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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

10 April 2014 [shall come into force from 16 April 2014];
23 November 2016 [shall come into force from 1 January 2017];
22 December 2016 [shall come into force from 19 January 2017].

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:

Security Guard Activities Law

Chapter I
General Provisions

Section 1. Terms Used in this Law

The following terms are used in this Law:

1) security guarding activities - installation of technical security systems, guarding of immovable property, freight, goods or other movable property, cash or securities and natural persons, ensuring internal order and security in objects to be guarded, provision of security consultations, as well as other measures or set of measures implemented by a security guard employee, security guard merchant, or internal security service to prevent unlawful or other threats to the guarded object;

2) security guard employee - a natural person who has received a security guard certificate and performs security guarding activities;

3) guarded object - a natural person, freight, goods and other movable property and valuables or immovable property, territory or another object, as well as the continuous activity or separate measures that take place in objects;

4) security guarding services - security guarding activities performed by a security guard merchant on the basis of a written contract which has been entered into with the entity contracting the security guarding service;

5) security guard certificate - a document certifying the professional competence of a natural person in the field of security guarding;

6) technical security system - security and fire safety alarms, video surveillance or a set of mechanical or electronic equipment that functions in a unified system for the purpose of securing the guarded object against illegal or other kind of threat;

7) security guard merchant - a merchant which has received a special permit (licence) for the performance of security guarding activities;

8) internal security service - a unit of an institution, merchant or organisation which ensures the security guarding, internal security, and safety thereof.

Section 2. Purpose and Scope of Application of this Law

(1) The purpose of this Law is to establish a lawful basis for performing security guarding activities to ensure the security of persons and society.

(2) This Law shall apply to natural and legal persons who perform security guarding activities.

(3) This Law shall not apply to:

1) the activities of the institutions of the system of the Ministry of the Interior, State security institutions, the National Armed Forces, the Prosecutor's Office, the State Revenue Service, the Prison Administration Board, the Corruption Prevention and Combating Bureau, the Security Department of the Bank of Latvia, municipal police, and port police that are performed in accordance with the special laws;

2) the installation of technical security systems on vehicles;

3) the installation of video surveillance systems, if it is not provided for ensuring the security guarding activities.

(4) A security guard merchant and a security guard employee, as well as an institution, merchant, and organisation which has established an internal security service, upon performing security guarding activities, shall co-operate with the police and other State administration institutions and shall provide them assistance in ensuring public order and security.

(5) Security guarding activities shall be controlled by the State Police and other institutions according to their competence.

[22 December 2016]

Section 3. Types of Security Guarding Services

(1) The following types of security guarding services exist:

1) installation of technical security systems;

2) physical security guarding;

3) technical security guarding;

4) collection security guarding.

(2) Installation of technical security systems includes designing of technical security solutions, installation and servicing of technical security systems, as well as consultations on the relevant issues.

(3) Upon providing the physical security guarding service for the guarded object, a security guard employee shall be located at the guarded object or in its direct vicinity, or shall arrive at the guarded object upon a call from the recipient of the security guarding service, the security guard employee, or another person. Physical security guarding shall include guarding the security of immovable property, goods or other movable property, accompanying freights or other tangible values (except for collection security guarding), guarding the security of a natural person (bodyguard), ensuring of internal order and safety at the guarded object, and guarding the security of the persons present therein, as well as provision of consultations on the relevant issues.

(4) A security guard merchant shall implement the technical security guarding of the guarded object through the use of the security guard control centre with a monitoring and alarm signal detection panel (hereinafter - the security guard control centre) which receives signals from the technical security system installed in the guarded object to ensure continuous operation of the security guard control centre and arrival of the security guard employee or of the mobile group of security guard employees at the guarded object immediately after receipt of information from the security guard control centre (alarm signal). Upon providing the technical security guarding service, the security guard merchant may also provide the security guarding services referred to in Paragraphs two and three of this Section.

(5) For the collection security guarding, a security guard merchant shall use the security guard control centre which continuously follows the location of the vehicle used in guarding the security of collection through the use of a global navigation system, and regularly maintains communication with the security guard employees guarding the security of collection. Collection security guarding shall also include provision of consultations on the relevant issues.

