The Saeima has adopted and the President promulgated the following laws: the Protocol of agreement between the Government of the Republic of Latvia and the Government of the United States of America on mutual legal assistance in criminal matters article 1. 2005 December 7, Riga, signed a protocol agreement between the Government of the Republic of Latvia and the Government of the United States of America on mutual legal assistance in criminal matters (hereinafter referred to as the Protocol) with this law is adopted and approved.
2. article. This Protocol shall enter into force on its article 9 on time and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal".
3. article. The law shall enter into force on the day following its promulgation. With the law to be put in the Latvian language in the Protocol.
The Parliament adopted the law of 8 June 2006.
 
State v. President Vaira Vīķe-Freiberga in Riga on 27 June 2006 Editorial Note: the law shall enter into force on 28 June 2006.
 
   
PROTOCOL to the agreement between the Government of the Republic of LATVIA and the Government of the United States of America on mutual legal assistance in criminal matters in accordance with the 2003 25 June the European Union and the United States to the agreement on mutual legal assistance (hereinafter referred to as the EU-US mutual legal assistance treaty) article 3, paragraph 2, the Government of the Republic of Latvia and the Government of the United States of America recognises that in accordance with the provisions of this Protocol, the EU-US mutual legal assistance Treaty apply bilateral 13 June 1997, the agreement between the Government of the Republic of Latvia and the Government of the United States of America (hereinafter referred to as 1997 mutual legal assistance treaty) in accordance with the following provisions: article 1 mutual legal aid administrative authorities under the EU-US mutual legal assistance treaty to the current article 8 article 1, point 1 article 1 is considered as 1 of the "a" section, adding the 1997 mutual legal assistance agreement with article 1, paragraph 1, point "b" and article 1, paragraph 1 "(c)": "(b)) the public administrative authority conducting an investigation with the aim to initiate prosecution or refer the case to the authorities conducting the criminal investigation or prosecution under the administrative or otherwise specific competence and powers to carry out such investigations, also is entitled to implement mutual legal assistance. In these circumstances, other administrative authorities can implement mutual legal assistance. Mutual legal assistance is not permissible, when it is expected that the prosecution or referral for treatment will be performed.
(c) requests for assistance), in accordance with paragraph 1, section "b" transmit between central authorities, which is designated in accordance with article 2 of the Treaty, the regulations, or other authorities, as agreed by the central authorities. "
2. the article expedited transmission of requests under the EU-US mutual legal assistance treaty to article 7 of the 1997 mutual legal assistance treaty article 4, paragraph 1 is replaced by the following: "1. a) of the request for mutual legal assistance and related announcements can be sent or received by expedited means of communications, including fax or e-mail; official confirmation is sent, at the request of the requested State.
(b)), in cases of urgency, requests for legal assistance can be made orally, but confirmed in writing within ten days unless the requested State central authorities agree to another term.
(c) transmit the Request) requested the national language, if the central authorities agree otherwise. "
3. Article videoconferencing costs according to the EU-US mutual legal assistance treaty article 6 paragraph 2 of the 1997 mutual legal assistance treaty, article 6 of the "d" section is replaced by the following: "(d)) the costs associated with establishing and servicing the video transmission in accordance with article 17c, except the requested and the requesting State agree otherwise; other costs incurred in providing assistance shall be borne by the time under other provisions of this article. "
Article 4 restrictions on the use of personal data and other data for the purposes of protection under the EU-US mutual legal assistance treaty to article 9 of the 1997 mutual legal assistance treaty article 7 is replaced by the following: ' article 7 limitations of use of the personal data and other data protection purposes 1. the requested State may ask that the requesting State shall use any information or evidence obtained from the requested State for the following purposes only: (a) for the purposes of criminal investigation and prosecution);
(b)) for preventing an immediate and serious threat to its public security;
c) outside kriminālprocesuālaj or administrative procedural steps that are directly related to the investigation or proceedings: i) referred to in subparagraph a; or (ii)) which provide mutual legal assistance under article 1, paragraph 1, subparagraph "b";
(d) any other purposes), if the information or evidence has been made public in court proceedings that they were sent, or any of "a", "b" and "c" cases referred to in (a); and (e) any other purposes) — only with the requested State's prior consent.
2. a) this article shall not prejudice the ability of the requested State under this agreement, impose additional conditions in a particular case, when the request for assistance cannot be executed without such conditions. If in accordance with this paragraph are laid down in the additional conditions, the requested State may ask the requesting State to provide information on the use of information or evidence.
(b) the requested State) as a condition referred to in evidence or information shall not be put to the General limitations that are associated with the requesting State, the legal standards in the field of the processing of personal data.
3. If the requested State upon notification to the applicant country to find out the circumstances which would justify the additional conditions for the determination of the case in question, it may initiate consultations with the requesting State to determine, as far as you can to protect evidence and information.
4. the requested State may ask the central authority to respect the information or evidence in accordance with this agreement, or the privacy that they are used in accordance with the request of the requested State, the Central Authority's terms and conditions. If the requesting State accepts the evidence or information pursuant to such rules, the requesting State shall use all possible measures to comply with the conditions. "
Article 5 identification of Bank information in accordance with the EU-US mutual legal assistance treaty to article 4 of the 1997 mutual legal assistance agreement supplemented by article 17 the following: "17. identification of Bank information in article 1 a) at the request of the applicant, at the request of the requested State in accordance with the provisions of this article shall immediately ascertain whether the bank located in its territory, is information about whether an identified natural or legal person that is suspected or accused of the Commission of a criminal offence, have a bank account or accounts. The requested State shall promptly notify the requesting State of the results.
(b)) the operations referred to in point "a", can also be applied with the aim to identify: (i)) for information on the natural or legal persons convicted of or otherwise involved in a criminal offence;
II) financial institutions that are not banks, information already; or III) financial transactions that are not linked to a bank account.
2. in addition to article 4 of this agreement, the provisions of paragraph 2 of this article the request referred to in paragraph 1 shall include: a) the identity of the natural or legal person relevant to locating such accounts or transactions;
b) sufficient information to enable the requested State to the competent authorities: (i)) reasonably suspect that the natural or legal person involved in a criminal offence and that banks or financial institutions that are not banks, on the territory of the requested State could have the information requested; and (ii)) concluded that the information sought relates to a criminal investigation or prosecution; and (c)) as far as possible, that is, information about which bank or financial institution that is not a bank, may be involved, as well as other information available which could help to reduce the amount of investigation.
3. unless the later diplomatic exchange of letters between the European Union and the United States, the Republic of Latvia and the United States do not agree otherwise, a request under this article: (a) send or receive) in the Republic of Latvia: i) Prosecutor — during the pre-trial investigation stage of the proceedings to the Court of Justice; and (ii)), the Ministry of justice — the hearing stage.
(b)) in the United States of America on the Republic of Latvia the responsible attachés of: i) United States Department of Justice drug administration within their competence;
(ii)), the United States Department of Homeland Security, immigration and customs office within their competence;
(iii)), the United States Department of Justice, Federal Bureau of investigation in relation to the other ones.

