Amendments To Strategic Movement Law

Original Language Title: Grozījumi Stratēģiskas nozīmes preču aprites likumā

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/ta/id/190009

The Saeima has adopted and the President promulgated the following laws: amended strategic movement in the law to make strategic movement of goods Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2007, no. 15) the following amendments: 1. Replace article 1, paragraph 1, the words ' the European Council of 25 April 2005, the European Union common military list 2005/C127/01 (hereinafter referred to as the European Union common military list) "with the words" European Union common military list ".
2. Put the second part of article 2 in the following wording: "(2) the strategic movement of goods in accordance with this law, the Republic of Latvia's international obligations in the international export control regimes: the Australia Group, the Wassenaar arrangement, missile technology control regime and the nuclear suppliers group — as well as in accordance with Regulation 1334/2000 and other strategic goods movement-regulating laws."
3. Put article 5 the twelfth part as follows: "(12) the General export and general license issued by the transit Committee of strategic goods of the subjects who are not punished for violations of this law and which moves the same goods to the same end users. The General period of validity of the licences is one year. The General procedure for the issue of licences is determined by the Cabinet of Ministers. "
4. To supplement the law with article 5.1 by the following: ' article 5.1. Particular way operational activities undertaken measures specially created or adapted equipment, device or ins trument and circulation components (1) natural persons prohibited to buy, store, and use the national of the Republic of Latvia of strategic goods and services mentioned in the list, particularly in the form of operational measures specially created or adapted equipment, devices or tools and it components (special equipment).
(2) to store, produced, transported, marketed and serviced the special devices, as well as for export, import, transit and transfer the license these products, strategic movement entities requires the Ministry of the Interior special permit (license) commercial activity with the national strategic list of goods and services listed in the special devices.
(3) in the second part of the special permission (license) is entitled to the sole proprietor or company, if the public security authorities is not news that the economic operator action is directed against the security of the Republic of Latvia or that he is in breach of international agreements or international organizations contained certain restrictions, and if its members, managers, individuals occupying positions in government institutions, as well as employees directly related to the special permission (license) the operations (hereinafter the user) shall comply with the following requirements: 1) user is at least 21 year of age reached the Latvian citizen or a citizen of a Member State of the Union or the European economic area nationals;
2 user is not punished for) of the crime, or at least three years after conviction or removal of the deletion;
3) is a psychiatrist's opinion that the user does not have a diagnosed psychiatric disorders;
4 narkolog's opinion) is that the user does not have a diagnosed alcoholic, narcotic, psychotropic or toxic substance dependence;
5) user last year punished administratively for the alcohol, narcotic, psychotropic or toxic substances affect Community infringements;
6 the national police, the public prosecutor's Office) or national security authorities are not news to show membership at an unarmed or prohibited armed groupings, associations, foundations, political parties or associations, trade unions or their associations, as well as religious organisations;
7) user (registered) is declared place of residence;
8) user is not convicted for an intentional criminal offence.
(4) in the second part of the special permission (license) the issue, renewal, revocation and suspension of procedure determined by the Cabinet of Ministers. The special permission (license) the issuing and renewal of State fee is charged. Government fees and the order in which the State fee is payable shall be determined by the Cabinet of Ministers.
(5) this article referred to in the second paragraph of special permission (license) is required for the equipment and software for the core operators or electronic communications business operators need them the statutory duties.
(6) the Ministry of the Interior issued a special permit (license) commercial activity with the national of the Republic of Latvia of strategic goods and services list for specific devices by the Cabinet of Ministers in certain State fees paid shall be issued for an unlimited duration. The special license (permission) to re-register each year the Ministry of the Interior.
(7) the Ministry of the Interior has the right not to issue a special permit (licence), refuse the renewal, to suspend its operation for a period of up to two months or revoke it if: 1) businessman with a court decision found guilty of involvement in a criminal organisation, fraudulent activities in the field of financial crime or money laundering;
2) businessman with a court decision declared insolvent, its economic activity paused or stopped or have been instituted for merchant bankruptcy;
3) a judgment which has the force of res judicata or other competent bodies of opinion found that the merchant within a period of three years after the filing of materially violated the laws and regulations governing environmental protection, competition and labour law, as well as its professional activity;
4) found that the merchant special permissions (licenses) or the extension of its validity supplied incorrect information;
5) this article does not meet the economic operator the third part;
6) of this law have been infringed or other regulatory requirements or the special permission (license) included conditions.
(8) in order to obtain the import, export, transfer or transit license for the equipment referred to in the national of the Republic of Latvia of strategic goods and services and for analog, digital, or mobile telecommunications or other interception of information from technical or communication channels, a trader who has been granted the Interior Ministry's special permit (license) commercial with special devices, shall submit to the Committee a treaty concluded with one of the Republic of Latvia operational entities whether its foreign institutions issued proof of final uses, that performs the transaction.
(9) Special procedures for the circulation of the devices determined by the Cabinet of Ministers. "
5. Add to the title of chapter III, after "proof of final uses of" with the words "import certificate".
6. in article 7: Add to the title after the words "end use certificate" with the words "import certificate";
replace the first paragraph, the words "end use certificates and certificates" with the words "end use certificates, import certificates";
turn off the first paragraph, first sentence, the words "transfer, export, import and transit" and "cabinet order";
make the first part of the second sentence as follows: "for the preparation of such documents will be charged duty.";
replace the third paragraph, the word "service" with the word "preparation";
to supplement the article with the fourth paragraph as follows: "(4) the cabinet shall determine any issue or refuse to issue a certificate of experts, end use certificates and import the certificate, the State fees for the preparation of this document and the payment arrangements as well as procedures for issuing, refusing to issue, suspend or revoke the strategic product license and delivery control certificate."
7. Make the ninth article 12 subparagraph by the following: "(9) the Committee is entitled to Cabinet in order to refuse strategic commodities licence."
8. Article 19: the existing article to be considered for the first part of the text;
to supplement the article with the second part as follows: "(2) the decision of the Committee on strategic trade licenses, end use certificate or import a certificate suspension or withdrawal of the appeal does not suspend the operation of this decision to the date of entry into force of the final ruling in the case."
9. transitional provisions be supplemented with 3, 4 and 5 of paragraph by the following: "3. The Cabinet of Ministers to 2010 January 1, article 5 of this law shall be issued for the twelfth part of the rules laid down in the order in which the Committee issued general export and transit licences. Until the date of entry into force of rules, but no longer than up to 2010 January 1, apply to the Cabinet of Ministers on 6 November 2007 the Regulation No 747 "order in which strategic goods are issued licenses and other strategic goods movement related documents", in so far as they do not conflict with this Act.
4. the Cabinet of Ministers until 1 May 2009 does this law, article 5.1 in the fourth and ninth part of these provisions.

5. The Cabinet of Ministers until July 1, 2009 does article 7 of this law the provisions referred to in the fourth paragraph. Until the date of entry into force of rules, but no longer than up to 2010 January 1, apply to the Cabinet of Ministers on 6 November 2007 the Regulation No 747 "order in which strategic goods are issued licenses and other strategic goods movement related documents" and the Cabinet of Ministers of 18 December 2007 rules no. 908 "rules on State toll on strategic trade expert statement, the end use Declaration , import certificate, delivery control certificate and strategic goods, export, import and transit licences ", in so far as they do not conflict with this Act."
The law adopted by the Parliament in the March 12, 2009.
President Valdis Zatlers in Riga V 2009 April 1 editorial comment: the law shall enter into force by 15 April 2009.