Advanced Search

On State Secrets

Original Language Title: Par valsts noslēpumu

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The Saeima has adopted and the President promulgated the following laws: For State secrets article 1. The purpose of the law (1) the purpose of the Law is to define the concept of State secrets, to fix the country's secrecy and the use of the procedure and its protection.
(2) the provisions of this Act do not apply to information that is not recognized as a State secret, but that other laws or regulations of the Cabinet of Ministers for special use and distribution restriction.
2. article. The concept of State secrets (1) State secrets are the military, political, economic, scientific, technical or other information that is included in the list approved by the Cabinet of Ministers and the loss or unlawful disclosure may harm national security, economic or political interests.
(2) State secrets are the subject of State bodies, their officials and employees, as well as other persons in connection with the post (service) or work responsibilities create, acquire, store or use the State secret objects.
(3) the State secret object is information (messages, news set) in any technically feasible form of the fixation that under this Act is acknowledged or can be recognized as State secrets, as well as material object, the object, substance or electromagnetic field, which contains the accumulated, stored, or reflect information that a validly recognized as State secrets.
3. article. State secrets secret (1) information which is a State secret, by importance classified top secret, secret and confidential information.
(2) For top secret such details assert that applies to the country's military, political, economic, scientific, technical, intelligence (Counterintelligence) and operational activities and that the loss or unlawful disclosure may cause: 1) armed aggression against the Republic of Latvia or its allies or the threat of such aggression, national sovereignty real threats;
2) diplomatic relations between the Republic of Latvia the suspension or exclusion from international or intergovernmental organizations;
3) domestic situations of destabilisation, leading to riots, pogroms, acts of terrorism, sabotage or operator, makes it necessary to promulgate in exceptional condition, or the system of civil protection emergency preparedness;
4) national defense plan or sophisticated encryption and intelligence communications system detection;
5) important in the detection of operational development plans;
6) significant non-scientific or technological discoveries.
(3) the secret ranks such information relating to the country's military, political, economic, scientific, technical, intelligence (Counterintelligence) and operational activities and that the loss or unlawful disclosure may cause: 1) the escalation of international relations;
2) transnational relations deteriorated, the result of which is interrupted economic relations or applied economic sanctions against the Republic of Latvia;
3) important military plan or intelligence (Counterintelligence) detection;
4) operational entities work organisation, methods, tactics or operational accounting content discovery;
5) important operational measures in this action plan, or the identity of the persons involved in the disclosure;
6) with national defence and security or certain economic sectors of development-related scientific or technological discoveries.
(4) be recognized as confidential information relating to the military, political, economic, scientific, technical, intelligence (Counterintelligence) and operational activities and that the loss or unlawful disclosure may threaten national interest, causing damage to a specific national institution.
4. article. Information about the recognition of State secrets (1) information and other State secrets constitute a list of the objects, their scope and content, as well as the security storage periods shall be determined by the Cabinet of Ministers, subject to the principles set out in this Act and the rules of classification of information, as well as the National Security Council and the constitutional protection Office. The Cabinet approved and other information about State secrets constitute a list of the object, as well as subsequent amendments to it are considered public documents.
(2) For State secrets can be recognised: 1) on the country's military potential, protection strategies and tactics, defense and mobilization plans;
2) on national security and defence institutions in armament, communications and information systems, logistical support, and its acquisition;
3) on national security and the protection of important structures, equipment, plants, and other objects, protection and evacuation design plans;
4) on national security and defence needs and the types of products the quantity as well as the potential of production;
5) for encryption (codes), encryption systems and hardware;
6) for operational activities, intelligence and Counterintelligence organizations, content, tactics and methods, as well as persons involved in operational activities;
7) for national security authorities and individual departments of the structure of dislocation;
8) of the Ministry of the Interior Department, the national security and defence authorities and the action plans of the State of exception, in the case of riot or for special operations in the fight against organised crime;
9) on State material reserves volume, location and their holders (Librarian);
10) on the national currency and bullion reserve storage and transport;
11) for important government officials guarding and security arrangements and the technical means used;
12) for scientific research, discoveries, inventions, if they have been carried out with the support of the State;
13) on separate national foreign policy activities and strategic direction for external economic relations;
14) on the State secret protection products and techniques.
(3) if the information available to the public, and the development of the project object and the operation of the necessary use of State secrets the information and objects, then use the public prepares general statistical data or other indirect form and is issued only to the extent permitted and used only for the purposes for which allowed their issue.
(4) it is prohibited and other information about State secrets constitute the object in the list the secret information and the status of objects and arbitrary expansion and extension information and objects that have been and are public and available to use.
5. article. Messages that cannot be State secrets prohibited to grant State secret status and limit the availability of information: 1) for natural disaster, natural or other disasters and their consequences;
2) on environment, health, education and cultural position, and the demographic situation;
3) about human rights violations;
4) about crime and its statistics, corruption, illegal activities of officials;
5) on the economic situation of the country, the implementation of the budget, the standard of living of the population, as well as State and local officials and employees of the institutions set the salary stakes, privileges, benefits and guarantees;
6) for heads of State.
6. article. State ownership of the State secret objects (1) the State has the exclusive property rights to State secrets, and they are the objects of special State protection.
(2) State secrets, which is a legal or natural person's estate, the State secret protection can be alienated without the owner's consent, paying out the compensation. The amount of compensation determined by mutual agreement between the parties, but if agreement is not reached, it shall be determined by the Court. Requirements for the determination of the amount of compensation, the Parties shall be released from the payment of legal costs.
(3) State secrets may be the object of a person in possession or in use in such cases and in the order established by the law or regulations of the Cabinet.
7. article. The protection of State secrets (1) State secrets protection is the competent national authority and their officials in the legal, technical and organisational nature targeted action to ensure the preservation of State secrets and prevent its illegal distribution ().
(2) State secrets protection organized by the Cabinet of Ministers. To this end, the Cabinet of Ministers, subject to the principles laid down in the law, to issue rules on State secrets, the object of classification, declassification, registration, storage, issuance, use, transfer, and disposal (in particular, filing) agenda, the documentary of the process design, a special designation code (the code), as well as other technical and organisational measures.
(3) the constitutional protection Office, Ministry of defence, the Military Counterintelligence Service of the Ministry of the Interior security police and the National Guard Headquarters information service these authorities the statutory competence manages, coordinates, controls and carry out State secrets protection measures.

