Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
16 February 2012 [shall
come into force on 21 March 2012];
30 May 2013 [shall come into force on 1 July 2013];
3 December 2015 [shall come into force on 29 December
2015];
12 January 2017 [shall come into force on 27 January
2017];
22 March 2018 [shall come into force on 16 April
2018];
24 October 2019 [shall come into force on 20 November
2019];
21 November 2019 [shall come into force on 24 December
2019];
19 August 2021 [shall come into force on 3 September
2021];
23 September 2021 [shall come into force on 20 October
2021];
7 April 2022 [shall come into force on 4 May 2022];
22 June 2023 [shall come into force on 14 July
2023];
12 October 2023 [shall come into force on 20 October
2023];
23 November 2023 [shall come into force on 30 November
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
State Border of the Republic of Latvia
Chapter I
General Provisions
Section 1. Terms Used in this
Law
The following terms are used in this Law:
1) State border of the Republic of Latvia (hereinafter
- the State border) - an uninterrupted and completed line and the
vertical surface corresponding to this line which separates the
land and water territory of the Republic of Latvia, the
subterranean depths and air space thereof from neighbouring
countries and from the exclusive economic zone of the Republic of
Latvia in the Baltic Sea;
2) border crossing point - a location at the State land
border or in the proximity thereof, a section of the territory of
a port, airport, airfield, railway station, or other location or
space intended for the crossing of external borders for persons,
as well as for the movement of property and goods across the
external border and where the competent authorities perform
checks, if it is not otherwise specified by this Law;
3) checks - a set of measures specified in laws and
regulations in order to ascertain the permissibility to cross the
external border;
4) external border - the State border and border
crossing points in accordance with Regulation (EU) No 2016/399 of
the European Parliament and of the Council of 9 March 2016 on a
Union Code on the rules governing the movement of persons across
borders (Schengen Borders Code) (hereinafter - Regulation No
2016/399 of the European Parliament and of the Council of 9 March
2016);
5) internal border - the State border in accordance
with Regulation No 2016/399 of the European Parliament and of the
Council of 9 March 2016;
6) Member State - any country which has acceded to the
Agreement of 14 June 1985 among the Governments of the States of
the Benelux Economic Union, the Federal Republic of Germany and
the French Republic on the gradual abolition of checks at their
common borders and applies the provisions thereof in relation to
the abolition of border controls at internal borders;
7) third country - any country which is not a Member
State within the meaning of this law;
8) inland waters of the Republic of Latvia (hereinafter
- inland waters):
a) the waters of water courses (rivers, streams and canals)
and water bodies (lakes, ponds and water reservoirs) up to the
State land border;
b) any other waters which are located on the landward side of
the base lines;
9) territorial sea of the Republic of Latvia
(hereinafter - territorial sea) - the waters of the Baltic Sea
and of the Gulf of Riga of the Baltic Sea in width of 12 nautical
miles, counting from the base line, if it has not been otherwise
specified by international agreements;
10) base line in the Baltic Sea - the maximum low-water
line and straight lines which connect the points of the
hydrotechnical structures or other structures located on the
opposite side of a specific port, which are located further
towards the sea;
11) competent authorities - the State administrative
institutions specified in this Law and other laws and regulations
which perform the checks on persons, property and goods at border
crossing points, at the State border and in the border areas.
[16 February 2012; 22 March 2018]
Section 2. Purpose of the Law
The purpose of this Law is to determine the State border and
the border guarding system, and also to ensure the inviolability
of the State border on the land, in the sea, and in the air
space.
Section 3. Determination of the
State Border
(1) The State border shall be determined in accordance with
the international agreements concluded by the Republic of
Latvia.
(2) In order to determine and restore the State border in
accordance with the international agreements concluded by the
Republic of Latvia, representatives of the Republic of Latvia
shall be nominated for work in the Interstate Demarcation
Commission (hereinafter - the demarcation commission), as well as
in expert commissions and other technical working groups created
to ensure the activities of the demarcation commission.
(3) Representatives shall be nominated for work in the
demarcation commission, expert commission or other technical
working group by taking into account the competence of the State
administrative institutions specified in laws and
regulations.
(4) The composition of the demarcation commission and the
expert commission on the Latvian side, and the State border
demarcation documents shall be approved by the Cabinet.
(5) Unless otherwise specified in international agreements,
the State border in the Baltic Sea shall coincide with the outer
edge of the territorial sea, which shall be taken as the point of
reference, using the base line. The co-ordinates of the base line
points shall be determined by the Cabinet.
Section 4. Establishment of the
State Land Border
(1) The establishment of the State land border shall include
the survey, marking on site and registration thereof in
accordance with the procedures specified in this Law.
(2) The survey of the State land border shall include the
determination of geodesic co-ordinates of the State border line
and State border signs and the drawing up of border demarcation
maps. The survey of the State land border shall be made in
accordance with the international agreements concluded by the
Republic of Latvia on determining the State border.
(3) The State land border shall be marked on site and secured
with border signs and other securing structures or elements (for
example, border trenches, clearances, fences) in accordance with
the international agreements concluded by the Republic of Latvia
on determining the State border. It is prohibited to damage,
destroy, transform or move border signs, securing structures or
elements.
[22 March 2018]
Section 5. Maintenance of the State
Border
(1) In order to ensure the preservation of the State land
border established in accordance with the international
agreements concluded by the Republic of Latvia, as well as the
preservation of border signs and other securing structures or
elements and the conformity thereof with the requirements of the
aforementioned agreement, the maintenance of the State land
border shall be organised.
(2) Within the scope of the maintenance of the State land
border the inspection of the land border on site, i.e.,
inspection of the location in the locality, comparison with the
demarcation documents, analysis of the visual condition,
detection of deficiencies, damages or non-conformities, shall be
performed and further actions for the elimination of deficiencies
or damages shall be determined.
(3) The restoration of the State land border (elimination of
the deficiencies or damages found during inspection) shall be
organised in accordance with the international agreements
concluded by the Republic of Latvia, if necessary, in
co-operation with the relevant authorised representatives of the
neighbouring country.
(4) If the necessary activities for the maintenance of the
State land border exceed the competence of the Republic of Latvia
specified in international agreements, inter-state co-operation
shall be initiated in accordance with the procedures specified in
laws and regulation, in order to resolve the issues of the
maintenance or restoration of the State border.
Section 6. Border Guarding
System
(1) The border guarding system is a combination of several
measures. The co-ordination and implementation of border control
at the external border and within the country, measures at the
internal border and within the country to be taken in order to
compensate the abolition of the border control at the internal
border, information exchange, co-operation in combating
cross-border organised crime, as well as the analysis of threats
and risks found in the field of border guarding shall be included
in the set of measures.
(2) The border guarding system shall be established in order
to ensure the maintenance of order at the State border, in the
border area and at the border crossing points, to perform checks
on persons, property and goods at the border crossing points, to
control the maintenance procedures at the State border, in border
areas and at border crossing points, to ensure the inviolability
of the State border and the objects of the infrastructure thereof
at the State border, in the border area, in the inland waters,
along the sea coast and at border crossing points.
(3) The border guarding system shall be determined by this
law, other laws and regulations and the international agreements
binding on the Republic of Latvia.
