Procedures for Provision of Material Assistance to Persons who have Found Themselves in an Emergency Situation

Issued pursuant to
Section 11, Paragraph four
of the Law On Consular Rules of Procedure

1. This Regulation prescribes the procedures by which material assistance shall be provided to a person who has a Latvian passport and who has found itself in an emergency situation (hereinafter - person) in a foreign state, as well as the procedures, by which the referred to person shall repay the monetary funds granted within the scope of material assistance.

2. Material assistance shall be granted in order to cover expenditure related to return to Latvia, if a person, due to circumstances beyond its volition and action, has found itself in a foreign state in a situation, in which its life, health or safety is endangered (hereinafter - emergency situation) and any other possibility for receiving assistance is not available to the person.

3. Funds from the State budget for the provision of assistance shall be planned in the Law On the Budget for the current year in an individual budget programme of the Ministry of Foreign Affairs, and they shall consist of:

3.1. a subsidy from the State budget from general revenue;

3.2. the repaid monetary funds of such persons (revenue from paid services and other own revenue) who have received material assistance.

4. In order to receive material assistance, a person who has found itself in an emergency situation or a person who represents the interests of a person who has found itself in an emergency situation (hereinafter - representative) shall turn to the diplomatic and consular representation of the Republic of Latvia (hereinafter - representation) or to the Consular Department of the Ministry of Foreign Affairs (hereinafter - Consular Department).

5. A person who needs material assistance or a representative thereof shall indicate in the submission:

5.1. information regarding itself or the person whose interests it represents;

5.2. the circumstances, due to which the person has found itself in an emergency situation;

5.3. information that other possibilities for receiving assistance are not available to the person;

5.4. a request to grant monetary funds to the person for return to Latvia;

5.5. a resolution to repay the granted monetary funds within the specified time period.

6. Upon receiving a submission, a consular officer shall:

6.1. verify the identity of the person or its representative, if any;

6.2. evaluate whether the person has found itself in an emergency situation in a foreign state;

6.3. verify whether other possibilities for receiving assistance are not available to the person.

7. Upon determining the preconditions referred to in Paragraph 2 of this Regulation, the consular officer shall:

7.1. find out the costs of the travel route to Latvia, which is the most appropriate for the situation;

7.2. calculate the amount of monetary funds to be granted within the scope of material assistance;

7.3. inform the person and its representative, if any, regarding the procedures for repayment of the monetary funds granted within the scope of material assistance.

8. A decision on material assistance (hereinafter - decision) shall be taken by a consular officer or the director of the Consular Department. The decision shall be taken in as short time period as possible, but not more than within five days after receipt of the submission. The sum to be granted to one person shall not exceed 2000 lats.

9. The decision shall be taken by:

9.1. a consular officer - regarding granting of monetary funds in amount up to 200 lats, determining the time period for repayment up to three months;

9.2. the director of the Consular Department - regarding granting of monetary funds in amount above 200 lats, determining the time period for repayment up to three months.

10. A person, by justifying the request, may request the director of the Consular Department in writing to extend the time period referred to in Paragraph 9 of this Regulation. If the request is recognised as justified, the time period referred to in Paragraph 9 of this Regulation shall be extended for up to three months. The decision of the director of the Consular Department referred in this Paragraph on extending the time period shall not be subject to contesting and appeal.

11. The decision shall include the following:

11.1. the amount of the granted monetary funds and the planned utilisation;

11.2. the duty of the addressee to repay the granted monetary funds within the specified time period;

11.3. the procedures for repayment of the granted monetary funds.

12. A consular officer shall act with the monetary funds granted to a person within the scope of material assistance, paying for services related to the return of a person who has found itself in an emergency situation in a foreign state to Latvia, or in an exceptional case, if it is not possible to pay for the referred to services with the intermediation of a service provider, monetary funds shall be issued to a person in a foreign state in the national currency of the relevant consular district according to the currency exchange rate specified by the Bank of Latvia on the day when monetary funds were issued.

13. Material assistance may be refused if:

13.1. a person has intentionally provided false information or has been hiding important facts until taking of the decision;

13.2. the previously granted material assistance has been utilised for purposes other than those indicated in the decision on granting thereof;

13.3. a person has not repaid the previously granted material assistance in the specified time period.

14. A decision of a consular officer and the director of the Consular Department may be contested and appealed in accordance with the procedures specified in the Administrative Procedure Law. A judgment of the administrative district court may be appealed, by submitting a cassation complaint to the Department of Administrative Cases of the Supreme Court Senate.

15. A person who has been granted material assistance or its representative shall repay the granted monetary funds in the time period specified in the decision on granting material assistance to the account "Other Previously not Classified Own Revenue" (revenue code 21.4.9.9) of the State budget programme of the Ministry of Foreign Affairs. The Ministry of Foreign Affairs may use the repaid monetary funds, including material assistance granted in the previous economic years, only for the provision of material assistance.

16. This Regulation shall come into force on 1 June 2012.

Prime Minister V. Dombrovskis

Minister for Foreign Affairs E. Rinkēvičs

Translation © 2012 Valsts valodas centrs (State Language Centre)