REPUBLIC OF LITHUANIA
LAW ON INTELLIGENCE
17 July 2000 No VIII-1861
Vilnius
As last amended on 23 December 2021
SECTION ONE
GENERAL PROVISIONS
Article 1. Purpose of the Law
This Law lays down the legal framework for the work of intelligence institutions, their objectives, areas of work, working principles, rights, obligations and structure; the framework for and ways of exercising control of their activities; as well as the status of intelligence officers, their service, official liability, basic pay, social benefits and other guarantees.
Article 2. Definitions
2. ‘Counter-intelligence activities’ means collection, processing, and assessment of information on internal risks, dangers and threats to national security and national interests of the Republic of Lithuania carried out by institutions authorised by this Law; provision of the said information to institutions responsible for ensuring national security; and activities aimed at eliminating these risks, dangers and threats.
3. ‘Coercion’ means an act of influence used to fulfil the objectives assigned to intelligence institutions and applied in the event of non-compliance with lawful demands or instructions of an intelligence officer, or to prevent any danger. Coercion may be mental and physical.
4. ‘Mental coercion’ means a warning to use physical coercion and/or a service firearm. Preparedness to use a service firearm if necessary shall be equivalent to mental coercion.
5. ‘Special means’ covers measures used for deterring, suppressing or detaining potential offenders and handing them over to an appropriate institution and/or to temporarily seizing the tools or instruments they had used to commit the offence, without putting lives into direct danger.
6. ‘Official misconduct’ means an intentional offence laid down in this Law consisting of act or omission that conflicts with the law and gives rise to liability.
7. ‘Intelligence activities’ means collection, processing, and assessment of information on external risks, dangers and threats to national security and national interests of the Republic of Lithuania by institutions authorised under this Law and the provision of the said information to institutions responsible for ensuring national security.
8. ‘Intelligence’ means data obtained in carrying out intelligence and counter-intelligence activities. The data obtained in the course of a criminal intelligence investigation shall not constitute intelligence.
9. ‘Intelligence institution’ means a state institution assigned, under the procedure laid down by this Law, to carry out intelligence and counter-intelligence activities.
10. ‘Activities of an intelligence institution’ means intelligence and counter-intelligence activities and internal administration carried out by an intelligence institution.
12. ‘Intelligence officer’ means a person who serves at an intelligence institution under an intelligence officer service contract or professional military service contract and who performs intelligence or counter-intelligence activities and/or who is subject to special recruitment and service conditions, restrictions and prohibitions, as well as restrictions on private life. An intelligence officer shall be equivalent to a statutory civil servant.
13. ‘Discrediting of the intelligence service’ means an officer’s act, regardless of whether committed on or off duty, whereby the officer degrades the authority of an intelligence institution, undermines public trust in the intelligence institution, or compromises the intelligence institution and creates an inaccurate and implausible public image of the institution and its officials.
14. ‘Covert human intelligence source’ means a legally capable natural person engaged in covert cooperation with an intelligence institution on a contractual basis.
Article 3. Legal grounds for activities of intelligence institutions
In performing the objectives assigned to them, intelligence institutions shall be guided by the Constitution of the Republic of Lithuania, the Law of the Republic of Lithuania on the Basics of National Security, this Law, and other legal acts and international treaties to which the Republic of Lithuania is a party.
Article 4. Principles governing the activities of intelligence institutions
1. The activities of intelligence institutions shall be governed by general legal principles and special principles.
2. The activities of intelligence institutions shall be carried out in compliance with the following general legal principles:
3. Special principles governing the activities of intelligence institutions shall be as follows:
1) political neutrality, under which powers granted to intelligence institutions and intelligence officers may not be employed for arbitrary interference, by active or passive conduct, in the national democratic processes and participation in political decision-making;
2) non-disclosure of methods of work, under which the methods employed by intelligence institutions shall be classified and shall not be disclosed to persons other than those engaged in intelligence and counter-intelligence activities, their coordination or control;
3) timeliness, under which intelligence must be provided to institutions responsible for ensuring national security within a reasonable time limit;
Article 5. Protection of information on intelligence institutions and their activities
All intelligence tasks, intelligence, intelligence methods, information on the activities of intelligence institutions, covert human intelligence sources, funding of intelligence institutions, and technical supply shall be classified, declassified and processed in accordance with the procedure laid down by laws.
SECTION TWO
PURPOSE OF ACTIVITIES OF INTELLIGENCE INSTITUTIONS;
OBJECTIVES OF INTELLIGENCE AND COUNTER-INTELLIGENCE ACTIVITIES
Article 6. Main purpose of activities of intelligence institutions
The main purpose of activities of intelligence institutions shall be to strengthen the national security of the Republic of Lithuania by collecting information on risks, dangers and threats, providing it to the institutions responsible for ensuring national security, and eliminating these risks, dangers and threats.
Article 7. Objectives of intelligence and counter-intelligence activities
1. The objective of intelligence activities shall be to predict and identify risks, dangers and threats arising from other countries and capable of affecting national sovereignty, territorial integrity, inviolability, constitutional order, national interests, national defence capabilities and economic power.
2. The objectives of counter-intelligence activities shall be as follows:
1) to predict, identify and eliminate risks, dangers and threats arising within the Republic of Lithuania which may affect public political and economic processes and which may undermine the country’s sovereignty, territorial integrity, inviolability, constitutional order, national interests, national defence capabilities and economic power;
2) to identify the activities of foreign intelligence and security institutions and associated persons that have the potential to undermine the country’s sovereignty, territorial integrity, inviolability, constitutional order, national interests, national defence capabilities and economic power, and to eliminate these risks, dangers and threats;
Article 8. Intelligence institutions and their areas of activity
1. The following institutions shall carry out the activities of intelligence institutions in the Republic of Lithuania:
1) the State Security Department of the Republic of Lithuania (hereinafter: ‘the State Security Department’), a state institution accountable to the Seimas of the Republic of Lithuania (hereinafter: the ‘Seimas’) and to the President of the Republic;
2. The State Security Department shall carry out intelligence and counter-intelligence activities in the following areas:
1) public political, economic, scientific, technological and information activities, with the exception of the areas referred to in Article 8(3)(1) of this Law;
2) security of the diplomatic service of the Republic of Lithuania and other institutions of the Republic of Lithuania operating abroad, with the exception of the institutions referred to in Article 8(3)(2) of this Law;
3) protection of information comprising a state secret and an official secret, with the exception of the institutions referred to in Article 8(3)(3) of this Law;
3. The Second Investigation Department shall carry out intelligence and counter-intelligence activities in the following areas:
1) defence, military-political, military-economic, military-technological and military-information areas;
Article 9. Rights and obligations of intelligence institutions
1. For implementing the assigned objectives, an intelligence institution shall be granted the right to apply the following measures:
3) to conduct criminal intelligence investigation in the cases and for the purposes laid down in this Law;
4) to obtain from institutions, enterprises, agencies and organisations the information required for the activities of intelligence institutions;
5) to cooperate with foreign intelligence and security institutions, international organisations and institutions with a view to ensuring the national security of the Republic of Lithuania;
7) to classify intelligence officers; encrypt their service affiliation; and classify and encode the identity of intelligence officers and covert human intelligence sources, service affiliation of premises, vehicles, means of communication of intelligence institutions, and other technical means;
9) to use the documents and means preventing the disclosure of the identity and service affiliation;
10) to acquire and use technical and other means and materials required for the activities of intelligence institutions and for the protection of intelligence officers, covert human intelligence sources and their family members, and intelligence premises or other property of intelligence institutions;
11) to carry out auxiliary activities required for the performance of activities of intelligence institutions by using internal human resources and funds of the State Budget for organising and carrying out maintenance of premises, buildings and the territory, technical systems, vehicles, catering and other administrative, material and technical support activities;
12) to keep accounts, in accordance with the procedure laid down by the Government of the Republic of Lithuania (hereinafter: the ‘Government’), of income and tangible assets obtained in the course of application of intelligence methods, information collection, whether court-sanctioned or not, or obtained in the course of conducting of criminal intelligence investigation and to use the said income and assets for the activities of intelligence institutions;
2. The obligations of an intelligence institution shall include the following:
1) to provide the state institutions responsible for ensuring national security of the Republic of Lithuania with the intelligence required for the performance of their functions;
2) to notify in writing the state institutions to which intelligence institutions are accountable of the activities carried out by the intelligence institutions and of cooperation with foreign intelligence and security institutions, international organisations and institutions;
3) to ensure their own security and the protection of intelligence officers, covert human intelligence sources and their family members;
SECTION FOUR
GROUNDS FOR CARRYING OUT INTELLIGENCE AND
COUNTER-INTELLIGENCE ACTIVITIES;
COLLECTION, PROCESSING, USE AND PROVISION OF INTELLIGENCE
Article 10. Grounds for carrying out intelligence and counter-intelligence activities
1. Intelligence and counter-intelligence activities shall be carried out on the basis of intelligence tasks based on the intelligence needs and priorities approved by the State Defence Council.
2. The Minister of National Defence and the Director of the State Security Department shall set intelligence tasks for intelligence institutions under their authority based on the intelligence needs and priorities approved by the State Defence Council with a view to implementing the objectives of intelligence and counter-intelligence activities.
Article 11. General provisions on collecting intelligence
Intelligence shall be collected in the following ways:
Article 12. Collection of intelligence through intelligence methods
Intelligence methods and the procedure, time limits and conditions for their application shall be established by the Government.
Article 13. Collection of intelligence in the course of performing court-sanctioned actions
1. Under a reasoned ruling of a regional court, the following actions may be carried out:
1) monitoring and recording of the content of information transmitted by electronic communications networks, correspondence and other personal communications;
5) monitoring and recording of funds, cash flows, securities, electronic and other means of payment, as well as any other financial operations
6) obtaining information from financial undertakings and credit institutions, as well as from other legal persons, about the economic and financial operations carried out by natural and/or legal persons and about the financial and/or payment instruments used prior to the submission of the application for such information to court.
2. The actions referred to in Article 13(1) of this Law and based on reasoned applications of heads of intelligence institutions or their authorised deputies shall be sanctioned by a reasoned ruling of a regional court passed by a judge authorised by the president of the said court.
