2023 Investment Climate Statements: Lithuania

Policies Towards Foreign Direct Investment

Lithuania’s laws ensure equal protection for both foreign and domestic investors. No special permit is required from government authorities to invest foreign capital in Lithuania. State institutions have no right to interfere with the legal possession of foreign investors’ property. In the event of justified expropriation, investors are entitled to compensation equivalent to the market value of the property expropriated. The law obligates state institutions and officials to keep commercial secrets confidential and requires compensation for any loss or damage caused by illegal disclosure. As a member of the Organization for Economic and Development Cooperation (OECD) Lithuania observes high investment standards. As a member of European Union, Lithuania is subject to WTO trade requirements. Invest Lithuania is the government’s principal institution dedicated to attracting foreign investment. It serves as a one-stop-shop to: provide information on business costs, labor, tax and legal considerations, and other business concerns; facilitate the set up and launch of a company; provide help in accessing government financial support; and advocate on behalf of investors for more business-friendly laws. In addition to its offices in Vilnius and major Lithuanian cities, Invest Lithuania has representative offices in Germany and the United Kingdom. The government has also expanded its network of commercial representatives, and now has three attachés in the United States in Los Angeles, New York, and Chicago. Lithuania has also expanded its commercial presence in Asia with new commercial postings in Japan, South Korea, and Taiwan.

Limits on Foreign Control and Right to Private Ownership and Establishment

Foreign investors have the right to repatriate profits, income, or dividends, in cash or otherwise, or to reinvest the same without any limitation, after paying taxes. The law establishes no limits on foreign ownership or control. Foreign investors have free access to all sectors of the economy with some limited exceptions:

The Law on Investment prohibits investment of foreign capital in sectors related to the security and defense of the State.

The Law on Investment also requires government permission and licensing for commercial activities that may pose risks to human life, health, or the environment, including the manufacturing of, or trade in, weapons.

As of 2014, foreign citizens are allowed to buy agricultural or forest land.

The Law on Investment specifically permits the following forms of investment in Lithuania:

• establishment of an enterprise or acquisition of a part, or the whole, of the authorized capital of an operating enterprise registered in Lithuania;

• acquisition of securities of any type;

• creation, acquisition, and increase in the value of long-term assets;

• lending of funds or other assets to business entities in which the investor owns a stake, allowing control or considerable influence over the company; and

• performance of concession or leasing agreements.

Foreign entities are allowed to establish branches or representative offices. There are no limits on foreign ownership or control. Foreign investors can contribute capital in the form of money, assets, or intellectual or industrial property rights. The State Property Bank screens the performance record and size of companies bidding on state or municipal property and has halted privatizations when it determined that the bidders were not suitable, i.e., for criminal or other reasons.

The Lithuanian parliament most recently updated its 2002 law on the Protection of Objects Important to National Security in 2018. The law is aimed at enforcing additional safeguards to avoid threats related to investments into companies of strategic national importance, thus requiring a special government commission to screen investments in identified strategic sectors.

Other Investment Policy Reviews

Business Facilitation

The process of company registration in Lithuania involves the following steps that can be accomplished online at http://www.registrucentras.lt/en/ :

2. Register at the Company Register, including registration with State Tax Inspectorate (the Lithuanian Revenue Authority) for corporate tax, VAT, and State Social Insurance Fund Board (SODRA). It takes one day and costs approximately $64.

3. Complete VAT registration. It takes three days to complete at no charge.

Outward Investment

The Lithuanian government neither incentivizes nor restricts outward investment.

Transparency of the Regulatory System

The regulatory system remains a challenge for some investors. Local business leaders report that bureaucratic procedures too often are not user-friendly and that the interpretation of regulations can be inconsistent and unclear. Businesses and private individuals complain of low-level, but non-systemic corruption, including in the process of awarding government contracts and the granting of licenses and permits. Businesses also note that they would like to have more opportunity to consult with lawmakers regarding new legislation, which sometimes appears with little advance notice. Public procurement is overseen by the national procurement supervising authority and has a strong reporting system to monitor its activities, making it largely transparent. Nevertheless, problems persist in practice, as some bids are released with technical irregularities and many winning vendors are selected based primarily on price over the quality across the lifecycle of the product.

However, the government continues to improve transparency. A new anti-corruption law came into effect in 2022 which codified the responsibilities of public institutions to enforce stricter standards of openness and transparency and established a network of trained anti-corruption officials. For example, the parliament’s website contains all draft legislation, and public tenders must be published electronically in a central database. Ministries also post draft laws under consideration. In March 2014, Transparency International released a report recommending new laws aimed at protecting whistle-blowers, encouraging lobbying transparency, preventing and controlling conflicts of interest, and increasing transparency in political party funding. Some of the recommendations have been addressed by introducing a whistleblower protection law and a new law on lobbying in 2017.

