Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
12 March 2009 [shall come
into force on 15 April 2009];
20 May 2010 [shall come into force on 23 June
2010];
14 July 2011 [shall come into force on 11 August
2011];
22 September 2011 [shall come into force on 1 October
2011];
31 March 2016 [shall come into force on 27 April
2016];
21 March 2019 [shall come into force on 28 March
2019];
9 July 2020 [shall come into force on 23 July
2020];
7 January 2021 [shall come into force on 2 February
2021];
30 September 2021 [shall come into force on 1 January
2023].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
Law on the
Circulation of Goods of Strategic Significance
Chapter I
General Provisions
Section 1. Terms Used in this
Law
The following terms are used in this Law:
1) goods of strategic significance - systems,
equipment, the components thereof, materials, chemical
substances, items, software, technology, and services specified
in Annex 1 to Council Regulation (EC) No 428/2009 of 5 May 2009
setting up a Community regime for the control of exports,
transfer, brokering and transit of dual-use items (hereinafter -
Regulation No 428/2009), Annex 2 to Council Regulation (EU) No
833/2014 of 31 July 2014 concerning restrictive measures in view
of Russia's actions destabilising the situation in Ukraine
(hereinafter - Regulation No 833/2014), the Common Military List
of the European Union, and the National List of Goods and
Services of Strategic Significance of the Republic of Latvia;
2) circulation of goods of strategic significance - the
transfer of goods of strategic significance among the European
Union Member States, export (including technology export in an
intangible form - orally, by telephone or means of electronic
communication), import, transit, distribution, production,
development, storage, use, technical maintenance, repair and
intermediary transactions;
3) entities for the circulation of goods of strategic
significance - natural persons and legal persons who export,
import, transfer or transport in transit, transfer from one
European Union Member State to another, perform intermediary
transactions or produce, develop, use, distribute, maintain or
store goods of strategic significance;
4) licence for goods of strategic significance - a
document issued by a competent control authority that gives the
entity for the circulation of goods of strategic significance the
right to transfer goods of strategic significance among European
Union Member States or to perform transactions of export, import
or transit of goods of strategic significance with countries that
are not European Union Member States;
5) end-use statement - a document (certificate)
approved by a competent control authority, with which an entity
for the circulation of goods of strategic significance prior to
the receipt of goods declares to the consigner of the goods, that
the goods of strategic significance received shall only be used
for the purposes indicated, shall not be used in relation to
weapons of mass destruction or the means for delivery thereof and
shall not be handed over to third persons;
6) delivery verification certificate - a document which
a control authority of the importing country shall issue to a
control authority of the exporting country and with which the
import of goods of strategic significance shall be declared;
7) international import certificate - a document which
a control authority of the importing country shall issue to a
control authority of the exporting country, attesting their
agreement to the import of goods of strategic significance and an
undertaking to control the end-use of the goods;
8) mediator for transactions with goods of strategic
significance - a natural person or legal person, a merchant
registered in the Commercial Register or a commercial company or
undertaking registered in a foreign country by a citizen or
long-term resident of the Republic of Latvia, that performs
intermediary transactions with goods of strategic
significance;
9) intermediary transaction with goods of strategic
significance - any intermediary transaction with goods of
strategic significance that is associated with the transfer of
goods of strategic significance, including the transfer from one
third country to another;
10) identification of goods of strategic significance -
activities that are performed in order to appropriately determine
the compliance of the goods specified in the lists of goods of
strategic significance with the information referred to in the
accompanying documents of goods or for the physical control of
customs goods;
11) specialist for the identification of goods of strategic
significance - a person appointed by the Committee for
Control of Goods of Strategic Significance (hereinafter -
Committee) who, using his or her special competence and work
skills, shall perform the identification of goods of strategic
significance;
12) expert-examination of goods of strategic
significance - activities that are performed in order to
establish whether any of the features of the goods to be checked
or the overall features comply with the goods referred to in the
lists of goods of strategic significance;
13) expert of goods of strategic significance - a
person with special competence in the field of science,
technology or the military field, who has been appointed as an
expert by the competent authority of the relevant sector upon
request of the Committee.
[12 March 2009; 20 May 2010; 31 March 2016]
Section 2. Purpose of this Law
(1) The purpose of this Law is to ensure controlled
circulation of goods of strategic significance according to the
national and international interests of the Republic of Latvia,
the requirements of international export control regimes and to
deflect the proliferation of nuclear, chemical, and biological
weapons and other weapons of mass destruction, and also to
deflect the threat of international terrorism.
(2) The circulation of goods of strategic significance shall
take place in accordance with this Law, the international
obligations of the Republic of Latvia, the requirements of
international export control regimes - the Australia Group, the
Wassenaar Arrangement, the Missile Technology Control Regime and
the Nuclear Suppliers Group -, as well as Regulation No 428/2009
and other laws and regulations governing the circulation of goods
of strategic significance.
[12 March 2009; 20 May 2010]
Chapter
II
Transfer, Export, Import, and Transit of Goods of Strategic
Significance
Section 3. General Provisions
(1) The National List of Goods and Services of Strategic
Significance of the Republic of Latvia shall be determined by the
Cabinet.
(2) A licence for the goods of strategic significance issued
by the Committee shall be necessary for each export, import, or
transit consignment of the goods specified in the Common Military
List of the European Union, Annex 1 to Regulation No 428/2009,
and the National List of Goods and Services of Strategic
Significance of the Republic of Latvia, for each export
consignment of the goods specified in Annex 2 to Regulation No
833/2014, including sales, supplies, transfers, and also among
European Union Member States for each transfer of the goods
specified in the Common Military List of the European Union,
Annex 4 to Regulation No 428/2009, and the National List of Goods
and Services of Strategic Significance of the Republic of
Latvia.
