REPUBLIC OF LITHUANIA
LAW ON THE DIPLOMATIC SERVICE
29 December 1998 – No VIII-1012
(As last amended on 20 December 2016 – No XIII-147)
Vilnius
CHAPTER I
GENERAL PROVISIONS
Article 1. Purpose of the Law
1. This Law shall establish the legal basis for the formation and functioning of the diplomatic service of the Republic of Lithuania, the legal status and social guarantees of diplomats and members of their families.
2. The legal basis of the diplomatic service of the Republic of Lithuania shall comprise the Constitution of the Republic of Lithuania, the Law of the Republic of Lithuania on Civil Service (hereinafter referred to as the “Law on Civil Service”), this Law, the Consular Statute of the Republic of Lithuania and other laws of the Republic of Lithuania, treaties of the Republic of Lithuania, including the 1961 Vienna Convention on Diplomatic Relations, and other legal acts. The Law on Civil Service, laws and other legal acts establishing labour relations and social guarantees shall apply to diplomats in so far as their status and social guarantees are not established in this Law.
Article 2. Diplomatic Service of the Republic of Lithuania
1. The diplomatic service of the Republic of Lithuania shall be a part of the civil service which, through the institutions of diplomatic service of the Republic of Lithuania, implements and carries out foreign policy formulated by the President of the Republic, the Seimas of the Republic of Lithuania (hereinafter referred to as the “Seimas”) and the Government of the Republic of Lithuania (hereinafter referred to as the “Government”).
2. The diplomatic service of the Republic of Lithuania shall be an integral service. It shall comprise:
1) diplomats working at the Ministry of Foreign Affairs and diplomatic missions of the Republic of Lithuania situated in foreign states and accountable to the Ministry of Foreign Affairs, missions of the Republic of Lithuania to international organisations, consular posts, special missions, negotiating groups and delegations;
2) diplomats working at the Office of the President of the Republic, Office of the Seimas, Office of the Government, ministries, other state institutions or agencies;
3) diplomats transferred on a temporary basis to a post at an international organisation or institution, an EU institution or agency, an institution established by the European Commission or by the Council, an organisation (consortium) established jointly by the European Commission and the European Union Member States, a civilian international operation or mission (hereinafter referred to as an “international and EU institution) or a foreign institution in accordance with the procedure set forth in the Law of the Republic of Lithuania on Secondment of Persons to International and EU Institutions or Foreign Institutions.
3. The diplomatic service of the Republic of Lithuania shall be headed by the Minister of Foreign Affairs within the scope of competence defined by this Law and other legal acts.
Article 3. Diplomats
A diplomat shall be a citizen of the Republic of Lithuania having diplomatic rank. He shall be a statutory civil servant working under a diplomatic service contract or a fixed-term diplomatic service contract.
CHAPTER II
MINISTRY OF FOREIGN AFFAIRS
Article 4. Competence of the Ministry of Foreign Affairs
The scope of competence of the Ministry of Foreign Affairs shall be defined by this Law and other laws as well as by the regulations of the Ministry of Foreign Affairs approved by the Government.
Article 5. Repealed as of 25 November 2004.
Article 6. Collegium of the Ministry of Foreign Affairs and Diplomats’ Performance Evaluation Commission
1. The Collegium of the Ministry of Foreign Affairs (hereinafter referred to as the “Collegium”) shall be an advisory institution to the Minister of Foreign Affairs. The Collegium shall be headed by the Minister of Foreign Affairs who shall approve its composition and rules of procedure. He shall also present the Collegium with issues for consideration. The Collegium shall be comprised of the Minister of Foreign Affairs, the Vice Ministers of Foreign Affairs, the Chancellor of the Ministry and directors of departments. The Minister of Foreign Affairs may also appoint other diplomats to the Collegium. The chairman of the Seimas Committee on Foreign Affairs or a person authorised by him as well as a person authorised by the President of the Republic shall be invited to the meetings of the Collegium.
2. The Diplomats’ Performance Evaluation Commission (hereinafter referred to as the “Evaluation Commission”) shall appraise the performance of diplomats in accordance with the procedure established by the Minister of Foreign Affairs, consider the nominees for diplomats, whether diplomats are suited for the post assigned or held, consider the issues of sending diplomats for training or on a traineeship abroad and concerning the conferral of diplomatic ranks and submit recommendations on these matters to the Minister of Foreign Affairs. The Minister of Foreign Affairs shall approve the regulations of the Evaluation Commission and appoint its chairman and members.
CHAPTER III
DIPLOMATIC MISSION OF THE REPUBLIC OF LITHUANIA
Article 7. Concept of a Diplomatic Mission of the Republic of Lithuania
A diplomatic mission of the Republic of Lithuania is an institution of the Lithuanian diplomatic service operating on a permanent basis in a foreign state or at an international organisation (several international organisations) to maintain official interstate relations or official relations with an international organisation, implement foreign policy tasks of the Republic of Lithuania and protect the rights and lawful interests of the Republic of Lithuania, its citizens, enterprises and other legal entities. A diplomatic mission of the Republic of Lithuania shall be directly subordinate to the Ministry of Foreign Affairs.
Article 8. Establishment and Liquidation of a Diplomatic Mission of the Republic of Lithuania
1. A diplomatic mission of the Republic of Lithuania shall be established or liquidated by the Government, acting on a proposal of the Minister of Foreign Affairs and after having considered the issue at the Seimas Committee on Foreign Affairs. In the absence of an agreement as to the number of staff of the diplomatic mission of the Republic of Lithuania with the state whereto the mission is accredited, its composition shall be determined by the Minister of Foreign Affairs. The composition of the mission of the Republic of Lithuania to an international organisation shall be determined by the Minister of Foreign Affairs.
2. In the presence of an agreement, a foreign state may represent the interests of the Republic of Lithuania in other states if the states concerned express their consent. The decision concerning such representation shall be adopted by the Government, acting on a proposal of the Minister of Foreign Affairs and with the approval of the Seimas.
Article 9. Functions of the Diplomatic Mission and Consular Post of the Republic of Lithuania
1. A diplomatic mission of the Republic of Lithuania in a foreign state whereto it is accredited shall perform the following functions:
1) represent the Republic of Lithuania and maintain official relations with the foreign state;
2) implement the tasks of foreign policy of the Republic of Lithuania;
3) negotiate with the Government of the foreign state;
4) protect the rights and lawful interests of the Republic of Lithuania, its citizens, enterprises and other legal entities;
5) receive, collect and forward by lawful means to the Ministry of Foreign Affairs information about the foreign state’s political and economic life and events;
6) promote friendly relations between the Republic of Lithuania and the state concerned and participate in developing economic, cultural and scientific cooperation; promote cooperation between the Republic of Lithuania and the state concerned to ensure security and peace;
7) disseminate information about the Republic of Lithuania, its political, social and economic situation, and culture, customs and traditions;
8) engage in cultivation and strengthening of relations between Lithuanians residing in the state concerned and Lithuania.
2. The Minister of Foreign Affairs may assign a diplomatic mission of the Republic of Lithuania in a foreign state to perform consular and other functions in compliance with its status pursuant to the 1961 Vienna Convention on Diplomatic Relations and public international law.
3. Consular posts of the Republic of Lithuania may perform the functions specified in paragraph 1 of this Article where this is not prohibited by the laws and other legal acts of the receiving state or where the receiving state has no objections thereto or where this is provided for by the treaties in force between the Republic of Lithuania and the receiving state.
Article 10. Functions of a Mission of the Republic of Lithuania to an International Organisation
A mission of the Republic of Lithuania to an international organisation shall perform the following functions:
1) represent and protect the interests of the Republic of Lithuania at an international organisation;
2) implement the tasks of foreign policy of the Republic of Lithuania;
3) maintain relations between the Republic of Lithuania and the international organisation;
4) negotiate with the international organisation;
5) receive, collect and communicate by lawful means to the Ministry of Foreign Affairs information about the activities of the international organisation;
6) ensure the participation of the interested institutions of the Republic of Lithuania in the activities of the international organisation;
7) disseminate information about the Republic of Lithuania, its political, social and economic situation, and culture, customs and traditions;
8) contribute to the implementation of the objectives and tasks of the international organisation.
Article 11. Head of a Diplomatic Mission of the Republic of Lithuania
1. A diplomatic mission of the Republic of Lithuania shall be headed by a diplomatic representative or chargé d’affaires ad interim of the Republic of Lithuania.
2. A diplomatic representative of the Republic of Lithuania may be simultaneously accredited to more than one foreign state with the consent of those states.
3. The head of a diplomatic mission of the Republic of Lithuania may also be appointed to act as a representative of the Republic of Lithuania to any international organisation.
Article 12. Special Mission of the Republic of Lithuania
1. A special mission of the Republic of Lithuania, consisting of a person or a group of persons appointed by the Minister of Foreign Affairs or by the President of the Republic or the Government, acting on a proposal of the Minister of Foreign Affairs, shall deal with specific issues of interstate relations or perform specific assignments.
2. Diplomats or other persons may be appointed as members of a special mission.
3. Members of a special mission of the Republic of Lithuania shall enjoy the privileges and immunities provided for in the 1969 Convention on Special Missions.
Article 13. Funding of a Diplomatic Mission and Consular Post of the Republic of
Lithuania
Diplomatic missions and consular posts of the Republic of Lithuania shall be funded from the state budget of the Republic of Lithuania through the Ministry of Foreign Affairs.
Article 14. Staff of a Diplomatic Mission and Consular Post of the Republic of
Lithuania
1. The staff of a diplomatic mission and consular post of the Republic of Lithuania shall comprise:
1) diplomatic staff: diplomats, special attachés of the Republic of Lithuania and their assistants, military representatives and their assistants, special counsellors and their assistants working at a diplomatic mission or consular post of the Republic of Lithuania;
2) administrative and technical staff: citizens of the Republic of Lithuania who are not diplomats, employed in the administrative and technical service of a diplomatic mission or consular post of the Republic of Lithuania;
3) service staff: persons, who are not diplomats, employed in the domestic service of a diplomatic mission or consular post of the Republic of Lithuania.
2. The Ministry of Foreign Affairs or diplomatic missions of the Republic of Lithuania in foreign states, missions of the Republic of Lithuania to international organisations, consular posts or special missions authorised by the Ministry of Foreign Affairs shall conclude fixed-term employment contracts with the employees of a diplomatic mission or consular post of the Republic of Lithuania who are not civil servants or servicemen.
3. The appointment and activities of special attachés, including the defence attachés of the Republic of Lithuania, shall be governed by the regulations for special attachés of the Republic of Lithuania approved by the Government.
4. Special counsellors shall be civil servants temporarily transferred to the mission of the Republic of Lithuania at an international organisation who assist in the implementation of foreign policy of the Republic of Lithuania in the field of multilateral relations. Where necessary, civil servants may be temporarily transferred to the post of a special counsellor and assist in the implementation of foreign policy of the Republic of Lithuania in the area of defence at the diplomatic mission of the Republic of Lithuania in a foreign state. The Government shall establish the procedure for appointing special counsellors in each individual field as well as the peculiarities and conditions of their work abroad.
