Cabinet of Ministers Regulations No. 657 in Riga, 20 July 2010 (pr. No 37 40) procedure for issue or refuse to issue a strategic product licenses and other strategic goods movement related documents Issued in accordance with the strategic movement of goods Act article 5, twelfth, article 6, article 7(1) fourth subparagraph and article 12 of the ninth part i. General provisions 1 jautājumi determines: 1.1. procedures for issuing or refusing to issue a certificate of experts, end use certificates and import licences;
1.2. the procedures for the issue by refusing to issue, suspend or revoke the strategic product license and delivery control certificate;
1.3. the strategic goods lists of goods not listed in the licensing and usage.
2. With the strategic movement of goods related documents within the meaning of this provision are: 2.1 export licence;
2.2. General export licence;
2.3. the import licence;
2.4. a transit licence;
2.5. General transit licence;
2.6. national General export licence;
2.7. transfer license (between the Member States of the European Union);
2.8. the international import certificate (hereinafter import certificate);
2.9. end use certificate;
2.10. delivery control certificate;
2.11. the expert advice.
3. The provisions referred to in paragraph 2 of the licence form meets Council of 5 May 2009. Regulation (EC) no 428/2009 setting up a Community regime for the export of dual-use items, transport, brokering and transit control (hereinafter Regulation No 428/2009), III (a) and (c) Annex III.
II. Import certificates and end-use certificate is issued for the import of a certificate (annex 1) strategic goods imported from a non-member country or end use certificate (annex 2), the strategic movement of goods subject to strategic goods control Committee (hereinafter the Committee) submitted by: 4.1 the application, which shall include an import certificate or a certificate of final uses to fill out the required information, indicating the merchant's name or person name that's the single registration number or persons in the commercial code, the name of the imported goods and quantity, country from which the goods are imported;
4.2. special permissions (licenses) for individual business lines (if necessary in accordance with the strategic movement of goods law);
4.3. the contract or transaction, the exporter's proof of a willingness to make a deal;
4.4. proof of payment of the State fee for import licences or end-use certificate is issued.
5. If the rules referred to in paragraph 4.1 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 shall examine within 15 working days and issue a strategic movement of goods subject to an import certificate or proof of final uses or takes a decision on refusal to issue them.
7. If the import certificate or end use refusal of issue of the attestation is classified information, Committee to protect this information in accordance with the law "on State secrets".
8. Import certificate or end-use certificate shall be drawn up in triplicate to the special colored raster form. The import certificate or end-use certificate, one copy to keep records of the Committee, the second copy shall retain the strategic movement of subject records, and the third copy to the strategic movement of goods sent to the exporting country subject export control authorities.
9. Import certificate or end use certificate shall be issued by the strategic movement of the entity or its officials. These documents may only be used in 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 specified in annex 2. Where the Committee has reasonable doubt about the identity of the end user, the Committee requests the national export control authorities.
III. Strategic goods export, import, transit, transfer, export or the General overall transit licences 11. for strategic goods export, import, transit, transfer, export or the General overall transit licence, strategic movement of goods subject to the Committee by: 11.1. application – strategic goods export, import, transit, transfer, export or the General overall transit licence Declaration (annex 3);
11.2. special permissions (licenses) for individual business lines (if necessary in accordance with the strategic movement of goods law);
11.3. foreign import certificate or end use certificate, or similar document, the only strategic movement of goods for export, from Latvia and transit transactions;
11.4. a copy of the contract or invoice, commercial invoice on which the transaction is made with strategic goods;
11.5. a statement that the duty has been paid on strategic goods export, import, transit, transfer, export or the General overall transit licences.
12. paragraph 11 of these regulations, if the documents referred to in the news is incomplete or questionable, the Committee may request additional information.
13. in paragraph 11 of these rules, these documents can be sent to the Committee, the applicant, by fax or electronic mail. Before the strategic goods import, export, transit, transfer, export or the General overall transit licence, the applicant shall produce to the Committee relevant original documents.
14. the strategic goods import, export, transit, transfer, export or the General overall transit licence documents submitted to the Committee shall consider the month of their receipt and issue a strategic movement of goods subject to the export, import, transit, transfer, export or the General overall transit licence or taken a decision on the refusal to issue a license.