[20 May 2010; 31 March 2016]
Section 4. Exceptions for the
Issuance of a Special Permit (Licence) for Commercial Activities
with the Goods Referred to in the Common Military List of the
European Union, a License for the Import, Export, Transfer, and
Transit
(1) A licence for the import of goods of strategic
significance shall not be necessary if the institutions under
subordination or supervision of the Ministry of Justice, the
Ministry of the Interior or the Ministry of Defence transfer the
goods referred to in the Common Military List of the European
Union from another European Union Member State or country of the
European Economic Area or import them without the intermediation
of merchants. A licence for the export of the goods of strategic
significance shall not be necessary if the institutions under
subordination or supervision of the Ministry of Justice, the
Ministry of the Interior or the Ministry of Defence transfer the
goods referred to in the Common Military List of the European
Union to another European Union Member State or the country of
the European Economic Area or export them without the
intermediation of merchants and if the abovementioned goods are
necessary to such institutions within the scope of missions of
the North Atlantic Treaty Organisation, the European Union, the
United Nations Organisation, or the Organisation for Security and
Cooperation in Europe. A licence for the export of the goods of
strategic significance shall not be necessary if the institutions
under subordination or supervision of the Ministry of Justice,
the Ministry of the Interior or the Ministry of Defence bring out
the goods referred to in the Common Military List of the European
Union for repair to a European Union Member State, the country of
the European Economic Area or North Atlantic Treaty Organisation
member country.
(11) A special permit (licence) for commercial
activities with the goods referred to in the Common Military List
of the European Union shall not be necessary for the Constitution
Protection Bureau, institutions under the subordination or
supervision of the Ministry of the Interior and the Ministry of
Defence, the Latvian Prison Administration, and Latvijas
Banka.
(2) For the transit of goods of strategic significance, being
performed by a broker or forwarder registered in the Commercial
Register of the Republic of Latvia, a licence for the transit of
goods of strategic significance shall be necessary.
(21) Natural persons are prohibited from acquiring,
storing, and using the goods referred to in the Common Military
List of the European Union, except for firearms, parts
specifically made for them and their accessories, ammunition, and
also ammunition loading devices that are not specially
manufactured or modified for military needs.
(3) A transit licence shall not be necessary if the transit of
goods of strategic significance is being performed by a forwarder
registered in a foreign country and an export licence or export
permit issued by institutions of the exporting country is affixed
to the freight, or a document equivalent to these and an import
licence of the importing country or an international import
certificate, or end-use statement thereto.
(4) In the case referred to in Paragraph three of this
Section, customs shall detain the freight, verify it and send the
abovementioned documents by fax or e-mail to the Committee. The
Committee shall, within one working day, perform identification
of the goods and inform customs of a decision to allow the
transit of the freight, detain the freight for additional
expert-examination, or send it back to the exporting country.
(5) The special permit (licence) referred to in Section 5,
Paragraph two of the Law and issued by the Ministry of Defence
for commercial activity with the goods referred to in the Common
Military List of the European Union shall not be necessary in
cases when the applicant for a licence for the transfer, export,
import or transit of military goods referred to in the Common
Military List of the European Union is a natural person who
wishes to transfer, export, import firearm accessories for his or
her own needs, which are not specifically provided for or adapted
for military use, but are provided for mounting on firearms owned
by him or her.
(6) An import licence for the goods of strategic significance
is not required if the goods specified in Annexes IIa-IIf to
Regulation No 428/2009 are imported from the countries specified
in those Annexes.
(61) A transit licence for the goods of strategic
significance is not required if the goods specified in Annex IIa
to Regulation No 428/2009 are transferred in transit to the
countries specified in that Annex.
(62) A transit licence for the goods of strategic
significance is not required if the goods specified in Annex IIa
to Regulation No 428/2009 are transferred in transit from the
countries specified in that Annex and an export licence issued by
the institutions of the exporting country is affixed to the
goods.
(7) A licence for the transit of goods of strategic
significance shall not be necessary if the goods referred to in
the Common Military List of the European Union are moved in
transit from one European Union Member State to another European
Union Member State and an export licence issued by the
institutions of the exporting country and an import licence
issued by the institutions of the importing country are affixed
to the goods.
[14 July 2011; 31 March 2016; 21 March 2019; 7 January
2021; 30 September 2021]
Section 5. Special Provisions for
the Separate Issuance of Licences for Goods of Strategic
Significance
(1) Upon receipt of a licence for the transfer, export,
import, or transit of a source of ionising radiation (including
nuclear material) an entity for the circulation of goods of
strategic significance shall require a special permit (licence)
issued by the Radiation Safety Centre of the State Environmental
Service for activities with sources of ionising radiation.
(2) Upon receipt of a licence for the transfer, export,
import, or transit of military goods referred to in the Common
Military List of the European Union, an entity for the
circulation of goods of strategic significance shall require a
special permit (licence) issued by the Ministry of Defence for
commercial activities with the goods referred to in the Common
Military List of the European Union.
(3) The procedures for issuing, re-registering, cancelling,
and suspending activities of the special permits (licences)
referred to in Paragraph two of this Section, and also the amount
of the State fee to be paid for the issuance thereof shall be
determined by the Cabinet.
