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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

28 May 2009 [shall come into force on 1 July 2009];
12 September 2013 [shall come into force on 1 January 2014];
31 October 2013 [shall come into force on 27 November 2013];
1 December 2016 [shall come into force on 4 January 2017];
16 January 2020 [shall come into force on 13 February 2020];
16 November 2021 [shall come into force on 1 January 2022];
17 March 2022 [shall come into force on 13 April 2022].

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 International Assistance

Section 1. Terms Used in this Law

The following terms are used in this Law:

1) international assistance - development cooperation and participation in international missions and operations undertaken by the Republic of Latvia;

2) development cooperation - provision of assistance to less developed countries in order to promote long-term social and economic development of such countries and their societies;

3) recipient country - a country receiving international assistance;

4) provider of international assistance - State institution of direct or indirect administration or an international organisation which provides funding for the implementation of international assistance activities (hereinafter - the provider);

5) international assistance activity - a development cooperation project, voluntary contribution or international mission or operation;

6) activity programme - an aggregate of several international assistance activities with a joint goal;

7) development cooperation project - a non-commercial activity or set of activities with defined implementation results, implementers, and term of execution;

8) joint (trilateral or multilateral) international assistance activity - a development cooperation project or an activity programme in which separate activities of the project or programme are implemented by two or more providers one of which is representing the Republic of Latvia;

9) international mission - an activity in the implementation of which a civil expert participates and which is implemented upon an invitation of international organisations to participate in a mission led thereby or upon a bilateral or multilateral agreement of the countries;

91) international operation - an activity led by an international organisation, a country or several countries in the implementation of which a civil expert participates and the purpose of which is to restore and maintain peace in conflict areas;

10) civil expert - a natural person whose participation in an international mission or operation is approved by the Cabinet;

11) implementer of a development cooperation project - a person who has been selected as the implementer of a development cooperation project in accordance with the procedures laid down in laws and regulations or who is implementing the development cooperation project selected in accordance with the procedures specified in laws and regulations;

12) delegated cooperation - a joint agreement between two or more providers that one provider (leading provider) acts on behalf of other providers (delegating providers) in the implementation of the international assistance activity or activity programme;

13) voluntary contribution - a contribution intended for international organisations, international initiatives, and funds which use the allocated funds for the implementation of international assistance or the provision of humanitarian aid;

14) approval procedure - a procedure by which the allocation of funding for the implementation of an activity of international assistance is approved or by which the implementer of a development cooperation project or a civil expert is selected;

15) grant - a payment to the implementer of a development cooperation project for the implementation of the project which has been submitted thereby to a grant project tender and which has been approved for funding by the Ministry of Foreign Affairs;

16) foreign expert - a foreigner who is not a payer of payroll tax in the Republic of Latvia, but who implements the activities provided under the development cooperation project or receives financial or non-financial benefit from the implementation of this project;

17) national expert - a domestic taxpayer (resident) of the Republic of Latvia who is a payer of personal income tax in the Republic of Latvia and who implements the activities provided under the development cooperation project and receives financial or non-financial benefit from the implementation of that project;

18) person involved in the implementation of the development cooperation project - administrative staff of the project (project manager, project coordinator, accountant or any other person involved in the administration of the project), national expert or foreign expert;

19) agency - the authority which performs the functions specified in this Law in order to promote the participation of the implementers of development cooperation projects of Latvia in development cooperation projects financed by foreign providers of international assistance.

[28 May 2009; 16 January 2020; 16 November 2021]

Section 2. Purpose of this Law

The purpose of the Law is to ensure effective and transparent planning and implementation of the international assistance provided by the Republic of Latvia in order to ensure and provide, in compliance with the principles and good practices of the United Nations, the European Union, the North Atlantic Treaty Organisation (NATO), the Organisation for Security and Cooperation in Europe and the Committee on Development Assistance for Economic Cooperation and Development in the implementation of international assistance, qualitative and effective international assistance to recipient countries, and also to develop the skills of the implementers of development cooperation projects of Latvia and promote their participation in development cooperation projects financed by foreign providers of international assistance.