Section 4. Restrictions on Security Guarding Activities

(1) The following is prohibited in security guarding activities:

1) to use such technical security equipment and substances that are dangerous to human life or health;

2) to openly carry weapons and special means, if the security guard employee is not in a uniform;

3) to use firearms to ensure order at the time of a meeting, procession, picket, and other public event;

4) to deliberately guard a person who intends to perform or is performing a criminal offence;

5) to perform security guarding activities (except for the installation of technical security systems) without a security guard certificate;

6) to assign the performance of security guarding activities to a person with whom an employment contract has not been entered into and who has not received a security guard certificate, except when, in accordance with the procedures for organising training placement specified in laws and regulations, a trainee who is undergoing the training necessary for the receipt of the security guard certificate in an accredited educational institution has been accepted into training placement. The trainee shall perform security guarding activities only under the leadership of a security guard employee. A security guard employee may concurrently lead (train) only one trainee;

7) to provide the security guarding service, if a written contract on the provision of the security guarding service has not been entered into with the entity contracting the security guarding service;

8) to provide such types of security guarding services which are not indicated in the special permit (licence) for the performance of security guarding activities (hereinafter - the special permit (licence));

9) to use a uniform and symbols which conform or are similar to uniforms and symbols of another security guard merchant (also such merchant whom the special permit (licence) has been cancelled within the last year), State and local government institutions, the National Armed Forces, or the national guard, and create a misleading perception of the performer of security guarding activities. The uniform must be different from the everyday clothing with a clearly legible name of the security guard merchant with whom the security guard employee is in employment legal relationships;

10) to involve a merchant who has not received the special permit (licence) for the provision of the relevant security guarding services in the fulfilment of the contract on the provision of security guarding services.

(2) The security guard merchant registered in a European Union Member State or European Economic Area State shall provide security guarding services in the Republic of Latvia without the special permit (licence), if the provision of security guarding services that has been commenced in the relevant European Union Member State or European Economic Area State is related to temporary entrance in the Republic of Latvia for continuing it, but is not the continuous provision of security guarding services in the Republic of Latvia.

[10 April 2014; 23 November 2016]

Section 5. Recording of Security Guard Merchant, Internal Security Services, Security Guard Employee, Special Permits (Licences), Permits for the Cross-border Transportation of Cash, and Security Guard Certificates

(1) The State Police shall register in the Register of Licences and Certificates information regarding the special permits (licences) issued for the performance of security guarding activities, regarding permits for the cross-border transportation of cash, regarding internal security service registration certificates and security guard certificates, as well as regarding security guard merchants, internal security services and the participants thereof, employees and administrative (representative) officials for whom restrictions are provided in this Law. The manager of the Register of Licences and Certificates shall be the Information Centre of the Ministry of the Interior.

(2) The Cabinet shall determine the extent of information to be registered in the Register of Licences and Certificates, the procedures for the inclusion, use, storage, and deletion of information, as well as the institutions to be granted access to the information included in the Register.

Chapter II
Security Guard Merchant

Section 6. Special Permit (Licence)

(1) A security guard merchant may commence security guarding activities after acquiring the special permit (licence).

(2) The types of security guarding services which the security guard merchant is allowed to provide shall be indicated in the special permit (licence).

(3) The special permit (licence) shall be issued by the State Police for five years and it shall be valid for performing security guarding activities throughout the territory of the State.

(4) The merchant shall receive a duplicate of the special permit (licence), if the special permit (licence) has been damaged, lost, or stolen, or a repeat special permit (licence) if the data regarding the merchant indicated therein has changed.

(5) The Cabinet shall determine the requirements for the receipt of the special permit (licence) and the requirements to be fulfilled during the period of validity of the special permit (licence), the procedures by which the special permit (licence), a duplicate or repeat special permit (licence) shall be issued to a merchant, and the procedures by which the special permit (licence) shall be cancelled, as well as determine the amount of the State fee to be paid for the issuing of the special permit (licence), a duplicate or repeat special permit (licence) and the procedures for payment thereof.

(6) The decision to refuse to issue a special permit (licence) may be contested and appealed in accordance with the procedures laid down in the Administrative Procedure Law.

Section 7. Restrictions for Issuing the Special Permit (Licence)

(1) Individual merchants and commercial companies whose foreign investment (except for European Union Member States and European Economic Area States) in equity capital does not exceed 50 per cent are entitled to receive the special permit (licence). A citizen of a European Union Member State or European Economic Area State who has not been punished for committing a criminal offence or on whom the status of a convicted person has not been imposed in criminal proceedings and for whom mental disorders, addiction to alcohol, narcotic, psychotropic or toxic substances or behavioural disorders have not been determined may be an individual merchant or person who is entitled to represent a commercial company.

(2) An individual merchant and at least one person who is entitled to represent the commercial company, or an employee specified by the commercial company who will directly organise and manage the work of security guard employees (security guarding organiser) shall receive a security guard certificate. This condition shall not apply to a merchant which wishes to receive the special permit (licence) only for the installation of technical security systems.