(4) Individual merchants or commercial companies registered in
the Republic of Latvia are entitled to receive a special permit
(licence) issued by the Ministry of Defence for commercial
activities with the goods specified in the Common Military List
of the European Union if their shareholders (natural persons),
except for stockholders whose participation in the equity capital
of the company is less than 10 per cent of the equity capital of
the company, beneficial owners, procuration holders, heads, and
persons that hold office in administrative bodies, and also
employees who are directly related to the manufacture, repair,
distribution, storage, transportation of the military goods
referred to in the Common Military List of the European Union,
the provision of services or guarding related thereto, conform to
the following requirements:
1) they are citizens of the Republic of Latvia, citizens of a
European Union Member State, citizens of a country of the
European Economic Area, citizens of a North Atlantic Treaty
Organisation member country, or citizens of a country not
mentioned above if they have obtained the permission of the
Cabinet and they have attained the age of at least 21 years;
2) they have not been punished for committing an intentional
criminal offence - at least one year after a conviction being
extinguished or removed;
3) a psychiatrist's opinion that they have not been diagnosed
with mental disorders is available;
4) a narcologist's opinion that they have not been diagnosed
with addiction to alcohol, narcotic, psychotropic, or toxic
substances is available;
5) they have not been subject to administrative penalties for
violations committed under the influence of alcohol, narcotic,
psychotropic, toxic or other intoxicating substances and also
have not been subject to administrative penalties for violations
of the rules of acquisition, possession, and carrying of weapons
and ammunition - until a year has passed after enforcement of the
administrative penalty;
6) there is no information at the disposal of the State
security institutions that their activities are directed against
State security, related to organised crime or other criminally
punishable activities, and also there is no information that
would attest to their affiliation to prohibited military or armed
groups, public organisations (parties) or the unions thereof, or
religious organisations whose activities are directed against
State security;
7) they have not been convicted, even if the criminal record
has been extinguished or removed, for the criminal offences
referred to in Chapters IX, IX.1, X, Sections 116,
117, 118, Section 175, Paragraph four (theft of narcotic,
psychotropic, powerfully acting, toxic or radioactive substances,
or explosives, firearms or ammunition), Section 176, Paragraph
three (robbery of narcotic, psychotropic, powerfully acting,
poisonous or radioactive substances, or explosive substances,
firearms or ammunition), Section 176, Paragraph four (robbery if
it has been committed using firearms or explosives), Section 177,
Paragraph three (fraud if it has been committed, acquiring
narcotic, psychotropic, powerfully acting, poisonous or
radioactive substances or explosive substances, firearms or
ammunition), Section 179, Paragraph three (misappropriation of
narcotic, psychotropic, powerfully acting, poisonous or
radioactive substances or explosive substances, firearms or
ammunition), and Sections 233, 234, 236, and 237 of the Criminal
Law;
8) they have not been released from criminal liability in
accordance with Section 58 of the Criminal Law for committing an
intentional criminal offence - until a year has passed after
entering into effect of the relevant decision;
9) they have not been conditionally released from criminal
liability in accordance with Section 58.1 of the
Criminal Law for committing an intentional criminal offence -
before the end of the probationary period;
10) they have not been released from punishment or serving a
sentence in accordance with Section 59 of the Criminal Law for
committing an intentional criminal offence - until a year has
passed after entering into effect of the decision to release from
punishment or from serving the sentence.
(41) Upon issuing the special permit (licence) for
commercial activities with the goods referred to in the Common
Military List of the European Union, the Ministry of Defence
shall indicate the goods referred to in the Common Military List
of the European Union with which the individual merchant or
commercial company has the right to conduct commercial
activities.
(5) A special permit (licence) issued by the Ministry of
Defence for commercial activities with the goods referred to in
the Common Military List of the European Union following payment
of the State fees stipulated by the Cabinet shall be issued for
an indefinite period of time and it shall be re-registered each
year with the Ministry of Defence.
(6) The Ministry of Defence is entitled not to issue a special
permit (licence), refuse its re-registration, suspend its
activities for a period of time of up to two months, or cancel
it, if:
1) a merchant has been found guilty by judgment of a court for
involvement in an illegal organisation, fraudulent activities in
the field of finance or in the legalisation of illegally acquired
resources;
2) a merchant has been declared by judgment of a court as
insolvent, his or her economic activities have been suspended or
terminated, or court proceedings have commenced regarding the
bankruptcy of the merchant;
3) based on the judgment of a court in force or an opinion
provided by another competent authority regarding significant
violation of the laws and regulations governing the relevant
sector, and also significant violation of environmental
protection, competition and employment law, violations of the
professional activities of the merchant have been determined
within the last three years until examination of the relevant
decision of the Ministry of Defence;
4) it has been determined that the merchant has provided false
information in order to receive or re-register a special permit
(licence);
5) the merchant does not conform with the requirements of
Paragraph four of this Section;
6) the provisions of this Law or other laws and regulations or
the conditions incorporated in the special permit (licence) have
been violated;
7) it is determined by another law or a court ruling;
8) the participants (legal persons) of the merchant are
registered in a country other than the Republic of Latvia or a
European Union Member State, a country of the European Economic
Area, or a North Atlantic Treaty Organisation member country and
the relevant permission of the Cabinet has not been received;
9) the special permit (licence) of a merchant or a merchant
under the control of its beneficial owner has been cancelled in
respect of commercial activity with weapons, ammunition, or
pyrotechnic articles, explosives and explosive devices in
accordance with the Law on the Handling of Explosives for Civil
Uses, the Law on the Handling of Weapons, or the Law on the
Circulation of Pyrotechnic Articles and a year has not passed
since its cancellation;
10) the merchant or its beneficial owner, including another
merchant under its control, violates restrictions incorporated in
international treaties, or there is information at the disposal
of the State security institutions that its activities are
directed against State security, are related to organised crime,
or there are any other criminally punishable activities;
11) the merchant does not own or the commercial company does
not have in its possession or use premises in which the merchant
stores or plans to store (in the event of issuing the special
permit (licence)) the goods referred to in the Common Military
List of the European Union, or if the abovementioned entity has
not entered into a relevant storage contract.
(7) On the transfer of goods of strategic significance from
one third country to another, an intermediary transaction may
only be performed with a licence for the transit of goods of
strategic significance issued by the Committee. If the relevant
goods are referred to in the Common Military List of the European
Union, the transaction shall require a special permit (licence)
issued by the Ministry of Defence for commercial activities with
the goods referred to in the Common Military List of the European
Union.
(8) The procedures by which a merchant shall store the
military ammunition, military pyrotechnics, military explosives,
and explosive devices referred to in the Common Military List of
the European Union, and also the requirements for warehouses of
the abovementioned goods shall be determined by the Cabinet.
(9) In order to receive a licence for the transfer, export,
import or transit of explosives or explosive devices intended for
blasting works, an entity for the circulation of goods of
strategic significance in accordance with the Law on the Handling
of Explosives for Civil Uses shall require a special permit
(licence) issued by the State Police.