Article 15. Privileges and Immunities of Members of Staff of a Diplomatic Mission of the Republic of Lithuania in a Foreign State and Members of their Families
1. Members of staff of a diplomatic mission of the Republic of Lithuania in a foreign state, together with members of their families, accredited in the state concerned shall enjoy the privileges and immunities provided for in the 1961 Vienna Convention on Diplomatic Relations and agreements between the Republic of Lithuania and the state in which the diplomatic mission of the Republic of Lithuania is situated.
2. The Government, having regard to specific circumstances, may unilaterally and expressly for a specific period of time waive immunity from jurisdiction of the state in which the diplomatic mission of the Republic of Lithuania is situated or accord, by agreement with the state concerned, greater immunities and privileges than those specified in the 1961 Vienna Convention on Diplomatic Relations.
Article 16. Privileges and Immunities of Members of Staff of a Mission of the Republic of Lithuania to an International Organisation and Members of their Families
1. Members of staff of a mission of the Republic of Lithuania to an international organisation, together with members of their families, shall enjoy the privileges and immunities accorded to them by public international law, special international agreements on relevant issues and the laws of the state in which they reside.
2. In certain cases, the Government, having regard to specific circumstances, may waive the privileges and immunities of the persons specified in paragraph 1 of this Article.
Article 17. Privileges and Immunities of Members of Staff of a Consular Post and Members of their Families
1. Members of staff of a consular post, together with members of their families, accredited in the host state shall enjoy the privileges and immunities specified in the 1963 Vienna Convention on Consular Relations and agreements between the Republic of Lithuania and the state in which the consular post is situated.
2. The Government, having regard to specific circumstances, may unilaterally and expressly for a specific period of time waive immunity from jurisdiction of the state in which the consular post is situated or accord, by agreement with the state concerned, greater immunities and privileges than those specified in the 1963 Vienna Convention on Consular Relations.
CHAPTER IV
RECRUITMENT TO THE DIPLOMATIC SERVICE
OF THE REPUBLIC OF LITHUANIA
Article 18. Requirements for Persons Recruited to the Diplomatic Service of the Republic of Lithuania
1. Persons, except for diplomatic representatives of the Republic of Lithuania and persons specified in paragraphs 2, 3, 4 and 5 of Article 23 of this Law, shall be recruited to the diplomatic service of the Republic of Lithuania through competition. Competition regulations shall be approved by the Minister of Foreign Affairs.
2. Only a person of impeccable reputation and of sufficiently good health, holding the citizenship of the Republic of Lithuania, proficient in at least two foreign languages, having an authorisation to work with or gain access to classified information, who meets all of the general requirements for recruitment to the civil service prescribed by the Law on Civil Service may be recruited as diplomat.
3. No person convicted of a serious or grave crime, or a criminal act against the civil service and public interest and any criminal act of corruptive nature may work in the diplomatic service of the Republic of Lithuania.
Article 19. Probationary Period
1. A fixed-term contract of employment at the Ministry of Foreign Affairs shall be concluded for a one-year period with a person who meets the conditions specified in paragraph 2 of Article 18 of this Law and who has won the competition. During the one-year probationary period, final evaluation shall be made of the person’s suitability for the diplomatic service of the Republic of Lithuania.
2. The duration of the probationary period may be reduced to three months by the Minister of Foreign Affairs.
3. At least one month before the expiry of the probationary period, the Minister of Foreign Affairs, taking into account the recommendations of the Evaluation Commission, shall decide on the recruitment of the person to the diplomatic service of the Republic of Lithuania and the conferral of diplomatic rank or notify in writing about the refusal to recruit him to the diplomatic service of the Republic of Lithuania.
4. After a person has been recruited to the diplomatic service of the Republic of Lithuania or has been refused such recruitment, the fixed-term contract of employment at the Ministry of Foreign Affairs referred to in paragraph 1 of this Article shall be terminated in accordance with paragraph 1 of Article 126 of the Labour Code of the Republic of Lithuania.
Version of paragraph 4 valid as of 1 July 2017:
4. After a person has been recruited to the diplomatic service of the Republic of Lithuania or has been refused such recruitment, the fixed-term contract for a one-year period of employment at the Ministry of Foreign Affairs as referred to in paragraph 1 of this Article shall be terminated in accordance with paragraph 1 of Article 69 of the Labour Code of the Republic of Lithuania.
Article 20. Commencement of Employment in the Diplomatic Service of the Republic of Lithuania
1. A person shall become a diplomat and commence employment in the diplomatic service of the Republic of Lithuania when:
1) after the expiry of the probationary period, he is granted the first diplomatic rank in accordance with the procedure laid down in Article 42 and paragraph 1 of Article 43 of this Law; and
2) he takes the oath of office in accordance with the procedure laid down in Article 21 of this Law; and
3) he concludes a diplomatic service contract in accordance with the procedure laid down in Article 22 of this Law.
2. A person shall become a diplomat and commence temporary employment in the diplomatic service of the Republic of Lithuania when:
1) he is granted diplomatic rank in accordance with the procedure laid down in Article 42 and paragraph 3 of Article 43 of this Law; and
2) he takes the oath of office in accordance with the procedure laid down in Article 21 of this Law; and
3) he concludes a fixed-term diplomatic service contract in accordance with the procedure laid down in Article 23 of this Law.
Article 21. Oath of Office
1. A person who has been granted his first diplomatic rank shall swear an oath of allegiance to the Republic of Lithuania. A person swearing the oath of allegiance shall be entitled to choose one of the following texts of the oath:
1) “I, (first name, surname),
swear to faithfully serve the Republic of Lithuania, respect and act in compliance with its Constitution and laws, perform diplomatic duties in good faith, and protect state and official secrets.
So help me God.”;
2) “I, (first name, surname),
swear to faithfully serve the Republic of Lithuania, respect and act in compliance with its Constitution and laws, perform diplomatic duties in good faith and protect state and official secrets.
2. (Repealed as of 8 December 2005).
3. The oath shall be taken at a meeting of the Collegium of the Ministry of Foreign Affairs. The oath shall be administered by the Minister of Foreign Affairs. The person who has taken the oath shall place his signature under text of the oath.
Article 22. Diplomatic Service Contract
A diplomatic service contract shall be concluded with a person recruited to the diplomatic service of the Republic of Lithuania. A diplomatic service contract shall be a written agreement between a citizen of the Republic of Lithuania and the Ministry of Foreign Affairs (Appendix 1) whereby the citizen undertakes to perform the diplomatic duties specified in the contract, comply with the diplomatic service rules as laid down in this Law and other laws as well legal acts of the Ministry of Foreign Affairs, while the Ministry of Foreign Affairs undertakes to pay remuneration to the diplomat as established in this Law and other legal acts and ensure adequate conditions for diplomatic service.
Article 23. Fixed-term Diplomatic Service Contract
1. A fixed-term diplomatic service contract shall be a written agreement between a citizen of the Republic of Lithuania and the Ministry of Foreign Affairs (Appendix 2) whereby the citizen undertakes to perform, for a certain period of time, the duties specified in the contract and comply with the requirements laid down in this Law, other laws and legal acts, while the Ministry of Foreign Affairs undertakes to pay him remuneration as established in this Law and other legal acts, except for persons specified in paragraph 3 of this Article.
2. A fixed-term diplomatic service contract shall be concluded with a person appointed by the President of the Republic as diplomatic representative of the Republic of Lithuania and who has not concluded a diplomatic service contract with the Ministry of Foreign Affairs before his appointment, also with a person appointed by the Minister of Foreign Affairs as Vice Minister of Foreign Affairs and with a person appointed by the Minister of Foreign Affairs as chargé d’affaires ad interim of the Republic of Lithuania at a diplomatic mission of the Republic of Lithuania, as head of a consular post or as minister counsellor in the event that such a person has not concluded a diplomatic service contract with the Ministry of Foreign Affairs before his appointment.
3. In the event that the President of the Republic of Lithuania, the Speaker of the Seimas or Prime Minister proposes to recruit to the diplomatic service of the Republic of Lithuania a person engaged in foreign relations activity in the Office of the President of the Republic, Office of the Seimas or Office of the Government, a fixed-term diplomatic service contract shall be concluded with the person concerned. Remuneration to such a person shall be paid, in accordance with the established procedure, by the institution in which he is engaged in foreign relations activity. The duration of a fixed-term diplomatic service contract concluded with the person specified in this paragraph shall be defined by the duration of his employment in the post while holding which he was proposed for the diplomatic service of the Republic of Lithuania.
4. By the decision of the Minister of Foreign Affairs, a fixed-term diplomatic service contract may be concluded with a person recruited to the diplomatic service of the Republic of Lithuania who is assigned to perform the functions related to the implementation of the requirements of the Schengen acquis. A fixed-term diplomatic service contract shall be concluded with the person referred to in this paragraph for a period of one year.
5. A fixed-term diplomatic service contract shall be concluded with a person who is recruited to the post of a diplomat temporarily unable to perform his duties (lower than the post of head of a subdivision or deputy head of a subdivision). A fixed-term diplomatic service contract shall be concluded for a period not exceeding three years.
6. A person with whom a fixed-term diplomatic service contract has been concluded shall, as of the day of concluding the contract, be subject to the provisions specified in this Law which are mandatory for diplomats, except for compliance with the rules of rotation and other peculiarities which are mandatory only for diplomats working under a diplomatic service contract.
7. After the expiry of a fixed-term diplomatic service contract concluded with the person specified in paragraphs 2 and 3 of this Article, if the person wishes so, the Minister of Foreign Affairs, taking into account the recommendations of the Evaluation Commission, may conclude a diplomatic service contract with him in accordance with the procedure laid down in this Law and appoint him to a post corresponding to his diplomatic rank.
CHAPTER V
LEGAL STATUS OF DIPLOMATS AND MEMBERS OF THEIR FAMILIES
Article 24. Employment under a Diplomatic Service Contract
1. The following principles of rotation shall apply to the service of diplomats, except for diplomatic representatives of the Republic of Lithuania:
1) a diplomat recruited to the diplomatic service of the Republic of Lithuania shall usually work at the Ministry of Foreign Affairs for three years (including the probationary period). Then the diplomat is usually appointed by an order of the Minister of Foreign Affairs to a diplomatic mission or consular post of the Republic of Lithuania for a period of three years, from where by an order of the Minister of Foreign Affairs he shall return to work at the Ministry of Foreign Affairs usually for a period of three years until the next appointment. The period of employment with the Ministry of Foreign Affairs shall include temporary transfer to the post of a career civil servant or statutory civil servant at another state institution or agency;
2) in the event of official necessity, a diplomat may be immediately appointed to another diplomatic mission or consular post of the Republic of Lithuania without having worked therein for three years, however the total duration of successive appointment to two diplomatic missions or consular posts of the Republic of Lithuania may not exceed six years;
3) in the event of official necessity, a diplomat may remain in employment at the Ministry of Foreign Affairs for a period exceeding three years or may be appointed to a diplomatic mission or consular post without having worked at the Ministry of Foreign Affairs for three years. The total duration of consecutive employment at the Ministry of Foreign Affairs may not exceed four years;
4) due to an illness of a diplomat or members of his family or for other important family reasons, the diplomat may remain in employment with the Ministry of Foreign Affairs for a period exceeding three years. Where, due to important circumstances, the diplomat’s employment with the Ministry of Foreign Affairs is extended for a period exceeding one year, such deferral of rotation shall be executed in the form of a written agreement between the Ministry of Foreign Affairs and the diplomat, specifying the said important circumstances.
