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The translation of this document is outdated.
Translation validity: 21.01.2009.–31.12.2013.
Amendments not included: 13.08.2013., 08.04.2014., 07.02.2017.
Disclaimer: The English language text below is provided by the State Language Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The State Language Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson.


Republic of Latvia

Cabinet
Regulation No. 35

Adopted 13 January 2009

Procedures for Secondment of Civil Experts for Participation in International Missions and Procedures for Financing of Participation

Issued pursuant to
Section 12, Paragraph three of the
International Aid Law

I. General Provisions

1. These Regulations prescribe the procedures, by which a civil expert is seconded for participation in an international mission, the conditions for participation of the civil expert, as well as the procedures for financing of participation.

2. The conditions for participation of a civil expert in an international mission are specified in Paragraphs 3 and 5 of these Regulations.

II. Secondment of Civil Experts

3. The participation of a civil expert in an international mission shall be voluntary.

4. The following institutions shall nominate a civil expert as candidate for participation in an international mission (hereinafter - nominating institution):

4.1. the ministry responsible for the sector - representatives of State administration and judicial power;

4.2. the Office of the Prosecutor of the Republic of Latvia (Office of the Prosecutor General) - representatives of prosecutorial institutions; and

4.3. the Ministry of Foreign Affairs - representatives thereof, as well as private individuals.

5. A civil expert shall be sent for participation in an international mission if he or she conforms to the following requirements:

5.1. the civil expert is sufficiently fluent in the foreign language necessary for participation in the international mission;

5.2. if necessary, the civil expert may receive a special permit of a respective level for access to official secrets and a certificate for work with NATO or the European Union classified information;

5.3. the qualification of the civil expert conforms to the requirements of a particular position for participation in a specific international mission; and

5.4. the health condition of the civil expert is appropriate for participation in the international mission, and it is confirmed by a doctor's opinion.

6. The Ministry of Foreign Affairs in co-operation with the nominating institution shall prepare and submit a draft order regarding participation of a civil expert in an international mission to Cabinet in accordance with the prescribed procedures.

7. The following shall be indicated in a Cabinet order regarding participation of a civil expert in an international mission:

7.1. the given name, surname and position (speciality) of the civil expert;

7.2. the duration of participation of the civil expert in the international mission;

7.3. the coefficient (from 1 to 1.8) for calculation of the additional payment for participation in the international mission. The amount of the coefficient shall be proposed by the Ministry of Foreign Affairs in co-operation with the nominating institution, taking into account the following criteria:

7.3.1. the possibility of terrorism threats;

7.3.2. the possibility of breaking out of ethnic or other armed conflicts;

7.3.3. ecological conditions (for example, level of pollution, potential radioactive or chemical pollution, potential risk of technogenic disasters);

7.3.4. the type of the respective international mission and the obligations to be fulfilled (for example, supervision, provision of support, takeover of the functions of law enforcement institutions); and

7.3.5. living and dwelling safety conditions during the international mission.

8. Taking into account the request of a civil expert and the nominating institution, the Cabinet may extend the time for participation of the civil expert in an international mission by a separate order.

9. The Ministry of Foreign Affairs in co-operation with the nominating institution shall determine the conformity of a civil expert to one of the three levels of the position, taking into account the description of the particular position of the international mission and the qualification of the candidate:

9.1. tactical level of the position - performance of the administrative and technical duties and the duties of the expert of the respective field;

9.2. operational level of the position - performance of the duties of the adviser, junior and middle-level executive; and

9.3. strategic level of the position - performance of the duties of the highest official and senior level executive.

10. Legal relationship between a civil expert and the Ministry of Foreign Affairs, including the amount of the additional payment to be paid to the civil expert, shall be determined in a work-performance contract (hereinafter - contract), which is entered into after approval of the candidacy of the civil expert at the Cabinet. The contract shall not limit the rights of the expert granted to him or her in accordance with these Regulations.

11. Prior to the secondment of a civil expert in an international mission the Ministry of Foreign Affairs in co-operation with the nominating institution shall ensure the civil expert with training corresponding to the specific nature of the mission and position.

III. Recall of Civil Experts

12. The Cabinet shall recall a civil expert from participation in an international mission upon the proposal of the Ministry of Foreign Affairs or the nominating institution in the following cases:

12.1. the civil expert has committed a criminal offence during the international mission, which is punishable in accordance with the Criminal Law of the Republic of Latvia;

12.2. the civil expert has committed a violation during the international mission, which is not reconcilable with subsequent participation in the international mission;

12.3. the health condition of the civil expert is not appropriate for continuation of participation in the international mission;

12.4. recall of the civil expert is requested by the management of the international mission;

12.5. recall of the civil expert is requested by the nominating institution; or

12.6. due to other objective reasons, co-ordinating it with the nominating institution and the Ministry of Foreign Affairs.

13. A civil expert may refuse from further participation in an international mission:

13.1. upon his or her own volition, warning the nominating institution and the Ministry of Foreign Affairs thereof one month in advance; or

13.2. due to other objective reasons, which are not reconcilable with subsequent participation in the international mission.

