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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) export, import or transit licence — issued by the controlling authority is an internationally recognized document that the sample strategic movement holder gives the right to carry out strategic goods export, import or transit;
2) end use certificate-approved control bodies document (certificate), by which the strategic movement of goods subject to the exporter certifying that the imported strategic goods will be used only for specified purposes and will not be passed to third parties;
3) delivery control certificate: document issued by the control authority of the importing country exporting country authority and is a certified strategic commodities;
4) 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;
5) strategic goods, systems, equipment, components, materials, chemical substances, articles, software, and technology that include strategic goods control Committee approved the strategic goods lists;
6) strategic movement of goods — strategic exports (including exports of intangible technology), import, transit, sales, production, development, storage, use, servicing and brokering;
7) strategic movement subjects — merchants, private or public undertakings, national regulatory authorities, financed from the national budget authorities and the companies that export, import, transit, move the produced, developed, used, disposed or stored by the strategic goods;
8) strategic trade brokering, mediating transaction with a strategic product, made by komecreģistr in the Republic of Latvia or in the register of companies registered trader or businessman or Latvian citizens or permanent residents of a foreign country registered company or company.
2. article. The purpose of the law (1) this law aims to ensure the strategic control of the movement of goods, according to the Latvian National and international interest, international export, import and transit control requirements and to prevent nuclear, chemical, biological and other weapons of mass destruction and their means of delivery.
(2) the strategic movement of goods in accordance with this Act and other strategic goods movement-regulating laws.
Chapter II the strategic goods control institutions article 3. Strategic goods control Committee (1) strategic trade control Committee (hereinafter the Committee) of the Republic of Latvia is the national strategic body for control of the movement of goods.
(2) the Committee is established by the Cabinet of Ministers order, is subject to the Cabinet and to act 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 to international inspection or foreign export control authorities participation take strategic control of the movement of goods.
(4) the Committee shall be entitled to withdraw or to refuse strategic goods export, import or transit licence or international import certificates for strategic movement subjects who repeatedly violate the strategic movement of goods.
(5) the Committee shall immediately inform the State revenue service, the State security police and the police if you suspect that the exporter or goods in transit 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.
(6) the Committee is obliged to provide to the States or international organisations information on strategic movement of goods and for export or transit licence refusals, if provided for in bilateral or multilateral arrangements.
(7) the Committee supports the protection of the information in accordance with laws and regulations.
4. 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 shall take the constitutional protection Office, State police, security police, the State revenue service's main customs administration, the radiation safety Centre, State environmental inspectorate and other strategic goods movement related State institutions.
Chapter III strategic goods control documents and the procedure for the issue of article 5. Strategic goods control service and general provisions (1) strategic goods export, import and international transit licences, import certificates, end-use assurances and delivery control certificates strategic movement subjects issued by the Committee. The order in which the Committee shall refuse to issue or revoke the strategic goods control documents, as well as fees for strategic goods export, import and transit licences is determined by the Cabinet of Ministers.
(2) strategic goods imported to the territory of the Republic of Latvia or exported from on time are not charged duty.
6. article. The Republic of Latvia, international import certificates and end-use declaration prior to the strategic goods import strategic goods subject Committee of the Republic of Latvia receives international import certificate (hereinafter import certificate) or proof of final uses, if the exporting country export control authorities.
7. 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 the import certificate of the importing country or end use certificate, or similar document, if the laws of the importing country provides.
(2) If a foreign import certificates, end-use certificate or similar document is not in English, German, French or Russian strategic movement holder shall submit to the Committee its notarized translation into the national language.
(3) on the basis of information on importing countries, strategic commodities and goods in the nature of the end user, is entitled to impose exceptions when foreign import certificate, end use certificate or similar document is not required.
(4) if the goods representing the Government of the importing country of the end user, you need national approval of the Ministry of Foreign Affairs that the person is entitled to act on behalf of the State.
8. article. Strategic goods export, import or transit licence (1) for each strategic goods export, import or transit transaction requires a license issued by the Committee.
(2) in order to get the sources (including nuclear) export, import or transit licence, strategic movement of goods subject to additional laws and regulations required in accordance with the procedure laid down in the radiation Security Center issued a special permit (license) for individual business lines.
(3) for the European Union of 17 November 2003 on the common military list 2003/C314/01 that military goods export, import or transit licence, strategic movement of goods subject to additional laws and regulations required in the order of the Ministry of Defence issued a special permit (license) for individual business lines.