3. An application to a regional court by heads of intelligence institutions or their authorised deputies shall include the following information:
1) the data on natural persons (name, surname, and personal number), legal persons (address of the registered office and registration number) or objects (description thereof) that will be subject to such actions;
3) the data on the terminal equipment to be used to transmit information (identification number, name and/or location of the terminal equipment), for purposes of control the content of information transmitted by electronic communications networks;
5) the duration of the action or the scope and period of the requested information, for action referred to in Article 13(1)(6) of this Law;
4. Where the terminal equipment used, under a reasoned court ruling, for covert monitoring and recording of information transmitted by electronic communications networks, is changed or where it is established that a person uses also other terminal equipment for transmission of information, the control and recording of the information which is transmitted by other terminal equipment used by the same person shall begin and shall be carried out upon notification, by the head of an intelligence institution, of a regional court which has sanctioned the control of information transmitted by electronic communications networks. Upon receipt of information from the intelligence institution, the regional court shall authorise the control of terminal equipment or require to terminate such actions. The regional court shall immediately adopt a decision and notify the intelligence institution thereof.
5. A ruling authorising the actions referred to Article 13(1) of this Law must include the following information:
1) the head or authorised deputy (name, surname, position) of the intelligence institution which has filed the application;
2) the data on natural persons (name, surname, and personal number) or legal persons (address of the registered office and registration number) or objects (description thereof) that will be subject to such actions;
5) the duration of the authorised actions or the scope and period of the information to be obtained, where authorisation concerns the action referred to in Article 13(1)(6) of this Law;
6. The duration of the actions referred to in points 1 to 5 of Article 13(1) of this Law may not exceed six months. When necessary, the duration of these actions may be extended for a further period of up to three months. The number of extensions shall not be restricted. Every time before extending its authorisation for court-sanctioned actions for a further period of three months, a regional court shall assess the validity of the application for the extension.
7. Intelligence institutions shall have the right to refer to any regional court for sanctioning the actions referred to in Article 13(1) of this Law. Where the court refuses to sanction the actions, intelligence institutions shall be prohibited from referring to another regional court for sanctioning the same actions.
8. Where the judge referred to in Article 13(2) of this Law decides against sanctioning the actions referred to in Article 13(1) of this Law or decides against extending the time limit for carrying out these actions, the ruling of the judge may be appealed against to the president of the regional court within seven days from the date of receipt of the ruling. The president of the regional court must examine the appeal and issue a ruling thereon not later than within seven days from the date of receipt of the appeal. The decision of the president of the regional court shall be final.
Article 14. Collection of intelligence from state and departmental registers, information systems and databases
1. In performing the objectives assigned to them, intelligence institutions shall have the right to obtain the data required for their activities from state and departmental registers, information systems and databases.
2. State and municipal institutions, agencies, enterprises, organisations, and other legal persons performing the functions delegated by the State must, under individual arrangements, provide conditions for intelligence institutions to use, free of charge, the state and departmental registers, information systems and databases managed by them, as well as submit to the intelligence institutions, free of charge, the information accumulated, stored and/or processed in the state and departmental registers, information systems or databases managed by them, where such information is required by the intelligence institutions for reaching the objectives assigned to them.
3. Data from the state and departmental registers, information systems and databases managed by national and municipal institutions, agencies, enterprises, organisations and other legal persons performing the functions delegated by the State shall be supplied in the manner laid down in the Law of the Republic of Lithuania on Management of State Information Resources or by providing intelligence institutions with regularly updated extracts from the state and departmental registers, information systems or databases, where it is necessary to ensure the security of activities of the intelligence institutions.
Article 15. Obtaining data from persons
1. In reaching the objectives assigned to them, intelligence institutions may, by a reasoned letter of heads of the respective institutions or authorised intelligence officers, request persons to provide the data required for the activities of intelligence institutions.
2. Where a person fails or refuses to submit the requested data within a time limit indicated by an intelligence institution, intelligence institutions shall have the right to request any regional court to impose an obligation on the person to provide the data required for reaching the objectives of the intelligence institutions. The ruling of the regional courts may be appealed against to the Lithuanian Court of Appeal within seven days from the delivery of the ruling. The Court of Appeal of Lithuania must examine the appeal and issue a ruling thereon not later than within seven days from the receipt of the appeal by the Court. The ruling of the Court of Appeal of Lithuania shall enter into force on the day of adoption thereof and shall not be subject to appeal.
Article 16. Processing of intelligence
1. Intelligence institutions shall process intelligence in accordance with the procedure laid down in this Law and other legal acts solely for the purposes laid down in this Law and for the performance of the objectives assigned to them. Should this Law conflict with other laws in terms of processing of intelligence, the provisions of this Law shall apply.
2. The intelligence collected in the course of the activities of intelligence institutions shall be processed so as to prevent unlawful or ungrounded disclosure of sources of intelligence and to prevent violation of rights or legitimate interests of persons cooperating with the intelligence institutions.
Article 161. Personal data processing for national security or defence purposes
1. In carrying out the activities provided for in this Law, intelligence institutions shall process personal data collected for national security or defence purposes. For these purposes, intelligence institutions shall also be entitled to process special categories of personal data.
2. For the purposes referred to in Article 161(1) of this Law, personal data shall be processed in accordance with the Law of the Republic of Lithuania on Legal Protection of Personal Data Processed for the Purposes of Prevention, Investigation, Detection or Prosecution of Criminal Acts or the Execution of Criminal Penalties, or the National Security or Defence (hereinafter: the ‘Law on Personal Data Processed for Law Enforcement or National Security Purposes’) and this Law.
3. While processing data, intelligence institutions must, to the extent possible, make a clear distinction between the data of different categories of data subjects. This requirement shall apply to the processing of personal data of the following categories of data subjects:
1) persons whose actions may endanger or threaten the national security of the Republic of Lithuania, the interests of the State, national defence capabilities and economic power;
2) persons whose data processing is necessary for assessing the information on risks, dangers and threats to the national security, national interests, national defence capabilities and economic power of the Republic of Lithuania;
3) persons holding or applying for an authorisation to handle or have access to information comprising a state or official secret;
4) persons whose data are provided by the law enforcement, intelligence and security institutions of the Republic of Lithuania or foreign countries;
4. The provision to data subjects of the information referred to in Articles 11(2), 14(5), and 30(1) of the Law on Personal Data Processed for Law Enforcement or for National Security Purposes may be delayed, restricted or withheld. Likewise, the rights of data subjects, referred to in Articles 12, 14(1), 14(2), 14(2) and 14(3) of the Law on Personal Data Processed for Law Enforcement or National Security Purposes, to access personal data, to request the rectification or erasure thereof or restriction of the processing of personal data may be restricted in whole or in part, to the extent and for as long as necessary and proportionate, in cases where the provision of information to, or the exercise of the rights of, the data subject referred to in this paragraph may lead to the disclosure of the methods and means of activities of intelligence institutions and their operational tactics, and/or may affect the activities of intelligence institutions. Intelligence institutions shall assess on a case-by-case basis and in accordance with the procedure laid down by the head of the intelligence institution whether the rights of data subjects referred to in this paragraph must be restricted, in whole or in part, shall record in writing, including in electronic form, the factual or legal grounds underlying the decision to restrict those rights, and, where appropriate, shall make this information available to the entities referred to in Article 161(5) of this Law upon their request.
5. Acts or omissions of intelligence institutions related to the processing of personal data for national security or defence purposes in possible violation of the provisions of this Law or of the Law on Personal Data Processed for Law Enforcement Purposes or for National Security Purposes may be appealed against to court in accordance with the procedure laid down in the Law of the Republic of Lithuania on Administrative Proceedings; the person concerned shall have the right to apply to the Intelligence Ombudsperson in accordance with the procedure laid down by the Law of the Republic of Lithuania on Intelligence Ombudspersons.
Article 17. Use of intelligence
1. Intelligence institutions shall use intelligence solely to implement the objectives assigned thereto and only for the purposes for which it has been collected.
2. Intelligence institutions may initiate a criminal intelligence investigation on the basis of the intelligence obtained, where they obtain data on the criminal acts provided for in Articles 114, 118, 119, 121, 122, 124, 125, 126, 296 and 297 of the Criminal Code of the Republic of Lithuania and this data is insufficient to initiate pre-trial investigation.
3. A decision to initiate a criminal intelligence investigation shall be taken by the head of an intelligence institution in accordance with the procedure laid down by internal legal acts of the intelligence institution. Upon initiation of a criminal intelligence investigation, collection of intelligence on a specific natural or legal person shall immediately be terminated.
4. The criminal intelligence investigation referred to in Article 17(2) of this Law shall be conducted in accordance with the procedure laid down in the Law of the Republic of Lithuania on Criminal Intelligence, and the data collected during the investigation may be used in accordance with the procedure laid down in the Law on Criminal Intelligence. Once a criminal intelligence investigation has begun, the provisions of this Law shall no longer apply.
5. The institutions responsible for ensuring national security of the Republic of Lithuania and other state institutions entrusted with intelligence shall have the right to use the said intelligence for the following purposes:
Article 18. Provision of intelligence
2. Intelligence institutions shall provide intelligence to:
1) institutions in charge of ensuring the national security of the Republic of Lithuania and other state institutions in accordance with the intelligence needs and priorities approved by the State Defence Council;
2) institutions in charge of ensuring national security of the Republic of Lithuania and other state institutions insofar as the intelligence concerns the risks, dangers and threats that remain outside the scope of the needs and priorities approved by the State Defence Council yet may affect the country’s sovereignty, territorial integrity, inviolability, constitutional order, national interests, defence capabilities, economic power, and implementation of the foreign policy of the Republic of Lithuania;
3. Subject to individual requests, intelligence institutions shall be entitled to provide intelligence to the following institutions:
1) institutions ensuring national security of the Republic of Lithuania and other state institutions, where the requested information relates to the direct functions thereof and may be relevant for the activities of those institutions;
2) international organisations and institutions and foreign competent authorities, where international treaties or agreements provide for the possibility of providing the said information;
4. The Director of the State Security Department, Director of the Second Investigation Department or the persons authorised by them shall be in charge of making the decision on whether or not to provide any intelligence subject to individual requests.
5. Provision of intelligence shall be denied in the following cases:
1) the application to provide intelligence fails to include the reasons for the request and the purpose of the use of such information;
2) provision of intelligence to an international organisation, an intelligence institution or a competent authority of a foreign state may prejudice the interests of national security or foreign policy;
Article 19. Coordination of activities of intelligence institutions
1. The activities of intelligence institutions shall be coordinated by the State Defence Council. The functions of the Council shall include the following:
Article 20. General principles for the control of the activities of intelligence institutions
1. The head of an intelligence institution shall report annually to the State Defence Council on the activities of the intelligence institution under his leadership, and shall submit draft strategies on the activities of the intelligence institution according to the areas of activities of the intelligence institution.
2. The persons exercising control over the activities of intelligence institutions must hold an authorisation to handle or access the information comprising a state secret and marked as ‘Top Secret’.