(3) It is prohibited to issue the special permit (licence) to a merchant:

1) which does not meet the conditions of Paragraphs one and two of this Section;

2) for which the special permit (licence) or the registration certificate of the internal security service has been cancelled, if less than a year has elapsed since its cancellation;

3) the participant of which is a legal person for which the special permit (licence) or the registration certificate of the internal security service has been cancelled;

4) a member or an official of the administrative (representation) of the commercial company of which is a natural person who has been a member of such security guard merchant for which the special permit (licence) or the registration certificate of the internal security service has been cancelled within the last year, or a natural person who was entitled to represent such merchant or for whom the security guard certificate has been cancelled within the last year;

5) regarding which the competent State authorities have grounds to believe that the individual merchant, the administrative (representative) official of the commercial company, or the participant is operating in an anti-government or criminal organisation, or is its members, causes threats to national or public security.

[22 December 2016]

Section 8. Permit for the Cross-border Transportation of Cash

(1) A security guard merchant or the internal security service shall carry out professional cross-border transportation of euro cash by road between the euro-area Member States in accordance with Regulation (EU) No 1214/2011 of the European Parliament and of the Council of 16 November 2011 on the professional cross-border transport of euro cash by road between euro-area Member States (hereinafter - Regulation No 1214/2011).

(2) The permit for the cross-border transportation of cash in accordance with the requirements of Regulation No 1214/2011 shall be issued, its operation shall be suspended, as well as the permit shall be cancelled and control of fulfilment of the relevant requirements shall be ensured by the State Police.

(3) The State Police is entitled to issue a duplicate of the permit for the cross-border transportation of cash, if the permit for the cross-border transportation of cash has been damaged, lost, or stolen, as well as to issue a repeat permit for the cross-border transportation of cash, if the data indicated therein regarding the merchant who carries out the cross-border transportation of euro cash by road has changed.

(4) The decision to refuse to issue the permit for the cross-border transportation of cash and the decision to suspend or cancel the operation of the permit may be contested and appealed in accordance with the procedures laid down in the Administrative Procedure Law. Contesting or appeal of the decision to suspend or cancel the operation of the permit shall not suspend its operation.

(5) The Cabinet shall determine the procedures for issuing the permit for the cross-border transportation of cash, the requirements to be met during operation of the permit, as well as the procedures and amount in which the State fee for the issuance of the permit for the cross-border transportation of cash, a duplicate of the permit for the cross-border transportation of cash, and a repeat permit for the cross-border transportation of cash shall be paid.

Section 9. Cancellation of the Special Permit (Licence)

(1) The special permit (licence) shall be cancelled if:

1) the activities of a security guard merchant are directed against the lawful interests of the State or society;

2) the security guard merchant violates or does not fulfil the requirements of this Law or other laws and regulations;

3) the security guard merchant has provided false information to the State Police in order to receive the special permit (licence), or has provided such thereto during operation of the special permit (licence);

4) it is determined by another law or a court ruling;

5) it has been established that the restrictions for issuing the special permit (licence) specified in Section 7 of this Law are applicable to the security guard merchant.

(2) The decision to cancel the special permit (licence) may be contested and appealed in accordance with the procedures laid down in the Administrative Procedure Law. Contesting or appeal of the decision to cancel the special permit (licence) shall not suspend its operation.

Section 10. Rights and Obligations of a Security Guard Merchant

(1) A security guard merchant which has received the special permit (licence) for the provision of physical security guarding, technical security guarding, or collection security guarding services has the right to:

1) acquire and store firearms with a State Police permit in order to ensure security guarding activities, as well as acquire and store gas pistols (revolvers) and special means in accordance with the procedures laid down in the Law on the Handling of Weapons and Special Means;

2) use firearms, gas pistols (revolvers), and special means in order to ensure security guarding activities in accordance with the procedures laid down in this Law;

3) use radio frequencies in accordance with the specified procedures in order to ensure radio communications;

4) use service dogs in security guarding activities;

5) use technical security systems in performing security guarding activities;

6) ensure guarding of the security of the immovable property and movable property in its possession, internal order and safety in the immovable property in its possession or holding, without registering the internal security service.

(2) The security guard merchant has the obligation:

1) when entering into an employment contract with a security guard employee, to issue an employment certificate thereto. The name of the security guard merchant, the given name and surname of the employee, the number of the employment permit (for foreigners employed in Latvia), the date and number of the employment contract, as well as the start date of employment legal relationship, if it does not coincide with the date of entering into the employment contract, shall be indicated in the employment certificate. The stamp of the security guard merchant, as well as a photograph of the employee shall be included in the employment certificate;

2) when entering into a contract on the provision of security guarding services, to ascertain whether the person has legal grounds for entering into a contract on guarding the security of the particular object;

3) to inform the party contracting the security guarding service, if another security guard merchant is planned to be involved in the fulfilment of contractual obligations. In such case the security guarding service shall be provided after amendments to the contract have been approved or a new contract has been entered into;

4) when performing security guarding activities, to evaluate the potential risks to the guarded object, to take the necessary measures in order to prevent potential threats to the security of the guarded object, as well as violations of the law aimed towards the guarded object;

5) in accordance with the laws and regulations regarding labour protection to ensure safety and health protection of security guard employees at work.