2. In the event of official necessity, by an order of the Minister of Foreign Affairs, a diplomat may, with his written consent, be transferred on a temporary basis from the Ministry of Foreign Affairs to the post of a career or statutory civil servant at the Office of the President of the Republic, Office of the Seimas, Office of the Government, other state institution or agency, also to the post of Inspector General at the Ministry of Foreign Affairs provided that the diplomat meets the special requirements set out in the job description of the position he is transferred to. The diplomat may be transferred to another post on a temporary basis for a period of up to two years. In the event of official necessity, this term may be extended for up to one year and the total duration of temporary transfer may not exceed three years. The period of transfer shall be included in the length of diplomatic service. A diplomat that has been transferred on a temporary basis shall retain the diplomatic rank held prior to the transfer. During the period of transfer, the state institution or agency to which the diplomat has been transferred shall pay the diplomat remuneration consisting of the basic salary set for the position held by him prior to the transfer where the diplomat is transferred to the post of the same or lower category and the bonuses paid to him prior to the transfer, or consisting of the basic salary set for the position to which he is transferred where the diplomat is transferred to another post of a higher category and the bonuses paid to him prior to the transfer. After the expiry of the period of transfer, the diplomat shall be returned to work at the Ministry of Foreign Affairs and/or appointed to the same or other post of not lower category than the post held prior to the temporary transfer. The diplomat may not be returned and/or appointed to the Ministry of Foreign Affairs to the same or other post of not lower category than the post held by him prior to the temporary transfer where he has been dismissed from the post of a career civil servant or statutory civil servant to which he was transferred due to a disciplinary penalty imposed on him, namely dismissal, loss of citizenship of the Republic of Lithuania or upon entry into force of a court judgment imposing on him a penalty for a serious or grave crime or a criminal act against the civil service and public interest or a criminal act of corruptive nature, or any penalty barring him from performing his duties.
3. A diplomat may be transferred on a temporary basis to the post at an international and EU institution or a foreign institution in accordance with the procedure set forth in the Law of the Republic of Lithuania on Secondment of Persons to International and EU Institutions or Foreign Institutions. Such a transfer shall not terminate the diplomatic service contract, the diplomat shall retain his diplomatic rank and the period of transfer shall be included in the length of diplomatic service. Diplomats who have been temporarily transferred to international and EU institutions or foreign institutions shall be paid remuneration and other expenses related to secondment in accordance with the procedure set forth in the Law of the Republic of Lithuania on Secondment of Persons to International and EU Institutions or Foreign Institutions. During the period of work at an international and EU institution or a foreign institution diplomats shall be subject to the rules regulating the terms of work at international and EU institutions or the legal acts regulating labour relations in a foreign state. After the expiry of the period of transfer, the diplomat shall be returned to the same or other post of not lower category at the Ministry of Foreign Affairs.
4. Where a diplomat becomes a state politician or takes up the post of a civil servant of political (personal) confidence, a diplomatic service contract must be terminated. Such persons shall be entitled to have the diplomatic status restored in accordance with the procedure laid down in paragraph 5 of Article 44 of this Law.
5. In the event of official necessity, a diplomat may be temporarily transferred to another post at the Ministry of Foreign Affairs. The transfer period may not exceed three years. Remuneration paid to the diplomat transferred to another post on a temporary basis shall be not less than the remuneration set before the transfer.
Article 25. Appointment of a Diplomat who Has Served at a Diplomatic Mission or Consular Post of the Republic of Lithuania to the Ministry of Foreign Affairs
1. A diplomat who has served at a diplomatic mission or consular post of the Republic of Lithuania for a period specified in Article 24 of this Law shall, with his consent, be appointed to a post at the Ministry of Foreign Affairs which according to the salary scale is not lower than the post held by him prior to his appointment to the diplomatic mission or consular post of the Republic of Lithuania, unless the Minister of Foreign Affairs, acting on the proposal of the Evaluation Commission, decides otherwise. In this case, the diplomat has the right to request in writing within a period of 10 days to be notified of the reasons for such a decision.
2. From the day of the diplomat’s return from a diplomatic mission or consular post of the Republic of Lithuania until the day of his appointment to the Ministry of Foreign Affairs or a diplomatic mission or consular post of the Republic of Lithuania in another foreign state he shall, for a period not exceeding one month, be paid, the basic salary equal to the salary paid to him prior to the day he was recalled as well as a bonus for diplomatic rank.
3. A diplomat’s appointment to a diplomatic mission or consular post of the Republic of Lithuania or his return to service at the Ministry of Foreign Affairs shall be executed by an order of the Minister of Foreign Affairs.
Article 26. Employment under a Fixed-term Diplomatic Service Contract
1. A fixed-term diplomatic service contract shall specify the post to which the diplomat is appointed; it shall also indicate that the contract terminates when the diplomat is recalled in accordance with the procedure laid down in this Law or upon expiry of the term of contract.
2. The Minister of Foreign Affairs shall have the right to terminate the fixed-term diplomatic service contract on the grounds specified in Article 58 of this Law and recall the diplomat appointed to a diplomatic mission or consular post of the Republic of Lithuania. A fixed-term diplomatic service contract concluded with a diplomatic representative of the Republic of Lithuania shall be terminated if the President of the Republic issues a decree to recall the diplomatic representative of the Republic of Lithuania.
3. After the expiry of a fixed-term diplomatic service contract, a diplomat, irrespective of his diplomatic rank and the post held, may apply to the Minister of Foreign Affairs to have a diplomatic service contract concluded with him in accordance with the procedure laid down in this Law. He shall also have the right to be reinstated within three months from the expiry of the fixed-term diplomatic service contract in the post held by him at a state or municipal institution or agency or any other agency or organisation financed from the state budget or municipal budgets prior to the conclusion of the fixed-term diplomatic service contract. Where there is no possibility to reinstate in the same post, the diplomat shall, within the time limit specified in this paragraph, have the right to be appointed to another post, with the remuneration not lower than at the post held by him prior to the conclusion of the fixed-term diplomatic service contract at the same state or municipal institution or agency or any other agency or organisation financed from the state budget or municipal budgets.
4. Where, upon the expiry of a fixed-term diplomatic service contract, the President of the Republic again appoints a person as diplomatic representative of the Republic of Lithuania or the Minister of Foreign Affairs re-appoints him as chargé d’affaires ad interim of the Republic of Lithuania at a diplomatic mission of the Republic of Lithuania, head of a consular post or minister counsellor, a new fixed-term diplomatic service contract shall be concluded with the person concerned.
Article 27. Members of Family
1. Members of the family of a diplomat working at a diplomatic mission or consular post of the Republic of Lithuania shall include the following persons residing together with him:
1) the diplomat’s spouse;
2) the diplomat’s minor children (adopted children), unless they have been emancipated in accordance with the procedure laid down by laws or have entered into marriage;
3) the diplomat’s children (adopted children) of the age of majority under 20 years of age if they form part of his household, have not entered into marriage and have not completed secondary education;
4) the minor children (adopted children) of the diplomat’s spouse, where according to the procedure set forth by laws or by a court decision their place of residence has been established with the diplomat’s spouse and they have not been emancipated in accordance with the procedure laid down by laws or have not entered into marriage;
5) the diplomat’s spouse’s children (adopted children) of the age of majority under 20 years of age, where, according to the procedure set forth by laws or by a court decision, their place of residence has been established with the diplomat’s spouse and they form part of the diplomat’s household, have not entered into marriage and have not completed secondary education;
6) dependants (irrespective of their age) – persons whose guardian or custodian the diplomat and/or his spouse have been appointed in accordance with the procedure laid down by laws, irrespective of whether the guardianship or custody has been established prior to the commencement of the diplomat’s work at the diplomatic mission or consular post of the Republic of Lithuania or after the diplomat took up employment with the diplomatic mission or consular post of the Republic of Lithuania.
Note. Paragraph 1 of Article 27 shall apply to diplomats appointed to diplomatic missions and consular posts of the Republic of Lithuania after the entry into force (1 September 2010) of this Law (No XI-870).
2. Members of the family of a special attaché or his assistant, military representative or his assistant, special counsellor or his assistant working at a diplomatic mission or consular post of the Republic of Lithuania shall be treated as members of the family of a diplomat as defined in paragraph 1 of this Article.
Article 28. Guarantees for Spouses of Diplomats Appointed to Another State under the Rules of Rotation
1. A spouse who departed together with a diplomat to a diplomatic mission or consular post of the Republic of Lithuania shall have the right to be reinstated, within three months from the diplomat’s recall from the diplomatic mission or consular post of the Republic of Lithuania, in the post held by him in a state or municipal institution or agency or any other agency or organisation financed from the state budget or municipal budgets prior to the departure together with the diplomat to the diplomatic mission or consular post of the Republic of Lithuania. Where there is no possibility to reinstate in the same post, the diplomat’s spouse shall, within the time limit specified in this paragraph, have the right to be appointed to another post, with the remuneration not lower than for the post held by him prior to the departure together with the diplomat, at the same state or municipal institution or agency or any other agency or organisation financed from the state budget or municipal budgets at which he worked prior to his departure together with the spouse.
2. The period spent by a spouse living abroad together with a diplomat working at a diplomatic mission or consular post of the Republic of Lithuania shall be included in the spouse’s state social insurance record, provided that the contributions fixed under the Lithuanian state social insurance scheme have been paid for the period concerned.
3. The spouse living abroad together with a diplomat working at a diplomatic mission or consular post of the Republic of Lithuania shall have the right to take up employment with the foreign state concerned, where this is provided for in the treaties of the Republic of Lithuania or allowed under the laws of the state concerned. The spouse of the diplomat must inform the Minister of Foreign Affairs about his employment.
Article 281. Right of a Diplomat who Is a Diplomat’s Spouse to Have the Diplomatic Status Restored
1. A diplomat who is the spouse of a diplomat and who has terminated the diplomatic service contract according to paragraph 6 of Article 58 of this Law because of the departure together with his spouse appointed to a diplomatic mission or consular post of the Republic of Lithuania or transferred to a post at an international and EU institution or a foreign institution shall, in accordance with the procedure set forth by legal acts, have the right to have the diplomatic status restored – to be reinstated in the post held or, where there is no such possibility, to be reinstated in another post of the same category at the Ministry of Foreign Affairs. The diplomatic service contract shall be concluded with this person and the diplomatic rank held by him prior to the termination of the diplomatic service contract shall be returned to him by an order of the Minister of Foreign Affairs.
