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Lideika, Petrauskas, Valiūnas & Partners
On 8 February 2002 the Ministers of the Environment, Health Care, Agriculture and the General Director of the Statistics Department by Order No 52/77/44/30 approved the Procedure for Submission, Collection, Accumulation and Further Dissemination of Information about Chemical Substances and Preparations which are Manufactured in, Imported to, Exported from, and Used in Production in the Republic of Lithuania, Their Characteristics, Possible Impact on Human Health and Surroundings. The Procedure establishes in respect of what chemical substances and preparations manufactured, imported, exported, used in production or other commercial activities, and what kind of information should be collected by manufacturers, importers, exporters, distributors (disseminators) and professional users, and should be provided to governmental authorities; also to determine the ways, forms and extent of submission of information, and further dissemination of such information. The procedure will not apply to: (1) waste; (2) cosmetic products; (3) foodstuffs, alcohol and tobacco products; (4) narcotic and psychotropic substances; (5) fodder; (6) radioactive substances and waste; (7) explosives and pyrotechnic products; (8) medications and veterinary preparations. The Procedure will come into effect as of 1 January 2003.
On 15 January 2002 the Seimas adopted Law No IX- 707 on Amending and Supplementing of Articles 142-2, 142- 4, 153, 165-2, 224, 259-1, 268, 320 of the Code of Administrative Violations of Law and Supplementing of the Code by Articles 152-1, 152-2, 153-5, 153-6, 153-7, 153-8, 153-9, 246. By this law, liability for failure by vehicle drivers carrying passengers and cargo to observe working and leisure-time regime was restricted. The law also provides for the liability for infringements of law in the field of telecommunications (noncompliance with permissible norms for radio interference, noncompliance with permissible limits of characteristics of radiation of radio-electronic equipment, non-observance of the conditions of agreements on interconnection of telecommunication networks or the procedure for interconnection of telecommunication networks, breach of regulations on joint usage of pipelines, cable channels, collectors, towers, masts, non-fulfilment of decisions of the communications regulatory authority concerning interconnection of telecommunication networks or joint usage of pipelines, cable channels, collectors, towers and masts, non- observance of the upper limit of prices and tariffs for telecommunication services, failure to observe the national telephone communication numbering plan or arbitrary usage of numbers).
On 15 February 2002 the Government by Resolution No 239 approved the Procedure for Waiver of Credit Claims Arising from Monetary Obligations, Deferral of Fulfilment Terms and Substitution of a Monetary Obligation with Another Obligation in Cases when Restructuring Proceedings are Instituted Against the Enterprise, a Going-Bankrupt Enterprise is in Rehabilitation Process or Enters into a Settlement Agreement. This Procedure shall be applied in cases when state institutions, as creditors of enterprises undergoing bankruptcy or restructuring, resolve that for such enterprises, it is expedient in socio-economic respect or for other objective circumstances to give concessions - to defer the term of fulfilment of the credit claim, substitute a monetary obligation with another obligation (satisfy such requirement of the creditor in any other prescribed form) or waive the credit claim.
On 14 February 2002 The Bank of Lithuania adopted Resolution No 21 On Book-Keeping in Credit Institutions. The resolution establishes that the book-keeping in the Commercial Bank, Central Credit Union and a branch (division) of a foreign bank operating in Lithuania shall be managed by the chief accountant (accountant). The accounting service (structural unit) managed by the chief accountant (accountant) may be set up in the Commercial Bank, Central Credit Union and a branch (division) of a foreign bank operating in the Republic of Lithuania. The accounting in the Credit Union may be delegated to enterprises providing accounting services under agreement. On 14 February 2002 the Bank of Lithuania by Resolution No 22 approved the Minimum Requirements for Information Disclosed to the Public. Minimum requirements for information disclosed to the public (i.e. depositors, creditors, investors, analysts and other interested participants of the market) encompass the procedure for public disclosure of information about activities of commercial banks and branches (divisions) of foreign banks operating in Lithuania, requirements for the policy, contents and regularity of disclosure of bank-related information, and defines the role of the Bank of Lithuania in informing the public about the state of banks, Central Credit Union and credit unions (hereinafter - credit institutions) as well as the entire system of credit institutions. Banks should elaborate and approve the policy of disclosure of information to the public within one month from the day of enforcement of this resolution.
On 17 January 2002 the Board of the Bank of Lithuania by Resolution No 3 partially amended and approved new wording of its 21 January 1999 Resolution No 7 On Approval of General Regulations for Subordinated Loans.