(3) Technical security guarding services shall be provided only by such security guard merchant which has established such security guard control centre which conforms to the requirements stipulated by the Cabinet for continuous receipt, processing of signals from the technical security system installed at the guarded object and for further notification of information (alarm signal) to the mobile appointments (security guard employees) of the security guard merchant and which is able to ensure their arrival at the guarded object within the time period specified in the security guarding service contract.

(4) Upon providing the collection security guarding services, a security guard merchant shall ensure that the guarding of the security of collection is concurrently performed by not less than two security guard employees who are equipped with armoured vests and firearms and are provided with means of communication, as well as a vehicle that is equipped with a global navigation system, means of communication, and an alarm signalling system. The security of collection may be guarded by one security guard employee, if a banknote container with an intelligent banknote neutralisation system conforming to the requirements of laws and regulations has been installed in the vehicle used for ensuring collection security guarding and there is a relevant labelling about it on the vehicle and the banknote container.

(5) Physical security guarding, technical security guarding, and collection security guarding shall be performed only by such security guard merchant the number of security guard employees of which, as well as the material and technical provision at the disposal of such merchant is sufficient to fulfil the obligations of the security guarding service, without violating the requirements of this Law, the laws and regulations governing employment legal relationship, and other laws and regulations. A security guard merchant (main contractor) for the fulfilment of obligations of the security guarding contract is entitled to attract other security guard merchants (sub-contractors), however, the main contractor is not entitled to transfer the fulfilment of its obligations to other contractors. The main contractor shall be responsible for the fulfilment of obligations of the security guarding service contract in general.

(6) A security guard merchant shall ensure that designing of technical security solutions, installation and servicing of technical security systems, as well as provision of consultations on the relevant issues shall be performed only by such employees who have certified corresponding knowledge.

[23 November 2016]

Chapter III
Internal Security Service

Section 11. Establishment and Registration of the Internal Security Service

(1) Institutions, merchants, and organisations which organise the security guarding of their objects themselves shall establish the internal security service for the performance of security guarding activities by hiring a person who has received the security guard certificate. If more than five security guard employees have been hired, the merchant or organisation shall register the internal security service with the State Police and receive a registration certificate of the internal security service.

(2) When performing security guarding activities, the internal security service shall be permitted to guard the immovable property, movable property or other values and employees of the institution, merchant, or organisation which has established it, in ownership, possession, or holding thereof, as well as to ensure internal order and safety at the guarded object.

(3) The internal security service shall not provide security guarding services. If the internal security service, upon performing security guarding activities at its guarded object, thus also directly ensures security guarding of another institution, merchant, or organisation located at the guarded immovable property or its territory, the special permit (licence) shall be required for such activities.

(4) It is prohibited to establish the internal security service, if registration of the internal security service has been cancelled for the institution, merchant, or organisation during the last year.

(5) The decision to refuse to register the internal security service may be contested and appealed in accordance with the procedures laid down in the Administrative Procedure Law.

(6) The institution, merchant, and organisation shall receive a duplicate of the registration certificate of the internal security service, if the certificate has been damaged, lost, or stolen, or a repeat certificate if the data indicated therein regarding the institution, merchant, or organisation has changed.

(7) The Cabinet shall determine the requirements for the receipt of the registration certificate of the internal security service and the requirements to be met during operation thereof, the procedures by which the registration certificate of the internal security service, its duplicate, or a repeat certificate shall be issued to the institution, merchant, and organisation, the registration certificate of the internal security service shall be cancelled, as well as the procedures for and amount in which the State fee for the issuance the registration certificate, its duplicate, and repeat certificate shall be paid.

Section 12. Cancellation of the Registration of the Internal Security Service

(1) The registration of the internal security service of an institution, merchant, or organisation shall be cancelled, if:

1) the activity of the internal security service is aimed against the lawful interests of the State or the society;

2) the internal security service violates or does not fulfil the requirements of this Law or other laws and regulations;

3) the institution, merchant, or organisation has provided false information to the State Police in order to register the internal security service, or has provided such during its operation;

4) it is determined by another law or a court ruling;

5) the internal security service does not conform to the conditions provided for in Section 11 of this Law.

(2) The decision to cancel the registration of the internal security service of an institution, merchant, or organisation may be contested and appealed in accordance with the procedures laid down in the Administrative Procedure Law. Contesting or appeal of the decision shall not suspend its operation.