2. The persons specified in paragraph 1 of this Article shall be entitled to have the diplomatic status restored within six months after the end of the spouse’s service at a diplomatic mission or consular post of the Republic of Lithuania, an international and EU institution or a foreign institution or within six months from submission of an application for the restoration of diplomatic status where such an application is submitted before the end of the spouse’s period of service at the diplomatic mission or consular post of the Republic of Lithuania, the international and EU institution or the foreign institution.
Article 29. Prohibitions on Diplomats
1. A diplomat shall, under the Law of the Republic of Lithuania on Civil Service, be prohibited from engaging in any activity which is incompatible with the duties of a civil servant.
2. A diplomat shall also be prohibited from:
1) going on strike;
2) using office hours and opportunities for purposes other than those related to the service.
CHAPTER VI
DIPLOMATIC REPRESENTATIVE OF THE REPUBLIC OF LITHUANIA
Article 30. Diplomatic Representative of the Republic of Lithuania
1. A diplomatic representative of the Republic of Lithuania shall be a person officially representing the Republic of Lithuania in a foreign state or at an international organisation.
2. A diplomatic representative of the Republic of Lithuania may reside in a foreign state or in the Republic of Lithuania.
Article 31. Appointment of a Diplomatic Representative of the Republic of Lithuania
1. The President of the Republic, acting on a proposal of the Government, shall appoint a diplomatic representative of the Republic of Lithuania to a foreign state, subject to prior consideration of his nomination by the Seimas Committee on Foreign Affairs and after the agrément of the foreign state concerned has been given, by a decree countersigned by the Prime Minister.
2. The President of the Republic, acting on a proposal of the Government, shall appoint a diplomatic representative of the Republic of Lithuania to an international organisation, subject to consideration of his nomination by the Seimas Committee on Foreign Affairs, by a decree countersigned by the Prime Minister.
3. A diplomatic representative of the Republic of Lithuania may only be a diplomat having the diplomatic rank of ambassador extraordinary and plenipotentiary of the Republic of Lithuania or envoy extraordinary and minister plenipotentiary of the Republic of Lithuania.
4. Information about the process of appointing a diplomatic representative of the Republic of Lithuania shall be exchanged in compliance with the Law of the Republic of Lithuania on State Secrets and Official Secrets. The procedure for requesting the agrément for a diplomatic representative of the Republic of Lithuania from a foreign state shall be established by the Minister of Foreign Affairs.
Article 32. Term of Appointment of a Diplomatic Representative of the Republic of Lithuania
1. A diplomatic representative of the Republic of Lithuania shall be appointed to a diplomatic mission of the Republic of Lithuania for a period not exceeding five years. A diplomatic representative of the Republic of Lithuania recalled in accordance with the procedure specified in Article 36 of this Law may be reinstated in the Ministry of Foreign Affairs or appointed to another diplomatic mission of the Republic of Lithuania. Where, upon expiry of the term of appointment of a diplomatic representative of the Republic of Lithuania in one foreign state or upon recalling him from one foreign state before his term expires, the diplomatic representative of the Republic of Lithuania is immediately appointed to another diplomatic mission of the Republic of Lithuania, the total duration of successive appointment may not exceed eight years at two diplomatic missions of the Republic of Lithuania. Where, pursuant to the provisions of Article 23 of this Law, a fixed-term diplomatic service contract is concluded with a person to be appointed as diplomatic representative of the Republic of Lithuania, the contract shall terminate after the President of the Republic issues a decree on recalling the diplomatic representative. Where a person with whom the diplomatic service contract has already been concluded is to be appointed as diplomatic representative of the Republic of Lithuania, a new contract shall not be concluded.
2. Where a diplomatic representative of the Republic of Lithuania has served for more than three years, the Government may propose that the President of the Republic recall him. By way of exception, the Government may propose that the President of the Republic recall the diplomatic representative of the Republic of Lithuania earlier than three years after his appointment.
Article 33. Commencement of the Exercise of Functions by a Diplomatic Representative of the Republic of Lithuania in a Foreign State
A diplomatic representative of the Republic of Lithuania shall take up his functions in a foreign state either when he has presented his credentials to the head of state whereto he is appointed or any other official authorised by the head of state or when he has notified his arrival or presented a true copy of his credentials to the Minister of Foreign Affairs of the state whereto he is appointed or the head of an institution performing the functions of the ministry of foreign affairs or any other official authorised by him in accordance with the practice prevailing in the state concerned.
Article 34. Commencement of the Exercise of Functions by a Diplomatic Representative of the Republic of Lithuania to an International Organisation
A diplomatic representative of the Republic of Lithuania to an international organisation shall take up his functions when he has presented his credentials to the head of the international organisation or in accordance with any other procedure established in the international organisation.
Article 35. Termination of the Exercise of Functions by a Diplomatic Representative of the Republic of Lithuania
1. The functions of a diplomatic representative of the Republic of Lithuania shall terminate in the following cases:
1) when he is recalled in accordance with the procedure laid down in paragraph 1 of Article 36 of this Law;
2) when he resigns;
3) when he loses the citizenship of the Republic of Lithuania;
4) upon his death;
5) in other cases stipulated by international law.
2. The functions of a diplomatic representative of the Republic of Lithuania shall be suspended where he is temporarily recalled in accordance with the procedure laid down in paragraph 3 of Article 36 of this Law.
Article 36. Recalling of a Diplomatic Representative of the Republic of Lithuania
1. The President of the Republic, acting on a proposal of the Government, shall recall a diplomatic representative of the Republic of Lithuania by a decree countersigned by the Prime Minister subject to prior consideration of the issue of recalling of the diplomatic representative of the Republic of Lithuania by the Seimas Committee on Foreign Affairs. The foreign state or international organisation wherein the diplomatic representative of the Republic of Lithuania to be recalled represented the Republic of Lithuania shall be notified about his recall in accordance with the procedure established in the foreign state or at the international organisation concerned.
2. The recall of the diplomatic representative of the Republic of Lithuania with whom a diplomatic service contract has been concluded shall be treated as his return to service at the Ministry of Foreign Affairs and in this case the provisions of Article 25 of this Law shall apply. Where a diplomatic representative of the Republic of Lithuania with whom a fixed-term diplomatic service contract has been concluded is recalled, the provisions of Article 26 of this Law shall apply.
3. In extraordinary cases, a diplomatic representative of the Republic of Lithuania may, by an order of the Minister of Foreign Affairs, be assigned to temporarily perform other functions at the Ministry of Foreign Affairs. Such a temporary assignment shall not terminate the diplomatic service contract or fixed-term diplomatic service contract and the diplomatic representative of the Republic of Lithuania shall continue to receive remuneration. The temporary assignment of the diplomatic representative of the Republic of Lithuania to perform other functions shall be terminated by an order of the Minister of Foreign Affairs.
CHAPTER VII
CHARGÉ D’AFFAIRES AD INTERIM OF THE REPUBLIC OF LITHUANIA
Article 37. Appointment of a Chargé d’Affaires Ad Interim of the Republic of Lithuania
Where there is no diplomatic representative of the Republic of Lithuania appointed to a Lithuanian diplomatic mission in accordance with the procedure laid down in Article 31 of this Law to head the mission, the Minister of Foreign Affairs shall appoint a chargé d’affaires ad interim of the Republic of Lithuania to a foreign state or international organisation. A chargé d’affaires ad interim shall also be appointed in the event that the representative of the Republic of Lithuania is temporarily unable to perform his duties. In this case, the diplomatic representative of the Republic of Lithuania himself may appoint a chargé d’affaires ad interim for a period not exceeding one month; where such a period is longer, the chargé d’affaires ad interim shall be appointed by the Minister of Foreign Affairs or a person authorised by him.
Article 38. Functions of a Chargé d’Affaires Ad Interim of the Republic of Lithuania
A chargé d’affaires ad interim of the Republic of Lithuania shall represent the Republic of Lithuania in a foreign state or at an international organisation and shall act in the capacity of the head of a diplomatic mission of the Republic of Lithuania. Acting in the capacity of the head of a diplomatic mission of the Republic of Lithuania, the chargé d’affaires ad interim of the Republic of Lithuania shall have the same rights and duties as the diplomatic representative of the Republic of Lithuania.
Article 39. Commencement of the Exercise of Functions of a Chargé d’Affaires Ad Interim of the Republic of Lithuania
1. A chargé d’affaires ad interim of the Republic of Lithuania shall take up his functions in a foreign state when he has presented his credentials to the Minister of Foreign Affairs of the state whereto he is appointed or in accordance with the practice prevailing in the state to which he is appointed to represent the Republic of Lithuania. Where a chargé d’affaires ad interim of the Republic of Lithuania is appointed in the event that the diplomatic representative of the Republic of Lithuania is temporarily unable to perform his duties, he shall take up his functions on the day of notification of his appointment to the Ministry of Foreign Affairs of the state whereto he is appointed or on any other day specified in the notification.
2. A chargé d’affaires ad interim of the Republic of Lithuania to an international organisation shall commence the exercise of his functions in accordance with the procedure laid down in Article 34 of this Law. Where a chargé d’affaires ad interim of the Republic of Lithuania is appointed in the event that the diplomatic representative of the Republic of Lithuania to the international organisation is temporarily unable to perform his duties, he shall commence the exercise of his functions on the day of notification of his appointment to the international organisation or on any other day specified in the notification.
Article 40. Termination of Functions of a Chargé d’Affaires Ad Interim of the Republic of Lithuania
1. The functions of a chargé d’affaires ad interim of the Republic of Lithuania shall terminate in the following cases: a diplomatic representative of the Republic of Lithuania is appointed to the state in which he was accredited, he is recalled by the Minister of Foreign Affairs, his term of appointment expires, he resigns, he loses the citizenship of the Republic of Lithuania, upon his death or in other cases prescribed by international law. Where a chargé d’affaires ad interim of the Republic of Lithuania has been appointed by the diplomatic representative of the Republic of Lithuania, the functions of the chargé d’affaires ad interim of the Republic of Lithuania shall also terminate when the diplomatic representative of the Republic of Lithuania resumes his duties.
2. The state or international organisation wherein the Republic of Lithuania was represented by its chargé d’affaires ad interim shall be notified about his recall and about the resuming of duties by the diplomatic representative of the Republic of Lithuania in accordance with the procedure established in the foreign state or international organisation concerned.
CHAPTER VIII
DIPLOMATIC RANKS
Article 41. Diplomatic Ranks
The following shall be the diplomatic ranks of the Republic of Lithuania:
1) ambassador extraordinary and plenipotentiary of the Republic of Lithuania;
2) envoy extraordinary and minister plenipotentiary of the Republic of Lithuania;
3) minister counsellor;
4) counsellor;
5) first secretary;
6) second secretary;
7) third secretary;
8) attaché.
