Industrial Security Certificate Requesting, Issuing, Accounting, Use, Change Or Cancellation Of The Categories Order

Original Language Title: Industriālās drošības sertifikāta pieprasīšanas, izsniegšanas, uzskaites, izmantošanas, kategoriju maiņas vai anulēšanas kārtība

Read the untranslated law here: https://www.vestnesis.lv/ta/id/135945

Cabinet of Ministers Regulations No. 412 in Riga in 2006 (23 May. 28. § 12) industrial security certificate requesting, issuing, accounting, use, change or cancellation of category order Issued in accordance with the law "on State secrets" 7 fifth article i. General questions 1. determines the industrial security certificate of the filing procedure, the list of documents to be submitted, the industrial security certificate issuing, accounting, use, change or cancellation of categories.
2. Industrial Security Certificate confirms the rights of economic operators established in the commercial area, in the discharge of public order, a public secret objects, the North Atlantic Treaty Organisation, the European Union and foreign institutions are classified information, as well as confirm the operator's readiness and capacity to ensure the protection of such information.
3. Industrial safety certificates shall be divided into the following categories: 3.1 category 1 industrial security certificate, which attests to the merchant's eligibility for public order, which required the use of the State secrets secret objects ("top secret");
3.2. the first category of industrial safety certificate, which attests to the merchant's eligibility for the order, you need to use the North Atlantic Treaty Organization's top secret information ("COSMIC TOP secret");
3.3. category industrial security certificate, which attests to the merchant's eligibility for the order, you need to use the European Union's top secret information ("EU TOP secret" and "secret UE" TRÈ);
3.4. the second category of industrial safety certificate showing komer Santa eligibility for public order, which required the use of the State secrets secret objects ("secret");
3.5. the second category of industrial safety certificate, which attests to the merchant's eligibility for the order, you need to use the North Atlantic Treaty Organization secret information ("secret");
3.6. the second category of industrial safety certificate showing komer Santa entitlement to the order that you need to use the secret information of the European Union ("EU secret" and "secret UE");
3.7. the third category of industrial safety certificate, which attests to the merchant's eligibility for public order, which required the use of confidential State secret objects ("confidential");
3.8. the third category of industrial safety certificate, which attests to the merchant's eligibility for the order, you need to use the North Atlantic Treaty Organization's confidential information ("CONFIDENTIAL");
3.9. the third category of industrial safety certificate, which attests to the merchant's eligibility for the order, you need to use the confidential information to the European Union ("EU CONFIDENTIAL" and "CONFIDENTIEL UE").
 
II. Industrial Security certificate the application procedure and the list of documents to be submitted 4. for industrial security certificate constitutional protection the operator of apakšstruktūrvienīb, the Office of the national security authority (hereinafter referred to as the national security authority) must submit an application. Based on the application need in connection with the planned participation of specific customer purchases to receive specific categories of industrial security certificate and certify the readiness and capacity of the economic operator in accordance with the laws of the State secret object, the North Atlantic Treaty Organisation and European Union classified information protection requirements to ensure the security of such State secret object, the North Atlantic Treaty Organization or the European Union for the protection of classified information.
5. the application shall be attached to the following documents: 5.1 the merchant of the memorandum and articles of Association;
5.2. a brief description of the action of the existing operators, including the main collaboration partners and customers of Beebe;
5.3. details of business activities in the past five years, indicating the commercial mode of operation, the operator status or participation in other companies, time and attendance and the size of the share of capital;
5.4. details of the merchant participants in the last five years, including: 5.4.1. legal persons – company name, address and registration number, membership type, time and capital;
5.4.2. the natural person – given name, surname, personal code, address and registration number, membership type, time and capital;
5.5. the executive body members and other paraksttiesīg list of key officials in the past five years, indicating name, surname, personal code, the position and the time of the transaction;
5.6. the regulations set out the documents necessary for the issue of a special permit for access to State secrets, the certificate with the North Atlantic Treaty Organization or the European Union classified information merchant members, officials and other servants, by following orders, related to State secrets, foreign objects, the North Atlantic Treaty Organization or the European Union classified information;
5.7. the auditor (auditor's) report, a copy of the last audit (audit);
5.8. information on merchant participation in the proceedings (if there was), for reasons of membership and the outcome of the proceedings;
5.9. details of the trader's pledge, credits, receivables or envelope on the absence of Morrow;
5.10. information about the merchant, the organisational structure of the company;
5.11. news about the internationally recognised professional qualification certificates (if they are received).
6. If a merchant operating in Latvia, participants have registered foreign legal persons and those separately or together owned 50% or more of the issued share capital of the company, in addition to this provision the operator referred to in paragraph 5 of the dock should be submitted to relevant processes of the competent bodies of these foreign legal persons in industrial safety issued a copy of the certificate.
7. Industrial Security certificate registered economic operator in Latvia, having also go out if it has established a subsidiary company in which it owns 50% or more shares, and the subsidiary claim to industrial security certificate.
8. to check the documents submitted or objectivity of the facts found, the national security agency before the special initiation or they can be requested in writing in time merchant to submit additional documents.
 