(10) In order to receive a licence for the transfer, export,
import, or transit of Category A automatic firearms, Categories
B, C, and D weapons for hunting, sports, and self-protection and
the parts and ammunition of the abovementioned firearms, high
energy pneumatic weapons, and also Categories F2, F3, and F4
firework articles and Category T2 theatrical pyrotechnic
articles, an entity for the circulation of goods of strategic
significance in accordance with the Law on the Handling of
Weapons and Special Means and the Law on the Circulation of
Pyrotechnic Articles shall require a special permit (licence)
issued by the State Police.
(11) The Committee shall coordinate the issuance of a licence
for the transfer, export, import, or transit of goods of
strategic significance with the administrative institution of the
State that has issued a special permit (licence) provided for in
Paragraph one, two, nine, or ten of this Section. The relevant
administrative institution of the State shall, within three
working days after receipt of a request from the Committee, grant
approval or a justified refusal for the issuance of a
licence.
(12) The Committee shall issue the general export and general
transit licences to entities of goods of strategic significance
which have not been punished for violations of this Law and which
export the same goods to the same end-users. The term of validity
of general export licences shall be one year. The procedures for
issuing general export licences shall be determined by the
Cabinet.
(13) A decision to refuse to issue a special permit (licence),
to suspend or cancel the operation of a special permit (licence)
may be contested and appealed in accordance with the procedures
laid down in the Administrative Procedure Law. Contesting and
appeal of a decision to suspend or cancel the operation of a
special permit (licence) shall not suspend its operation.
(14) Entities for the circulation of goods of strategic
significance that have received the special permit (licence)
issued by the Ministry of Defence are entitled to receive a
certificate of military manufacturer for a specific period of
time not exceeding five years. The Cabinet shall determine the
procedures for issuing the certificate.
(15) The Ministry of Defence shall issue a decision to the
military manufacturer containing special conditions for the
manufacture of specific goods of strategic significance in
accordance with the requirements laid down in the Law on the
Handling of Weapons and shall control the compliance with the
conditions.
(16) The decision referred to in Paragraph fifteen of this
Section may be contested and appealed in accordance with the
procedures laid down in the Administrative Procedure Law. The
contesting or appeal of a decision shall not suspend the
operation thereof.
(17) The Ministry of Defence is entitled to control the
operation and survey depositories of such merchants which have
received the special permit (licence) issued by the Ministry of
Defence for commercial activities with the goods referred to in
the Common Military List of the European Union.
(18) Merchants who have received the special permit (licence)
issued by the Ministry of Defence for commercial activities with
the goods referred to in the Common Military List of the European
Union shall submit to the Ministry of Defence by 31 January of
each year a report for the previous year on the types of
commercial activities, export, import, and production volumes,
marketing activities, transactions carried out and planned
transactions. The Cabinet shall determine the content of the
report and the procedures for its submission.
[12 March 2009; 20 May 2010; 14 July 2011; 22 September
2011; 31 March 2016; 7 January 2021 / The new wording of
Paragraph four, Clauses 8, 9, 10, 11 of Paragraph six, and
Paragraph eighteen shall come into force on 1 June 2021. See
Paragraph 13 of Transitional Provisions.]
Section 5.1 Circulation
of the Equipment, Devices, or Instruments and their Components
and Software Specially Designed or Adapted for the Operational
Activity Measures to be Performed by a Specific Method or for
Interfering with Them
(1) Natural persons are prohibited to acquire, store, and use
equipment, devices, or instruments and their components specially
designed or adapted for the operational activity measures to be
performed by a specific method or for interfering with them
(hereinafter - the special equipment) and software referred to in
the National List of Goods and Services of Strategic Significance
of the Republic of Latvia.
(2) In order to store, manufacture, transport, sell, and
service the special equipment and software, and also in order to
receive a licence for the export, import, transit, and transfer
of such goods, the entity for the circulation of goods of
strategic significance must have a special permit (licence) of
the State Security Service for commercial activities with the
special equipment and software referred to in the National List
of Goods and Services of Strategic Significance.
(3) An individual merchant or commercial company is entitled
to receive the special permit (licence) referred to in Paragraph
two of this Section, if there is no information at the disposal
of the State security institutions that the activities of the
relevant merchant are directed against the security of the
Republic of Latvia or that this merchant violates the
restrictions incorporated in international treaties or prescribed
by international organisations, and if the shareholders, heads,
persons that hold office in administrative bodies, and also
employees who are directly related to the activities referred to
in the special permit (licence) (hereinafter - the user), conform
to the following requirements:
1) the user is a citizen of the Republic of Latvia or a
citizen of a European Union Member State, or a citizen of a
country of the European Economic Area who has attained at least
21 years of age;
2) the user has not been sentenced for the committing of a
criminal offence or at least three years after a conviction being
extinguished or removed have passed;
3) a psychiatrist's opinion that the user has not been
diagnosed with mental disorders is available;
4) a narcologist's opinion that the user has not been
diagnosed with addiction to alcohol, narcotic, psychotropic, or
toxic substances is available;
5) within the period of the last year the user has not been
administratively punished for violations committed under the
influence of alcohol, narcotic, psychotropic, or toxic
substances;
6) the State Police, the Office of the Prosecutor, or State
security institutions do not have information that would attest
affiliation of the user to prohibited military or armed groups,
associations, foundations, political parties or the unions
thereof, trade unions or the unions thereof, and also religious
organisations;
7) the user has a declared (registered) place of
residence;
8) the user has not been convicted for intentional committing
of a criminal offence.
(4) The procedures for issuing, re-registering, cancelling,
and suspending the operation of the special permits (licences)
referred to in Paragraph two of this Section shall be determined
by the Cabinet. A State fee shall be collected for the issuance
and re-registration of special permits (licences). The amount of
the State fee and the payment procedures shall be determined by
the Cabinet.
(5) The special permit (licence) referred to in Paragraph two
of this Section and the export, import, transit, or transfer
licence shall not be required for hardware and software necessary
to the bodies performing operational activities or electronic
communications merchants for the fulfilment of the duties
specified for them in laws and regulations.
