Amended The National Security Act

Original Language Title: Grozījumi Nacionālās drošības likumā

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The Saeima has adopted and the President promulgated the following laws: amended the National Security Act to make the National Security Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2001, nr. 3; 2002, 1, 12 no; 2007, 9, 10, 16; 2008, nr. 11. No, 2, 15, 2009. no; Latvian journal 2010, 76. no; 61. No, 2013; 2014, 105, 114. no; 2016, 48, nr. 249.) the following amendments: 1. Add to article 10 the first paragraph with the following paragraph 9: "9) decide on the maintenance of personal impact or influence to obtain the permission of national security for major companies, as well as the permission to transfer critical infrastructure owned or the property of another person." 2. Add to article 22.2 of the seventh paragraph as follows: "(7) of this article, the second part of paragraph 1 or 2, or the third part of the critical infrastructure in the transfer of possession or ownership to another person requires the permission of the Cabinet." 3. Supplement with Chapter VI of the law by the following: "chapter VI national security significant commercial restrictions article 37. National security significant commercial restrictions laid down in this chapter apply to companies established in the Republic of Latvia, which meets at least one of the following conditions: 1) is the electronic communications operator with significant market power, which set tariffs and cost accounting obligations on electronic communication in accordance with the procedure laid down in the law; 2) auditory digital media feature, which marquee area using terrestrial technical means, according to the national electronic media Council for broadcasting licences are issued by Latvia or at least 60 percent of its territory, or is audiovisual electronic media feature, which marquee area using terrestrial technical means, according to the national electronic media Council for broadcasting licences are issued by Latvia or at least 95 percent of its territory; 3) is in the Republic of Latvia received a license in natural gas transmission, distribution, storage or liquefied natural gas plant it owns, which is connected to the transmission system; 4 electricity or heat) is a manufacturer, the installed capacity of more than 50 megawatts in fact; 5) is heat transmission and distribution operator, which owns at least 100 kilometre district heating; 6) is in the Republic of Latvia has received a licence for the transmission of electricity. 38. article. Limitations impact (1) in order to prevent national security threatening or potentially threatening national security impact of the major company, the Cabinet of Ministers determine the significant national security companies obligations listed in this section and decide on the authorization for the following activities: 1) in relation to a corporation: (a) the acquisition of a qualifying holding), (b)), the impact of the casting (c)), transfers of undertakings (d)) the shareholder or member status save or a right to use indirect involvement (voting rights) conservation If changing the true beneficiary; 2) with respect to partnerships: a new Member), (b) the status of conservation) when changing the true beneficiary. (2) in this Act, the term "qualifying holding" meet the definition of qualifying holding financial instruments market law, if another is not defined in the law, less the share of participation or other additional conditions; the concept of "decisive influence" meet the decisive effect of the concept of the group within the meaning of the Act; the term "true beneficiaries" correspond to the true beneficiaries of the concept of Crime money laundering and terrorist financing Prevention Act. 39. article. National security significant commercial status the legal effects of

(1) the company within five working days from the date on which it falls within any of article 37 of this law the conditions: 1) submitted to the commercial register authority notice of its compliance with national security significant commercial conditions; 2) shall be made in the register of the shareholders or members, a record of the status of the Corporation; 3) informs the Corporation members or shareholders and people who use indirect participation (to vote), or partnerships with members as to its compatibility with the national security significant commercial conditions; 4) shall inform the institutions established by the Cabinet of Ministers on its members, shareholders and people who use indirect participation (to vote), or of members, as well as true beneficiaries — natural persons directly or indirectly holding a qualifying participation in this company. (2) the authority of the commercial information about the company's compliance with national security significant commercial conditions shall be published in the commercial register of the Authority's homepage on the internet. (3) If the true beneficiaries are: 1) the competent national financial and capital market supervisory institutions supervised financial institutions, investment funds, alternative investment funds and similar investors — the Foundation of information about true beneficiaries can only contain the particulars of the relevant financial institutions and its operational policies; 2) society or Foundation, information on the beneficiaries of the fair include the particulars of the relevant association or Foundation and its activities; 3) the shares of the company's shareholders, which shares admitted to trading on a regulated market, — information is provided only for those shareholders, which exceeds 10 percent of the shares of the company's voting shares. (4) the cabinet shall determine the authorities submitted the first part of this article, the information specified in paragraph 4, the amount of information to be submitted and the procedure for submission thereof. 40. article. Permit significant participation or decisive influence (1) Cabinet's permission is required before a person or several persons acting in concert, acquire a qualifying holding or a decisive impact national security or significant company becomes member of such company, or acquire the impact the Corporation established in the Republic of Latvia, which is important to the national security of the Member companies. (2) if the other Act is an outright ban of certain entities to acquire a particular type of participation in any of the major national security companies, this prohibition applies regardless of the Cabinet's permission. (3) the applications for authorisation submitted to the person wishing to acquire a qualifying holding or decisive influence in important national security company. 41. article. The actual beneficiary (1) national security an important member of the company's shareholders, the person who uses the indirect participation (to vote), or members must get permission to keep or to remain a member of a company, a change in its true beneficiaries. (2) the applications for authorisation submitted to the national security of relevant company participant, shareholder, a person who uses indirect participation (to vote), or the Member within five working days from the date of the actual beneficiary change. (3) the Cabinet of Ministers is entitled to adopt a decision laying down the obligation in part two of this article, that person must, within a prescribed period to dispose of the share capital or shares or terminate the indirect participation (to vote), or withdraw from the company. (4) If a person has not taken the steps set out in the third subparagraph of that decision, its the day after the due date is not entitled to exercise the voting rights or capital company concerned is not entitled to represent the partnership and sort records. 42. article. The company's transition (1) Cabinet's permit is required for each company's transition as a result of which the other person acquires the property of the company from significant national security Corporation, which includes assets that are used in this law, in article 37 of that operation. (2) the Cabinet of Ministers established an application for authorisation shall be submitted to the national security of a significant company. 43. article. Impact of acquisition limit exceptions to the Cabinet's permission is not required if: 1) in the cases specified in the law, the share capital or stock from the Corporation itself; 2) are managed national Corporation and the national capital or shares in accordance with the Public person part of the capital and the management of the Corporation law; 3) company, the share capital or shares go public persons, corporations or public entities publicly owned private corporation; 4) of the criminal law process driver decides the share capital or stock-rightful owner; 5) of the criminal law, the Court shall decide on the share capital or stock of the confiscation. 44. article. Cabinet decision making and appeals procedure 