(4) the strategic transit requires a license, even if the person who performs strategic brokering of goods, moves the strategic goods in transit without entry to the territory of the Republic of Latvia, but, if the goods are in the European Union of 17 November 2003 on the common military list 2003/C314/01 that military goods, strategic commodities broker in addition to laws and regulations required in the order of the Ministry of Defence issued a special permit (license) for individual business lines.
(5) the Committee of the issue with the public administration, which issued a special permit (license) for individual business lines. The national regulatory authority, within three working days after receipt of the request by the Committee gives consent to issue or not to issue a license for a recommendation.
9. article. Delivery control certificate issuance

(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.
10. article. Expert inquiries If 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 Committee's 20 working days after the strategic movement of goods subject to the receipt of the request, or are they determined strategic goods. If the examiner determines that the item is not a strategic product, the Committee shall issue the strategic movement of goods subject to the inquiry.
Chapter IV, strategic exports, imports and transit of article 11. Weapons, arms and ammunition into the country needs an Import licence is not required when the national armed forces, the prison administration of the Ministry of the Interior or imported into the European Union of 17 November 2003 on the common military list 2003/C314/01 that military goods accordingly, Minister for defence, the Minister of Justice, Minister of the Interior or an international agreement under the procedures laid down, without the mediation of economic operators. In this list of firearms and ammunition import procedures determined by the law of Arms.
12. article. Strategic transit transit license is required if strategic movement subjects (also as carrier) is not registered in the enterprise register of the Republic of Latvia and the load connected to the authorities of the exporting country, issued an export licence or an export certificate or similar document and import license of the importing country or import certificate or proof of final uses. In such a case, the Customs shall detain the shipment, check them and these documents by fax sent to the Committee. The Committee shall examine the documents and on the same day, by phone or by fax shall notify the Customs about the decision to allow the transit of cargo or suspend the shipment.
13. article. Strategic goods export, import and transit arrangements (1) each individual strategic goods export, import and transit cargo may cross the State border of the Republic of Latvia only with the Committee the issue of export, import or transit licence, with the exception of this law, in article 11 and 12, as well as of 22 June 2000, in Regulation No 1334/2000 on the European Union's establishment of a regime for the control of exports of dual-use items and technology means.
(2) the expected border crossings and inland Customs Office, the Committee indicates the relevant licence.
(3) strategic goods should only State revenue service established in the customs warehouse.
(4) the strategic goods movement associated with the storage in a customs warehouse for more than five working days, within the meaning of this law are not considered as transit, and the export of goods from the territory of the Republic of Latvia after their storage in a customs warehouse for more than five days is considered an export.
(5) the strategic goods for re-exportation without Committee issued export licences required goods in the country of export license, if provided for under national law.
Chapter v strategic movement control the competence of the institution article 14. Chemical control of 29 April 1997 of the chemical weapons production, distribution, storage and use of their destruction and the Convention for the prohibition of chemical list no 1, no 2 and no 3 referred to the movement of goods controlled by the Committee and the procedure laid down in the laws, the State environment inspectorate.
15. article. Dual use goods control of 22 June 2000, Regulation No 1334/2000 on the European Union's establishment of a regime for the control of exports of dual-use items and technology referred to in annex 1. movement of goods controlled by the Committee, but the 0 category ("nuclear material and installations") goods referred to in the laws and established control of the radiation safety Centre.
16. article. Weapons, arms and munitions control in the European Union of 17 November 2003 on the common military list 2003/C314/01 this military movement control and legislation Committee in the order — 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 of, or in connection with the missile development, production, maintenance or storage, capable of delivering such weapons , strategic movement holder must inform the Committee. The Committee shall decide whether the goods require export or transit licence.
(2) the strategic movement of goods subject to duty of strategic goods export, import, transit or brokering-related documents be kept for three years after their receipt or its dissolution.
(3) the strategic movement of the entity is obliged to immediately notify 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 the entity is bound by 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.
The transitional provisions of the strategic goods export, import and transit licences issued before the entry into force of the law, in force and do not need to re-register.
The law shall enter into force on 1 May 2004.
The law adopted by the Parliament in 2004 on April 7.
State v. President Vaira Vīķe-Freiberga in Riga 2004 April 23 editorial Note: the law shall enter into force on 1 May 2004.