Article 42. Procedure for Conferring of Diplomatic Ranks
1. The President of the Republic, acting on the proposal of the Minister of Foreign Affairs, shall confer the rank of ambassador extraordinary and plenipotentiary of the Republic of Lithuania or envoy extraordinary and minister plenipotentiary of the Republic of Lithuania by a decree countersigned by the Minister of Foreign Affairs. These diplomatic ranks shall be conferred for life.
2. The Minister of Foreign Affairs shall confer the ranks of minister counsellor, counsellor, first secretary, second secretary, third secretary and attaché by his order.
3. The Evaluation Commission shall make recommendations to the Minister of Foreign Affairs on conferring the diplomatic ranks of minister counsellor, counsellor, first secretary, second secretary, third secretary and attaché as well as on his proposal to confer the rank of ambassador extraordinary and plenipotentiary of the Republic of Lithuania or envoy extraordinary and minister plenipotentiary of the Republic of Lithuania.
Article 43. Sequence of Conferral of Diplomatic Ranks
1. The first diplomatic rank shall be conferred on a person who has successfully completed the probationary period. A higher diplomatic rank shall be conferred, as a rule, after a period of four years, provided that no disciplinary penalty has been imposed on the diplomat. This procedure for conferring of ranks shall also apply to diplomats transferred on a temporary basis to an international and EU institution or a foreign institution.
2. Diplomatic ranks may be conferred for a particularly proactive, responsible or successful approach to work before the expiry of the term specified in paragraph 1 of this Article.
3. A person appointed as a diplomatic representative of the Republic of Lithuania also a person with whom a fixed-term diplomatic service contract has been concluded shall be accorded a diplomatic rank irrespective of the provisions of paragraphs 1 and 2 of this Article. Such persons shall be accorded a diplomatic rank on the proposal of the Evaluation Commission, taking into account the post held, their competence and experience in the field of foreign relations.
Article 44. Diplomatic Rank upon Leaving the Diplomatic Service of the Republic of Lithuania. Right to Have the Diplomatic Status Restored
1. A person shall retain the diplomatic rank of minister counsellor, counsellor, first secretary, second secretary, third secretary or attaché for life upon retiring from the diplomatic service of the Republic of Lithuania.
2. A person (except for persons having the diplomatic rank of ambassador extraordinary and plenipotentiary of the Republic of Lithuania or envoy extraordinary and minister plenipotentiary of the Republic of Lithuania) who has served under a fixed-term diplomatic service contract shall lose his diplomatic rank upon the expiry of the fixed-term diplomatic service contract.
3. Former diplomats (except for diplomats who served under fixed-term diplomatic service contracts) may have their diplomatic status restored in accordance with the procedure established by the Minister of Foreign Affairs, provided that they express a wish to have the diplomatic status restored within five years from termination of the diplomatic service contract and their diplomatic service contract was not terminated on grounds indicated in paragraph 1 and subparagraphs 1, 5, 6, 7, 8 and 9 of paragraph 2 of Article 58 of this Law.
4. The five-year period specified in paragraph 3 of this Article shall not apply where, in the event of official necessity, the diplomatic status is restored in accordance with the procedure established by the Minister of Foreign Affairs to former diplomats who have voluntarily terminated the diplomatic service contract and have been admitted to an international and EU institution or a foreign institution, also to former diplomats who have voluntarily terminated the diplomatic service contract and departed together with theirs spouses transferred, appointed or selected to an international and EU institution or a foreign institution. Such persons shall have the right to have their diplomatic status restored within six months from the end of service at the international and EU institution or the foreign institution or within six months from the end of the spouse’s service at the international and EU institution or the foreign institution or within six months from submission of an application for the restoration of diplomatic status where such an application is submitted before the end of the spouse’s period of service at the international and EU institution or the foreign institution.
5. The five-year period specified in paragraph 3 of this Article shall not apply where, in the event of official necessity, the diplomatic status is restored in accordance with the procedure established by the Minister of Foreign Affairs to former diplomats referred to in paragraph 4 of Article 24 of this Law. Such persons shall have the right to have their diplomatic status restored within three months from the end of the term of office of a state politician or a civil servant of political (personal) confidence, except for the cases where the powers of a state politician have terminated pursuant to Article 74 of the Constitution of the Republic of Lithuania and the powers of a civil servant of political (personal) confidence have terminated due to a disciplinary penalty imposed on him, namely dismissal, loss of citizenship of the Republic of Lithuania or upon entry into force of a court judgment imposing on him a penalty for a serious or grave crime or a criminal act against the civil service and public interest or a criminal act of corruptive nature, or any penalty barring him from performing his duties.
Article 45. Withdrawal of Diplomatic Ranks
The President of the Republic, acting on the proposal of the Minister of Foreign Affairs, or the Minister of Foreign Affairs, acting on the proposal of the Evaluation Commission, may withdraw a diplomatic rank for non-compliance with the oath of office.
CHAPTER IX
DIPLOMATIC PASSPORT
Article 46. Purpose of the Diplomatic Passport
The diplomatic passport of the Republic of Lithuania (hereinafter referred to as the “diplomatic passport”) shall be an identity document issued by the Ministry of Foreign Affairs attesting that the holder thereof is a citizen of the Republic of Lithuania and that this person is a diplomat or is entitled to use the diplomatic passport pursuant to the provisions of Article 47 of this Law.
Article 47. Persons who Are Issued Diplomatic Passports
1. The Ministry of Foreign Affairs shall issue diplomatic passports to the following persons:
1) the President of the Republic;
2) members of the Seimas;
3) members of the Government;
4) President of the Constitutional Court;
5) President of the Supreme Court of Lithuania;
6) Prosecutor General of the Republic of Lithuania;
7) signatories of the 11 March 1990 Restoration of Independence Act;
8) highest hierarchs of state-recognised, traditional churches and religious organisations in Lithuania (cardinals and bishops of the Roman Catholic Church of Lithuania, clergymen of other confessions of equivalent rank);
9) diplomats;
10) persons appointed by the President of the Republic, the Government or the Minister of Foreign Affairs as members of a special mission to a foreign state;
11) diplomatic couriers on the staff list;
12) special attachés, assistant special attachés;
13) military representative and his assistants;
14) special counsellors and their assistants;
15) citizens of the Republic of Lithuania elected to the European Parliament;
16) servicemen of professional military service and civil servants for the performance of functions of arms control inspectors in foreign states;
17) servicemen of professional military service with a rank not lower than that of a Lieutenant Colonel or Commander (Navy), who are assigned to perform military service in foreign states or at international military or defence bodies – where the request of the Minister of National Defence concerning the issuing of diplomatic passports is lodged.
2. Diplomatic passports shall be issued to the spouse and children of the President of the Republic, the spouse of the Speaker of the Seimas, the spouse of the Prime Minister, the spouse of the Minister of Foreign Affairs and the spouses of citizens of the Republic of Lithuanian elected to the European Parliament. Diplomatic passports shall also be issued to the spouses of members of the Seimas and the spouse of the head of a special mission of the Republic of Lithuania where this is warranted by the specific nature of their professional assignment or mission.
3. Diplomatic passports may, at the request of diplomats, special attachés or their assistants, military representatives or their assistants, special counsellors or their assistants serving at diplomatic missions or consular posts of the Republic of Lithuania or transferred on a temporary basis to the post at international and EU institutions or foreign institutions, be issued to members of their families forming part of their household, as specified in Article 27 of this Article. Diplomatic passports may, at the request of diplomats, special attachés and their assistants, military representatives and their assistants, special counsellors and their assistants, be issued to members of their families who do not form part of their household for the purpose of travelling to such diplomats, special attachés or their assistants, military representatives or their assistants, special counsellors or their assistants.
4. Former Presidents of the Republic, Speakers of the Seimas, Prime Ministers, Ministers of Foreign Affairs, chairpersons of the Seimas Committee on Foreign Affairs and Seimas Committee on European Affairs, where their mandate of the member of the Seimas has not been withdrawn through impeachment proceedings specified in Article 74 of the Constitution of the Republic of Lithuania, as well as persons having diplomatic ranks conferred by the President of the Republic, where their diplomatic service contracts or fixed-term diplomatic service contracts are terminated pursuant to subparagraph 5 of paragraph 1 or subparagraph 2 of paragraph 2 of Article 58 of this Law or where they are dismissed from the civil service pursuant to subparagraphs 6 or 13 of paragraph 1 of Article 44 of the Law of the Republic of Lithuania on Civil Service shall have the right to retain diplomatic passports.
Article 48. Diplomatic Passport Entries
1. Any entry in a diplomatic passport must be in compliance with the requirements of Article 4 of the Republic of Lithuania Passport Law.
2. A diplomatic passport shall also specify:
1) the post and diplomatic rank (if held) of the passport holder, where the diplomatic passport is issued in accordance with paragraph 1 of Article 47 of this Law;
2) kinship relations with the person in respect of whose post a diplomatic passport is issued, where the diplomatic passport is issued in accordance with paragraphs 2 or 3 of Article 47 of this Law;
3) the fact that the person is President of the Republic who has left civil service, former Speaker of the Seimas, former Prime Minister, former Minister of Foreign Affairs or a person having a diplomatic rank conferred by the President of the Republic, where the diplomatic passport is issued in accordance with paragraph 4 of Article 47 of this Law.
3. All of the entries specified in paragraph 2 of this Article shall be made in Lithuanian followed by their English translation. All entries in the diplomatic passport shall be made by the Ministry of Foreign Affairs.
Article 49. Approval of a Diplomatic Passport Sample and Issue of Passports
1. A sample of the diplomatic passport of the Republic of Lithuania shall be approved by the Government.
2. A diplomatic passport of the Republic of Lithuania shall be issued free of charge.
Article 50. Return of Diplomatic Passports
1. The following persons must return their diplomatic passports within seven days to the Ministry of Foreign Affairs:
1) persons who have completed their term of office specified in Article 47, except for those referred to in paragraph 4 of Article 47 of this Law who have retained their diplomatic passports;
2) members of a special mission, after having completed their task and having returned to the Republic of Lithuania;
3) the spouse of the head of a special mission, who has been issued a diplomatic passport pursuant to Article 47 of this Law, upon return to the Republic of Lithuania from a foreign state where he was together with the head of the special mission performing a task;
4) the spouse of member of the Seimas, who has been issued a diplomatic passport pursuant to Article 47 of this Law, upon return to the Republic of Lithuania from a foreign state where he was together with the member of the Seimas performing an official task;
5) members of the families of diplomats, special attachés or their assistants, military representatives or their assistants, special counsellors or their assistants specified in Article 27 of this Law when the diplomats, special attachés or their assistants, military representatives or their assistants, special counsellors or their assistants return to the Republic of Lithuania after having completed their work at a diplomatic mission, consular post of the Republic of Lithuania or the diplomatic service of the Republic of Lithuania or after the expiry of the period of temporary transfer of diplomats to international and EU institutions or foreign institutions, as well as members of the families of the diplomats, special attachés or their assistants, military representatives or their assistants, special counsellors or their assistants in the event that a diplomatic passport has been issued to them at the request of the diplomat, special attaché or his assistant, military representative or his assistant, special counsellor or his assistant for the purpose of travelling to such diplomats, special attachés or their assistants, military representatives or their assistants, special counsellors or their assistants;
6) the spouses of the persons specified in paragraph 1 of Article 47 of this Law who have been issued diplomatic passports pursuant to Article 47 of this Law, in the event of dissolution of marriage;
7) the spouses, children and other family members of the persons specified in paragraphs 1 and 4 of Article 47 of this Law who are issued diplomatic passports pursuant to paragraphs 2 and 3 of Article 47 of this Law, in the event of death of the said persons.
