Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
16 May 2002 [shall come
into force on 12 June 2002];
15 May 2003 [shall come into force on 11 June
2003];
30 October 2003 [shall come into force on 13 November
2003];
7 April 2004 [shall come into force on 4 May 2004];
2 December 2004 [shall come into force on 29 December
2004];
21 April 2005 [shall come into force on 25 May
2005];
28 April 2005 [shall come into force on 17 May
2005];
1 December 2005 [shall come into force on 5 January
2005];
15 June 2006 [shall come into force on 11 July
2006];
2 November 2006 [shall come into force on 23 November
2006];
9 November 2006 [shall come into force on 16 November
2006];
1 March 2007 [shall come into force on 3 August
2007];
29 March 2007 [shall come into force on 1 May
2007];
17 April 2008 [shall come into force on 14 May
2008];
12 December 2008 [shall come into force on 1 January
2009];
18 June 2009 [shall come into force on 3 July
2009];
29 April 2010 [shall come into force on 28 May
2010];
7 March 2013 [shall come into force on 10 April
2013];
15 May 2014 [shall come into force on 14 June
2014];
5 June 2014 [shall come into force on 26 June
2014];
25 February 2016 [shall come into force on 23 March
2016];
8 December 2016 [shall come into force on 1 January
2017];
23 March 2017 [shall come into force on 29 March
2017];
18 May 2017 [shall come into force on 14 June
2017];
22 June 2017 [shall come into force on 1 September
2017];
4 October 2018 [shall come into force on 30 October
2018];
23 November 2020 [shall come into force on 1 January
2021];
20 May 2021 [shall come into force on 15 June
2021];
8 December 2021 [shall come into force on 4 January
2021];
28 February 2022 [shall come into force on 1 March
2022];
16 June 2022 [shall come into force on 23 June
2022];
6 October 2022 [shall come into force on 3 November
2022];
20 October 2022 [shall come into force on 14 November
2022];
27 March 2024 [shall come into force on 24 April
2024];
29 May 2025 [shall come into force on 1 July 2025];
12 June 2025 [shall come into force on 28 June 2025].
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 Saeima 1 has adopted and
the President has proclaimed the following law:
National Security Law
Chapter I
General Provisions
Section 1. National Security
(1) National security is a state, attained as a result of
joint, purposeful measures implemented by the State and society,
in which the independence of the State, its constitutional
structure and territorial integrity, the prospect of free
development of society, welfare and stability are guaranteed.
(2) Guaranteeing of national security is a basic obligation of
the State.
Section 2. Purpose of this Law
The Law prescribes the national security system and its tasks,
the competence of the persons or institutions responsible for the
national security system and the principles and procedures of
coordination, implementation and control of their activities.
Section 3. National Security System
and Its Tasks
(1) The national security system is formed by the authorities
implementing State authority and administration, and the citizens
of Latvia to whom law delegates obligations and rights in the
field of national security within the scope of specified
competence.
(2) The tasks of the national security system are the
following:
1) to forecast in a timely manner and prevent internal and
external threat to the State, to guarantee State defence, public
safety and democratic development of society;
2) to draw up a joint, systemic policy of national security
for the authorities implementing State authority and
administration, and to implement, in a coordinated and purposeful
manner, the legal, economic, social, military, security and other
measures determined by the State at all levels of State
administration;
3) to ensure management of the measures for the prevention and
overcoming of situations of the threat to national security, and
also crisis management.
(3) The operation of the national security system is based
upon civilian-military cooperation and also cooperation between
the authorities implementing State authority and administration
depending on the type, intensity, and nature of the threat to
national security and crisis. Civilian-military cooperation is
planned and coordinated activities of State administration
institutions, the public and the National Armed Forces in the
overcoming of threat to national security. The basic principles
of civilian-military cooperation are effective mutual cooperation
coordination, unified understanding of common goals and shared
responsibility for the results of achieving the goals.
[15 May 2003; 29 May 2025]
Section 3.1 Prohibition
to Serve in Foreign States
(1) Latvian citizens are prohibited from serving in the armed
forces, internal security forces, military organisation,
intelligence service or security service, police (militia), or
justice institution services (hereinafter - the service) of
foreign states or other subjects of the international law or
established in their territories, except the case when:
1) a Latvian citizen is serving in the service of the European
Union, the North Atlantic Treaty Organisation, a Member State of
the European Union, a Member State of the European Free Trade
Association, a Member State of the North Atlantic Treaty
Organisation, the Commonwealth of Australia, the Federative
Republic of Brazil, New Zealand, or Ukraine or in the service of
such country with which the Republic of Latvia has entered into
an agreement regarding recognition of dual citizenship;
2) a Latvian citizen is serving in the service that is not
recognised as voluntary in the country of his or her citizenship
(nationality) with which the dual citizenship has occurred in
accordance with the conditions of the Citizenship Law.
(2) A non-citizen of Latvia is prohibited from serving in the
service of a foreign state.
[8 December 2016; 28 February 2022 / See Paragraph
20 of Transitional Provisions]
Section 3.2 Prohibition
on the Organisation and Carrying Out of Trainings on the
Performance of Military Tactical Tasks, and also on Participation
Therein
The organisation and carrying out of individual or collective
trainings for the development of combat capabilities (performance
of military tactical tasks) and skills necessary for the capture
of persons, buildings and objects or occupation of populated
areas and territories, freeing of detained, arrested and
convicted persons, and also planning and implementation of
attack, defence and combat support operations, and also
participation in such trainings is prohibited, except when such
are organised and carried out for ensuring the State defence,
public order and safety and fulfilment of other functions
provided for in the Law.
[4 October 2018]
Chapter II
Competence of Persons or Institutions Responsible for the
National Security System
Section 4. Principles of
Distribution of Competence of Persons or Institutions Responsible
for the National Security System
The basis for the division of competence of persons or
institutions responsible for the national security is the State
structure, parliamentary democracy and the principle of division
of State authority determined in the Constitution of the Republic
of Latvia, and also the principles in accordance with which the
parliamentary and civil control over the National Armed Forces,
institutions of the system of the Ministry of the Interior and
State security is performed.
Section 5. Obligations and Rights of
Latvian Citizens
It is the obligation of every Latvian citizen to defend the
independence, freedom and democratic structure of the State. Only
Latvian citizens are entitled to:
1) participate in the development of the national security
plan;
2) perform military service;
3) hold offices in State security institutions.
[15 May 2003]
Section 6. Competence of the
Saeima
The Saeima shall:
1) adopt laws in the field of national security;
2) approve the National Security Concept and the State Defence
Concept;
3) perform parliamentary control over the National Armed
Forces, institutions of the system of the Ministry of the
Interior and State security;
4) determine the basic structure and size of the National
Armed Forces, and the principles for staffing;
5) determine the principles for staffing State security
institutions;
6) accept and supervise the use of budget funds granted for
the needs of national security;
7) decide on the utilisation of units of the National Armed
Forces outside the State territory in accordance with the
procedures laid down in law;
8) appoint to and release from office the officials,
determined by law, of defence institutions and State security
institutions;
9) decide on the declaration and commencement of war;
10) assess the justification of a declared emergency
situation, state of exception or mobilisation;
11) examine the information provided by the Prime Minister
regarding national security.
[7 April 2004; 15 May 2014]
Section 7. Competence of the
National Security Committee of the Saeima
(1) Members elected to the National Security Committee of the
Saeima shall need a first level personnel security
clearance for access to an official secret for work in this
committee. If such member is elected to the committee who does
not have such a clearance, he or she may participate in the
committee meetings only after receipt of the abovementioned
personnel security clearance.
(2) The National Security Committee of the Saeima
shall:
1) [7 April 2004];
2) assess and accept draft budgets of State security
institutions;
3) perform parliamentary control of the activities and
utilisation of budget funds of State security institutions;
4) hear reports of the Cabinet and heads of State security
institutions on activities of State security institutions, and
also examine the results of examinations of the activity of such
institutions;
5) [7 April 2004];
6) [7 April 2004];
7) examine proposals regarding the appointment to and release
from office of the Director of the Constitution Protection
Bureau.
[30 October 2003; 7 April 2004; 1 March 2007; 29 March
2007 / See Transitional Provisions of the Law of 29 March
2007]
Section 8. Competence of the
President
(1) The President shall:
1) perform the duties of the Commander-in-Chief of the
National Armed Forces;
2) chair the National Security Advisory Board;
3) appoint a Supreme Commander for the time of war;
4) form the Military Council of the President;
5) recommend the Commander of the National Armed Forces for
approval by the Saeima;
6) propose the issue of declaration and commencement of war
for decision in the Saeima;
7) if an armed attack has taken place, request the collective
defence support of the North Atlantic Treaty Organisation without
delay and authorise the North Atlantic Treaty Organisation to
take the measures deemed as necessary thereby, including
application of armed force in order to preserve and restore the
sovereignty and territorial integrity of the Republic of Latvia
(within the scope of Article 5 of the North Atlantic Treaty of 4
April 1949);
8) take a decision on the position of the Republic of Latvia,
if another Member State of the North Atlantic Treaty Organisation
is requesting to examine an issue regarding collective defence
support of the North Atlantic Treaty Organisation (within the
scope of Article 5 of the North Atlantic Treaty of 4 April 1949)
and if the Cabinet has been delayed in taking such decision.
(2) The President has the right to receive, upon his or her
request, information at the disposal of State authorities and
institutions in conformity with the regulations regarding use of
information laid down in law.
[5 June 2014; 25 February 2016]
Section 9. Competence of the Prime
Minister
The Prime Minister shall:
1) manage the measures for the prevention and overcoming of
situations of the threat to national security, and also crisis
management processes;
2) every year submit a report on national security to the
Saeima including it in the annual report on the activities
carried out and planned by the Cabinet or submitting a separate
report;
3) coordinate the operation of the Crisis Management Centre
and ministers in the field of national security and crisis
management;
4) organise drawing up and implementation of concepts of and
plans for national security, State defence and mobilisation of
the national economy;
5) take the decision to perform or not perform a combat action
against an aircraft in the territory of the Republic of Latvia in
the case of extreme necessity in order to prevent harm to
national security interests and if there is a basis to believe
that the aircraft is being used as a weapon for the destruction
of people, and the Minister for Defence has been prevented from
fulfilling his or her office;
6) decide on requesting consultations with the North Atlantic
Treaty Organisation (within the scope of Article 4 of the North
Atlantic Treaty of 4 April 1949) if territorial integrity,
political independence or security of the State is
endangered;
7) upon consulting with the Minister for Foreign Affairs and
the Minister for Defence, decide on the position of Latvia in the
North Atlantic Treaty Organisation if international peacekeeping
operation by the North Atlantic Treaty Organisation is being
prepared;
8) appoint to the office and remove from the office the head
of the Crisis Management Centre.
