Cabinet of Ministers Regulations No. 171 in Riga on March 11, 2008 (pr. No 16) on the Ministry of Interior of the Republic of Latvia and the United States Department of Homeland Security Memorandum of understanding on the United States under the visa waiver program and the related increased the security measures Issued under Cabinet installations article 14 of the law, first paragraph, point 3, 1. The Republic of Latvia and the Ministry of the Interior of the United States Department of Homeland Security Memorandum of understanding for the United States visa waiver program and the related increased the security measures (hereinafter the memorandum of understanding) with these terms are accepted and approved. 2. the validity of the memorandum of understanding establishes the C section. Prime Minister i. Godmanis Interior Minister-Minister of Foreign Affairs Mr Riekstins project is accepted and approved by the Cabinet on March 11, 2008. Regulations No 171 of the Republic of Latvia and the Ministry of the Interior of the United States Department of Homeland Security Memorandum of understanding for the United States visa waiver program and related enhanced security measures following the Ministry of Interior of the Republic of Latvia and the United States Department of Homeland Security (hereinafter together referred to as "the parties") wish to facilitate their journey between citizens; Pursuant to the parties ' desire to strengthen their security, including introducing new ways to detect and prevent terrorist travel; Pursuant to the parties ' belief that travel between the two countries be held lawfully and in accordance with national legal requirements, including the requirements of immigration; Taking into account the obligations of the Republic of Latvia to the European Union and European Community law; Pursuant to the parties ' belief that the agreement on the participation of the United States under the visa waiver program (BVP) will encourage the citizens of the two countries and strengthen their mutual visits. Subject to proof of the parties that this memorandum of understanding will be based on parity, equity and equality principles; Having regard to the Act of 2007 "On the September 11 Commission's recommendations for the introduction of" 711. Article, which reforms the BVP, expanding the opportunities to engage in if certain heightened security requirements; and desiring to reach an understanding on these safety requirements; The parties agree on the following: a. General commitments: 1. Visa refusal rate of three percentage requirements for abolition: If the Republic of Latvia and the Republic of Latvia and the Ministry of Interior of the Republic of Latvia of the other competent authorities implement the memorandum of understanding referred to in the context of security, u.s. Homeland Security Secretary, in consultation with the US Secretary of State, and in accordance with the other provisions of the domestic law of the UNITED STATES (including immigration and citizenship law in article 217 c) part 8) rules) expresses its intention, as regards the Republic of Latvia to cancel the statutory requirement that the State, to the participation of designated BVP, visa refusal, the proportion of its citizens in the previous fiscal year shall not exceed three percent (3%). 2. the implementation of the memorandum of understanding: the Ministry of the Interior of the Republic of Latvia expresses the intention to conclude the necessary enforcement arrangements with the United States authorities to comply with the memorandum of understanding these security obligations. If the Interior Ministry is not the competent authority these commitments, it expresses the intention to cooperate with the competent authorities of the Republic, to conclude the following agreement execution. This performance agreement include the exchange of information on passengers and other issues, the review of information on known terrorists or persons who are suspected of terrorism, information terrorism and serious crime, information about immigration, and these agreements should ensure the dissemination of information in the Government of the United States with the relevant privacy and data protection guarantees. Such agreements shall be concluded by the execution in accordance with their respective national laws and international commitments, including the commitments of the Republic of Latvia resulting from membership in the European Union. 3. Evaluation of the initial and subsequent inclusion of the Republic of Latvia: prior to BVP means for U.S. State BVP Department of Homeland Security, in consultation with the U.S. State Department, expressing the intention to evaluate the incorporation of Latvia will affect United States national security, law enforcement and immigration interests. Both parties believe that the Republic of Latvia may be included in the programme, provided that these interests will not be compromised. Periodically (but not less often, than once every two years) the U.S. Department of Homeland Security, in consultation with the U.S. State Department, expressing the intention to evaluate the incorporation of Latvia will affect United States national security, law enforcement, and immigration interests of the implementation, and determine if the Republic of Latvia may continue membership. Making the initial and continuing review for inclusion in the program, will be taken into account, in addition to other immigration and citizenship law in article 217 of the listed factors, as the Ministry of Interior of the Republic of Latvia and the Republic of Latvia of the other competent authorities implement this memorandum of understanding these security obligations. 