IV. Financing of Participation of Civil Experts in International Missions

14. Expenses related to the participation of a civil expert in an international mission shall be financed from the budgetary funds allocated for this purpose to the Ministry of Foreign Affairs.

15. A civil expert shall receive an additional payment upon participation in an international mission. The additional payment shall be calculated, multiplying the amount of the additional payment specified for the respective level of the position in Annex 1 to these Regulations by the coefficient specified in the Cabinet order on secondment of a civil expert for participation in an international mission.

16. The Ministry of Foreign Affairs shall also cover the following expenses related to the participation of civil experts in international missions from the funds provided for this purpose in the budget thereof:

16.1. visa processing expenses;

16.2. life and health insurance expenses, if necessary, providing for the covering of expenses for high-risk insurance in crisis areas;

16.3. travel expenses to and from the site of the international mission according to the submitted documents confirming such expenses. If a civil expert utilises an airplane, travel expenses shall be covered without exceeding the amount of the price of an economy class flight ticket;

16.4. transportation of personal property to and from the mission site;

16.5. expenses for equipment necessary for the performance of the tasks of a civil expert in an international mission;

16.6. expenses for inland transport necessary for the performance of the tasks of a civil expert in an international mission;

16.7. vaccination expenses against such diseases, vaccination against which is required in the territory where the international mission is planned; and

16.8. travel expenses to and from the country of domicile during vacation time according to the submitted documents confirming such expenses. If a civil expert utilises an airplane, travel expenses shall be covered without exceeding the amount of the price of an economy class flight ticket.

17. The Ministry of Foreign Affairs shall cover expenses for rental of housing (residential space) and public utility services from the funds provided for this purpose in the budget thereof. The amount of expenses shall be determined in accordance with Annex 2 to these Regulations, in complying with the following conditions:

17.1. if the actual expenses for rental of flat (residential space) and public utility services do not exceed the specified amount of expenses, actual expenses of the employee shall be covered;

17.2. if it is not possible to prove the actual expenses for rental of flat (residential space) and public utility services, the referred to expenses shall be covered on the basis of a report of a civil expert, which is approved by the State Secretary of the Ministry of Foreign Affairs, however, without exceeding the amount of expenses specified in Annex 2 to these Regulations; and

17.3. the Ministry of Foreign Affairs shall cover the expenses referred to in Paragraphs 15, 16 and 17 of these Regulations if covering of such expenses or part thereof is within the competence of the Republic of Latvia pursuant to the financing conditions of the international mission.

18. The costs referred to in Paragraph 16 of these Regulations within amounts specified thereto shall be compensatory by nature, and they shall not be taxable with personal income tax and mandatory payments of State social insurance need not be performed therefore in accordance with the Law On Personal Income Tax and the Law On State Social Insurance.

19. Mandatory payments of State social insurance for a civil expert shall be performed in accordance with the Law On State Social Insurance.

20. The Cabinet shall review the amount of the additional payment referred to in Paragraph 15 and the amount of additional payments referred to in Paragraphs 16 and 17 of these Regulations each year by 31 March.

V. Closing Provision

21. The nominating institution is entitled to perform all the function of the Ministry of Foreign Affairs referred to in these Regulations in relation to secondment of civil experts in international missions, including financing of civil experts, co-ordinating it with the Ministry of Foreign Affairs.

Prime Minister I. Godmanis

Minister for Foreign Affairs M. Riekstiņš

 

Annex 1
Cabinet Regulation No. 35
13 January 2009

Amount of the Additional Payment to be Determined to a Civil Expert Pursuant to the Level of the Office

No.

Level of the office

Amount of the additional payment (in lats per year)

1.

Tactical level of the office

18 000

2.

Operational level of the office

22 800

3.

Strategic level of the office

27 600

Minister for Foreign Affairs M. Riekstiņš

 

Annex 2
Cabinet Regulation No. 35
13 January 2009

Amount of Compensation for Expenditure Related to Rental of Housing (Residential Space) and Public Utility Services

1. Determine the annual amount of compensation for expenditure related to rental of housing (residential space) and public utility services (in lats):

No.

Level of the office

Amount of compensation for expenditure related to rental of housing (residential space) and public utility services
(in lats per year)

1.1.

Tactical level of the office

8 360

1.2.

Operational level of the office

11 100

1.3.

Strategic level of the office

16 610

2. If actual expenditure exceeds the amounts referred to in Paragraph 1 of this Annex, the Cabinet may increase the amount of compensation for the expenditure related to rental of housing (residential space) and public utility services.

Minister for Foreign Affairs M. Riekstiņš

 


Translation © 2010 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Kārtība, kādā civilo ekspertu nosūta dalībai starptautiskajā misijā, un dalības finansēšanas .. Status:
No longer in force
no longer in force
Issuer: Cabinet of Ministers Type: regulation Document number: 35Adoption: 13.01.2009.Entry into force: 21.01.2009.End of validity: 01.07.2020.Publication: Latvijas Vēstnesis, 10, 20.01.2009.
Language:
LVEN
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