Procedures for the Issuance of Export and Import Authorisations for Goods, Which Could be Used for Capital Punishment, Torture or Other Cruel, Inhuman or Degrading Treatment or Punishment

Issued pursuant to
Section 31, Paragraph one, Clause 3
of the Law On the Structure of the Cabinet

1. These Regulations prescribe the procedures for the issuance of export and import authorisations (hereinafter - authorisations) for goods, which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (hereinafter - goods), as well as the duties of the subjects of movement of goods arising from Council Regulation (EC) No. 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (hereinafter - Regulation No. 1236/2005).

2. The goods, which are referred to in Annexes 2 and 3 to Regulation No. 1236/2005, shall be subjected to control.

3. The Ministry of Economics shall issue the following documents:

3.1. authorisations for import of the goods referred to in Annex 2 to Regulation No. 1236/2005;

3.2. authorisations for export of the goods referred to in Annex 2 to Regulation No. 1236/2005; and

3.3. authorisations for export of the goods referred to in Annex 3 to Regulation No. 1236/2005.

4. The authorisations referred to in Paragraph 3 of these Regulations shall be signed by an authorised official of the Ministry of Economics (hereinafter - authorised official).

5. In order to receive an authorisation, an application submitter (hereinafter - applicant) shall submit to the Ministry of Economics an application for receipt of the authorisation (hereinafter - application) and the following documents:

5.1. a legal person:

5.1.1. an export transaction contract or a copy thereof;

5.1.2. a confirmation of the end-use - if the goods are going to be exhibited in a museum; and

5.1.3. a confirmation that the goods will be used for the declared purposes only and will not be utilised for torture;

5.2. a natural person:

5.2.1. an export transaction contract or a copy thereof;

5.2.2. a confirmation of the end use - if the goods are going to be exhibited in a museum; and

5.2.3. a confirmation that the goods will be used for the declared purposes only and will not be utilised for torture.

6. A confirmation of the end-use shall contain the following information:

6.1. the name, address, telephone and fax numbers of the end user of the goods;

6.2. the name or the given name, surname of the mediator of the transaction;

6.3. a reference to the contract by and between the exporter of goods and the end user of the goods;

6.4. the name of the state of end-use; and

6.5. a confirmation that the goods will be used for the declared purposes only and will not be utilised for torture.

7. An application and the documents necessary for receipt of an authorisation may be submitted to the Ministry of Economics in person or sent by post or electronic mail.

8. The authorised person shall examine an application within 15 working days after receipt thereof and take a decision regarding issuance of an authorisation or a decision regarding refusal to issue an authorisation.

9. If the information indicated in the submitted documents is incomplete or inaccurate, the authorised person is entitled to request additional information and to delay examination of the application until receipt of the information. In such case the application shall be examined within a time period of 15 working days from the date of receipt of the additional information.

10. In addition to the criteria indicated in Regulation No. 1236/2005, the authorised person shall take a decision regarding refusal to issue an authorisation to an applicant if:

10.1. false information has been provided in the application or the documents appended thereof; or

10.2. the information specified in these Regulations, which must be indicated in an application, has not been submitted or all necessary additional documents have not been submitted.

11. In order to extend the validity period of an authorisation, an applicant shall submit to the Ministry of Economics an application regarding extension of the validity period of the authorisation and the original of the issued authorisation. The authorised person shall take a decision regarding extension of the validity period of the authorisation or a decision regarding refusal to extend the validity period of the authorisation within 15 working days after receipt of the application.

12. The decision of the authorised person referred to in Paragraphs 8, 10 and 11 of these Regulations may be disputed in the Ministry of Economics. A decision of the Ministry of Economics may be appealed to a court in accordance with the procedures specified in the Administrative Procedure Law.

13. If an authorisation has been lost, the Ministry of Economics shall, after receipt of a written application, issue a duplicate of the authorisation.

14. A recipient of an authorisation shall submit the original of the authorisation to the Ministry of Economics within one month after the end of the validity period of the issued authorisation or in case if it is not intended to use the authorisation anymore.

15. Cabinet Regulation No. 620 of 25 July 2006, Procedures for the Issuance, Refusal or Cancellation of Export and Import Authorisation for Goods, which Could be Used for Capital Punishment, Torture or Other Cruel, Inhuman or Degrading Treatment or Punishment (Latvijas Vēstnesis [the official Gazette of the Government of Latvia], 2006, No. 123) is repealed.

Prime Minister I. Godmanis

Minister for Economics K. Gerhards

Annex
Cabinet Regulation No. 927
11 November 2008

Sample Application for Receipt of an Import or Export Authorisation

Application for Receipt of an Import/Export Authorisation (Underline the Appropriate Response)

(complete in block letters)

^* Details of the document "signature", "date" and "place for seal" shall not be completed if the electronic document has been drawn up in conformity with the regulatory enactments regarding the drawing up of electronic documents.

PLEASE SUBMIT THE COMPLETED APPLICATION TO THE MINISTRY OF ECONOMICS

(telephone number for further information 67013079, 67013299, 67013248)

Minister for Economics K. Gerhards

Translation © 2009 Valsts valodas centrs (State Language Center)