Amendments To The Law Of The Riga Free Port

Original Language Title: Grozījumi Rīgas brīvostas likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/220144

The Saeima has adopted and the President promulgated the following laws: the law of the Riga Freeport Freeport of Riga law be done (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 2000, no. 8; 2001; 2003, 17. No, No 13) follows: 1. Replace the words "licensed throughout the law company" (the number and fold) with the words "licensed corporation" (the number and fold), the word "entrepreneurship" (folds) – with the word "business" (fold).
2. in article 1 point 2: turn off;
make paragraph 3 by the following: "3) licensed corporation – a corporation that has entered into with the management of the Freeport of Riga (hereinafter – port authority) agreement for licensed commercial activities in the territory of the Freeport of Riga and port authorities received authorisation to do so;"
Replace in paragraph 4, the words "companies (companies)" with the words "Corporation".
3. Article 3: make the first paragraph by the following: "(1) the territory of the Freeport business may be conducted by a licensed corporation, as well as commercial companies which have concluded contracts with the port authorities, in the territory of the Freeport operation in accordance with the law on ports 7. the third paragraph of article 7 of this law, and subject to the third subparagraph of article 10. ';
to turn off the second part;
make the third paragraph as follows: "(3) the imported goods within the territory of the free port licensed corporations in the territory of a free zone and leave them only through the point of entry in accordance with the procedure provided for by the law."
4. To make article 4, third, fourth and fifth paragraph as follows: "(3) Freeport land owned by the natural or legal person, may be sold, gifted, change or otherwise dispose of the law on ports.
(4) the law on the right port authority is established personālservitūt to natural and legal persons owned land pursuant to this Act takes a free port. The port authority is entitled within its territory of the natural and legal persons owned land use port, as well as rent their merchants operating in the Freeport area. Port authority leased the land sublet to pass may be only with the permission of the port authority.
(5) the Easement can be built on the site of the port required for the operation of buildings and structures, as well as to allow it to build the economic operators that land surrendered the lease in determining the treaty action with these buildings and premises in the land lease in the event of such termination. "
5. Article 5: make the first paragraph by the following: "(1) the administration of the port of the free port administration, which determined the status of the law on ports. Port authority competence this law, the law on ports, Freeport of Riga Authority and the Riga Freeport regulations regulations governing the internal regime of Freeport. ";
replace the second paragraph, the words "Administration is a legal entity. It "with the word" Administration ".
6. To make article 7 by the following: ' article 7. Importation of goods the licensed corporations in the free zones and the removal of the entry of goods into the territory of the Freeport corporation licensed in the territory of a free zone and out of it in accordance with the customs of the European Union legal requirements for the entry of goods into a free zone areas and out of them. "
7. To make article 9 as follows: "article 9. Physical persons to customs physical persons crossing the borders of the territory of a free zone are subject to customs control. "
8. Article 10: make the first paragraph by the following: "(1) goods (freight) handling, delivery, storage, processing, and other services and the production of goods in a free zone regime carried out the Corporation, established in the Republic of Latvia, have concluded the contract on licensed commercial free zone and port authorities received the permission for carrying out such operations."
make the third paragraph as follows: "(3) the economic operators who do not have a licensed corporation, Freeport area may do business without licensed corporations established relief and subject to port authority control within its competence. The listed merchants and licensed corporations, which do not apply to the free-zone procedure, do not have the right to do business in the areas of free zones, except the services licensed for the Corporation, which administers a free zone, or the administration of the port. "
9. Article 11: make the first and second subparagraph by the following: "(1) a free zone regime applicable only to corporations that are designated in the territory of the Freeport and provided with the furnished by one or more of the point of entry and the security guards who ensure that the movement of goods and persons on the territory of the company licensed and meet customs requirements. Each licensed Corporation provides protection of their territory.
(2) a corporation may not be licensed to do business outside the Freeport area, except in the third paragraph of this article. ";