(4) State administrative institutions and the resources at the
disposal thereof shall be involved in the maintenance of the
border guarding system in accordance with the competence
thereof.
Section 7. Plenipotentiary Border
Representatives of the Republic of Latvia
In order to implement the functions assigned for the Republic
of Latvia that have been specified in accordance with
international agreements concluded with neighbouring countries,
the Cabinet shall appoint plenipotentiary border representatives
of the Republic of Latvia and their deputies from among the
border guards for activities in specific sections of the State
border, if their appointment has been provided for in the
relevant international agreement.
Chapter
II
Provision of State Border Security
Section 8. State Border Security
(1) The State border security is the set of measures specified
in this Law and other laws and regulations to guarantee the
inviolability of the State border and prevent threat to the
State.
(2) The aforementioned measures also include activities of
consular officials and specialised attachés (liaison officers) of
the Ministry of the Interior in foreign countries, international
co-operation of State administrative institutions, co-operation
of plenipotentiary border representatives, everyday mutually
co-ordinated activities of the competent authorities and law
enforcement institutions at the State border and within the
State.
(3) A State border zone shall be established along the State
land border, and also a borderland and a border area - along the
external land border.
[3 December 2015]
Section 9. State Border Regime
(1) In order to ensure the inviolability of the State border
on land, at sea and in the air space and controlled crossing of
the State border and not to allow persons to cross the external
border illegally, as well as to move property and goods across
the external border outside the specified border crossing points,
a State border regime shall be established.
(2) The State border regime shall include:
1) the procedures by which persons shall cross the State
border, as well as the procedures by which property and goods
shall be moved across the State border;
2) the procedures by which land vehicles and railway transport
shall cross the State border;
3) the procedures by which aircrafts shall cross the State
border in the air space;
4) the procedures by which vessels shall cross the State
border, as well as enter and stay in the territorial sea, inland
waters and ports.
Section 9.1 Border
Guarding Information System
(1) For the provision of the State border regime, the State
Border Guard shall organise a Border Guarding Information System
and manage its operations. The following information shall be
registered in the Border Guarding Information System:
1) regarding the events related to illegal crossing of the
State border, non-compliance with the requirements laid down for
the State border zone, patrol zone, borderland, border area
regime or at border crossing points, illegal movement of property
and goods across the State border, and also the persons involved
in such events;
2) regarding the vessels registered with the State Border
Guard and vehicles, which are used in internal waters, along
which the external border has been determined;
3) regarding the persons to whom special passes have been
issued, cancelled or refused.
(2) The Cabinet shall determine the amount of information to
be included in the Border Guarding Information System and the
time periods for storage, as well as the State administrative
institutions, which shall be granted with access to such
information.
[16 February 2012; 19 August 2021]
Section 9.2 European
Border Surveillance System (EUROSUR)
The State Border Guard shall fulfil functions of a national
coordination centre laid down in Regulation (EU) No 1052/2013 of
the European Parliament and of the Council of 22 October 2013
establishing the European Border Surveillance System
(EUROSUR).
[3 December 2015]
Section 9.3 Entry/Exit
System
[Section shall come into force after the start of
operations of the Entry/Exit System according to Article 66 of
Regulation No 2017/2226, and it shall be included in the wording
of the Law as of the day of the start of operations of the
Entry/Exit System. See Paragraph 12 of Transitional
Provisions]
Section 10. Crossing of the State
Border
(1) The State border shall be crossed by land, inland waters,
sea or air space.
(2) Persons shall cross the external land border, as well as
move property and goods across the external land border by
motorways (if the external border is determined over a river -
then by a crossing) or by railway (using railway transport), on
which a border crossing point has been established.
(3) The internal border shall be crossed at any location.
(4) Persons shall cross the State border with valid travel
documents and other documents, the necessity of which has been
specified in laws and regulations governing the procedures for
the entry, residence, exit or travel in transit of persons.
(5) The Cabinet shall determine the procedures by which
children shall cross the State border.
(6) During a search and rescue operation of persons the head
of this operation is entitled to decide on the crossing of the
State border outside the border crossing points in order to take
the rescued persons to a medical treatment institution, if actual
threats to the life or health of the persons exist, concurrently
informing the State Border Guard of the medical treatment
institution where the persons have been taken, the number of
persons taken and personal data if such is available. The State
Border Guard shall organise a border check at the medical
treatment institution to which the person has been taken.
(61) Persons who belong to the forces of a member
of the North Atlantic Treaty Organisation (NATO) (within the
meaning of Article I, Sub-paragraph "a" of the Agreement between
the Parties to the North Atlantic Treaty Regarding the Status of
Their Forces) and arrive in the Republic of Latvia to participate
in planned joint exercises of the National Armed Forces and
foreign armed forces may, in specific cases after receipt of a
permission from the State Border Guard, cross the external border
outside a border crossing point. The National Armed Forces shall
inform the State Border Guard in writing of the need to cross the
external border outside a border crossing point by agreeing on
the place where the border will be crossed, and also on the place
and time for border check at least two weeks before the
commencement of these exercises.
(7) Aircrafts shall cross the State border in accordance with
the procedures specified in laws and regulations regarding the
use of air space.
(8) Vessels shall cross the State border, which has been
specified in the Baltic Sea and in the Gulf of Riga of the Baltic
Sea, at any location, if not specified otherwise.
(9) Vessels of foreign states have the right to cross the
State border and enter the territorial sea in conformity with the
principle of innocent passage in accordance with the United
Nations Convention on the Law of the Sea of 10 December 1982.
(10) Persons shall cross the external border at border
crossing points in queue order. The following persons shall be
allowed to cross the external border at border crossing points by
emergency procedure:
1) injured or sick persons who need emergency medical
assistance or who are accompanied by medical practitioners;
2) persons with diplomatic, European Commission or United
Nation Organisation passports;
3) pedestrians, except for border crossing points which have
been created in ports and airports;
4) persons crossing the State border by regular international
route buses, emergency vehicles, vehicles with diplomatic
registration numbers, as well as by horse-drawn cart or
bicycle;
5) official delegations of State and local government
institutions, as well as organised children and tourist groups,
if the State Border Guard has been informed thereof and regarding
the intended border crossing point for crossing the external
border, in writing at least 24 hours prior to the period of the
planned crossing of the external border, as well as has received
a list of persons in which the given name, surname, personal
identity number and the type and number of the travel documents
has been indicated;
6) persons who are carrying goods by vehicles, net weight of
which in the amount of more 50 per cent of the total net weight
of goods is formed by the goods included on the lists of goods to
be carried by emergency procedure. A list of the goods to be
carried by emergency procedure, according to which perishable
goods carried in accordance with the Agreement on the
international carriage of perishable foodstuffs and on the
special equipment used for such carriage (ATP) of 1 September
1970 binding to the Republic of Latvia, as well as other goods
due to the nature of which it is necessary to cross the external
border by emergency procedure shall cross the external border at
border crossing points by emergency procedure, shall be
determined by the Cabinet;
61) persons who carry cargo by vehicles on
motorways at the border crossing points and the cargo fully
consist of goods the consignor of which, in accordance with the
directly applicable customs legislation of the European Union, is
a holder of a certificate of the Authorised Economic Operator
(AEO) if the carrier is concurrently the holder of the
aforementioned certificate;
7) persons rescued during a search and rescue operation of
persons;
8) other persons in the cases provided for in international
agreements.