[29 March 2007; 15 May 2014; 5 June 2014; 29 May 2025 /
Amendment regarding the new wording of Clause 2 will be
included in the wording of the Law from the day of coming into
force of the relevant amendments to the Rules of Order of
Saeima. See Paragraph 33 of Transitional
Provisions]
Section 10. Competence of the
Cabinet
(1) The Cabinet shall:
1) provide the necessary funds to State authorities for the
implementation of tasks determined for them in the field of
national security;
2) appoint to and release from office the officials,
determined by law, of defence institutions, the system of the
Ministry of the Interior and State security institutions;
3) approve the aggregate of critical infrastructure;
4) [29 May 2025];
5) decide on the participation of units of the National Armed
Forces in international rescue and humanitarian operations, and
also in military training (manoeuvres) outside the territory of
Latvia;
6) [29 May 2025];
7) [17 April 2008];
8) [29 May 2025];
9) take the decision on retaining the influence of a person or
a permit to obtain influence in commercial companies and
associations of significance to national security, and also on a
permit to transfer the critical infrastructure into possession or
ownership of another person;
10) [27 March 2024 / See Paragraph 29 of Transitional
Provisions].
(2) The Cabinet has the right:
1) to request and receive information at the disposal of State
security institutions in conformity with the regulations
regarding use of information laid down in law;
2) to assign the fulfilment of individual tasks to the Crisis
Management Centre, the ministries, other State authorities and
local governments according to their competence.
[6 December 2001; 2 December 2004; 21 April 2005; 15 June
2006; 17 April 2008; 29 April 2010; 5 June 2014; 23 March 2017;
20 May 2021; 20 October 2022; 27 March 2024; 29 May 2025]
Section 11. Competence of the
Ministry of Defence
(1) The Ministry of Defence shall:
1) draw up and implement the State defence policy;
2) plan resources necessary for State defence and submit the
proposals related thereto to the Cabinet;
3) ensure the administration and military education of the
personnel involved in State defence.
(2) The Minister for Defence shall perform civil control over
the National Armed Forces and other authorities subordinate to
the Ministry.
(3) In the case of extreme necessity in order to prevent harm
to national security interests and if there is a basis to believe
that the aircraft is being used as a weapon for the destruction
of people, the Minister for Defence shall take the decision to
perform or not perform a combat action against an aircraft in the
territory of the Republic of Latvia.
(4) The Minister for Defence is entitled to take the decision
on the participation of certain units of National Armed Forces in
international rescue operations and international humanitarian
operations as specifically provided for in the Law on
Participation of the Latvian National Armed Forces in
International Operations.
(5) The Minister for Defence shall, upon assessment of the
national security and defence interests, take the decision on the
implementation of the special operations of the National Armed
Forces abroad and the implementation of active cyber defence
operations. The Minister for Defence shall receive an agreement
upon the decision from the Prime Minister and Minister for
Foreign Affairs. The National Security Advisory Board shall be
informed of the course and results of the special operation.
[28 April 2005; 1 December 2005; 29 March 2007; 16 June
2022]
Section 12. Competence of the
Supreme Commander
(1) The Supreme Commander or his or her authorised person
shall participate in the Cabinet meeting in an advisory
capacity.
(2) The Supreme Commander shall conduct the State defence to
prevent threat to the independence of the State, its
constitutional structure and territorial integrity if the Cabinet
is delayed in performing wartime tasks prescribed by this Law or
other laws and regulations.
[25 February 2016]
Section 13. Competence of the
Ministry of the Interior
(1) The Ministry of the Interior and the authorities
subordinate to it shall:
1) draw up and implement the State policy of internal
affairs;
2) protect public order and safety;
3) protect the rights and lawful interests of persons;
4) register natural persons and ensure and control lawful
residence of persons in the State;
5) implement fire safety, fire-fighting, rescue and civil
protection measures;
6) within the scope of competence determined by law, guard and
control the State border of Latvia;
7) coordinate the activities of State and local government
authorities and public organisations regarding matters of
maintenance of public order;
8) forecast and prevent threat to the security of the State
and society, and to the national economy;
9) perform the functions of a single contact point for
cross-border cooperation and also coordinate the cooperation with
the European Commission on the issues of the resilience of
critical infrastructure;
10) cooperate with the State security institutions, State and
local government authorities, owners and lawful possessors of
critical infrastructure and also implement the cross-border
cooperation to ensure the resilience of critical
infrastructure.
(2) On the basis of a recommendation of the head of the State
Security Service, the Minister for the Interior shall, in
accordance with the procedures stipulated by the Cabinet, declare
the terrorism threat level.
[1 December 2005; 2 November 2006; 27 March 2024; 12 June
2025]
Section 14. Competence of the
Ministry of Foreign Affairs
The Ministry of Foreign Affairs shall:
1) implement the State external security policy;
2) coordinate the conclusion of international agreements
binding on Latvia in the field of national security;
3) analyse the foreign and internal policy of foreign
states.
Section 15. State Security
Institutions
(1) State security institutions are State authorities which,
for the implementation of tasks determined for the national
security system, perform intelligence, counterintelligence
activities and operational activities measures.
(2) The aggregate of State security institutions shall be
formed by:
1) the Constitution Protection Bureau;
2) the Military Intelligence and Security Service;
3) the State Security Service.
(3) The competence of State security institutions shall be
determined by special laws.
[29 March 2007; 27 March 2024]
Section 15.1 Information
Analysis Service
[18 June 2009]
Section 15.2 Officials of
the Information Analysis Service
[18 June 2009]
Section 15.3 Crisis
Management Centre
(1) The Crisis Management Centre is a unit under the
functional supervision of the Prime Minister and in the
composition of the State Chancellery which ensures the planning,
preparation, and implementation of crisis management measures on
the assignment of the Prime Minister.
(2) The head of the Crisis Management Centre is a civil
servant of the State civil service who is appointed to the office
and removed from the office by the Prime Minister after approval
at the Cabinet in accordance with the procedures laid down in
Section 11, Paragraphs three and four of the State Civil Service
Law.
[29 May 2025]
Section 16. Competence of Other
Ministries and State Authorities
Other ministries and State authorities shall fulfil the
obligations provided for in the law, Cabinet regulations and
decisions in order to guarantee the implementation of the
concepts and plans related to the national security, and also the
execution of operational measures of security, overcoming
situations of the national threat, and crisis management.
[29 May 2025]
Section 17. Competence of Local
Governments
Local governments shall:
1) participate in ensuring public order and safety in the
administrative territory of the relevant local government;
2) provide assistance to State security institutions and the
National Armed Forces in the implementation of national security
measures;
3) perform State administration functions the performance of
which is delegated to the relevant local government in accordance
with the procedures laid down in law.
[29 May 2025]
Section 18. Competence of Public
Organisations
(1) Public organisations and their associations may be
involved in national security measures in accordance with the
procedures and to the extent laid down in laws and
regulations.
(2) It is prohibited to form, train and arm military public
organisations of volunteers or associations of such
organisations.
Chapter
II.1
Prohibition to Exit from the Republic of
Latvia
[22 June 2017]
Section 18.1 Prohibition to Exit
(1) A citizen, a non-citizen, a person who has been granted
the status of a stateless person or alternative status in the
Republic of Latvia, a refugee, and also a national of a country
which applies the provisions of the Schengen acquis on free
movement of persons, but who has been issued a residence permit
in the Republic of Latvia, and a national of another country for
whom a decision on the prohibition to enter the Republic of
Latvia cannot be taken, is prohibited to exit from the Republic
of Latvia if the Minister for the Interior has taken the decision
on the prohibition for him or her to exit from the Republic of
Latvia.
(2) The Minister for the Interior may take the decision on the
prohibition for the person referred to in Paragraph one of this
Section to exit from the Republic of Latvia for a specific period
of time up to one year if a State security institution has
provided information that the abovementioned person is planning
to engage in or there is a certain and apparent risk for the
person, due to his or her vulnerability, to be unconsciously
involved in an armed conflict, terrorist activities or other
activities outside the Republic of Latvia as a result of which
there are sufficient grounds for assuming that the person will
endanger national security of the Republic of Latvia after his or
her return.
(3) The head of the State security institution shall send a
statement on existence of the conditions referred to in Paragraph
two of this Section to the Minister for the Interior for taking
the decision on prohibition for the person to exit from the
Republic of Latvia.
(4) The decision on prohibition for the person to exit from
the Republic of Latvia shall enter into effect on the day of
taking it. Upon notifying the person of prohibition to exit from
the Republic of Latvia, he or she shall be provided information
regarding the facts and the justification for the decision
insofar as it is permitted by the requirements of the law On
Official Secret and of other laws and regulations governing
protection of information.
(5) The Minister for the Interior shall, within three working
days after the decision on prohibition for the person to exit
from the Republic of Latvia has been taken, inform the Office of
Citizenship and Migration Affairs thereof.
(6) The person referred to in Paragraph one of this Section
regarding whom the decision has been taken in accordance with
Paragraph two of this Section has the right, within one month
after notifying the decision, to appeal it to the Department of
Administrative Cases of the Supreme Court. Submission of the
application to the court shall not suspend the operation of the
decision referred to in Paragraph two of this Section.
(7) The Cabinet shall determine the scope of information to be
included in the Register of Prohibition to Exit and Departure of
Persons on the person for whom the decision on the prohibition to
exit from the Republic of Latvia has been taken and also the
procedures for the inclusion of such information, its storage
periods, deletion procedures, and the authorities to be granted
access to the information included in the Register.
[22 June 2017; 20 October 2022]
Section 18.2 Examination
in a Court of an Application Regarding the Decision of the
Minister for the Interior on Prohibition for the Person to Exit
from the Republic of Latvia
(1) The Department of Administrative Cases of the Supreme
Court shall examine a case which has been initiated on the basis
of the application regarding the decision referred to in Section
18.1, Paragraph two of this Law within two months from
the day when the decision to accept the application and to
initiate a case was taken.
(2) The court shall examine the case as the court of first
instance. The case shall be examined collegially.
(3) If the court needs to examine information containing an
official secret for objective clarification of circumstances of
the case, only the court shall become acquainted with such
information and evaluate it. The court shall indicate in the
ruling that such information has been evaluated.
(4) The court ruling is final and not subject to appeal, and
shall enter into effect at the moment of proclaiming it.
[22 June 2017]
Chapter III
National Security Advisory Board
Section 19. Composition of the
National Security Advisory Board
(1) Members of the National Security Advisory Board shall be
the following:
1) the President;
2) the Chairperson of the Saeima;
3) the chairperson of the National Security Committee of the
Saeima;
4) the chairperson of the Defence, Internal Affairs and
Corruption Prevention Committee of the Saeima;
5) the Prime Minister;
6) the Minister for Defence;
7) the Minister for Foreign Affairs;
8) the Minister for the Interior;
9) [7 April 2004].
(2) The Prosecutor General has the right to participate in the
meetings of the National Security Advisory Board.