(6) The special permit (licence) issued by the State Security
Service for commercial activities with the special equipment and
software referred to in the National List of Goods and Services
of Strategic Significance of the Republic of Latvia, after
payment of the State fee stipulated by the Cabinet, shall be
issued for an indefinite period of time. The special licence
(permit) shall be re-registered with the State Security Service
each year.
(7) The State Security Service is entitled not to issue a
special permit (licence), to refuse its re-registration, to
suspend its operation for a period of time of up to two months,
or to cancel it if:
1) a merchant has been found guilty by judgment of a court for
involvement in an illegal organisation, fraudulent activities in
the field of finance or in the legalisation of illegally acquired
resources;
2) a merchant has been declared by judgment of a court as
insolvent, his or her economic activities have been suspended or
terminated, or court proceedings have commenced regarding the
bankruptcy of the merchant;
3) it is established by a court judgment that has entered into
effect or by an opinion of another competent authority that the
merchant has significantly violated the laws and regulations
governing environmental protection, competition and labour law,
and also its professional activity within a time period of three
years after submitting the application;
4) it has been determined that the merchant has provided false
information in order to receive a special permit (licence) or to
extend the term of validity thereof;
5) the merchant does not conform to the requirements of
Paragraph three of this Section;
6) the provisions of this Law or other laws and regulations or
the conditions incorporated in the special permit (licence) have
been violated.
(8) In order to receive a licence for the import, export,
transit, or transfer of the equipment which is referred to in the
National List of Goods and Services of Strategic Significance of
the Republic of Latvia and provided for interception of analogue,
digital, or mobile telecommunications conversations or other
information from technical or communications channels, a merchant
who has been issued a special permit (licence) of the State
Security Service for commercial activities with the special
equipment and software shall submit a contract to the Committee
which has been entered into thereby with any of the bodies
performing operational activities of the Republic of Latvia, or
an end-use statement issued by such foreign authority with which
the transaction is performed.
(9) The procedures for the circulation of the special
equipment and software shall be determined by the Cabinet.
(10) Only circulation of such special equipment and software
shall be permitted in the Republic of Latvia which have been
certified with the State Security Service in accordance with the
procedures determined by the Cabinet. A State fee shall be
collected for the certification of the special equipment and
software. The Cabinet shall determine the procedures for the
certification of the special equipment and software and also the
procedures by which the State fee for the certification of the
special equipment and software shall be paid and the amount of
such fee.
(11) For service use the State Security Service shall create a
collection of the special equipment for the needs of
technological and comparative research, aggregating therein the
special equipment which has been purchased or gifted, confiscated
or alienated, including self-made, specially adapted, or
otherwise created special equipment. The special equipment shall
be included in such collection by a decision of the State
Security Service.
[12 March 2009; 20 May 2010; 31 March 2016; 9 July
2020]
Section 6. Licensing and Handling of
Goods Not Referred to in the Lists of Goods of Strategic
Significance
The procedures for the licensing and handling of goods not
referred to in the lists of goods of strategic significance shall
be determined by the Cabinet.
Chapter
III
Issuance and Use of Expert Statements, End-use Statements,
Delivery Verification Certificates, and Licences for the
Transfer, Export, Import, and Transit of Goods of Strategic
Significance, and Documents of Prior Consent
[12 March 2009]
Section 7. General Provisions for
the Issuance and Use of Expert Statements, End-use Statements,
Delivery Verification Certificates, and Licences for the
Transfer, Export, Import, and Transit of Goods of Strategic
Significance, and Documents of Prior Consent
(1) Expert statements, end-use statements, import
certificates, delivery verification certificates, and licences
for goods of strategic significance shall be issued by the
Committee to entities for the circulation of goods of strategic
significance upon their request. A State fee shall be collected
for the issuance of the abovementioned documents.
(2) The requirements for the issuance, suspension, and
cancellation of a document of prior consent for the transfer of
firearms and ammunition or explosives among European Union Member
States shall be determined by the Cabinet.
(3) A State fee for the issuance of the documents referred to
in Paragraph one of this Section need not be paid if the goods of
strategic significance:
1) are brought in or brought out temporarily (for repair,
exhibitions, or commercial samples);
2) are brought in or brought out from the country by the
authorities and institutions financed by the State budget;
3) are brought out by an entity for the circulation of the
goods of strategic significance which is the manufacturer of such
goods and a certification has been submitted to the Committee
that the goods have been manufactured in the Republic of
Latvia.
(4) The Cabinet shall determine the procedures by which an
expert statement, an end-use statement, and an import certificate
shall be issued or refused to be issued, the procedures by which
a licence for the transfer, export, import, and transit of goods
of strategic significance and a delivery verification certificate
shall be issued, refused to be issued, suspended, or cancelled,
and also the amount of the State fee to be paid for the issuance
of such documents and the procedures for payment thereof.
[12 March 2009; 20 May 2010; 31 March 2016]
Section 8. International Import
Certificate and End-use Statement of the Republic of Latvia
(1) If the export control authorities of an exporting country
request an international import certificate or an end-use
statement of the Republic of Latvia, an entity for the
circulation of goods of strategic significance shall submit a
request to the Committee for the receipt of the abovementioned
documents.
(2) An international import certificate of the Republic of
Latvia shall not replace the licence for the import of goods of
strategic significance.
Section 9. International Import
Certificate and End-use Statement of Foreign Countries
(1) In order to receive a licence for the export or transit of
goods of strategic significance, an entity for the circulation of
goods of strategic significance shall submit to the Committee an
international import certificate of the importing country or an
end-use statement of the goods, or an equivalent document.
(2) If an international import certificate, an end-use
statement or an equivalent document of a foreign country is not
in the English language, the entity for the circulation of goods
of strategic significance shall submit to the Committee a
notarised translation into the official language thereof.
