Republic of Latvia Cabinet Regulation No. 697 Adopted 27 July 2010

Regulations Regarding the Border Crossing Point Regime

Issued pursuant to
Section 26, Paragraph five of
Law On the State Border of the Republic of Latvia

I. General Provisions

1. This Regulation prescribes 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.

2. Within the meaning of this Regulation:

2.1. officials of the competent authorities - officials of the State Border Guard (hereinafter - border guards), officials of the customs authorities of the State Revenue Service (hereinafter - customs officials), officials of the Food and Veterinary Service who perform service (work) duties at the relevant border crossing point;

2.2. supervisory persons - employees of the State Police, security guard employees of ports, as well as employees of airport security services who perform service (work) duties at the relevant border crossing point;

2.3. control persons - officials of the State administration institutions or a State capital company who, if necessary, arrive at a border crossing point for the performance of service (work) duties specified for them;

2.4. service persons - a merchant and its employees, employees of the manager of the railway infrastructure and employees of a railway carrier and mooring operatives of ships who perform service (work) duties at the relevant border crossing point;

2.5. visitors - persons who need to stay at a border crossing point;

2.6. chief of the border crossing point - the chief of the structural unit of the State Border Guard who performs operation at the relevant border crossing point;

2.7. regime of the border control zone - procedures which determine entering, movement and staying of a limited range of persons in the border control zone;

2.8. regime of the closed territory of the border crossing point - procedures which determine the accounting of all such persons who are staying in the closed territory of the border crossing point, as well as control of their activities; and

2.9. regime of the open territory of the border crossing point - procedures which do not determine certain restrictions for persons, except those restrictions which have been determined by the airport administration, the airport owner or the operator of the airport, the port administration, the owner or manager of the port facility or the manager of the railway infrastructure accordingly.

3. This Regulation shall not apply to border guards, customs officials and officials of the Food and Veterinary Service, while they are performing inspection of the structural unit of their institution, and to officials of other State administration institutions, while performing tasks for prevention of corruption, combating of smuggling, as well as within the framework of operations of criminal proceedings.

II. Specific Characteristics of the Regime at a Border Crossing Point Established on a Motor Road

4. The regime of the closed territory of the border crossing point shall be in effect within the territory of a border crossing point established on a motor road (hereinafter - motor road border crossing point).

5. Officials of the competent authorities and officials of the State Police shall enter and leave the motor road border crossing point, presenting a service certificate to the border guard.

6. Control persons shall enter and leave the motor road border crossing point, presenting a service (work) certificate to the border guard after co-ordination with the chief of the border crossing point or his or her deputy (during his or her absence - with the appointed senior border guard).

7. Service persons shall enter and leave the motor road border crossing point, presenting a pass of the service person (Annex 1) to the border guard. While staying at the motor road border crossing point, service persons shall keep the referred to pass in their possession.

8. In order to receive a pass of the service person, a merchant shall, not less than three working days prior to the day when the service person should start the performance of work duties, submit a request to the chief of the border crossing point to issue a pass for the service person. A photograph of the employee shall be attached to the request. The following information shall be indicated in the request regarding the employee who will perform work duties at the motor road border crossing point:

8.1. the given name, surname;

8.2. the date of birth; and

8.3. the position.

9. The chief of the border crossing point shall, within three working days, take a decision regarding the issue of the pass of the service person to the relevant service person.

10. The chief of the border crossing point shall not issue the pass of the service person to service persons or annul it, if:

10.1. employment legal relations are being terminated. The merchant shall immediately inform the chief of the border crossing point regarding termination of employment legal relations;

10.2. personal information regarding the person, which was indicated in the request for receipt of the pass, has changed; or

10.3 a violation in relation to violations of the State border regime or border crossing point regime has been determined.

11. The chief of the border crossing point, upon issuing of the pass of the service person, shall register it in the accounting register of passes of service persons (Annex 2). A person shall attest the receipt of the pass of the service person with a signature in the accounting register of passes of service persons.