[16 November 2021]

Section 3. Scope of Application of the Law

(1) The Law prescribes the procedures by which international assistance is planned and implemented.

(2) The Law prescribes the competence of the responsible authorities involved in the planning and implementation of international assistance.

(3) The Law shall not apply to military persons of the Republic of Latvia, nor to the officials with special service ranks of the institutions of the system of the Ministry of the Interior and their participation in international missions and operations.

(4) The Law shall not apply to the commitments of the Republic of Latvia to make the mandatory annual contributions to international organisations.

(5) The Law shall not apply to the provision of humanitarian aid, except when voluntary contributions are made to fund humanitarian aid.

(6) The Law shall not apply to other kinds of assistance which is not development cooperation and participation in international missions and operations.

[16 January 2020]

Section 4. Responsible Authorities

(1) International assistance shall be planned by the Ministry of Foreign Affairs in cooperation with the Consultative Council for Development Cooperation Policy and the Consultative Council for the Participation of Latvian Civil Experts in International Civil Missions and Operations according to the competence specified in laws and regulations.

(2) The approval procedures specified in this Law shall be managed by the Ministry of Foreign Affairs according to the competence specified in this Law and other laws and regulations.

(3) State administration institutions not referred to in this Law and local governments may carry out activities in the field of international assistance without complying with the provisions of this Law for the application of approval procedures.

(4) Section 4, Paragraph three of this Law shall not apply to cases where, in accordance with the Public Procurement Law, a public procurement is necessary and also to the approval procedure specified in Section 5, Clause 2 of this Law.

(5) The agency shall ensure the performance of the functions of the single point of contact and coordinator of the development cooperation projects financed by European Unionʼs external action instruments and other foreign providers of international assistance, providing support to State and local government authorities and legal persons governed by private law in the process of developing and submitting development cooperation project proposals and project administration. The functions of the agency shall be performed by the Central Finance and Contracting Agency.

[16 January 2020; 16 November 2021]

Section 5. Approval Procedures

Approval procedures are as follows:

1) grant project tender;

2) approval of a civil expert for participation in an international mission or operation;

3) public procurement;

4) voluntary contribution;

5) delegated cooperation;

6) international assistance activities provided for in the policy planning documents approved by the Cabinet;

7) decision by the Ministry of Foreign Affairs to reallocate the unused funds intended for development cooperation for other activities of development cooperation.

[16 January 2020]

Section 6. Functions of the Ministry of Foreign Affairs in the Field of International Assistance

(1) The Ministry of Foreign Affairs shall develop the Development Cooperation Policy Plan and medium-term policy planning documents in accordance with laws and regulations.

(2) The Ministry of Foreign Affairs shall coordinate the approval procedure specified in Section 5, Clause 2 of this Law.

(3) The Ministry of Foreign Affairs shall cooperate with foreign providers in order to implement joint (trilateral or multilateral) international assistance activities or delegated cooperation.

[16 January 2020]

Section 7. State Development Cooperation Agency

[16 January 2020]

Section 8. Functions of the Agency

[16 January 2020]

Section 9. Grant Project Tender

(1) The Ministry of Foreign Affairs shall implement grant project tenders by developing and announcing the respective tenders. The priorities and objectives of the projects to be submitted, and also recipient countries and the available funding shall be determined in tenders. The announcement of each tender shall be approved by the Minister for Foreign Affairs.

(2) The Ministry of Foreign Affairs may announce a fixed-term (single) grant project tender and a grant project tender of unlimited duration in the Republic of Latvia or in the recipient country.

(3) When announcing a fixed-term grant project tender, the Ministry of Foreign Affairs shall determine the deadline for the submission of project applications.

(4) When announcing a grant project tender of unlimited duration, the Ministry of Foreign Affairs shall evaluate project applications and provide funding based on the order in which they were submitted. The interested persons shall submit project applications for as long as the minimum funding specified within the scope of the tender for the implementation of one project is available.

