For Control, Inspection And Detention Procedures In Latvian Waters

Original Language Title: Kuģu kontroles, pārbaudes un aizturēšanas kārtība Latvijas ūdeņos

Read the untranslated law here: https://www.vestnesis.lv/ta/id/89537

Cabinet of Ministers Regulations No. 508 in Riga, June 1, 2004 (pr. No 33 § 7) for control, inspection and detention procedures in Latvian waters are Issued in accordance with the maritime administration and the Maritime Security Act article 44, the second paragraph of rule 1 shall determine the order in which national armed forces naval Coast Guard (Coast Guard) controls, checks and detain vessels, with the exception of foreign warships and vessels, of the public service of the Republic of Latvia in waters under the jurisdiction (hereinafter referred to as the waters of Latvia) outside the port of proper as well as the procedures for managing the marine environment requires apprehending ships in Latvian waters.
2. Coast Guard vessels, is controlled through the following measures: 2.1 using the ultraīsviļņ radio features, survey vessels on the reasons for and objectives of the entry of Latvian waters when the ship crossed the State border of the Republic of Latvia;
2.2. using technical means of monitoring the movement of vessels;
2.3. Visual monitoring of the operation of the ship.
3. the coast guard checked boats if: 3.1 there is reasonable suspicion that the vessel has made use of the waters of Latvia regulatory normative acts of Latvia and/or Latvia binding rules of international law;
3.2. the ship shall provide the coast guard for incomplete or misleading answers.
4. check include: 4.1 ship navigation, technical and communication examination;
4.2. crew list document. If there is reasonable suspicion that the documents submitted information is incomplete or significantly different from the actual situation, check all persons on board;
4.3. cargo inspection of documents, if necessary, check the documents for compliance with the actual shipment;
4.4. inspection of documents;
4.5. all space of the ship;
4.6. the technical state of regulatory compliance requirements document check.
5. inspection of the ship the coast guard officer or other competent national authority officials who decided on the vessel inspection, in the presence of the master of the ship shall draw up the ship inspection Protocol (annex 1). Protocol shall be drawn up in two copies in Latvian and/or English. One of the copies of the report shall be handed to the master of the ship.
6. If, during the inspection of the vessel by the irregularities that do not provide for the detention of the ship, this violation is recorded in the test report and ships Protocol shall be the national authority which has competence in the future consideration of the infringement and the adoption of the decision.
7. The Coast Guard has the right to detain a ship if: 7.1 the Board examination irregularities, for which the ship is detained;
7.2. the following actions are taken: 7.2.1 using the threat of force or use of force against the sovereignty of the Republic of Latvia, the territorial integrity or political independence, or otherwise is in breach of the rules of international law;
7.2.2. the manoeuvres or training with weapons of any kind;
7.2.3. activities related to the safety of the Republic of Latvia or prejudicial to the protection of information gathering;
7.2.4. an act of propaganda against the Republic of Latvia, or safety;
7.2.5. the aircraft and/or military device launch, landing or taking on board the ship;
7.2.6. the goods or other value, as well as commercial circulation of prohibited goods loading or unloading, or the cost of the reception of persons who contravene the Latvian laws and customs, fiscal, immigration or sanitary control;
7.2.7. the pollution of the marine environment;
7.2.8. fishery, not respecting the laws of Latvia, certain prohibitions and inter-State agreements;
7.2.9. research or geographical research without permission;
7.2.10. action aimed at Latvia's communications systems and other devices or equipment in the functional disturbance;
7.2.11. maritime regulatory regime regulatory non-compliance;
7.2.12. Latvian waters existing underwater cable or pipeline damage.
8. the coast guard may require the vessel change course if it leads to dangerous or prohibited from shipping in the area, as well as a request that the ship be in Latvian waters with formal nationality flag.
9. If the ship is detained, it conveyed the Latvian port.
10. After the arrival of the vessel at the port of Latvia, the coast guard transferred the ship and its crew, the national body which has competence in the future consideration of the infringement and the adoption of the decision.
11. the ship is detained, the coast guard officer or other competent national authority officials who decided on the detention of the ship, drawn up in the presence of the master of the ship in the ship's hold Protocol (annex 2). The vessel served the coast guard and the cargo ship to (or fishing) documents that are added to the Protocol, and the check mark is made in the Protocol. Protocol shall be drawn up in two copies in Latvian and/or English. One of the copies of the report shall be handed to the master of the ship.
12. the Marine Department can require the coast guard detained a ship if: 12.1. the ship is involved in environmental pollution accidents;
12.2. the vessel or its owner has imposed administrative punishment on environmental protection laws and regulatory non-compliance and the fine is not paid;
12.3. There is reasonable suspicion of pollution of the marine environment;
12.4. the ship breaking the living resources of the sea and fisheries regulations.
13. the inspection and detention of the vessel, the coast guard examinations group personnel have the right to apply physical force, special means and firearms service military service law.
14. the ship's weapons (on Coast Guard vessels stationary stand-alone machine-guns and cannons) may be used only in extreme situations, the need to: 14.1. ward off an armed attack on the Republic of Latvia to ships or other floating devices, as well as foreign ships or other floating craft, in Latvian waters;
14.2. end the violent actions against the Latvian coast, underwater and above water objects;
14.3. catch the violators who illegally in the waters of Latvia and expresses legitimate armed resistance requirements to stop, to stop cargo loading or unloading, or the cost of people, if there is no other way to stop the illegal activity;
14.4. prevent deliberate attempts to ship dangerous maneuvers endanger shipping safety and cause a ship collision.
15. Prior to the use of attachable arms ship captain or crew, using the international code signal, warn of the intention to move the ship's weapons.
16. The Board shall not apply if the arms of the shots may suffer other ships or persons, or if the affected neighbouring countries.
17. the use of weapons of the ship is responsible for the coast guard, the ship's Commander.
18. Be declared unenforceable by the Council of Ministers of 22 December 1992 decision No. 547 "for the order in which the ship is detained in the territorial waters of the Republic of Latvia, the Latvian Baltic Sea economic zone and port" (the Republic of Latvia Supreme Council and Government Informant, 1993, no. 8).
Prime Minister i. Emsis Defense Minister a. Slakter the Editorial Note: the entry into force of the provisions to 5 June 2004.