LT: Law on Banks of the Republic of Lithuania of 30 March 2004 No IX-2085, as amended by the Law No XIII-729 of 16 November 2017;
Law on Collective Investment Undertakings of the Republic of Lithuania of 4 July 2003 No IX- 1709, as amended by the Law No XII-1872 of 20 December 2018;
Law on Supplementary Voluntary Pension Accumulation of the Republic of Lithuania of 3 June 1999 No VIII-1212 (as revised in Law No XII-70 of 20 December 2012);
Law on Payments of the Republic of Lithuania of 5 June 2003 No. IX-1596, last amendment 17 of October 2019 Nr. XTII-2488
Law on Payment Institutions of the Republic of Lithuania of 10 December 2009 No. XI-549 (new version of the Law: No XIH-1093 of 17 April 2018)
29
ANNEX ON MOVEMENT OF NATURAL PERSONS FOR BUSINESS PURPOSES!
Article 1. Entry and Temporary Stay-related Procedural Commitments
Parties should ensure that the processing of applications for entry and temporary stay pursuant to their respective commitments in the Agreement follows good administrative practice. To that effect:
(a) Each Party shall ensure that fees charged by competent authorities for the processing of applications for entry and temporary stay do not unduly impair or delay trade in services under this Agreement.
(b) Subject to the competent authoritiesâ discretion, documents required from the applicant[s] for applications for the grant of entry and temporary stay of short-term visitors for business purposes should be commensurate with the purpose for which they are collected.
(c) Complete applications for the grant of entry and temporary stay shall be processed as expeditiously as possible.
(d) The competent authorities of a Party shall endeavor to provide, without undue delay, information in response to any reasonable request from an applicant concerning the status of an application.
(e) If the competent authorities of a Party require additional information from the applicant in order to process the application, they shall endeavor to notify, without undue delay, the applicant.
(f) The competent authorities of each Party shall notify the applicant of the outcome of the application promptly after a decision has been taken.
(g) If the application is approved, the competent authorities of each Party shall notify the applicant of the period of stay and other relevant terms and conditions.
(h) _ If the application is denied, the competent authorities of a Party shall, upon request or upon their own initiative make available to the applicant information on any available review and/or appeal procedures.
Gi) Parties shall endeavor to accept and process applications in electronic format.
Article 2.
Additional procedural commitments applying to intra-corporate transferees and their family membersâ
! The definitions included in Article 1(2) and Article 4(1)(5) of the Title on Investment Liberalisation and Trade in Services apply to this Annex.
Paragraphs 1, 2 and 3 do not apply for the Member States of the European Union that are not subject to the application of the Directive 2014/66/EU of the European Parliament and of the Council of 15
1. The competent authorities of each Party shall adopt a decision on the application for an intra- corporate transferee entry or temporary stay or a renewal of it and notify the decision to the applicant in writing, in accordance with the notification procedures under national law, as soon as possible but not later than 90 days from the date on which the complete application was submitted.
2. Where the information or documentation supplied in support of the application is incomplete, the competent authorities shall notify the applicant within a reasonable period of the additional information that is required and set a reasonable deadline for providing it. The period referred to in paragraph 1 shall be suspended until the competent authorities have received the additional information required.
3. The European Union shall extend to family members of natural persons of Chile who are intra-corporate transferees to the European Union, the right of temporary entry and stay granted to family members of an intra-corporate transferee under Article 19 of the ICT Directive;
4. Chile shall grant to family members of natural persons of the European Union who are Business Visitors for Establishment Purposes, Investors, Intra-corporate Transferees, Contractual Service Suppliers and Independent Professionals, a visa as a dependent, which does not allow to undertake remunerated activities in Chile. Nevertheless, a family dependent may be permitted to perform a remunerated activity in Chile upon a separate application, under this Agreement or the general immigration rules, for their own visa as non-dependent. The application can be submitted and processed in Chile.
Article 3. Cooperation on Return and Readmission
1. The Parties acknowledge that the enhanced movement of natural persons following from the provisions of Articles 1 and 2 of the present Annex requires full cooperation on return and readmission of natural persons who do not or no longer fulfil the conditions for entry to, presence in or residence on the territory of the other Party.
2. To this end, a Party may suspend the application of the provisions of Articles 1 and 2 of the present Annex where it assesses that the other Party does not observe its obligation under international law to readmit its nationals without conditions. The Parties reaffirm their understanding that such assessment is not subject to review under Chapter X [Dispute Settlement].
May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer ("ICT Directive").
