The Order In Which It Is Issued, Refused Or Withdrawn In The Strategic Goods Control Documents

Original Language Title: Kārtība, kādā tiek izsniegti, atteikti vai anulēti stratēģiskas nozīmes preču kontroles dokumenti

Read the untranslated law here: https://www.vestnesis.lv/ta/id/88070

 
Cabinet of Ministers Regulations No. 467 Riga 2004 April 29 (pr. No 26, § 10.) the order in which it is issued, refused or withdrawn in the strategic goods control documents Issued in accordance with the strategic movement of the law article 5 first paragraph i. General question 1. these provisions define the strategic movement control and use of the service in order, as well as the strategic movement of goods subject to duties.
II. Import certificates and end-use certificate procedure 2. for import licences or end-use certificate strategic imports, strategic movement of goods subject to strategic goods control Committee (hereinafter the Committee) shall provide: 2.1. application for issue of the document;
2.2. this rule 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8 and 4.9. information referred to in point;
2.3. the merchant copy of the registration certificate, indicating the original;
2.4. special permissions (licenses) for individual business lines, if necessary in accordance with the laws of the Republic of Latvia;
2.5. exporting the transaction agreement or letter confirming the readiness of exporters to do business.
3. in paragraph 2 of this rule, these documents can be sent to the Committee, the applicant, by fax or e-mail. In this case, you receive an import certificate or end use certificate, the applicant shall submit the original documents and the document maker confirms it. Copies of documents are stored in the records and archives of the Committee.
4. End use Declaration include: 4.1. exporting the legal name, address, telephone and fax numbers;
4.2. product end user's legal name, address, telephone and fax numbers;
4.3. end use the name of the country;
4.4. the description of goods (type, model, technical specifications or classification);
4.5. the final use of the goods;
4.6. the reference to the contract between the exporter and the final user;
4.7 export or transit of goods in quantity and value;
4.8. the end user's first name, last name, job title and signature;
4.9. the intermediary business legal name;
4.10. the date of issue;
4.11. the provisions on re-export of the goods or its prohibition;
4.12. evidence that the goods will be used only for the declared purposes and will not be used for chemical weapons, biological weapons, nuclear or missile (capable of delivering these weapons) development, production or use.
5. If the rules referred to in paragraph 4, the information is not sufficient for the decision, the Committee is entitled to request additional information.
6. the Import certificate or proof of receipt of final uses of the documents submitted to the Committee looking for no more than 15 working days and issue a strategic movement of goods subject to an import certificate or end use certificate or notice of refusal to issue import certificates or end-use certificate.
7. the Committee shall not disclose the import certificate or end-use certificate is issued for the refusal, if the refusal is based on the use of information that is a State secret.
8. Import certificate or end-use certificate shall be drawn up in triplicate to the special colored raster form. The import certificate or receipt of final uses one sheet from the moment of issue remains the Committee's records, the second copy will remain on the strategic movement of subject records, and the third copy to the strategic movement of goods sent to the exporting country subject to the export control authorities.
9. Import certificate or end use certificate issued by the appropriate powers, and can only be used on the certificate or end-use certificate referred to in the strategic movement of goods.
10. foreign strategic product end use declaration is valid if it contains this provision of the information referred to in paragraph 4 and has been approved by national export control authority.
III. Strategic goods export, import and transit licences in order to receive 11 strategic goods export, import or transit licence, strategic movement of goods subject to the Committee by: 11.1 the license application, a declaration containing information about counterparties — the goods, the consignee and the end user, and assurances that the goods will be used only for the declared purposes and will not be used for chemical weapons, biological weapons , nuclear or missile (capable of delivering these weapons) development, production or use;
11.2. the merchant copy of the registration certificate, indicating the original;
11.3. special permissions (licenses) for individual business lines, if necessary in accordance with the laws of the Republic of Latvia;
11.4. foreign import certificate or end use certificate or equivalent document for only export and transit trade in strategic goods;
11.5. a copy of the contract or invoice the invoice on the basis of which the transaction is made to the strategic commodities.