12. Visitors may enter and stay at the motor road border crossing point, if a visitor's pass (Annex 3) has been received. The border guard shall issue the pass for a visitor after co-ordination with the chief of the border crossing point or his or her deputy (during his or her absence - with the appointed senior border guard). The visitor, upon leaving the motor road border crossing point, shall hand the pass over to the border guard.

13. Private vehicles in the possession officials of the competent authorities, supervisory persons and service persons shall be allowed to enter and leave the motor road border crossing point on a priority basis, presenting a vehicle's pass to the border guard (Annex 4). Vehicle shall be parked in a specially designated parking place.

14. In order to receive the vehicle's pass, an official of the competent authority, a supervisory person or a service person shall submit a request to the chief of the border crossing point regarding the issue of the vehicle's pass, providing the following information:

14.1. the given name and surname of the person;

14.2. the State registration number of the vehicle; and

14.3. the make and model of the vehicle.

15. The chief of the border crossing point, upon issuing of the vehicle's pass, shall register it in the accounting register of passes of vehicles (Annex 5). The person shall attest the receipt of the vehicle's pass with a signature in the accounting register of passes of vehicles.

16. The chief of the border crossing point shall issue the pass of the service person or the vehicle's pass repeatedly, if the information provided therein has changed. The service person has a duty to inform the chief of the border crossing point regarding changes in the information which was provided for in the request for the receipt of the pass.

17. The regime of the border control zone shall be permanently in effect on the lanes and in the premises where border control and customs control is performed (hereinafter - border control zone of the motor road border crossing point) at the motor road border crossing point.

18. An owner or a lessee of the territory of the motor road border crossing point shall, in accordance with the requirements of the competent authorities, enclose the border control zone of the motor road border crossing point and equip with the signs determined in the regulatory enactments regarding movement of persons across borders and the regulatory enactments regarding the procedures for organisation of road traffic.

19. The following persons shall be allowed to stay in the border control zone of the motor road border crossing point:

19.1. persons who are present at the border crossing point in order to cross the external border;

19.2. officials of the competent authorities; and

19.3. control persons - if has been co-ordinated with the chief of the border crossing point or his or her deputy (during his or her absence - with the appointed senior border guard).

20. The following operations to be performed within the territory of the border crossing point shall be co-ordinated with the chief of the border crossing point in writing:

20.1. activities of mass media representatives at the border crossing point;

20.2. organisation of guard for such buildings, premises and territory which are used by merchants operating at the border crossing point; and

20.3. construction of new objects and communications, specifying the planned duration of works.

III. Special Characteristics of the Regime at a Border Crossing Point Established on Railway

21. The regime of the border control zone shall be in effect within the territory and premises of the border crossing point established on railway, as well as in the train, where border control and customs control is performed (hereinafter - border control zone of the railway border crossing point), which shall be introduced by border guards not less than 10 minutes before the arrival of the train and withdrawn after completion of the border control and customs control. While there is no train crossing the State border at the border crossing point established on railway, the regime of the open territory of the border crossing point shall be determined therein.

22. The manager of the railway infrastructure shall, in accordance with the requirements of the competent authorities, enclose the border crossing zone of the railway border crossing point and equip with the signs determined in the regulatory enactments regarding movement of persons across borders.

23. Employees of the manager of the railway infrastructure and employees of the railway carrier shall inform the chief of the border crossing point and customs officials regarding arrival time of freight train, as well as regarding changes in the timetable of passenger trains subject to border control and customs control, if the timetable of passenger trains is changed or movement of trains is interrupted.

24. The following persons shall be allowed to stay in the border control zone of the railway border crossing point:

24.1. persons who are present at the border crossing point in order to cross the external border;

24.2. officials of the competent authorities, employees of the manager of the railway infrastructure and employees of the railway carrier - while performing inspections and operations in accordance with the competence thereof;

24.3. control persons - if it has been co-ordinated with the chief of the border crossing point or his or her deputy (during his or her absence - with the appointed senior border guard); and

24.4. visitors - only accompanied by an official of the competent authority, if it has been co-ordinated with the chief of the border crossing point or his or her deputy (during his or her absence - with the appointed senior border guard).

