Lithuania
Legal basis
- Crisis or armed conflict time
In accordance with law on:
STATE OF WAR in Lithuania – “Lietuvos Respublikos karo padėties įstatymas”
https://www.e-tar.lt/portal/lt/legalAct/TAR.C70309CDEB7B/fRkCQKPRLa (in Lithuanian) among other regulations foresees possible government restrictions (for personnel and goods movement trough the state border) in the time of STATE OF WAR and government power to ordain local providers’ to produce (even to change production type) and to supply armed forces with military and civilian goods and services for the country’s defence purposes.
STATE OF EMERGENCY in Lithuania – „Lietuvos Respublikos nepaprastosios padėties įstatymas“ https://www.e-tar.lt/portal/lt/legalAct/TAR.845C6618A647/qzRUsWGAJW (in Lithuanian) foresees possible government restrictions (for personnel and goods movement trough the state border) in the time of STATE OF EMERGENCY.
- Urgent reasons (i.e. operational reasons)
According to the Law on Public Procurement in the Field of Defence and Security, contracting authorities could negotiate the contracts without publication of contract notice in cases of extreme urgency resulting from the circumstances which could not be foreseen.
- Mergers-Acquisitions
- Foreign investments
In accordance with law on:
Lithuanian companies, facilities and equipment having strategic importance to national security, and other companies important for ensuring national security – „LR strateginę reikšmę nacionaliniam saugumui turinčių įmonių ir įrenginių bei kitų nacionaliniam saugumui užtikrinti svarbių įmonių įstatymas“
https://www.e-tar.lt/portal/lt/legalAct/TAR.57E0E8B29108/nfcEHFIVHS (in Lithuanian) foresees restrictions for local and foreign investment to the strategic Lithuanian objects and companies as well as national security requirements for the investors into Lithuanian strategic objects and companies. Also provides conditions then investor have to satisfy these national security requirements.
- Export licenses
In accordance with:
- Law on the Control of Weapons and Ammunition
http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=470004 (in Lithuanian) Groups weapons and ammunition into categories, consolidates the legal basis of the circulation of arms and ammunition and the control thereof, brokering activities, establishes the rights and duties of entities whose activities are related with arms and ammunition. - Law on the Control of Strategic Goods
http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=451914 (English, amendment from 11 October 2011). Establishes conditions of control of export, import, transit, transfer within the European Union of military equipment and brokering as well as of activities that may contribute to the proliferation of weapons of mass destruction and conventional arms. - Law on the Control of Circulation of Explosives
http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=430787&p_query=&p_tr2=2 (in Lithuanian) Sets the legal basis for the circulation of explosive materials and its control as well as establishes the rights and duties of entities whose activities are related with explosives. - Law on the Implementation of the Economic and Other International Sanctions (LES) (last amended on 1 January 2012 – No IX-2160) Resolution of the Government of the Republic of Lithuania on the Law on the Implementation of the Economic and Other International Sanctions (LES) 6 June 2015
http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=414455&p_query=&p_tr2=2 (in Lithuanian) Lays down the procedure for implementing the non-military international sanctions in the Republic of Lithuania imposed by the United Nations and other international organisations, as well as the European Union. - Resolution on the Approval of the Licensing Rules for Export, Import, Transit, Brokering and Intra-EU Transfers of Strategic goods, the Rules on the Implementation of Control of Strategic goods and the Rules on the Certification of Recipient Undertakings Manufacturing Military Equipment
http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=446708 (English, amendment from 29 May 2012) - Resolution specifies the provisions of LCSG and the competencies of national institutions involved in licensing administration and enforcement procedures. The resolution sets up the Commission for the Resolution of Issues Relating to the Licensing of Strategic Goods.
