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Strategic Movement Law

Original Language Title: Stratēģiskas nozīmes preču aprites likums

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The Saeima has adopted and the President promulgated the following laws: strategic movement law chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) strategic goods, systems, equipment, components, materials, chemical substances, articles, software, technologies, and services that are contained in the Council of 22 June 2000, the Regulation (EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology (hereinafter referred to as the Regulation 1334/2000), annex 1, the Council of Europe on 25 April 2005, the European Union common military list 2005/C127/01 (hereinafter referred to as the European Union common military list) and a national of the Republic of Latvia of strategic interest in the list of goods and services;
2) strategic movement of goods — strategic transfer of goods between the Member States of the European Union, exports (including exports of intangible technology way, orally, by telephone or electronic means), import, transit, sales, production, development, storage, use, technical service, repair and brokering;
3) strategic movement subjects — natural and legal persons who import, export, move or in transit, moving from one European Union country to another, perform brokering or produced, developed, used, disposed of, or store serving the strategic goods;
4) strategic trade license, the competent control authorities issued a document that strategic movement of goods entitles the holder to move strategic goods between the Member States of the European Union or to carry strategic goods export, import or transit deal with countries that are not Member States of the European Union;
5) end use certificate, the competent control authorities approved a document (certificate), by which the strategic movement of goods subject before certifying receipt of the goods to the consignor that received strategic goods will be used only for specified purposes, will not be used in connection with weapons of mass destruction or their means of delivery and will not be passed to third parties;
6) delivery control certificate: document issued by the control authority of the importing country exporting country authority and is a certified strategic commodities;
7) international import certificate: document issued by the control authority of the importing country exporting country authority confirming their consent to the strategic import of the goods and the determination to control the final use of the goods;
8) strategic transaction Broker: a natural or legal person, a trader or is registered in the commercial register in a foreign country or the citizens of the Republic of Latvia permanent residents registered with the company or firm carrying out strategic commodity brokerage transactions;
9) strategic trade between agricultural deal: any strategic commodity intermediary transactions associated with strategic movements, including the movement from one third country to another;
10) strategic trade identification — what happens to the documents accompanying the goods or customs information physical control of the goods to determine their compliance with the strategic goods lists those goods;
11) strategic goods identification specialist, strategic goods control Committee (hereinafter the Committee) the designated person who, using their expertise and job skills, strategic product identification;
12) strategic product expertise, activities that are performed to determine whether any of the goods or the test signs comply with the set of strategic goods lists those goods;
13) strategic trade expert — a person with specialist knowledge in science, engineering, or the military, that the request of the Committee of experts is appointed by the competent authority.
2. article. The purpose of the law (1) the law aims to ensure the control of strategic goods in the Republic of Latvia in accordance with national and international interests and international export control regimes and to prevent nuclear, chemical, biological and other weapons of mass destruction proliferation, as well as to prevent the threat of international terrorism.
(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, the missile technology control regime and the nuclear suppliers group — the requirements of the Republic of Latvia followed suit 8 June 1998 the European Union code of conduct on arms exports (hereinafter referred to as the European Union code of conduct) and the Regulation 1334/2000, as well as other strategic goods movement-regulating laws.
Chapter II the strategic goods import, export and transit article 3. General provisions (1) a national of the Republic of Latvia of strategic goods and services is determined by the Cabinet of Ministers.
(2) the Committee of strategic goods of the issued license is required for each of the EU common military list, Regulation 1334/2000 and in annex 1 of the Republic of Latvia national strategic list of goods and services the goods referred to in the export, import or transit of each consignment, as well as the European Union common military list of Regulation 1334/2000, annex 4 and of the Republic of Latvia national strategic list of goods and services for the movement of goods referred to in the Member States of the European Union.
4. article. Exceptions to import and transit licences (1) strategic goods import licence is not required when the national armed forces, the prison administration or under the Ministry of the Interior or the monitoring authority in the European Union common military list of goods moving from another Member State of the European Union or imported without the mediation of economic operators.
(2) strategic goods in transit that do the commercial register of the Republic of Latvia registered broker or carrier requires a strategic transit goods licence.
(3) transit license is required if strategic transit of goods made abroad registered carrier and shipment issued by the authorities of the exporting country added an export licence or an export certificate or similar document and import license of the importing country or international import certificate or proof of final uses.
(4) in the third subparagraph, in the case referred to in the Customs shall detain the shipment, check it and send these documents by fax or e-mail to the Committee. The Committee is one of the working days during the identification of the goods and notify the Customs about the decision to allow the transit of goods, cargo hold additional inspection or return it to the exporting country.
