Lithuania: Order No. 161 of 1997 of the Minister of the Interior on the Approval of Regulations of Foreigner Registration Centre under the Ministry of the Interior

To harmonise the Regulations of Foreigner Registration Centre under the Ministry of the Interior with the newly adopted normative acts,

I hereby ORDER:

1. To approve the new draft of Regulations of Foreigner Registration Centre under the Ministry of the Interior (Annex 1).

2. To considerAnnex to paragraph ?? of Order No. 1064 of 10.12.1996 of the Ministry of the Interior as no longer valid.

Minister

Secretary

Annex I - Regulations of Foreigner Registration Centre under the Ministry of the Interior

General

1. The Foreigner Registration Centre (heretofore, Centre) is an institution under the Ministry of the Interior.

2. The Centre shall serve as a temporary shelter to foreigners requesting refugee status in the Republic of Lithuania until it is established whether, under the Law of the Republic of Lithuania "On the Refugee Status in the Republic of Lithuania", there are no obstacles preventing them from obtaining asylum in the Republic of Lithuania, as well as to foreigners who have entered the Republic of Lithuania illegally and are staying on its territory illegally, until their legal status in the Republic of Lithuania is established as stipulated by relevant legal acts of the Republic of Lithuania.

The stay at the Centre of a foreigner who is claiming refugee status in the Republic of Lithuania shall not grant him the right to use temporary = territorial asylum in the Republic of Lithuania.

3. In its activities, the Centre shall be governed by the Constitution of the Republic of Lithuania, the Law of the Republic of Lithuania "On the Refugee Status in the Republic of Lithuania", laws and legal acts adopted by the Seimas, President's decrees, resolutions of the Government of the Republic of Lithuania, the statutes of the internal service of the Republic of Lithuania, these regulations, and other legal acts.

4. The Centre shall be financed from the state budget of Lithuania. The Centre shall have the right to receive support from other states, international organisations, and private persons.

5. The Centre shall be a legal entity with its own seal, name and current account in the bank.

6. The Centre shall be established, reorganised, and liquidated by the Ministry of the Interior.

Tasks and Functions

7. The Centre shall be tasked with the following:

7. 1. receiving and offering temporary shelter to foreigners claiming refugee status in the Republic of Lithuania, if they cannot be sent directly to the refugee admissions/accommodation centre or to the country they came from;

7. 2. implementing measures necessary in order to establish whether a foreigner is eligible to temporary territorial asylum in Lithuania;

7. 3. receiving and offering temporary shelter to foreigners who have entered illegally and are staying illegally in the Republic of Lithuania, until their legal status in the Republic of Lithuania is established as stipulated by relevant legal acts;

7. 4. implementing measures regarding foreigners who have entered Lithuania illegally and are staying there illegally, in establishing their legal status in the Republic of Lithuania;

7. 5. sheltering foreigners until they are transferred to the refugee admissions/accommodation centre or leave Lithuania or are deported from the Republic of Lithuania in the established order, or until their legal status in the Republic for Lithuania is established in some other way, as stipulated by relevant legal acts;

8. In implementing these tasks, the Centre shall carry out thefollowing functions:

8. 1. implement the registration and count of foreigners staying at the Centre;

8. 2. ensure foreigner supervision;

8. 3.organise day-to-day and material supplies to foreigners staying at the Centre;

8. 4. offer first medical aid and in the case of urgent or special assistance, direct foreigners to health care institutions;

8. 5.provide meals to foreigners staying at the Centre and, in the case of necessity, supply them with clothing an footwear;

8. 6. ensure the maintenance of sanitary, hygienic, and antiepidemic regime;

8. 7. organise individual medical check-ups in order to prevent the spread of highly contagious diseases;

8. 8. ensure observance of fire prevention rules;

8. 9. advise foreigners staying at the Centre on their legal status in the Republic of Lithuania;

8. 10.provide for legal assistance and interpreter services;

8. 11.conduct interviews with foreigners in order to establish their legal status in the Republic of Lithuania;

8. 12.manage foreigners' individual files, photograph and dactyloscope foreigners;

8. 13.upon issue to foreigners of individual registration certificates, organise their transfer to the refugee admissions/accommodation centre;

8. 14. adopt decisions requiring foreigners to leave the Republic of Lithuania, carry out foreigners' deportation from the Republic of Lithuania, organise foreigners' departures from the Republic of Lithuania to the country they came from or to the country of origin, as stipulated by relevant international agreements of the Republic for Lithuania;

8. 15.carry our other decisions regarding the legal status in the Republic of Lithuania of foreigners staying at the Centre;

8. 16.within the sphere of their competence, cooperate with state institutions of the Republic of Lithuania and other countries, international, non-governmental, and other organisations.

9. The Centre shall use the funds received from other states, international organisations, and private persons to improve conditions for foreigners staying there.

Order and Terms of Stay at the Centre

10. Foreigners shall be accommodated at the Centre until:

10. 1. temporary territorial asylum is offered and they are moved to the refugee admissions/accommodation centre in the established order;

10. 2. they are deported from or leave the Republic of Lithuania;

10. 3. another decision is adopted on the legal status of the foreigner concerned in the Republic of Lithuania.

11. Foreigners claiming refugee status in the Republic of Lithuania shall be accommodated at the Centre bya respective decision of the Migration Department of the Ministry of the Interior.

Foreigners who have entered the Republic of Lithuania illegally and are staying there illegally shall be admitted to the Centre only following a respective decision by regional (town) police headquarters or their chiefs. Other state law enforcement institutions shall, upon detaining illegal immigrants and foreigners staying in the Republic of Lithuania illegally, submit them to regional (town) police headquarters for relevant decisions to be taken there.

Foreigners shall be admitted to the Centre only with the consent of the Centre head, his deputy or an authorised officer.

12. Foreigners admitted to the Centre shall be acquainted with the internal regulations of the Centre. Such internal order regulations shall be approved by the head of the Centre.

13. Foreigners staying at the Centre must:

13. 1. obey the laws of the Republic of Lithuania and the order of staying at the Centre;

13. 2. permit doctors to carry out medical check-ups (in accordance with the order established by the Ministry of Health);

13. 3 participate at the interview, answer questions, render assistance to Centre officers in establishing their legal status in the Republic of Lithuania.

Organisation of the Centre

14. The Centre administration shall consist of the head of the Centre, his deputies,heads of structural subdivisions, and officers.

15. The head of the Centre shall be appointed and dismissed by the = founder of the Centre.

16. The structure, staff and salary fund of the Centre shall be approved by the Founder.

17. The Centre administration shall organise the work of the Centre and shall be responsible for its activities in the order established by the laws of the Republic of Lithuania and other legal acts.

18. The Centre administration shall work to ensure:

18. 1.rational and economical use of state and other funds as well as material assets assigned to the Centre;

18. 2.supply of the Centre with materials, inventory, fuel, food products, clothing, and footwear;

18. 3. maintenance and repair of premises, equipment, and communications, as well as maintenance of the territory;

18. 4. adherence to fire and work safety regulations;

19. The Centre administration shall manage foreigners' registration, count, and supervision.

20. The head of the Centre shall, in the order established by relevant laws:

20. 1. employ and dismiss Centre staff and officers;

20. 2. take necessary measures to ensure relevant qualifications and professionalism of the staff.

21. To ensure the implementation of its functions, the Centre administration may sign relevant contracts with other legal and natural entities

22. Within the sphere of its competence, the Centre administration shall have the right to sign contracts with relevant Lithuanian and foreign institutions, international, and other organisations on rendering assistance to the Centre.

Head of Centre