12. If this provision of the information referred to in paragraph 11 is not sufficient for a decision on the issue of the licence, the Committee is entitled to request additional information.
13. in paragraph 11 of these rules, these documents can be sent to the Committee, the applicant, by fax or e-mail. In this case, you receive a license, the applicant shall submit a copy of the original document, displaying the original documents and the document maker confirms. Copies of documents are stored in the records and archives of the Committee.
14. the strategic goods export, import or transit licence documents submitted to the Committee shall consider not more than 20 working days and issue a strategic movement of goods subject to export, import or transit licence or notice of refusal to issue a licence if the intended strategic exports, imports or transit is contrary to the laws of the Republic of Latvia.
15. If necessary the strategic movement of goods supplied may be subject to additional examination, the Committee extended the term of the licence, and shall notify the applicant. In this case, the Committee of 30 working days, shall take a decision on the issue or refusal to issue a license.
16. The Committee does not disclose the reasons for any refusal to grant a licence, if the refusal is based on the use of information that is a State secret.
17. the Committee is entitled to revoke the strategic export and transit goods licence if unforeseen circumstances in the country, to which the West's strategic goods have any exceptional circumstances (such as armed conflicts, hostilities, collision).
18. If the information supplied during the test it is necessary to request information from foreign authorities and response information is not received consideration of the application of the extended term, the Committee is entitled to postpone the decision on the issue of the licence up to the communication of the information requested by written notice of their strategic movement holder.
19. Concerning the refusal to grant a licence Committee shall inform the State revenue service's main customs administration and if it derives from the Republic of Latvia's international obligations, including international export control regimes, or other organizations.
20. the strategic goods export and import licences shall be drawn up on a special colored raster form four copies, but transit license — on colored raster form in five copies. The licenses are performed in the following: 20.1. a copy of the strategic movement of subject representative or the carrier submitted to the border inspection post (two copies shall be submitted to the transit, export and border inspection post of entry), where it is noted that actual date exported or imported quantity of the goods, the Customs seal affixed and removed a copy of the Customs authorities in the proceedings, but the original state revenue service's main customs administration in the order is returned to the Committee for accounting;
20.2. one copy with the marks of the border inspection post is sent with the product to the end user;
20.3. one copy of the issue of the moment remains the Committee's records;
20.4. one sheet with a border inspection post marks holds the strategic movement of subject records and archives;
20.5. copy stored in a domestic customs authorities records;
20.6. the Member States of the European Union issued a dual use goods export licences at the border inspection post removes the copy and keep it in the proceedings for the Customs authorities.
21. the strategic goods export, import and transit licences shall be issued by the appropriate powers for, and may be used only for the said strategic movement.
22. the strategic goods export, import and transit licences expire within six months.

23. If necessary the extension of validity of the licence, the strategic movement of goods subject to submit to the Committee written submissions. Application for extension of the term of validity of the licence must be submitted within five working days before the license the previous expiration date. The application must indicate the move and the quantity of the goods to be moved.
24. the strategic goods export, import and transit licences the term of validity shall be extended by the Committee appropriate mark to the license.
25. the unused license or import certificates shall be returned to the Committee not later than the expiry date.
IV. subject to control strategic goods lists 26. Control are subject to strategic goods: 26.1. Council of 22 June 2000, the Regulation No 1334/2000 on the European Union the establishment of the mode of dual-use goods and technologies export control "(hereinafter Regulation No 1334/2000) of annex 1;