5. article. Special rules for certain strategic product licences (1) Get the sources (including nuclear) moving, export, import or transit licence, strategic movement of goods subject to need radiation safety Center issued a special permit (license) activities with ionizing radiation sources.
(2) on receiving a European Union common military list of the military movement of export, import or transit licence, strategic movement of goods subject to the need of the Ministry of Defence issued a special permit (license) commercial with European Union common military list items.
(3) referred to in the second subparagraph of article special permissions (licenses) of the issue, renewal, revocation and suspension of the order, as well as issuing and renewal of State fees payable shall be determined by the Cabinet of Ministers.
(4) the Ministry of Defence issued a special permit (license) commercial with European Union common military list those goods is entitled to sole proprietors or commercial companies, if the public security authorities is not news that the economic operator action is directed against the security of the Republic of Latvia or he violates international agreements or international organizations contained certain restrictions, and if their members, managers, people occupying positions in government institutions, as well as staff directly related to the European Union common military list of the goods referred to in the production, repair, transportation, storage, marketing, related services or security, meet the following requirements: 1) is at least 21 year of age reached the Republic of Latvia citizens or nationals of the Member States of the European Union or European economic area nationals;
2) is not punished for committing a crime — at least a year after deleting or removing the criminal record;

3) is a psychiatrist, that they do not have a diagnosed psychiatric disorders;
4) is narkolog's opinion that they have not been diagnosed with alcohol, drugs, psycho-tropic substances or toxic addiction;
5) during the last year is not administratively punished about alcohol, narcotic, psychotropic or toxic substances affect Community infringements;
6 the national police, the public prosecutor's Office) or national security authorities not news that show their affiliation to the banned paramilitary or armed for gangs, community organizations (parties) or their associations;
7) is declared (registered) residence;
8) not have been convicted of an intentionally committed criminal offence.
(5) the Ministry of Defence issued a special permit (license) commercial with European Union common military list items after the Cabinet set a State duty payment is issued for an indefinite period of time, and each year it re-registered at the Ministry of defence.
(6) the Ministry of defence 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) on the basis of, having been convicted by a judgment of the Court of Justice or other competent institutions to provide opinion on important sectors concerned in violation of regulatory laws, as well as environmental protection, competition and the relevant labour law violations, is found in the operator's professional misconduct in the last three years after submission of application;
4) found that the merchant special permissions (licenses) or the extension of its validity supplied incorrect information;
5) does not match the merchant quarter of this article;
6) of this law have been infringed or other regulatory requirements or the special permission (license) included conditions.
(7) the moving strategic goods from one third country to another, the transaction must only be performed with the Committee the issue of strategic transit license. If the goods concerned are those of the European Union common military list, the deal requires the Ministry of Defence issued a special permit (license) commercial with European Union common military list items.
(8) the Ministry of Defence issued a special permit (license) commercial with European Union common military list items is not required when a transaction is carried out with military weapons, their components or Assistant devices, munitions, explosives, explosive device, special funds or pyrotechnic products and strategic movement of goods subject to the law of Arms is article 37 of the second subparagraph of paragraph 1 under special permit (license).
(9) for industrial explosives for blasting and explosive devices go, export, import or transit licence, strategic movement of the entity in accordance with the law of the movement of Weapons requires the Ministry of the Interior issued a special permit (license) for individual business lines.
(10) in order to get automatic firearms in category A, B, C and D categories hunting, sport and self defense weapons and firearms ammunition, high energy air guns, as well as 2, 3, and 4. the class movement of pyrotechnic articles, export, import or transit licence, strategic movement of the entity in accordance with the law of the movement of Weapons requires the Ministry of the Interior issued a special permit (license).
(11) the strategic movement of goods, export, import or transit licence Committee with the national regulatory authority, which issued the first, the second, ninth, or tenth part for the special permission (license). The national regulatory authority, within three working days after receipt of the request by the Committee to give consent or refusal of licence a reasonable.
(12) the provisions of Regulation 1334/2000, article 6 provided for in paragraph 2 of the General export license issued by the Committee of strategic goods exporters who are not punished for violations of this law and that exports of the same product in the same end users. The General period of validity of export licences is the year. The General procedure for the issue of export licences is determined by the Cabinet of Ministers.
6. article. Strategic goods lists of goods not listed in the licensing and use of strategic goods lists of goods not listed in the licensing and the use of the procedures established by the Cabinet of Ministers.