2. Where the persons referred to in paragraph 1 of this Article do not return their diplomatic passports within the specified time limit, such passports shall be declared invalid by an order of the Minister of Foreign Affairs. New diplomatic passports shall not be issued to the said persons for a period of one year after the deadline for return of the diplomatic passport.
CHAPTER X
INCENTIVES AND PENALTIES FOR DIPLOMATS,
SOCIAL GUARANTEES OF DIPLOMATS AND MEMBERS OF THEIR FAMILIES
Article 51. Incentives
1. The following incentives may be given to a diplomat for exemplary performance of diplomatic duties, a proactive and creative approach and excellence in the diplomatic service of the Republic of Lithuania:
1) a note of appreciation;
2) a lump-sum cash payment in accordance with the procedure established by the Government;
3) a valuable gift;
4) conferral of a higher diplomatic rank ahead of term;
5) a medal for achievement in the diplomatic service of the Republic of Lithuania;
6) other departmental awards.
2. Incentives shall be given by an order of the Minister of Foreign Affairs.
3. Diplomats may, in accordance with the established procedure, be recommended for state awards for special merits to the Republic of Lithuania or long and honest work in the diplomatic service of the Republic of Lithuania.
Article 52. Awards by Foreign States
1. A diplomat must notify the Ministry of Foreign Affairs about any award received from a foreign state.
2. The procedure for accepting, declaring and safekeeping of valuable gifts shall be laid down in the Law on the Adjustment of Public and Private Interests in the Civil Service.
Article 53. Disciplinary Penalties
1. The following disciplinary penalties may be imposed on diplomats for misconduct in office:
1) a warning;
2) a reprimand;
3) a severe reprimand;
4) demotion in diplomatic rank conferred by the Minister of Foreign Affairs;
5) termination of a diplomatic service contract or a fixed-term diplomatic service contract.
2. Disciplinary penalties shall be imposed by the Minister of Foreign Affairs in accordance with the procedure laid down in the Law on Civil Service and other legal acts.
Article 54. Bonus for Diplomatic Rank
A diplomat shall, in addition to the basic salary for diplomatic service, be paid a bonus for the diplomatic rank calculated according to the coefficient indicated in Appendix 5 to this Law. The value of the coefficient unit of the bonus for the diplomatic rank shall be equal in euros to the base amount of the basic salary.
Article 55. Reimbursement of Expenses Related to Work Abroad
A diplomat working at a diplomatic mission or consular post of the Republic of Lithuania shall, in accordance with the procedure established by the Government, be reimbursed for the expenses related to his work abroad according to the diplomatic duties performed in the amount calculated according to the coefficient indicated in Appendix 4 to this Law and the local coefficient of the standard of living fixed by the Government. The value of the coefficient unit in respect of reimbursement of expenses related to work abroad shall be equal in euros to the base amount of the basic salary.
Article 56. Allowances for Diplomats for the Maintenance of their Family Members
1. Where a spouse lives together with a diplomat working at a diplomatic mission or consular post of the Republic of Lithuania, the diplomat shall, together with the basic salary, be paid an allowance equal to 0.5 of the monthly reimbursement of expenses related to his work abroad. A spouse who receives income in connection with employment relations shall not be paid such an allowance.
2. Where the family members of a diplomat specified in subparagraphs 2, 3, 4 and 5 of paragraph 1 of Article 27 of this Law, namely children (adopted children), form part of the household of the diplomat working at a diplomatic mission or consular post of the Republic of Lithuania, the diplomat shall, together with the basic salary, be paid for each child (adopted child) an allowance equal to 0.2 of the monthly reimbursement of expenses related to his work abroad in the event that the child is under six years of age or equal to 0.3 of such monthly reimbursement in the event that the child (adopted child) is six years of age and older.
3. Where the family members of a diplomat working at a diplomatic mission or consular post of the Republic of Lithuania specified in subparagraphs 2 and 4 of paragraph 1 of Article 27 of this Law, namely children (adopted children), as well as children specified in subparagraph 6 of paragraph 1 of Article 27 of this Law the guardian whereof the diplomat or his spouse have been appointed in accordance with the procedure laid down by laws, form part of his household, the diplomat shall be reimbursed, not exceeding the rate established by the Government, for the expenses related to pre-school education of the children.
4. Where the family members of a diplomat working at a diplomatic mission or consular post of the Republic of Lithuania specified in subparagraphs 2, 3, 4 and 5 of paragraph 1 of Article 27 of this Law, namely children (adopted children), as well as children the guardian or custodian whereof he or his spouse have been appointed in accordance with the procedure laid down by laws, form part of his household and are enrolled in school, the diplomat shall be reimbursed, not exceeding the rate established by the Government, for the expenses related to education of the children (adopted children), as a rule from the age of six until they complete secondary education, but not longer than until they reach the age of 20.
5. Where dependants specified in Article 27 of this Law form part of the household of a diplomat working at a diplomatic mission or consular post of the Republic of Lithuania, the diplomat shall, together with the basic salary, be paid an allowance for each dependant equal to 0.25 of the monthly reimbursement of expenses related to his work abroad.
6. Family members of diplomats transferred to international and EU institutions or foreign institutions shall be paid allowances and granted social guarantees as set forth in the Law of the Republic of Lithuania on Secondment of Persons to International and EU Institutions or Foreign Institutions.
Article 57. Other Guarantees of Diplomats and their Family Members
1. A diplomat working at a diplomatic mission or consular post of the Republic of Lithuania (except for a diplomatic representative of the Republic of Lithuania) shall, at his choice, be granted a monthly allowance to provide himself with residential accommodation corresponding to his position and the number of family members and to cover the utilities and communications expenses or, where possible, be provided with residential accommodation corresponding to his position and the number of family members. A diplomatic representative of the Republic of Lithuania shall be provided with residential accommodation corresponding to his position and the number of family members, namely a residence. The utilities and communications expenses shall be paid in accordance with the procedure established by the Government when providing the residential accommodation. The diplomat shall also be reimbursed for the relocation expenses related to his transfer and the transfer of members of his family from the Republic of Lithuania to a foreign state and from a foreign state to the Republic of Lithuania (or another foreign state).
2. Once a year, calculating from the day of appointment to a diplomatic mission or consular post of the Republic of Lithuania, a diplomat and members of his family forming part of his household shall be reimbursed for travel expenses to the Republic of Lithuania and back, while members of his family not forming part of the diplomat’s household shall be reimbursed for travel expenses to the diplomat and back to the Republic of Lithuania.
3. The procedure for granting allowances for residential accommodation and covering the utilities and communications expenses and providing residential accommodation as well as the yearly rate of rental costs of residential accommodation and the procedure for reimbursing for resettlement expenses shall be established by the Government.
4. A diplomat assigned to a diplomatic mission or consular post of the Republic of Lithuania or returned to the Ministry of Foreign Affairs after service at the diplomatic mission or consular post of the Republic of Lithuania shall be granted a relocation leave of five working days. For this period a diplomat shall be paid his average monthly salary calculated in accordance with the procedure laid down by the Government.
5. A diplomat appointed to a diplomatic mission or consular post of the Republic of Lithuania and the spouse who will accompany him may, in accordance with the procedure established by the Minister of Foreign Affairs, be reimbursed for the costs of learning one of the official languages of the state wherein the diplomatic mission or consular post of the Republic of Lithuania is located or, where necessary, any other foreign language.
Article 58. Termination of a Diplomatic Service Contract and a Fixed-term Diplomatic Service Contract
1. A diplomatic service contract and a fixed-term diplomatic service contract must be terminated where:
1) a diplomat loses the citizenship of the Republic of Lithuania;
2) a diplomat discloses state secrets;
3) it emerges that, when entering the diplomatic service, he submitted falsified documents, concealed or presented false data which made him not eligible for the diplomatic service;
4) a court judgment imposing on him a penalty for a serious or grave crime or a criminal act against the civil service and public interest or a criminal act of corruptive nature, or any penalty barring him from performing his duties comes into force;
5) a diplomat reaches the age specified in paragraph 68 of this Law and he is not permitted to continue his work in accordance with the procedure laid down in paragraph 2 of Article 68 of this Law;
6) a disciplinary penalty, namely termination of a diplomatic service contract or a fixed-term diplomatic service contract, is imposed;
7) a diplomat loses an authorisation to handle or gain access to classified information.
2. A diplomatic service contract and a fixed-term diplomatic service contract may be terminated if:
1) a diplomat has committed a serious breach of service discipline or was negligent in the performance of his duties, where a disciplinary penalty was imposed on him at least once over the past 12 months;
2) a diplomat is absent from work due to temporary incapacity for more than 120 calendar days in succession or more than 140 days over the past twelve months, unless the laws provide that in the case of certain illnesses the job (post) is retained for a longer period. Diplomats who have lost their work capacity as a result of injury at work or an occupational disease shall retain their job (post) until they regain work capacity or until disability is established;
3) it emerges that a diplomat cannot adequately perform the duties assigned to him due to health impairment;
4) it emerges that a diplomat cannot adequately perform the duties assigned to him due to insufficient qualifications;
5) a diplomat is under the influence of alcohol, narcotic or toxic substances during work hours;
6) a diplomat whose duties are related to accounting, reception, delivery or transportation of material valuables loses confidence through his own fault;
7) a diplomat fails to declare his assets and income in accordance with the procedure prescribed by laws;
8) a diplomat violates the provisions of Article 29 of this Law;
9) the Evaluation Commission has evaluated the performance of a diplomat as unsatisfactory on two consecutive occasions and has recommended dismissal;
10) the diplomat dismissed from mandatory initial military service or alternative national defence service does not return for over two months to the post held;
11) a diplomat is restored by a court decision to the post previously held by him and there is no possibility to transfer the diplomat currently holding the post to another post or it emerges that the requirements set out in this Law were violated when recruiting a diplomat to the diplomatic service and the violations cannot be eliminated.
3. A diplomatic service contract may be terminated where the diplomat does not comply with the conditions of diplomatic rotation referred to in Article 24 of this Law, i.e. refuses to obey an order of the Minister of Foreign Affairs regarding his appointment to a diplomatic mission or consular post of the Republic of Lithuania or his return to service at the Ministry of Foreign Affairs.
4. A diplomatic service contract or a fixed-term diplomatic service contract may not be terminated during the period of temporary incapacity for work, business trip, traineeship or leave, except for the reasons specified in paragraph 1 of this Article. Where the contract has been terminated in breach of this provision, the day of termination of the contract shall be considered the next working day after the end of the temporary incapacity for work, business trip, traineeship or leave.