(11) In exceptional cases, if it conforms with the provisions
of international law, the interests of the State of Latvia or is
related to force majeure circumstances or reasons of humanitarian
nature, other persons not referred to in Paragraph ten of this
Section shall be allowed to cross the border crossing points of
the external border by emergency procedure, if an authorisation
of the head of the State Border Guard or the authorised official
thereof has been received.
(12) The border crossing points shall be determined by the
Cabinet.
(13) The information regarding the persons crossing the
external border and travel documents thereof, as well as the
vehicles driven by the persons when crossing the external border
of the Republic of Latvia and documents of such vehicles shall be
registered by the State Border Guard in the State information
system. The Cabinet shall determine the amount of the information
to be included in the aforementioned system, the procedures for
using it and the time periods for the storage thereof.
[16 February 2012; 3 December 2015; 22 March 2018; 21
November 2019]
Section 10.1 Registration
for Crossing the External Land Border
(1) In order to exit with a goods vehicle, the total mass of
which exceeds 3500 kilograms, crossing the external land border
at the border crossing points specified by the Cabinet, such
vehicle shall be registered in a queue (hereinafter - the
external land border queue).
(2) [30 May 2013]
(3) The State Border Guard shall register vehicles in the
queue at the border crossing points determined by the
Cabinet.
(4) The Cabinet shall lay down the procedures for registering
vehicles in the queue and crossing the external land border.
[16 February 2012; 30 May 2013]
Section 11. Conditions for Crossing
the External Border for Vessels
(1) Vessels, which are crossing the external border in order
to enter a port of the Republic of Latvia, shall arrive in a port
where a border crossing point is located, except for the cases
provided for in points 3.2.4, 3.2.5 and 3.2.7 of Annex VI to
Regulation (EC) No 2016/399 of the European Parliament and of the
Council of 9 March 2016.
(2) After crossing the external border en route to a border
crossing point and back, vessels shall follow the principle of
innocent passage in accordance with the United Nations Convention
on the Law of the Sea of 10 December 1982.
(3) The procedures by which foreign warships and other foreign
State service ships enter and stay in the territorial sea, inland
waters, and ports, and also leave the territorial sea, inland
waters, and ports shall be determined by the Cabinet.
(4) The warships of the Republic of Latvia and the crew
thereof shall not be subject to border check and the conditions
referred to in this Section shall not be applicable thereto. If
persons not belonging to the National Armed Forces personnel of
the Republic of Latvia are present on a warship of the Republic
of Latvia when it is leaving or entering a port of the Republic
of Latvia, and whom border control needs to be performed, the
National Armed Forces of the Republic of Latvia shall inform the
State Border Guard of the necessity for border check and shall
co-ordinate the location and time thereof.
[22 March 2018; 23 September 2021]
Section 12. Flights between Member
States and Third Countries
(1) If an aircraft performs a flight between a Member State
and a third country, then the departure of the aircraft from the
Republic of Latvia and landing after entering the Republic of
Latvia shall only be permitted in airports and aerodromes
intended for international flights where border crossing points
are located.
(2) Gliders, helicopters, dirigibles, ultra-light aircraft and
aircraft for flights of small radius, which perform flights
between a Member State and a third country, shall be allowed to
land and to take off in certified aerodromes not referred to in
Paragraph one of this Section, within the scope of an air show,
as well as an event organised by a State administrative
institution. In such case it shall be allowed to cross the State
border with the property and goods in personal luggage, to which
an exemption from payment of the customs duty shall be applied in
accordance with the conditions of Chapter X of Council Regulation
(EC) No 1186/2009 of 16 November 2009 setting up a Community
system of reliefs from customs duty. The compliance with the
requirement shall be controlled by the State Border Guard. The
Cabinet shall determine the procedures by which checks of the
aforementioned aircraft and the persons aboard the aircraft shall
be organised in order to establish the fact of crossing the State
border.
(3) An aircraft participating in the disaster prevention or
response, or liquidation works of the consequences caused
thereby, may land outside the border crossing points, if it is
provided for by a flight permit issued by the Ministry of Foreign
Affairs.
(4) If an emergency landing is required (an accident has
occurred), aircraft shall be allowed to land in an airport or
aerodrome, in which there is no border crossing point, or in
other location suitable for landing.
(5) If an emergency landing is performed, it shall be allowed
to land an aircraft in an airport or aerodrome in which there are
no border crossing points or in other location suitable for
landing.
(6) In the cases referred to in Paragraphs three, four and
five of this Section the checks necessary for establishing the
fact of crossing the State border shall be organised at the
location where an aircraft lands or is landed.
(7) The military aircrafts of the Republic of Latvia and the
crew thereof shall not be subject to border check and the
conditions referred to in this Section shall not be applicable
thereto. If persons not belonging to the personnel of the
National Armed Forces of the Republic of Latvia are present on
the military aircraft of the Republic of Latvia when it is taking
off or landing in the Republic of Latvia, and whom border check
needs to be performed, the National Armed Forces of the Republic
of Latvia shall inform the State Border Guard of the necessity
for a border check and shall co-ordinate the location and time
thereof.
[16 February 2012]
Chapter
III
Regime of the State Border Zone, Patrol Zone, Borderland, and
Border Area
[19 August 2021]
Section 13. Determination of the
State Border Zone, Patrol Zone, and Border Sign Surveillance
Zone
(1) In order to mark the physical location of State land
borders in the entire length thereof, and also to create the
circumstances necessary for the existence of the border guarding
system at the external border, the Cabinet shall determine a
State border zone of a specific width along the external and
internal border. The width of the State border zone shall not be
narrower than the width of State border zone specified in the
international agreements concluded by the Republic of Latvia.
(2) If the external border has been determined along the
middle of a river (except for a public river), stream, canal, or
ditch, the State border zone shall be determined from the line of
the upper edge of the bank of the watercourse or from the
waterline under normal water conditions, or from the edge of the
ditch. The area of land and water surface between the line of the
upper edge of the bank of the watercourse or the waterline under
normal water conditions, or the edge of the ditch and the State
border shall be additionally included in the State border
zone.
(3) If the internal border has been determined along the
middle of a river, stream, canal, or ditch, the State border zone
shall be determined from the State border line.
(4) The survey and marking of the State border zone in the
locality shall be performed within the scope of the establishment
of the State land border, observing the distance specified for
the width of the State border zone from the established State
border line or in the case specified in Paragraph two of this
Section - from the line of the upper edge of the bank of the
watercourse or from the waterline under normal water conditions,
or from the edge of the ditch.
(5) In places where the State border zone cannot be determined
along the external border (public rivers and lakes) or it cannot
be determined due to natural obstacles (flooded or swampy
territory, bluff) and it is not possible to ensure, by other
means, the circumstances required for existence of the border
guarding system at the external border, the Cabinet can determine
a patrol zone. The patrol zone shall be determined as close to
the State border as possible.
(6) The Cabinet shall determine the location of the patrol
zone in a particular section along the external border. When
determining the location of the patrol zone, the Cabinet shall
also assess the rights of private individuals to access the
relevant territory, including the proportionality and necessity
of determining the patrol zone.