15. If necessary the strategic movement of goods subject to additional verification of the information provided, the Committee extended strategic goods export, import, transit, transfer, general export or transit licences General addressed and communicated in writing to the applicant. In this case, the Committee shall adopt its decision within one month of dispatch of the notice.
16. If strategic goods export, import, transit, transfer, export or the General overall transit refusal to issue the Foundation has classified information, Committee to protect this information in accordance with the law "on State secrets".
17. the Committee is entitled to refuse the export, transit, export or the General overall transit licence, suspend the operation of the said licence or revoke a license if the State to which are exported or moved in transit to the European Union common military list of the goods in question, have any exceptional circumstances (including armed clashes or warfare).
18. If strategic movement of goods subject to the information necessary to make an inspection of the goods, or to request information from the Latvian or foreign institutions and a response with consideration of the application of the extended term, the Committee renewed the decision to receive relevant information and notify in writing strategic movement holder.
19. the Committee on the decision to refuse the issue of a licence shall inform the judicial police, the State revenue service, the Commission of the European Union, the Council of Europe, the Member States of the European Union and relevant international export control bodies.
20. the strategic goods licence prepare for special color raster forms in triplicate, export, import, and general export licence-on colored raster form four copies, but transit and General transit license-on colored raster form in five copies. With strategic goods export, import, transit, transfer, export or the General overall transit license copies do the following: 20.1. one license copies of strategic movement entity or the carrier shall submit to the customs border crossing point authority. Transit shall submit two copies of the export and import border crossing points. The copy in question is the responsible customs officer indicates the date the actual exported or imported goods and confirms it with the seal. License copy of the Customs authorities keep records. The original licence of the State revenue service shall submit to the Committee in accordance with the procedure laid down in the accounting;
20.2. one copy of customs official marks must be accompanied by an end user product;
12.6. a copy of the Customs Authority marks retain strategic movement of subject records and archives;

20.4. the license copy saves the inland Customs office records;
20.5. the other Member States of the European Union export licences issued at the border crossing point copies and saves the record keeping by the Customs authorities;
20.6. when transporting goods under general export or transit licence in General, strategic subject goods submitted to Customs office copy of the licence and shall inform the Committee of the export or transit of each transaction.
21. the strategic goods import, export, transfer, transit, export or the General overall transit licence issued to strategic movement or its official bodies. Such licences may only be used for the respective strategic movement.
22. the strategic goods export, import, transfer and transit license validity period is six months. General export and General transit license validity period is a year.
23. If necessary strategic goods export, import, transit, transfer, general export or General transit extension of the period of validity of the licence, the strategic movement of goods shall submit to the Committee on the subject. Application for extension of the term of validity of the licence shall be submitted not later than five working days before the license the previous expiration date. Application reiterates and transported volume of goods transported.
24. the strategic goods import, export, transit, transfer, export or the General overall transit extended the term of validity of the licence, the licence shall be issued with an appropriate tag for extension. Unused export, import, transit, movement or general export license for General transit or import certificates shall be returned to the Committee within three months of their expiration date.
25. the strategic goods expected crossing point and inland Customs Office, the Committee indicates the relevant licence.
IV. National General export licences 26. national General export licence (annex 4) on its own initiative the Committee approved and issued Regulation No. 428/2009 referred to in annex I to the dual use of the goods for export to non-member countries.
27. the Committee shall be published in the national General export license in the Official Gazette, indicating regulation 428/2009 referred to in annex I, item category and section, and the country or countries to which these goods are allowed to export.
28. the national General export license can use strategic movement, who is the citizen of the Republic of Latvia or the Republic of Latvia registered legal person. To perform the export transactions under the license, strategic movements of goods subject goods accompanying documents sent the Committee's strategic product identification specialists, using electronic means of communication, and receives its opinion – goods licence is required.
29. national General export license can not be used if: 29.1. licence period is defined in the arms embargo to a specified country, adopted a common position or joint action adopted by the Council or a decision of the OSCE or an arms embargo imposed by the United Nations Security Council resolutions, as well as binding if the exporter knows that the goods in question may be used in whole or in part in connection with the chemical weapons , biological weapons or nuclear weapons and nuclear explosive devices dangerous development, manufacture, use, launch, crew, storage, detection, identification or dispersal, as well as missile development, production, service or storage, which may carry such weapons;
29.2. the final beneficiary is a military institution;
29.3. the country specified in the licence have started armed conflicts or hostilities this country has begun.