3. Any data which might reveal the identity of classified intelligence officers or covert human intelligence sources and reveal the methods, means and tactics employed by intelligence institutions as well as undermine the activities of the intelligence institutions shall not be disclosed for purposes of executing control over intelligence institutions.
Article 21. Parliamentary scrutiny of intelligence institutions
1. Parliamentary scrutiny of intelligence institutions shall be exercised by a Seimas committee specified by the Statute of the Seimas in accordance with the procedure laid down in the Statute of the Seimas.
2. The Seimas Committee shall carry out the following functions:
1) monitor compliance of intelligence institutions and intelligence officers with the laws and other legal acts of the Republic of Lithuania in carrying out the tasks assigned to them;
2) consider complaints by individuals about the actions of intelligence institutions and intelligence officers;
3) draw up proposals for improving the legal acts relating to the activities of intelligence institutions and protection of human rights in the course of intelligence and counter-intelligence activities;
3. The Seimas Committee shall have the right to receive and consider the following:
4) oral and written explanations by heads and officers of intelligence institutions and reports on the implementation of laws and other legal acts of the Republic of Lithuania;
4. The head of an intelligence institution shall submit annually, in accordance with the procedure laid down in the Statute of the Seimas, a report on the activities of the institution under his leadership.
Article 221. Independent external scrutiny of intelligence institutions
1. Independent external scrutiny of intelligence institutions shall be exercised by intelligence ombudsmen in accordance with the procedure laid down in the Law on Intelligence Ombudsmen.
Article 22. Government scrutiny of intelligence institutions
1. The Government shall exercise scrutiny over intelligence institutions within the remit established by the Constitution and laws of the Republic of Lithuania.
2. The Government shall:
1) in accordance with the intelligence needs and priorities approved by the State Defence Council, provide intelligence institutions with the intelligence needs required to ensure national security;
3. Intelligence institutions shall submit to the Prime Minister an annual assessment of risks, dangers and threats to national security and to the interests of the State and a report on the areas of their activities. The annual assessment of risks, dangers and threats to national security and to the interests of the State and the report shall be submitted prior to the preparation of the Government report on the status and development of national security. The Prime Minister may forward the assessment and the report by the intelligence institutions to individual ministers in accordance with their scope of competence.
Article 23. Examination of complaints against the actions of intelligence officers carrying out intelligence and counter-intelligence activities
Complaints filed by natural and legal persons regarding actions of intelligence institutions and/or intelligence officers that violate human rights or freedoms in the conduct of intelligence and counter-intelligence activities shall be examined by intelligence ombudsmen in accordance with the procedure established in the Law on Intelligence Ombudsmen.
Article 24. Internal control of intelligence institutions
1. With a view to ensuring the legitimacy, economy, efficiency, effectiveness and transparency of the activities of an intelligence institution, the head of the intelligence institution, in organising the internal control of the intelligence institution at the institution under his leadership, shall carry out the following tasks:
1) establish control divisions under his direct authority, which carry out an assessment of activities, management, conformity, information systems of the intelligence institution and other types of assessment as part of verification and assessment of the activities of the intelligence institution;
2. Intelligence institutions shall provide a Seimas Committee, twice a year or at a specific request of this Committee, with systematic statistical information on the results of internal control, as well as on the official internal investigations in progress, staff administration, structure and other information related to internal control.
Article 25. Audit and financial control of intelligence institutions
1. The audit and financial control of intelligence institutions shall be carried out in accordance with the procedures laid down by laws and other legal acts.
2. Heads of intelligence institutions shall, in accordance with the minimum requirements for financial control approved by the Government or an institution authorised by it, establish and supervise a mechanism of financial control at the institutions under their leadership and adopt the rules on financial control.
Article 26. Provision of information on intelligence institutions to the public
1. Intelligence institutions shall publish annual unclassified activity reports and national threat assessments of areas falling within their remit.
Article 27. Intelligence institutions
1. The State Security Department shall be a legal person funded from the State Budget. It shall have its own bank accounts and a seal bearing the coat of arms of the State of Lithuania and the inscription ‘Republic of Lithuania. State Security Department’.
2. The Second Investigation Department shall be a legal person funded from the State Budget. It shall have bank accounts and a seal bearing the Lithuanian state emblem and the inscription ‘Republic of Lithuania. Second Investigation Department under the Ministry of National Defence’. Upon introduction of martial law or in the event of armed defence against aggression in wartime, the Second Investigation Department shall become part of the armed forces and defend the State.
3. Intelligence institutions shall have their flags, badges, medals and other insignia. Manufacturing of flags, badges, medals and other insignia of intelligence institutions in cases other than those commissioned by the intelligence institutions shall be prohibited. The intelligence institutions shall have the exclusive right of disposal and use of these flags, badges, medals and other insignia.
4. Flags, badges, medals and other insignia of intelligence institutions shall be approved by the heads of these institutions.
Article 28. Structure of intelligence institutions
2. The Director of the State Security Department shall approve the regulations, structure and the list of positions of the State Security Department.
3. The Minister of National Defence shall approve the regulations and structure of the Second Investigation Department, the list of positions, the maximum allowable number of intelligence officers and employees working under employment contracts (hereinafter: ‘employees’), as well as the annual threshold number of servicemen and senior officers, generals and admirals of each rank.
Article 29. Personnel of intelligence institutions
1. The personnel of intelligence institutions shall consist of the following:
2. The working conditions of the employees of the intelligence institution shall be set out in the Labour Code of the Republic of Lithuania (hereinafter: the ‘Labour Code’) and other legal acts governing employment relationships, unless this Law provides otherwise.
3. The servicemen serving in the Second Investigation Department shall have the status of servicemen as provided for in the Law of the Republic of Lithuania on the Organisation of the National Defence System and Military Service (hereinafter: the ‘Law on the Organisation of the National Defence System and Military Service’). The provisions of Articles 32 and 33, Article 34(4), Articles 39, 40, 41, 48 and 49, Article 50(6), 51(1) and (2), Article 54(2) and Article 64 shall apply to them in full, whereas other provisions of this Law shall apply to servicemen in professional military service (hereinafter: ‘serviceman’) in so far as their status is not specified by the legal acts governing professional military service.
Article 30. Positions of intelligence officers
The list of positions of intelligence officers shall include the following positions:
Article 31. Management of intelligence institutions
2. The following officers of the State Security Department shall be appointed and dismissed by the President of the Republic:
3. The following officers of the Second Investigation Department shall be appointed and dismissed by the Minister of National Defence:
4. Persons with at least five years of experience in management may be appointed as Director and Deputy Directors of an intelligence institution.
5. The Director and Deputy Directors of an intelligence institution as well as Chairs and Deputy Chairs of Boards shall be appointed for a five-year period. Persons may be re-appointed to these positions for a five-year period; they may not, however, hold the same position for more than ten consecutive years.
6. The Director of an intelligence institution shall:
3) under the established procedure, submit draft laws and other draft legal acts to the state institutions with the right of legislative initiative;
4) approve the regulations of structural units of the intelligence institution and the staff regulations of intelligence officers and employees;
5) recruit/employ and dismiss intelligence officers and employees; decide on their transfer to another position, secondment, suspension and other matters related to their legal status and course of service/employment;
6) confer service grades to intelligence officers, with the exception of the grades conferred by the President of the Republic or the Minister of National Defence;
7. In the event of a temporary absence of the Director of an intelligence institution:
1) at the State Security Department, a Deputy Director authorised by the Director of the State Security Department shall act as Director of the Department;
Article 32. Requirements for persons recruited/employed at an intelligence institution
1. A person shall be recruited/employed at an intelligence institution on a voluntary basis and in accordance with the principle of selection.
2. Any person recruited/employed at an intelligence institution shall meet the following main requirements:
3) age threshold: from at least 18 to not more than 50 years of age (with the exception of the persons employed under employment contracts);
6) conformity with the requirements for issuing an authorisation to handle or have access to classified information, where the position involves the use of classified information;
3. A person may not be considered to be of good repute in the following cases:
3) past removal or dismissal from civil service or the office of a judge, prosecutor, advocate, advocate’s assistant, notary, court bailiff, bailiff and bailiff's assistant for professional misconduct or misconduct in office or upon the loss of confidence, provided less than five years have passed since the day of dismissal;
4) former staff or reserve membership of the USSR State Security Committee (NKVD, NKGB, MGB, KGB) subject to restrictions under the Law of the Republic of Lithuania on the Assessment of the USSR State Security Committee (NKVD, NKGB, MGB, KGB) and the Current Activities of the Staff Members of this Organisation;
4. Any person recruited/employed at an intelligence institution shall be subject to the following educational requirements:
2) specialists and senior specialists shall have acquired higher college-level education, post secondary education, or special secondary education completed before 1995;
5. For certain positions of intelligence officers, the head of an intelligence institution may set additional requirements on education, knowledge of foreign languages, work experience, intellectual, physical and practical abilities, as well as on moral and psychological suitability to perform the duties of an intelligence officer.
Article 33. Restrictions on recruitment/employment at an intelligence institution
An intelligence institution may not recruit/employ the following persons:
2) persons who have refused to take the oath of allegiance to the State of Lithuania or have breached the oath sworn to the State of Lithuania;
6) persons whose spouses, close relatives or in-laws are recruited/employed at an intelligence institution and whose employment would bring them into direct subordination to their spouses, close relatives or in-laws;
Article 34. Selection of persons for service/employment at an intelligence institution
1. Persons shall be recruited for service/employed at an intelligence institution in accordance with the general selection procedure set out by the Director of the State Security Department and the Minister of National Defence with a view to assessing whether a person is suitable for service/employment at the intelligence institution. The selection procedure may involve a psychological test or and other capacity assessment.
2. A person applying for a position at an intelligence institution must submit an application for recruitment for service/employment at the intelligence institution, personal information and information on personal connections and interests, a written consent to the verification of personal information, and other information set out in the description of the selection procedure.
3. A person applying for a position at an intelligence institution shall be referred for medical examination to a health care institution in accordance with the procedure laid down by the Government or an institution authorised by it.
4. Polygraph testing may be used to verify the suitability of a person for recruitment for service/employment at an intelligence institution.
Article 35. Oath of intelligence officers
1. An intelligence officer shall take an oath of allegiance to the State of Lithuania before assuming office at the intelligence institution.
2. An intelligence officer shall be entitled to choose one of the following texts of the oath:
1) ‘I, (name, surname), without any reservations, do solemnly swear that I will
faithfully serve the State of Lithuania,
defend the State of Lithuania, its freedom and independence,
conscientiously observe the Constitution of the Republic of Lithuania, laws, and orders of senior officers,
keep all the secrets entrusted to me, and
act in a way to protect, at all times and places, the good repute of an intelligence officer.