4. Technical facilities and the law: the Ministry of the Interior of the Republic of Latvia expresses the intention to collaborate with other Latvian authorities competent to manage and maintain all records, systems or programs that need referred to in this memorandum of understanding security commitments. Ministry of Interior of the Republic of Latvia expresses the intention to make every effort to enforce this security referred to in the memorandum of understanding. B. security commitments: 1. The electronic travel authority (ECA) system: a. in accordance with the 2007 law "Of the September 11 Commission's recommendations for the introduction of" article 711, the Homeland Security Department expresses the intention to develop and implement an electronic travel authority (ECA) system to electronically store the biographical and other information as deemed necessary by the Secretary of Homeland Security, before travelling to to determine whether the citizen of the Republic of Latvia has the right to go to the United States without a visa, and if there are BVP law enforcement or security risks of allowing a citizen to go to the United States without a visa within the BVP. (b) introducing system ECU, Ministry of Interior of the Republic of Latvia is aware that all citizens of the Republic of Latvia who are coming to the United States on business or as tourists, BVP will have to use the ECU system. c. along with other of their competent national authorities and, in cooperation with the travel and tourism industry, the parties expressed an intention to implement a joint information campaign to ensure that the citizens of the Republic of Latvia, going to the United States, BVP aware to use the ECU system, and provide information on how system models. 2. Exchange of information: (a) Ministry of the Interior of the Republic of Latvia, together with the other parts of the Republic of Latvia expresses its intention to the competent authorities to cooperate with the United States Department of Homeland Security to provide personally identifiable information to use in determining whether a person who intends to go to the United States, threatening the national security of the United States, the implementation of the protection of the rights and interests of immigration. To facilitate such cooperation, the Ministry of Interior of the Republic of Latvia expresses the intention to cooperate with the competent authorities of the Republic to the United States Government authorities closed A section of this memorandum of understanding referred to in paragraph 2 of the implementing agreement. The parties express the intention to cooperate in any law enforcement, immigration or other investigation or legal proceedings, if any, section 2 (B). launched a bottom point. the information referred to in use, and under existing or future legal assistance agreements and arrangements between the two countries and the international commitments of the country. (b) expresses the intention of the parties. to collect, analyse, apply and share the original passenger information (SPI) in accordance with the relevant national legislation. (c) expresses the intention of the parties. to collect, analyze, use and exchange of passenger name record (PNR) information respecting the relevant national legislation and international commitments, including the 2007 July 26 signed EU-us agreement on passenger name record. d. the following information exchange purposes, the Ministry of Interior of the Republic of Latvia and the United States Department of Homeland Security expressed his intention to comply with the necessary and proper in the privacy and data protection safeguards provided for in the relevant national legislation and comply with the international obligations of States. 3. reporting lost and stolen passports (NZP): a. regardless of the exchange of information with Interpol, the Ministry of Interior of the Republic of Latvia, along with other competent authorities of the Republic of Latvia, expresses the intention to announce data on lost and stolen passports forms and issued passports. These data must be notified within 24 hours after the Government authority in charge of for data tracking and monitoring NZP, recorded the loss or theft of passport. These data must contain at least the following information: i. the number of the document; II. document type; III. the status of notified (lost, stolen, stolen form owner, cancelled); The data should also include the following information, if available: (iv). the date of issue, if not the Passport form; v. the expiry date, if not the Passport form; vi. loss, theft or cancellation date; VII. the place where the theft or loss occurred. b. the Ministry of the Interior of the Republic of Latvia expresses the intention to designate a contact point, which will be available continuously and be able rapidly to assist U.S. Department of Homeland Security and the U.S. State Department to address questions about the possibly lost or stolen passports, which are reported in the United States Government authorities as identity documents. This contact should have access to passport issuance and NZP information maintains such data storage and management the responsible national authority, and be able, usually 4 (four) hours, or to acknowledge the individual is the holder of this Passport. c. Ministry of the Interior of the Republic of Latvia expresses intention to announce within 24 hours of the update of the data, which recognized NZP for mistakes. Ministry of Interior of the Republic of Latvia also expresses the intention of 24 hours to communicate any changes to previously passed deletion or data in NZP to exchange information on analysis of data trends