(5) A grant may be received by State institutions of direct and indirect administration, derived public entities, other State institutions, and also associations, foundations, merchants, trade unions, and other subjects. A grant may not be received by political parties and their associations. Natural persons who are citizens of the respective recipient country or who hold a permanent residence permit in the recipient country may also apply for a grant project tender and receive a grant in the recipient country.

(6) In order to implement development cooperation more efficiently, the Ministry of Foreign Affairs is entitled to announce grant project tenders, narrowing down the range of possible grant recipients referred to in Paragraph five of this Section.

(61) In order to check whether the person indicated in the project application is subject to the provisions of Paragraph eight, Clause 4 of this Section, the Ministry of Foreign Affairs and the agency shall obtain information from the Information Centre of the Ministry of the Interior (the Punishment Register). The Ministry of Foreign Affairs and the agency shall be entitled to receive the information in question from the Information Centre of the Ministry of the Interior (the Punishment Register) without requesting the consent of the project applicant and other persons referred to in Paragraph eight, Clause 4 of this Section. The Ministry of Foreign Affairs and the agency shall also obtain information on the persons indicated when implementing activities in accordance with the approval procedure specified in Section 5, Clause 6 of this Law.

(7) The Cabinet shall determine the procedures for preparing and announcing grant project tenders, taking decisions on the awarding of a grant, entering into grant contracts, and completing a tender, supervising and controlling the project implementation, and also the cases in which the grant recipient repays the allocated funds.

(8) A grant shall not be awarded in the following cases:

1) the project application does not meet the requirements specified in the tender regulations;

2) the funding available in the tender is not sufficient to award a grant for the project implementation;

3) there are reasoned grounds as to why the Ministry of Foreign Affairs cannot enter into a grant agreement with the project applicant (for example, force majeure circumstances, special circumstances in the recipient country preventing the implementation of the project);

4) a project applicant or a person who is a member of the executive board or supervisory board or proctor of the project applicant, or a person who is authorised to represent the project applicant in activities related to the branch, or another person indicated in the project application has been punished or a coercive measure has been imposed on a legal person for any of the following criminal offences: accepting a bribe, giving a bribe, misappropriation of a bribe, intermediation in bribery, unlawful participation in property transactions, unauthorised receipt of a benefit, commercial bribery, unlawful requesting, receipt, and giving of a benefit or trading with influence.

(9) A decision of the Ministry of Foreign Affairs may be appealed to a court in accordance with the procedures specified in the Administrative Procedure Law. The appeal of the decision shall not suspend the operation thereof.

[28 May 2009; 16 January 2020; 17 March 2022]

Section 9.1 Accessibility of Information During a Grant Project Tender

(1) Project applications submitted during a grant project tender shall be restricted access information.

(2) Information on persons who have assessed the project applications submitted for the grant project tender shall be restricted access information.

(3) The following information shall be regarded as generally accessible information:

1) grant recipient (the given name and surname of a natural person or the name and legal address of a legal person);

2) project title;

3) amount of the grant awarded;

4) place and time of the project implementation;

5) summary of the activities to be carried out within the scope of the project;

6) summary of the results achieved within the scope of the project.

(4) The information referred to in Paragraph three of this Section is accessible after the decision to award a grant has entered into effect.

(5) Only the project applicant has the right to receive information on the progress of the project application before the decision to award a grant has entered into effect.

(6) The project applicant has the right to acquaint himself or herself with the project assessment materials only after the final decision to award a grant has been taken.

[28 May 2009]

Section 10. Voluntary Contribution

(1) Funds for voluntary contributions shall be provided for in the Development Cooperation Policy Plan.

(2) The Ministry of Foreign Affairs shall transfer funds to the respective recipient of the funds of voluntary contribution.

[16 January 2020]

Section 11. Delegated Cooperation

(1) Delegated cooperation shall be implemented as follows:

1) by receiving co-funding from foreign providers for the implementation of a development cooperation project or activity programme which has been selected using the approval procedures specified in Section 5, Clauses 1, 3, or 6 of this Law;

2) by allocating co-funding to a foreign provider from the budget of the Ministry of Foreign Affairs for the implementation of a specific development cooperation project or activity programme or the attainment of a specific objective of development cooperation. The foreign provider shall use the allocated funds in accordance with the legal acts and procedures of the country thereof.