Section 13. Operation of the Internal Security Service

(1) An institution, merchant, and organisation which have registered the internal security service with the State Police have the obligation:

1) when entering into an employment contract with a security guard employee, to issue an employment certificate thereto. The name of the institution, merchant, or organisation, the given name and surname of the employee, or the number of the employment permit (for foreigners employed in Latvia), the date and number of the employment contract, as well as the start date of employment legal relationship, if it does not coincide with the date of entering into the employment contract, shall be indicated in the employment certificate. The stamp of the institution, merchant, or organisation, as well as a photograph of the employee shall be included in the employment certificate;

2) in accordance with the laws and regulations regarding labour protection to ensure safety and health protection of security guard employees at work.

(2) An institution, merchant, and organisation which have registered the internal security service with the State Police have the right to acquire and store firearms with a State Police permit in order to ensure security guarding activities, as well as to acquire and store gas pistols (revolvers) and special means in accordance with the procedures laid down in the Law on the Handling of Weapons and Special Means.

(3) When performing security guarding activities, the internal security service has a duty to evaluate the potential risks to the guarded object, to take the necessary measures in order to prevent potential threats to the security of the guarded object, as well as the violations of the law aimed towards the guarded object.

(4) To ensure security guarding activities, the internal security service has the right to:

1) use radio frequencies in accordance with specified procedures in order to ensure radio communications;

2) use technical security systems in performing security guarding activities;

3) use service dogs in security guarding activities;

4) use firearms, gas pistols (revolvers), and special means in accordance with the procedures laid down in this Law.

(5) The provision of collection security guarding shall be subject to the same conditions as the security guard merchant.

Chapter IV
Security Guard Employee

Section 14. Security Guard Certificate

(1) The security guard certificate shall be issued, in accordance with the procedures laid down by the Cabinet, to a natural person who has acquired a specific education or has acquired a respective educational programme and passed the qualification examination of a security guard employee, or to a person who has a professional qualification acquired abroad recognised in accordance with the law On Regulated Professions and the Recognition of Professional Qualifications. The term of validity of the security guard certificate shall be five years.

(2) A security guard employee shall receive a duplicate of the security guard certificate, if the certificate has been damaged, lost, or stolen, or a repeat security guard certificate, if the personal data indicated therein has changed.

(3) The Cabinet shall determine:

1) the education necessary for the receipt of the security guard certificate;

2) the person who do not need to take the qualification examination of a security guard employee for the receipt of the security guard certificate;

3) the requirements regarding the qualification examination of a security guard employee and the procedures by which the person shall take it;

4) the procedures by which the security guard certificate, its duplicate, and a repeat certificate shall be issued to a natural person and the term of validity of the security guard certificate shall be extended;

5) the sample security guard certificate;

6) the procedures for and amount in which the State fee for taking the qualification examination of a security guard employee, issuing the security guard certificate, its duplicate, and a repeat certificate, and extending the term of validity of the security guard certificate shall be paid.

[10 April 2014; 22 December 2016]

Section 15. Restrictions for the Issuance of the Security Guard Certificate

It is prohibited to issue the security guard certificate to a person:

1) who has been punished for committing an intentional criminal offence or for a criminal offence committed under the influence of alcoholic beverages, narcotic or other intoxicating substances - prior to the extinguishment or setting aside of the conviction;

2) who has been convicted of committing the criminal offence provided for in Clause 1 of this Section by releasing from the punishment or serving of the punishment - if less than a year has passed since the ruling to release from the punishment or serving of the punishment entered into effect;

3) who has been released from criminal liability for committing the criminal offence provided for in Clause 1 one of this Section - less than a year has passed since the decision entered into effect;

4) who has been conditionally released from criminal liability for committing the criminal offence provided for in Clause 1 of this Section - prior to expiration of the probationary period;

5) to whom the status of the accused has been applied in criminal proceedings for committing the criminal offence provided for in Clause 1 of this Section;

6) who has been administratively punished for violations committed under the influence of alcoholic beverages, narcotic, psychotropic, toxic or other intoxicating substances, for refusal to submit to a medical test for alcohol concentration, as well as a test for narcotic or other intoxicating substances, for petty hooliganism, for intentional infliction of insignificant bodily harm, or for malicious non-compliance with lawful orders or requests of a police employee, a border guard, or guardsman, as well as a soldier - less than a year has passed since the administrative punishment was enforced;

7) whose security guard certificate has been cancelled during the last year;

8) who has been diagnosed with mental disorders, addiction to alcohol, narcotic, psychotropic, or toxic substances, or behavioural disorders;

9) who has not attained 18 years of age;

10) who does not have the necessary level of proficiency in the official language

Section 16. Cancellation of the Security Guard Certificate

(1) The State Police shall cancel the security guard certificate, if:

1) a security guard employee violates the rights of the security guard employee specified in this Law or does not fulfil the obligations;

2) a security guard employee does not comply with the conditions for the use of physical force, firearms, gas pistols (revolvers), special means, and service dogs specified in this Law;

3) the restrictions provided for in Section 15 of this Law have been established.