30. the Committee is entitled to decide on the suspension or withdrawal of the license, if any of the permissions specified in the recipient countries have incurred this rule 29.1. or 29.3. conditions referred to in.
V. Licensing a product subject to 31. Dual-use items export licensing set out in Regulation No 428/2009. in addition to the requirements laid down in the regulation, a license is required for dual-use goods in transit, brokerage transactions and import to Latvia (except hardware imports), but not import to another Member State of the European Union through Latvia.
32. in accordance with the strategic movement of goods Act a license is required for any export, import, transit, brokering, or transfer deal with European Union common military list and Latvian national strategic list of goods and services, those goods, except transit and export of Latvian national strategic 10A905 in the section of the list of goods the goods.
33. for firearms and ammunition or explosives license, the movement of strategic goods subject to the Committee by previous consent document for the movement of firearms and ammunition between the Member States of the European Union or the previous consent document the transfer of explosives between Member States of the European Union. These previous consent documents shall be issued in accordance with the provisions of the cabinet order in which State police issued the previous consent documents, firearms and ammunition or explosives for the movement between Member States of the European Union.
34. the strategic movement of goods subject to create internal control services, in order to assess the export, import, transit goods to move or compliance with the strategic goods lists, or designate a responsible person to perform this task and inform the Committee.
Vi. Delivery control certificate and certificate of service of experts 35. for delivery control certificate (annex 5), or proof that the item is imported into the territory of the Republic of Latvia, the strategic movement of goods shall submit to the Committee on the subject. The application shall state the following particulars: 21.8. product information;
35.2. documents certifying that the importation of goods in the Republic of Latvia;
35.3. proof of payment of the State fee for the issue of the delivery control certificate.
36. delivery control certificate shall be drawn up in triplicate to the special colored raster form. One copy of the delivery control certificate is saved in the registry of the Committee, the second copy shall retain the strategic movement of subject records, and the third copy to the strategic movement of goods sent to the exporting country subject export control authorities.
37. Natural and legal persons to the Committee of experts may receive inquiries about the item in question is not a strategic commodity. To get this certificate, the person shall submit to the Committee written submissions and information on a product or product samples, as well as proof that the State fee is paid for the issue of certificate of experts.
38. the experts certified aircraft (aircraft) components, devices and spare parts is valid for a 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 the issue of the certificate the following goods are not included in the strategic goods lists.
39. the expert shall prepare a statement in duplicate to the special colored raster form. One copy of the certificate store the records of the Committee, the other copy of the save personal records.
40. the current expert statement of the goods referred to in the export, import, transfer or transit transaction, the person shall submit to the Office a copy of the certificate of experts, showing the original.
VII. the strategic goods lists of goods not mentioned licensing 41. the Customs authorities in accordance with Regulation No. 428/2009 article 4 of the fifth part of its annex 1 goods not listed in the control of detained goods concerned and by fax or electronic mail, send the document accompanying the goods, and customs documents to the Committee for adoption of the decision on the license.
42. If the Committee decides that goods not mentioned in the strategic goods lists require export or transit licence, in writing, the Committee shall notify the strategic goods subject and State revenue service to the main customs administration.
43. the strategic importance of subject goods handling, not mentioned in the strategic goods lists before this provision in paragraph 42 of the notification are not considered infringements of these provisions.
VIII. withdrawal of licences to European Union common military list of the goods for export, transit and brokerage transactions 44. the Committee is entitled to refuse the export, transit, transfer and brokering licences in the European Union Common military list items, including software and technology, using electronic means of communication, on the basis of the following criteria: 44.1. Latvia's international obligations and the obligation to comply with the United Nations, the European Union and the Organization for security and cooperation in Europe in particular the arms embargo;

44.2. Latvia's international obligations arising from 1 July 1968, the nuclear non-proliferation Treaty, 10 April 1972 the Convention on Bacteriological (Biological) and toxic weapons development, production and storage of munitions and their destruction, as well as of 3 September 1992, the Convention on chemical weapons development, production, Stockpiling and use of chemical weapons and destruction;
44.3. the commitment not to export any form of anti-personnel mines;
27.6. the obligations in connection with participation in the Hague Code of conduct against the proliferation of ballistic missiles.