International Regulatory Considerations

Since May 1, 2004, in accordance with its EU membership, Lithuania has applied EU trade policies, such as antidumping or anti-subsidy measures. The EU import regime likewise applies to Lithuania. The country is a member of the WTO and it notifies all draft technical regulations to the WTO Committee on Technical Barriers to Trade.

Legal System and Judicial Independence

The Lithuanian legal system stems from the legal traditions of continental Europe and complies with the EU’s acquis communautaire. New laws enter into force upon promulgation by the President (or in some cases the Speaker of the parliament) and publication in the official gazette, Valstybes Zinios (State News). Several possibilities exist for commercial dispute resolution. Parties can settle disputes in local courts or in the increasingly popular independent, i.e., non-governmental, Commercial Court of Arbitration. Lithuania also recognizes arbitration judgments by foreign courts. Domestic courts generally operate independently of government influence. Lithuania’s EU membership has given foreign firms the additional right to appeal adverse court rulings to the European Court of Justice.

The Lithuanian court system consists of courts of general jurisdiction that deal with civil and criminal matters, and includes the Supreme Court, the Court of Appeals, District Courts, and local courts. In 1999, Lithuania established a system of administrative courts to adjudicate administrative cases, which generally involve disputes between government regulatory agencies and individuals or organizations. The administrative court system consists of the High Administrative Court and District Administrative Courts.

The Constitutional Court of Lithuania is a separate, independent judicial body that determines whether laws and legal acts adopted by the parliament, president, and the government violate the Constitution.

Laws and Regulations on Foreign Direct Investment

Lithuanian law provides that foreign entities may establish branches or representative offices, and there are no limits on foreign ownership or control. A foreigner may hold a majority interest in a local company in Lithuania. However, there are some areas of the economy where investment is limited, such as in sectors related to national security and defense of the State. Licensing is necessary for activities related to human life and health, or which are deemed potentially risky. The national investment promotion agency Invest Lithuania provides a detailed overview of the relevant laws and regulations on foreign investment. http://www.investlithuania.com 

Competition and Antitrust Laws

There is a domestic Competition Council, which is responsible for the prevention of competition law violations. For more information: https://kt.gov.lt/en/ 

Expropriation and Compensation

Lithuanian law permits expropriation on the basis of public need, but requires compensation at fair market value in a convertible currency. The law requires payment of compensation within three months of the date of expropriation in the currency the foreign investor requests. The compensation must include interest calculated from the date of publication of the notice of expropriation until the payment of compensation. The recipient may transfer this compensation abroad without any restrictions. There have been no cases of expropriation of private property by the Lithuanian government since 1991. There is an ongoing process to restitute property expropriated during World War II and the Soviet occupation. The Lithuanian government passed a law in 2011 providing for the restitution of communal property and in 2022 passed legislation to provide an additional 37 million euro for restitution of private and heirless property seized during the Holocaust.

Dispute Settlement

ICSID Convention and New York Convention

Lithuania is a member state to the International Centre for the Settlement of Investment Disputes (ICSID) Convention. It is also a signatory to the convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958 New York Convention). Lithuania law recognizes and enforces arbitral body decisions.

Investor-State Dispute Settlement

According to Lithuanian law, State owned enterprises (SOE) have no privileges over their private sector counterparts in conducting business, competing for supply, and/or in implementing projects, enforcing contracts, and accessing finance. While Baltic Institute for Corporate Governance (BICG) reports indicate there have been cases of SOE executives extracting benefits for their own personal gain by way of guided tenders, exercising favoritism when selecting providers of goods or services, or giving business to friends and family members, the Embassy has heard of no complaints from either foreign or domestic companies regarding the outcome of dispute settlement cases with state companies.

International Commercial Arbitration and Foreign Courts

According to the Lithuanian Arbitration Court, the arbitration process should be completed within six months, but depending on the complexity of a dispute and with the agreement of both parties, this period can be extended. Also, before a process starts, the Arbitration Court has 30 days to decide if it will accept the dispute and three months to prepare all the needed materials for the arbitration process. Decisions of the Lithuanian Arbitration Court may be appealed to international institutions, such as the International Court of Arbitration.