(4) on the regime of secrecy and the protection of State secrets of the national institutions responsible for the institution or the unit concerned leaders within their competence. These officials are responsible for subordinate employees whose work (services) is related to State secrets, should be provided with the suitable conditions in accordance with the provisions of the Cabinet of Ministers. The security mode for the head of the institution concerned may be appointed at the request of the national security staff.
(5) the fourth paragraph of this article shall apply also to other people who are in possession of or use of State secrecy.
(6) foreign, international organizations and their institutions are classified (top secret, secret or confidential) information is received, the transfer and the use of procedures regulated by the Cabinet of Ministers regulations, but the secret mode of circulation in a country controlled by the constitutional protection Office. Such information is protected as a State secret, and none of the sending State or organization without consent is not eligible to downgrade its classification.
8. article. State secrets secret retention periods (1) confidential information is determined in secrecy for five years, secret information — for ten years, top secret information — for twenty years, but information on persons involved in operational activities, for seventy-five years.
(2) for reasons of national security, the Cabinet of Ministers shall be entitled to extend the period of secrecy of certain information, but this information is declassified the total duration may not exceed fifty years.
(3) when a statutory time limit or if the secret information as State secrets lost significance before the deadline, this information is lifted the secrecy and make it available to the public.
9. article. The availability of State secrets (1) approach to State secrets is allowed only to those persons who, in accordance with the post (service) duties or specific job tasks (service) is required to perform work related to State secrets or its protection, and in accordance with this law have received specific permission.
(2) special permission for access to State secrets (hereinafter special permit) may be issued to a person who is: 1) legal capacity and not less than 18 years of age;
2) a Latvian citizen;
3) signed by the saistībrakst that agrees to save and not to divulge State secrets, and agreed that the competent national safety authorities will carry out the necessary checks of the person and the protection of State secrets.
(3) access to State secrets have been denied to the person: 1) which made the denial of Latvian citizenship;
2) whose capacity is restricted in accordance with the procedure prescribed by law;
3) which called the criminally and been convicted for intentional crimes, except where it is rehabilitated;
4) which are or have been the USSR, Latvian SSR or foreign security service (intelligence or counterintelligence service) of the State or a freelance employee, agent, or conspiratorial apartment resident holder;
5) which after the 1991 worked the CPSU (LCA), the Latvian SSR darbaļaužu international front, corporate joint Council, and the work of war veterans organization, all-Latvia Salvation or Committee;
6) which is a medical institution accounting due to alcoholism, drug addiction, or a long toksikomānij illness or whose personal and professional qualities justified calls into question its ability to comply with the requirements of secrecy regime;
7) which is taken in the operative accounting, due to operational development.
(4) on the basis of the State secrets subjects proposal, the constitutional protection Office Director made after testing may allow access to State secrets to individuals that it limits the third part of this article, paragraph 4 of the terms.
(5) if the person is not provided with a special permit, this is sufficient grounds to deny the recruitment of it related to State secrets or protection.
(6) the order in which occurs the classified (top secret, secret or confidential) transmission of information to the representatives of the Republic of Latvia abroad and foreign cooperation, the governing Cabinet.
10. article. Personal check (1) if it is decided the issue of special permits for certain persons in accordance with the procedure laid down in this law, the person checking out the national security authorities identify and give an opinion on whether or not there is this law, in the third paragraph of article 9 of the restrictions.
(2) article 9 of this law in the fourth part of the persons in the cases provided for in the verification arrangements established by the constitutional protection Office Director.
(3) the Parliament, State Chancellery of the President, State Chancellery, State-controlled Bank of Latvia, the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of the economy and the public prosecutor's Office, the person checking out the constitutional protection Office. The constitutional protection Office also performs security mode unit managers check in all institutions.
(4) the Ministry of defence and national armed forces (except the National Guard) the person checking out the Defense Ministry's Military Counterintelligence Service, but national guard National Guard Headquarters-information service. Other institutions the person checking out the Ministry of the Interior security police.
11. article. The special authorization (1) special permit shall be issued for a specified term, but not longer than five years. Special permissions fall into three categories.
(2) a Person's access to top secret information only allowed with special permission from the first category, the secret information — with category 2 special permission, but confidential information — with category specific permissions.
(3) a Person who has a special permit access to the higher level of information is also available at the lower level information.
(4) special permission to accounting, issuance, cancellation and replacement of category order regulated by Cabinet regulations.
(5) a ruling on refusal to issue a special permit or special permit category downgrade may be appealed to the constitutional protection Office Director. The constitutional protection Office Director's decision can be appealed to the Attorney General, whose decision is final and not appealable. It will send the execution of the national security authority.
12. article. The right to use the State secrets (1) the right to use the State secrets for each specific person limited to special permit issued to it, as well as the special cancellation.
(2) the list of posts related to the use of State secrecy and protection shall be determined by the Cabinet of Ministers.
(3) access to State secrets and the right to use your post (service) duties, if not this law, article 9, third paragraph, the limit set in the after the post is: 1) to the President;
2 the President of the Parliament);
3) to the Prime Minister;
4) members of the Parliament;
5) Cabinet members;
6) to the President of the Supreme Court;
7) the Attorney General;
8) State controller;
9) national armed forces Supreme Commander and the Commander;
10) National Guard Commander;
11 the constitutional protection Bureau) Director, Department of Defense Military Counterintelligence Chief, National Guard Headquarters Intelligence Chief, Interior Ministry Security Chief;
12) the Governor of the Bank of Latvia.
(4) access to State secrets and the right to use it in the performance of his duties is the Saeima Parliamentary Inquiry Commission appointees.
(5) access to State secrets and the right to use their competence is the criminal driver (cognition, the perpetrators, the Prosecutor, the judge) through the pre-trial investigation and court proceedings in criminal matters, in particular related to State secrets. Persons participating in the investigation of such cases and the legal proceedings and have the right to acquaint himself with all the documents, are writing to alert about the obligation to keep state secrets and the responsibility of the State for unlawful disclosure of secrets. This also applies to persons participating in proceedings in a civil case, if it is related to State secrets.
(6) State secrets prohibited unlawfully disclosed or used for purposes other than your post (service) duties or specific tasks.
13. article. Special authorizations (1) the special authorization shall be cancelled if: 1) a person exempted from service or related to State secrets or its protection;
2) person violated the procedures set out to work with State secrets, its use and protection;
3) is revealed in the circumstances specified in article 9 of this law, in the third paragraph;
4) has shown that the person itself provided deliberately false statements.