So help me God.’;
2) ‘I, (name, surname), without any reservations, do solemnly swear that I will
faithfully serve the State of Lithuania,
defend the State of Lithuania, its freedom and independence,
conscientiously observe the Constitution of the Republic of Lithuania, laws, and orders of senior officers,
keep all the secrets entrusted to me, and
act in a way to protect, at all times and places, the good repute of an intelligence officer.’
3. Upon swearing the oath of allegiance, an intelligence officer shall sign the text of the oath. The signed text of the oath shall be kept in the intelligence officer's personal file.
4. The oath of the Director of the State Security Department shall be administered by the President of the Republic, while the oath of the Director of the Second Investigation Department shall be administered by the Minister of National Defence. The oath of other intelligence officers shall be administered by the head of an intelligence institution or an intelligence officer authorised by the head of an intelligence institution.
Article 36. Recruitment for service/employment and probationary period at an intelligence institution
1. Persons other than those appointed by a decree of the President of the Republic and by order of the Minister of National Defence shall be recruited for service/employed at an intelligence institution and appointed to the office by order of the head of the intelligence institution.
2. Persons recruited as intelligence officers shall be subject to a probationary period not exceeding 12 months which starts to run from the day on which intelligence officers are recruited for service at the intelligence institution. The period of leave and temporary incapacity shall not be included in the probationary period.
3. A decision on the application (non-application) of a probationary period and determination of the duration thereof shall be taken by the head of the intelligence institution.
4. During the probationary period, the head of the intelligence institution shall have the right to terminate an intelligence officer’s service contract concluded with the intelligence officer and dismiss him from service without specifying the reasons for the dismissal.
Article 37. Contracts of persons recruited for service/employed at an intelligence institution
1. Intelligence officers shall serve at an intelligence institution under intelligence officers’ service contracts. The form of an intelligence officer’s service contract shall be set out by this Law (Annex).
2. Intelligence officers’ service contracts shall not be concluded with directors and deputy directors of intelligence institutions.
3. Conclusion of service contracts of intelligence officers and appointment thereof shall be the responsibility of the head of an intelligence institution.
4. Employment contracts with employees shall be concluded in accordance with the procedure laid down in the Labour Code.
Article 38. Restoring the status of an intelligence officer
1. Restoration of the status of an intelligence officer through reinstating the intelligence officer, in accordance with the procedure laid down by heads of intelligence institutions, in the former position or, where this is impossible, through reinstating the intelligence officer in another intelligence officer’s position at the intelligence institution shall be applicable to former intelligence officers in the following cases:
1) relief from office at own request and appointment for work at an international institution or an institution of a foreign state;
2. The status of an intelligence officer may be restored within three months after the end of employment at an international institution or an institution of a foreign state, within three months after the end of the spouse’s posting period, or within three months of the date on which an application for restoration of the status of an intelligence officer was filed, provided that such an application is filed before the expiry of the spouse’s posting period.
Article 39. Official ID cards and badges
1. An intelligence officer shall be issued an official ID card and a badge subsequent to appointment/employment.
Article 40. Prohibitions and restrictions applicable to intelligence officers
1. An intelligence officer shall be prohibited from:
2) holding membership of an organisation which is prohibited in accordance with the procedure laid down by law;
3) participating in meetings or other public actions of political parties and political organisations which express political views or political demands or directly support a political party or a political organisation;
4) making political statements, giving speeches, and publishing articles expressing disapproval of policies announced and pursued by a democratically elected State Government, publicly raising political demands to the State Government;
5) owning a private or public legal person, holding membership of a general partnership or a limited partnership, being appointed/elected as member of governing bodies, and being the founder and stakeholder of a legal person;
6) being employed by private or public legal persons under employment or civil contracts, whether remunerated or not, and receiving other remuneration, with the exception of the cases when the intelligence officer is employed or is remunerated in the interests of the intelligence institution;
8) receiving income from immovable and movable property, funds, securities, member shares and related transactions, where this is of commercial nature;
14) using service hours, property and opportunities provided by the service for purposes other than those related to the service;
2. An intelligence officer may not visit foreign states or territories affected by armed conflict, or other foreign states or territories, for purposes other than those related to the service, where the presence of the intelligence officer therein may threaten the national security or interests of the Republic of Lithuania. The procedure for visiting foreign states by intelligence officers and lists of foreign states or territories which intelligence officers may not visit shall be approved by the head of an intelligence institution.
3. Subject to approval of the head of an intelligence institution, an intelligence officer shall be entitled to do the following:
1) engage in creative activities leading to outcomes that comply with the Law of the Republic of Lithuania on Copyright and Related Rights and engage in teaching activities;
Article 41. Guarantees of the activities of intelligence officers
1. Without the consent of the head of an intelligence institution, intelligence officers may not be brought in or detained; their personal effects, personal or official means of transport and premises may not be subject to search or inspection, with the exception of the cases when an intelligence officer is detained red-handed. In such a case, the institution which detained the intelligence officer must notify the head of the intelligence institution and the Prosecutor General thereof not later than within 12 hours.
2. The decision on instituting criminal proceedings in respect of a criminal act committed by an intelligence officer shall be taken by the Prosecutor General.
3. In order to ensure the protection of intelligence officers and their family members, measures may be applied as laid down in the Law of the Republic of Lithuania on the Protection of Participants in Criminal Proceedings and Criminal Intelligence Activities and Officials of Justice and Law Enforcement Institutions against Criminal Influence.
4. The State shall provide support and assistance to intelligence officers and their family members harmed for reasons related to service at an intelligence institution. The State shall compensate to intelligence officers or their family members for the damage resulting from service at the intelligence institution. The procedure for compensating for damage shall be laid down by the Government.
5. An intelligence officer may appear in judicial proceedings only as a witness, who shall be subject to anonymity or partial anonymity in accordance with the procedure laid down by laws.
6. Individuals who, in their capacity as intelligence officers and in the performance of their official duties, may have committed a violation of law due by overstepping the threshold of service-related risk, as a result of which they are suspected or accused of having committed a criminal act or are subject of an action or a complaint (request/application), shall be reimbursed by the intelligence authority for the costs of legal services, in full or in part. The reimbursement shall be granted in accordance with the procedure laid down by the head of an intelligence institution.
Article 42. Performance appraisal of intelligence officers
1. The performance of intelligence officers shall be appraised every 12 months, and also where suitability of an intelligence officer for service at an intelligence institution is assessed.
2. An intelligence officer’s performance appraisal document must include the description of the officer’s personal characteristics, conduct, qualifications, and ability to perform the functions assigned, and provide conclusions and recommendations.
3. The performance of an intelligence officer shall be appraised by the immediate superior and the next superior officer.
4. The results of the performance appraisal shall be made available to the intelligence officer, who shall be entitled to appeal not later than within 14 calendar days.
5. An appeal shall be considered by a commission set up by the head of the intelligence institution. The Commission shall adopt a decision on the validity of the appeal within 14 calendar days of receipt of the appeal. The decision of the Commission may be appealed in court in accordance with the procedure laid down by legal acts.
Article 43. Training and upskilling of intelligence officers
1. Training and upskilling of intelligence officers shall be organised and implemented by intelligence institutions and educational, training and other establishments in Lithuania and abroad.
2. The head of an intelligence institution shall approve the programmes for training and upskilling of intelligence officers and establish procedures for the selection and referral for training and upskilling.
3. The intelligence officers referred for training or upskilling shall, over the entire duration of their training or upskilling, retain the positions, the basic pay, and the same conditions of logistics support.
4. The conditions of logistics support of intelligence officers referred for training or upskilling shall be established by the Government or an institution authorised by it.
5. Where intelligence officers are expelled from an educational, training or another establishment to which they were referred for training or upskilling, terminate the service contract prior to the expiry of the term of service under the contract, or are dismissed from service on the grounds set out in Article 53(1), (2), (3), (4), (5), (7), (8), (9), (10) and (11), they must compensate for the expenses related to their training or upskilling over the past three years. The expenses shall not be reimbursed where the intelligence officer is unable to continue service due to illness or lost work capacity or for the irremediable reasons which are beyond the control of the intelligence officer and which have been acknowledged by the head of an intelligence institution as valid.
Article 44. Reserve of intelligence officers
1. The reserve of intelligence officers (hereinafter: the ‘reserve’) shall be formed at an intelligence institution. Intelligence officers may be transferred to the reserve when appointed to other Lithuanian, foreign or international institutions, agencies, undertakings and organisations, as well as when engaged in other lawful activities and specific official assignments by intelligence institutions.
2. Intelligence officers transferred to the reserve shall not receive any basic pay and other service-related benefits.
3. The period during which an intelligence officer remains in the reserve shall be included in the length of service.
4. An uninterrupted stay of an intelligence officer in the reserve may not exceed five years. For exigencies of the service, this period may be extended; however, the total duration of staying in the reserve may not exceed ten years over the entire period of service.
5. An intelligence officer may remain in the reserve not longer than until reaching he attains old-age retirement age.
Article 45. Service hours and duration of service at intelligence institutions
1. Intelligence officers shall serve at an intelligence institution until they reach 55 years of age.
2. Taking into account the needs of an intelligence institution and the request from an intelligence officer, the head of the intelligence institution may extend the period of service until the intelligence officer reaches the old-age retirement age.
3. The daily and aggregated weekly service hours of intelligence officers shall not be limited and shall depend on the needs of the service; however, intelligence officers shall be entitled to minimum daily and weekly uninterrupted rest periods as established by law.
Article 46. Length of service of intelligence officers
The commencement of an intelligence officer's service at an intelligence institution shall be deemed the commencement of the length of service of the intelligence officer. The length of service of intelligence officers used for calculating the bonus for the length of service set out in Article 64 of this Law and for determining the duration of leave set out in Article 65 of this Law shall also include the length of professional military service or service in statutory civil service acquired since 11 March 1990.
Article 47. Declaration of assets, income and private interests of intelligence officers
1. Intelligence officers shall declare their property, income and private interests to an intelligence institution in accordance with the procedure laid down by legal acts. Declarations of assets, income and private interests shall be kept by the intelligence institution.
Article 48. Means and circumstances of the use of coercion
1. An intelligence officer shall have the right to use coercion only in cases of official necessity and only to the extent necessary for the performance of official duties. The use of coercion by the intelligence officer must be appropriate to the existing circumstances and proportionate to the risk involved, taking into account the specific situation, the nature, and the intensity of the offence and individual characteristics of the offender. Physical coercion shall only be used where mental coercion has been ineffective or where any delay endangers the life or health of the intelligence officer or of another person.