26.2. Regulation No 1334/2000 in annex 2;
26.3. Regulation No 1334/2000, annex 4;
26.4. Council of 17 November 2003 on the common military list 2003/C314/01;
26.5. Republic of Latvia national strategic goods list.
27. the strategic goods export, import or transit licences according to paragraph 26 of those goods is as follows: 27.1. Regulation No 1334/2000 is annex 1 goods listed in the license is not required: export to 27.1.1. Member States of the European Union and imports from Member States of the European Union;
27.1.2. transit through the Republic of Latvia from countries which are not Member States of the European Union, the Member States of the European Union;
27.2. the provisions of Regulation No 1334/2000 is annex 1 goods listed in the license issued in the Republic of Latvia, is required: 27.2.1. imports from countries which are not Member States of the European Union, the Republic of Latvia, except computer;
27.2.2. export to non-Member States of the European Union;
27.2.3. transit through the Republic of Latvia from countries which are not Member States of the European Union, to countries that are not Member States of the European Union;
27.3. Regulation No 1334/2000 2. goods referred to in the annex is in force in the European Union's general export licence no EU001 for export to Australia, Canada, Japan, New Zealand, Norway, Switzerland and the UNITED STATES pursuant to Regulation No 1334/2000 requirements and regulations;
27.4. to carry out the strategic goods export, import or transit deal with Regulation No 1334/2000 4. goods referred to in the annex, it is necessary for strategic goods export, import or transit licence issued in the Republic of Latvia or in any other Member State of the European Union;
27.5. to carry out the strategic goods export, import and transit through the Republic of Latvia to the European Union of 17 November 2003, the Council of the common military list 2003/C314/01 the goods requires a strategic military goods export, import or transit licence issued in the Republic of Latvia;
17.1. the Republic of Latvia national strategic goods list of the goods referred to in the import, export or transit requires strategic commodities licence issued in the Republic of Latvia;
17.2. chemical weapons proliferation, production, accumulation and use of their destruction and the Convention for the prohibition of toxic chemicals and their precursors lists No 1, no 2 and no 3 is included in the European Union of 17 November 2003, the Council of the common military list 2003/C314/01 and Regulation No 1334/2000 in annex 2. The toxic chemicals and their precursors, export, import and transit licensing takes place in accordance with the relevant lists.
28. the strategic movement of the entity's obligation to establish internal control services export, import or transit of goods of strategic significance for the evaluation of the provisions under this paragraph 26 referred to the goods or to designate a responsible person to perform this task.
V. delivery control certificate and cognitive procedure 29. Committee within 10 working days of delivery of the request for appearance control of issue of the certificate and the delivery control certificate issued by the strategic movement of the entity or notify the said refusal to issue a certificate.
30. control certificate of delivery shall be drawn up in triplicate to the special colored raster form. One copy of the delivery control certificate from the moment of issue remains the Committee's records, the second copy will remain on the strategic movement of subject records, and the third copy to the strategic movement of goods sent to the exporting country subject to the export control authorities.
31. for the expert statement of the fact that the goods are not strategic (not listed in the controlled lists), the strategic movement of goods subject to submit to the Committee written submissions and the information in his possession of the item or product sample.
32. If necessary, the Committee on the basis of a contract on technical experts invite the relevant sector specialists and scientists.
33. where the goods may be classified without special expertise, strategic product expert on the product invoice to certify that the goods are not strategic, and sends the fax to the State revenue service's main customs administration.
34. the expert advice of aircraft components, devices and spare parts is valid for a period of one month from the date of issue. Other goods expert cognitive validity is not limited and it is valid for any transaction with the item by name, technical data, product code of the combined nomenclature, or other commodity codes correspond to the item listed in the certificate, unless after the issue of the certificate is not included in the strategic goods lists.
35. The certificate shall be drawn up in duplicate in the special colored raster form. One copy of the certificate from the date of service of the Committee record keeping, the other remaining copies remain in the strategic movement of subject records.
36. the current strategic goods export, import or transit business, strategic movement of goods subject to State revenue service submitted in the main customs administration a copy of the certificate.
37. the rules shall enter into force on 1 May 2004.
Prime Minister i. Emsis Foreign Minister r. pīks Editorial Note: rules shall enter into force on 1 May 2004.