(3) Based on the information on the end-user of goods of
strategic significance and the nature of the goods, the Committee
is entitled to define exceptions when an international import
certificate, an end-use statement, or an equivalent document of a
foreign country thereto shall not be necessary. The
abovementioned documents shall not be necessary for repeat
requests for licences for export or transit transactions with one
and the same goods for the same end-user.
(4) If an importer of goods of strategic significance
represents a government, a confirmation from the Ministry of
Foreign Affairs of the relevant country shall be necessary that
the importer is entitled to operate in the name of the State.
(5) End-use statements issued by the export or transit
mediators shall not be sufficient grounds for the receipt of a
licence for the export or transit of goods of strategic
significance.
Section 10. Delivery Verification
Certificate
(1) If the export control authorities of an exporting country
of goods of strategic significance request a delivery
verification certificate, the importer shall submit the relevant
application to the Committee and present a customs declaration
that confirms that the goods are imported into the territory of
the Republic of Latvia.
(2) Based on the documentation referred to in Paragraph one of
this Section, the Committee shall issue a delivery verification
certificate.
Section 11. Identification of Goods
and Expert Statements
(1) If an entity for goods of strategic significance or State
institution related to the control of the circulation of goods of
strategic significance has to clarify whether or not the relevant
goods are goods of strategic significance, the accompanying
documents of the goods shall be sent by means of electronic
communication to the Committee's specialist for the
identification of goods of strategic significance. The
specialist, based on the documents and other available
information, and also his or her special competence, shall take a
decision and make one of the following marks on the
documents:
1) a licence shall be necessary for the goods;
2) a licence shall not be necessary for the goods;
3) additional information is necessary for the identification
of the goods;
4) an expert-examination of the goods shall be necessary;
5) the goods are related to weapons of mass destruction - a
licence shall be necessary.
(2) The Committee is entitled to request the technical
indicators of the goods, the results of laboratory testing or
experiments, equipment certificates, chemical formulae and other
information or samples of goods that enable the determination of
whether or not the relevant goods are goods of strategic
significance.
(3) If the goods for export, import, or transit are complex
chemical substances, technology, software, materials or equipment
which according to the description of the goods, in accordance
with the combined nomenclature, the intended use or other
features could be goods of strategic significance, the
specialists for the identification of goods of strategic
significance appointed by the Committee within 30 working days
after receipt of a request from an entity for the circulation of
goods of strategic significance shall determine whether or not
they are goods of strategic significance. If an
expert-examination of the goods is necessary, this deadline may
be extended, based on the Committee's decision. If it is
ascertained that the relevant goods are not goods of strategic
significance, the Committee shall issue the relevant statement to
the entity for the circulation of goods of strategic
significance.
(4) An expert-examination of goods of strategic significance
upon request of an authority for the control of goods of
strategic significance or the Committee shall be ensured as
follows:
1) for goods referred to in the Common Military List of the
European Union, pyrotechnics and explosives - experts appointed
by the Ministry of Defence or the State Police;
2) for nuclear materials, nuclear technology, and sources of
ionising radiation - experts appointed by the Radiation Safety
Centre of the State Environmental Service;
3) for chemical substances - experts appointed by the State
Environmental Service;
4) biological agents and equipment - experts appointed by the
Ministry of Welfare;
5) for investigatory operational measures to be performed by a
specific method, specially designed or adapted equipment,
devices, and instruments and their components and software -
experts appointed by the State Security Service.
(5) If necessary, the Committee is entitled to invite other
specialists from specific sectors of Latvia and foreign countries
as experts for the identification of goods.
(6) The Committee shall take decisions based on the opinions
of the experts invited by the Committee.
(7) The costs for the expert-examination of goods of strategic
significance shall be covered by the entity for goods of
strategic significance.
[20 May 2010; 31 March 2016; 9 July 2020]
Chapter
IV
Control Authorities for Goods of Strategic Significance
Section 12. Committee
(1) The Committee is the national authority of the Republic of
Latvia for the control of the circulation of goods of strategic
significance.
(2) The personnel of the Committee shall be determined by the
Cabinet. The Committee shall be subordinate to the Minister for
Foreign Affairs and operate in accordance with the by-laws
approved by the Cabinet and this Law.
(3) The Committee shall independently or in cooperation with
other authorities of the Republic of Latvia, or with the
participation of institutions for international inspection or the
control of foreign country exports, perform the control of the
circulation of goods of strategic significance.
(4) The Committee is entitled to cancel the licences for the
goods of strategic significance or international import
certificates already issued and not to issue them henceforth for
the entities for the circulation of the goods of strategic
significance which repeatedly do not conform to the requirements
of this Law or on which the Committee has information at its
disposal that the particular goods may be fully or partially used
in relation to the development, manufacturing, handling,
operation, maintenance, storage, detection, identification, or
distribution of chemical weapons, biological weapons, or nuclear
weapons, and also the development, manufacturing, maintenance,
and storage of such missiles that are capable of delivering such
weapons.
(5) The Committee shall, without delay, inform the State
Security Service and the State Revenue Service if it is possible
that the goods to be exported or transferred by transit may be
used in relation to the weapons of mass destruction or their
means of delivery or if international sanctions or embargoes are
in force in relation to such country of the end-use of these
goods. After receipt of information the State Revenue Service or
the State Security Service shall, according to their competence,
perform verification, take a decision, and inform the Committee
of the decision taken.
(6) The Constitution Protection Bureau, the State Revenue
Service, and the State Security Service shall, upon request of
the Committee, provide thereto a risk factor analysis regarding
separate transactions with goods of strategic significance.
(7) The Committee shall ensure the protection of the
information at its disposal in accordance with the law On
Official Secret.
(8) The Committee has a duty to provide countries or
international organisations with information on the circulation
of goods of strategic significance and refusals for export or
transit licences if this is provided for in bilateral or
multilateral agreements.
(9) The Committee is entitled to refuse the issuance of a
licence for goods of strategic significance in accordance with
the procedures stipulated by the Cabinet.