and NZP and submit to U.S. Department of Homeland Security and the U.S. State Department for its national passport samples. To facilitate compliance with these reporting standards and deal with any reporting arrangements with related issues, the Ministry of Interior of the Republic of Latvia expresses the intention to create a focal point for policy planning NZP level institution, which is responsible for the data transfer to the NZP. 4. the readmission of illegal immigrants: a. the Parties shall, within the framework of its national and international law, expresses the intention to take the necessary measures to ensure that the Republic of Latvia and the United States, within 21 days of receipt of the notification that the order issued, taken back by any citizen or former citizen, who issued a final expulsion order. For the purposes of applying this paragraph, expresses the intention of the parties as necessary to consult on specific cases. This memorandum of understanding between the Republic of Latvia "former citizen" is the person who lost the citizenship of the Republic of Latvia after 22 July 1994 and loss of citizenship of the Republic of Latvia during or after they have had no other nationality. (b) the U.S. Homeland Security Department expresses the intent of their statutory mandate to provide the Ministry of the Interior of the Republic of Latvia for the necessary information on the back of the person to be captured, including information about the identity of the person and the reason for the expulsion as soon as permitted by law, the conditions of expulsion proceedings. c. Ministry of the Interior of the Republic of Latvia expresses the intention of the person concerned to confirm the identity and citizenship within 21 days after the U.S. Department of Homeland Security, as referred to in paragraph 4 of section B (b), will provide the information necessary for identification of the person liable for the back. 5. Increased requirements for travel documents: (a) Ministry of the Interior of the Republic of Latvia expresses the intention to issue a travel document for a central authority which is subject to strict audit and reporting procedures in accordance with national legislation. Without undue delay, the Interior Ministry of the Republic of Latvia expresses the intention to inform the Department of Homeland Security about the audit findings, which can or could compromise the security of travel documents, or the issue of such documents. The parties express the intention to protect from unauthorized disclosure any information obtained as a result of such audit. b. the Ministry of the Interior of the Republic of Latvia in cooperation with the Republic of Latvia expresses its intention to the competent authorities to continue the issuance of travel documents that comply with ICAO requirements. c. Ministry of the Interior of the Republic of Latvia in cooperation with the Republic of Latvia expresses its intention to the competent authorities to issue a travel document for which it granted during development in particular, unique identification numbers. d. the Ministry of the Interior of the Republic of Latvia is aware that in the event of the Republic of Latvia take to enter the U.S. under the BVP BVP will only those citizens of Latvia who have electronic passports (machine-readable passports that contain both a digitized photograph, and electronically readable element with the relevant travel document data). 6. Airport security: expresses the intention of the parties to cooperate with the Government authorities, to ensure the security of airports and air carriers to the security measures at the airports of the countries concerned compliance with 2007 25 April 2007 in Brussels and 30 April in Washington signed the air transport agreement between the European Community and its Member States, of the one part, and the United States of America, on the other hand, requirements. 7. air traffic safety officers: Ministry of Interior of the Republic of Latvia expresses the intention to develop and implement a road safety program for employees that meet the accepted standards of the parties. If you create a direct air travel between the United States and the Republic of Latvia and the United States Department of Homeland Security Transportation Security Administration and the Ministry of Interior of the Republic of Latvia, the Ministry of the Interior of the agreement expresses the intention to allow u.s. federal air safety-employees to operate and carry weapons legally allowed flights by U.S. carriers to Latvia, from Latvia and crossing the Latvian air space. C. JURISDISK force: the above Memorandum of agreement and reflects the good will of the parties intentions. None of the provisions of the memorandum of understanding is not legally binding on the parties, in accordance with national or international legislation. This memorandum of understanding is explained as such, which would create any right or benefit, substantive or procedural, enforceable by law or otherwise, as between the parties or any third party against the party, the superior instances, the United States, the Republic of Latvia, or officials, employees, agents or other persons associated with them. A memorandum of understanding that is not interpreted as such, which would affect the Republic of Latvia and the United States, as provided for in national law, the parties ' rights and obligations, or the rights and obligations deriving from the membership of the two countries in international treaties and agreements, including obligations arising from membership of the Republic of Latvia in the European Union. Signed in Riga, 2008. ___ March in two original copies in the English language.