On 25 January 2002 the Seimas adopted Law No IX- 737 on Amendment of Articles 7(1), 32, 35, 282, 284, 290 of the Criminal Code, Supplementing of the Code by Articles 11(1), 22(1), 32(1), 32(2), 302(2) and Recognition of Articles 319, 320 as Null and Void. Following these amendments and supplements, criminal liability may be also applied to legal persons for the following criminal acts: taking of bribes (Article 282), bribery (Article 284) and money laundering (Article 326). A legal person shall be liable for the criminal acts of an individual when an individual has committed criminal acts for the benefit of a legal person or in the interests of the latter acting individually or in the name of the legal person, provided he/ she, while in the post of the manager of the legal person, was entitled to: (1) represent such legal person or (2) take decisions on behalf of such legal person, or (3) control the activities of such legal person. Further, a legal person may be liable for the criminal acts in cases when such acts were committed by an employee or authorised representative of a legal person for the benefit of such legal person by virtue of insufficient supervision or control of the person in managing position. The following penalties may be imposed on a legal person for a committed crime: (1) fine; (2) seizure of property; (3) limitation of a legal persons activities; (4) liquidation of a legal person. No more than two penalties may be imposed for one crime. The law came into effect as of 13 February 2002.
On 25 January 2002 the Seimas adopted Law No IX- 738 on Amendment of Articles 22(2), 37, 440 of the Code of Criminal Procedure and Supplementing the Code by Articles 22(6), 22 (7) and Section Thirteen. Section 13, which has supplemented the Code of Criminal Procedure, establishes the order of process in cases pertaining to crimes committed by legal persons. The law came into effect as of 13 February 2002.
Please be informed that conforming to the National Telephone Communication Numbering Plan, approved by the Communications Regulatory Authority as of 1 March 2002 the new code of Vilnius city and the fax number of Vilnius office is as follows: (+370 5) 212 55 91.
On 22 January 2002 the Seimas adopted Law No IX- 720 on Amendment of the Environment Pollution Tax. Under these amendments, all types of packages, tyres, batteries, mercury lamps, voltaic cells, internal-combustion engine fuel filters, internal-combustion engine air intake filters and car hydraulic (oil) shock absorbers will be taxed for pollution of the environment by product waste. This law will come into effect as of 1 January 2003.
On 24 January 2002 Law No IX-728 on Sugar Tax was adopted. Until enforcement of this law, tax on sugar will be regulated by the Law on Excise Duties. The law governs the procedure for payment of tax on sugar, including sugar contained in products (according to the list approved by the Government), the control thereof and liability for infringement of this law. Tax on sugar shall be paid by the following natural and legal persons of the Republic of Lithuania and foreign countries: 1) manufacturers and importers of sugar; 2) manufacturers and importers of products containing sugar which under this law is the object of the sugar tax; 3) persons who sell sugar the tax on which has not been paid yet. The law will come into effect as of 1 July 2002 and will be valid until the day of accession of the Republic of Lithuania to the European Union.
On 11 February 2002 the Minister of Finance by Order No 40 approved the Procedure for Proving Bad Debts and Efforts to Recover such Debts, and Calculation of Amounts of Bad Debts. A taxpayer is entitled to consider debts as bad debts if: (1) the taxpayer cannot recover them after at least one year after inclusion of the amount of debts in the income of the taxpayer or - until enforcement of the Law on Profit Tax of the Republic of Lithuania - in the sales income (revenues) and reflection thereof in the balance-sheet, and in cases when the taxpayer acknowledges income under the principle of money accounting or - until enforcement of the Law on Profit Tax of the Republic of Lithuania - acknowledged income at the moment of actual receipt thereof at least one year after the moment of recording the appearance of debts in the taxpayers accounting documents and accounting registers and reflection thereof in the balance-sheet if the taxpayer must draw it in the procedure prescribed by legal acts; or (2) the debtor is dead or declared dead; or 3) the debtor is liquidated; or (4) the debtor is bankrupt.
On 18 February 2002 the director of the Communications Regulatory Authority by Order No 19 approved the Compulsory Requirements for Interconnection of Telecommunication Networks and General Conditions of Telecommunication Network Interconnection Agreements.
On 18 February 2002 the director of the Communications Regulatory Authority by Order No 20 approved the Rules of Joint Usage of Pipelines, Cable Channels, Collectors, Towers and Masts by Telecommunication Operators.
On 20 February 2002 the director of the Communications Regulatory Authority by Order No 22 partially amended its 20 June 2001 Order No 7 Concerning Section 1 Rules of Rendering of General Fixed Telephone Communication Services of the Rules of Rendering of Telecommunication Services.
On 20 February 2002 the director of the Communications Regulatory Authority by Order No 23 approved a Model Agreement on Rendering of General Fixed Telephone Communication Services.
On 15 February 2002 the Government by Resolution No 234 approved the Procedure for Temporary Export of Goods from the Republic of Lithuania for Processing. The procedure regulates temporary export of the Lithuanian goods and goods temporarily imported for processing, as well as compensated products obtained after operations with goods temporarily imported for processing in order to perform their processing operations within the determined term, re-import of the products obtained after above operations and issue thereof for free circulation, without full or partial taxation thereof by import duties and taxes, also temporary export of goods for processing subject to the system of standard substitution of goods. This Procedure will come into effect as of 1 April 2002.