(7) The territory from the State border to the patrol zone
shall be a border sign surveillance zone. The border sign
surveillance zone is not a part of the patrol zone. If the State
border cannot be seen from the patrol zone or visibility of the
State border is substantially hindered, a border sign
surveillance zone may be established and maintained, insofar it
is necessary for ensuring the visibility of the State border.
(8) The Cabinet shall determine the requirements for the
establishment and maintenance of the State border zone along the
external and internal border, and also the requirements for the
establishment and maintenance of the patrol zone and the border
sign surveillance zone.
(9) The State shall have exclusive property rights to the land
in the State border zone, the patrol zone, and the border sign
surveillance zone. Land in the ownership of private individuals
in the State border zone, the patrol zone, and the border sign
surveillance zone shall be subject to alienation in accordance
with the Law on the Alienation of Immovable Property Necessary
for Public Needs.
(10) The State border zone regime shall be in effect in the
State border zone which is determined along the external border.
The patrol zone regime shall be in effect in the patrol zone, and
the border sign surveillance zone regime shall be in effect in
the border sign surveillance zone.
[19 August 2021]
Section 14. State Border Zone
Regime
Persons are prohibited from staying in the State border zone,
except when it is connected with:
1) border surveillance;
2) the maintenance and restoration works of the State land
border, the securing structures or elements thereof and the State
border zone, which have been co-ordinated with the State Border
Guard;
3) the maintenance work of communications crossing the State
border (for example, pipelines, communication lines, power
lines), motorways and railways, which have been co-ordinated with
the State Border Guard;
4) geodesic and cartography work which has been co-ordinated
with the State Border Guard;
5) the work for the elimination of the consequences of
disasters, regarding which the State Border Guard has been
informed.
Section 14.1 Patrol Zone
Regime and Border Sign Surveillance Zone Regime
The presence of persons in the patrol zone and the border sign
surveillance zone is prohibited, except for the following
cases:
1) in the cases specified in Section 14, Clauses 1, 3, 4, and
5 of this Law;
2) if it is related to the maintenance and restoration works
of the State land border, the securing structures and elements
thereof, and the patrol zone and the border sign surveillance
zone which have been coordinated with the State Border Guard;
3) if the term pass referred to in Section 18 of this Law has
been received with the indication that the person has the right
to be present in the patrol zone and the border sign surveillance
zone.
[19 August 2021]
Section 15. Determination of the
Borderland
(1) In order to ensure the conditions necessary for the
existence of a system for the guarding of the territory of the
Republic of Latvia and the border guarding system, as well as the
border surveillance of the territory adjoining the external land
border, the Cabinet shall determine a borderland, not wider than
two kilometres, starting from the State border.
(2) The part of the borderland shall include the State border
zone, and also the patrol zone and the border sign surveillance
zone.
[19 August 2021]
Section 16. Borderland Regime
(1) [3 December 2015]
(2) It is prohibited to situate prisons and medical treatment
institutions of psychiatric profile in the borderland.
(3) Public events in the borderland shall be organised in
accordance with the laws and regulations governing the procedures
for the organisation of public entertainment and holiday
events.
(4) Hunting in the borderland shall be organised in accordance
with the laws and regulations governing the procedures for the
organisation of hunting.
(5) [16 February 2012]
(6) The organisers of shooting, explosive or pyrotechnic
activities planned in the borderland shall co-ordinate them in
writing with the relevant territorial structural unit of the
State Border Guard at least two weeks prior to the commencement
of this work. Co-ordination with the State Border Guard shall not
release from the obligation to receive a permit for the
performance of the aforementioned activities in accordance with
the procedures specified in other laws and regulations.
(7) Establishment of such structures, enclosures, embankments,
trenches, communication towers or other facilities, as well as
melioration and irrigation works which hinder border
surveillance, movement of officials of competent authorities and
vehicles involved in border control, the maintenance of the State
border or access to the facilities of border control, is
prohibited in the borderland.
(8) In order to prevent the illegal crossing of the external
border, the State Border Guard may, in the borderland, close
rural or forest paths, clearances, crossing points and bridges
which cross the external border or create obstacles on them and
erect informative signs informing the local government and land
owners thereof.
[16 February 2012; 3 December 2015]
Section 17. Use of Vessels and
Vehicles, Fishing, Angling, Swimming and Other Activities in
Inland Waters Having a Determined External Border
(1) The use of vessels and vehicles, fishing, angling,
swimming and other activities in inland waters having a
determined external border shall only be permitted during the
period of time between sunrise and sunset.
(2) The use of only such vessels and vehicles shall be
permitted in inland waters having a determined external border,
which have been registered in the State registers in accordance
with the procedures specified in laws and regulations or in the
State Border Guard (vessels and vehicles which are not subject to
mandatory registration in State registers).
(3) The procedures by which the State Border Guard shall
register vessels and vehicles which are used on inland waters
having a determined external border shall be determined by the
Cabinet.
Section 18. Special Passes
(1) Persons from the age of 15 years, when staying in the
borderland, shall need a special permit issued by the State
Border Guard, except cases when:
1) the person who has declared his or her place of residence
in the borderland is residing in the borderland of the relevant
municipality (town) or the adjoining municipality (town);
2) the person is travelling by a State motorway which crosses
the borderland;
3) an official (employee) of a State administrative
institution or local government is fulfilling the duties of
service (position) in the borderland and can present a service
identification document if it is provided for in the laws and
regulations regulating the activities of the relevant
institution;
4) the person may present a local border traffic permit issued
by the Republic of Latvia.
(2) The following special passes shall be issued to persons by
the State Border Guard:
1) permanent passes;
2) term passes.
(3) A permanent pass shall be issued to a person owning
immovable property in the borderland.
(4) A term pass shall be issued to a person who wishes to stay
in the borderland or the patrol zone and the border sign
surveillance zone. The term pass shall be issued for the period
of time for which it is necessary to stay in the patrol zone and
the border sign surveillance zone or the borderland, but not
longer than for one year. An employer is entitled to submit an
application for the issuance of a term pass to his or her
employees and persons with whom a work performance contract has
been entered into if the stay thereof in the borderland is
related to the fulfilment of official duties.
(5) An official of the State Border Guard, who is entitled to
take the decision to issue a special pass, is also entitled to
reject the issuance of a term pass or issue it for a shorter
period than that indicated in the application for the issuance of
a term pass in the following cases:
1) a reinforced border control has been introduced in the
relevant borderland or patrol zone and border sign surveillance
zone;
2) an enhanced mode of operation of the border guarding system
has been declared or an emergency situation or state of exception
have been declared in the relevant borderland or patrol zone and
border sign surveillance zone;
3) the person requesting a special pass has been found guilty
of committing such a criminal offence, which is related to human
trafficking, terrorism, spying, illegal movement of persons
across the State border, smuggling, illegal activities involving
narcotic or psychotropic substances, weapons, explosives,
explosive devices, radioactive substances, as well as illegal
crossing of the State border, by a ruling which has come into
effect;
4) it has been established that the reasons indicated in the
application for the receipt of a term pass or the requested time
period do not correspond to the facts of the stay of the person
in the borderland or the patrol zone and the border sign
surveillance zone;
5) the person who requests the special pass has been
administratively punished for smuggling or violations of the
regulations regarding the circulation of goods to which excise
duty is applied;
6) the State Border Guard has information which provides
grounds to believe that the person constitutes a threat to the
public order or security of the State.