The Republic of Latvia to the United States the Ministry of the Interior on behalf of the Homeland Security Department's name................................................... "


Memorandum OF UNDERSTANDING BETWEEN the MINISTRY OF the INTERIOR OF the REPUBLIC OF Latvia AND the Department OF HOMELAND SECURITY OF the UNITED STATES OF America REGARDING the UNITED States VISA WAIVER program AND ENHANCED SECURITY MEASURE-RELATED whereas the Ministry of the Interior of the Republic of Latvia and the United States Department of Homeland Security (hereinafter collectively "the participants") wish to facilitat the travel of citizens of their respectiv between their two countries; Whereas the participants desire to enhance the security of their two countries, including by deploying new capabilities to detect and prevent terrorist travel; Whereas the participants believe that travel between their respectiv in countries should be conducted lawfully and consistent with the domestic legal requirements, including the immigration requirements of their respectiv in countries; TAKING note of the obligation of the Republic of Latvia under European Union and European Community law; Whereas the participants have determined that through the participation in the UN concerning the United States Visa Waiver Program (VWP) would both of their respectiv facilitat travel of citizens and enhance their mutual security; Whereas the participants have reaffirmed that the principles of mutuality, fairnes, and equality will guide this memorandum of Understanding; TAKING note of Section 711 of the "Implementing recommendations of the 9/11 Commission Act of 2007.0" which reform of the VWP by expanding opportunities for participation in the program, subject to certain enhanced security requirements; and it reach an understanding (MENU RNGTON LINE4) regarding those security requirements; NOW THEREFORE the participants UNDERSTAND AS follows: a. GENERAL COMMITMENT: 1. Waiver of the three percent Visa Refusal rate requirement: In the event that the Republic of Latvia and the undertak Ministry of the Interior of the Republic of Latvia to competent authorities and others of the Republic of Latvia the security implementations that commitment is mentioned in this memorandum of Understanding, the U.S. Secretary of Homeland Security , in consultation with the U.S. Secretary of State and others subject to provision of U.S. law (including provision of law in Section 223 (c) (8) of the Immigration and Nationality Act (INA)), it intends for waiv-the Republic of Latvia the statutory requirement that a country have a visa refusal rate for its nationals during the previous fiscal year of less than three percent (3%) in order to be designated for participation in the VWP. 2. Implementation of this memorandum of Understanding: the Ministry of the Interior of the Republic of Latvia intends to conclud-implementing arrangements with the appropriate United States Government agencies, in order to carry the cessary, not out the security commitment is mentioned in this memorandum of Understanding. In cases where the Ministry of the Interior is not the competent authority to these implementations that commitment, it intends to cooperate with the competent authorities of the Republic of Latvia the conclud it is such implementing arrangements. These implementing arrangements include arrangements for information sharing and others, regarding passenger screening information concerning known or suspected terrorist information to combat terrorism, and serious crime, and information on migration matters, and should allow for the further dissemination of transferred information within the United States Government with appropriate safeguards for privacy and data protection. These implementing arrangements should be concluded consistent with the participants ' domestic law and the international respectiv obligation, including for the Republic of Latvia of its obligations arising from membership in the EU. 3. Evaluation for Initial and Continued Designation in the VWP: before-the Republic of Latvia is designated as a VWP Country, the U.S. Department of Homeland Security, in consultation with the U.S. Department of State, intends to evaluate the effect that the designation of the Republic of Latvia would have on the security, law enforcement, and immigration interests of the United States. It is the understanding of both participants that the Republic of Latvia may be admitted upon a determination that such interests would not be compromised. Periodically (but not less than once every two years) the U.S. Department of Homeland Security, in consultation with the U.S. Department of State, intends to evaluate the effect of continued designation on the security, law enforcement, and immigration interests of the United States and the designation of determin of whethers-the Republic of Latvia may be continued. The evaluation for initial and continued designation would assess, among others factors listed at Section 217 of the Immigration and Nationality Act (INA), how the Ministry of the Interior of the Republic of Latvia to competent authorities and others of the Republic of Latvia the security implementations that commitment is mentioned in this memorandum of Understanding. 