25. Prior commencement of the border control of the train border guards shall allow persons, who are not crossing the external border, to leave the train.

26. During border control and customs control persons crossing the external border, when being in the train, are prohibited to leave the train without the permission of border guards, except in cases when staying in the train endangers the health or life of such persons.

27. Persons crossing the external border, when being in the train, other than citizens of the European Union, European Economic Area or Swiss Confederation or their family members, shall submit filled-in inquiries to border guards regarding the State border crossing (Annex 6) during the border control. The form of the referred to inquiry shall be duly issued by employees of the manager of the railway infrastructure and employees of the railway carrier. Upon the request of border guards, the employees of the manager of the railway infrastructure and employees of the railway carrier shall issue the referred to inquiries for filling in to all persons crossing the external border.

28. Border guards and customs officials shall inform the responsible employee of the manager of the railway infrastructure and the responsible employee of the railway carrier regarding completion of the border control and customs control.

IV. Special Characteristics of the Regime at a Border Crossing Point Established in a Port

29. The port administration or the owner or manager of a port facility shall co-ordinate the regime of the open and closed territories of the port and the regime of passes of the port with the competent authorities.

30. The regime of the closed territory of border crossing point shall be in effect in the territory (in quayside, building or part of a building) of the border crossing point established in the port (hereinafter - port border crossing point) in which border control of persons or vehicles and customs control of properties, goods and vehicles is performed and which is included in the closed territory determined by the port administration or the owner or manager of the port facility.

31. The port administration or the owner or manager of the port facility, or the possessor of the relevant port territory shall enclose and guard the closed territory of the port.

32. Officials of the competent authorities, supervisory persons and control persons, in performing service (work) duties, shall enter and leaved the closed territory of the port, presenting a service (work) certificate and taking into account the rules of the regime of passes of the port.

33. In the territory of the port border crossing point, where the regime of the closed territory of the border crossing point has been determined, persons and vehicles shall be allowed to stay with a pass issued by the port administration or the owner or manager of the port facility.

34. The port administration or the owner or manager of the port facility shall, after issue of the pass (except for a single pass) referred to in Paragraph 33 of this Regulation or annulment thereof, inform the chief of the port border crossing point regarding persons for whom the referred to passes have been issued or annulled.

35. The regime of the border control zone shall be in effect at the port border crossing point, which shall be introduced by border guards after arrival of the ship in the port or prior to departure thereof from the port. The regime of the border control shall be in effect:

35.1. in the relevant building or part of the building in which the border control of persons or vehicles and customs control of properties, goods and vehicles is performed - if the border control and customs control is performed in the relevant building or part of the building; and

35.2. on a ship and the relevant quayside - if the border control and customs control is performed on the ship.

36. The regime of the border control zone shall be withdrawn at the port border crossing point after completion of the border control and customs control.

37. The port administration or the owner or manager of the port facility shall, in accordance with the requirements of the competent authority, enclose the building, the part of the building of the port border crossing point, or the territory, in which the regime of the border control zone is determined, and equip with the signs determined in the regulatory enactments regarding movement of persons across borders and the regulatory enactments regarding the procedures for organisation of road traffic.

38. If the border control and customs control is performed on a ship, border guards, if necessary, shall enclose the relevant quayside in which the ship has moored.

39. In order to ensure the security of the State border of the Republic of Latvia, the competent authorities may, if necessary, determine the regime of the border control zone for the relevant period of time at any territory of the port border crossing point, ensuring the control of the conditions thereof and informing the port administration or the owner or manager of the port facility.

40. The following persons shall be allowed to stay in the territory of the port border crossing point in which the regime of the border control zone has been determined:

40.1. persons who are present at the border crossing point in order to cross the external border;

40.2. officials of the competent authorities, mooring operatives of the ship, security officers of the port facility, ship agents and officials of the State Joint Stock Company "Maritime Administration of Latvia" - in performing inspections and operations in accordance with the competence thereof;

40.3. control persons not referred to in Sub-paragraph 40.2 of this Regulation - if it has been co-ordinated with the chief of the border crossing point or his or her deputy (during his or her absence - with the appointed senior border guard); and

40.4. visitors - only accompanied by an official of the competent authority, if it has been co-ordinated with the chief of the border crossing point or his or her deputy (during his or her absence - with the appointed senior border guard).