(21) The heads of State security institutions may
be invited to participate in the meetings of the National
Security Advisory Board in an advisory capacity.
(3) The activity of the National Security Advisory Board and
its secretariat shall be ensured by the Chancery of the
President.
[7 April 2004; 9 November 2006; 18 June 2009]
Section 20. Competence of the
National Security Advisory Board
(1) The National Security Advisory Board shall:
1) coordinate a joint State policy in the field of national
security, implemented by the higher State institutions and
officials, and examine the course of improvement and problems of
such;
2) examine plans and concepts related to national security, as
laid down in law.
(2) The National Security Advisory Board shall submit
proposals to the Saeima regarding appointment to and
release from office of the Director of the Constitution
Protection Bureau.
(3) A decision of the National Security Advisory Board, except
in the cases referred to in Paragraph two of this Section, shall
have a recommending character and shall not release the
responsible officials from responsibility for the decisions they
have taken.
(4) The National Security Advisory Board has the right to
request from State security institutions all the existing
information at their disposal which concerns national security
interests.
[7 April 2004; 1 December 2005; 18 June 2009]
Section 21. Convening of Meetings of
the National Security Advisory Board
Meetings of the National Security Advisory Board shall be
convened by the President.
Chapter IV
Overcoming Threat to National Security and Crisis Management
[29 May 2025]
Section 22. Threat to National
Security
(1) Depending on the type of the threat to national security,
the intensity and nature thereof, and also on the size of the
threatened territory, a corresponding terrorism threat level
shall be determined, and also an enhanced mode of operation of
the border guarding system, an emergency situation, or a state of
exception may be declared in accordance with the procedures laid
down in law.
(2) [17 April 2008]
(3) [7 March 2013]
(4) [7 March 2013]
(5) Mobilisation may be announced in the case of an emergency
situation and a state of exception in order to carry out tasks
related to national security and State defence, and also to
liquidate emergency situations and the consequences thereof.
(6) A time of war sets in when an external enemy has performed
military aggression or has turned against the State independence,
its constitutional structure, or territorial integrity in some
other manner.
[21 April 2005; 2 November 2006; 17 April 2008; 7 March
2013; 25 February 2016; 27 March 2024]
Section 22.1 Terrorism
Threat Levels
(1) Depending on the possibility of terrorism threats and
negative effects of the potential consequences, the following
terrorism threat levels shall be declared:
1) low terrorism threat level (colour code - blue) if there is
a terrorism threat of general nature;
2) elevated terrorism threat level (colour code - yellow) if
there is an increased terrorism threat;
3) high terrorism threat level (colour code - orange) if a
terrorism threat to a specific object, national economy sector,
or a region of the State has been confirmed;
4) critically high terrorism threat level (colour code - red)
if the terrorist attack has occurred or if the terrorist attack
is imminent.
(2) The terrorism threat levels may be declared for:
1) all territory of the State;
2) threatened region of the State;
3) threatened national economy sector;
4) threatened object.
(3) The authorities involved in anti-terrorism activities
shall plan measures for the prevention and management of
terrorism threats in accordance with the terrorism threat
levels.
[2 November 2006]
Section 22.2 Critical
Infrastructure
(1) Critical infrastructure is objects, systems or parts
thereof and services located in the Republic of Latvia which are
of significance for ensuring the implementation of important
public functions, and also human health protection, security,
economic or social welfare and destruction of or interferences in
the operation of which would significantly affect the
implementation of the basic functions of the State and society,
except for the critical financial services referred to in Section
22.3 of this Law and the financial market
infrastructures related thereto, including payment and financial
instrument settlement systems within the meaning of the law On
Settlement Finality in Payment and Financial Instrument
Settlement Systems.
(2) Critical infrastructure shall be classified as
follows:
1) especially important critical infrastructure of State level
(Category A critical infrastructure) the destruction of or
reduction of operational capabilities of which significantly
threatens State administration and national security;
2) important critical infrastructure of State level (Category
B critical infrastructure) the destruction of or reduction of
operational capabilities of which hinders State administration
and threatens public and national security;
3) critical infrastructure of local governments and sectors
(Category C critical infrastructure) the destruction of or
reduction of operational capabilities of which hinders
administration of local government activities or sectors, and
also threatens public security;
4) critical infrastructure of sectors (Category D critical
infrastructure) the destruction of and the reduction of
operational capabilities of which or discontinuation of the
provision of critical services declared during a state of
exception or during the time of war significantly threatens
public and national security.
(21) An incident in critical infrastructure shall
constitute the destruction of or interferences in the operation
of critical infrastructure which affects or may affect the
performance of the fundamental functions of the State and
society.
(3) Separate critical infrastructure that provides identical
or similar services for the performance of essentially important
fundamental functions of the State and the society in six or more
European Union Member States or to six or more European Union
Member States may be determined as critical infrastructure of
particular significance at a European level.
(31) A person who supports countries or persons
that undermine or endanger the territorial integrity,
sovereignty, and independence or constitutional structure of
democratic countries, including by providing informative
(propaganda) support to them, may not be the owner, lawful
possessor, or beneficial owner of the critical
infrastructure.
(32) The Russian Federation or the Republic of
Belarus, their citizens, or legal persons registered in the
Russian Federation or the Republic of Belarus may not become the
owners, lawful possessors, or beneficial owners of Category A, B,
and C critical infrastructure or critical infrastructure of
particular significance at a European level, and also the
citizens of the Russian Federation or the Republic of Belarus
shall be prohibited from holding positions in the management
structures of Category A, B, and C critical infrastructure and
critical infrastructure of particular significance at a European
level. Citizens of the Russian Federation and the Republic of
Belarus may not be employed in or provide a service to Category
A, B, and C critical infrastructure or critical infrastructure of
particular significance at a European level if the work or
provision of service involves access to the information or
technological equipment essential to the functioning of critical
infrastructure. Citizens of the Russian Federation or the
Republic of Belarus may perform work in Category A, B, and C
critical infrastructure or critical infrastructure of particular
significance at a European level only as an exception with a
separate authorisation from a State security institution.
(33) A State security institution shall, within its
competence, upon request of the owner or lawful possessor of
critical infrastructure or critical infrastructure of particular
significance at a European level, or on its own initiative,
provide an opinion on the employees and selected candidates for
recruitment in the relevant job, and on the compliance of the
owners, members of the executive board, employees, and candidates
selected for the performance of work or provision of services of
a merchant that provides a significant service within critical
infrastructure or critical infrastructure of particular
significance at a European level or has access to the information
or technological equipment essential to the functioning of
critical infrastructure or critical infrastructure of particular
significance at a European level, with the work in or access to
the critical infrastructure or critical infrastructure of
particular significance at a European level. If a negative
opinion of the State security institution has been received, the
owner or lawful possessor of critical infrastructure, including
critical infrastructure of particular significance at a European
level, shall deny the person access to Category A, B, and C
critical infrastructure or critical infrastructure of particular
significance at a European level, and to the information or
technological equipment essential to the functioning thereof.
(4) The owner or lawful possessor of critical infrastructure,
including critical infrastructure of particular significance at a
European level, shall take appropriate and proportionate measures
in order to ensure resilience of the relevant critical
infrastructure, including immediately inform the competent State
security institution of incidents in critical infrastructure.
Within the meaning of this Law, resilience means the ability of
critical infrastructure to avoid incidents, defend against them,
respond to them, resist them, mitigate or absorb them, adapt to
them, and recover from them. In case of threat to national
security, the owner or legal possessor of critical
infrastructure, including critical infrastructure of particular
significance at a European level, shall ensure the implementation
of security measures and continuity of operation at least in the
minimum amount.
(41) A security guard of an internal security
service established by the owner or lawful possessor of Category
A, B, and C critical infrastructure, or a security guard of a
security merchant providing security services in the relevant
object of critical infrastructure, is entitled, on behalf of the
owner or lawful possessor of the critical infrastructure, to
interrupt the movement of a remotely controlled device in the
air, water or on land if it poses a threat to the security of the
object of critical infrastructure to be guarded.
(5) The owner or legal possessor of critical infrastructure,
including critical infrastructure of particular significance at a
European level, shall determine the status of restricted access
information for the documents governing internal security
measures.
(6) The Cabinet shall determine the procedures for surveying
critical infrastructure, including critical infrastructure of
particular significance at a European level, the planning and
implementation of security measures, continuity of operation, and
resilience, the notification of incidents, and also the
resilience measures.
(7) A permit of the Cabinet shall be required for transfer of
the critical infrastructure referred to in Paragraph two, Clause
1 or 2 or Paragraph three of this Section into possession or
ownership of another person.
[29 April 2010; 29 March 2017; 20 May 2021; 12 June
2025]
Section 22.3 Critical
Financial Services
(1) Critical financial services are cash and non-cash payments
which are provided in the Republic of Latvia by a credit
institution licensed in the Republic of Latvia or a credit
institution licensed (registered) in another European Union
Member State (hereinafter - the credit institution).
(2) In order to ensure the availability of critical financial
services in the case of a threat to national security, the credit
institution shall develop a plan for the continuity of operation
in which the obligations of such outsourcing service providers
shall be indicated which have been attracted by the credit
institution for ensuring critical financial services and shall
submit this plan to Latvijas Banka. The credit institution shall,
at least once a year, review and update the plan for the
continuity of operation and shall test it.
(3) Latvijas Banka shall determine:
1) the criteria for the determination of such credit
institutions which develop a plan for the continuity of operation
and ensure the availability of critical financial services in the
case of a threat to national security;
2) the (minimum) amount of critical financial services in the
event of a threat to national security;
3) the requirements for developing the plans for the
continuity of operation of credit institutions.
(4) Latvijas Banka shall:
1) in the event of a threat to national security, monitor and
control the development and implementation of the plans for the
continuity of operation of credit institutions;
2) evaluate the test results of the plans for the continuity
of operation of credit institutions.
(5) Latvijas Banka shall perform the tasks referred to in this
Section in compliance with the conditions of Council Regulation
(EU) No 1024/2013 of 15 October 2013 conferring specific tasks on
the European Central Bank concerning policies relating to the
prudential supervision of credit institutions.
[20 May 2021; 6 October 2022 / Amendments to
Paragraphs two, three, and five regarding the replacement of the
words "The Financial and Capital Market Commission" with the
words "Latvijas Banka" and to Paragraph four regarding the
replacement of the words "Upon consulting with Latvijas Banka,
the Financial and Capital Market Commission shall" with the words
"Latvijas Banka shall" shall come into force on 1 January
2023. See Paragraph 24 of Transitional Provisions]
Section 22.4 Protection
of Information on Immovable Property Object Important for the
National Security and State Defence
(1) In order to prevent a potential threat to national
security, access to information (geospatial information,
technical documentation and data, and also other information
describing the object) important for national security and State
defence may be restricted in the State information systems on the
following immovable property objects:
1) objects of critical infrastructure, including critical
infrastructure of particular significance at a European
level;
2) objects of the Ministry of Defence, the Ministry of the
Interior, the Ministry of Justice, and the objects subordinate
thereto.
