lithuania's Export, Import and Transit Control System," ICXC 2002 website, <http://www.exportcontrol.org/home/conference/index.htm>.
[2] "Lithuania Expands List of Countries to which Strategic Goods' Exports is Banned (Corrected)," Baltic News Service, January 10, 2003; in Lexis-Nexis Academic Universe, <http://www.lexis-nexis.com>.
This item originally appeared in NIS Export Control Observer: <http://www.cns.miis.edu/pubs/nisexcon/index.htm>. {Entered 24 January 2003 AI}

9 October 2002: U.S. AND LITHUANIA TO COOPERATE IN NONPROLIFERATION OF WMD
On 9 October 2002, the United States and Lithuania signed an agreement to cooperate in the prevention of proliferation of weapons of mass destruction. Under this agreement, the U.S. government transferred $340,000 dollars worth in equipment to Lithuania's Customs Department, Border Guard, and the Ministry of National Economy. In addition, the Lithuanian Ministry of National Economy received "Tracker," a software program that will help the government to coordinate its export licensing system.
Source:
SSHA i Litva budut sotrudnichat v borbe s rasprostraneniem oruzhiya massovogo unichtozheniya," Baltic News Service, 9 October 2002; in Integrum Techno, <http://www.integrum.com>. {Entered 14 February 2003 AI}

December 1999: NEW PROCEDURE FOR RADIOACTIVE MATERIALS TRANSPORT
According to Stasys Motiejunas, head of the Environment Ministry's Radioactive Materials Unit, a new procedure regulating the import, export, and transit of nuclear materials entered into force in December 1999. The procedure was adjusted to meet European Union legal standards and will remain in force until Lithuania is accepted for membership in the EU.
Source:
Baltic News Service, 5 January 2000, in "Lithuania Adjusts Transportation of Radioactive Materials," FBIS Document FTS 2000105000475. {Entered 27 March 2000 LBB}

September 1997: Background Report on Lithuanian Export Controls
On 19 November 1993, Lithuania passed the resolution On Establishing a Control System for the Export and Import of Strategic Goods and Technologies, which came into force on 24 November 1993. On 10 March 1994, Lithuania notified COCOM of its attempts to create a Lithuanian export/import control system. Shortly thereafter, a working group of representatives from various Lithuanian ministries met to create a specific plan for establishing the control system. The working group's program sought to ensure that Lithuania's export control system was consistent with COCOM requirements.

The Lithuanian government approved the two-part program on 16 March 1994. The program specified both preparatory actions and the preparation of laws and legislation related to export, import, and transit control. On 30 January 1995, the Lithuanian government approved the bill Concerning Control of the Import, Transit, and Export of Strategic Goods and Technologies, and presented it to the Seimas (parliament), which approved the law on 5 July 1995. The law empowers the Ministry of the Economy to act as the coordinator and main executor of the export control system, issuing licenses for the transit and export of controlled goods. The Customs Department, under the Ministry of Finance, administers the accounting of controlled imports and exports. Other ministries and state authorities whose sphere of activity covers specific controlled items (including the Nuclear Power Safety Inspectorate (VATESI), which is responsible for control of all nuclear materials on Lithuanian territory) shall consult with the Ministry of the Economy on the approval of applications for the import, export, or transit of controlled goods. The law was to enter into force on 1 July 1996, but on 9 February 1996, the Ministry of Economy requested a delay, citing potential problems related to Russian military transport between the contiguous territory of the Russian Federation and Kaliningrad Oblast. On 3 July 1996, the Seimas postponed the effective date of the law until 1 July 1997. Regulations on the import, transit, and export of nuclear related goods and technologies were drafted in June 1997.
Source:
NISNP background report prepared by Sigitas Kurselis, CNS visiting scholar, March 1997, LIT970321.

 



 

Updated May 2006



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CNSThis material is produced independently for NTI by the James Martin Center for Nonproliferation Studies at the Monterey Institute of International Studies and does not necessarily reflect the opinions of and has not been independently verified by NTI or its directors, officers, employees, agents. Copyright © 2007 by MIIS.

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