V. Special Characteristics of the Regime at a Border Crossing Point Established in an Airport or Airfield

41. The airport administration, the owner or operator of an airfield shall co-ordinate the regime of the open or closed territories of the airport or airfield or the regime of passes of the airport or airfield with the competent authorities.

42. The regime of the closed territory of the border crossing point shall be in effect in the territory (building or part of the building) of the border crossing point established in the airport or airfield (hereinafter - airport or airfield border crossing point), which has been included in the closed territory determined by the airport administration or the owner or operator of the airfield and in which persons crossing the external border are present and customs control of properties and goods is performed.

43. In accordance with the requirements of the airport administration or the owner or operator of the airfield the closed territory of the airport or airfield shall be permanently enclosed and marked part of the territory of the airport or airfield. Enclosing and guarding of the closed territory shall be ensured by the airport administration or the owner or operator of the airfield.

44. In the territory of the airport or airfield border crossing point, where the regime of the closed territory of the border crossing point has been determined, officials of the competent authorities and supervisory persons shall be allowed to stay with a pass and service (work) certificate issued by the airport administration or the owner or operator of the airfield, but service persons - with a pass issued by the airport administration or the owner or operator of the airfield.

45. The port administration or the owner or operator of the airfield shall, after issue or of the pass (except for a single pass) referred to in Paragraph 44 of this Regulation or annulment thereof, inform the chief of the airport border crossing point regarding persons for whom the referred to passes have been issued or annulled.

46. The regime of the border control zone at the airport or airfield border crossing point shall be in force:

46.1. in the relevant building or in the part of the building in which border control and customs control is performed;

46.2. aboard the aircraft and in the relevant parking lot of the aircraft - if border control and customs control is performed aboard the aircraft.

47. The regime of the border control zone shall be in effect permanently at the airport or airfield border crossing point in which competent authorities are located permanently.

48. The regime of the border control zone shall be in effect after landing of the aircraft and prior to the taking-off of the aircraft at the airport or airfield border crossing point in which the competent authorities arrive upon call - not less than 10 minutes prior to boarding of passengers on the aircraft. The regime of the border control zone shall be withdrawn after completion of the border control and customs control.

49. The airport administration or the owner or operator of the airfield shall, in accordance with the requirements of the competent authorities, equip the building, the part of the building of the airport border crossing point or the territory in which the regime of the border control zone is in force with the signs determined in the regulatory enactments regarding movement of persons across the borders, and if necessary enclose it.

50. The following persons shall be allowed to stay in the territory of the airport border crossing point in which the regime of the border control zone has been determined:

50.1. persons who are present at the border crossing point in order to cross the external border;

50.2. officials of the competent authorities and employees of the airport security services - when performing inspections and operations in accordance with the competence thereof; and

50.3. control persons - if it has been co-ordinated with the chief of the border crossing point or his or her deputy (during his or her absence - with the appointed senior border guard).

51. The airport administration or the owner or operator of the airfield shall inform border guards and customs officials regarding location of such aircraft which have arrived from the third countries and placed in parking lots, and ensure the conveyance of the persons crossing the external border to the border control and customs control.

52. In order to ensure the security of the State border of the Republic of Latvia, the competent authorities may, if necessary, determine the regime of the border control zone for the relevant period of time at any territory of the airport border crossing point, ensuring the control of the conditions thereof and informing the airport administration or the owner or manager of the airfield.

VI. Procedures for Performance of the Necessary Activities at a Motor Road Border Crossing Point Related to the Admittance of Persons, as well as the Movement of Property and Goods Across the External Border

53. Persons (also their property and goods) crossing the external border shall be admitted at a motor road border crossing point after presenting a travel document and a vehicle registration document and receipt of the relevant control voucher.