(2) The Cabinet shall determine:
1) the procedures for determining data sets of information on
immovable property objects of importance to national security and
State defence the free access to which may create a potential
threat to national security;
2) the extent of restricting access to information on
immovable property objects of importance to national security and
State defence;
3) the authorities and persons which have the right to access
information on immovable property objects of importance to
national security and State defence;
4) the procedures for the circulation of information on
immovable property objects of importance to national security and
State defence.
[20 May 2021; 12 June 2025]
Section 22.5 Crisis and
Crisis Management
(1) Crisis is an unforeseen event or situation endangering the
State and the public when everyday capacities are not sufficient
for overcoming its devastating circumstances and a strategic,
adaptive, and timely reaction is required to preserve the safety
of the State, the public, the environment, or economic activity
or the health and life of people.
(2) Crisis management shall include measures for the planning,
introduction, implementation, and systemic development of crisis
management processes. Crisis management shall be implemented in
compliance with the crisis management framework elements and the
crisis management principles.
[29 May 2025]
Section 23. Responsibility of the
Cabinet
(1) The Cabinet shall be responsible for the crisis management
and the overcoming of the threat to national security and also
the liquidation of its consequences. Issues in relation to the
crisis management and the overcoming of the threat to national
security shall be examined at a crisis management meeting of the
Cabinet.
(2) The Cabinet shall:
1) take decisions in cases of a crisis and threat to the
State;
2) declare an enhanced mode of operation of the border
guarding system, an emergency situation, a state of exception,
and mobilisation in the cases specified in the law;
3) decide on the necessity for the support of the armed forces
of the North Atlantic Treaty Organisation and of Member States of
the European Union during an emergency situation or state of
exception, and also for the strengthening of State security and
defence capabilities during peacetime;
4) take the decision on the position of the Republic of Latvia
if another Member State of the North Atlantic Treaty Organisation
is requesting to examine an issue regarding collective defence
support of the North Atlantic Treaty Organisation (within the
scope of Article 5 of the North Atlantic Treaty of 4 April
1949);
5) decide on a suggestion of a ministry, another State
authority, or local government to take over crisis management if
it is unable to ensure crisis management due to objective
circumstances (restricted authorisation, crisis concerns several
sectors);
6) examine or approve the concepts and plans related to
national security, as laid down in the law;
7) decide on the issues which are related to the planning,
implementation, and coordination of a comprehensive national
defence and resilience;
8) decide on the requesting or provision of international
assistance.
(3) In case of a crisis, the Cabinet has the right, at a
crisis management meeting, to take emergency decisions on the
attraction of the necessary resources in order to prevent a
significant threat to the safety of the State, the public, the
environment, or economic activity or to the health and life of
people.
(4) In the case of a crisis and a threat to national security,
the measures for the crisis management and for overcoming the
threat shall be conducted by the ministry responsible for the
relevant sector.
(5) In the case of a crisis and a threat to national security,
the Cabinet is entitled to take the decision on the involvement
of the National Armed Forces in the maintenance of public order,
liquidation of the consequences caused by the threat, and crisis
management measures.
(6) For overcoming a concealed military threat during peace,
if military means are used, the Cabinet may assign the Ministry
of Defence to lead the measures for overcoming the threat in a
restricted territory in accordance with the State Defence Plan.
If the Cabinet is hindered in fulfilment of its functions, the
Prime Minister shall decide thereon. If the Prime Minister is
hindered in fulfilment of his or her office, the Minister for
Defence shall decide thereon.
(7) In order to commence the fulfilment of tasks of the State
Defence Plan and the State Defence Operational Plan in the case
of an increased military threat, the Cabinet is entitled to take
the decision on the mobilisation of guardsmen and reserve
soldiers for not more than 72 hours, informing the Saeima
thereof without delay. The Cabinet is entitled to take the
decision on the partial mobilisation of guardsmen, subjecting
other guardsmen to increased readiness regime.
[29 May 2025]
Section 23.1 Obligations
of the Crisis Management Centre
(1) The Crisis Management Centre has the following general
obligations:
1) to execute the decisions of the Prime Minister and the
Cabinet in the field of crisis management;
2) to coordinate the execution of the decisions of the Prime
Minister and the Cabinet in the field of crisis management;
3) on the basis of independent and professional criteria, to
advise the Prime Minister and the Cabinet in the field of crisis
management;
4) to coordinate the development of plans for the continuity
of operations and resilience of sectors, and also to coordinate
unified and timely execution of decisions in case of a crisis or
its threat;
5) to prepare proposals for the Cabinet for the declaration of
an emergency situation, a state of exception, and
mobilisation;
6) to assess the plans for the continuity of operations and
resilience of sectors prepared by ministries;
7) to manage and coordinate the management of a threat
affecting several sectors or the whole State and the crisis
management processes and also cooperation among ministries, other
State authorities, local governments, and natural and legal
persons;
8) to provide support to ministries, other State authorities,
local governments, and public organisations in the planning,
preparation, and implementation of crisis management measures,
and also support to the commander-in-chief in the management of
national defence during a war;
9) in cooperation with the competent authorities, to
systematically perform risk and threat monitoring;
10) in cooperation with the competent authorities, to survey
the resources and to coordinate their involvement in overcoming a
crisis;
11) to establish and coordinate the operation of crisis
management special tasks, profile, and advisory groups;
12) to implement an aggregate of measures for the
identification, evaluation, and analysis of possible risks and
threats, and also to develop and maintain the evaluation of
national risks (the National Risk Catalogue);
13) to organise and, in cooperation with the competent
authorities, to implement training of the Cabinet members in the
field of national security, including crisis management, not
later than 30 days after approval of the relevant official in the
Saeima;
14) to coordinate the preparation and implementation of crisis
management training of national level;
15) after a crisis and also crisis management training of
national level, to coordinate and control the preparation and
implementation of a comprehensive assessment, conclusions, and
proposals for continuous improvement of crisis management;
16) to cooperate with crisis management centres of other
countries and with international organisations, including the
bodies of the North Atlantic Treaty Organization and the European
Union, in crisis management and resilience issues.
(2) When taking over crisis management, the Crisis Management
Centre has the following obligations:
1) to inform the Prime Minister of the need to convene a
crisis management meeting of the Cabinet and to decide on the
suggestion of a ministry, another State authority, or local
government to take over crisis management if it is unable to
ensure crisis management due to objective circumstances
(restricted authorisation, crisis concerns several sectors);
2) to take over crisis management according to the decision by
the Cabinet;
3) to inform the Prime Minister and the Cabinet without delay
if it is necessary to attract additional resources;
4) according to the decision by the Cabinet, to involve the
resources at the disposal of a ministry, another State authority,
local government and also legal and natural person in overcoming
a crisis;
5) to manage and coordinate crisis communication.
(3) The Crisis Management Centre has the right:
1) to request and receive information from ministries, other
State authorities, local governments and also legal and natural
persons at the disposal thereof which is necessary for ensuring
crisis management;
2) to propose that the Prime Minister convenes a crisis
management meeting of the Cabinet and to include crisis
management issues on its agenda;
3) after taking over crisis management, to give binding tasks
to ministries, other State authorities, and local governments,
and also to control the execution thereof.
(4) The Cabinet shall determine the procedures by which:
1) the Crisis Management Centre shall, in the event of a
crisis, involve the resources at the disposal of a legal or
natural person for overcoming it;
2) such expenditures and losses shall be compensated for a
legal or natural person which have arisen when, in the event of a
crisis, the resources at the disposal of the person have been
involved in overcoming the crisis, and also the procedures for
the calculation of the compensation.
[29 May 2025]
Section 23.2 Obligations
of Ministries and Other State Authorities
(1) Ministries:
1) shall establish a crisis management unit or appoint crisis
management employees for the planning, preparation, and
implementation of crisis management measures;
2) on the basis of the risks and threats included in the
National Risk Catalogue, shall develop a plan for the continuity
of operations and resilience of the sector and submit it for
examination at a crisis management meeting of the Cabinet before
it is approved by the relevant member of the Cabinet;
3) shall cooperate and provide the support to the Crisis
Management Centre necessary for the planning, preparation, and
implementation of crisis management measures;
4) shall inform the Crisis Management Centre of an emergency
event or crisis situation which endangers the State and the
public;
5) are entitled to request the support of the Crisis
Management Centre for the planning, preparation, and
implementation of crisis management measures;
6) shall submit a justified suggestion to the Crisis
Management Centre for the Cabinet to take over crisis management
if it is unable to ensure crisis management due to objective
circumstances (restricted authorisation, crisis concerns several
sectors).
(2) Other State authorities shall fulfil the obligations
specified in Paragraph one, Clauses 3, 4, and 6 of this Section,
and they shall have the rights specified in Paragraph one, Clause
5 of this Section.
[29 May 2025]
Section 23.3 Obligations
of Local Governments
(1) Local governments shall:
1) take the measures specified in the decision by the Cabinet
on the enhanced mode of operation of the border guarding system,
the decision on the emergency situation, and the decision on the
state of exception;
2) establish a crisis management unit or appoint crisis
management employees for the planning, preparation, and
implementation of crisis management measures;
3) fulfil the obligations specified in Section
23.2, Paragraph one, Clauses 3, 4, and 6 of this
Law.
(2) Local governments are entitled to request the support of
the Crisis Management Centre for the planning, preparation, and
implementation of crisis management measures.
[29 May 2025]
Section 23.4 Obligations
of Public Organisations
Public organisations shall cooperate with the Crisis
Management Centre and provide it with the support necessary for
the planning, preparation, and implementation of crisis
management measures.
[29 May 2025]
Section 23.5
Comprehensive State Defence
In order to provide comprehensive State defence in case of
war, military aggression or occupation until the moment the
authorities implementing legitimate State authority and
administration are fully restored, the National Armed Forces,
State administration and local government authorities and also
natural and legal persons shall implement measures for military
and civil protection of the State and conduct armed resistance,
civil disobedience and non-cooperation with illegal
administration authorities.
[4 October 2018]
Section 23.6 Prevention
of Situations Posing a Threat to the State Caused by Military
Actions
(1) A situation posing a threat to the State caused by
military actions is an illegal foreign military action
implemented against the Republic of Latvia, including:
1) illegal entry into or presence in the territory of the
Republic of Latvia of a military aviation aircraft, military
unmanned aircraft or other aircraft, warship, military submarine
or other military underwater transportation, military vehicle or
other, including remotely piloted, unmanned military mechanical
device;
2) intelligence or illegal access to information systems,
electronic communications networks, interruption of their
operation or electromagnetic interference in the operation of
objects important for the national security of the Republic of
Latvia, important commercial companies or objects in the
ownership, possession or holding of the State and in the
operation of military aviation aircraft and warships, and other
non-kinetic military actions;
3) illegal entry into or presence in the territory of the
Republic of Latvia of military formations or military formation
without insignia.