ANNEX XX
CODE OF CONDUCT FOR PANELLISTS AND MEDIATORS
L Definitions
In this Code of Conduct:
(a) "administrative staff" means, in respect of a panellist, individuals under the direction and control of a panellist, other than assistants;
(b) âassistantâ means an individual who, under the terms of appointment of a panellist, conducts research or provides assistance to that panellist;
(c) "candidate" means an individual whose name is on the list of panellists referred to in Article X.6 (Lists of Panellists) of Chapter [X] (Dispute Settlement) and who is under consideration for selection as a panellist under Article X.5 (Establishment of a Panel) of Chapter [X] (Dispute Settlement);
(d) "mediator" means an individual who has been selected as mediator in accordance with Article X.28 (Selection of a Mediator) of Chapter [X] (Dispute Settlement); and
(e) âpanellistâ means a member of a panel.
IL. Governing Principles
In order to preserve the integrity and impartiality of the dispute settlement mechanism, each candidate and panellist shall:
(a) (b) {c) (d) ® (e)
get acquainted with this Code of Conduct;
be independent and impartial;
avoid direct or indirect conflicts of interests;
avoid impropriety and the appearance of impropriety or bias; observe high standards of conduct; and
not be influenced by self-interest, outside pressure, political considerations, public clamour, and loyalty to a Party or fear of criticism.
10.
11.
12.
A panellist shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of his or her duties.
A panellist shall not use his or her position on the panel to advance any personal or private interests. A panellist shall avoid actions that may create the impression that others are in a special position to influence him or her.
A panellist shall not allow past or existing financial, business, professional, personal, or social relationships or responsibilities to influence his or her conduct or judgement. A panellist shall avoid entering into any relationship or acquiring any financial interest
that is likely to affect his or her impartiality, or that might reasonably create an appearance of impropriety or bias.
If. Disclosure obligations
A candidate requested to serve as a panellist under Article X.5 (Establishment of a Panel) of Chapter [X] (Dispute Settlement) shall, prior to the acceptance of his or her appointment, disclose any interest, relationship or matter that is likely to affect his or her independence or impartiality, or that might reasonably create an appearance of impropriety or bias in the proceedings. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters, including financial, professional, employment or family interests.
The disclosure obligation under paragraph 8 is a continuing duty which requires a panellist to disclose any such interests, relationships or matters that may arise during any stage of the proceedings.
A candidate or a panellist shall communicate to the [institutional body to be defined] for consideration by the Parties any matters concerning actual or potential violations of this Code of Conduct at the earliest time he or she becomes aware of them.
IV. Duties of Panellists
Upon acceptance of his or her appointment, a panellist shall be available to perform and shall perform his or her duties thoroughly and expeditiously throughout the proceedings and with fairness and diligence.
A panellist shall consider only the issues raised in the proceedings and necessary for a decision and shall not delegate this duty to any other person.
13.
14.
15.
16.
17.
18.
19,
20.
A panellist shall take all appropriate steps to ensure that his or her assistants and administrative staff are aware of, and comply with, the obligations incurred by panellists under Parts II, I, IV and VI of this Code of Conduct.
VY. Obligations of Former Panellists Each former panellist shall avoid actions that may create the appearance that he or she was biased in carrying out the duties or derived advantage from the decision of the panel.
Each former panellist shall comply with the obligations under Part VI of this Code of Conduct.
VI. Confidentiality
A panellist shall not disclose, at any time, any non-public information concerning the proceedings or acquired during the proceedings for which he or she has been appointed. A panellist shall not, in any case, disclose or use such information to gain personal advantage or advantage for others or to adversely affect the interest of others.
A panellist shall not disclose a decision of the panel or parts thereof prior to its publication in accordance with Chapter [X] (Dispute Settlement).
A panellist shall not, at any time, disclose the deliberations of a panel, or any panellist's view, nor make any statements on the proceedings for which he or she has been appointed, or on the issues in dispute in the proceedings.
VII. Expenses Each panellist shall keep a record and render a final account of the time devoted to the
proceedings and of his or her expenses, as well as the time and expenses of his or her assistants and administrative staff.
VIII. Mediators
This Code of Conduct shall apply to mediators, mutatis mutandis.
AK
ANNEX X
RULES OF PROCEDURE L DEFINITIONS 1. In Chapter [...] and under these Rules of Procedure:
(a) (b)
(c)
(a) "administrative staff", in respect of a panellist, means individuals under the direction and control of a panellist, other than assistants;
(b) âadviserâ means an individual retained by a Party to advise or assist that Party in connection with the panel proceedings;
(c) âassistantâ means an individual who, under the terms of appointment and under the direction and control of a panellist, conducts research or provides assistance to that panellist;
(d) âcomplaining Partyâ means any Party that requests the establishment of panel under Article [X.4] (Initiation of Panel Procedures) of Chapter [X] (Dispute Settlement);
(e) âdayâ means a calendar day;
(f) âpanelâ means a panel established under Article [X.5] (Establishment of a Panel) of Chapter [X] (Dispute Settlement);
(g) âpanellistâ means a member of a panel;
(h) âParty complained againstâ means the Party that is alleged to be in violation of the covered provisions;
@ ârepresentative of a Partyâ means an employee or any individual appointed by a government department, agency or any other public entity of a Party who represents the Party for the purposes of a dispute under [part XX] of this Agreement.