45. export and transit licences shall not be issued if the beneficiary country in respect of goods there by one of the following criteria: 45.1. the Committee has observed that a beneficiary country: goods for export or transit 45.1.1. for military technology or equipment has been or will be used for internal repression or armed conflict;
45.1.2. export or transit for military technology or equipment has been or will be used for aggression against another State or territorial claims, as well as other non-humanitarian purposes;
45.1.3. export or transit for military technology or equipment has been or will be used for purposes that support or promote terrorism and international organized crime;
45.1.4. military technology or equipment from the beneficiary country or re-export will redirect the end user to unwanted or undesirable end use;
45.2. The organizational structure of the United Nations, the European Union or the Council of Europe has found serious violations of human rights in the recipient country of the goods.
46. When deciding on the license, the Committee shall take into account: 46.1. or the beneficiary countries to comply with their obligations of non-proliferation of weapons and other arms control and disarmament areas-whether it is signed, ratified and implemented by the European Union code of conduct on arms exports, the first criterion "b" referred to in arms control and disarmament conventions;
46.2. the participation of beneficiary countries in the United Nations and other peacekeeping operations;
46.3. the beneficiary country shall send the technical possibilities to use the military technology or equipment;
46.4. the ability of beneficiary countries to implement effective export controls.
47. the Committee shall inform the Commission of the European Union and the Member States of export or transit licence applications rejected in accordance with the criteria referred to in these rules, and explain the reasons for the refusal. Deciding on the issue of the licence in the event the last three years the same business licence is refused by another Member State, the Committee must first consult the Member State or Member States which issued the denial. If, after consultation, the Committee decides to allow the export, it shall inform the Member State issuing the denial, the detailed explanation of the reasons for it.
48. the decision on any military technology or equipment transfer to another country adopted by the Committee. The Committee shall refuse to issue a licence and does not allow you to move in transit or export military technology or equipment, if that would have happened would have closed the transaction or contract in question.
49. the Committee regards the refusal and any advice confidentiality and information do not use unfair competition. The Committee's findings and the information gets only the regulations on information disclosure.
50. export and transit licences shall be issued on the basis of verified information gained about the real use of the goods to the recipient country. For the issuing of the licence, checks the end user certificate or equivalent document, or the beneficiary country's official permission. Evaluating the submissions license requests the military technology or equipment for export or transit to the production of third countries, the Committee shall take particular account of the potential of the final product of the country of use and the fact that the finished product can be diverted or exported to an undesirable end users for which certain weapons distribution embargo.
51. the criteria listed in these rules and this provision 47. consultation procedure referred to in paragraph 1, the Committee shall also apply to Member States with regard to dual-use goods and technologies referred to in Regulation (EC) no 428/2009 in annex I, provided that such goods and technologies, end users will be the beneficiary country's armed forces, the internal troops or similar units.
52. the Committee shall confidentially distributed to the other Member States of the European Union annual report on military technology and equipment exports.
Informative reference to European Union directives, the regulations include provisions resulting from: 1) of the Council of 18 June 1991, the provisions of Directive 91/477/EEC on control of the acquisition and possession of weapons;
2) of the European Parliament and of the Council of 21 May 2008 the Directive 2008/51/EC amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons.
The Prime Minister's site-traffic Minister k. Gerhard Foreign Minister a. seal annex 1: Cabinet of Ministers of 20 July 2010 Regulation No. 657 of the Republic of Latvia in the international import certificate for Foreign Minister a. seal annex 2 of the Cabinet of Ministers of 20 July 2010 regulations No 657 strategic product end use certificate sample Foreign Minister a. seal 3. Annex to the Cabinet of Ministers of 20 July 2010 regulations No 657 Foreign Minister a. seal annex 4 of the Cabinet of Ministers of 20 July 2010 regulations No 657 Foreign Minister a. seal
 
5. the annex to Cabinet of Ministers of 20 July 2010 regulations No 657 Foreign Minister a. seal