(2) A situation posing a threat to the State caused by
military actions is also the actions referred to in Paragraph one
of this Section which are illegally performed by a foreign
country against another Member State of the North Atlantic Treaty
Organisation or European Union by using the territory of the
Republic of Latvia.
(3) The National Armed Forces shall, in cooperation with the
competent law enforcement authorities and State security
institutions and according to the procedures specified in the
State Defence Plan and the State Defence Operational Plan,
immediately perform measures which they consider proportionate
and necessary in order to prevent a situation posing a threat to
the State caused by military actions, including the application
of armed force.
[20 May 2021]
Section 24. Powers of the President
in Case of War or Military Aggression
(1) In case of war declared to the State or military
aggression, the President shall immediately:
1) act in accordance with the regulations of the State Defence
Plan, issue orders and directions to the National Armed Forces,
State and local government authorities and the population of the
State;
2) convene the Saeima for the taking of a decision on
the declaration and commencement of war;
3) [25 February 2016].
(2) [25 February 2016]
[21 April 2005; 25 February 2016]
Section 25. Powers of Other
Authorities and Officials in Case of War or Military
Aggression
(1) If a state of exception has not been declared in the State
or its part, in case of unexpected military aggression:
1) the Commander of each unit of the National Armed Forces
shall undertake the military defence measures in accordance with
the State Defence Operational Plan, without awaiting a separate
decision on it;
2) the Commander of the National Armed Forces shall
immediately undertake organised military defence activities in
accordance with the State Defence Operational Plan and shall
inform thereof the Minister for Defence;
3) the Minister for Defence shall immediately undertake
organised military defence activities in accordance with the
State Defence Plan and shall inform thereof the President, the
Presidium of the Saeima, and the Prime Minister.
(2) Demonstration of armed resistance may not be prohibited
during a war, military aggression or occupation.
(3) If the authorities implementing legitimate State authority
and administration have been liquidated in an antidemocratic way
or as a result of military aggression of another country, the
following shall be done in the interests of maintaining or
restoring the independence:
1) the National Armed Forces, and also other State authorities
shall act in accordance with special procedures, appropriate to
the situation, laid down in the National Security Plan and the
State Defence Plan;
2) the Ambassador Plenipotentiary of Latvia to the United
Nations shall have the powers to represent the legitimate State
authority of Latvia. The State Defence Plan may prescribe
procedures for transferring the powers to represent the
legitimate State authority;
3) State authorities and officials of Latvia situated in
foreign states shall immediately take measures for the
restoration of State independence, making use of the help of
international organisations;
4) [4 October 2018].
(4) The National Armed Forces may involve citizens for the
provision of support to the preparation and implementation of the
measures included in National Security Plan and State Defence
Plan on voluntary basis and basis of mutual trust.
[5 June 2014; 25 February 2016; 4 October 2018]
Section 25.1 Obligations
and Rights of Citizens in Case of War or Military Aggression
(1) Upon the implementation of comprehensive State defence,
the citizens shall have the following obligations:
1) to perform the tasks given by the National Armed Forces and
the units of the armed forces of the North Atlantic Treaty
Organisation and European Union Member States providing
assistance in the performance of their tasks and ensuring
military protection of Latvia, and also other State
administration and local government authorities responsible for
overcoming threat to national security;
2) to not cooperate with illegal administration authorities
and armed units of the aggressor, except when such refusal to
cooperate endangers the life or freedom of the person or his or
her family members.
(2) Upon the implementation of comprehensive State defence,
the citizens shall have the following rights in accordance with
the national and international legal norms:
1) to implement civil disobedience by acting against illegal
administration authorities and armed units of the aggressor;
2) to demonstrate armed resistance;
3) to provide all types of support to the members of civil
disobedience and armed resistance, and also the National Armed
Forces and the units of the armed forces of the North Atlantic
Treaty Organisation and European Union Member States providing
assistance in the performance of their tasks and ensuring
military protection of Latvia.
[4 October 2018]
Chapter V
Preparation and Approval of Concepts and Plans for Prevention of
Threat to National Security
Section 26. Analysis of a Threat to
National Security
(1) The analysis of a threat to national security is a
comprehensive assessment as a result of which the existing and
potential specific threats or risk factors to the national
security are identified.
(2) The analysis of a threat to national security shall
be:
1) drawn up by the Constitution Protection Bureau in
cooperation with the State Security Service and the Defence
Intelligence and Security Service not less than once every four
years;
2) coordinated by the Council of State Security
Institutions;
3) examined by the Cabinet and the National Security Advisory
Board.
[7 April 2004; 18 June 2009; 15 May 2014; 27 March
2024]
Section 27. National Security
Concept
(1) The National Security Concept is a document prepared on
the basis of the analysis of a threat to national security which
determines the basic strategic principles and priorities for the
prevention of threat to national security.
(2) The National Security Concept shall be:
1) prepared by the Crisis Management Centre, agreeing upon it
with State security institutions;
2) examined by the Cabinet, receiving an opinion of the
National Security Advisory Board and the National Security
Committee of the Saeima;
3) approved by the Saeima not less than once during
each convening by 1 October of its first year of operation.
[15 May 2014; 29 May 2025]
Section 28. Analysis of Military Threat
(1) The Analysis of Military Threat is an assessment of the
possibility of military aggression against Latvia in which the
existing and potential threats and risk factors, and also their
possible expression and impact are specified.
(2) The Analysis of Military Threat shall be:
1) prepared by the Military Intelligence and Security Service
each year;
2) examined by the State Security Advisory Board and the
Cabinet.
[18 May 2017]
Section 29. State Defence
Concept
(1) The State Defence Concept is a document drawn up on the
basis of the Analysis of Military Threat which determines the
basic strategic principles, priorities and measures of the State
military defence during peacetime, threat to national security
and a time of war.
(2) The State Defence Concept shall be:
1) prepared by the Ministry of Defence;
2) examined by the Cabinet, receiving an opinion of the
National Security Advisory Board, the Defence, Internal Affairs
and Corruption Prevention Committee of the Saeima. and the
National Security Committee of the Saeima;
3) approved by the Saeima not less than once during
each convening by 1 October of its second year of operation.
[1 December 2005; 29 May 2025]
Section 30. National Security
Plan
(1) The National Security Plan shall be based on the strategy
and principles determined by the National Security Concept. It
shall include specific measures for neutralisation and prevention
of a threat to national security.
(2) The National Security Plan shall be:
1) drawn up by the Crisis Management Centre, agreeing upon it
with State security institutions;
2) approved by the Cabinet, receiving an opinion of the
National Security Advisory Board and the National Security
Committee of the Saeima, within a year after approval of
the National Security Concept.
(3) The Prime Minister shall make the National Security
Advisory Board and the National Security Committee of the
Saeima acquainted with the National Security Plan approved
by the Cabinet.
[15 May 2014; 29 May 2025]
Section 31. State Defence Plan
(1) The State Defence Plan shall be prepared on the basis of
the Analysis of Military Threat and the principles determined in
the State Defence Concept. It shall determine specific State
defence measures, priorities and necessary resources, and also
the necessary readiness and activities of the National Armed
Forces, authorities implementing State authority and
administration, local governments, and natural and legal persons
with regard to State defence.
(2) The State Defence Plan shall be:
1) developed by the Ministry of Defence;
2) approved by the Cabinet, receiving an opinion of the
National Security Advisory Board, the Defence, Internal Affairs
and Corruption Prevention Committee of the Saeima, and the
National Security Committee of the Saeima.
(3) The Minister for Defence shall make the Defence, Internal
Affairs and Corruption Prevention Committee of the Saeima
acquainted with the State Defence Plan.
(4) The Minister for Defence may, after coordination with the
Constitution Protection Bureau, involve in the development of the
State defence plan specialists from foreign states, international
organisations and the institutions thereof with which an
agreement has been entered into regarding the protection of
classified information.
[15 May 2003; 9 November 2006; 29 May 2025]
Section 32. National Armed Forces
Development Plan
[6 December 2001]
Section 33. State Defence
Operational Plan
(1) The State Defence Operational Plan shall include the
assessment of the operational situation, the assessment of
operational combat readiness of the National Armed Forces, and
the plan of action. It shall determine leadership of the
operational situation, tasks, obligations, procedures for their
performance, expected support, possible liaison and materials and
technical facilities.
(2) The State Defence Operational Plan shall be:
1) drawn up by the Commander of the National Armed Forces;
2) approved by the Minister for Defence.
(3) The implementation of the State Defence Operational Plan
shall be ensured by the Commander of the National Armed
Forces.
[25 February 2016]
Section 34. National Armed Forces
Mobilisation Plan
[6 December 2001]
Section 35. National Economy
Mobilisation Plan
(1) The National Economy Mobilisation Plan shall include the
preparation and use of State material reserves and objects of
national economy during a state of war or a state of
exception.
(2) The National Economy Mobilisation Plan shall be drawn up
by the Ministry of Economics and approved by the Cabinet.
[25 February 2016; 29 May 2025]
Section 36. State Civil Protection
Plan
(1) The State Civil Protection Plan shall include measures for
the implementation of the State civil protection system, and
preventive, readiness and response measures intended for
emergency situations, and measures for the liquidation of the
consequences of such situations, and shall determine the
operation of the civil protection system in case of military
aggression or a state of war.
(2) The State Civil Protection Plan shall be:
1) drawn up by the Ministry of the Interior;
2) approved by the Cabinet.
[29 May 2025]
Section 36.1 Critical
Infrastructure Resilience Strategy
(1) The Critical Infrastructure Resilience Strategy shall be
developed in order to define strategic objectives and policy
measures with the aim of achieving and maintaining a high level
of resilience of critical infrastructure.
(2) The Critical Infrastructure Resilience Strategy shall be,
at least once every four years:
1) developed by the Ministry of the Interior in cooperation
with other ministries and State security institutions;
2) approved by the Cabinet.
(3) The content of the Critical Infrastructure Resilience
Strategy shall be determined by the Cabinet.
[12 June 2025]
Section 36.2 National
Critical Infrastructure Risk Assessment
(1) The National Critical Infrastructure Risk Assessment shall
constitute a comprehensive assessment that determines the
possibility of losses or disruptions caused by an incident in
critical infrastructure, the type and scope of potential
incidents, and also the factors contributing thereto.
(2) The National Critical Infrastructure Risk Assessment shall
be, at least once every four years:
1) developed by the Ministry of the Interior in cooperation
with other ministries and State security institutions;
2) approved by the Cabinet.
(3) The content of the National Critical Infrastructure Risk
Assessment shall be determined by the Cabinet.