(2) if the officer or employee on the basis of the first paragraph of article 2. — paragraph 4, is cancelled special permit or special permit is extended, it has reasonable grounds for believing that that person does not match the title post related to State secrets or its protection. Such a person from a position in the (service) are immediately exempted or troop's work that is not related to State secrets, and further denied to get special permissions.
(3) business (service) termination by the person in connection with the duties of the job was available to State secrets, does not exempt the person from the obligation to keep state secrets and the responsibility for its unlawful disclosure.
(4) a decision on the withdrawal of the authorisation of special person can appeal to the article 11 of this law the fifth part.
14. article. Personal obligations to State secrets (1) a Person who is entitled to carry out work related to State secrets or its protection, is personally responsible for laws and regulations of the Cabinet of the State secret protection requirements, a certain secret mode and especially the record-keeping rules.
(2) If this Act has occurred. the third paragraph of article 9 of these conditions that prevent a person access to State secrets, they are obliged to immediately inform the institution which has issued the special permissions.
(3) the State secrets in the event of the loss of the object state secrets the entity shall immediately notify the relevant national security authority and carried out in cooperation with the lost object search, as well as the measures necessary to prevent or reduce the damage that may occur due to the disclosure of State secrets.
15. article. Responsibility for the use of the State secrets or violation of the terms of protection (1) a Person who by their acts and omissions violated State secrets or its provisions for the protection, is called to the disciplinary or criminal liability in accordance with the procedure prescribed by law.
(2) the procedure for the investigation of service in such cases shall be laid down by the Cabinet of Ministers.
Transitional provisions 1. Cabinet of Ministers 1996 December 15 draw for the execution of this law, the necessary legislation.
2. Persons who currently occupy positions associated with the use of the State secrets and protection, within three months after the date of entry into force of the law must receive special permission for access to State secrets, subject to the terms of this law, or they are capable of work that is not related to State secrets.
The law shall enter into force on 1 January 1997.
The Parliament adopted the law of 17 October 1996.
1996 in Riga on October 29, President g. Ulmanis