(2) The Cabinet shall determine the procedures by which delegated cooperation shall be implemented.

[16 January 2020]

Section 12. Approval of a Civil Expert for Participation in an International Mission or Operation

(1) Civil experts shall participate in international missions and operations on the basis of a resolution, recommendation, or request of those international organisations with which the Republic of Latvia has entered into international agreements, and also upon the invitation of a Member State the European Union or the North Atlantic Treaty Organisation (NATO).

(2) The Cabinet shall take the decision on the participation of a civil expert in an international mission or operation.

(3) The Cabinet shall determine the procedures by which a civil expert is sent to participate in an international mission or operation, the conditions for the participation of a civil expert, and also the procedures for the provision of funding for the participation.

[16 January 2020]

Section 13. Maximum Amount of Remuneration, Daily Allowance, and Hotel (Accommodation) Expenditures for a Person Involved in the Implementation of a Development Cooperation Project and Social Guarantees for a Civil Expert

(1) The Cabinet shall determine the maximum amount of remuneration, daily allowance, and hotel (accommodation) expenditures for a person involved in the implementation of a development cooperation project.

(2) If a civil expert has suffered in an accident or died while performing the official duties in an international mission or operation, the Cabinet shall take the decision to disburse an allowance or compensation in accordance with the following procedures:

1) if a civil expert has suffered in an accident and suffered an injury or mutilation, or other damage has been caused to the health of the civil expert (except for occupational disease) while performing the official duties in an international mission or operation and, within 12 months after the accident, the State Medical Commission for the Assessment of Health Condition and Working Ability has determined disability for him or her for a period not less than a year, and the cause of disability is the injury or health disorder related to the participation of the civil expert in a civil mission or operation, a lump sum allowance in the following amount shall be disbursed:

a) if disability group I is determined - EUR 71 145;

b) if disability group II is determined - EUR 35 573;

c) if disability group III is determined - EUR 14 229;

2) if a civil expert has suffered in an accident and suffered an injury or mutilation, or other damage has been caused to the health of the civil expert (except for occupational disease) while performing the official duties in an international mission or operation, but no disability has been determined, a lump sum allowance in the following amount shall be disbursed:

a) in the event of severe damage to health - EUR 10 000;

b) in the case of moderate damage to health - EUR 5000;

c) in the case of mild damage to health and temporary incapacity for work (service) lasting more than six days - EUR 200;

3) if a civil expert has died during an international mission or operation or has died within a year after return from participation in an international mission or operation due to an injury (mutilation, concussion) or a disease the cause of which is related to the performance of official duties in an international mission or operation, the burial of the civil expert shall be covered from the State budget funds. His or her spouse and relatives in the descending line, but if there are no relatives in the descending line, then the relatives in the ascending line, shall be disbursed a lump sum compensation of EUR 100 000 on the basis of a decision of the Cabinet. If the respective civil expert has no spouse, relatives of the nearest degree of kinship in descending and ascending line, the Cabinet shall decide on the disbursement of the abovementioned compensation to the immediate family of the deceased civil expert. The Cabinet shall determine the amount of burial expenditures and the procedures for covering thereof.

(3) The allowances referred to in Paragraph two of this Section shall not be disbursed if it is established that the cause of accident is suicide or an attempt thereof, use of alcohol or other intoxicating substances, violation of laws and regulations, or improper conduct.

(31) [16 January 2020]

(4) The Cabinet shall determine the procedures for the investigation and registration of accidents in which a civil expert has suffered while performing the official duties in an international mission or operation.

(5) Social rehabilitation expenditures shall be covered to a civil expert after return from an international mission or operation. The Cabinet shall determine the procedures by which social rehabilitation expenditures shall be covered to a civil expert after return from an international mission or operation.

(6) The employer of a civil expert shall ensure his or her rights to return to his or her previous position or to an equivalent position after return of such expert from an international mission or operation.