(91) The Committee is entitled not to issue
licences for the goods of strategic significance if the issuance
thereof is in contradiction with the requirements of other laws
and regulations.
(10) If goods of strategic significance or their most
significant components to be exported have been manufactured in
another country, the Committee prior to the issuance of a licence
is entitled to request from the entity for the circulation of
goods of strategic significance the export licence (permit) of
the relevant country.
[12 March 2009; 31 March 2016; 9 July 2020]
Section 13. Other Authorities for
Supervising the Circulation of Goods of Strategic
Significance
Supervision of the fulfilment of the requirements laid down in
this Law and other laws and regulations related to the
circulation of goods of strategic significance shall be performed
by the Committee, the Constitution Protection Bureau, the State
Police, the State Security Service, the State Revenue Service,
and the State Environmental Service according to their
competence.
[20 May 2010; 9 July 2020]
Chapter V
Competence of Control Authorities for the Circulation of Goods of
Strategic Significance
Section 14. Control of Chemical
Substances
The circulation of the chemical substances referred to in
Annex 1 to Regulation No 428/2009 and the Common Military List of
the European Union shall be controlled by the State Environmental
Service.
[20 May 2010]
Section 15. Control of Dual-use
Items
The circulation of dual-use items referred to in Annex 1 to
Regulation No 428/2009 shall be controlled by the Committee. The
circulation of the goods of strategic significance referred to in
the National List of Goods and Services of Strategic Significance
of the Republic of Latvia shall be controlled by the Committee
and the State Security Service. The circulation of the nuclear
material and nuclear equipment referred to in Annex I to
Regulation No 428/2009 shall be controlled by the Committee, the
Radiation Safety Centre of the State Environmental Service, and
the State Security Service.
[20 May 2010; 9 July 2020]
Section 16. Control of Weapons,
Armaments, and Ammunition
The circulation of the goods referred to in the Common
Military List of the European Union shall be controlled by the
Committee, the State Security Service, the State Police, and the
Ministry of Defence.
[9 July 2020]
Chapter
VI
Duties of the Entity for the Circulation of the Goods of
Strategic Significance and the Procedures for Appealing Committee
Decisions
[9 July 2020]
Section 17. Duties of Entities for
the Circulation of Goods of Strategic Significance
(1) If it is known to an entity for the circulation of goods
of strategic significance that the goods to be exported or
transferred in transit by him or her in total or in part thereof
is or may be intended for use in connection with the development,
manufacturing, transfer, operation, maintenance, storage,
detection, identification, or distribution of chemical,
biological, or nuclear weapons or the development, manufacturing,
maintenance, or storage of such missiles that are capable of
delivering such weapons, the entity for the circulation of goods
of strategic significance shall inform the Committee. The
Committee shall take a decision on whether to issue a licence for
the export or transit for the relevant goods.
(2) An entity for the circulation of goods of strategic
significance shall store documents that are related to the
export, import, or transit transactions of goods of strategic
significance for three years after receipt thereof or termination
of his or her activities.
(3) An entity for the circulation of goods of strategic
significance shall, without delay, inform the Committee if the
non-compliance of goods of strategic significance with the
information indicated in documents is detected or if the export
or transit route or the end-user of the goods is changed. Based
on this information the Committee shall take a decision to
modify, cancel, or leave the relevant licence in effect and
inform the entity for the circulation of goods of strategic
significance thereof.
(4) An entity for the circulation of goods of strategic
significance shall conform to the provisions for the circulation
of goods of strategic significance laid down in this Law and
other laws and regulations related to the circulation of goods of
strategic significance.
Section 18. Liability for the
Violation of Provisions for the Circulation of Goods of Strategic
Significance
[9 July 2020]
Section 19. Procedures for Appealing
Committee Decisions
(1) Decisions taken by the Committee may be appealed in
accordance with the procedures laid down in the Administrative
Procedure Law.
(2) Appealing of a decision of the Committee to suspend or
cancel the operation of a licence for goods of strategic
significance, an end-use statement or an import certificate shall
not suspend the operation of such decision until the day when the
final decision in the case enters into effect.
[12 March 2009]
Chapter
VII
Administrative Offences in the Field of the Circulation of the
Goods of Strategic Significance and Competence in Administrative
Offence Proceedings
[9 July 2020]
Section 20. Administrative Offences
in the Field of the Circulation of the Goods of Strategic
Significance
(1) For the commencement of commercial activities without a
special permit (licence) issued by the Ministry of Defence for
commercial activities with the goods referred to in the Common
Military List of the European Union or a special permit (licence)
issued by the State Security Service for commercial activities
with the special equipment and software referred to in the
National List of Goods and Services of Strategic Significance of
the Republic of Latvia, a fine shall be imposed on a natural
person or a board member from fifty-six to one hundred and forty
units of fine, with or without withdrawing of the right for the
board member to hold specific positions in commercial companies
from one month to three years.
(2) For the transfer of such goods of strategic significance
among European Union Member States for which a licence of goods
of strategic significance has not been issued or for the
performance of such intermediary transactions with such goods, a
fine shall be imposed on the consignor of the goods, the
consignee of the goods, the carrier of the goods, or the mediator
for transactions with the goods who is a natural person from ten
to seventy units of fine, but a fine from fifty-six to six
hundred units of fine - on a legal person.
(3) For declaring of such goods for export or re-export for
which a licence of goods of strategic significance has not been
issued or for the submission of a re-export notification of such
goods, a fine shall be imposed on the consignor of the goods who
is a natural person from ten to seventy units of fine, but a fine
from fifty-six to six hundred units of fine - on a legal
person.
(4) For declaring of such goods for a customs procedure -
release into free circulation - for which a licence of goods of
strategic significance has not been issued, a fine shall be
imposed on the consignee of the goods who is a natural person
from ten to seventy units of fine, but a fine from fifty-six to
six hundred units of fine - on a legal person.
(5) For the transfer of such goods in transit through the
territory of the Republic of Latvia which are intended for a
consignee in a third country and for which a licence of the goods
of strategic significance has not been issued, a fine shall be
imposed on the carrier of the goods who is a natural person from
ten to seventy units of fine, but a fine from fifty-six to six
hundred units of fine - on a legal person.