[12 June 2025]
Chapter VI
Prevention of Threat to Commercial Companies, Associations, and
Foundations of Significance to National Security
[23 March 2017 / The title of
the Chapter in the wording of the Law as of 20 October
2022]
Section 37. Commercial Companies,
Associations, and Foundations of Significance to National
Security
The restrictions specified in this Chapter shall apply to a
commercial company, an association, and a foundation registered
in the Republic of Latvia if Category A, B, or C critical
infrastructure is in its ownership or possession or which
conforms to at least one of the following conditions:
1) is an electronic communications merchant with a significant
market power which has been imposed liabilities for tariff
regulation and cost accounting in accordance with the procedures
provided for in the Electronic Communications Law;
2) is an audible electronic mass medium the coverage zone of
the programme of which, using technical means for terrestrial
broadcasting, according to the broadcasting permit issued by the
National Electronic Mass Media Council is Latvia or at least 60
per cent of its territory, or is an audio-visual electronic mass
medium the coverage zone of the programme of which, using
technical means for terrestrial broadcasting, according to the
broadcasting permit issued by the National Electronic Mass Media
Council is Latvia or at least 95 per cent of its territory;
3) has received a licence in the Republic of Latvia for the
transmission, distribution, storage of natural gas or has, in its
ownership, a liquefied natural gas facility connected to a
transmission system or a distribution system;
4) is an electricity or thermal energy producer the installed
actual capacity of which exceeds 50 megawatts;
5) is a thermal energy transmission and distribution operator
which has heat supply networks in its ownership in length of at
least 100 kilometres;
6) has received a licence for electricity transmission in the
Republic of Latvia;
7) is the owner of a forest land in the Republic of Latvia in
the area of at least 10 000 hectares;
8) is the owner of an agricultural land in the Republic of
Latvia in the area of at least 4000 hectares;
9) has received the special permit (licence) for commercial
activities with goods of strategic significance or a military
manufacturer certificate issued by the Ministry of Defence, and
it has a valid strategic partnership contract with the Ministry
of Defence;
10) has been, within the last two years, a manufacturer or
developer of the items referred to in Annex I to Regulation (EU)
2021/821 of the European Parliament and of the Council of 20 May
2021 setting up a Union regime for the control of exports,
brokering, technical assistance, transit and transfer of dual-use
items that exports such dual-use items to foreign countries,
excluding the European Union Member States, the United States of
America, Canada, Australia, New Zealand, Norway, Switzerland,
Japan, the United Kingdom, Iceland, and Liechtenstein;
11) has access to the personal data of voters and also to the
personal data of candidates for the election which are not to be
published in accordance with the law;
12) processes data sets included in national critical
infrastructure systems, except for cases where it is carried out
by financial market participants;
13) is a commercial company which manufactures or develops the
items referred to in Annex I to Regulation (EU) 2021/821 of the
European Parliament and of the Council of 20 May 2021 setting up
a Union regime for the control of exports, brokering, technical
assistance, transit and transfer of dual-use items or
manufactures or develops technologies, for example, in the fields
of artificial intelligence, robotics, intelligent and autonomous
mobility, cybersecurity, energy storage, quantum technology,
nuclear technology, nanotechnology, biotechnology and which has
been determined by the Cabinet as a commercial company of
significance to national security on the basis of the opinion of
a State security institution.
[23 March 2017; 20 May 2021; 20 October 2022; 12 June
2025]
Section 38. Influence Assessment and
Restriction Mechanisms
(1) In order to preclude an influence endangering or
potentially endangering national security in a commercial
company, an association, or a foundation of significance to
national security, the Cabinet shall determine the obligations
referred to in this Chapter for commercial companies,
associations, or foundations of significance to national security
and decide on the permit for the following activities:
1) in relation to capital companies:
a) obtaining of qualifying holding;
b) obtaining of decisive influence;
c) transfer of an undertaking;
d) preservation of the status of a stockholder or shareholder
or preservation of the right to exercise indirect holding if the
beneficial owner changes or, if it is not possible to determine
the beneficial owner and all possible means of determination have
been exhausted and also doubts on the legal person having another
beneficial owner have been ruled out, the last legal person in
the control chain that can be identified to have an influence in
the capital company of significance to national security
(hereinafter - the indirect influence beneficiary);
e) receipt of a loan;
2) in relation to partnerships and associations:
a) joining of a new member;
b) preservation of the status of a member if the beneficial
owner changes or, if it is not possible to determine the
beneficial owner and all possible means of determination have
been exhausted and also doubts on the legal arrangement having
another beneficial owner have been ruled out, the last legal
person in the control chain that can be identified to have an
influence in the partnership or association of significance to
national security (hereinafter - the indirect influence
beneficiary);
c) receipt of a loan;
3) in relation to foundations - receipt of a loan.
(2) The Russian Federation or the Republic of Belarus, its
citizens or legal persons registered in the Russian Federation or
the Republic of Belarus (hereinafter - the persons belonging to
Russia or Belarus) may not obtain a qualifying holding or
decisive influence in a capital company of significance to
national security or to become a member of a partnership of
significance to national security, and also be the beneficial
owner of a commercial company of significance to national
security.
(3) The concept "qualifying holding" used in this Law conforms
to the concept of qualifying holding within the meaning of the
Financial Instrument Market Law if a smaller proportion of
holding or other additional conditions have not been specified in
another law. The concept "decisive influence" conforms to the
concept of decisive influence within the meaning of the Group of
Companies Law. The concept "beneficial owner" conforms to the
concept of the beneficial owner within the meaning of the Law on
the Prevention of Money Laundering and Terrorism and
Proliferation Financing in accordance with the amount of holding
laid down in this Law.
(4) In determining the beneficial owner or the indirect
influence beneficiary, the laws and regulations issued on the
basis of Section 4.2 of the Financial Instrument
Market Law shall also be applied.
[20 October 2022]
Section 39. Legal Consequences of
Obtaining the Status of a Commercial Company, Association, or
Foundation of Significance to National Security
(1) A commercial company, an association, or a foundation
shall, within five working days from the day when it conforms to
any of the conditions referred to in Section 37 of this Law:
1) submit a notification to the Enterprise Register of the
Republic of Latvia (hereinafter - the Enterprise Register) on its
conformity with the conditions for a commercial company, an
association, or a foundation of significance to national
security;
2) make an entry in the register of stockholders or
shareholders regarding the status of the capital company;
3) inform the shareholders or stockholders of the relevant
capital company and persons who exercise indirect holding, or
members of the partnership and the association of the conformity
with the conditions for a commercial company or association of
significance to national security;
4) inform the authority determined by the Cabinet:
a) a capital company - of its founders, shareholders,
stockholders, and beneficial owners or, if it is not possible to
determine the beneficial owner and all possible means of
determination have been exhausted and also doubts on the legal
person having another beneficial owner have been ruled out - of
the indirect influence beneficiaries;
b) a partnership and an association - of its founders and
members, and also beneficial owners or, if it is not possible to
determine the beneficial owner and all possible means of
determination have been exhausted and also doubts on the legal
arrangement having another beneficial owner have been ruled out -
of the indirect influence beneficiaries;
c) a foundation - of the beneficial owners and the loans
received.
(2) The Enterprise Register shall publish the information on
conformity of the commercial company, association, or foundation
with the conditions for a commercial company, association, or
foundation of significance to national security on the website of
the Enterprise Register. If the commercial company, association,
or foundation has not fulfilled the requirements referred to in
Paragraph one, Clause 1 of this Section, the authority specified
in Paragraph nine of this Section shall send information on
conformity of the commercial company, association, or foundation
with the conditions for a commercial company, association, or
foundation of significance to national security to the Enterprise
Register for registration and publication.
(3) If beneficial owners are:
1) a financial institution supervised by the competent
financial market supervisory authority of the relevant country,
an investment fund, an alternative investment fund, and investors
in foundations equivalent thereto - information on beneficial
owners may contain only information on the relevant financial
institution and its operational policy;
2) an association or foundation - information on the
beneficial owner shall contain information on the relevant
association or foundation and its purpose of operation;
3) stockholders of such joint stock company the stocks of
which are admitted to trading on a regulated market - information
shall be provided only regarding such stockholders which exceed
10 per cent of the total number of voting stocks of the relevant
joint stock company.
(4) If the persons belonging to Russia or Belarus have a
qualifying holding or decisive influence in the capital company
referred to in Paragraph one of this Section or these persons are
the beneficial owners, the following shareholders or stockholders
are not entitled to exercise their right to vote from the day on
which the capital company obtains the status of a commercial
company of significance to national security:
1) the persons belonging to Russia or Belarus;
2) the persons who have transferred the exercise of their
rights as shareholders or stockholders, in whole or in part, to
the persons belonging to Russia or Belarus;
3) the persons with whose intermediation the persons belonging
to Russia or Belarus have become the beneficial owners.
(5) If a member of a partnership referred to in Paragraph one
of this Section or the beneficial owner of such member is a
person belonging to Russia or Belarus, such member is not
entitled to represent the partnership and to keep its records
from the day when the partnership obtains the status of a
commercial company of significance to national security.
(6) If a person belonging to Russia or Belarus, with the
intermediation of a capital company registered in the Republic of
Latvia, as its shareholder or stockholder, has obtained a
qualifying holding or decisive influence in the capital company
referred to in Paragraph one of this Section, then this person is
not entitled, from the day on which the capital company in which
it indirectly has a qualifying holding or decisive influence
obtains the status of a commercial company of significance to
national security, to exercise the right to vote in the capital
company with the intermediation of which the participation in the
commercial company of significance to national security is
exercised.
(7) The restrictions specified in Paragraphs four, five, and
six of this Section shall be applied until the day when the
conditions referred to in Section 38, Paragraph two of this Law
are fulfilled.
(8) In determining the representation norm in capital
companies, stocks and capital shares in respect of which the
restrictions specified in Paragraphs four and six of this Section
apply shall not be taken into account.
(9) The Cabinet shall determine the authority to which the
information referred to in Paragraph one, Clause 4 of this
Section shall be submitted, the scope of the information to be
submitted, and the procedures for the submission thereof.
(10) If the commercial company, association, or foundation has
not submitted information in accordance with laws and
regulations, the authority referred to in Paragraph nine of this
Section has the right to take the decision by which it imposes
the obligation on the commercial company, association, or
foundation to submit the information indicated in the decision
within one month after entering into effect of the decision.
(11) The decision referred to in Paragraph ten of this Section
may be contested and appealed in accordance with the procedures
laid down in the Administrative Procedure Law. Contesting or
appealing of the decision shall not suspend the operation
thereof.
