Procedures for Appointing Diplomats, Officials (Employees) of the Diplomatic and Consular Service, Specialised Attachés, Liaison Officers, Soldiers, Officials (Employees) of an Institution of Direct Administration and Officials (Employees) of a State Security Institution for Service (Work) in International Organisations, and Procedures for Granting Remuneration

Issued pursuant to
Section 36, Paragraph eleven
of the Law on Remuneration of Officials and Employees
of State and Local Government Authorities
and Section 37.¹ of the State Civil Service Law

I. General Provisions

1. This Regulation prescribes the procedures:

1.1. by which diplomats, officials (employees) of the diplomatic and consular service, specialised attachés, liaison officers, soldiers, officials (employees) of an institution of direct administration and officials (employees) of a State security institution (hereinafter - national expert) shall be assigned for service (work) in an international organisation or its member state institution abroad;

1.2. by which national experts shall be granted remuneration, and the conditions for granting the remuneration.

2. The national expert is appointed for service (work) in an international organisation or its member state institution abroad in accordance with this Regulation, in conformity with the legal acts of the international organisation or its member state.

3. The national expert, if it is provided for by international legal acts, upon serving (working) in an international organisation or its member state institution abroad, is independent from the sending institution in decision-making and shall act only in the interests of the international organisation or its member state institution abroad.

4. When the national expert returns from service (work) in an international organisation or its member state institution, the sending institution shall ensure the possibility for him or her to have the previous office or an equivalent office.

5. The Ministry of Foreign Affairs shall be responsible for the circulation of information and co-ordination, which is related to appointing of the national expert for work in institutions of the European Union.

II. Appointing for Service (Work) in an International Organisation or its Member State Institution

6. A candidature of the national expert for service (work) in an international organisation or its member state institution shall be brought forward by the responsible sectoral ministry or an institution subordinate thereto.

7. The national expert for service (work) in an international organisation or its member state institution shall be appointed, if the qualification of the national expert conforms to the requirements of the particular office.

8. If the national expert conforms to the criteria laid down in the laws and regulations governing the protection of a State secret, classified information of the North Atlantic Treaty Organization, European Union, and foreign institutions, he or she (if necessary) shall receive a special permit of the respective level for access to the State secret and a certificate for work with the classified information of the North Atlantic Treaty Organization or European Union.

9. The procedures for selecting candidates or the procedures, by which a competition for the office of the national expert shall be organised, shall be determined by the head of the sending institution.

9.¹ The sending institution enters into an agreement with the national expert on the appointment for service (work) in an international organisation or its member state institution abroad. The agreement shall indicate:

9.¹ 1. the country or countries and the international organisation or its member state institution to which the national expert is appointed, and also the office;

9.¹ 2. the date of commencement of the service (work) and the estimated duration of the performance of service (work);

9.¹ 3. the amount of remuneration and disbursement procedures, and also information on making mandatory State social insurance contributions;

9.¹ 4. the currency in which the remuneration will be disbursed;

9.¹ 5. liabilities of the national expert;

9.¹ 6. information on daily or weekly working hours;

9.¹ 7. information on collective agreements (if any);

9.¹ 8. duration of the paid leave;

9.¹ 9. right to training, if such is ensured;

9.¹ 10. information on whether repatriation is provided and the procedures for repatriation, if such is ensured.

[21 June 2022]

III. Removal from Service (Work) in an International Organisation or its Member State Institution

10. The head of the sending institution shall remove the national expert from service (work) in an international organisation or its member state institution:

10.1. if the removal is related to essential interests of the sending institution;

10.2. if the national expert, upon being in service (work) in the international organisation or its member state institution, has committed a criminal offence punishable in accordance with the Criminal Law;

10.3. if the national expert has committed a violation, which is not compatible with further service (work) in the international organisation or its member state institution;

10.4. if the removal of the national expert is requested by the international organisation or its member state institution;

10.5. in accordance with the legal acts approved by the international organisation or its member state institution;

10.6. due to other objective reasons, co-ordinating it with the international organisation or its member state institution;

10.7. upon his or her own wish, warning the sending institution thereof one month in advance.

IV. Granting of Remuneration

11. During the time period when the national expert performs service (work) in an international organisation or its member state institution abroad, the sending institution shall perform the following actions in relation to the national expert:

11.1. disburse all the remuneration provided for in laws and regulations, if the international organisation or its member state institution does not cover the expenses of the national expert or part thereof;

11.2. disburse only such part of remuneration, which is not covered by the international organisation or its member state institution;

11.3. not disburse or only partially disburse such part of remuneration, which is not covered by the international organisation or its member state institution, if it is mutually advantageous and a written agreement thereon has been entered into with the national expert.

12. In order to receive the remuneration referred to in Sub-paragraph 11.2 of this Regulation, the expert shall submit documents to the sending authority, which certify the amount and type of the remuneration to be disbursed by the international organisation, if the sending institution does not have access to such information.

13. [21 June 2022]

Informative Reference to European Union Directives

[21 June 2022]

The Regulation includes the legal norms arising from Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union.

Prime Minister V. Dombrovskis

Deputy Prime Minister,
Minister for Defence A. Pabriks

Translation © 2023 Valsts valodas centrs (State Language Centre)