Amendments To The Diplomatic And Consular Law

Original Language Title: Grozījumi Diplomātiskā un konsulārā dienesta likumā

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The Saeima has adopted and the President promulgated the following laws: diplomatic and consular law in diplomatic and consular law (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1995, nr. 22; 1998; 2000, no. 14, no. 13; 2001; 2003, 21 no, no 6) the following amendments: 1. Turn off all over the words in the law, "officials of the candidate" (the number and fold).
2. To replace the words "the whole law the law on" civil "(fold) with the words" civil law "(fold).
3. Replace the words "the whole law of the Latvian labour code" (the fold) with the words "employment law" (fold).
4. Make article 3 by the following: ' article 3. Persons exercising diplomatic and consular staff and occupy the diplomatic and consular posts (1) diplomatic and consular posts filled by persons who occupy positions of officials in the central apparatus of the Ministry of Foreign Affairs or diplomatic and consular representations abroad (hereinafter diplomatic and consular posts) and to which is assigned the diplomatic rank in accordance with this law, 9, 10, 11 and 12. Diplomatic and consular services are also subject to persons previously granted diplomatic rank in accordance with this law, article 9 and 12 and made the country's highest officials (the President, the Prime Minister, the President of the Parliament) 's Foreign Affairs Advisor.
(2) the Cabinet of Ministers may establish a diplomatic and consular posts, which may hold persons who are not civil servants. In this case, the persons referred to in the contract of employment is concluded.
(3) of this article, the persons referred to in the first and second subparagraphs below the text of this law are called — diplomats.
(4) a Person who occupies a position in the central apparatus of the Ministry of Foreign Affairs or diplomatic and consular representations abroad, but not granted diplomatic rank under the law, carry out diplomatic and consular officials or staff functions. Diplomatic and consular officials and employees may accept the diplomatic and consular services and to appoint, in accordance with this law, article 7 and 12.
(5) to the diplomatic and consular posts of officials eligible persons who are not or have not been the USSR, Latvian SSR or foreign security services, intelligence services or counterintelligence services of the State or freelancers, agents, residents or conspiratorial apartment (segorganizācij in any of its forms) holders.
(6) persons who are not officials, attending to diplomatic and consular posts and to occupy the diplomatic and consular posts, if they are citizens of the Republic of Latvia and are not or have not been the USSR, Latvian SSR or foreign security services, intelligence services or counterintelligence services of the State or freelancers, agents, residents or conspiratorial apartment (segorganizācij in any of its forms) holders. "
5. Supplement article 4 with a fifth by the following: "(5) diplomatic and consular representations is a unit of the Ministry of Foreign Affairs."
6. To make article 7 by the following: ' article 7. Verification of the suitability of tenderers and the acceptance of diplomatic and consular service and appointment to posts of officials (1) To Attaché in diplomatic rank eligible diplomatic and consular posts of the Ministry of Foreign Affairs to issue a public call for candidates in the "journal". Invitation to tender with the State civil service law article 8, second and third part.
(2) the applicant for compliance with the diplomatic and consular posts shall assess the applicant selection and assessment Commission (hereinafter the Commission). The Commission shall establish and approve the State Secretary, Ministry of Foreign Affairs.
(3) the applicant shall be appointed by the State Secretary, Ministry of Foreign Affairs, setting a probationary period not exceeding six months. Applicant who is appointed to the position of the officials for the first time, determined by the probation for six months.
(4) Before the end of the trial period the attestation Commission of the Ministry of Foreign Affairs (hereinafter referred to as the attestation Commission) decides on the conformity of the applicant. If the attestation, the Commission adopted the decision that the applicant meets the post, it suggests the Minister of Foreign Affairs to grant applicant ranking. Attaché
(5) If the attestation, the Commission shall decide that the applicant does not meet the post, then, upon the expiry of the test, the applicant is released from Office as a test not passed.
(6) the attestation Commission created and approved by order of the Minister of Foreign Affairs. The attestation Commission shall examine questions about the eligibility of tenderers and official diplomatic service, on diplomats and diplomatic and consular officials and the transfer of employees, about the diplomatic rank of the promotion, demotion, forfeiture or conservation, of diplomats, diplomatic and consular officials and staff qualifications.