Bankruptcy Regulations

Lithuania passed the current Enterprise Bankruptcy Law in 2001. This law applies to all business enterprises, public establishments, commercial banks, and other credit institutions registered in Lithuania. The law provides a mechanism to override the provisions of other laws regulating enterprise activities, assuring protection of creditors’ rights, recovery of debts, and payment of taxes and other mandatory contributions to the State. This law establishes the following order of creditors’ claims: claims by creditors that are secured by a mortgage/pledge of debtor; claims related to employment; tax, social insurance, and state medical insurance claims; claims arising from loans guaranteed or issued on behalf of the Republic of Lithuania or its government; and other claims. Bankruptcy can be criminalized in cases of intentional bankruptcy. The Law on the Bankruptcy of Natural Persons was introduced in Lithuania in 2013. The World Bank’s Ease of Doing Business survey ranks Lithuania 89th in the category of “resolving insolvency.”

Investment Incentives

The Lithuanian government taxes corporate income and capital gains at 15 percent and the personal income tax rate is 20 percent. The value added tax is 21 percent, and the annual real estate tax ranges from 0.3 to three percent, depending on the market value of a property. For more details, please visit
https://investlithuania.com/investor-guide/running-your-business/ 

Lithuanian municipalities provide special incentives to investors who create jobs or invest in infrastructure. Municipalities may tie designation criteria to additional factors, such as the number of jobs created or environmental benefits. Strategic investors’ benefits could include favorable tax incentives for up to ten years. Municipalities may grant special incentives to induce investments in municipal infrastructure, manufacturing, and services.

Foreign Trade Zones/Free Ports/Trade Facilitation

Lithuania has seven Free Economic Zones (FEZs) located near the cities of Kaunas,
Klaipeda, Siauliai, Kedainiai, Panevėžys, Akmenė, and Marijampolė. The FEZs in Kaunas and Klaipėda have attracted the most business; there are about one hundred companies from 18 countries operating in the Klaipėda FEZ, and 53 in the Kaunas FEZ. Companies operating in FEZs must follow the same accounting and reporting rules as companies operating in the rest of the country.

Companies that invest or are operating within the zones enjoy:

• six years’ exemption from corporate income tax and a 50 percent reduction during the following 10 years, if the company invests more than $1.2 million as an initial investment;
• exemption from real estate tax;
• no tax on foreign company dividends.

Performance and Data Localization Requirements

In January 2017, the parliament passed legislation providing for a Startup Visa, designed for non-EU entrepreneurs wishing to start or expand information technology, biotech, nanotech, mechatronics, electronics, or laser technology businesses. For more information on the new Startup Visa, visit: https://startupvisalithuania.com/Lithuania also participates in the EU BlueCard program, which simplifies the residency and work permit application process for highly-skilled non-EU citizens. Once secured, the BlueCard is valid for up to three years and can be extended for an additional three years. BlueCard holders are also eligible to apply for permanent residency after five years. For more information on the BlueCard program, visit: http://www.eubluecard.lt/ .

Nevertheless, foreign investors that do not qualify for these programs, including U.S. citizens, may face difficulties obtaining and renewing residency permits. U.S. citizens can stay in Lithuania no more than 90 days without a visa (and no more than 90 days in any six-month period). Those who stay longer face fines and deportation. However, foreigners may only submit residency permit applications after they arrive in Lithuania. Therefore, the Embassy recommends applicants work with Lithuanian embassies and consulates to review documentation required for a permit well in advance of their first visit to Lithuania. For more information on the various types of visas and their requirements, visit: https://www.migracija.lt/en/search?q=visas 
Lithuania provides special incentives to strategic investors. The criteria by which the national government or a municipality designates a strategic investor vary from project to project. In general, the national government requires that a strategic investor initially invests $50 million or more. Municipalities may tie the designation criteria to additional or other factors, such as the number of jobs created and the environmental benefits that accrue. Strategic investors’ rewards include special business conditions, such as favorable tax incentives for up to ten years. Significant tax incentives apply to foreign investments made before 1997. Municipalities may grant special incentives to induce investments in municipal infrastructure, manufacturing, and services.

The Lithuanian government does not follow “forced localization” policy and foreign investors can use domestic and foreign content in goods or technology alike. As a member of the European Union, Lithuania follows the General Data Protection Regulation. Enforcement is carried out by the State Data Protection Inspectorate. Foreign IT providers are not required to turn over source code and/or provide access to the encryption.