III. special inspection and extension procedures 9. Merchant special inspection launched after all the testing required for the receipt of documents and take six months.
10. The constitutional protection Office, the Director may extend the special inspections des maturity of up to three months if special checks needed during šamīb to receive additional information from other sources of information (including from abroad), and this information has a crucial role in the decision making.
11. For special checks on the extension of the national security authority of the authorized economic operator be informed in writing within 10 working days of the constitutional protection Office Director's receipt thereof.
 
IV. Industrial Security certificate issue 12. special inspection by the merchant in the completion of the national security authority within 10 working days of the Merchant shall be informed in writing of the Director of the Office for the protection of the Constitution the decision.
13. Industrial Security certificate in documentary form, content and protect conservation elements determine the constitutional protection Office Director.
14. The national security authority for industrial security certificate specifies the industrial security certificate category and allow State secret object, the North Atlantic Treaty Organization or the European Union classified information storage and processing type: 14.1. customer's premises;
14.2. the customer and the merchant premises, not using the information processing systems;
14.3. the customer and the merchant premises, processing using accredited information systems.
15. The national security authority for industrial security certificate shall be issued by the operator's authorized person. With the signature of the person certifying the security certificate was Industria.
16. Industrial Security certificate is issued for a specific period of time, not a long ku for five years.
 
V. industrial security certificate inventories 17. The national security authority for industrial security certificate issued in the form of industrial security certificate registered accounting register (hereinafter register) in chronological order and separate categories under this set mu referred to in paragraph 3. Registry operations organized and chaired the constitutional protection Office.
18. the register shall include the following particulars: 18.1. firm (name);
18.2 merchant type (individual trader or company);
18.3. a partnership or a Corporation (for komercsabied capacity);
18.4. the operator's registered office;
18.5. industrial security certificate issued by category;

18.6. the date when the decision on industrial security certificate or extension of use;
11.6. industrial security certificate expired on (date);
12.8. information on industrial security certificate cancellations, indicating the date of adoption of the decision.
19. the registry entries are generally available information. The constitutional protection Office provides the bass on natural and legal persons the right to consult the registry entries.
 
Vi. Industrial Security certificate 20. Trader who received specific categories of industrial security certificate, is also allowed to use the lower degree of State secrets secret objects, the North Atlantic Treaty Organisation, European Union or foreign institution of classified information.
21. The economic operators to whom the national security authority has issued these regulations 3.2, 3.5 and 3.8 referred to industrial security certificate, are entitled to participate in a procurement, the North Atlantic Treaty Organisation relevant to the security of classified information.
22. The economic operators to whom the national security authority issued the rule 3.3, 3.6 and 3.9 referred to industrial security certificate, have the right to participate in the procurement of the European Union, the European Union's security of classified information.
23. The economic operators to whom the national security authority has issued this rule 3.1, 3.4 and 3.7 referred to industrial security certificate, are entitled to participate in foreign procurement Act, which contains the secret of this foreign degree of classified information, if provided for in the agreement on mutual protection of classified information between the Republic of Latvia and the foreign.
24. If the purchase is made using industrial security certificate, the Subscriber and the operator shall immediately inform the national security authority.
 