2. Intelligence officers shall have the right to use coercion in the following cases:
2) to compel persons to obey when persons avoid complying with lawful orders or instructions of intelligence officers and to detain persons if they resist;
3) to foil attempts against structures, including premises, of intelligence institutions, service firearms, special means, classified official documents, vehicles, means of communication or other property;
4) to enter territories, premises or means of transport which, according to the data available, might be the hideout for persons who may have committed administrative offences or criminal acts;
3. An intelligence officer who detains a person who has committed an administrative offence or a criminal act must hand the perpetrator over to the police.
4. An intelligence officer shall have the right to employ service firearms as a special means by firing the projectiles included in the specifications of special means, where the effect of the said projectiles is designed to pose no immediate risk to life of both the targeted person and other persons.
5. Where there is no imminent threat to the life or health of intelligence officers or other persons, the use of physical coercion shall be prohibited against the following:
6. An intelligence officer who has used mental or physical coercion and has thereby put the life and health of another person in danger must provide the person with the necessary emergency medical aid or other necessary assistance and take other necessary measures to eliminate the dangerous consequences of his actions. The use by an intelligence officer of physical or mental coercion resulting in death or health impairment shall be immediately reported to the head of an intelligence institution and a prosecutor.
7. Intelligence officers must undergo specialized training and regular check-ups to determine whether they are capable of acting in situations involving the use of mental or physical coercion. The procedure for training and check-up of intelligence officers shall be laid down by the Government.
Article 49. Use of service firearms
1. A service firearm may only be used in exceptional cases, where this is strictly necessary and where mental or physical coercion has proved ineffective, or where there is an imminent threat to human life or health.
2. Intelligence officers shall have the right to use firearms against persons in the following cases:
1) to defend themselves or other persons against a criminal attempt initiated or posing an immediate danger to life or health;
2) to foil armed attacks on structures, including premises of intelligence institutions; territories or vehicles of intelligence institutions;
3) to apprehend a person who may have committed a criminal act, where there is an imminent threat to the life or health of intelligence officers or any other persons;
3. Intelligence officers shall have the right to use a service firearm against an animal, vessel, aircraft or vehicle without directly putting human lives into danger, where there is an imminent threat to the life or health of intelligence officers or any other persons.
4. Intelligence officers intending to use their service firearms must give a verbal warning of such intent, giving the targeted person an opportunity to comply with lawful orders, with the exception of cases where a delay poses an imminent threat to the life or health of intelligence officers or any other person, or where giving such a warning is impracticable.
5. Intelligence officers shall have the right to fire their service firearms in order to give an alarm signal or to call for help, where necessary, without endangering the values protected by law.
6. Where there is no imminent threat to life or health of intelligence officers or other persons, the use of a service firearm shall be prohibited in the following locations:
1) public gathering places, where this may result in harm to bystanders, except in the case referred to in paragraph 2(1) of this Article;
7. Intelligence officers who has used a service firearm and thereby put human life or health into danger must provide the person with the necessary emergency medical aid or other necessary assistance and take other necessary measures to eliminate the dangerous consequences of their actions. The use of a service firearm by an intelligence officer resulting in death or health impairment shall be reported to the head of an intelligence institution and a prosecutor.
Article 50. Transfer of intelligence officers to another position
1. Intelligence officers may be transferred to an equivalent position in any division of the intelligence institution by decision of the head of an intelligence institution. Such transfer shall not be subject to consent from the intelligence officer concerned.
2. Intelligence officers may be promoted:
3. Intelligence officers may be downgraded:
2) as a result of structural reorganisation of the intelligence institution, where there is no possibility of transfer to another position;
4. Intelligence officers may be transferred between intelligence institutions by agreement of the heads of the institutions concerned. Such transfer shall be subject to consent from the intelligence officer concerned.
5. Depending on the need for relevant specialists, intelligence officers may be temporarily transferred by order of the head of the intelligence institution to diplomatic missions, consular posts and missions of the Republic of Lithuania to international organisations or special missions, international and European Union institutions or foreign institutions, as well as to foreign or international military or defence institutions and military units deployed for international operations.
6. Where there is official necessity and where the matter has been coordinated between the heads of state or municipal institutions or agencies, intelligence officers may, by order of the head of an intelligence institution, be temporarily transferred, with their written consent, from an intelligence institution to a career civil service position at another state or municipal institution or agency for a period of up to three years, provided the intelligence officers meet the general requirements for recruitment to the civil service laid down in the Law on Civil Service as well as the specific requirements laid down in the description of the position to which they are transferred. Where there is official necessity, the time limit may be extended for up to two years subject to coordination by heads of state or municipal institutions or agencies. The period of transfer of an intelligence officer to the position of a career civil servant shall be counted towards the length of service of the intelligence officer. An intelligence officer transferred to the position of a career civil servant on a temporary basis shall retain the military rank or service grade held prior to the transfer. During the period of transfer, the state or municipal institution or agency to which an intelligence officer has been transferred shall pay the intelligence officer at least the basic salary provided for in this Law, including bonuses for a military rank or service grade and the length of service, calculated on the basis of the basic salary coefficient set for the position of the intelligence officer prior to the transfer, and shall also provide all guarantees applicable to intelligence officers as laid down in this Law. An intelligence officer transferred to the position of a career civil servant on a temporary basis shall be subject to all prohibitions and restrictions imposed on intelligence officers by this Law, and upon the expiry of the transfer period, shall retain the position held before the transfer or shall receive another equivalent position of an intelligence officer.
Article 51. Temporary assignment to perform other duties
1. In the event of official necessity, the head of an intelligence institution may temporarily assign intelligence officers to a higher, equivalent or lower position corresponding to their qualification, without their consent and without transferring them to another position.
2. The uninterrupted period of temporary assignment of an intelligence officer referred to in paragraph 1 of this Article may not last more than one year.
3. Upon the assignment to perform duties of a higher position in accordance with the procedure laid down in paragraph 1 of this Article, an intelligence officer shall be paid the basic pay proportionate to the position assigned. Upon the assignment to perform duties of a lower or equivalent position, the intelligence officer shall be entitled to the basic pay to which the intelligence officer was eligible prior to the temporary assignment.
Article 52. Suspension of an intelligence officer
1. An intelligence officer may be suspended by decision of the head of an intelligence institution in the following cases:
2) the intelligence officer is suspected of having committed a criminal act or an administrative offence whereby the officer discredits the intelligence service;
Note from the Register of Legal Acts. The provisions of Article 52(1)(2) shall also apply in cases of administrative offences provided for in the Code of Administrative Offences of the Republic of Lithuania, as approved by Law No X-4449 of 1984.
2. Suspended intelligence officers shall return their official ID cards, material assets and documents received in discharge of their functions.
4. An intelligence officer may be suspended for a maximum period of three months. This period shall not include the periods of sick leave and annual leave.
5. Where the intelligence officer has not been found guilty of an administrative offence or a criminal act in accordance with the procedure laid down in the Code of Administrative Offences of the Republic of Lithuania or the Criminal Code of the Republic of Lithuania, and/or the official inspection establishes that the intelligence officer has not committed any official misconduct, the intelligence officer shall be reinstated and shall be paid the basic pay for the period of suspension.
Note from the Register of Legal Acts. The provisions of Article 52(5) shall also apply in cases of administrative offences provided for in the Code of Administrative Offences of the Republic of Lithuania, as approved by Law No X-4449 of 1984.
Article 53. Grounds for dismissal of intelligence officers
Intelligence officers shall be dismissed and their contracts terminated:
2) where it transpires that certain details/documents were concealed or false details/documents were submitted at the moment of their recruitment or that the intelligence officers provided knowingly incorrect information about themselves and/or their relations and interests, which otherwise would have prevented them from being recruited;
3) upon the entry into force of the court judgement whereby the intelligence officer is found guilty of a crime, or misdemeanour against the civil service and public interests, national defence service and government order;
9) where they are deprived, in accordance with the procedure established by laws, of the special rights related to the performance of their duties and there are no other positions corresponding to their qualification;
12) where it transpires that they are incapable to perform their duties due to their health condition confirmed by a medical conclusion, and it is not possible to transfer them to another position corresponding to their health condition;
13) where they are absent from work due to temporary incapacity for work for more than 120 calendar days in succession or for more than 140 calendar days over the past 12 months, unless the laws provide for a longer period for retaining the position in the case of certain illnesses, or unless absence from service is related to health impairment arising in the course of or in connection with the performance of their official duties;
14) where the position is abolished as a result of liquidation or reorganisation of the intelligence institution or the changes in the organisation of the service, and there is no vacant position corresponding to their qualifications or they refuse to be transferred to another position;
15) where they attain the age referred to in Article 45(1) of this Law, and the period of their service has not been extended or the period of extension has expired;
Article 54. Procedure and conditions for the dismissal of intelligence officers
1. Intelligence officers shall be dismissed and their service contracts shall be terminated by order of the head of an intelligence institution; this shall not apply to officials who are dismissed by decree of the President of the Republic or by order of the Minister of National Defence.
2. An intelligence officer who is dismissed shall be obliged to return, not later than on the day of dismissal, his service weapon, official ID card, official badge, documents, and other means of work received while on service at an intelligence institution.
3. An intelligence officer shall be dismissed and the service contract shall be terminated on the grounds referred to in Article 53(14) of this Law with at least two months’ notice. A pregnant woman (where the intelligence institution is liquidated), a single mother or single father raising a child (children) under the age of 14, as well as a person who will be entitled to a state pension of officers and servicemen in not more than five years must be issued a written four months’ notice of the intended dismissal.
4. An intelligence officer may not be dismissed on the grounds referred to in Article 53(14) of this Law during a sick leave, where the sick leave does not exceed 120 calendar days in succession.
5. A pregnant woman, a single mother or a single father raising a child under the age of three may not be dismissed from an intelligence institution in the absence of his or her fault, with the exception of the cases when the intelligence institution is liquidated.
6. An intelligence officer may be dismissed on the grounds referred to in Article 53(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (15) and (16) of this Law while on the annual leave or sick leave.
7. Diseased intelligence officers, intelligence officers declared dead in accordance with the procedure established by laws, and intelligence officers whose whereabouts are recognised unknown shall be removed from the lists of intelligence officers by order of the head of an intelligence institution.
Article 55. Dismissal of intelligence officers at their own request
1. Intelligence officers shall have the right to terminate the service voluntarily by submitting a request to the head of the intelligence institution at least 14 calendar days in advance. The intelligence officers shall be dismissed on the day specified in the request.
2. Where the head of the intelligence institution agrees, the intelligence officers may be dismissed or their contract may be terminated before the day referred to in paragraph 1 of this Article.