- Resolution of the Government of the Republic of Lithuania on the Approval of the List of the States to Which the Export or Transit of the Goods Listed in the Common Military List is Prohibited and for which Brokering in Negotiations and Transactions in the Goods Listed in the Common Military List is Prohibited (RAE)
http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=414925&p_query=&p_tr2=2 (in Lithuanian) Establishes a list of States, which are subject to arms embargoes. - Order of the Minister of National Defence of the Republic of Lithuania on the Approval of the Common Military List (last amended 25 January 2018 No V-89) https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/5d6b46d301da11e8a2469c61d7bb0a92?positionInSearchResults=3&searchModelUUID=4d97a458-b4c8-4ac3-8ecd-261fb556712b (in Lithuanian). Establishes a list of Military equipment. This List must conform to the Common Military List of the European Union.
- Codes/Regulations involving Defence Industry
- Other?
Objectives of the national SoS policy
To ensure that national and foreign industrial resources (supply of defence goods and services) needed to meet critical and urgent defense requirements are provided in a timely, effective an efficient manner.
National bodies involved and areas of responsibilities
The main national authorities involved in SoS issues is in Lithuania are:
- The Ministry of Energy (electricity and gas supply issues)
- The Ministry of Economy (Public procurement policy, State-Owned Enterprises)
- The Ministry of Transport and Communications (Rules on Licensing of Carriage of Passengers, Luggage and Goods, border crossings procedures, Transit and etc.)
- The Ministry of national Defence (defence issues). The Procurement Department from Lithuanian Ministry of Defence is responsible for the procurement of defensive equipment for the Lithuanian Defence Forces. Lithuanian army unit, Movement control center, in collaboration with other services controls the import, export and transit of strategic goods and technologies across the territory of the Republic of Lithuania.
The role of SoS in Procurement procedures (requirements, evaluation etc.)
The Public Procurement in the Field of Defence and Security, which transposes Directive 2009/81/EC, allows requiring SoS guaranties in procurement procedures.
Contractual terms on SoS
All contracting authorities of the Defence system of Lithuania use standard terms and conditions of the contracts. Those standard terms and conditions do not include specific SoS terms. Specific SoS requirements (for intellectual property rights, export control, etc.) are included on case by case basis.
In the contracts for the purchase of defence systems, the provisions for the maintenance of the system are included. That ensures contractors logistic support for the entire life cycle of the system.
National policy on sharing information on stocks/inventories
Lithuania as a member of NLSE (NATO Logistics Stock Exchange) takes part in the “Common Item Material Management” (COMMIT). To share stocks related information is not a frequent practice. Typically, the decision to share stocks related information shall be made on a case-by-case basis and shall be agreed through specific contract, treaty, MoU or LoI whose Implementing Arrangements allow information (on national stocks) to be shared between participating nations; and/or organizations (ex. OCCAR, NSPA and etc.). For example Lithuania has 155 mm. self-propelled Panzer Haubitzer PzH 2000 Support Partnership Agreement which include pooling of spare parts with a number of other countries using the same weapon system through NSPA.
Existing Bi/Multi-lateral SoS agreements
There are some bilateral and multilateral agreements ex. MOU with Sweden and MOU between 3 Baltic countries. The main reasons for those agreements are based on cost savings or convenience considerations but not on Security of Supply. Hence, there are no specific SoS agreements involving other countries at Ministry of National Defence level. However, Lithuania as a participating member in OCCAR (IFV Boxer) programme and as a member of NSPA agency can use SoS related services of these organizations.
SoS Experts contact info
SoS PoCs/National representatives contact info
Maj. Egidijus Čeplinskas
Lithuanian Ministry of National Defence
Science and technology Division, Armaments and C2 Systems Department
e-mail.: egidijus.ceplinskas@mil.lt
Tel. office: 00370 70682065
Link to related national websites
http://lrv.lt/en/about-government/ministries-1 – Ministries of Lithuania
http://vpt.lrv.lt/en/ – Public procurement office
http://www3.lrs.lt/dokpaieska/forma_e.htm – Lithuanian laws website
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Page Last Updated: 28 February 2019