(6) An official of the State Border Guard, who is entitled to
take the decision to issue a special pass, may cancel a term pass
if any of the circumstances referred to in Paragraph five,
Clauses 3, 4, 5 and 6 of this Section have been established.
(7) The procedures for the issuance and cancellation of
special passes and the sample forms of these passes shall be
determined by the Cabinet.
(8) A person whose term pass is cancelled has the obligation
to leave the borderland or the patrol zone and the border sign
surveillance zone within 24 hours after the decision has been
notified. Contesting or appeal of the decision to cancel a term
pass shall not suspend its operation.
[16 February 2012; 3 December 2015; 19 August 2021; 23
November 2023]
Section 19. Determination of the
Border Area
(1) In order to create such conditions that would prevent
persons from illegally crossing the external border in any manner
or by any means, as well as from moving property and goods across
the external border outside the determined border crossing
points, and in order to combat cross-border crime, the Cabinet
shall determine a border area along the external land border, not
narrower than 30 kilometres starting from the State border.
(2) The part of the border area shall include the borderland,
the State border zone, and also the patrol zone and the border
sign surveillance zone.
[16 February 2012; 19 August 2021]
Section 20. Border Area Regime
(1) When staying in the border area, a person has the
obligation to keep in possession and present upon a request of an
official of the State Border Guard a document (documents), which
certifies the identity of the person and the right to reside in
the Republic of Latvia. The aforementioned condition shall not
apply to a person who is an official (employee) of a State
administrative institution or local government and, in fulfilling
service (official) duties in the border area, may present a
service identification (work) document provided for in the laws
and regulations governing the operation of the relevant
institution.
(2) The organiser of manoeuvres or exercises of units of the
National Armed Forces or law enforcement institutions, in which
the use of weapons, special technical equipment of military or
other type or vehicles is intended, in the border area shall
inform the State Border Guard of the planned referred to
manoeuvres or exercise in writing at least two weeks prior to the
commencement of these manoeuvres or exercises.
(3) The State Border Guard is entitled to prohibit or suspend
the manoeuvres or exercises referred to in Paragraph two of this
Section, if in the relevant borderland or in the territory of the
neighbouring country adjacent to the external border:
1) a reinforced border control has been introduced;
2) an enhanced mode of operation of the border guarding system
has been declared or an emergency situation or state of exception
have been declared.
[16 February 2012; 23 November 2023]
Section 21. Marking of the Border
Area, the Borderland, the State Border Zone, and the Patrol
Zone
The border area, the borderland, the State border zone, and
the patrol zone shall be marked on site with marker posts and
informative signs. The samples and procedures for the
installation of marker posts and informative signs shall be
determined by the Cabinet.
[19 August 2021]
Chapter
IV
Organisation of Border Control at Border Crossing Points and at
the State Border
Section 22. Checks at Border
Crossing Points
(1) Persons crossing the external border in order to enter or
exit the Republic of Latvia, as well as property and goods being
moved across the external border by land, by aircraft or vessels
in order to bring them into or bring them out of the Republic of
Latvia, shall be subject to checks at the border crossing points.
The purpose of these checks shall be to confirm the fact of the
crossing of the external border and that the persons remain in
the Republic of Latvia, and that property and goods are being
brought into or brought out of the Republic of Latvia
legally.
(2) The conditions referred to in Paragraph one of this
Section shall not be applicable to those persons entering and
those persons leaving the Republic of Latvia, who are staying
during the travel only in accordance with the conditions of the
Convention on International Civil Aviation of 7 December 1944 in
the transit zone of the international airport created in the
territory of the Republic of Latvia. However, it shall not
restrict the rights of competent authorities to perform checks
which are necessary in the interests of State security, as well
as for the prevention of illegal immigration.
(3) The competent authorities shall perform the necessary
checks at a border crossing point in order to establish whether
persons are fulfilling the provisions of this Law and other laws
and regulations regarding the crossing of the external border, as
well as the movement of property, goods and vessels across the
external border. Aircrafts shall be checked in cases when it is
necessary in the interests of State security, as well as for the
prevention of illegal immigration.
(4) Checks at a border crossing point shall be as follows:
border check, which is performed by officials of the State Border
Guard; customs control, which is performed by officials of the
customs authority; veterinary or phytosanitary control, control
of food safety or of safety of non-food products, quality and
classification control, which is performed by officials of the
Food and Veterinary Service, as well as radiometric control,
which is performed by officials of State administrative
institutions specified in laws and regulations.
(5) During a check officials of the competent authorities
shall be allowed to restrict and, if necessary, also prohibit
persons from leaving or entering a vehicle, aircraft or vessel,
as well as to request that persons leave a vehicle, aircraft or
vessel.
(6) For ensuring the functions and tasks thereof the competent
authorities shall develop and approve a technology, which shall
include a schematic description of the locations for performing
checks and a description and sequence of activities to be
performed. The technology of checks shall be co-ordinated with
the administration of the airport, the owner or operator of the
aerodrome, the port authority, the owner or manager of the port
facility or the railway structure manager of the relevant border
crossing point.
(7) Border crossing points in which border check, customs
control, veterinary or phytosanitary control, control of food
safety or of safety of non-food products, quality and
classification control and radiometric control, as well as the
period of time for the performance of these checks shall be
determined by the Cabinet.
(8) The formalities, which are connected with vessels entering
and leaving a port, shall be determined by the Cabinet.
(9) At a border crossing point where customs control is not
intended, it shall be allowed to cross the State border with the
property and goods in personal luggage, the fuel and lubricants
in vehicles and special tanks, to which an exemption from payment
of the customs duty shall be applied in accordance with the
conditions of Chapters X and XXVIII of Council Regulation (EC) No
1186/2009 of 16 November 2009 setting up a Community system of
reliefs from customs duty. The compliance with the requirement
shall be controlled by the State Border Guard.
[16 February 2012]
Section 23. Provision of the
Competent Authorities with Appropriate Locations or Rooms for the
Performance of Checks
In ports, airports and aerodromes where border crossing points
have been established, the port authority or the airport or
aerodrome owner or operator shall, free of charge, ensure the
competent authorities with locations or rooms appropriate for the
performance of checks and equipped with the necessary
communications.
Section 24. Local Border Traffic
(1) The Cabinet shall determine the border crossing points
where the external border shall be crossed on the basis of the
special procedures for crossing of the external border specified
in the agreement of the Republic of Latvia and the neighbouring
country (hereinafter - the local border traffic).
(2) Checks shall be performed by the State Border Guard at the
border crossing points which are intended only for the local
border traffic.
Section 25. Organisation of Movement
at Border Crossing Points
(1) Border crossing points shall be marked by marker posts
and, if necessary, enclosed. Access and exit from a border
crossing point shall only be permitted by the roads and ways
intended for this purpose and marked with informative signs.
(2) The movement of persons and vehicles, the movement of
property and goods at border crossing points shall take place in
conformity with informative signs, as well as instructions of
officials of the competent authorities.