NOTIFICATIONS Any request, notice, written submission or other document of: the panel shall be sent to both Parties at the same time; a Party which is addressed to the panel shall be copied to the other Party at the same time; and a Party which is addressed to the other Party shall be copied to the panel at the same time, as appropriate.
Any notification referred to under rule 2 shall be made by e-mail or, where appropriate, any other means of telecommunication that provides a record of the sending thereof. Unless proven otherwise, such notification shall be deemed to be delivered on the date of its sending.
4, All notifications shall be addressed to the Directorate-General for Trade of the Commission of the Union and to the General Directorate of International Economic Affairs of Chile, or their successors, respectively.
5, Minor errors of a clerical nature in a request, notice, written submission or other document related to the panel proceedings may be corrected by delivery of a new document clearly indicating the changes.
6. If the last day for delivery of a document falls on a public holiday of the European Commission or of Chile the time period for the delivery of the document shall end on the first following business day.
Il. Appointment of Panellists
If pursuant to Article [X.5] (Establishment of a Panel) of Chapter [X] (Dispute Settlement) a panellist or a chairperson is selected by lot, the co-chair of the Joint Committee of the complaining Party shall promptly inform the co-chair of the Party complained against of the date, time and venue of the lot. The Party complained against may, if it so chooses, be present during the lot. In any event, the lot shall be carried out with the Party or Parties that are present.
~
8. The co-chair of the Joint Committee of the complaining Party shall notify, in writing, each individual who has been selected to serve as a panellist of his or her appointment. Each individual shall confirm his or her availability to both Parties within five days from the date on which he or she was informed of his or her appointment.
9. The co-chair of the Joint Committee of the complaining Party shall select by lot the panellist or chairperson, within five days from the expiry of the time period referred to in paragraph 2 of Article [X.5] (Establishment of a Panel), if any of the sub-lists referred in paragraph 1 of Article [X.6] (List of Panellists):
(a) is not established, amongst those individuals who have been formally proposed by one or both Parties for the establishment of that particular sub-list; or
(b) does not contain any longer at least five individuals, amongst those individuals who remain on that particular sub-list.
10. The Parties shall endeavour to ensure that, at the latest by the time all the panellists have accepted their appointment in accordance with Article [X.5(5) (Establishment of a Panel), they have agreed on the remuneration and the reimbursement of expenses of the panellists and assistants, and have prepared the necessary appointment contracts, with a view to having them signed promptly. The remuneration and expenses of the panellists shall be based on WTO standards. The remuneration and expenses of an assistant or assistants of a panellist shall not exceed 50% of the remuneration of that panellist.
IV. Organisational Meeting
10. Unless the Parties agree otherwise, they shall meet the panel within seven days of its establishment in order to determine such matters that the Parties or the panel deem appropriate, including the timetable of the proceedings. Panellists and representatives of the Parties may take part in this meeting via telephone or video conference.
Vv. Written Submissions
11. The complaining Party shall deliver its written submission no later than 20 days after the date of establishment of the panel. The Party complained against shall deliver its written submission no later than 20 days after the date of delivery of the written submission of the complaining Party.
VI.â Operation of the Panel
12. The chairperson of the panel shall preside at all its meetings. The panel may delegate to the chairperson the authority to make administrative and procedural decisions.
13. Unless otherwise provided in Chapter [X] (Dispute Settlement) or in these Rules of Procedure, the panel may conduct its activities by any means, including telephone, video-conference or other electronic means of communication.
14, Only panellists may take part in the deliberations of the panel, but the panel may permit their assistants to be present at its deliberations.
15. The drafting of any decision and report shall remain the exclusive responsibility of the panel and shall not be delegated.
16. Where a procedural question arises that is not covered by the Chapter [X] (Dispute Settlement) and its Annexes, the panel, after consulting the Parties, may adopt an appropriate procedure that is compatible with those provisions.
17. When the panel considers that there is a need to modify any of the time periods for the proceedings other than the time periods set out in Chapter [X] (Dispute Settlement) or to make any other procedural or administrative adjustment, it shall inform the Parties, in writing of the time period or adjustment needed and the reasons therefor. The panel may adopt the modification or adjustment after consultation of the Parties.