Real Property

Lithuanian law protects foreign investments and the rights of investors in several ways:

• property against nationalization or requisition.
• protection and encouragement of investments reinforce these protections. The U.S. and
  Lithuania BIT has been in effect since 2001.
• equivalent to the fair market value of the expropriated property.
• applying to either Lithuanian courts or directly to the International Center for the Settlement of Investment Disputes. To date, Lithuania has not been involved in any major investment disputes with U.S. investors.

Lithuania’s commercial laws conform to EU requirements, and include the principles of the free establishment of companies, protection of shareholders’ and creditors’ rights, free access to information, and registration procedures. Relevant laws include: the Company Law and Law on Partnerships (2004), the Law on Personal Enterprises (2004), the Law on Investments (1999), the Law on Bankruptcy of Enterprises (2001), and the Law on Restructuring of Enterprises (2001). The Civil Code of 2000 governs commercial guarantees and security instruments. It provides for the following types of guarantee and security instruments to secure fulfillment of contractual obligations: forfeiture, surety, guarantee, earnest money, pledge, and mortgage.

Intellectual Property Rights

Lithuania has significantly improved its intellectual property rights (IPR) protection in recent years, and members of the innovation community report that IPR infringement and theft is infrequent. In 2008, Lithuania was removed from USTR’s Special 301 Watch List and is not currently included in the Notorious Markets List.

Lithuania joined the World Intellectual Property Organization (WIPO) in 2002 and is party to many of its treaties, including the Berne Convention, the Paris Convention, the Patent Cooperation Treaty, the WIPO Copyright Treaty, and the WIPO Performances and Phonograms Treaty. Lithuania joined the World Trade Organization in 2001 and so is party to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Following EU accession, Lithuania extended protection to member states’ trademarks and designs. Lithuania brought its national law protecting biological inventions into compliance with EU Directive 98/44 in June 2005.

For additional information about treaty obligations and points of contact at local IPR offices, please see WIPO’s country profiles at: http://www.wipo.int/directory/en/ .

The State Patent Bureau provides a list of patent attorneys at the following link: https://vpb.lrv.lt/en/ 

Capital Markets and Portfolio Investment

Government policies do not interfere with the free flow of financial resources or the allocation of credit. In 1994, Lithuania accepted the requirements of Article VIII of the Articles of Agreement of the International Monetary Fund to liberalize all current payments and to establish non-discriminatory currency agreements. Lithuania ensures the free movement of capital and does not plan to impose any restrictions. The government imposes no restrictions on credits related to commercial transactions or the provision of services, or on financial loans and credits. Non-residents may open accounts with commercial banks.

Money and Banking System

The banking system is stable, well-regulated, and conforms to EU standards. Currently there are 13 commercial banks holding a license from the Bank of Lithuania, six foreign bank branches, two foreign bank representative offices, the Central Credit Union of Lithuania and 65 credit unions. Two hundred-eighty EU banks provide cross-border services in Lithuania without a branch operating in the country, and three financial institutions controlled by EU licensed foreign banks provide services without a branch. Nearly all foreign banks are headquartered in Sweden, Norway, and Denmark. By the end of 2022 the total assets of major Lithuanian banks were $57 billion. The largest banks operating in Lithuania are:

• Swedbank ( www.swedbank.lt )
• SEB ( www.seb.lt )
• Revolut ( www.revolut.lt )
• Luminor ( https://www.luminor.lt/ )
• Siauliu Bankas ( www.sb.lt )

Other smaller banks include:

• Medicinos Bankas ( www.medbank.lt )
• PayRay Bank UAB ( https://www.payray.bank/  )
• AB Mano Bankas ( www.mano.bank )
• UAB GF Bankas ( https://www.payray.bank/  )
• European Merchants Bank ( www.europeanmerchantbank.com )
• UAB SME Bank ( https://smebank.lt/en/  )
• Finora Bank UAB ( https://finorabank.eu/en/ )
• AB Fjord Bank ( https://www.fjordbank.lt/ )

Since January 1, 2015, all banks are controlled by the European Central Bank and the Bank of Lithuania. There is no restriction on portfolio investment. The right of ownership to shares acquired through automatically matched trades is transferred on the third working day following the conclusion of the transaction. The Vilnius Stock Exchange is part of the OMX group of exchanges and offers access to 80 percent of all securities trading in the Nordic and Baltic marketplace. OMX is owned by the U.S. firm NASDAQ and the Dubai Bourse. The supervisory service at the Bank of Lithuania oversees commercial banks and credit unions, securities market, and insurance companies. Lithuanian law does not regulate hostile takeovers.

Like much of the rest of the world, rising inflation driven by high global energy, food prices are a concern in Lithuania. Lithuania experienced 21.7% inflation in December 2022.