(3) In ports, airports and aerodromes where border crossing
points have been created, separation of the flow of persons
subject to checks from the flow of persons who are not crossing
the State border or who are not subject to checks in accordance
with international agreements, shall be ensured.
(4) At border crossing points created on motorways, the State
Border Guard shall allow the persons who are crossing the
external land border in order to enter or leave the Republic of
Latvia, to leave the territory of the border crossing point, as
well as to move goods and property which are being brought in or
brought out of the Republic of Latvia, after receipt of
information that the competent authorities have completed their
check.
Section 26. Border Crossing Point
Regime
(1) A border crossing point regime shall be in force at border
crossing points, which determines the procedures by which persons
are permitted to stay and move at a border crossing point, as
well as the procedures by which the competent authorities perform
activities which are connected with the admittance of persons, as
well as the movement of property and goods across the external
border.
(2) The border crossing point regime shall be applicable to
the section of the territory of the sea port, airport, aerodrome
or railway station in which border check is being performed, but
at border crossing points created on motorways - to the entire
border crossing point.
(3) The border crossing point regime shall be determined in
accordance with the type of border crossing point. Depending on
the functional significance of the buildings, structures and
territory of the border crossing point, the border crossing point
regime shall be divided as follows:
1) the border check zone regime;
2) the regime of the closed territory of the border crossing
point;
3) the regime of the open territory of the border crossing
point.
(4) The border crossing point regime shall be ensured by the
competent authorities involved in border control, but the State
Border Guard shall organise the provision of control of the
border crossing point at the border crossing point.
(5) The special characteristics of the border crossing point
regime in accordance with the functional significance of the
buildings, structures and territory of the border crossing point,
as well as the procedures for the performance of the necessary
activities at the border crossing point related to the admittance
of persons, as well as the movement of property and goods across
the external border, shall be determined by the Cabinet.
Section 27. Rights and Obligations
of Persons, as well as Prohibitions to Persons at Border Crossing
Points
(1) A person at a border crossing point has the right to
receive the following information:
1) the given name, surname and position of the official
performing the check;
2) the order and procedures of the check.
(2) A person staying at a border crossing point has an
obligation to:
1) keep with him or her a personal identification document or
other documents specified in the laws and regulations governing
the border crossing point regime, which are necessary in order to
stay at the border crossing point, except for the border crossing
points which have been created in ports, airports and railway
stations;
2) upon the request of officials of the competent authorities,
to present a personal identification document for check, as well
as other documents specified in the laws and regulations
governing the border crossing point regime, which are necessary
in order to stay at the border crossing point;
3) upon the request of officials of the competent authorities,
to present the vehicle, vessel, aircraft, property and goods and
their accompanying documents at the disposal thereof for
inspection, if the necessity for such documents is specified by
laws and regulations;
4) upon the request of officials of the competent authorities
to provide oral and written explanations regarding their
activities at the border crossing point;
5) inform the officials of the competent authorities regarding
the necessity to import weapons, ammunition, special means,
explosives, narcotic and psychotropic substances, radioactive
substances, other items or substances for the transportation of
which a special permit is necessary, into the territory in which
a border crossing point regime has been determined;
6) inform the officials of the competent authorities of the
necessity to perform any type of activities which may influence
the border crossing point;
7) move in conformity with the road signs and informative
signs, as well as the instructions of the officials of the
competent authorities;
8) to fulfil other legal requirements of the officials of the
competent authorities.
(3) A person arriving at a border crossing point in order to
cross the external border, shall have the following obligations
during a check:
1) to reply to the questions of officials of the competent
authorities about himself or herself, the purpose of the trip and
other circumstances which may attest the fulfilment of the
conditions for crossing the external border;
2) upon the request of officials of the competent authorities,
to present valid travel documents and other documents, the
necessity of which has been specified in the laws and regulations
governing the entry, residence, exit or travel in transit
procedures of persons;
3) upon the request of officials of the competent authorities,
to present the vehicle, vessel, aircraft, property and goods and
their accompanying documents at the disposal thereof for check,
if it is specified by laws and regulations;
4) to inform officials of the competent authorities of the
weapons, ammunition, special equipment, explosives, narcotic or
psychotropic substances, radioactive substances or other items or
substances at the disposal thereof (including those in vehicles),
for the transportation of which a special permit is
necessary;
5) to fulfil other legal requirements of the officials of the
competent authorities.
(4) It is prohibited for a person at a border crossing point
to:
1) perform any activities which may hinder the fulfilment of
the service duties of the officials of the competent
authorities;
2) enter and stay in the service premises of the competent
authorities without the permission of an official of the
competent authority;
3) smoke outside specially determined and designated
places.
Section 28. Temporary Reintroduction
of Border Control at the Internal Border
(1) The Cabinet shall decide on the temporary reintroduction
of border control at the internal border, extension of the term
for reintroduction of border control or revocation of the
temporary reintroduction of border control by considering the
conditions of Regulation (EC) No 2016/399 of the European
Parliament and of the Council of 9 March 2016.
(2) In especially urgent and substantiated cases the decision
to temporary reintroduce border control at the internal border
shall be taken by the Minister for the Interior, informing the
Cabinet thereof without delay.
(3) The following shall be indicated in the decision to
temporary reintroduce border control at the internal border:
1) reasons for reintroduction of border control;
2) the locations where the border control shall be
reintroduced;
3) the extent of border control;
4) the date of reintroduction of border control and the
planned duration.
(4) If it is decided to temporary reintroduce border control
at the internal border, the border crossing point regime shall
not be applicable to the locations where the border control is
reintroduced.
(5) The Ministry of the Interior shall organise and manage
consultations, the provision of information and other
organisational measures connected with temporary reintroduction
of border control at the internal border.
[22 March 2018]
Section 29. Use of Technical Means
and Service Dogs in Border Control
(1) For the purpose of fulfilling its functions, the State
Border Guard shall use the technical means and service dogs
necessary for border checks and border surveillance.
(11) It is prohibited to damage, destroy, transform
or move the technical means of border checks and border
surveillance. It is prohibited to attack, delay or impede a
service dog or deprive a service dog of a possibility to perform
the tasks assigned thereto.
(2) The technical means necessary for border check and border
surveillance shall be determined by the Cabinet.
(3) The Cabinet shall determine the procedures for the
control, storage and use of information acquired by devices for
recording video information of the State Border Guard.
[22 March 2018]
Section 30. Involvement of Officials
of Other Countries in Border Control
If necessary, by complying with the requirements of the laws
and regulations of the European Union, international agreements
and laws and regulations of the Republic of Latvia, the officials
of other countries may be involved in the implementation of
border control at the State border and at border crossing
points.
Chapter V
Authorisation of State Administrative Institutions and Other
Institutions
Section 31. Authorisation of State
Administrative Institutions in the Determination, Establishment
and Maintenance of the State Border
(1) The Ministry of Foreign Affairs shall:
1) on the basis of a decision of the Saeima or the
Cabinet, conduct bilateral negotiations regarding the
determination or restoration of the State border and a border
crossing point and the determination of the State border
regime;
2) organise and manage demarcation commissions within the
scope of the determination and restoration of the State
border;
3) regulate border incidents, which have not been regulated by
plenipotentiary border representatives of the Republic of
Latvia.