3. Intelligence officers shall have the right to withdraw their request to terminate the service voluntarily within a maximum of three working days from the date of the submission of the request.
Article 56. Dismissal of intelligence officers by agreement between the parties
Where an intelligence officer is dismissed by agreement between the parties, a written agreement shall be drawn up setting out the terms and conditions for the timing of the dismissal, the granting of or compensation for unused annual leave, the payment of a severance pay, which may not exceed the amount referred to in Article 68(1) of this Law, the reimbursement of the training and upskilling costs, and other terms and conditions.
Article 57. Incentives and awards for intelligence officers
1. Intelligence officers may be given the following incentives or awards for their exemplary service:
3) a cash payment in the amount of up to two basic salaries for their personal outstanding contribution to the achievement of the objectives set for an intelligence institution or for the results achieved;
2. Intelligence officers may be recommended for state awards for their outstanding merits in service with the institution.
3. Intelligence officers shall be given incentives and awards in accordance with the common procedure established by the Director of the State Security Department and the Minister of National Defence.
Article 58. Disciplinary penalties
The following disciplinary penalties shall be imposed on intelligence officers for official misconduct:
Article 59. Official misconduct
2. Serious official misconduct shall include:
1) intentional acts (acts or omissions) by an intelligence officer who uses the official position outside the interests of the service or contrary to laws or other legal acts, or for self-serving aims (misappropriation of property, funds, etc. or unlawful transfer thereof to other persons) or for other self-serving motives (revenge, envy, provision of unlawful services, etc.), as well as any acts of an intelligence officer committed in exceeding the conferred powers or by exercising discretion (abuse of office), provided there are no elements of a criminal act;
2) intentional or negligent nonfeasance or misfeasance of official duties provided for in the job description, as well as failure to perform or improper performance of a task given by a lawful order or assignment, provided there is no indication of a criminal act (official nonfeasance);
3) intentional or negligent offence committed in the performance of an unlawful task or assignment (performance of an unlawful task): an intelligence officer shall be exempt from liability, provided that, before or upon acting on an order or performing a task whose legality he or she doubts, the intelligence officer informs thereof, in accordance with the procedure laid down in the rules of procedure or internal rules, an officer senior to the officer who has issued the order or assignment, or the head of the intelligence institution, and provided the actions of the intelligence officer contain no elements of a criminal act;
4) being under the influence of alcohol, drugs, psychotropic or other psychoactive substances while on service;
6) intentional or negligent offence in violation of the rules for the handling of classified information, which govern the use and storage of classified information (breach of the rules for the handling of classified information), provided there are no elements of a criminal act;
7) intentional or negligent offence in violation of the procedure for the provision, return, carrying, storage and use of service firearms, and of the rules on the use of other items, mechanisms or equipment recognised as sources of greater risk (breach of the rules on the handling of the sources of greater risk);
8) giving a false explanation of official misconduct as well as coercing into giving a false explanation;
9) intentional or negligent offence in violation of the generally accepted moral and ethical standards, internal rules of procedure or the rules on the use of items, tools and equipment, where such offence has caused material damage to the property of the intelligence institution, provided there are no elements of a criminal act (inflicting material damage to property).
3. The following disciplinary penalties may be imposed for serious official misconduct:
5. Other types of official misconduct include breaches of the internal administrative rules, provided there are no elements of serious official misconduct.
6. The following disciplinary penalties may be imposed in cases of serious misconduct in office:
7. The following shall be considered as circumstances mitigating official liability:
4) commission of the misconduct in a state of extreme agitation caused by unlawful actions of the aggrieved person;
5) commission of official misconduct as a result of mental or physical coercion, provided that such coercion does not exclude liability;
8. The following shall be considered as circumstances aggravating official liability:
Article 60. Investigation of official misconduct and imposition of penalties
1. The procedure for investigating official misconduct shall be initiated at least within three working days after the head of an intelligence institution or the person authorised by the head of an intelligence institution receives information about the official misconduct allegedly committed by an intelligence officer. The procedure for investigating official misconduct shall consist of an assignment to carry out an inspection of official misconduct, carrying out of an inspection of official misconduct and imposition of a disciplinary penalty.
2. An inspection of official misconduct shall be conducted by intelligence officers authorised by the head of an intelligence institution.
3. An inspection of official misconduct shall be aimed at comprehensive, thorough and objective investigation into the official misconduct, establishment of the causes and conditions of the misconduct, and identification of persons responsible as well as at ensuring that only the persons responsible are held liable for such misconduct. Where possible, measures to reinforce discipline and prevent official misconduct must be put in place.
4. An inspection of official misconduct may not last longer than three months, excluding the period of absence of an intelligence officer due to sick leave or annual leave.
5. Where it transpires that official misconduct contains elements of a criminal act, the inspection of official misconduct shall be suspended and its findings shall be forwarded to the authority competent to investigate the criminal acts concerned. Where initiation of criminal proceedings is refused or the alleged perpetrator is exempted from criminal liability, the inspection of official misconduct shall continue in accordance with the procedure laid down in this Article.
6. A disciplinary penalty must be imposed not later than within one month from the date on which the official misconduct became known, excluding the period of absence of an intelligence officer due to sick leave or annual leave.
7. Upon the commencement of the inspection of official misconduct, the intelligence officer shall be required to provide a written explanation. The procedure of the inspection of the official misconduct shall continue even if the intelligence officer refuses to provide an explanation.
10. The head of an intelligence institution shall impose a disciplinary penalty taking into consideration the following:
11. The reduction in the basic pay may not exceed one third of the amount of the basic pay and may apply for a maximum of three months. The amount and period for the reduction in basic pay shall be determined by the head of an intelligence institution upon imposing the disciplinary penalty.
12. An intelligence officer shall be considered to have a clean record after the lapse of one year from the imposition of the penalty for official misconduct, with the exception of the penalty of dismissal.
13. A disciplinary penalty may be lifted before the expiry of the time limit referred to in paragraph 12 of this Article, but not earlier than six months after the date on which it was imposed.
14. Information about the disciplinary penalty imposed on an intelligence officer shall be recorded in his personal file.
15. The procedure for the inspection of official misconduct and the imposition or the lifting of disciplinary penalties shall be laid down by order of the head of an intelligence institution.
Article 61. Circumstances under which intelligence officers are subject to material liability
1. Intelligence officers who, by an unlawful act, whether intentionally or by negligence, cause direct real damage to the intelligence institution for which they serve shall be obliged to compensate for damage.
3. Intelligence officers shall be subject to no material liability, where the conditions laid down in Article 59(9) of this Law are met.
4. Circumstances excluding material liability shall be approved by the head of an intelligence institution by his order not to impose material liability on an intelligence officer.
5. The compensation for damage caused by intelligence officers to an intelligence institution as a result of negligence in the performance of their official duties may not exceed their three months’ basic pay.
6. Intelligence officers who have been appointed, in accordance with the procedure laid down by laws or other legal acts, on a permanent or temporary basis to perform duties or tasks related to the acceptance, transfer, storage, keeping accounts, management, disposal or handling of material assets, financial resources or other assets shall be subject to material liability for any damage caused to the intelligence institution by their fault, where they have accepted the financial resources, material assets or other assets, have embarked on keeping of the associated accounts, or have been authorised to take decisions relating to the management, handling or disposal of the said material assets, financial resources or other assets.
7. Irrespective of their position, intelligence officers shall be fully liable for damage caused to an intelligence institution by their fault in the following cases:
3) where the damage is caused by an intelligence officer under the influence of alcohol or narcotic, psychotropic or other psychoactive substances;
8. The procedure for the investigation into material damage and for the determination and compensation for damage shall be established by the head of an intelligence institution.
Article 62. Service grades and military ranks
2. The President of the Republic shall assign the first grade to the Director of the State Security Department and the second grade to his deputy directors at the time of their appointment. The President of the Republic shall assign the first grade to the Director of the Second Investigation Department and the second grade to his deputy directors at the time of their appointment.
3. Ranks of the servicemen at the Second Investigation Department shall be awarded in accordance with the requirements and procedure laid down in the Law on the Organisation of the National Defence System and Military Service and the orders of the Minister of National Defence.
4. Service grades shall not be assigned to intelligence officers who are subject to effective disciplinary penalties.
5. Intelligence officers shall be appointed to positions corresponding to their service grade. In individual cases and under specific terms and conditions laid down by the head of an intelligence institution, an intelligence officer may be appointed to a position of the next higher service grade. Where no positions of appropriate service grade are available, the head of the intelligence institution may appoint an intelligence officer to a position of the preceding lower service grade for a period of up to one year.
Article 63. Correlation between positions, military ranks and service grades of intelligence officers
Intelligence officers shall receive the following military ranks and service grades corresponding to their positions:
1) Director shall receive the rank ranging from colonel/captain (navy) to brigadier general/rear admiral (lower half) or Grade 1;
3) Head of the Board and Deputy Head of the Board shall receive the rank of lieutenant colonel/commander or Grade 3;
4) Head of Unit shall receive the rank of major/lieutenant commander or Grade 4, lieutenant colonel/commander or Grade 3;
5) Deputy Head of Unit or Head of Sub-Unit shall receive the rank of major/lieutenant commander or Grade 4;
6) Chief Specialist shall receive the rank ranging from second lieutenant/ensign to major/lieutenant commander or from Grade 7 to Grade 4;
7) Senior Specialist shall receive the rank ranging from staff sergeant, staff sergeant specialist/chief petty officer, chief petty officer specialist to sergeant major/master chief petty officer or from Grade 12 to Grade 8;
8) Specialist shall receive the rank ranging from private/seaman apprentice to sergeant 1st class, sergeant specialist 1st class/petty officer 1st class, petty officer 1st class specialist or from Grade 15 to Grade 13;
Article 64. Basic pay and other service-related benefits of intelligence officers
1. The basic pay of intelligence officers shall consist of the basic salary, bonuses for a service grade or a military rank, a premium for the length of service and a bonus for the performance of functions of outstandingly specific nature.
2. The coefficients of the basic salary of intelligence officers or ranges thereof shall be laid down in the Law of the Republic of Lithuania on the Remuneration of State Politicians and State Officials. Where the Law on the Remuneration of State Politicians and State Officials lays down the a range of the basic salary coefficients, a specific basic salary coefficient for a position shall be set by the head of an intelligence institution who shall take into account the following criteria: the nature, associated danger and complexity of work activities, the competences required, the impact on the decision-making of the institution, and the level of responsibility.