(1) this law article 22.2, the seventh subparagraph the first subparagraph of article 40, article 41, third paragraph and in the first subparagraph of article 42 in the cases referred to in the Cabinet's decision is taken in one month from the date of receipt of the application. This period may be extended to four months. (2) in making a decision in the cases referred to in this chapter, the Cabinet will assess a person's right to limit its proportionality to the interests of national security and public safety as well as the opinion of the authority, compliance with the principle of protection of legitimate expectations. (3) this law article 22.2, the seventh subparagraph the first subparagraph of article 40, article 41, third paragraph, and article 42 of the decision referred to in the first subparagraph shall be notified to the recipient and send a notice of the decision concerning the relevant national security significant company, if it is not the addressee of the decision. (4) Cabinet of Ministers decision may appeal to the administrative court. Appeal shall not suspend the decision action. (5) the court case as a Court of first instance. The case is being heard in the three judges. Administrative District Court judgment may be appealed by submitting an appeal in cassation. (6) If the circumstances of the case to the Court for clarification of the objective need to verify information containing State secrets, then with the following information and evaluate it only get to court. The ruling, the Court noted that this information is assessed. (7) If the Cabinet of Ministers within the time laid down in this article has not taken a decision, then it is considered that after the expiry of the permission is given. (8) the cabinet shall determine the authorities in application of this law article 22.2, the seventh subparagraph article 40, first paragraph, the first subparagraph of article 41 and article 42 of the authorization referred to in the first subparagraph, the amount of information to be submitted and the evaluation, as well as the decision on the authorisation or refusal to issue them and the decision on the adoption of this law, article 41, third paragraph the obligation referred to in the discovery and notification procedures and the notice of decision information. 45. article. Limit the legal consequences of non-compliance (1) If a person or several persons acting in concert, acquire essential or decisive influence in important national security company or become a member of such a company, without this law, the authorisation referred to in article 40, then Latvia closed the transaction or action which was the basis for the acquisition of these rights, in force from the moment of the conclusion or execution. Regardless of the conclusion of the transaction or conduct places national security an important company is not entitled to make changes in the register of shareholders or members, if not received this law laid down in article 40. (2) if the company as a result of the transition, another person acquires property in the company of national security major corporations, including assets that are used in this law, in article 37 of that operation, without this law, the authorisation referred to in article 42, the switch has no effect. (3) is not in the national security force significant company shareholders or shareholders ' meeting decision, voted on by the members or shareholders whose participation or the true beneficiary of the change of the Cabinet of Ministers has not given permission, or the decisions taken in violation of the voting rights, as set out in this chapter. Do not force any Member, it has made national security an important commercial form, thus violating this statutory representation and filing the sort. (4) in the first subparagraph of this article, in the cases specified in the Cabinet of Ministers adopted a decision obliging certain relevant: 1) of the members or shareholders of the Corporation disposed of the share capital or shares or terminate the indirect participation (to vote) and prohibits the execution of the obligation to use the voting rights in the Corporation; 2) Partnership members withdraw from society and prohibit the execution of the obligation to represent the company and organize its proceedings. " 4. Add to the transitional provisions in paragraph 14 and 15 with the following: "14. Commercial companies that with this law, article 37 entry into force satisfies national security significant commercial conditions until 1 June 2017 for the implementation of this law article 39, first paragraph. 15. The commercial register authority of information on important national security companies in the commercial register of the authority publishing homepage on the internet (article 39, second paragraph) from June 15, 2017. " The law shall enter into force on the day following its promulgation. The Parliament adopted the law of 23 March 2017. The President of the Parliament instead of the President i. Mūrniec Riga 2017. on 28 March


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