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2016-08-25  What should be done if unfulfilled customs obligations and unpaid fines resulted in a prohibition of entering the Republic of Lithuania

If aliens did not fulfil customs obligations in due time or did not pay the fine(s) imposed according to the procedure established by the laws of the Republic of Lithuania in a timely manner, they may be faced with problems: they may be prohibited from entering the Republic of Lithuania for a period of up to 5 years. The simplest way to avoid these problems is to fulfil customs obligations according to the procedure stipulated in the legal acts of the Republic of Lithuania in due time and to pay the fine(s) imposed according to the procedure established by the laws of the Republic of Lithuania in a timely manner. 

However, even if an alien is already prohibited from coming to the Republic of Lithuania due to the aforementioned reasons, the alien should fulfil the customs obligations and (or) pay the fine(s) because this is also the basis for cancelling the prohibition for the alien to come to the Republic of Lithuania according to a decision of the Migration Department under the Ministry of the Interior of the Republic of Lithuania (hereinafter referred to as the Migration Department). 

Thus, an alien intending to come to the Republic of Lithuania who is prohibited from coming to the Republic of Lithuania because the alien did not fulfil the customs obligations in due time or did not pay the fine(s) in a timely manner, should: 

  1. Fulfil the customs obligations and (or) pay the fine(s). However, it is important to remember that tax arrears, which are specified in the decisions of the Migration Department on prohibiting the alien from coming to the Republic of Lithuania and which were the cause of the prohibition, are not final because late charges are continuously accrued on unpaid customs duties and taxes. Therefore, the alien should address all inquiries related to the payment of customs duties, excise duties, VAT and late charges to the Tax Accounting and Collection Unit in Kaunas Territorial Customs Office (telephone: (+ 370 37) 304 250, (+ 370 37) 304 251, e-mail: ktm_mais@lrmuitine.lt), questions regarding other customs obligations and (or) unpaid fines should be addressed to the territorial customs office (Vilnius Territorial Customs Office, telephone: (8 5) 235 6214; Kaunas Territorial Customs Office, telephone: (8 37) 304 243, (8 37) 304 242; Klaipėda Territorial Customs Office, telephone: (8 46) 390 011), and questions regarding other unpaid fine(s) - to the institution(s) which has (have) imposed the fine(s);
  2. After fulfilling the customs obligations and (or) paying the fine(s), submit a well-reasoned written application for having the data on the alien removed from the National List of Persons who are Prohibited from Entering the Republic of Lithuania (hereinafter referred to as the list of undesirable persons) to the Migration Department (Sapiegos Str. 1, Vilnius, LT-10312, e-mail: md.rastine@vrm.lt). It is important to know that the following general requirements are imposed on the application:
    • The application may be submitted directly when a representative of the alien comes to the Migration Department, it may be sent by mail or by courier or via electronic means (if it is possible to identify the alien);
    • In the application, the alien must not only specify his/her name, surname, place of residence and contact information, but also put his/her signature. If the application is submitted by the alien’s representative, he/she shall specify his/her name, surname, address or other contact information to be able to receive a reply, shall provide a document confirming representation and specify the name and surname of the alien on whose behalf he/she applies; the representative shall also put his/her signature;
    • When the alien sends the application by mail or by courier, a copy of a personal identification document of the alien (e.g., a passport for travel abroad) shall be added to the application. If the application is sent by mail or courier by the alien’s representative, copies of the representative’s personal identification document and the document confirming representation shall be attached to the application (the alien’s representative shall present his/her personal identification document and the document confirming representation or a copy thereof even when the representative delivers the application to the Migration Department personally). Where the document confirming representation was issued in a foreign country (except for documents issued in the Republic of Estonia, the Republic of Latvia, the Republic of Moldova, the Russian Federation, Ukraine), this document must be legalised or certified by an apostille according to the procedure stipulated by the Government of the Republic of Lithuania;
    • Where the application is sent to the Migration Department electronically (e.g., by e-mail), it must be accompanied by an advance electronic signature created by a secure-signature-creation device and certified by a valid qualified certificate. If the alien cannot accompany the application by an advance electronic signature, he/she shall be obligated to send the application and a copy of a personal identification document to the Migration Department by mail or courier. However, before sending the application by mail or courier the alien may send a scanned application and a copy of a personal identification document to the Migration Department by e-mail, specifying the date when these documents will be sent by mail. In this case, the Migration Department will begin processing the alien’s application as soon as it is received by e-mail; however, the final decision on removing (or refusing to remove) the data on the alien from the list of undesirable persons will be made when the original application and a copy of a personal identification document are received by mail or courier. 

After the Migration Department receives the alien’s application for having the data on the alien removed from the list of undesirable persons, it shall discuss the application with the state authority or body that put forward a proposal to prohibit the alien from entering the Republic of Lithuania. The decision on removing (or refusing to remove) the data on the alien from the list of undesirable persons shall be made within 20 business days from the day of receiving the alien’s application in the Migration Department. The alien shall be informed about the decision by using the method specified in his/her application (mail or e-mail).

Atgal