4. provide assistance pursuant to this article shall in respect of any criminal activities. United States assistance under this article with respect to the proceeds of crime money laundering and terrorist activities, punishable under the laws of both countries, and in the case of other criminal activities, which may declare the Republic of Latvia.
5. the requested State shall respond to a request to provide official documents relating to the accounts or transactions identified in relation to this article, in accordance with the other provisions of this Treaty. "
Article 6 the joint investigation unit under the EU-US mutual legal assistance treaty to article 5 of the 1997 mutual legal assistance agreement supplemented by article 17b as follows: ' article 17b of the joint investigation teams 1. Joint investigation teams may be created and operate in the Republic of Latvia and the territory of the United States, in order to facilitate criminal investigations or prosecutions involving the United States and one or more Member States of the European Union If the Republic of Latvia and the United States consider it necessary.
2. The arrangements under which the unit operates, such as composition, duration, location, organization, functions, objectives, as well as the participation of members of the unit investigating activities that take place in the territory of another country rather than his country, agreed that the competent authorities are obliged to carry out the investigation or prosecution of criminal offences, as specified by the countries concerned.
3. the designated national competent authorities communicate directly with one another, to create and ensure the operation of the unit, except in cases where countries may decide to use other suitable forms of communication, that is to say, when the complexity of the particular case, its scale or other circumstances, should be more centralised coordination in relation to certain aspects or set.
4. If the joint investigation unit needs investigative measures to be taken in one of the countries that have participated in the creation of the unit, the unit of this State may request their own competent authorities to take those measures, and other countries are not jāie provide a request for mutual legal assistance. The legal standard required to ensure implementation of the measures of investigation in this country, is the standard applicable to the investigative activities in the country. "
Article 7 according to the course of the EU-us mutual legal assistance treaty, article 6, paragraph 1 of article 6, paragraph 3 of article 6, paragraph 4 of article 6, paragraph 5, and article 6, paragraph 6 of the 1997 mutual legal assistance agreement supplemented by article 17c by the following: ' article 17c video conferencing technology for Video 1 is available between the Republic of Latvia and the United States of America States, for questioning the requested State located witnesses and experts in criminal proceedings and mutual legal cooperation. In so far as it does not follow from this article, such cooperation arrangements are applicable to this contract.
2. The requesting and the requested State may be consulted in order to facilitate legal, technical or logistical matters which may arise in connection with the execution of the request.
3. Without prejudice to any jurisdiction in the requesting State law, any intentional false statement or other misconduct of the witness or expert during the course of is punishable in the requested State in the same manner as if such offences would be committed to the State of the internal process.
4. This article is without prejudice to the use of other available means to obtain testimony in the requested State on the basis of the applicable treaty or law.
5. The requested State may allow the use of video conferencing technology for purposes other than the purpose referred to in paragraph 1, including the person or object for identification or investigation report. "
Article 8 this Protocol during Application apply to offences committed before as well as after it enters into force.
This Protocol shall not apply to requests made before its entry into force, except 2, 3, and article 7 of the rules, which apply to requests made before its entry into force.
Article 9 entry into force and termination 1. this Protocol to take effect, is a subject of the Republic of Latvia and the United States for this purpose, the necessary internal procedures have been completed. The Government of the Republic of Latvia and the Government of the United States of America exchange of diplomatic notes indicating that they have completed for this purpose, the necessary internal procedures. This Protocol shall enter into force on the date of entry into force of the European Union and the United States for mutual legal assistance treaty.
2. the European Union and the United States in the event of termination, this Protocol shall cease to be in force and are applicable for the 1997 mutual legal assistance treaty. The Government of the Republic of Latvia and the Government of the United States may agree to continue to apply some or all of the provisions of this Protocol.
Above, the undersigned, their respective duly authorized representatives of the Government, have signed this Protocol.
Be drawn up in two copies in Riga, 2005 December 7, Latvian and English languages, both texts being equally authentic.
The Government of the Republic of Latvia: the Solvit Āboltiņ Minister of Justice on behalf of the Government of the United States of America: Catherine Todd Bailey United States Ambassador in Latvia