The Saeima1 has adopted and
and the President has proclaimed the following Law:
Law On
Long-Term Stabilisation Reserve
Chapter
I.
General Provision
Section 1. This Law prescribes the procedures for
creating a long-term stabilisation reserve, using, managing,
accounting of funds and preparing reports.
Chapter
II.
Creation of Long-Term Stabilisation Reserve
Section 2. The long-term stabilisation reserve shall be
created from:
1) the funds from the State basic budget in accordance with
Section 19 of the Fiscal Discipline Law;
2) the funds from the State basic budget which are to be paid
into the long-term stabilisation reserve in accordance with the
law on the State budget for the current year;
3) the funds which are acquired from transactions related to
the management of the funds of the long-term stabilisation
reserve.
Section 3. In conformity with Section 19 of the Fiscal
Discipline Law, the Cabinet shall take the decision to pay the
funds of the State basic budget into the long-term stabilisation
reserve in accordance with the provision laid down in Section 2,
Clause 1 of this Law after it has examined the report referred to
in Section 17 of this Law but not later than by 10 March of the
financial year following the reporting year.
Section 4. (1) The Treasury, within a time period of
three working days, shall:
1) after taking the decision referred to in Section 3 of this
Law, ensure the transfer of the funds to the long-term
stabilisation reserve account opened by the Bank of Latvia;
2) ensure the transfer of the revenues from transactions
related to the management of the funds of the long-term
stabilisation reserve to the long-term stabilisation reserve
account opened by the Bank of Latvia from the date when such
funds have been acquired.
(2) The Treasury shall ensure the transfer of those funds from
the State basic budget to the long-term stabilisation reserve
account opened by the Bank of Latvia which in accordance with the
law on the State budget for the current year are to be paid into
the long-term stabilisation reserve.
Chapter
III.
Procedures for Using the Funds of the Long-Term Stabilisation
Reserve
Section 5. The funds of the long-term stabilisation
reserve may be used only in the following cases:
1) for covering the financial deficit of the State basic
budget in the years when financial deficit has been planned for
the State basic budget of the relevant year by the medium term
budget framework law which has been formulated in accordance with
the Fiscal Discipline Law;
2) without prejudice to the provisions of Section 17,
Paragraph six of the Fiscal Discipline Law, for financing fiscal
risk reduction or prevention measures (including the financing of
those fiscal risk reduction or prevention measures which
correspond to the objectives laid down in Section 8.1
of the Law on Budget and Financial Management) if the funds
cannot be provided from other sources of funding or the provision
of funds is connected with exorbitant State budget
expenditures;
3) for providing short-term funding to the Treasury budget
accounts within the framework of cash management for a period not
exceeding 12 calendar months if the funds cannot be provided from
other sources of funding or the provision of funds is connected
with exorbitant State budget expenditures.
Section 6. The decision on the use of the long-term
stabilisation reserve funds shall be taken by the Cabinet upon
the proposal of the Minister for Finance.
Section 7. Within 10 working days after having taken
the decision referred to in Section 6 of this Law, the Treasury
shall ensure the transfer of the funds from the long-term
stabilisation reserve account to the State budget account in the
Bank of Latvia.
Chapter
IV.
Management of Funds
Section 8. The Treasury shall ensure the management of
the funds of the long-term stabilisation reserve. The Treasury
shall cover all payments related to the management of these funds
from the funds of the long-term stabilisation reserve.
Section 9. Funds of the long-term stabilisation reserve
shall be managed separately from the other funds of the State
budget, and the strategy for investment of these funds shall be
approved by the Minister for Finance.
Section 10. The following shall be determined for the
management of financial risks in the strategy for investment of
the funds of the long-term stabilisation reserve:
1) restrictions in relation to investment subjects and the
types of financial instruments admissible for making investments
using the credit ratings determined by internationally recognised
credit rating agencies;
2) restrictions of the structure of investment currencies;
3) restrictions of geographic and sectoral diversification of
investments and other restrictions for the management of
financial risks.
Section 11. It shall be allowed to invest the funds of
the long-term stabilisation reserve according to the restrictions
set out in the investment strategy of these funds:
1) in debt securities issued or guaranteed by State and
international financial institutions, except the debt securities
issued or guaranteed by the State of Latvia;
2) in debt securities issued or guaranteed by local
governments, except the debt securities issued or guaranteed by
local governments of Latvia;
3) in equity securities and debt securities issued by
commercial companies if they are admitted to trading on a
regulated market of at least one European Union Member State or
Member State of the European Economic Area, or Member State of
the Organisation for Economic Co-operation and Development;
4) in investments in the Bank of Latvia and in a credit
institution registered in a European Union Member State or Member
State of the European Economic Area, or Member State of the
Organisation for Economic Co-operation and Development;
5) in investment funds within the meaning of the Law on
Investment Management Companies and in the investment funds of a
Member State of the Organisation for Economic Co-operation and
Development.
Section 12. For the management of the long-term
stabilisation reserve and in order to manage financial risks
according to the restrictions set out in the investment strategy
of these funds, it shall be allowed to use derivative financial
instruments.
Chapter
V.
Accounting of Funds and Reports
Section 13. The Treasury shall ensure the accounting of
the long-term stabilisation reserve and that an annual report on
the long-term stabilisation reserve is prepared pursuant to the
regulatory enactments regarding accounting and reports.
Section 14. Once every quarter, until the tenth of the
month following the reporting period, the Treasury shall submit
to the Minister for Finance a report on performed
transactions.
Section 15. The annual report on the long-term
stabilisation reserve and investments thereof shall be an
integral part of the report of the financial year on the
implementation of the State budget and the budgets of local
governments (hereinafter - the report on the financial year) and
shall be subject to the same control as the report on the
financial year.
Section 16. The reports referred to in Sections 13 and
14 of this Law shall not be prepared and submitted for a
reporting period in which the financial data value to be
indicated is equal to zero.
Section 17. (1) Once a year, until 1 March of the
financial year following the reporting year, the Ministry of
Finance shall prepare and the Minister for Finance shall submit
for examination by the Cabinet a report:
1) regarding the revenues of the State basic budget and the
result of the implementation of the State basic budget in the
reporting year;
2) regarding the revenues of the long-term stabilisation
reserve, financial transactions and payments related thereto and
the measures financed from the long-term stabilisation reserve in
the reporting year.
(2) The Cabinet shall submit the report referred to in
Paragraph one of this Section to the Saeima by 1 April of
the financial year following the reporting year.
Transitional
Provisions
1. With the coming into force of this Law, the Law on
Long-Term Stabilisation Reserve (Latvijas Republikas Saeimas
un Ministru Kabineta Ziņotājs, 2008, No. 24; 2009, No. 14),
is repealed.
2. The Ministry of Finance shall prepare and the Minister for
Finance shall submit for examination by the Cabinet the report
referred to in Section 17 of this Law on the period beginning
with 1 January 2014.
3. The reports referred to in Sections 13 and 14 of this Law
shall be prepared beginning with the reporting period when the
Treasury in accordance with Section 4, Paragraph one of this Law
has ensured the transfer of funds to the long-term stabilisation
reserve account.
This Law has been adopted by the Saeima on 24 April
2014.
President A.Bērziņš
Riga, 14 May 2014
1 The Parliament of the Republic of
Latvia
Translation © 2017 Valsts valodas centrs (State
Language Centre)