54. Persons may be admitted and released without the receipt of the relevant control voucher at a motor road border crossing point where officials of all competent authorities are not present permanently.

55. When driving in or entering the territory of the motor road border crossing point, a border guard shall issue the following documents to persons crossing the external border after presenting a travel document and a vehicle registration document:

55.1. a control voucher of the vehicle (Annex 7) - if the person crosses the external border with a vehicle; or

55.2. a pedestrian control voucher (Annex 8) - if the person crosses the external border on foot.

56. Officials of the competent authority shall make a note on the relevant control voucher regarding completion of the relevant control, attesting it with a signature and appropriate stamp or seal, as well as indicate the time when the control was completed.

57. The person shall observe instructions of officials of the competent authorities regarding sequence of performance of inspections at the motor road border crossing point.

58. A person may depart from or exit the territory of the motor road border crossing point, if there are notes of all necessary competent authorities regarding inspection on the relevant control voucher.

59. The person shall, in departing from or exiting the territory of the border crossing point, hand the relevant control voucher over to the border guard.

60. Manufacture and storage of control vouchers shall be ensured by the State Border Guard. Control vouchers shall be stored for one year from the day of filling in thereof and afterwards they shall be destroyed.

VII. Closing Provision

61. The Cabinet Regulation No. 296 of 9 July 2002, Regulations regarding the Border Control Point Regime (Latvijas Vēstnesis, 2002, No. 105; 2009, No. 129) is repealed.

Acting for the Prime Minister -
Minister for Transport K. Gerhards

Minister for the Interior L. Mūrniece

 

Annex 1
Cabinet Regulation No. 697
27 July 2010

(Logo of the State Border Guard)				PASS OF SERVICE PERSON No.____
					BOARD OF THE STATE BORDER GUARD
					For the operation within the territory of
				(border crossing point)
				NAME
				SURNAME
	Photograph
				POSITION
					(employer/merchant and position)
				ISSUER
					(signature of the chief of the border crossing point)
				VALID UNTIL

Minister for the Interior L. Mūrniece

 

Annex 2
Cabinet Regulation No. 697
27 July 2010

Accounting Register of the Passes of Service Persons

No.	Pass No.	Person to whom the pass is issued (given name, surname, personal identity number)	Date of issue	Official who has issued the pass - surname and signature	Person's signature for the receipt of the pass	Date when the pass is annulled	Notes
1	2	3	4	5	6	7	8

Minister for the Interior L. Mūrniece

 

Annex 3
Cabinet Regulation No. 697
27 July 2010

Sample of Visitor's Pass

(Logo of the State Border Guard)
			BOARD OF THE STATE BORDER GUARD
		(border crossing point)
		VISITOR'S PASS No._____

Minister for the Interior L. Mūrniece

 

Annex 4
Cabinet Regulation No. 697
27 July 2010

Sample of the Vehicle's Pass

(Logo of the State Border Guard)		VEHICLE'S PASS No._____ ______ BOARD OF THE STATE BORDER GUARD
		For driving in the territory of
				(border crossing point)
		VEHICLE DRIVER
			(given name, surname)
		VEHICLE
			(State registration No., make, model)
		ISSUER
			(signature of the chief of the border crossing point)
		VALID UNTIL

Minister for the Interior L. Mūrniece

 

Annex 5
Cabinet Regulation No. 697
27 July 2010

Accounting Register of Vehicle's Passes

No.	Pass No.	Person to whom the pass is issued (given name, surname, personal identity number)	Vehicle registration number	Date of issue	Official who has issued the pass - surname and signature	Person's signature for the receipt of the pass	Date when the pass is annulled	Notes
1	2	3	4	5	6	7	8	9

Minister for the Interior L. Mūrniece

 

Annex 6
Cabinet Regulation No. 697
27 July 2010

Sample of Inquiry Form Regarding the State Border Crossing

Front side

INQUIRY REGARDING THE STATE BORDER CROSSING

1.