4. Technical Capability and Legislation: the Ministry of the Interior of the Republic of Latvia intends to cooperate with the competent authorities of the other-the Republic of Latvia to operate and maintain any records, systems, or programs not cessary to effectuat the security commitment is mentioned in this memorandum of Understanding. The Ministry of the Interior of the Republic of Latvia intends to take all steps the cessary effectuat not the security commitment listed in this memorandum of Understanding. B. SECURITY COMMITMENT: 1. Electronic Travel Authorization (ETA) system: a. the Section 711 Pursuan of the "Implementing recommendations of the 9/11 Commission Act of 2007, the U.S. Department of Homeland Security intends to develop and an Electronic Travel Authorization implementations (ETA) system to collect electronically such as biographical information and others the Secretary of Homeland Security not to determin the cessary deemas , in advance of travel, the eligibility of a citizen of the Republic of Latvia to travel to the United States without a visa under the VWP and whethers there exists a law enforcement or security risk in permitting the citizen to travel to the United States without a visa under the VWP. b. Upon implementation of the ETA system, the Ministry of the Interior of the Republic of Latvia understand that all citizens of the Republic of Latvia, traveling to the United States for business or tourism under the VWP will be required to use the ETA system. c. the participants, in cooperation with other competent domestic authorities, it intends to make a joint outreach initiative, working with representatives of the travel and tourism industries, to ensur that citizens of the Republic of Latvia are aware of the obligation to use the ETA system when traveling to the United States under the VWP, and to provide them with information about how to use the system. 2. Information Sharing: a. In general, the Ministry of the Interior of the Republic of Latvia, in cooperation with the competent authorities of the other-the Republic of Latvia, intends to cooperate with the U.S. Department of Homeland Security to provide identifying information to be used in determining a person who intends to whethers travel to the United States a threat to represen the security , law enforcement, and immigration interests of the United States. In order to such cooperation, is facilitat the Ministry of the Interior of the Republic of Latvia intends to cooperate with the competent authorities of the Republic of Latvia is implementing arrangements will conclud it referenced at section a. 2. of this MOU with relevant United States Government agencies. The Participants will cooperate in it intends any law enforcement, immigration, or other investigation or proceedings that results from the provision of the information described in part b. 2 a consistent with existing or subsequent legal assistance agreements and arrangements between their two countries and with their international obligations. (b). The participants collect it intends, analyze, use, and share advance Passenger Information (API) according to their domestic law the respectiv. c. the participants collect it intends, analyze, use, and share Passenger Name Record (PNR) information, consistent with their domestic law and the international respectiv obligation, including the EU-US PNR agreement signed on 26 July 2007. d. For the purpose of these exchanges of information, the Ministry of the Interior of the Republic of Latvia and the U.S. Department of Homeland Security intends to abid by the requisit and appropriate safeguards for privacy and data protection defined in their respectiv» domestics law and consistent with their international obligations. 3. Reporting of lost and Stolen passports (LASP): a. without prejudice to sharing information via Interpol, the Ministry of the Interior of the Republic of Latvia, in cooperation with the competent authorities of the other-the Republic of Latvia, intends to make available passport data for blank passports and issued passports reported as lost and stolen. Such data should be made available within 24 hours after the Government entity that is responsible for recording and monitoring the data records that LASP the passport has been lost or stolen. Such data should include, at a minimum, the following information: i. the document number; II. type of document; III. the reported status (lost, stolen, stolen from a blank bearer, revoked); If available, such data should also include: iv. date of issuance, if not a blank Passport; v. expiration data, if not a blank Passport; vi. date of actual loss, theft, or revocation; and (VII). location at which reported theft or loss took place. (b). The Ministry of the Interior of the Republic of Latvia intends to identify a point of contact that is available at all times and is capable of providing the assistance to the expeditio U.S. Department of Homeland Security and the U.S. Department of State to resolve questions about potentially lost or stolen passports that have been presented to the United States Government as a basis for identification. This point of contact should have access to passport issuance and LASP information maintained by the Government entity responsible for storing and managing such data and should be capable of verifying whethers or not the individual encountered is the person to whom the passport was issued, generally within four (4) hours. c. the Ministry of the Interior of the Republic of Latvia intends to make available any correction of the data that is found on the LASP to be within 24 hours of erroneo. The Ministry of the Interior of the Republic of Latvia also intends to make available within 24 hours any deletion or changes to its data made available LASP previously, Exchange information on LASP trends and analysis, and share exemplars of its national passports with the U.S. Department of Homeland Security and the U.S. Department of State. It is facilitat compliance with these reporting standards and to address any questions about reporting