(7) the Minister of Foreign Affairs approved the Statute of the Commission and of the attestation of the instructions on the procedures to be taken in the selection of diplomatic and consular service of the open competition.
(8) the conformity of the applicant for inspection officials and officials of the applicants shall be appointed under the Civil Service Act. "
7. Express article 8 by the following: ' article 8. Diplomats, diplomatic and consular officials and staff activities and outcomes assessment and training (1) Attestation Commission diplomat, diplomatic and consular officials and employees act and its results, if diplomats, diplomatic and consular official or employee logged on to participate in a closed competition for a new job (service), if the attestation is necessary for the Commission to take a decision on the diplomats, diplomatic and consular officers or employee's transfer from a foreign country to another representation of the representation of the foreign country as well, before a decision on the diplomatic rank of the promotion. The attestation, the Commission may also specify other reasons diplomats, diplomatic and consular officials and staff activities and outcomes assessment.
(2) the Ministry of Foreign Affairs, on the basis of the Cabinet officials ' activities and outcomes assessment procedures and subject to the diplomatic and consular service, issued instructions for the diplomats, diplomatic and consular officials and staff activities and outcomes assessment.
(3) diplomats, diplomatic and consular officials and employee training organised by the Ministry of Foreign Affairs. "
8. in article 9: article name be expressed as follows: "article 9. Diplomatic posts and diplomatic ranks;
to supplement the article with a new first paragraph as follows: "(1) diplomatic and consular service of the civil servants ' positions, according to the responsibilities determined by the Ministry of Foreign Affairs."
consider existing first, second and third respectively for the second, third and fourth.
9. Article 11 shall be expressed by the following: ' article 11. Arrangements for the appointment of specialised attachés and the abolition of it, as well as in accordance with the diplomatic rank of the award (1) the specialist is the diplomatic mission of the Attaché specially authorised officer who performs certain diplomatic functions according to the Saeima, the concerned Ministry or the scope of the Bank of Latvia.
(2) specialised Attaché (defense, maritime, aviation, justice, the Interior, economy, trade, culture and other) shall be appointed and shall be repealed from the Parliament, the Ministry or the Bank of Latvia after the written coordination with the Foreign Ministry. They granted diplomatic rank of Minister for Foreign Affairs at the Parliament, the Ministry or the Bank of Latvia.
(3) defence attaché posts relevant rank that falls into grades according to article 9 of this law are as follows: position rank grade III 1. ranking defense Attaché grade IV Adviser 2. defence attache of the rank of first Secretary grade 3 rank V defence attaché grade VI, Second Secretary Assistant defence attaché, Third Secretary (4) sectoral ministries of the Saeima, the Latvian banks or specialized Attaché posts relevant rank in who are to be broken down into stages in accordance with article 9 of this law, is Advisor, first Secretary and Second Secretary, but specialized Attaché Assistant post in the corresponding rank of third Secretary. "
10. Express article 12 of part two of the second sentence as follows: "the closed competition participate in the diplomats, diplomatic and consular officials and employees."
11. in article 15: to complement the article with a new third and fourth subparagraph by the following: "(3) the responsibility of the Ministry of Foreign Affairs also included those diplomats who are moving up the spouse — diplomats, diplomatic and consular official or employee — to the place of representation abroad. In this case, the diplomatic rank is maintained for all spouses of foreign service.
(4) the responsibility of the Ministry of Foreign Affairs for a period of up to five years after the attestation Commission may reinstate diplomats approved for work in international organisations to which the Republic of Latvia is a Member State. ";

consider the third part of the fifth.
12. Supplement article 16 paragraph 4 with the following: "4) while the diplomat is in charge of the Ministry of Foreign Affairs, in accordance with article 15 of this law."
13. in article 17: replace the words "paragraph 1 of article 7" in the fourth paragraph by the words "article 7" the fifth part;
make paragraph 3 by the following: "3) If a diplomat, diplomatic and consular officer or employee does not meet the Minister of Foreign Affairs or the Ministry of Foreign Affairs, the Secretary of the order of transfer from one department or office location to another."
14. Express the title of chapter III, the following: "chapter III diplomats, diplomatic and consular officials and staff limitations, rights and guarantees".
