Procedures for the Provision of Consular Assistance outside the European Union

Issued in accordance with
Section 11, Paragraph four of the Law on Consular Assistance and Consular Services

1. This Regulation prescribes the procedures by which a consular officer of the Republic of Latvia (hereinafter - the consular officer) and an honorary consul authorised by the Republic of Latvia to perform consular functions (hereinafter - the honorary consul) shall cooperate with the European Union Member States (hereinafter - the Member States), European Union delegations abroad and the European External Action Service in providing consular assistance to a person under the protection of Latvia (hereinafter - the person) outside the European Union and to citizens of other Member States whose country of nationality does not have a diplomatic or consular representation or an honorary consulate which provides consular assistance in the respective country outside the European Union (hereinafter - the unrepresented EU citizen).

2. The cooperation with the Member States, European Union delegations and the European External Action Service shall be carried out by the Consular Department of the Ministry of Foreign Affairs (hereinafter - the Consular Department). Cooperation shall take place within the scope of the respective consular assistance case and shall be regarded as a part of the assistance provided to the person.

3. The Consular Department shall provide consular assistance to the person in a foreign country outside the European Union if his or her place of stay does not fall within the consular district of any diplomatic or consular representation of the Republic of Latvia (hereinafter - the representation of Latvia).

4. The Consular Department may request another Member State to take over the provision of assistance to the person in a foreign country outside the European Union, irrespective of whether the person is within the consular district of any representation of Latvia, if the following circumstances exist:

4.1. identification of the person on-site cannot be provided;

4.2. operational and direct communication with institutions at the location of the person cannot be ensured;

4.3. other circumstances limiting effective provision of consular assistance exist.

5. When taking the decision on making a request to take over the provision of consular assistance, the Consular Department shall take into account the location and reciprocity of the representations of Member States.

6. The Consular Department shall inform the person of the Member State which has agreed to take over the consular assistance case in accordance with Paragraph 4 of this Regulation.

7. If the person has independently applied for consular assistance to any diplomatic or consular representation of another Member State outside the European Union and any of the circumstances referred to in Paragraph 4 of this Regulation exist, the Consular Department shall request such Member State to the representation of which the person has applied to undertake the provision of consular assistance.

8. The Consular Department shall cooperate with the Member State which provides the consular assistance and ensure:

8.1. collection and transfer of the information necessary for the provision of consular assistance (upon a request of the respective Member State);

8.2. communication with relatives of the person and institutions.

9. The Consular Department shall discontinue the provision of consular assistance to the person if the representation of the Member State which provides the consular assistance informs that the person no longer faces such situation where consular assistance is required.

10. The Consular Department or the consular officers of the representation of Latvia shall provide consular assistance abroad based on their consular districts when:

10.1. the Member State refuses to provide consular assistance to the person who is not a citizen of the European Union;

10.2. the person informs that he or she does not want to receive consular assistance from the representation of another Member State;

10.3. the circumstances referred to in Paragraph 4 of this Regulation do not exist.

11. If the unrepresented EU citizen has applied for consular assistance to the representation of Latvia, the representation of Latvia shall immediately inform the Consular Department thereof. The Consular Department shall:

11.1. contact the Foreign Service of the country of nationality of the unrepresented EU citizen and transfer all the information at the disposal of the representation of Latvia on his or her identity, information on the amount and costs of the available consular assistance;

11.2. ascertain that the country of nationality of the unrepresented EU citizen does not take over his or her consular assistance case and inform the representation of Latvia thereof so that it could notify the unrepresented EU citizen.

12. The representation of Latvia referred to in Paragraph 11 of this Regulation shall provide consular assistance to the unrepresented EU citizen if the country of nationality of the unrepresented EU citizen does not take over his or her consular assistance case. The Consular Department shall carry out communication with the country of nationality of the unrepresented EU citizen, including to acquire the information necessary for the provision of consular assistance and facilitate communication of such citizen with his or her country of nationality.

Informative Reference to European Union Directive

This Regulation contains legal norms arising from the Council Directive (EU) 2015/637 of 20 April 2015 on the coordination and cooperation measures to facilitate consular protection for unrepresented citizens of the Union in third countries and repealing Decision 95/553/EC.

Prime Minister Māris Kučinskis

Acting for the Minister for Foreign Affairs -
Minister for Welfare Jānis Reirs

Translation © 2018 Valsts valodas centrs (State Language Centre)