Chapter III expert certificate, proof of final uses, the delivery control certificate and strategic goods, export, import and transit licenses, previous consent of the service and the use of article 7. Expert certificate, proof of final uses, the delivery control certificate and strategic goods, export, import and transit licenses, previous consent and use of the service in the General provisions (1) the expert inquiry, end use certificates and certificates, delivery control certificates and strategic goods, export, import and transit licences for strategic movement subjects at the request of the Cabinet of Ministers duly issued by the Committee. On the service of documents is subject to stamp duty, the amount of which is determined by the Cabinet of Ministers.
(2) previous consent document firearms and ammunition or explosive movements between the Member States of the European Union Cabinet in accordance with the procedure laid down by the State police.
(3) the State fee for the first part of the service shall not be paid from the State budget funded entities and individuals that strategic goods imported or exported temporarily (repair, exhibitions or trade samples).
8. article. Between the Republic of Latvia to the import certificate and the folksy end use certificate (1) If the exporting country export control authorities of the Republic of Latvia requests the international import certificate or receipt of final uses of strategic movement holder shall submit to the Committee a request for that document.
(2) the Republic of Latvia in the international import certificate not replaced the strategic goods import licence.
9. article. Foreign international import certificate and the end-use certificate (1) for strategic goods export or transit licence, strategic movement holder shall submit to the Committee between the importing country and international import certificate or end use of the goods receipt or similar document.
(2) if the foreign international import certificates, end-use certificate or similar document is not in English, strategic subject goods shall submit to the Committee its notarized translation into the national language.
(3) on the basis of information on strategic goods and goods of the nature of the end user, is entitled to impose exceptions when foreign international import certificates, end-use certificate or similar document is not required. These documents are not required, repeatedly requesting a license to export or transit transactions with the same product to the same end user.
(4) if the strategic goods importer, the Government needs national approval of the Ministry of Foreign Affairs that the importer is entitled to act on behalf of the State.
(5) export or transit broker issued proof of final uses are not sufficient basis for strategic goods export or transit licence.
10. article. Delivery control certificate (1) if the strategic goods export control authorities of the exporting country of the delivery control certificate requests, the importer shall submit the application to the Committee and presented to the customs declaration, which confirms that the product is imported into the territory of the Republic of Latvia.
(2) on the basis of the first paragraph of this article, the Committee shall issue the documentation delivery control certificate.
11. article. Product identification and expert in cognition (1) if the strategic goods subject to or have strategic control of the movement of goods related to public authority must determine whether the goods are or are not strategic goods accompanying documents for goods by electronic means sent to the Committee of strategic goods identification specialist. Specialist, based on documents and other available information, as well as their own expertise, takes a decision and is made to the documents one of the following endorsements: 1) the goods require a license;
2) license is required;
3) for identification of the goods require additional information;
4) goods require inspection;

5) goods related to weapons of mass destruction — does not require a license.
(2) the Committee shall be entitled to request product technical indicators, laboratory tests or test results, the equipment of passport, chemical formulas, and other information or product samples, which allows you to determine whether or not the item is a strategic commodity.
(3) if the export, import or transit goods are complex chemicals, technology, software, materials or equipment to specifications, in accordance with the combined nomenclature, the intended use or any other characteristic would be the strategic goods, the seconded strategic product identification specialists within 30 working days of the strategic movement of goods subject to the receipt of the request determines whether or not they are strategic goods. If you need item Inspection, this time limit may be extended on the basis of the Committee's decision. If you find that the product concerned is not a strategic product, the Committee shall issue the strategic movement of goods subject to the inquiry.
(4) the strategic goods inspection after the strategic goods control bodies or committees request: 1) the European Union common military list those goods, pyrotechnics and explosives — the Ministry of defence or the State police assigned to the expert;
2) nuclear material nuclear and ionizing radiation sources: radiation safety center designated experts;
3) chemical substances — national environmental service designated experts;
4) biological agents and equipment — Ministry of welfare designated experts;
5 ways to be of paramount) operational measures specially created or adapted equipment, devices and tools, security police assigned to experts.
(5) if necessary, the Committee may call upon for identification of the goods as experts other Latvian and foreign specialists in the sector in question.
(6) the Committee shall take decisions on the basis of the opinion of the Committee of outside experts.
(7) the strategic product expertise covers strategic subject goods.
Chapter IV, strategic goods control bodies article 12. Committee (1) the Committee is a national of the Republic of Latvia of strategic goods control institution.
(2) the personnel of the Committee shall be determined by the Cabinet of Ministers. The Committee is subject to the Minister for Foreign Affairs and acting in accordance with the Cabinet of Ministers approved the Charter and this law.
(3) the Committee independently or in cooperation with other institutions of the Republic of Latvia, or with the international inspection or foreign export control authorities participation take strategic control of the movement of goods.