[20 October 2022; 6 October 2022 / Amendment to
Clause 1 of Paragraph three regarding the deletion of the words
"and capital" shall come into force on 1 January 2023. See
Paragraph 24 of Transitional Provisions]
Section 40. Receipt of a Permit for
Obtaining Qualifying Holding or Decisive Influence
(1) A permit of the Cabinet shall be necessary before a person
or several persons acting in concert obtain a qualifying holding
or decisive influence in a capital company of significance to
national security or become a member of a partnership or
association of significance to national security, or also obtain
influence in a capital company registered in the Republic of
Latvia which is a member of a partnership or association of
significance to national security.
(2) If a direct prohibition is imposed in another law on
specific legal subjects in relation to obtaining holding of a
specific type in any of the commercial companies or associations
of significance to national security, such prohibition shall be
applicable regardless of a permit of the Cabinet.
(3) An application for the receipt of a permit shall be
submitted by a person who wishes to obtain a qualifying holding
or decisive influence in a capital company of significance to
national security or to become a member of a partnership or
association of significance to national security.
(4) Upon issuing the permit, the Cabinet is entitled to
determine restrictions on exercising qualifying holding or
decisive influence, or holding in order to prevent risks to
national security.
[20 October 2022]
Section 41. Change of a Beneficial
Owner or Indirect Influence Beneficiary
(1) A shareholder, stockholder in a capital company of
significance to national security, a person who exercises
indirect holding, a member of a partnership or association must
receive a permit to retain holding or to remain a member in a
partnership or association if its beneficial owner or indirect
influence beneficiary changes.
(2) An application for the receipt of a permit shall be
submitted by the relevant shareholder, stockholder in a capital
company of significance to national security, or a person who
exercises indirect holding, or member of a partnership or
association within five working days from the day when change of
the beneficial owner or indirect influence beneficiary
occurred.
(3) The Cabinet is entitled to take the decision by which the
obligation is imposed on the person referred to in Paragraph two
of this Section to alienate shares or stocks of the equity
capital accordingly within a specific period of time or to
terminate indirect holding, or to leave the partnership or
association.
(4) If the person has not carried out the activities which are
specified in the decision referred to in Paragraph three of this
Section, on the following day after the expiry of the specified
period of time, the person is not entitled to:
1) exercise the right to vote and also receive information
from the executive board on the operation of the company and
familiarise oneself with all documents of the company in the
relevant capital company;
2) exercise the right to vote and also receive information and
documents from the executive board relating to the operation of
the association;
3) represent the partnership and manage its
record-keeping.
(5) If a person belonging to Russia or Belarus becomes the
beneficial owner of a capital company of significance to national
security, the stockholder or shareholder of that company with
whose intermediation the person belonging to Russia or Belarus
has become the beneficial owner is not entitled to exercise the
right to vote in the capital company. In determining the
representation norm in a capital company of significance to
national security, the respective stocks or capital shares are
not taken into account.
[20 October 2022]
Section 42. Transfer of an
Undertaking
(1) A permit of the Cabinet shall be required for each
transfer of an undertaking as a result of which a person obtains
such undertaking in its ownership from a capital company of
significance to national security which has assets that are used
for carrying out the activity referred to in Section 37 of this
Law.
(2) A commercial company of significance to national security
shall submit an application for the receipt of a permit in
accordance with the procedures stipulated by the Cabinet.
[23 March 2017]
Section 42.1 Loan
(1) A commercial company, an association, or a foundation of
significance to national security shall require the permit of the
Cabinet for the receipt of a loan if the total amount of it
exceeds 10 per cent of the assets and it is received from a
natural person who is a national of a foreign country, except for
a European Union Member State, a member country of the European
Free Trade Association, the North Atlantic Treaty Organisation,
or the Organisation for Economic Cooperation and Development, or
from a legal person whose beneficial owner is a national of a
foreign country, except for a European Union Member State, a
member country of the European Free Trade Association, the North
Atlantic Treaty Organisation, or the Organisation for Economic
Cooperation and Development.
(2) In order to fulfil the requirements referred to in
Paragraph one of this Section, a commercial company, an
association, or a foundation of significance to national security
shall, before concluding a loan agreement, obtain information on
the beneficial owner from the legal person providing the
loan.
(3) In order to obtain a permit for the receipt of a loan, a
commercial company, an association, or a foundation of
significance to national security shall submit an application in
accordance with the procedures determined by the Cabinet.
(4) When issuing the permit, the Cabinet is entitled to
determine restrictions on receiving the loan in order to prevent
risks to national security.
[20 October 2022]
Section 43. Exceptions for
Restrictions on Obtaining Influence
A permit of the Cabinet shall not be required if:
1) the same capital company obtains shares or stocks of the
equity capital in the cases specified in the law;
2) shares or stocks of a State capital company and State
capital are managed in accordance with the Law on Governance of
Capital Shares of a Public Person and Capital Companies;
3) an undertaking, shares or stocks of the equity capital are
transferred into the ownership of a public person, capital
company of a public person, or a public private capital
company;
4) in accordance with the procedures laid down in the Criminal
Procedure Law the person directing the proceedings decides on
returning the shares or stocks of the equity capital to the
lawful owner;
5) in accordance with the procedures laid down in the Criminal
Procedure Law the court decides on confiscating the shares or
stocks of the equity capital;
6) the loan is received by a capital company of a public
entity or a public private capital company.
[23 March 2017; 20 October 2022]
Section 44. Procedures for Taking
and Appealing a Decision of the Cabinet
(1) In the cases referred to in Section 22.2,
Paragraph seven, Section 40, Paragraph one, Section 41, Paragraph
three, Section 42, Paragraph one, and Section 42.1 of
this Law, the decision of the Cabinet shall be taken within one
month from the day of receiving an application. This time period
may be extended up to four months.
(2) Upon taking a decision in the cases referred to in this
Chapter, the Cabinet shall evaluate the restriction on the rights
of the person, its commensurability with the national security
interests, and the opinion of a State security institution, and
also the conformity with the principle of protection of
legitimate expectations.
(3) The decision referred to in Section 22.2,
Paragraph seven, Section 40, Paragraph one, Section 41, Paragraph
three, and Section 42, Paragraph one of this Law shall be
notified to the addressee, and a notification on the decision
taken shall be sent to the relevant commercial company,
association, or foundation of significance to national security
if it is not the addressee of the decision.
(4) The decision of the Cabinet may be appealed to the
Administrative District Court. The appeal of the decision shall
not suspend the operation thereof.
(5) The court shall examine the case as the court of first
instance. The case is examined in the composition of three
judges. A judgement of the Administrative District Court may be
appealed by submitting a cassation complaint.
(6) If the court needs to examine information containing an
official secret for objective clarification of circumstances of
the case, only the court shall become acquainted with such
information and evaluate it. The court shall indicate in the
ruling that such information has been evaluated.
(7) If the Cabinet has not taken a decision within the time
period specified in this Section, it shall be deemed that a
permit has been granted after expiry of the time period.
(8) The Cabinet shall determine the authority to which the
application for the receipt of the permits referred to in Section
22.2, Paragraph seven, Section 40, Paragraph one,
Section 41, Paragraph one, and Section 42, Paragraph one of this
Law should be submitted, the amount of the information to be
submitted, the procedures for submitting and evaluating it, and
also for taking the decision to issue a permit or to refuse to
issue a permit and for taking and notifying the decision to
specify the obligations referred to in Section 41, Paragraph
three of this Law, and the information to be included in the
notification regarding the decision taken.
(9) The Cabinet shall determine the authority which implements
the cooperation mechanism between the European Commission and the
Member States specified in Regulation (EU) 2019/452 of the
European Parliament and of the Council of 19 March 2019
establishing a framework for the screening of foreign direct
investments into the Union, and also the procedures for
processing, screening, fulfilment and transmitting of the
received information and information request.
[23 March 2017; 23 November 2020; 20 October 2022]
Section 45. Legal Consequences of
Non-conformity with the Restriction
(1) If a person or several persons acting in concert obtain a
qualifying holding or decisive influence in a commercial company
of significance to national security or become a member of such
commercial company without receiving the permit referred to in
Section 40 or Section 42.1, Paragraph one of this Law
or without complying with the restrictions specified in Section
38, Paragraph 1.1 of this Law, the transaction or
action which served as the grounds for obtaining the
abovementioned rights shall not be valid in Latvia from the
moment of concluding the respective transaction or carrying out
the respective action. Regardless of the place of concluding the
transaction or the action, a commercial company of significance
to national security is not entitled to make changes in the
register of stockholders or shareholders if the permit specified
in Section 40 or Section 42.1, Paragraph one of this
Law has not been received.
(2) If as a result of the transfer of an undertaking or in the
case referred to in Section 42.1, Paragraph one of
this Law another person obtains, without receiving the permit
referred to in Section 42 of this Law, such undertaking into its
ownership from the capital company of significance to national
security which holds assets that are used for carrying out the
activity referred to in Section 37 of this Law, the transfer
shall not be valid.
(21) If a commercial company, an association, or a
foundation of significance to national security has not received
the permit of the Cabinet for the receipt of a loan, the total
amount of which exceeds 10 per cent of the assets and which is
received from a natural person who is a national of a foreign
country, except for a European Union Member State, a member
country of the European Free Trade Association, the North
Atlantic Treaty Organisation, or the Organisation for Economic
Cooperation and Development, or from a legal person whose
beneficial owner is a national of a foreign country, except for a
European Union Member State, a member country of the European
Free Trade Association, the North Atlantic Treaty Organisation,
or the Organisation for Economic Cooperation and Development, the
transaction which served as the grounds for providing and
receiving the abovementioned loan shall not be valid in the
Republic of Latvia from the moment of concluding thereof.
(3) Decisions of a meeting of shareholders or stockholders of
a commercial company of significance to national security shall
not be valid if they have been voted by shareholders or
stockholders for holding or change of the beneficial owner or the
indirect influence beneficiary of which the Cabinet has not given
a permit, or they have been taken in violation of the prohibition
of the right to vote specified in this Chapter. Also any action
of a member which has been carried out thereby on behalf of the
commercial company of significance to national security, thus
violating the restrictions on representation and record-keeping
specified in this Law, shall not be valid.
(4) In the cases specified in Paragraph one of this Section,
the Cabinet shall take a decision by which the following
obligation is imposed:
1) on shareholders or stockholders of capital companies to
alienate shares or stocks of the equity capital or to terminate
indirect holding, and prohibits to exercise the right to vote in
the relevant capital company until fulfilment of such
obligation;
2) on members of partnerships to leave the company, and
prohibits to represent the company and to manage its
record-keeping until fulfilment of the abovementioned
obligation.
(5) In the case specified in Paragraph 2.1 of this
Section, the Cabinet shall take the decision by which the
obligation is imposed on a commercial company, an association, or
a foundation of significance to national security to terminate
the agreement which served as the grounds for providing and
receiving the loan.