(2) The Ministry of Defence shall:
1) regulate all incidents connected with the violation of the
State air space regime in accordance with the competence
thereof;
2) ensure the survey of the State border - the determination
of the State border line and the geodesic co-ordinates of the
State border signs and the drawing up of State demarcation
maps.
(3) The Ministry of the Interior shall:
1) organise and ensure the marking of the State land border on
site and the fixing thereof, the establishment of the State
border zone, the patrol zone, the border sign surveillance zone,
the borderland, and the border area, and also plan and ensure the
maintenance of the State land border in conformity with the
competence thereof specified in the relevant laws and
regulations;
2) ensure the preparation of the documents necessary for the
alienation of private properties in the cases specified in this
law and in accordance with the procedures specified in laws and
regulations;
3) resolve matters regarding the introduction of the State
border regime in accordance with the competence thereof;
4) regulate incidents connected with the violation of the
State border regime in accordance with the competence
thereof.
[19 August 2021]
Section 32. Co-operation of State
Administrative Institutions
The Cabinet shall determine the procedures by which State
administrative institutions shall co-operate in matters of State
border security.
Section 33. Rights of the Air Force
of the National Armed Forces in Provision of the Border Guarding
System
In order to ensure the sovereignty and inviolability of the
State air space, the Air Force of the National Armed Forces has
the right:
1) to involve competent authorities, institutions of other
states and of the North Atlantic Treaty Organisation (NATO) in
the clarification of situations arising in the State air space
and in the identification of aircraft;
2) to prohibit or restrict aircraft flights in individual
regions of the State air space, if threats arise that the State
border might be illegally crossed by its air space;
3) to request the crews of aircraft that are crossing the
State border illegally, to land in the territory of the Republic
of Latvia in order to clarify the circumstances and reasons for
the illegal crossing of the State border;
4) to conducts the interception of the illegally crossing
aircraft, the diversion to the country from which it has flown,
the escorting or forced landing thereof.
Section 34. Rights of the North
Atlantic Treaty Organisation (NATO) in the Provision of the
Border Guarding System
In order to ensure the sovereignty and inviolability of the
air space of the Republic of Latvia, the North Atlantic Treaty
Organisation (NATO) has the right to perform the control and
guarding of the air space thereof.
Section 35. Support of Local
Governments for the State Administrative Institutions Involved in
Provision of the Border Guarding System
Local governments shall provide support within the competence
thereof to the State administrative institutions involved in
provision of the border guarding system.
Section 35.1 Right of the
Cabinet to Declare Enhanced Mode of Operation of the Border
Guarding System
(1) When establishing a disproportionate number of cases of
illegal crossing of the State border or attempt thereof, the
Cabinet may declare an enhanced mode of operation of the border
guarding system to ensure the inviolability of the State border
and the prevention of threat to the State.
(2) When declaring an enhanced mode of operation of the border
guarding system, the Cabinet has the right, insofar as necessary
and proportionate for the prevention or overcoming of the
relevant threat, to determine one or several of these measures in
all border area or part thereof depending on the intensity of the
threat:
1) special procedures for movement and gathering;
2) special procedures for the movement of vehicles or
restrictions on such movement;
3) full or partial suspension of the operation of specific
border crossing points, concurrently ensuring the right of
persons to exercise their rights and lawful interests which
cannot be derogated from;
4) special procedures for economic activity or restrictions on
such activity;
5) special procedures for the availability of goods, medicinal
products, energy resources, services, and other material and
technical resources;
6) the right to not apply the public procurement regulation or
to determine special procedures for performing public
procurements in relation to goods or services which are necessary
for the protection of significant interests of national
security;
7) the right of officials involved in the prevention or
overcoming of the relevant threat to enter non-residential
premises and the territory of plots of land in order to, in the
case of reasonable suspicion, discover the hiding places of
persons who have crossed the State border illegally or to
discover the hiding places of goods moved across the State border
outside the border crossing points, or to capture such persons or
seize such goods;
8) the right of officials involved in the prevention or
overcoming of the relevant threat to enter residential premises
in order to, in the case of reasonable suspicion, capture the
person who has crossed the State border illegally or to prevent
threat to human lives;
9) restrict the right of persons to be at specific places
without permission;
10) assign the performance of specific tasks to State
administration and local government authorities according to
their competence;
11) rights of the officials participating in the prevention or
overcoming of the relevant threat to, in the case of reasonable
suspicion, stop vehicles and inspect them, to require a person to
present a personal identification document and receive it for
verification, and also to request information and documents to
ascertain that it is lawful for the person to be in the territory
of the Republic of Latvia;
12) rights of the officials participating in the prevention or
overcoming of the relevant threat to detain a person regarding
whom there is a reasonable suspicion that he or she has illegally
crossed the State border, has illegally moved persons across the
State border, or has provided a person with an opportunity to
illegally stay in the Republic of Latvia, until the moment when
such person is transferred to the competent authority.
(21) Insofar as necessary and proportionate for the
prevention or overcoming of the relevant threat, the Cabinet is
entitled to assign the performance of the measures specified in
Paragraph two of this Section to the National Armed Forces
personnel, determining the rights and provisions for the
participation of the personnel participating in the
implementation of the measures of an enhanced mode of operation
of the border guarding system, and also, where necessary,
providing additional remuneration for the participating National
Armed Forces personnel.
(3) The public electronic mass media shall, in compliance with
the conditions of the Cabinet regarding the procedures for and
urgency of the provision of information, announce the decision to
declare an enhanced mode of operation of the border guarding
system free of charge and also shall provide other information on
the declaration of an enhanced mode of operation of the border
guarding system and recommendations for inhabitants on how to
proceed.
(4) The Cabinet has the right to declare an enhanced mode of
operation of the border guarding system for a period not
exceeding six months, with the possibility, if necessary, to
extend the abovementioned term until the relevant threat is
prevented or overcome.
(5) If the threat that was the basis for the declaration of an
enhanced mode of operation of the border guarding system has been
prevented or overcome, the Cabinet shall revoke the decision to
declare an enhanced mode of operation of the border guarding
system before the specified term.
(6) The person has the right to contest and appeal
administrative acts issued during the enhanced mode of operation
of the border guarding system or the actual actions of officials
in accordance with the procedures laid down in the Administrative
Procedure Law. The contesting or appeal of the decision shall not
suspend the operation thereof if the relevant decision is closely
linked with the declared enhanced mode of operation of the border
guarding system.
(7) The institution shall, immediately but not later than
within 24 hours, inform the Office of the Prosecutor of each case
when the official involved in the prevention or overcoming of the
relevant threat has exercised the right referred to in Paragraph
two, Clause 7 or 8 of this Law.
(8) Such overtime work (time for the performance of service
duties) which exceeds the maximum overtime work (time for the
performance of service duties) specified in the Labour Law, the
Law on the Course of Service of the Officials with Special
Service Ranks of the Institutions of the System of the Ministry
of the Interior and the Prison Administration or the law On State
Security Institutions but does not exceed 60 hours per week may
be determined for the person participating in the prevention or
overcoming of the relevant threat according to the nature and
intensity of his or her work (service duties). As soon as the
need for such overtime work (time for the performance of service
duties) has ceased to exist, it shall be revoked.