(2) A person whose security guard certificate has been cancelled shall, within five working days after receipt of the decision to cancel the security guard certificate, hand over the certificate to the State Police.

(3) The decision to refuse to issue the security guard certificate or to extend the term of validity thereof, or to extend the security guard certificate may be contested and appealed in accordance with the procedures laid down in the Administrative Procedure Law. Contesting of appeal of the decision to cancel the security guard certificate shall not suspend its operation.

Section 17. Security Guard Employee of Cross-border Transportation of Cash

(1) Cross-border transportation of euro cash by road may be carried out by a security guard employee who meets the requirements of Article 5 of Regulation No 1214/2011, if it has been certified by the State Police by issuing a permit to the security guard merchant for cross-border transportation of cash, or has notified about it during operation of the permit, and the security guard merchant has issued the employment certificate to the security guard employee, additionally indicating therein that the security guard employee is permitted to carry out cross-border transportation of euro cash by road in accordance with the requirements of Regulation No 1214/2011.

(2) The initial training of a security guard employee in accordance with the requirements of Article 5(1)(c) of Regulation No 1214/2011 shall be organised by a legal person which, in accordance with the laws and regulations governing the procedures for licensing professional educational programmes, has received a licence which allows to implement a professional educational programme for training a security guard employee of cross-border transportation of cash.

(3) The initial training of security guard employees shall be conducted in accordance with an educational programme which has been co-ordinated with the State Police in writing.

(4) After initial training the security guard employee shall take a qualification examination to be administered by a commission established for this purpose.

(5) Additional training of the security guard employee in accordance with the requirements of Article 5(1)(c) of Regulation No 1214/2011 shall be ensured by a merchant which performs cross-border transportation of euro cash by road.

[10 April 2014]

Section 18. Rights and Obligations of a Security Guard Employee

(1) When performing security guarding activities, a security guard employee is obliged to:

1) carry with them the security guard certificate and employment certificate and present it upon a request to representatives of controlling State institutions;

2) when restricting the rights of persons in the cases specified in this Law, to state his or her surname and the name of the security guard merchant upon the request of the person, presenting the employment certificate, as well as to provide an explanation, justifying each specific restriction;

3) provide information to the State Police, without delay, regarding a prepared or committed criminal offence;

4) detain a person who is suspected of committing a criminal offence or administrative violation in the guarded object, and inform the State Police thereof without delay, to record witnesses, to guard the location of the incident and to ensure the inviolability thereof;

5) not disclose information to third persons regarding technical security systems of the guarded object, organisation of security guarding, and other information which has become available, when fulfilling the duties of a security guard employee.

(2) A security guard employee, when performing security guarding activities, has the right to:

1) request a person to stop unlawful activities and to follow the specified procedures in the guarded object, or depending on the activities performed therein, request the relevant person to leave the guarded object, as well as to expel the person from the guarded object, if he or she disobeys the request and continues to violate the procedures specified in the guarded object and if such expulsion is provided for in the security guarding regulations of the guarded object;

2) check passes or other personal identification documents in the guarded object if it is necessary to comply with the security guarding regulations the fulfilment of which has been entrusted to the security guard employees;

3) request that a person voluntarily presents personal belongings, a vehicle or freight thereof and documents corroborating the conformity thereof, if such activities are provided for in the security guarding regulations of the guarded object. If a person has not attained 14 years of age, his or her personal belongings shall only be checked in the presence of his or her parents or lawful representatives and with their permission. If parents or lawful representatives of the abovementioned person are not present, the security guard employee shall summon the State Police.

Chapter V
Application of Physical Force, Special Means, Gas Pistols (Revolvers) and Firearms, and Use of Service Dogs in Security Guarding Activities

Section 19. Conditions for the Application of Physical Force, Special Means and Gas Pistols (Revolvers) and Use of Service Dogs

(1) If a person violating the law with his or her illegal actions poses an actual threat to the life or health of the security guard employee assigned to perform security guarding activities or other persons, or to the guarded object, the security guard employee may, after giving an oral warning of the application of physical force, special means, or gas pistol (revolver), or the use of a service dog, apply physical force, special means, or gas pistol (revolver), or use a service dog in order to terminate the illegal action and detain the person violating the law. The arrested person shall be immediately transferred to the State police.

(2) Physical force, special means, or gas pistol (revolver) may be applied or a service dog may be used without an oral warning if the violation of the law is related to violent breaking into the guarded object or a sudden attack on the security guard employee, another person or the guarded object.

(3) If necessary, first aid shall be provided to the detained person to whom physical force, special means, or gas pistol (revolver) has been applied or against whom a service dog has been used, and emergency medical services shall be called.