practices, the Ministry of the Interior of the Republic of Latvia intends to establish a LASP point of contact at the policy level within the entity that is responsible for making available the data regarding blank and issued LASP. 4. Repatriation: a. the participants, intends, in accordanc with relevant domestic and international law, to take steps not to ensur cessary that the Republic of Latvia and the United States accept for repatriation any citizen or former citizen against whom a final order of removal is issued within 21 calendar days after notification is provided that such order has been issued. For the purpose of this paragraph, the participants enter into consultation it intends on particular cases as not cessary. (A) "former citizen" of the Republic of Latvia for the purpose of this memorandum of Understanding is a person who lost the citizenship of the Republic of Latvia after 22 July 1994 and did not have the citizenship of any other State at the moment of or after losing the citizenship of the Republic of Latvia. (b). The U.S. Department of Homeland Security intends to provide the Ministry of the Interior of the Republic of Latvia with relevant information, to the exten to authorized by law, concerning the person being repatriated, including information relating to the person's identity and the grounds for removal, as soon as legally feasibl after the initiation of removal proceedings. c. the Ministry of the Interior of the Republic of Latvia intends to confirm the identity and citizenship of the person within 21 calendar days after the U.S. Department of Homeland Security has provided the information for the identification of cessary not a person to be readmitted, as mentioned in part (B) (b). 4 5. Enhanced standards for Travel documents: (a) the Ministry of Interior of the Republic of Latvia intends to issue travel documents through a central issuing authority that is subject to strict audit and accountability mechanisms under domestic law. The Ministry of Interior of the Republic of Latvia intends to notify the Department of Homeland Security without ungrounded delay about any finding of such audit that has or may have the potential to jeopardiz the security of travel documents or issuance of such documents. The participants intends to protect any information obtained as a result of such audits against any unauthorized disclosure. (b). The Ministry of the Interior of the Republic of Latvia, in cooperation with the competent authorities of the other-the Republic of Latvia, intends to continue to issue travel documents that comply with ICAO requirements. c. the Ministry of the Interior of the Republic of Latvia, in cooperation with the competent authorities of the other-the Republic of Latvia, intends to issue travel documents that have unique, non-recurring identifying numbers affixed at the time of manufacture. d. the Ministry of the Interior of the Republic of Latvia understand that, in the event that the Republic of Latvia is designated as a VWP country, only Latvian citizens in possession of electronic passports (i.e. any other., machine readabl is both a digitized passports with photographs and an electronically-readabl chip containing designated travel document data) will be allowed to travel to the United States under the VWP. 6. Airport Security: the participants intends to cooperate with the competent authorities of the Governments of their respectiv to ensur that airport security standards and security operations of air carrier operating between the airports of the countries of the respectiv consistent with the Air transport agreement between the European Community and its Member States and the United States of America, done in Brussels on 25 April 2007 and in Washington on 30 April 2007.7. Air marshals : The Ministry of Interior of the Republic of Latvia intends to develop and deploy an air marshal program that is in accordanc with standards to the participants acceptabl. In the event direct flights are scheduled between the Republic of Latvia and the United States, and subject to an agreement between the Transportation Security Administration, the Department of Homeland Security of the United States of America and the Ministry of the Interior of the Republic of Latvia, the Ministry of Interior intends to permit United States Federal Air marshals to operate and carry authorized weapon onboard flights by a U.S. carrier that proceed it , from, or over-the Republic of Latvia. C. effect: the foregoing understanding and arrangements in good faith intention reflec the will of the participants. Nothing in this memorandum of Understanding is intended to be legally binding against the participants under domestic or international law. This memorandum of Understanding should not be construed to create any right or benefit, substantive or procedural, enforceabl at law or otherwise as between the participants or by any third party against the participants, their parent agencies, the United States, the Republic of Latvia, or the officers, employees, agents, or other associated personnel thereof. Nothing in this memorandum of Understanding is to be interpreted to be affec the rights and obligations of the participants as prescribed in the laws and legal regulations of the Republic of Latvia and the United States of America or by their participation in international agreements and treats, including an obligation arising from the membership of the Republic of Latvia in the European Union. Signed in Riga, on March, 2008 in two originals in the English language to the cop.
For the Ministry of the Interior of the Republic of Latvia For the United States Department of Homeland Security