(4) the Committee shall be entitled to cancel already issued and do not issue the strategic goods import licence or certificate of international strategic movement subjects who do not comply with the requirements of this law.
(5) the Committee shall immediately inform the police and the State revenue service, if there is a possibility that the export or transit of goods moving can be used in conjunction with weapons of mass destruction or their means of delivery, or if the country of final uses of goods apply international sanctions or embargo. Following receipt of the State revenue service or the police within the limits of its competence of inspection shall take a decision and the decision taken shall inform the Committee.
(6) the constitutional protection Office, the State revenue service and security police at the request of the Committee, provide it with risk factors analysis of individual transactions involving strategic goods.
(7) the Committee supports the protection of the information in accordance with the law "on State secrets".
(8) the Committee is obliged to provide to the States or international organisations information on strategic movement of goods and export or transit licence refusals, if provided for in a bilateral or multilateral agreement.
(9) the Committee is entitled to refuse strategic product licence when its service is inconsistent with the foreign policy of the Republic of Latvia, the European Union, the United Nations and the Organization for security and cooperation in Europe, the embargo laid down by the chemical distribution, production, accumulation and use of restriction and on their destruction, the Convention on the code of conduct of the European Union's criteria or objectives of this law.
(10) if the export of strategic goods or their critical components are manufactured in another country, before licences are issued, the Committee is entitled to claim the strategic movement of goods subject to national export license (permission).
13. article. Other strategic movement in this Act the supervisory organ and other strategic goods movement-related laws that enforcement of laws and the supervision order within the limits of its competence, the Committee carried out the constitutional protection Office, State police, judicial police, State revenue service, the radiation Security Center and the national environmental service.
Chapter v strategic movement control the competence of the institution article 14. Chemical control of Regulation 1334/2000 and in annex 1 of the EU common military list these chemicals controlled by the movement of the national environmental service.
15. article. The double use of the trade control regulation 1334/2000 referred to in the annex to the double use of the movement of goods controlled by the Committee. The Republic of Latvia national strategic goods and services referred to in the list of strategic goods controlled by the Committee and the security police. 1 of Regulation 1334/2000. nuclear material referred to in the annex and the circulation of nuclear control Committee, radiation safety Center and the security police.
16. article. Weapons, arms and munitions control of European Union common military list that controlled the movement of goods, the Committee, the security police, the national police and the Ministry of Defense.
Chapter VI strategic movement of goods subject to the duties and responsibilities article 17. Strategic movement of goods subject to duties (1) if the strategic movement of the entity is aware that his move the exported or transit goods, in whole or in part as is or may be intended for use in connection with chemical, biological or nuclear weapons development, production, handling, operation, maintenance, storage, detection, identification or dissemination or the missile development, production, maintenance or storage, capable of delivering such weapons , strategic movement holder shall inform the Committee. The Committee shall decide whether the goods in question to issue export or transit licence.
(2) strategic goods subject documents relating to strategic goods export, import or transit deal, kept in the three years after their receipt or its dissolution.
(3) the strategic movement of goods subject to immediately inform the Committee if it finds strategic product non-conformity documents specified, change the export or transit route or the end user of the goods. Based on this information, the Committee has taken a decision on the amendment of the licence, cancellation or continuation in force and notified of their strategic movement holder.
(4) the strategic movement of goods subject to this Act and other strategic goods movement-related legislation in certain strategic movement rules.
18. article. Responsibility for strategic movement of infringements of the provisions Of this law and other regulations specified strategic movement regulations a person called to criminal liability, civil and administrative liability in regulatory law.
19. article. Decision appeals procedure Committee decisions may be appealed to the administrative procedure law.
Transitional provisions 1. With the entry into force of this law shall lapse strategic movement of goods Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2004, nr. 10; 2006, no. 22).
2. the Cabinet of Ministers until 1 July 2007 does this law article 3, first paragraph of article 5 of the third and twelfth paragraph, article 6 and article 7 in the first and second paragraphs of these rules. To their entry into force, but no longer on 1 July 2007 is applicable to the Cabinet of Ministers of 29 April 2004 the Regulation No. 467 "order in which it is issued, refused or withdrawn in the strategic goods control documents" and the Cabinet of Ministers on 23 January 2007 the Regulation No. 74 "rules on State toll on strategic goods export, import and transit licences", in so far as they do not conflict with this Act.
The Parliament adopted the law of June 21, 2007.
 
State v. President Vaira Vīķe-Freiberga in Riga, July 5, 2007 Editorial Note: the law shall enter into force on July 19, 2007.