5. Any party to a diplomatic service contract or a fixed-term diplomatic service contract (except for a diplomatic representative of the Republic of Lithuania) may submit a written proposal to the other party to terminate the contract by mutual agreement. Where the other party does not object to the proposal, it must, within five calendar days, notify thereof the party which has submitted the proposal to terminate the contract. The parties shall also agree on the date and conditions of termination of the contract (reimbursements, granting of unused leave, etc.). Where the other party fails to notify, within the time limit specified in this paragraph, about its consent to terminate the contract, it shall be deemed that the proposal to terminate the contract by mutual agreement has been rejected.
6. A diplomat (except for a diplomatic representative of the Republic of Lithuania) shall have the right to terminate a diplomatic service contract or a fixed-term diplomatic service contract upon notifying the Ministry of Foreign Affairs thereof not later than 30 calendar days in advance. After the expiry of the notification period, the diplomat shall have the right to terminate his employment, while the Ministry of Foreign Affairs must execute the termination of the contract. Where the termination of the contract is requested due to the diplomat’s illness or disability preventing him from performing his duties adequately, the contract must be terminated as of the date indicated in the request.
7. A diplomat shall have the right to withdraw his request to terminate the contract not later than within three calendar days from its submission. Later, he may withdraw his request only with the consent of the Minister of Foreign Affairs.
8. A diplomatic service contract and a fixed-term diplomatic service contract shall be terminated by an order of the Minister of Foreign Affairs.
9. A fixed-term diplomatic service contract concluded with a diplomatic representative of the Republic of Lithuania shall be terminated in the event that the diplomatic representative of the Republic of Lithuania resigns. The resignation of the diplomatic representative of the Republic of Lithuania with whom a diplomatic service contract has been concluded shall not terminate the diplomatic service contract. In this case, the provisions of Article 25 of this Law shall apply.
Article 59. Compensation upon Termination of a Diplomatic Service Contract or a Fixed-term Diplomatic Service Contract
Where a diplomatic service contract is terminated in accordance with paragraph 3 of Article 58 of this Law or where a diplomatic service contract or a fixed-term diplomatic service contract is terminated in accordance with subparagraphs 2 and 3 of paragraph 2 of Article 58 of this Law, the diplomat shall be paid compensation. The amount of compensation shall be calculated by multiplying the basic salary by the number of full years of work in the diplomatic service of the Republic of Lithuania and by the coefficient of 0.5, but not exceeding 12.
Article 60. Termination of a Diplomatic Service Contract or a Fixed-term Diplomatic Service Contract Pursuant to Paragraph 2 of Article 58 of this Law
1. Where a diplomatic service contract or a fixed-term diplomatic service contract is terminated pursuant to subparagraphs 2 and 3 of paragraph 2 of Article 58 of this Law, the diplomat must be notified thereof in writing two months prior to the termination of contract. Diplomats entitled to a full old age pension in not more than five years, disabled diplomats and diplomats raising a child (children) under 14 years of age must be notified about the termination of contract in writing four months in advance.
2. A notification shall become invalid where more than one month passes after the expiry of its time limit, excluding the period of an employee’s temporary incapacity for work and leave.
3. Where a diplomatic service or a fixed-term diplomatic service contract is terminated before the expiry of the time limit of the notification, the day of termination of contract shall be transferred to the date of expiry of the time limit of the notification.
Article 61. Restrictions on Termination of a Diplomatic Service Contract or a Fixed-term Diplomatic Service Contract with Pregnant Women and Diplomats Raising a Child (Children) under Three Years of Age
A diplomatic service contract or a fixed-term diplomatic service contract with a pregnant woman and a diplomat raising a child (children) under three years of age, except for a diplomatic representative of the Republic of Lithuania, may not be terminated pursuant to paragraph 2 of Article 58 of this Law.
Article 62. Right of a Diplomat to Request Notification of Reasons for the Termination of a Diplomatic Service Contract or a Fixed-term Diplomatic Service Contract
1. A diplomat shall have the right to request in writing not later than within 10 days from the termination of a diplomatic service contract or a fixed-term diplomatic service contract to be notified of the reasons for termination of the contract.
2. The Ministry of Foreign Affairs must, not later than within five days of receipt of the request, notify in writing about the specific reasons for termination of a diplomatic service contract or a fixed-term diplomatic service contract and specify the grounds for dismissal from the diplomatic service of the Republic of Lithuania.
Article 63. Settlement with a Diplomat whose Diplomatic Service Contract or Fixed-term Diplomatic Service Contract Is Terminated
1. The Ministry of Foreign Affairs must fully settle with a diplomat whose diplomatic service contract or fixed-term diplomatic service contract is terminated on the day of termination of the contract, except for the payment of compensation referred to in Article 59 of this Law. Such compensation shall be paid out in equal instalments within a period of three months from the date of termination of the contract by making one payment per month.
2. Where the settlement is delayed through the fault of the Ministry of Foreign Affairs, a diplomat shall be paid his average monthly salary for the period delayed.
Article 64. Repealed as of 25 November 2004.
Article 65. Settlement of Disputes
Any dispute over the termination of a diplomatic service contract or a fixed-term diplomatic service contract shall be examined in accordance with the procedure laid down in this Law and other laws of the Republic of Lithuania.
Article 66. Health and Life Insurance for Diplomats and Members of their Families
1. Diplomats shall be covered by life insurance from the state funds in accordance with the procedure established by the laws of the Republic of Lithuania.
2. A diplomat working at a diplomatic mission or consular post of the Republic of Lithuania and members of his family specified in Article 27 of this Law shall be covered by health insurance from the state budget allocations for the Ministry of Foreign Affairs in accordance with the procedure established by the Government. In states where there is no possibility to be covered by health insurance, all expenses related to the healthcare of the diplomat working at a diplomatic mission or consular post of the Republic of Lithuania or members of his family specified in Article 27 of this Law shall be paid from the state budget allocations for the Ministry of Foreign Affairs in accordance with the procedure established by the Government.
Article 67. Repealed as of 25 November 2004.
Article 68. Age Limitation
1. A person not older than 65 years of age may serve as a diplomat.
2. The President of the Republic may allow persons older than 65 years of age serve as diplomatic representatives of the Republic of Lithuania, however, the total term of extended service may not exceed five years. The Minister of Foreign Affairs may extend the service of diplomats who have reached the age specified in paragraph 1 of this Article in the diplomatic service of the Republic of Lithuania for a period of up to one year; however, the total term of extended service may not exceed five years. The Ministry of Foreign Affairs must notify the agency for civil service management about the coming extension of service not later than 10 calendar days prior to the extension of the service.
Article 69. Regulation of Social and Health Insurance for Diplomats and State Social Pension Insurance and Unemployment Social Insurance for their Spouses
1. Social and health insurance for diplomats as well as state social pension insurance and unemployment social insurance for their spouses shall be established by this Law, the Law on State Social Insurance, the Law on Health Insurance, the Law on State Social Insurance Pensions, the Law on Unemployment Social Insurance and other legal acts.
2. Contributions under the state social pension insurance and unemployment social insurance schemes in respect of a diplomat’s spouse for the period he spent living abroad together with the diplomat working at a diplomatic mission or consular post of the Republic of Lithuania shall be paid from the state budget of the Republic of Lithuania. The amount of contributions shall be calculated on the basis of 0.5 of the basic salary of the diplomat. This provision shall not apply in respect of the diplomat’s spouse who has reached the pensionable age or receives income in connection with employment relations.
Article 70. Compensation in the Event of a Diplomat’s Death or Injury. Transportation of Remains
1. Where a diplomat perished while performing his duties or died for reasons related to the performance of his duties, a compensation in the amount of 48 average monthly salaries received by the said diplomat shall be paid in equal instalments in accordance with the procedure established by the Government from the state budget of the Republic of Lithuania to his children (adopted children, as well as children who were born after his death) until they reach the age of 18, also to older children (adopted children) who study according to the general education curriculum, according to the formal vocational training programme for the acquisition of the first qualification or study at a higher education establishment according to the full-time study form of the sequential study programme or the programme of continual study form (including the period of academic leave) until they reach the age of 24, to the spouse, father (adoptive father), mother (adoptive mother) and to the persons with incapacity for work because of age or disability who were maintained by the diplomat or were entitled to his maintenance on the day of his death. Where a diplomat perished while performing his duties or died for reasons related to the performance of his duties in a foreign state in which an armed conflict takes place or as a result of an act of terrorism committed in the foreign state, a compensation in the amount of 100 average monthly salaries received by the said diplomat shall be paid. In all cases, the total sum of the compensation paid upon the death of the diplomat while performing his duties or for reasons related to the performance of his duties may not exceed EUR 101 370. The compensation may be paid in instalments over a period of no more than three years.
Version of paragraph 1 valid as of 1 July 2017:
1. Where a diplomat perished while performing his duties or died for reasons related to the performance of his duties, a compensation in the amount of the diplomat’s 48 average monthly salaries reduced by the amount of a lump-sum insurance benefit upon the death of the insured person due pursuant to the Law of the Republic of Lithuania on Social Insurance of Accidents at Work and Occupational Diseases (hereinafter: the ‘Law on Social Insurance of Accidents at Work and Occupational Diseases) shall be paid in equal instalments in accordance with the procedure established by the Government from the state budget of the Republic of Lithuania to his children (adopted children, as well as children who were born after his death) until they reach the age of 18, also to older children (adopted children) who study according to the general education curriculum, according to the formal vocational training programme for the acquisition of the first qualification or study at a higher education establishment according to the full-time study form of the sequential study programme or the programme of continual study form (including the period of academic leave) until they reach the age of 24, to the spouse, father (adoptive father), mother (adoptive mother) and to the persons with incapacity for work because of age or disability who were maintained by the diplomat or were entitled to his maintenance on the day of his death. Where a diplomat perished while performing his duties or died for reasons related to the performance of his duties in a foreign state in which an armed conflict takes place or as a result of an act of terrorism committed in the foreign state, a compensation in the amount of the diplomat’s 100 average monthly salaries reduced by the amount of a lump-sum insurance benefit upon the death of the insured person due pursuant to the Law on Social Insurance of Accidents at Work and Occupational Diseases shall be paid. In all cases, the total sum of the compensation paid upon the death of the diplomat while performing his duties or for reasons related to the performance of his duties may not exceed EUR 101 370. The compensation may be paid in instalments over a period of no more than three years.
2. A diplomat shall be deemed to have perished while performing his duties or to have died for reasons related to the performance of his duties if the incident, which was the cause of the diplomat’s perishing (death), occurred while carrying out the functions set out in his job description or because of the carrying out of the said functions, except for the cases where the diplomat perished (died) in the course of committing an intentional criminal act or any other offense, also where the diplomat’s perishing (death) was caused by intoxication with alcohol, narcotic, psychotropic or toxic substances or if the diplomat committed suicide for reasons unrelated to the service. A diplomat shall be deemed to have perished while performing his duties or to have died for reasons related to the performance of his duties abroad in accordance with the procedure laid down by the Government.