[23 March 2017; 8 December 2021; 16 June 2022; 20 October
2022]
Chapter VII
Administrative Offences in the Field of Incidents in Critical
Infrastructure and Competence within the Administrative Offence
Proceedings
[12 June 2025]
Section 46. Failure to Notify,
Improper or False Notification of an Incident in Critical
Infrastructure
For failure to notify, improper, or false notification of an
incident in critical infrastructure, a warning or a fine shall be
imposed on the owner or lawful possessor of critical
infrastructure - up to four hundred units of fine on a natural
person and up to four thousand units of fine on a legal
person.
[12 June 2025]
Section 47. Competence within the
Administrative Offence Proceedings
Administrative offence proceedings for the offence referred to
in Section 46 of this Law shall be conducted by the Military
Police of the National Armed Forces if the object of critical
infrastructure is in the possession of the National Armed Forces,
and in all other cases - by the State Police.
[12 June 2025]
Transitional Provisions
1. With the coming into force of this Law, the law On State
Defence (Latvijas Republikas Saeimas un Ministru Kabineta
Ziņotājs, 1995, No. 2, 21; 1996, No. 6; 1997, No. 6; 1999,
No. 24) is repealed.
2. Until the adoption of the relevant Cabinet Regulation, but
not later than by 1 July 2002, the following Cabinet regulations
shall be in effect which have been issued in accordance with the
law On National Defence:
1) Regulation No. 37 of 21 January 1997, By-laws on Service
Career Path of Military Persons;
2) Regulation No. 91 of 11 March 1997, Rules of Procedure on
Military Discipline of Soldiers.
[6 December 2001]
3. Section 7, Paragraph one of this Law shall come into force
concurrently with the convening of 8th
Saeima.
4. Section 7, Paragraph two, and Section 20, Paragraphs one
and three of this Law shall come into force concurrently with
relevant amendments to the Law on State Security Institutions and
the Law on the Constitution Protection Bureau.
5. Section 19, Paragraph three of this Law shall come into
force on 1 January 2002.
6. The National Security Concept, prepared in accordance with
Section 27 of this Law, and the State Defence Concept, prepared
in accordance with Section 29, shall be approved during the term
of office of the 7th Saeima by 1 October
2001.
7. The Cabinet shall approve the State Civil Defence Plan
referred to in Section 36 of this Law by 1 January 2003.
[16 May 2002]
8. The Cabinet shall approve the National Economy Mobilisation
Plan referred to in Section 35 of this Law by 31 December
2010.
[15 May 2003; 2 December 2004; 29 March 2007]
9. The remuneration (work remuneration, etc.) in 2009
specified in accordance with this Law shall be determined in
accordance with the law On Remuneration of Officials and
Employees of State and Local Government Institutions in 2009.
[12 December 2008]
10. Work in the Information Analysis Service shall be
considered as equivalent to work in State security
institutions.
[18 June 2009]
11. Such officials of the Information Analysis Service who at
the time of liquidation of the Service, in conformity with that
laid down in Paragraph 10 of the Transitional Provisions, conform
to the criteria brought forward for such persons who have the
right to service pension in accordance with the Law on Service
Pensions of Officials of the Constitution Protection Bureau are
granted a service pension. Service pensions are granted to,
calculated for and disbursed to officials of the Information
Analysis Service in accordance with the procedures laid down in
the Law on Service Pensions of Officials of the Constitution
Protection Bureau.
[18 June 2009]
12. Until the day of coming into force of new Cabinet
regulations, but not later than until 1 June 2010, Cabinet
Regulation No. 428 of 10 June 2008, Procedures for the Planning
and Implementation of Security Measures for Objects Vital for
State Security, shall be in force.
[29 April 2010]
13. For persons who have started to serve in foreign countries
by 1 January 2017 the prohibition provided for in Section
3.1 of this Law shall be applicable from 1 January
2018.
[8 December 2016]
14. Commercial companies which with the coming into force of
Section 37 of this Law conform to the conditions of a commercial
company of significance to national security shall fulfil the
obligations specified in Section 39, Paragraph one of this Law by
1 June 2017.
[23 March 2017]
15. The Commercial Register Office shall ensure publishing of
the information regarding commercial companies of significance to
national security on the website of the Commercial Register
Office (Section 39, Paragraph two) from 15 June 2017.
[23 March 2017]
16. Section 23, Paragraph eight of the Law shall come into
force concurrently with the relevant amendments to the
Mobilisation Law.
[4 October 2018]
17. The Financial and Capital Market Commission shall, by 1
September 2021, issue the legal acts referred to in Section
22.3, Paragraph three of this Law.
[20 May 2021]
18. The Cabinet shall, by 1 September 2021, issue the
regulations referred to in Section 22.2, Paragraph six
of this Law. Until the day of coming into force of the relevant
Cabinet regulations, but not later than by 1 September 2021,
Cabinet Regulation No. 496 of 1 June 2010, Procedures for the
Identification of Critical Infrastructure, Including European
Critical Infrastructure and Planning and Implementation of
Security Measures, shall be applicable, insofar as it is not in
contradiction with this Law.
[20 May 2021]
19. Section 22.4 of this Law shall come into force
on 1 January 2022. The Cabinet shall issue the regulations
provided for in Section 22.4, Paragraph two of this
Law by 31 December 2021.
[20 May 2021]
20. Persons who, in accordance with Section 3.1,
Paragraph one, Clause 1 of this Law, enter the service of Ukraine
shall immediately register with the structural units for the
record of the National Armed Forces' reserve, indicating their
given name, surname, personal identity number, and type of
service.
[28 February 2022]
21. If, at the moment of coming into force of Section 38,
Paragraph 1.1 of this Law, the persons belonging to
Russia and Belarus have a qualifying holding or decisive
influence in a capital company of significance to national
security or such persons are beneficial owners of a capital
company of significance to national security, the shareholders
and stockholders referred to in Section 39, Paragraph
3.1, Clauses 1, 2, and 3 of this Law are not entitled
to exercise their right to vote from the moment of coming into
force of this provision. In determining the representation norm
in a capital company of significance to national security, the
respective stocks or capital shares are not taken into
account.
[16 June 2022]
22. If, at the moment of coming into force of Section 38,
Paragraph 1.1 of this Law, the person belonging to
Russia or Belarus is a member of a partnership or the beneficial
owner of such member is a person belonging to Russia or Belarus,
the respective member of the partnership is not entitled to
represent the partnership and to keep its records from the moment
of coming into force of this provision.
[16 June 2022]
23. The provisions of the articles of association or
agreements which are in contradiction with the restrictions
specified in Section 38, Paragraph 1.1 of this Law
shall be invalid in the part which is in contradiction with the
abovementioned provision.
[16 June 2022]
24. Amendments to this Law regarding the replacement of the
words "The Financial and Capital Market Commission" with the
words "Latvijas Banka" in Paragraphs two, three, and five of
Section 22.3 and the replacement of the words "Upon
consulting with Latvijas Banka, the Financial and Capital Market
Commission shall" with the words "Latvijas Banka shall" in
Paragraph four of Section 22.3, and also regarding the
deletion of the words "and capital" in Paragraph three, Clause 1
of Section 39 shall come into force on 1 January 2023.
[6 October 2022]
25. Associations and foundations which, with the coming into
force of the amendments to Section 37 of this Law, conform to the
conditions of an association or a foundation of significance to
national security shall fulfil the obligations specified in
Section 39, Paragraph one of this Law within one month after
coming into force of the respective amendments.
[20 October 2022]
26. Commercial companies which, with the coming into force of
the amendments to Section 37 of this Law providing for the
determination of the companies which are in possession or
ownership of critical infrastructure or which conform to the
conditions referred to in Section 37, Clauses 10, 11, 12, and 13
of this Law as commercial companies of significance to national
security, shall fulfil the obligations specified in Section 39,
Paragraph one of this Law within one month after coming into
force of the respective amendments.
[20 October 2022]
27. Commercial companies which, until the date of coming into
force of the amendments to Section 38, Paragraph one, Clause 1,
Sub-clause "d", Clause 2, Sub-clause "b", and Paragraph three of
this Law, conform to the conditions of a commercial company of
significance to national security shall submit clarified
information referred to in Section 39, Paragraph one, Clause 4,
Sub-clauses "a" and "b" of this Law or a notification that the
submitted information need not be clarified within one month
after coming into force of the respective amendments.
[20 October 2022]
28. The Cabinet shall, by 1 July 2023, issue the regulations
referred to in Section 18.1, Paragraph seven of this
Law.
[20 October 2022]
29. Amendment regarding the deletion of Section 10, Paragraph
one, Clause 10 of this Law shall come into force concurrently
with the Defence Industry Law.
[27 March 2024 / Amendment regarding the deletion of
Section 10, Paragraph one, Clause 10 shall be included in the
wording of the Law as of 24 April 2024]
30. Until making of the relevant amendments to other laws and
regulations:
1) the name "Crisis Management Council" used therein shall
correspond to the name "Cabinet" used in this Law;
2) the name "Crisis Management Council secretariat" used
therein shall correspond to the name "Crisis Management Centre"
used in this Law.
[29 May 2025]
31. The Cabinet shall, by 1 January 2026, issue the
regulations referred to in Section 23.1, Paragraph
four, Clauses 1 and 2 of this Law.
[29 May 2025]
32. Local governments shall, by 1 January 2026, establish a
crisis management unit or appoint crisis management employees for
the planning, preparation, and implementation of crisis
management measures.
[29 May 2025]
33. Amendment to Section 9, Clause 2 of this Law in relation
to the annual report on the national security shall come into
force concurrently with the relevant amendments to the Rules of
Order of Saeima.
[29 May 2025 / The abovementioned amendment will be
included in the wording of the Law as of the day of coming into
force of the relevant amendments to the Rules of Order of
Saeima]
34. The Cabinet shall, by 30 September 2025, issue the
regulations referred to in Section 22.2, Paragraph six
of this Law. Until the day of coming into force of the relevant
Cabinet regulations, Cabinet Regulation No. 508 of 6 July 2021,
Procedures for Surveying Critical Infrastructure, Including
European Critical Infrastructure, and for Planning and
Implementation of Security Measures and Continuity of Operation,
shall be applicable.
[12 June 2025]
35. The Cabinet shall, by 17 January 2026, approve the first
Critical Infrastructure Resilience Strategy referred to in
Section 36.1 of this Law.
[12 June 2025]
36. The Cabinet shall, by 17 January 2026, approve the first
National Critical Infrastructure Risk Assessment referred to in
Section 36.2 of this Law.
[12 June 2025]
Informative Reference to the
European Union Directive
[12 June 2025]
The Law contains legal norms arising from Directive (EU)
2022/2557 of the European Parliament and of the Council of 14
December 2022 on the resilience of critical entities and
repealing Council Directive 2008/114/EC.
The Law has been adopted by the Saeima on 14 December
2000.
President V. Vīķe-Freiberga
Rīga, 29 December 2000
1 The Parliament of the Republic of
Latvia
Translation © 2026 Valsts valodas centrs (State
Language Centre)