(Uzvārds / Surname / Фамилия)

(Vārds / Given name / Имя )

2.

(Pases sērija., Nr. / Passport serial, No. / Паспорт серия., номер)

3.

(Pavalstniecība / Citizenship / Подданство)

4.

(Vīzas sērija., Nr. / Visa serial, No. / Серия, номер визы)

(Uzturēšanās atļauja sērija., Nr. / Residence permit serial No. / Вид на жительство серия, номер)

(derīga līdz / valid until / действительна до)

5.

(Personas kods / Identity No. / Персональный код)

(Dzimšanas datums / Date of birth / Дата рождения)

6.

( Vagona Nr. / No. of Carriage / Номер вагона)

(Vietas Nr. / No. of Place / Номер места)

7.

(Ceļošanas mērķis / Purpose of the trip / Цель поездки)

8.

(Personas paraksts / Holder's signature / Подпись)

(Aizpildīšanas datums / Date of completion / Дата заполнения)

Reverse side

Aizpildot anketu, ievērojiet: 1) vārds un uzvārds rakstāms ar latīņu alfabēta lielajiem drukātajiem burtiem; 2) vārda un uzvārda transkripcijai jābūt tādai pašai kā Jūsu ceļošanas dokumentā. In this form: 1) name and surname must be filled in with block letters of the Latin alphabet; 2) transcription of name and surname must be the same as in Your travel document. При заполнении анкеты следует: 1) имя и фамилию писать большими печатными буквами латинского алфавита; 2) транскрипция имени и фамилии должна соответствовать записи в Вашем документе.

Minister for the Interior L. Mūrniece

 

Annex 7
Cabinet Regulation No. 697
27 July 2010

Control Voucher of the Vehicle

Front side

Control voucher No.
Uzmanību! Šis dokuments jāiesniedz kontrolei kopā ar citiem dokumentiem un jānodod, izbraucot no robežšķērsošanas vietas!
Attention! This document and other documents must be produced and handed in when crossing the border crossing point!
Внимание! Этот документ предоставить для контроля вместе с другими документами и сдать при выезде из пункта пропуска!
1. Atzīme par iebraukšanu robežšķērsošanas vietā (spiedoga/zīmoga nospiedums) Entering in border crossing point (stamp) Въезд в пункт пропуска (оттиск печати/штампа)	time
2. Transportlīdzekļa valsts reģistrācijas Nr., marka Vehicle registration number, mark Номер транспортного средства, марка

Reverse side

3. Robežsargu kontrole (spiedoga/zīmoga nospiedums) Border guards control (stamp) Пограничный контроль (оттиск печати/штампа)	time
4. Transportlīdzeklī esošo personu skaits Number of passengers in the vehicle Количество пассажиров в транспортном средстве
5. Muitas kontrole (spiedoga/zīmoga nospiedums) Customs control (stamp) Таможенный контроль (оттиск печати/штампа)	time
6. Veterinārā, fitosanitārā, pārtikas un nepārtikas preču kontrole (spiedoga/zīmoga nospiedums) Veterinary, phytosanitary, food and non-food goods control (stamp) Ветеринарный, фитосанитарный, продовольственный и непродовольственный контроль (оттиск печати/штампа)	time
7. Atzīme par izbraukšanu no robežšķērsošanas vietas (spiedoga/zīmoga nospiedums) Departure from the border crossing point (stamp) Выезд из пункта пересечения границы (оттиск печати/штампа)	time

Size of the control voucher of the vehicle - 100 x 150 mm.

Minister for the Interior L. Mūrniece

 

Annex 8
Cabinet Regulation No. 697
27 July 2010

Pedestrian Control Voucher

Front side

	Pedestrian Control Voucher
	Date					Direction
	Given name, surname
	Document No.
	Personal identity number
	Time
		(entered)					(exited)

Reverse side

1. Robežsargu kontrole Borderguards control Пограничный контроль 2. Muitas kontrole Customs control Таможенный контроль

Size of the pedestrian control voucher - 70 x 100 mm.

Minister for the Interior L. Mūrniece