Citation(s) from the GunPolicy.org literature library
Lithuania. 2010 ‘Brokering.’ National Report of Lithuania on its Implementation of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UNPoA); Chapter 2 (Section 8), p. 12. New York, NY: Permanent Mission of Lithuania to the United Nations. 31 January
Relevant contents
Brokering
Under Lithuanian legislation brokering is defined as: "The negotiations conducted, the arrangement and execution of the transactions by the natural and legal persons resident or registered in the Republic of Lithuania and by subsidiaries of foreign legal persons and other organisations under which the goods included in the Common List of Military Equipment can be transferred outside the territory of the Republic of Lithuania, the territory of another Member State of the European Union or a non-Member state to any other non-Member state." (Article 3(8) LCSG)
Licensing of brokering activities in Lithuania was regulated for the first time in 2002 through LCA. Article 25 contains provisions for brokering activities and obliges brokers to register at the Police Department. A brokering certificate is then issued to the brokers. In March 2008, there were 23 registered brokers in Lithuania.
Since 1 August 2004 LSCG provides that brokers must posses an individual brokering license from the Ministry of Economy for each individual intermediary deal involving items from the Common List of Military Equipment. The procedure for issuing brokering licenses is essentially the same as in the case of
exports.
Starting from 5 June 2008, arms brokers have to obtain a separate permit from the Police Department for each individual intermediary deal in arms of Categories B, C and D, their parts, accessories and ammunition (Article 25(5) LCA). The procedure for issuing permit on brokering is the same as in the case of issuing permit to export arms of Categories B, C and D.
The registered brokers must report once a year to the Police Department on the parties of the transactions, their addresses as well as on weapon types and quantities brokered.
Brokers are required to keep records of their transactions for 10 years. Data on arms brokers is kept in the digital database within the Police Department.
Lithuanian legislation foresees both administrative penalties and imprisonment for violation of brokering activities.
Under Article 253(1) of the PC, brokering for transfer of military equipment into the country outside the EU without the required permit is punishable by prohibition to engage into certain kind of work or activities, fine or imprisonment for up to 3 years. According to Articles 253(1) and 43 of the PC, legal entity can be sanctioned by a fine, restriction on the activities or coercive liquidation.
Under Article 199 of the PC ("Contraband through State border"), smuggling of arms is punishable to up to 10 years imprisonment.
Administrative sanctions are applied for a broker, who violates the rules of arms trade, arms record keeping or order of arms storage or carrying. Fine of up to 600 LTL (approx. 175 EUR) is foreseen (CAO, Articles 165, 196 and 196¹), as well as revocation of broker's registration. Export of strategic goods and
technologies without a licence is fined up to 10 000 LTL (approx. 2900 EUR) (CAO, Article 1899).
Registration of brokers may be cancelled by the Police Department if broker engages in brokering activities with entities, which have no right to buy, import or export arms or when a territorial police institution submits a justified report that the broker has acted in breach of legal requirements.
[LCA = Law on the Control of Arms; LCSG = Law on the Control of Strategic Goods]
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