15. Express article 18 as follows: "article 18. Limitations to participate in business restrictions to participate in business, as well as other restrictions on diplomats, diplomatic and consular officials and employees shall determine the special law. "
16. Article 19: put the title and first paragraph as follows: "article 19. Pay and allowances of diplomatic rank (1) diplomats, diplomatic and consular officials and employees receive a salary, benefits, allowances and bonuses under civil law or labour law, in so far as they are not determined by this law. Diplomats received a premium for diplomatic rank within the Cabinet. ";
to turn off the second part.
17. Article 20 be expressed as follows: "article 20. Benefits and compensation (1) going to the service or post and returning from abroad, as well as going on a vacation to Latvia in the current and coming back to the service or post, diplomats, diplomatic and consular official or employee and his spouse and minor children (family members) are compensated for travel and removal expenses in accordance with the State Secretary of the Ministry of Foreign Affairs confirmed the instructions. Attaché for the road and the specialized removal expenses are compensated for by the Saeima or the Bureau of the Executive Board of the Bank of Latvia established or under Secretary of the Ministry of industry approved instructions.
(2) when a diplomat, diplomatic and consular official or employee or specialist Attaché serves abroad, he/she is subject to the following benefits: 1) salary allowance for service abroad;
2 benefits of spouse) the stay abroad;
3 allowance for children) the stay abroad;
4) allowance for the purchase of household equipment, moving to the place of employment abroad;
5) benefits the service needs to be used to cover travel expenses.
(3) when a diplomat, diplomatic and consular official or employee or specialist Attaché serves abroad, he/she shall compensate for the following expenses: 1) apartment rent and utilities;
2) children of school expenses.
(4) the second and third subparagraphs that allowance and reimbursement of expenses and the cost of some order in the place of the service-specific conditions in foreign countries is determined by the Cabinet of Ministers. "
18. off 21.
19. in article 22: put the article title and the first paragraph by the following: ' article 22. Health insurance, accident insurance and warranty (1) the Ministry of Foreign Affairs in addition to the mandatory statutory social insurance for all diplomats, diplomatic and consular officials and employee health insurance. Foreign Ministry diplomats do, diplomatic and consular officials or employee accident insurance and diplomats, diplomatic and consular officials and family members of employees health insurance, if the service or the place of performance of a position abroad. Insurance amount shall be the attestation Commission budget allocated to the Ministry of Foreign Affairs. Specialized insurance parliamentary Attaché, Ministry of industry, the Bank of Latvia or its allocated budget. ";
to supplement the article with the third part as follows: "(3) Diplomats, diplomatic and consular officials or employees or specialized Attaché or if the death of the diplomat, diplomatic and consular official or employee or the dedicated Secretary died in the performance of official duties, or his family receive State benefits provided for in the civil service law. Diplomats, diplomatic and consular officials or employees or specialized Attaché or if the death of the diplomat, diplomatic and consular official or employee or the dedicated Secretary died in the performance of the service or the responsibilities of his family abroad, in addition to civil legal benefit receive a lump sum payment of two months ' salary allowance for service abroad. If a diplomat, diplomatic and consular official or employee or the dedicated Secretary died in the performance of the service or the responsibilities of his family abroad, in addition to civil legal benefit receive a lump sum payment of ten months of salary allowances for service in foreign countries. "
20. Make article 23 by the following: ' article 23. Benefits, allowances and compensation, taxation of 20 and 22 of this law in article benefits, allowances and compensation are not subject to statutory duties and other mandatory payments. "
21. transitional provisions be supplemented by 1.1 point as follows: "article 20 of the Act 1.1 the fourth part shall enter into force by January 1, 2004, and the provisions laid down therein, the Cabinet of Ministers issued before January 1, 2004. To the Cabinet of Ministers regulations for the entry into force of this law, article 20, second and third subparagraphs of this allowance and reimbursement of expenses shall be determined by the State Secretary, Ministry of Foreign Affairs according to the law on the State budget for the current year approved funds. Specialized benefits and expenditure attachés compensation up to the date of entry into force of the rules for the Parliamentary Bureau or industry Ministry State Secretary under the law on the State budget for the current year approved funds. "
The Parliament adopted the law of 30 October.
State v. President Vaira Vīķe-Freiberga in Riga 2003. on 14 November, the Editorial Note: the law shall enter into force on the 28th November, 2003.

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