3. The bonus to be paid to intelligence officers for a military rank shall be calculated on the basis of the basic salary coefficient set in accordance with paragraph 2 of this Article and shall amount to:
10) 12% for a staff sergeant, staff sergeant specialist/chief petty officer, chief petty officer specialist;
11) 10% for a sergeant 1st class, sergeant specialist 1st class/petty officer 1st class, petty officer 1st class specialist;
12) 8% for a sergeant, sergeant specialist/petty officer 2nd class, petty officer 2nd class specialist;
4. The bonus to be paid to intelligence officers for a service grade shall be calculated on the basis of the basic salary coefficient set in accordance with paragraph 2 of this Article and shall amount to:
5. The bonus to be paid to intelligence officers for the length of service shall be calculated based on the base amount of the basic salary and shall amount to:
6. An intelligence officer shall be paid a premium in the amount of up to 50% of the basic salary for the performance of functions of outstandingly specific nature. The list of functions of outstandingly specific nature and the amount of the premium corresponding to these functions shall be approved by joint order of the Director of the State Security Department and the Minister of National Defence of the Republic of Lithuania.
7. During the period of annual leave, intelligence officers shall be paid the average basic pay calculated pursuant to the procedure established by the Government.
8. Intelligence officers who have become temporarily incapacitated for work as a result of or in relation to the performance of their duties (where the person temporarily loses work capacity for reasons other than an accident on duty and other than on the way to/from the place of service) shall receive a compensation in accordance with the procedure established by the Government from the funds of the institution in the amount of the difference between their average basic pay and the sickness benefit paid.
9. Servicemen serving at the Second Investigation Department, except for the servicemen in military units of international operations, shall not be subject to the provisions of the Law on the Organisation of the National Defence System and Military Service on supplying servicemen with food and official living accommodation.
Article 641. Maintenance for intelligence officers during their service abroad
1. During their service abroad, intelligence officers shall be paid the basic pay provided for in this Law, including bonus for a military rank/service grade and bonus for the length of service. The basic pay shall be calculated on the basis of the basic pay coefficient set for the position held by the intelligence officer prior to the transfer, with the exception of the cases where the remuneration is paid by the host institution.
2. Intelligence officers temporarily transferred to serve in international and European Union institutions or foreign institutions shall receive maintenance in accordance with the conditions and the procedure governing secondment to international and EU institutions or foreign institutions.
3. Intelligence officers temporarily transferred to serve in diplomatic missions, consular posts and missions of the Republic of Lithuania to international organisations or special missions shall receive maintenance in accordance with the conditions and the procedure laid down in the legal acts governing diplomatic service.
4. Intelligence officers temporarily transferred to serve in foreign or international military or defence institutions shall receive maintenance in accordance with the conditions and the procedure laid down in paragraphs 5 to 21 of this Article.
5. In addition to the basic pay, intelligence officers temporarily transferred to serve in foreign or international military or defence institutions shall receive reimbursement for the expenses related to service abroad calculated on the basis of the coefficient of reimbursement for the expenses related to service abroad indicated in paragraph 6 of this Article, depending on the position of an intelligence officer, and a location-based cost-of-living allowance calculated based on coefficients established by the Government. For foreign states, where the coefficient is not established by the Government for the calculation of the location-based cost-of-living allowance, the coefficient of 1.2 shall apply. The unit value, in euros, of the coefficient of reimbursement for expenses related to the service abroad shall equal to the base amount of the basic salary (remuneration) of state politicians, judges, state officials, civil servants, and staff of state and municipal budgetary institutions of the Republic of Lithuania.
6. The following coefficients of reimbursement for expenses related to the service abroad shall apply:
7. An intelligence officer shall be entitled to the allowances and/or reimbursement provided for in paragraphs 8 to 14 and 21 of this Article for the spouse; minor children (including adopted), where they have not been emancipated or married; adult children (including adopted) under the age of 20 years, where they share a household with the intelligence officer, are not married and have not yet completed secondary education; minor children (including adopted) of the spouse, where their place of residence is established with the intelligence officer’s spouse and where they have not been emancipated or married; allowance for adult children (including adopted) under the age of 20 years, where their place of residence is established with the intelligence officer’s spouse, they share a household with the intelligence officer, are not married and have not yet completed secondary education; and allowance for minor dependants whose guardian or custodian is the intelligence officer and/or the spouse (for the purposes of this Article hereinafter collectively referred to as ‘family members’), who live abroad together with the intelligence officer.
8. Where an intelligence officer lives together with a spouse, the intelligence officer, in addition to the basic pay, shall be entitled to an allowance in the amount of 0.5 of the monthly reimbursement for the service abroad. The allowance shall not be paid where spouse of the intelligence officer receives income incidental to employment relations or relations that essentially correspond to employment relations.
9. Where an intelligence officer lives together with the intelligence officer’s children/foster children or children of the spouse as well as minor dependants, whereof the intelligence officer and/or the spouse are guardians or custodians, the intelligence officer, in addition to the basic pay, shall be entitled to an allowance in the amount of 0.2 of the monthly reimbursement received by the intelligence officer for expenses related to the service abroad, where the child (including adopted) or a minor dependant is under the age of six, and to a reimbursement in the amount of 0.3 of the monthly reimbursement received by the intelligence officer for expenses related to the service abroad, where the child (including adopted ) or a minor dependant is over the age of six.
10. Where an intelligence officer lives together with dependants (other than those referred to in paragraphs 8 and 9 of this Article) whereof the intelligence officer and/or the spouse are guardians or custodians, the intelligence officer, in addition to the basic pay, shall be entitled to an allowance in the amount of 0.25 of the monthly reimbursement received by the intelligence officer for expenses related to the service abroad for each dependant.
11. Where an intelligence officer lives together with his or her children (including adopted) or those of the spouse, as well as minor dependants whereof the intelligence officer and/or the spouse are guardians or custodians, the intelligence officer, in addition to the basic pay, shall be entitled to an allowance for pre-school education expenses, subject to proof of actual expenses and payable within the limits set by the Government.
12. Where children (including adopted) of an intelligence officer or the spouse as well as minor dependants whereof the intelligence officer and/or the spouse are guardians or custodians, live together with an intelligence officer and study under the general education curriculum, the intelligence officer, in addition to the basic pay, shall be entitled to an allowance for education-related expenses, subject to proof of actual expenses and payable within the limits set by the Government, until the children (including adopted) and minor dependants complete secondary education. The allowance referred to in this paragraph shall be paid from the moment children (including adopted) and dependants reach the age of six, but not longer than until they reach the age of 20.
13. Once transferred to serve in a foreign or international military or defence institution, an intelligence officer together with the family members shall be covered by health insurance. Health insurance costs shall be covered from the state budget appropriations allocated to the intelligence institution which has appointed the intelligence officer. In countries where health insurance is not available, the costs for personal health care of intelligence officers or their family members shall be covered from the state budget appropriations allocated to the respective intelligence institution. The health insurance and health care costs referred to in this paragraph shall be reimbursed jointly in accordance with the procedure established by the Minister of National Defence and the Director of the State Security Department, within the threshold for health insurance and health care costs established by the Government. Compulsory health insurance premiums, where they must be paid in compliance with Article 17(11) of the Law of the Republic of Lithuania on Health Insurance, shall also be paid for family members from the appropriations allocated to the respective intelligence institution.
14. An intelligence officer shall receive a monthly allowance to cover the cost of accommodation, utilities and communication costs appropriate to his position and the family size. In addition, an intelligence officer shall be entitled to a mobility allowance to cover the costs of moving together with the family members from the Republic of Lithuania to a foreign country, from a foreign country to the Republic of Lithuania, or from one foreign country to another foreign country, as well as a one-off relocation allowance in the amount set by the Government. The size of allowances for covering residential accommodation and utility and communications costs, the procedure for granting them, and the procedure for reimbursing the relocation costs, including expenses for transportation of personal cargo, coverable within the limits established by the Government, shall be established by the appropriation manager of an intelligence institution. No housing allowance shall be paid where the intelligence officer is provided with official living accommodation in the country of destination. In this case, the utility and communication costs shall be covered in accordance with the procedure laid down by the appropriation manager of the intelligence institution.
15. Where official premises are not provided to an intelligence officer transferred to serve in a foreign or international military or defence institution, the intelligence officer shall be paid for the rent of the premises and for their utility and communication costs. The annual rent, utility and communication costs of the rented premises shall be established for a year by the appropriation manager of the intelligence institution.
16. An intelligence officer using a private car for service purposes shall be reimbursed for fuel costs and wear and tear. The amount, terms and conditions for reimbursement of coverable expenses, the procedure for the reimbursement of car rental or operating lease expenses where the car is used for service purposes, as well as the list of positions, holders of which are entitled to rent a car, shall be laid down by the manager of appropriations of the intelligence institution. The amount of reimbursable expenses may not exceed 0.39 of the average monthly gross earnings of the national economy, as last published by Statistics Lithuania.
Note from the Register of Legal Acts. The provisions of Article 641(16) shall apply when Statistics Lithuania publishes the average monthly gross earnings of the national economy for the first quarter of 2019. Until Statistics Lithuania publishes the average monthly gross earnings of the national economy for the first quarter of 2019, the maximum amount of reimbursable expenses shall be set at 0.5 of the last published average monthly gross earnings of the national economy.
17. Intelligence officers receiving a salary and/or a daily allowance from foreign or international military or defence institutions shall not be entitled to reimbursement referred to in paragraph 5 of this Article.
18. The allowances provided for in paragraphs 8, 9, and 10 of this Article and payable to intelligence officers shall be calculated on the basis of the coefficient of reimbursement for expenses related to the service abroad laid down in paragraph 6 of this Article, which depends on the position of the intelligence officer and the coefficient for the location-based cost-of-living allowance.
19. Where coefficients for the location-based cost-of-living allowance in foreign cities in have not been established by the Government, the appropriation manager of an intelligence institution shall have the right to set the coefficients for the location-based cost-of-living allowance that are up to 50 per cent lower than the coefficients for the location-based cost-of-living allowance established for that foreign country. This shall be done in view of the specificities of the city where the intelligence officer is temporarily transferred to work, the difference in the standard of living and the changes in the market prices of the rent of immovable property (where coefficients are established for several cities in that foreign country, coefficients may be set lower by up to 50 per cent shall be established compared to the highest coefficient of the local standard of living established for the city of that foreign country).
20. Taking into account the economic situation of the Republic of Lithuania, fluctuations in currency rates, the specificities of the foreign state or city in which the intelligence officer is transferred to work, the difference in the standard of living, and the changes in the market prices of rent of immovable property, the appropriation manager of an intelligence institution shall have the right to temporarily, but not more than once per quarter, increase/reduce by 30 per cent the ceiling on health insurance costs and the coefficients for the location-based cost-of-living allowance.