VII. The order in which the Merchant provides information about changes on the operator's participants or members of the Executive Body, or other leading officials of the paraksttiesīg 25. If industrial security certificate usage varies during the komer Santa participants or members of the Executive Body, or other officials of the leading paraksttiesīg, Merchant shall forthwith in writing inform the safety authority launched the Naci and shall submit to it information for new members and leading officials in accordance with the provisions of paragraph 5.4 and 5.6. The person checking out the time limit provided for in the laws and regulations that govern the testing procedures of the person approach to State secrets, foreign, international organizations and their institutions classified information. After the completion of inspection, the national security authority within 10 working days of the Merchant shall be informed in writing of the decision taken.
26. The economic operator shall be prohibited from engaging in the implementation of the procurement work, you must use the State secrets which objects, persons who have not received special permission for access to State secrets and certificate to work with the North Atlantic Treaty Organization or the European Union classified information, if the purchase is necessary for the performance of work to use the North Atlantic Treaty Organization or the European Union classified information.
 
VIII. Industrial Security certificate categories change 27. If in connection with public procurement economic operators should use higher degree of State secrets secret objects, a North Atlantic League ma organization or the European Union classified information than that for industrial safety certificate issued, the operator shall submit to the national security authority the application for industrial security certificate category. Industrial security certificate category can raise if: 27.1. Merchant is substantiated in writing the need to use the public order with the higher degree of State secrets secret objects, the North Atlantic Treaty Organization or the European Union classified information and such a need is demonstrated by the Subscriber;
27.2. the merchant demonstrated a willingness to provide regulations on old state secrets concerned object, the North Atlantic Treaty Organization or the European Union classified information protection measures;
27.3. The national security authority is satisfied that the operator has complied with the regulations laid down by the relevant State secret object, the North Atlantic Treaty Organization or the European Union classified information protection measures.
28. An economic operator may submit an application to get this 3.2 and 3.3 of the provisions referred to industrial security certificate, if you have previously received this rule 3.1. referred to industrial safety certificate.
29. An economic operator may submit an application to get this provision 3.5 and 3.6 referred to industrial security certificate, if you have previously received 3.4. these provisions referred to industrial safety certificate.
30. An economic operator may submit an application to get this rule 3.8 and 3.9 referred to industrial security certificate, if you have previously received this rule 3.7. referred to industrial safety certificate.
31. The merchant in connection with a special examination of industrial safety certifi cate Exchange category shall be made within three months after all the testing required for the receipt of documents. After the completion of inspection, the national security authority within 10 working days of the Merchant shall be informed in writing of the Director of the Office for the protection of the Constitution the decision.
 
IX. Industrial Security certificate extension or cancellation of the certificate 32. Application for industrial security certificate extension of merchant national security authority shall be submitted four months before the industrial security certificate expire. If the application deadline missed, the application shall be examined by the order in which the appearance of applications for industrial security certificate request.
33. Industrial Security certificate usage time limit may be extended for a fixed period not exceeding five years, unless there are objective circumstances which suggest that industrial security certificate is to be cancelled.
34. The decision on the industrial safety of use of the certificate extension shall be taken within three months after the trader's receipt of the application. After the completion of inspection, the national security authority within 10 working days of the Merchant shall be informed in writing of the Director of the Office for the protection of the Constitution the decision.
35. The national safety authority may revoke the operators of industrial security certificate when: 21.8. a check of facts giving rise to reasonable doubts about the reliability of the trader's ability to deliver a national secret object, the North Atlantic Treaty Organisation, European Union or foreign institutions for the protection of classified information;
35.2. the merchant transaction key State secrets found objects, the North Atlantic Treaty Organisation, European Union or foreign institutions for the protection of classified information violations that occurred in the State secret object, the North Atlantic Treaty Organization, Cou childhood or foreign institutions classified information or of the loss of unlawful disclosure;
35.3. He repeatedly violated the public security authorities in connection with the specific instructions of the State order.
36. The merchant whose industrial security certificate is revoked, it may require repeated not earlier than five years since the cancellation date.
37. If the merchant industrial security certificate will be revoked, the national safety authority shall forthwith in writing inform the economic operators and subscribers, which the State orders comply with this merchant.
Prime Minister a. Halloween Justice Minister g. Grīnvald Editorial Note: the entry into force of the provisions to 27 May 2006.