(4) Upon applying physical force, special means, or gas pistol (revolver) or using a service dog, it is prohibited to violate the boundaries necessary for defence and to cause harm to a person which obviously does not conform to the nature of the offence, disobedience, or resistance. It is prohibited to apply physical force, special means, or gas pistol (revolver) or to use a service dog, if other persons against whom it is not used may suffer.

Section 20. Keeping of Service Dogs

(1) Upon makings rounds with a service dog, the service guard employee shall keep it on a leash and bearing a muzzle, except in the cases specified in Section 19 of this Law.

(2) In enclosed territories, where humans are not present, dogs may be kept not tethered, if clearly legible warning notices have been placed in visible places.

Section 21. Firearms and Special Means to Be Applied in Security Guard Activities

(1) For the performance of security guarding activities, category B semi-automatic, non-automatic or single-shot firearms and category B, C or D long-barrelled-smooth-bore firearms that are classified as service firearms may be used.

(2) Upon performing security guarding activities, the security guard employee may carry personal category B semi-automatic, non-automatic or single-shot firearms or service firearms if the State Police has issued a permit for its carrying in accordance with the procedures laid down in the Law on the Handling of Weapons and Special Means. Service firearms shall be issued to security guard employees only while security guard duties are being performed.

(3) For the performance of security guard activities, in accordance with the procedures laid down in law, gas pistols (revolvers) and special means provided for self-defence may be applied - gas cylinders and electric shock devices, as well as truncheons, handcuffs, and other means of binding provided for self-defence.

(4) Security guard employees of transportation of cash of other European Union Member States or European Economic Area States to which the requirements of Regulation No 1214/2011 apply, entering the Republic of Latvia for the period of guarding the security of collection or crossing the territory of the Republic of Latvia in a cash transport vehicle, may be armed with the firearms, gas pistols (revolvers) referred to in Paragraphs one and three of this Section and their ammunition, as well as special means, if they have a permit issued by the competent State authority of the relevant Member State which gives the right to apply such weapons in security guard activity, or they have the right to apply such special means in the relevant Member State in security guarding activities without a permit. Security guard employees of transportation of cash, upon performing professional transportation of cash by road, shall transport, carry, use, and apply weapons and special means in the territory of the Republic of Latvia in accordance with the requirements of Regulation No 1214/2011, this Law, and the Law on the Handling of Weapons and Special Means.

Section 22. Conditions for the Application and Use of Firearms

(1) A security guard employee may apply a firearm as final means in security guarding activities in order to:

1) protect himself or herself or another person against an attack that actually endangers human life or health, or may cause substantial material damage;

2) avert an illegal attempt to take a firearm away by force;

3) detain a person violating the law who has been surprised in the act of breaking in or otherwise illegally entering the guarded object or performing another criminal offence, if the person violating the law demonstrates non-compliance;

4) render harmless an animal which endangers human life, health or property.

(2) A security guard employee may use a firearm to warn of the application of a firearm or frighten away an animal that endangers human life, health or property.

(3) It is prohibited to use and apply firearms, if other persons against whom the weapon is not directed may suffer as a result of the use or application thereof.

(4) Upon applying a firearm it is prohibited to breach the boundaries required for self-defence and inflict harm on a person that does not obviously correspond to the character of an offence, non-compliance or resistance.

Section 23. Procedures for the Application of Firearms

(1) A warning of the intention to use a firearm shall be made by firing a warning shot. A firearm may be used without a warning when:

1) the attack which endangers a person's life or health is sudden;

2) such weapons or objects are used in the attack which endanger human life or health, or mechanical means of transport are used;

3) the person to be detained shows resistance by using weapons or objects that endanger the life or health of another person.

(2) If a firearm is used, the security guard employee shall makes all efforts to reduce harm.

(3) Security guard employees shall notify the State police and their direct manager of every instance of the use of a firearm. If harm has been caused to human life, health or property, the place of the event must be preserved as much as possible, but if there are victims, they first aid must be immediately provided to them and it must be ensured that the emergency medical services are called for them.

Chapter VI
Liability and Insurance in Security Guarding Activities

Section 24. Obligation to Compensate Losses

The security guard merchant shall be obliged to compensate to third persons the losses caused to them as a result of the actions of the merchant or omission thereof in accordance with the procedures laid down in laws and regulations.

Section 25. Civil Liability Insurance for a Security Guard Merchant

(1) A security guard merchant which has received the special permit (licence) for the provision of physical security guarding, technical security guarding, or collection security guarding services has the obligation to insure his or her civil liability for the harm inflicted upon the life or health of a third person and losses caused to the property belonging to the third person as a result of his or her actions or omission thereof, and also to inform the issuer of the special permit (licence) of the existence of the mandatory civil liability insurance.