[9 July 2020]
Section 21. Competence in
Administrative Offence Proceedings
(1) Administrative offence proceedings for the offences
referred to in Section 20, Paragraphs one and two of this Law
shall be conducted by the State Police.
(2) Administrative offence proceedings for the offences
referred to in Section 20, Paragraphs three, four, and five of
this Law shall be conducted by the State Revenue Service.
[9 July 2020]
Transitional
Provisions
1. With the coming into force of this Law, the Law on the
Circulation of Goods of Strategic Significance (Latvijas
Republikas Saeimas un Ministru Kabineta Ziņotājs, 2004, No.
10; 2006, No. 22) is repealed.
2. The Cabinet shall issue the regulations referred to in
Section 3, Paragraph one, Section 5, Paragraphs three and twelve,
Section 6 and Section 7, Paragraphs one and two of this Law by 1
July 2007. Until the date of its coming into force but not later
than 1 July 2007, Cabinet Regulation No. 467 of 29 April 2004,
Procedures by Which the Control Documents for Goods of Strategic
Significance are Issued, Refused or Annulled, and Cabinet
Regulation No. 74 of 23 January 2007, Regulations Regarding the
State Fee for the Issuance of Export, Import and Transit Licences
for Goods of Strategic Significance, shall be applicable insofar
as they are not in contradiction with this Law.
3. The Cabinet shall issue the regulations provided for in
Section 5, Paragraph twelve of this Law regarding the procedures,
by which the Committee shall issue general export and general
transit licences by 1 January 2010. Until the day of coming into
force of such regulations, but not later than by 1 January 2010
Cabinet Regulation No. 747 of 6 November 2007, Procedures for the
Issuance of Licences for Goods of Strategic Significance and
Other Documents Related to the Circulation of Goods of Strategic
Significance, shall be applicable insofar as they are not in
contradiction with this Law.
[12 March 2009]
4. The Cabinet shall issue the regulations referred to in
Section 5.1, Paragraphs four and five of this Law by 1
May 2009.
[12 March 2009]
5. The Cabinet shall issue the regulations referred to in
Section 7, Paragraph four of this Law by 1 July 2009. Until the
day of coming into force of such regulations, but not later than
by 1 January 2010 Cabinet Regulation No. 747 of 6 November 2007,
Procedures for the Issuance of Licences for Goods of Strategic
Significance and Other Documents Related to the Circulation of
Goods of Strategic Significance, and Cabinet Regulation No. 908
of 18 December 2007, Regulations Regarding the State Fee for the
Issuance of Expert Statements for Goods of Strategic
Significance, End-use Statements, Import Certificates, Delivery
Verification Certificates, and Licences for the Transfer, Export,
Import and Transit of Goods of Strategic Significance, shall be
applicable insofar as they are not in contradiction with this
Law.
[12 March 2009]
6. The Cabinet shall issue the regulations referred to in
Section 7, Paragraph four of this Law by 1 April 2010. Until the
day of coming into force of such regulations, but not later than
by 1 January 2010 Cabinet Regulation No. 1655 of 28 December
2009, Regulations Regarding the State Fee for the Preparation and
Issuance of an Expert Statement for Goods of Strategic
Significance, an End-use Statement, an Import Certificate, a
Delivery Verification Certificate, and a Licence for the
Transfer, Export, Import and Transit of Goods of Strategic
Significance, and Cabinet Regulation No. 1665 of 28 December
2009, Procedures for the Issuance or Refusal to Issue Licences
for Goods of Strategic Significance and Other Documents Related
to the Circulation of Goods of Strategic Significance, shall be
applicable insofar as they are not in contradiction with this
Law.
[20 May 2010]
7. Amendments to Section 5.1 of this Law, which
provide for the rights of the Security Police to issue a special
permit (licence) for commercial activity with the special
equipment referred to in the National List of Goods and Services
of Strategic Significance, as well as to certify such equipment
in accordance with the procedures stipulated by the Cabinet,
shall come into force from 1 October 2010.
[20 May 2010]
8. The Cabinet shall issue the regulations referred to in
Section 5.1, Paragraph ten of this Law regarding the
procedures for certifying the special equipment, as well as the
procedures, by which a State fee for certification of special
equipment shall be paid, and the amount of such fee, by 1 October
2010.
[20 May 2010]
9. A merchant may receive a special permit (licence) for
commercial activities with the goods referred to in the Common
Military List of the European Union without paying the State fee
referred to in Section 5, Paragraph five of this Law, if the term
of validity of the special permit (licence) issued thereto in
accordance with Section 37, Paragraph two of the Law on the
Handling of Weapons has not expired on 1 January 2011.
[14 July 2011]
10. The Cabinet shall issue the regulations provided for in
Section 5, Paragraphs eight and fourteen of this Law by 31
December 2011.
[14 July 2011]
11. The Cabinet shall issue the regulations referred to in
Section 7, Paragraph four of this Law by 31 May 2016. Until the
day of the coming into force thereof, Cabinet Regulation No. 736
of 6 November 2007, Procedures by which the State Police shall
Issue Documents of Prior Consent for Transfer of Firearms and
Ammunition or Explosives among European Union Member States,
shall be applicable insofar as they are not in contradiction with
this Law.
[31 March 2016]
12. Section 4, Paragraphs 6.1 and 6.2 of
this Law shall be applicable from the day when the United Kingdom
of Great Britain and Northern Ireland will have withdrawn from
the European Union in accordance with Article 50 of the Treaty on
European Union.
[21 March 2019]
13. The new wording of Section 5, Paragraph four, Paragraph
six, Clauses 8, 9, 10, 11, and Paragraph eighteen of this Law
shall come into force on 1 June 2021.
[7 January 2021]
The Law has been adopted by the Saeima on 21 June
2007.
President V. Vīķe-Freiberga
Rīga, 5 July 2007
1The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)