replace the third subparagraph in point 1 the words "company" (company) "with the words" Corporation ".
10. Express 12, 13 and 14 of article by the following: ' article 12. The order in which concluded an agreement about a commercial free port licensed and authorised to be served (1) qualify for the conclusion of the agreement and authorization is entitled to a free port Corporation, which already established or to be established in the future (the applicant is the founder), if: 1) Corporation activities and development meets the Freeport development program approved by the Board of the Port;
2) founders, members of the Corporation, members of the Management Board and the members of the Council (if the Corporation has established a Council) meets the following conditions: (a)) good reputation, b) a stable financial situation, c) experience in the field of commercial activities (this information does not require local and State as founders and participants).
(2) contracts for licensed commercial Freeport closed in on certain activities. The contract may be concluded for a number of activities.
(3) a corporation that qualifies for the conclusion of the contract and the licence, submit to the Board of the port: 1) application;
2) corporations certified business register issued a copy of the registration certificate;
3) copy of the Statute of the certified capital company;
4) sworn auditors (Auditors) approved the annual report for the last two years (or, with the assent of the Board of the port — a shortened copy of the report);
5) programme of activities, including the investment program;
6) national revenue issued a statement on the conformity of the territory of a free zone regime, if a corporation wants to conclude a contract on licensed commercial free zone regime.
(4) the decision on the conclusion of the contract to the tenderer port Board shall adopt, after a period of three months referred to in the third subparagraph of receipt of documents. The applicant's application is rejected, the applicant does not meet the conditions referred to in the first subparagraph.
(5) a decision on the conclusion of the contract with the Corporation, which has not yet been established, the Governing Board may adopt, on the basis of the treaties and the draft programme of action, while issuing a temporary permit. Decision on the conclusion of the contract is valid for six months. If a corporation is not founded, the decision shall cease to be in force.
(6) the agreement for the licensed business is concluded for a period of not less than five years.
(7) the agreement on the basis of the business is licensed to permit licensed to conduct business in a free port. Permit is issued for the term of the contract after it tested the readiness of Freeport for the operation of the Corporation. Port authority provides permission.
13. article. The order in which the agreement on the licensed business in Freeport terminated before term and permits to be cancelled (1) a contract for the commercial free port licensed may be terminated before the term with the decision of the Board of Directors of the port, if it is established that a licensed corporation violates the law, other legislation or the conclusion of the contract.
(2) simultaneously with the decision on the early termination of the contract of Management Board shall decide on the withdrawal of the authorisation and shall set a date by which the decision is enforceable. The due date must not be less than 60 days. Freeport Authority within five working days shall notify to the State revenue service on port Board decisions on withdrawal of permission.
(3) a corporation that has annulled the permit licensed commercial Freeport, is entitled to carry on business in accordance with the General provisions, unless the nature of the infringement in accordance with the procedure prescribed by law it is prohibited business activities.
(4) the Management Board of the Port before the first and second subparagraph decision-making invite the Corporation to provide a written explanation. The invitation shall indicate the deadline for the submission of the explanatory memorandum, which must not be less than two weeks. Explanation of the failure is not an obstacle for decision.
14. article. Procedures open to appeal the decisions of the Board of the port for the permit withdrawal of permission, the contract and the contract early termination and disputes under consideration

(1) in accordance with this law, articles 12 and 13 of the port Board decisions on authorisation of cancellation, the contract and the contract early termination of the Corporation for the operation of the free-zone procedure may appeal to the Court of Justice of the administrative procedure law.
(2) the decision of the Board of the port of appeal shall not suspend the execution of the decision.
(3) disputes concerning the conclusion of the agreement with commercial companies for the operation of the Freeport area in accordance with the law on ports 7. the third paragraph of article 7 of this agreement and early termination of the Civil Court of law. "
The Parliament adopted the law on 14 October 2010.
President Valdis Zatlers in Riga V 2010 on October 27.