[28 May 2009; 13 November 2013; 12 September 2013; 1 December 2016; 16 January 2020]

Section 14. Delegation of the Tasks of the Ministry of Foreign Affairs

The Ministry of Foreign Affairs is entitled to delegate part of the management of the approval instruments to another public entity or private person in accordance with the conditions referred to in Chapter V of the State Administration Structure Law.

[16 January 2020]

Section 15. Participation in a Development Cooperation Project Financed by a Foreign Provider of International Assistance

(1) State and local government authorities of the Republic of Latvia, in accordance with their competence, or a legal person governed by private law may participate in a development cooperation project financed by a foreign provider of international assistance and perform the obligations of the implementer of development cooperation project, taking into account the provisions of the relevant provider of international assistance according to which the implementers of the development cooperation project financed by it are selected.

(2) The State and local government authorities and legal persons governed by private law referred to in Paragraph one of this Section may refer to the agency to receive consultative support in the development and submission of applications or project proposals for participation in the development cooperation projects or programmes financed by the European Unionʼs external action instruments, and also support in the process of project administration. The agency may also provide consultative support for participation in the development cooperation projects financed by other foreign providers of international assistance. The conditions for the provision of agency's support, the extent of support, and the procedures for its provision shall be determined by the Cabinet.

(3) The agency may take on the role of the coordinator of a development cooperation project and submit an application or project proposal for participation in the implementation of a development cooperation project financed by a foreign provider of international assistance.

[16 November 2021]

Transitional Provisions

1. Within six months after the date of coming into force of this Law, the Cabinet shall issue the regulations referred to in Section 9, Paragraph seven, Section 11, Paragraph two, and Section 12, Paragraph three of this Law.

2. [16 January 2020]

3. The Cabinet shall, until 1 November 2009, issue the regulations referred to in Section 9, Paragraph seven of this Law which provide procedures for preparing and announcing grant project tenders, implementing management of tenders, evaluating project applications and deciding on the winners of tenders. Cabinet Regulation No. 659 of 12 August 2008, Procedures for the Implementation of Grant Project Tenders, shall be applicable until the coming into force of these regulations, but not later than until 1 December 2009, insofar as it is not in contradiction with this Law.

[28 May 2009]

4. Until 1 July 2010, the Cabinet shall issue the regulations referred to in Section 13, Paragraph one of this Law which provide the maximum amount of the remuneration, daily expenses allowance, and hotel (accommodation) expenditures for a person involved in the implementation of the development cooperation project.

[28 May 2009]

5. The Cabinet shall issue the regulations referred to in Section 13, Paragraph 3.1 of this Law until 1 April 2017.

[1 December 2016]

6. The Cabinet shall issue the regulations referred to in Section 9, Paragraph seven, Section 12, Paragraph three, and Section 13, Paragraph five of this Law until 30 June 2020. Cabinet Regulation No. 2 of 5 January 2010, Procedures for the Implementation of Grant Project Tenders, Cabinet Regulation No. 35 of 13 January 2009, Procedures for Secondment of Civil Experts for Participation in International Missions and Procedures for Financing of Participation, and Cabinet Regulation No. 274 of 30 May 2017, Procedures for Covering Social Rehabilitation Expenses to a Civil Expert after Return from an International Mission, shall be applicable until the date of coming into force of the respective regulations, but not later than until 30 June 2020, insofar as they are not in contradiction with this Law.

[16 January 2020]

7. The Cabinet shall issue the regulations referred to in Section 13, Paragraph two, Clause 3 and Paragraph four of this Law until 30 June 2020.

[16 January 2020]

The Law has been adopted by the Saeima on 24 April 2008.

Acting for the President, Chairperson of the Saeima G. Daudze

Rīga, 14 May 2008


1The Parliament of the Republic of Latvia

Translation © 2024 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Starptautiskās palīdzības likums Status:
In force
in force
Issuer: Saeima Type: law Adoption: 24.04.2008.Entry into force: 28.05.2008.Theme: Diplomatic and consular relations; International cooperationPublication: Latvijas Vēstnesis, 74, 14.05.2008.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 12, 26.06.2008.
Language:
LVEN
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