VIL Replacement
18. When a Party considers that a panellist does not comply with the requirements of Annex XX (Code of Conduct for Panellists and Mediators) and for this reason should be replaced, that Party shall notify the other Party within 15 days from the time at which it obtained sufficient evidence of the panellist's alleged failure to comply with the requirements of Annex XX (Code of Conduct for Panellists and Mediators).
19. The Parties shall consult within 15 days from the delivery of that notification. They shall inform the panellist of its alleged failure and they may request the panellist to take steps to ameliorate the failure. They may also, if they so agree, remove the panellist and select a new panellist in accordance with Article X.5 (Establishment of Panels) of Chapter [X] (Dispute Settlement).
20. If the Parties fail to agree on the need to replace the panellist, other than the chairperson of the panel, either Party may refer this matter to the chairperson of the panel, whose decision shall be final.
If the chairperson of the panel finds that the panellist does not comply with the requirements of Annex XX (Code of Conduct for Panellists and Mediators), the new panellist shall be selected in accordance with Article X.5 (Establishment of Panels) of Chapter [X] (Dispute Settlement).
21. If the Parties fail to agree on the need to replace the chairperson, either Party may request that this matter be referred to one of the remaining members of the pool of individuals from the sub-list of chairpersons established under Article X.6 (Lists of Panellists) of Chapter [X] (Dispute Settlement). His or her name shall be drawn by lot by the co-chair of the Joint Committee from the requesting Party, or the chair's delegate. The decision by the selected person on the need to replace the chairperson shall be final.
If this person finds that the chairperson does not comply with the requirements of Annex
XX (Code of Conduct for Panellists and Mediators), the new chairperson shall be selected in accordance with Article X.5 (Establishment of Panels) of Chapter [X] (Dispute Settlement).
VII. Hearings
26.
28.
22. Based upon the timetable determined pursuant to rule 10, after consulting with the Parties and the other panellists, the chairperson of the panel shall notify the Parties the date, time and venue of the hearing. This information shall be made publicly available by the Party in which the hearing takes place, unless the hearing is closed to the public.
23. Unless the Parties agree otherwise, the hearing shall be held in Brussels if the complaining Party is Chile and in Santiago if the complaining Party is the Union. The Party complained against shall bear the expenses derived from the logistical administration of the hearing. In duly justified circumstances and at the request of a Party, the panel may decide to hold a virtual or hybrid hearing and make appropriate arrangements, after consulting both Parties, taking into account the rights of due process and the need to ensure transparency.
24, The panel may convene additional hearings if the Parties so agree. 25. All panellists shall be present during the entirety of the hearing.
Unless the Parties agree otherwise, the following persons may attend the hearing, irrespective of whether the hearing is open to the public or not:
(a) representatives of a Party;
(b) advisers;
(c) assistants and administrative staff;
(d) interpreters, translators and court reporters of the panel; and
(e) experts, as decided by the panel pursuant to paragraph 2 of Article [21] (Receipt of Information) of Chapter [X] (Dispute Settlement).
27. No later than five days before the date of a hearing, each Party shall deliver to the panel and to the other Party a list of the names of persons who will make oral arguments or presentations at the hearing on behalf of that Party and of other representatives and advisers who will be attending the hearing.
The panel shall conduct the hearing in the following manner, ensuring that the complaining Party and the Party complained against are afforded equal time in both argument and rebuttal argument:
Argument (a) argument of the complaining Party; (b) argument of the Party complained against. Rebuttal Argument (a) _ reply of the complaining Party; (b) _ counter-reply of the Party complained against. 29. The panel may direct questions to either Party at any time during the hearing.
30. The panel shall arrange for a recording of the hearing to be prepared and delivered to the Parties as soon as possible after the hearing.
31. Each Party may deliver a supplementary written submission concerning any matter that arose during the hearing within 10 days after the date of the hearing.
IX. Questions in Writing
32. The panel may at any time during the proceedings submit questions in writing to one or both Parties. Any questions submitted to one Party shall be copied to the other Party.
33. Hach Party shall provide the other Party with a copy of its responses to the questions submitted by the panel. The other Party shall have an opportunity to provide comments in writing on the Partyâs responses within five days after the delivery of such copy.
X. Confidentiality
34. | Each Party and the panel shall treat as confidential any information submitted by the other Party to the panel that the other Party has designated as confidential. When a Party submits to the panel a written submission which contains confidential information, it shall also provide, within 15 days, a submission without the confidential information and which shall be disclosed to the public.
35. Nothing in these Rules of Procedure shall preclude a Party from disclosing statements of its own positions to the public to the extent that, when making reference to information submitted by the other Party, it does not disclose any information designated by the other Party as confidential.
36. The panel hearings shall be held in closed session when the submission and arguments of a Party contains confidential information. The Parties shall maintain the confidentiality of the panel hearings when the hearings are held in closed session.