On 1 July 2021, Law No. XIV-347 of 25 May 2021 entered into force, amending Law No. IX-1132. The changes introduces new powers for the Lithuanian authorities to review the security compliance of manufacturers and suppliers willing to participate in the implementation of 5G mobile communications in Lithuania. In assessing the security risks, the Commission may, among others, take into account if the manufacturers or suppliers are or are not EU, NATO, or OECD nationals.
"Article 13-2. Verification of compliance with national security interests in the allocation and/or use of radio frequencies (channels) intended for the provision of electronic communications networks and/or electronic communications services
1 . To the Commission regarding persons who directly apply for the allocation of radio frequencies (channels) intended for the provision of electronic communication networks and/or electronic communication services (hereinafter referred to as certain radio frequencies (channels), or who have submitted applications to participate in the public tender, in the auction, when certain radio frequencies (channels), and ( or ) those who have the right to use certain radio frequencies (channels), as well as their use and (or) planned use of the equipment, devices and (or) ) verification of compliance of software manufacturers, suppliers and/or their maintenance and/or support service providers with the interests of national security is requested by the Communications Regulatory Authority of the Republic of Lithuania in the cases specified in the Law on Electronic Communications.
2 . For the persons referred to in paragraph 1 of this article, manufacturers, suppliers and/or providers of hardware, devices and/or software used for electronic communications activities, and/or their maintenance and/or support service providers mutatis mutandis , the inspection provided for investors in Article 12, 5 of this law, In paragraphs 7, 8, 9, paragraphs 1 and 3 of paragraph 10, paragraphs 11-17, 19 and 20. The Commission states that the person specified in paragraph 1 of this article, the manufacturer, supplier and/or maintenance and/or support service provider of hardware, devices and/or software used to carry out electronic communications activities does not meet the national security interests, if it is determined that he meets at least one of the criteria set out in Article 11, Part 1 of this Law and/or the person referred to in Part 1 of this Article, the manufacturer, supplier and/or maintenance and/or support of hardware, devices and/or software used to carry out electronic communications activities the service provider and/or the person controlling them is registered in a third country. The manufacturers, suppliers and/or providers of maintenance and/or support services of the hardware, devices and/or software used to carry out electronic communications activities specified in Part 1 of this Article shall not be informed of the decisions of the Commission or the Government provided for in Article 12 of this Law.
[...]
Article 19 . Commission
1 . The Government establishes the Commission and approves the description of the Commission's work procedure. The Government may instruct the Prime Minister to approve the personnel composition of the Commission. Commissioners must be of impeccable reputation. [...]
2 . The Commission, at the request of interested entities or on its own initiative: [...]
12 ) performed by persons directly requesting to allocate certain radio frequencies (channels) or who submitted applications to participate in a public tender or auction, when certain radio frequencies (channels) are allocated, and/or who have the right to use certain radio frequencies (channels), as well as compliance with the national security interests of the hardware, devices and/or software manufacturers, suppliers and/or their maintenance and/or support service providers used and/or planned to be used in the list provided for in Article 57, Part 2 of the Electronic Communications Law inspection and makes a decision or submits a conclusion to the Government and to the person directly requesting the allocation of certain radio frequencies (channels) or to the person who submitted an application to participate in a public tender or auction when certain radio frequencies (channels) are allocated, and/or to the person who has the right to use certain radio frequencies ( channels) to the person who performed the check." (Law on the Protection of Objects of Importance to Ensuring National Security of the Republic of Lithuania (10 October 2002, No. IX-1132; as amended, 1 July 2021), Articles 13 and 19 [google translation])
Law on the Protection of Objects of Importance to Ensuring National Security of the Republic of Lithuania (10 October 2002, No. IX-1132; as amended, 1 July 2021), Articles 13 and 19
[<a href="https://www.e-tar.lt/portal/lt/legalAct/TAR.57E0E8B29108/asr">Law</a>],[<a href="https://www.e-tar.lt/portal/lt/legalAct/774554a0c2df11eba2bad9a0748ee64d">Amendment</a>]