3. A diplomat who perished while performing his duties or died for reasons related to the performance of his duties shall be buried at the expense of the State. A description of the burial-related expenses covered by the State shall be approved by the Government or an institution authorised by it.
4. A diplomat who has been injured or contracted a serious disease while performing his duties or for reasons related to the performance of his duties shall, taking into consideration the degree of his health impairment, in accordance with the procedure laid down by the Government, be paid a lump-sum compensation in the amount equal to his average monthly salary for 12-48 months, while a diplomat who has been injured or contracted a serious disease while performing his duties or for reasons related to the performance of his duties in a foreign state in which an armed conflict takes place or as a result of an act of terrorism shall be paid a lump-sum compensation in the amount equal to his average monthly salary for 30-50 months.
Version of paragraph 1 valid as of 1 July 2017:
4. A diplomat who has been injured while performing his duties or contracted a serious disease for reasons related to the performance of his duties shall, taking into consideration the degree of his health impairment, in accordance with the procedure laid down by the Government, be paid a lump-sum compensation in the amount equal to his average monthly salary for 12-48 months reduced by the amount of a lump-sum compensation for lost capacity for work or a periodic compensation for the lost capacity for work due pursuant to the Law on Social Insurance of Accidents at Work and Occupational Diseases and payable for a period not exceeding 12 months, while a diplomat who has been injured while performing his duties or contracted a serious disease for reasons related to the performance of his duties in a foreign state in which an armed conflict takes place or as a result of an act of terrorism shall be paid a lump-sum compensation in the amount equal to his average monthly salary for 30-50 months reduced by the amount of a lump-sum compensation for lost capacity for work or a periodic compensation for the lost capacity for work due pursuant to the Law on Social Insurance of Accidents at Work and Occupational Diseases and payable for a period not exceeding 12 months.
5. Expenses related to the transportation to Lithuania of the remains of a diplomat appointed to a diplomatic mission or consular post of the Republic of Lithuania who perished or died while serving abroad, as well as the family members specified in Article 27 of this Law who formed part of the household of the diplomat serving at the diplomatic mission or consular post of the Republic of Lithuania who perished or died abroad shall be covered by the State in accordance with the procedure prescribed by legal acts.
6. Upon payment of compensation, the Ministry of Foreign Affairs shall acquire the right of recourse against legal and natural persons who caused damage. The compensation shall be included in the amount of the damage to be compensated. In cases where the amount of the damage is smaller than the compensation paid, the Ministry of Foreign Affairs may claim by recourse from the person who caused the damage the part of the compensation by which the damage has been compensated.
CHAPTER XI
FINAL PROVISIONS
Article 71. Laws Repealed upon Entry into Force of this Law
Upon entry into force of this Law, the following legal acts shall be repealed:
1) Republic of Lithuania Law on the Diplomatic Ranks of the Republic of Lithuania (Official gazette Valstybės žinios, 1990, No 30-722);
2) Law of the Republic of Lithuania on the Diplomatic Passport (Official gazette Valstybės žinios, 1991, No 27-738);
3) Republic of Lithuania Law on the Status of Diplomatic Missions of the Republic of Lithuania Abroad (Official gazette Valstybės žinios, 1991, No 29-790);
4) Appendix 5 to the Republic of Lithuania Law on the Framework for Remuneration of Heads of State and Government, Members of the Seimas, Employees of State and Municipal Agencies and Organisations (Official gazette Valstybės žinios, 1996, No 109-2472).
Article 72. Implementation of the Law
The procedure and conditions for implementing this Law shall be established by the Law on the Implementation of the Law on the Diplomatic Service.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS
APPENDIX 1
Law of the Republic of Lithuania on the Diplomatic Service
DIPLOMATIC SERVICE CONTRACT No ______
________________(date, place)
The Ministry of Foreign Affairs________________________________________________
________________________________________________________________________
(address)
(hereinafter referred to as the “employer”) represented by
________________________________________________________________________
(representative’s position, full name)
and the citizen of the Republic Lithuania appointed to the diplomatic service of the Republic of Lithuania (hereinafter referred to as the “diplomat”)
_______________________________________________________personal number
(full name)
_________________ place of residence____________________________________
________________________________________________________________________
have concluded this diplomatic service contract:
1. ________________________________________________________________________
(full name)
is appointed to the diplomatic service of the Republic of Lithuania.
2. The employer hereby undertakes to pay remuneration set out in laws and other legal acts and to ensure proper service conditions for the diplomat.
3. The diplomat hereby undertakes to perform the diplomatic duties set out in the Law of the Republic of Lithuania on the Diplomatic Service, other laws and legal acts and to comply with the diplomatic service rules stipulated by the Law of the Republic of Lithuania on the Diplomatic Service, other laws and legal acts.
4. Other obligations of the employer which are non-mandatory under legal acts but do not contravene such legal acts __________________________________________________
__________________________________________________________________________
(additional guarantees, reimbursements, etc.)
5. Obligations of the diplomat which are non-mandatory under legal acts but do not contravene such legal acts ______________________________________________________
___________________________________________________________________________
6. This diplomatic service contract shall come into force on ___________________ (date)
7. The diplomat shall commence employment on ________________________ (date)
8. Disputes arising from this diplomatic service contract shall be settled in accordance with the procedure prescribed by the laws of the Republic of Lithuania.
9. This diplomatic service contract may be terminated on the grounds stipulated in the Law of the Republic of Lithuania on the Diplomatic Service.
10. The diplomatic service contract shall be executed in two copies, one of which shall be handed to the employer and the other to the diplomat.
Signatures of parties to the diplomatic service contract:
On behalf of the employer Diplomat
___________________________ __________________________
(Full name) (Signature) (Full name) (Signature)
L.S.
Diplomatic service contract terminated on _______________________________________
________________________________________________________________________
(indicate date and legal grounds for termination)
On behalf of the employer Diplomat
_________________________ _________________________
(Full name) (Signature) (Full name) (Signature)
L.S.
APPENDIX 2
Law of the Republic of Lithuania on the Diplomatic Service
FIXED-TERM DIPLOMATIC SERVICE CONTRACT No ________
___________________(date, place)
The Ministry of Foreign Affairs________________________________________________
________________________________________________________________________
(address)
(hereinafter referred to as the “employer”) represented by
________________________________________________________________________
(representative’s position, full name)
and the citizen of the Republic Lithuania appointed to the diplomatic service of the Republic of Lithuania (hereinafter referred to as the “diplomat”)
_______________________________________________________personal number
(full name)
_________________ place of residence____________________________________
________________________________________________________________________
have concluded this fixed-term diplomatic service contract:
1. ________________________________________________________________________
(full name)
is appointed to the diplomatic service of the Republic of Lithuania to work at:
1.1. _______________________________________________________________________
(indicate the diplomatic mission /consular post/ state institution, division and post)
1.2. _______________________________________________________________________
(indicate the term of contract, where a person is appointed for a fixed term)
1.3. _______________________________________________________________________
(other conditions of the fixed-term diplomatic service contract (indicate when the contract terminates: a) upon termination of the term of contract, b) upon recalling the diplomat, c) after the diplomat ceases to hold the post specified in subparagraph 1.1 of this contract, etc., enter the appropriate words)
2. The employer hereby undertakes to pay the diplomat remuneration set out in laws and other legal acts (except for remuneration to persons recruited to the diplomatic service of the Republic of Lithuania in accordance with paragraph 3 of Article 23 of the Law of the Republic of Lithuania on the Diplomatic Service).
3. The diplomat hereby undertakes to perform the diplomatic duties and requests set out in the Law of the Republic of Lithuania on the Diplomatic Service, other laws and legal acts.
4. Other obligations of the employer which are non-mandatory under legal acts but do not contravene such legal acts __________________________________________________
__________________________________________________________________________
(additional guarantees, reimbursements, etc.)
5. Obligations of the diplomat which are non-mandatory under legal acts but do not contravene such legal acts ______________________________________________________
___________________________________________________________________________
6. This fixed-term diplomatic service contract shall come into force on ___________________ (date)
7. The diplomat shall commence employment on ________________________ (indicate date, except in case of persons recruited to the diplomatic service of the Republic of Lithuania in accordance with paragraph 3 of Article 23 of the Law of the Republic of Lithuania on the Diplomatic Service)
8. Disputes arising from this fixed-term diplomatic service contract shall be settled in accordance with the procedure prescribed by the laws of the Republic of Lithuania.
9. This fixed-term diplomatic service contract may be terminated on the grounds stipulated in the Law of the Republic of Lithuania on the Diplomatic Service.
10. The fixed-term diplomatic service contract shall be executed in two copies, one of which shall be handed to the employer and the other to the diplomat.
Signatures of parties to the fixed-term diplomatic service contract:
On behalf of the employer Diplomat
___________________________ __________________________
(Full name) (Signature) (Full name) (Signature)
L.S.
Fixed-term diplomatic service contract amended ___________________________________
________________________________________________________________________
____________________________________________________________ _________
________________________________________________________________________________
(indicate which initial conditions of this contract have been amended, date and legal grounds for amendment)
On behalf of the employer Diplomat
_________________________ _________________________
(Full name) (Signature) (Full name) (Signature)
L.S.
Diplomatic service contract terminated on _______________________________________
________________________________________________________________________
(indicate date and legal grounds for termination)
On behalf of the employer Diplomat
_________________________ _________________________
(Full name) (Signature) (Full name) (Signature)
L.S.
APPENDIX 3
Law of the Republic of Lithuania
No VIII-1012 of 29 December 1998
Appendix 3 repealed as of 25 November 2004
APPENDIX 4
Law of the Republic of Lithuania
No VIII-1012 of 29 December 1998
REIMBURSEMENT OF EXPENSES RELATED TO WORKING ABROAD
| Post |
Coefficient |
| Ambassador |
14.0 |
| Chargé d’affaires ad interim, Minister Plenipotentiary |
12.5 |
| Minister Counsellor |
11.5 |
| Counsellor |
10.5 |
| First Secretary |
9.0 |
| Second Secretary |
7.5 |
| Third Secretary |
6.5 |
| Attaché |
5.5 |
| Consul General |
11.5 |
| Consul |
9.0 |
| Vice Consul |
7.5 |
The value of the coefficient unit (1.00) is equal to the base amount of a basic salary.
APPENDIX 5
Law of the Republic of Lithuania
No VIII-1012 of 29 December 1998
BONUS FOR DIPLOMATIC RANK
| Diplomatic rank |
Coefficient |
| Ambassador Extraordinary and Plenipotentiary of the Republic of Lithuania |
4.3 |
| Envoy Extraordinary and Minister Plenipotentiary of the Republic of Lithuania |
4.0 |
| Minister Counsellor |
3.7 |
| Counsellor |
3.3 |
| First Secretary |
2.8 |
| Second Secretary |
2.4 |
| Third Secretary |
2.1 |
| Attaché |
1.8 |
The value of the coefficient unit (1.00) is equal to the base amount of a basic salary.