(9) The provisions of Section 136, Paragraph four of the
Labour Law shall not be applicable to the cases referred to in
Paragraph eight of this Section.
[22 June 2023; 12 October 2023; 23 November 2023]
Chapter
VI
Administrative Offences in the Field of State Border Security and
Competence in the Administrative Offence Proceedings
[24 October 2019 / Chapter shall
come into force on 1 July 2020. See Paragraph 6 of Transitional
Provisions]
Section 36. Violation of the
Regulations Governing the Security of the State Border
For the violation of the State border, the State border zone,
the patrol zone, the border sign surveillance zone, the
borderland, the border area, or the border crossing point regime,
a warning or a fine of up to one hundred units of fine shall be
imposed.
[24 October 2019; 19 August 2021; 23 November 2023]
Section 37. Damaging, Destruction,
Modification or Movement of a State Border Sign, Securing
Structure or Element, or the Technical Means of Border Checks and
Border Surveillance
For the damaging, destruction, modification or movement of a
State border sign, securing structure or element, or the
technical means of border checks and border surveillance, a fine
of up to two hundred units of fine shall be imposed.
[24 October 2019 / Section shall come into force on 1 July
2020. See Paragraph 6 of Transitional Provisions]
Section 38. Competence in
Administrative Offence Proceedings
The administrative offence proceedings for the violation
referred to in Sections 36 and 37 of this Law shall be conducted
by the State Border Guard.
[24 October 2019 / Section shall come into force on 1 July
2020. See Paragraph 6 of Transitional Provisions]
Transitional
Provisions
1. With the coming into force of this Law the State Border Law
of the Republic of Latvia adopted on 27 October 1994 (Latvijas
Republikas Saeimas un Ministru Kabineta Ziņotājs, 1994, No.
23; 1995, No. 24; 1997, No. 2; 1998, No. 22; 1999, No. 24; 2000,
No. 13; 2001; No. 7, No. 21; 2004, No. 2, No. 8; 2005, No. 2) is
repealed.
2. Until the date of the coming into force of the relevant
Cabinet regulations, but not longer than eight months from the
date of coming into force of this Law, the following Cabinet
regulations shall be in force insofar as they are not in conflict
with this Law:
1) Cabinet Regulation No. 246 of 2 July 1996, Regulations
Regarding the Determination of State Border Crossing Points and
Location of Border Control Points and Border Crossing Points at
the State Border of the Republic of Latvia;
2) Cabinet Regulation No. 6 of 13 January 1998, Regulations
Regarding State Border Signs;
3) Cabinet Regulation No. 503 of 29 December 1998, On the
Determination of the State Border Zone of the Republic of Latvia
and the Russian Federation;
4) Cabinet Regulation No. 74 of 2 March 1999, Regulations
Regarding the Co-ordinates of Base Line Points;
5) Cabinet Regulation No. 21 of 16 January 2001, Procedures by
which Foreign Warships shall Enter and Remain in the Territorial
Waters, the Inland Waters and Ports of the Republic of Latvia,
and Leave from These;
6) Cabinet Regulation No. 43 of 30 January 2001, On the
Determination of the State Border Zone of the Republic of Latvia
and the Republic of Belarus;
7) Cabinet Regulation No. 310 of 10 July 2001, Procedures by
which Persons Cross the State Border of the Republic of
Latvia;
8) Cabinet Regulation No. 126 of 19 March 2002, Procedures by
which the State Border Guard shall Perform Guarding of the State
Sea Border utilising Technical Means, Craft and Aircraft of the
National Armed Forces;
9) Cabinet Regulation No. 195 of 21 May 2002, Regulations
Regarding Equipment and Technical Facilities Necessary for
Performance of Border Control;
10) Cabinet Regulation No. 296 of 9 July 2002, Regulations
Regarding the Border Control Point Regime;
11) Cabinet Regulation No. 499 of 4 November 2002, Regulations
Regarding Border Area Regime and Borderland Regime of the
Republic of Latvia;
12) Cabinet Regulation No. 892 of 22 November 2005,
Regulations Regarding Formalities Related with Ships Arriving in
and Departing from Port.
3. Section 9.1 of this Law shall come into force on
1 September 2012.
[16 February 2012]
4. Section 10.1 of this Law shall come into force
on 1 July 2012.
[16 February 2012]
5. Until the day when the Cabinet regulations referred to in
Section 19, Paragraph one of this Law come into force, but not
later than until 1 September 2012 Cabinet Regulation No. 674 of
27 July 2010, Regulations Regarding the State Border Zone, the
Borderland and the Border Area, as well as Samples of Indication
Signs and Information Signs of the Border Area, the Borderland
and the State Border Zone and the Procedure for Installation
Thereof, shall be in force, in so far as they are not in
contradiction with this Law.
[16 February 2012]
6. Chapter VI of this Law shall come into force concurrently
with the Law on Administrative Liability.
[24 October 2019]
7. The Cabinet shall, by 30 June 2022, issue the regulations
referred to in Section 13, Paragraphs one and eight and Section
21 of this Law. Until the day of coming into force of these
regulations, but not later than until 30 June 2022, Cabinet
Regulation No. 550 of 14 August 2012, Regulations Regarding the
State Border Strip, the Borderland and the Border Area, as well
as Samples of Indication Signs and Information Signs of the
Border Area, the Borderland and the State Border Strip, and the
Procedures for Installing Them, and Regulation No. 268 of 3 May
2016, Regulations Regarding the Establishment and Maintenance of
the State Border Zone of the Republic of Latvia, shall be in
force insofar as they are not in contradiction with this Law.
[19 August 2021]
8. The Cabinet shall, by 1 January 2026, issue the regulations
referred to in Section 13, Paragraph six of this Law.
[19 August 2021]
9. The State Border Guard shall, by 1 January 2026, create
graphical data on the State border zone, the patrol zone, the
border sign surveillance zone, the borderland, and the border
area.
[19 August 2021]
10. Until establishment of the State border is completed, the
Cabinet shall, by 1 December of each year, provide a detailed
report to the Saeima on the course of establishment of the
State border, the financial resources spent, and the wood
resources alienated.
[19 August 2021]
11. The Cabinet shall, by 1 January 2022, issue the
regulations referred to in Section 11, Paragraph three of this
Law. Until the day of coming into force of the relevant
regulations, Cabinet Regulation No. 108 of 23 February 2016,
Procedures, by which Foreign Warships shall Enter and Stay in the
Territorial Sea, Inland Waters, and Ports of the Republic of
Latvia and Leave Them, shall be in force.
[23 September 2021]
12. Section 9.3 of this Law shall come into force
after the start of operations of the Entry/Exit System according
to Article 66 of Regulation No 2017/2226. After the European
Commission has taken the decision on the start of operations of
the Entry/Exit System, the Ministry of the Interior shall send a
relevant notification for publication in the official gazette
Latvijas Vēstnesis.
[7 April 2022 / Section 9.3 shall be included in
the wording of the Law as of the day of the start of operations
of the Entry/Exit System]
The Law has been adopted by the Saeima on 12 November
2009.
Acting for the President, Chairperson of
the Saeima G. Daudze
Rīga, 2 December 2009
1The Parliament of the Republic of
Latvia
Translation © 2024 Valsts valodas centrs (State
Language Centre)