(2) The losses caused to the property belonging to a third person shall be evaluated, taking into account the principles of compensation in accordance with the law On Insurance Contracts. The amount of insurance compensation shall be determined by agreement of the parties.

(3) If, upon the occurrence of an insurance event, losses have been caused to several persons and the amount thereof exceeds the limit of liability specified in the insurance contract (policy), the insurance compensation shall be calculated for each claimant in proportion to the losses caused to him or her for in such amount so that the total payable compensation would not exceed the limit of liability for one insurance event specified in the insurance contract (policy).

(4) The procedures for civil liability insurance and the limit of the amount of civil liability insurance shall be determined by the Cabinet.

Transitional Provisions

1. With the coming into force of this Law, the Security Guard Activities Law of 11 May 2006 (Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 2006, No. 12; 2008, No. 12; Latvijas Vēstnesis, 2010, No. 183) is repealed.

2. Until the date of coming into force of the relevant Cabinet regulations, but not longer than until 1 January 2015, the following Cabinet regulations shall be applicable, insofar as they are not in contradiction with this Law:

1) Cabinet Regulation No. 930 of 11 November 2008, Regulations Regarding the Licensing of Security Guarding Activities;

2) Cabinet Regulation No. 66 of 27 January 2009, Regulations Regarding the Mandatory Civil Liability Insurance in Security Guarding Activities;

3) Cabinet Regulation No. 594 of 2 August 2011, Regulations Regarding the Procedures for the Payment of the State Fee for the Issuance, Extension and Cancellation of Security Guard Certificates and the Amount Thereof;

4) Cabinet Regulation No. 1110 of 15 October 2013, Procedures for the Registration of the Internal Security Service.

3. Merchants o which Category 1 special permits (licences) have been issued are entitled to provide the services for the installation of technical security systems until 1 January 2017.

[10 April 2014]

4. Merchants to which Category 2 special permits (licences) have been issued are entitled to provide all security guarding services provided for in Section 3, Paragraph one of this Law (except for the professional cross-border transportation of euro cash by road between the euro-area Member States, if a permit for the cross-border transportation of cash has not been received) until 1 January 2017.

[10 April 2014]

5. Merchants to which Category 1 and Category 2 special permits (licences) have been issued shall receive new licences in accordance with the requirements of this Law until 1 January 2017, or hand over the previously issued licences to the State Police and terminate the provision of security guarding services.

[10 April 2014]

6. The security guard certificates issued until the day of coming into force of this Law shall be valid until the end of their term of validity.

7. Until 1 July 2017 a security guard certificate shall be issued also to such natural person who has acquired the professional development programme necessary for the acquisition of the security guard certificate, as well as the training course in the provision of first aid and has passed the qualification examination in security guarding activities.

[10 April 2014]

8. The conditions of this Law in relation to the obligation to use such security guard control centre in the performance of technical security guarding which conforms to the requirements laid down by the Cabinet shall be mandatory for a merchant from 1 January 2017.

[10 April 2014]

9. Merchants which have received special permits (licences) for the performance of technical security guarding shall, until 31 December 2016, establish such security guard control centre which conforms to the requirements laid down by the Cabinet or hand over the issued special permits (licences) to the State Police and terminate the provision of security guarding services.

[10 April 2014]

10. Until the day when the Cabinet regulations determining the amount of the State fee for the receipt of the special permit (licence) come into force, such State fee shall be paid for the special permit (licence) for the installation of technical security systems as has been specified for the receipt of Category 1 special permit (licence).

[10 April 2014]

11. Until the day when the Cabinet regulations determining the amounts of the State fee for the receipt of the special permit (licence) come into force, such State fee shall be paid for the special permit (licence) for physical security guarding, technical security guarding, and collection security guarding as has been specified for the receipt of Category 2 special permit (licence).

[10 April 2014]

12. The Cabinet shall issue the regulations referred to in Section 14, Paragraph three of this Law by 1 July 2017. Until the date of coming into force of the respective Cabinet regulations, but not longer than until 1 July 2017, Cabinet Regulation No. 742 of 2 December 2014, Regulations Regarding the Issuance of Security Guard Certificates, shall be in force, insofar as it is not in contradiction with this Law.

[22 December 2016]

Informative Reference to Directives of the European Union

Legal norms have been harmonised with the European Commission and the European Union Member States in accordance with Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 amending Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations.

The Saeima adopted this Law on 13 February 2014.

President A. Bērziņš

Riga, 6 March 2014


1 The Parliament of the Republic of Latvia

Translation © 2019 Valsts valodas centrs (State Language Centre)

 
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Status:
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Issuer: Saeima Type: law Adoption: 13.02.2014.Entry into force: 20.03.2014.Theme:  State security and protectionPublication: Latvijas Vēstnesis, 47, 06.03.2014. OP number: 2014/47.1
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