21. Once a year, starting from the day on which an intelligence officer was transferred to serve in a foreign or international military or defence institution, the travel costs to and from the Republic of Lithuania for an intelligence officer and his or her family members living with him or her and the travel costs to and from the place of transfer of an intelligence officer for family members living separately shall be subject to reimbursement in accordance with the procedure laid down by the appropriation manager of the intelligence institution.
Article 65. Leave entitlement for intelligence officers
1. The duration of annual leave for intelligence officers shall be determined on the basis of the length of service of intelligence officers. An intelligence officer shall be entitled to:
2. Intelligence officers may take annual leave in whole or in parts; the duration of one of the uninterrupted parts of the leave, however, may not be less than 14 calendar days. Annual leave shall be granted for a year of service at the intelligence institution.
3. The unused part of annual leave for the previous year of service shall be granted to an intelligence officer before the end of the current year of service.
4. An intelligence officer may be recalled from the annual leave in the event of official necessity. Such recalling shall not be subject to consent from the intelligence officer concerned.
5. Intelligence officers may be granted the following types of special leave:
6. Maternity leave and paternity leave shall be provided to intelligence officers according to the procedure laid down in the Labour Code.
7. Childcare leave shall be granted to intelligence officers according to the procedure laid down by the Labour Code, but not longer than they reach the age indicated in Article 45(1) of this Law, provided that the term of service is not extended or the period of extension expires. An intelligence officer may return to work before the end of the leave by giving at least 14 calendar days’ notice to the head of the intelligence institution.
8. The conditions of and procedure for the granting and payment of the educational leave of intelligence officers shall be established by the head of an intelligence institution.
9. Relocation leave of up to five calendar days may be granted to an intelligence officer who changes the place of residence as a result of appointment to another or assignment to perform other duties on a temporary basis.
10. Intelligence officers who were engaged in the performance of tasks under the conditions of an increased degree of danger are eligible to up to 15 calendar days’ paid leave for preventive rehabilitation depending on the type and duration of the tasks performed. The procedure for granting leave for preventive rehabilitation shall be laid down by the head of an intelligence institution.
11. Intelligence officers may, in accordance with the procedure laid down by the head of an intelligence institution, be granted unpaid leave of up to 15 calendar days exclusively for special personal or family reasons.
12. The periods of annual and special leave shall be included in the length of service of an intelligence officer.
Article 66. State social insurance of intelligence officers
1. Intelligence officers shall be covered with all types of social insurance specified in the Law of the Republic of Lithuania on State Social Insurance. The procedure for and the conditions of insurance coverage shall be laid down by the legal acts governing specific types of social insurance.
Article 67. Health promotion for intelligence officers
1. Healthcare shall be provided to intelligence officers in personal healthcare and public healthcare institutions of the national health system, as well as in healthcare institutions under the authority of the Minister of National Defence. The scope of and specific requirements for health promotion activities for intelligence officers in healthcare institutions under the authority of the Minister of National Defence shall be established by the Minister of National Defence and the Minister of Health, while the their implementation conditions shall be established by the Minister of National Defence.
Article 68. Severance pay for intelligence officers dismissed from service
1. An intelligence officer dismissed for reasons laid down in Article 53(12), (13), (14) and (15) of this Law shall be paid a severance pay twice the amount of his monthly average basic pay.
2. The severance pay laid down in paragraph 1 of this Article shall be increased by one-and-a-half times for intelligence officers with more than 5 years of service, twice for intelligence officers with more than 10 years of service and by three times for intelligence officers with more than 20 years of service.
Article 69. Compensations in the event of intelligence officer’s death or health impairment
1. In the event of the death of intelligence officers as a result of their service in an intelligence institution, their family; their minor children (including adopted); their children (including adopted) under the age of 24 years enrolled in full-time studies in educational institutions registered in accordance with the established procedure; their spouses; their children born after their death; their parents; their dependants incapacitated for work or entitled to maintenance on the date of their death shall be paid, within one year of the death of the intelligence officer, a one-off compensation in equal instalments in the amount of 93.1 monthly basic pays, reduced by the amount of the lump sum social insurance benefit payable on the death of the insured person as provided for in the Law of the Republic of Lithuania on Social Insurance of Occupational Accidents and Occupational Diseases.
2. Where intelligence officers are declared missing or dead, they shall be considered to have been declared missing or dead for the reasons of their service, unless proven otherwise, and their family members referred to in paragraph 1 of this Article, and dependants incapacitated for work or entitled to their maintenance on the date they were declared missing or dead, shall, from the date the intelligence officers were declared missing or dead, receive a monthly compensation, paid in equal parts, in the amount of the average basic pay of the intelligence officers not exceeding the amount equal to their monthly basic pay for 93.1 months.
3. Intelligence officers whose health has been impaired in the performance of official duties, or as a result of the performance of official duties, or by reason of them being intelligence officers shall be paid a compensation equal to the following amount of their average basic pay, reduced by the amount of the one-off compensation for loss of work capacity or by the amount of the periodic compensation for loss of work capacity payable not longer than for a period of 12 months, as provided for in the Law on Social Insurance of Occupational Accidents and Occupational Diseases:
5) average basic pay for 18.62 months in the event of serious health impairment with lasting effects and a decreased degree of fitness for service, as determined 12 months after the recovery;
6) average basic pay for 13.97 months in the event of less serious health impairment with lasting effects and a decreased degree of fitness for service, as determined 6 months after the recovery;
4. The degree of severity of health impairment and working capacity of an intelligence officer shall be determined by the Government or an institution authorised by it in accordance with the procedure laid down by legal acts.
5. The determination of whether the death or health impairment of an intelligence officer is related to service shall be made in accordance with the procedures laid down by the Head of the Intelligence Institution.
6. The compensations referred to in this Article shall not be paid in the following cases:
1) death or health impairment of an intelligence officer in the course of committing a criminal act;
2) death or health impairment of an intelligence officer caused by intoxication with alcohol, narcotic, psychotropic or other psychoactive substances unrelated to the performance of official duties;
4) killing, death or health impairment of an intelligence officer during a road traffic accident, where the intelligence officer was driving a vehicle for the reasons other than the performance of official duties and with no entitlement to drive it, or allowed the vehicle to be driven by a person intoxicated with alcohol, narcotic, psychotropic or other psychoactive substances or having no entitlement to drive the vehicle;
5) killing, death or health impairment of an intelligence officer caused by an illness unrelated to the performance of official duties;
7. An intelligence officer who received a compensation under paragraphs 3(5–7) of this Article and whose work capacity is subsequently determined to have decreased as a result of the same health impairment shall additionally receive the difference between the compensation paid under paragraphs 3(5– 7) of this Article and the compensation referred to in paragraphs 3(1–4) of this Article, taking into account the level of work capacity of the intelligence officer.
8. The amount of the payable compensation shall be calculated on the basis of the average basic pay of the killed or aggrieved intelligence officer.
9. Intelligence officers who die or are killed in service at an intelligence institution shall be buried at public expense. The Government shall determine the amount of state-funded funeral expenses to be covered and the description of expenses of the state-funded funerals of intelligence officers who die or are killed in service at an intelligence institution.
10. The State shall bear, in accordance with the conditions and procedure established by the Government, the expenses for the repatriation to the Republic of Lithuania of the body of an intelligence officer deceased or killed while in service abroad, as well as repatriation expenses of persons who had lived abroad with the deceased intelligence officer, including spouses; minor non-emancipated and unmarried children (including adopted); adult unmarried children (including adopted) under the age of 20 years, who had shared a household with the intelligence officer and had not yet completed secondary education; minor non-emancipated and unmarried children (including adopted) of the spouse, whose place of residence is established with the intelligence officer’s spouse; unmarried adult children(including adopted) under the age of 20 years, whose place of residence had been established with the intelligence officer’s spouse and who had shared a household with the intelligence officer and have not yet completed secondary education; and dependants for whom the intelligence officer and/or the spouse has been appointed as guardian or custodian.
Article 70. Other benefits and guarantees of intelligence officers
1. An allowance in the amount of up to five minimum monthly wages may be granted to intelligence officers in financial difficulty owing to their own illness, illness or death of their family member, a natural disaster, loss of property, as well as in other extraordinary cases.
2. An allowance in the amount of one monthly average basic pay shall be paid to the family of a deceased intelligence officer upon the intelligence officer’s death with the exception of the death of an intelligence officer resulting from the service at an intelligence institution.
3. A person may also be recruited for service at an intelligence institution or allowed to continue the service regardless of unsatisfactory medical screening results, where this is required in the interests of the service for serious reasons acknowledged by the head of the intelligence institution.
Article 71. Special social benefits of intelligence officers and covert human intelligence sources
Special social benefits of intelligence officers and covert human intelligence sources shall be established by the Government.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS
Annex
Law on Intelligence Activities
of the Republic of Lithuania
INTELLIGENCE OFFICER’S SERVICE CONTRACT No
____________________
(date)
____________________
(place)
The intelligence institution represented by _________________________________________
(name, surname and position)
__________________________________________________________________________ ,
acting in accordance with______________________________________________________ ,
(legal act authorising the undersigned person to sign the contract)
and citizen of the Republic of Lithuania ___________________________________________
___________________________________________________________________________
(name, surname and personal number)
(hereinafter: the ‘intelligence officer’), pursuant to Article 37(1) of the Law on Intelligence, have entered into the following intelligence officer’s service contract:
2. The intelligence officer is subject to _______________________________________
(period of up to 12 months if applicable)
probationary period.
3. The intelligence officer is appointed to a position, transferred to another position or dismissed under the conditions and procedure laid down in the Law on Intelligence and other legal acts.
4. The intelligence officer undertakes to serve at the intelligence institution under the conditions and procedure laid down by laws and other legal acts for a minimum period of five years from the date of signature of this contract.
5. The contract enters into force and the person becomes an intelligence officer upon appointment to a particular position at the intelligence institution and swearing an oath of allegiance to the State of Lithuania.
6. The contract may be terminated on the grounds and under the conditions laid down in the Law on Intelligence.
7. Additional contract terms and conditions:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
8. Disputes arising from the contract will be settled in accordance with the procedure laid down by the laws of the Republic of Lithuania.
9. This contract is drawn up in duplicate; one copy is kept at the intelligence institution and the other is handed over to the intelligence officer.
For the intelligence institution____________________________________ Intelligence officer
| _________________ (name, surname and position) _________________ /signature/ |
_________________ (name and surname) _________________ /signature/ |
L.S.
The intelligence officer is appointed by Order No ________ of ___________________
(date)
Contract terminated on ___________________________________________________
___________________________________________________________________________
(grounds for dismissal, date and number of the order of dismissal and date of contract termination)