Foreign Exchange and Remittances

Foreign Exchange

Lithuania has no restrictions on foreign exchange.

Remittance Policies

Lithuanian remittance policies allow free and unrestricted transfers.

Sovereign Wealth Funds

Lithuania does not maintain any Sovereign Wealth Funds.

Privatization Program

The government has privatized most state enterprises and property, with foreign investors purchasing the majority of state assets privatized since 1990. These include companies in the banking and transportation sectors. Some foreign companies have complained about a lack of transparency or discrimination in certain privatization transactions. Major assets still under government control include the railway company (Lietuvos Gelezinkeliai), Lithuania’s three international airports (Vilnius, Kaunas, and Klaipeda), Lithuanian post (Lietuvos Pastas), as well as energy companies controlled by Ignitis Group holding company.

Additional Resources

Department of State

• Country Reports on Human Rights Practices;
• Trafficking in Persons Report;
• Guidance on Implementing the “UN Guiding Principles” for Transactions Linked to Foreign Government End-Users for Products or Services with Surveillance Capabilities;
• U.S. National Contact Point for the OECD Guidelines for Multinational Enterprises; and;
• Xinjiang Supply Chain Business Advisory 

Department of the Treasury

• OFAC Recent Actions

Department of Labor

• Findings on the Worst Forms of Child Labor Report;
• List of Goods Produced by Child Labor or Forced Labor;
• Sweat & Toil: Child Labor, Forced Labor, and Human Trafficking Around the World and;
• Comply Chain.

Climate Issues

Implementation of Lithuania’s National Energy and Climate Plan (NECP) for 2021-2030 will require approximately EUR 14 billion. Most of the funds, around EUR 10.8 billion, will be used to implement the national energy independence objectives and Lithuania’s EU commitments on mitigating the impact on climate change. The NECP provides for the construction of resilient road surfaces, more resilient electricity infrastructure, and rainwater management. It subsidizes agricultural insurance and organic and climate-resilient farming. The NECP also includes measures on public health, management of extreme weather events, forestry, ecosystems, and biodiversity. Most of these funds will come from the EU and the national budget.

Lithuania has ambitious renewable energy targets for 2030. By building interconnections with the Western European electricity system, converting district heating systems to the use of biofuels, approving additional auctions for the production of solar and wind electricity, and by promoting “prosumer” (e.g. consumers who both produce and consume electricity) policies, Lithuania projects that 45% of its electricity will come from renewable energy sources by 2030. The U.S. Department of Energy signed an MOU with Lithuania’s Ministry of Energy in 2022. As part of that MOU, the Ministry of Energy will work with the U.S. National Renewable Energy Laboratory (NREL) to develop a plan to modernize the country’s electricity system infrastructure modelled after the Los Angeles 100% Renewable Energy Study (LA100). Lithuania will be the first country in the world to implement this model with the aim to achieve a transition of the Lithuanian energy sector to 100% renewable energy by 2050. The LT-100 study will help understand and plan for issues related to feasibility, reliability, public health, and equitable local economic development, including job opportunities and local hiring programs in renewable energy.

Conservation is also an element of Lithuania’s efforts to reduce emissions. Lithuania aims to reduce its energy consumption by one-fifth by 2030 through a combination of renovating public and residential buildings, promoting energy efficiency in industry and services, and promoting sustainable mobility. These efforts will also contribute to Lithuania’s national security objective of reducing dependence on imported fossil fuels.

By 2030, the government projects that 70% of rail freight will be transported by electric trains and 14% of passenger cars will be electric. This will lead to a drop in Lithuania’s total fuel consumption by 24% and reduce the country’s dependency on imported fuel. The government also projects that the use of cleaner technologies by Lithuanian industry and reductions in the use of mineral fertilizers will lead to an 8 hectare per year increase in forest growth. The government also plans to improve efficiency in agricultural production and hopes to bring down the use of energy and production resources in agriculture by 20% by 2030.

According to the NECP, the implementation of all the planned measures by 2030 will reduce GHG emissions by: 8.1% in the transport sector, 9.1% in agriculture, 9.8% in industry, and 52.4% in the waste sector.

Resources to Report Corruption

Special Investigation Service
Jakšto g. 6, 01105 Vilnius, Lithuania
Tel: 370-5266333
Fax: 370-70663307
Email: pranesk@stt.lt 

Sergejus Muravjovas, Executive Director
Transparency International
Didžioji st. 5, LT–01128,
Vilnius, Lithuania
Tel: 370 5 212 69 51
info@transparency.lt 
skype: ti_lithuania