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Latvia. 2021 ‘Sections 7-11.’ Law on the Circulation of Goods of Strategic Significance; Sections 7-11. Riga: Latvia. 7 January

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Section 7. General Provisions for the Issuance and Use of Expert Statements, End-use Statements, Delivery Verification Certificates, and Licences for the Transfer, Export, Import, and Transit of Goods of Strategic Significance, and Documents of Prior Consent

(1) Expert statements, end-use statements, import certificates, delivery verification certificates, and licences for goods of strategic significance shall be issued by the Committee to entities for the circulation of goods of strategic significance upon their request. A State fee shall be collected for the issuance of the abovementioned documents.

(2) The requirements for the issuance, suspension, and cancellation of a document of prior consent for the transfer of firearms and ammunition or explosives among European Union Member States shall be determined by the Cabinet.

(3) A State fee for the issuance of the documents referred to in Paragraph one of this Section need not be paid if the goods of strategic significance:

1) are brought in or brought out temporarily (for repair, exhibitions, or commercial samples);

2) are brought in or brought out from the country by the authorities and institutions financed by the State budget;

3) are brought out by an entity for the circulation of the goods of strategic significance which is the manufacturer of such goods and a certification has been submitted to the Committee that the goods have been manufactured in the Republic of Latvia.

(4) The Cabinet shall determine the procedures by which an expert statement, an end-use statement, and an import certificate shall be issued or refused to be issued, the procedures by which a licence for the transfer, export, import, and transit of goods of strategic significance and a delivery verification certificate shall be issued, refused to be issued, suspended, or cancelled, and also the amount of the State fee to be paid for the issuance of such documents and the procedures for payment thereof.

[12 March 2009; 20 May 2010; 31 March 2016]

Section 8. International Import Certificate and End-use Statement of the Republic of Latvia

(1) If the export control authorities of an exporting country request an international import certificate or an end-use statement of the Republic of Latvia, an entity for the circulation of goods of strategic significance shall submit a request to the Committee for the receipt of the abovementioned documents.

(2) An international import certificate of the Republic of Latvia shall not replace the licence for the import of goods of strategic significance.

Section 9. International Import Certificate and End-use Statement of Foreign Countries

(1) In order to receive a licence for the export or transit of goods of strategic significance, an entity for the circulation of goods of strategic significance shall submit to the Committee an international import certificate of the importing country or an end-use statement of the goods, or an equivalent document.

(2) If an international import certificate, an end-use statement or an equivalent document of a foreign country is not in the English language, the entity for the circulation of goods of strategic significance shall submit to the Committee a notarially certified translation into the official language thereof.

(3) Based on the information on the end-user of goods of strategic significance and the nature of the goods, the Committee is entitled to define exceptions when an international import certificate, an end-use statement, or an equivalent document of a foreign country thereto shall not be necessary. The abovementioned documents shall not be necessary for repeat requests for licences for export or transit transactions with one and the same goods for the same end-user.

(4) If an importer of goods of strategic significance represents a government, a confirmation from the Ministry of Foreign Affairs of the relevant country shall be necessary that the importer is entitled to operate in the name of the State.

(5) End-use statements issued by the export or transit mediators shall not be sufficient grounds for the receipt of a licence for the export or transit of goods of strategic significance.

Section 10. Delivery Verification Certificate

(1) If the export control authorities of an exporting country of goods of strategic significance request a delivery verification certificate, the importer shall submit the relevant application to the Committee and present a customs declaration that confirms that the goods are imported into the territory of the Republic of Latvia.

(2) Based on the documentation referred to in Paragraph one of this Section, the Committee shall issue a delivery verification certificate.

Section 11. Identification of Goods and Expert Statements

(1) If an entity for goods of strategic significance or State institution related to the control of the circulation of goods of strategic significance has to clarify whether or not the relevant goods are goods of strategic significance, the accompanying documents of the goods shall be sent by means of electronic communication to the Committee's specialist for the identification of goods of strategic significance. The specialist, based on the documents and other available information, and also his or her special competence, shall take a decision and make one of the following marks on the documents:

1) a licence shall be necessary for the goods;

2) a licence shall not be necessary for the goods;

3) additional information is necessary for the identification of the goods;

4) an expert-examination of the goods shall be necessary;

5) the goods are related to weapons of mass destruction - a licence shall be necessary.

(2) The Committee is entitled to request the technical indicators of the goods, the results of laboratory testing or experiments, equipment certificates, chemical formulae and other information or samples of goods that enable the determination of whether or not the relevant goods are goods of strategic significance.

(3) If the goods for export, import, or transit are complex chemical substances, technology, software, materials or equipment which according to the description of the goods, in accordance with the combined nomenclature, the intended use or other features could be goods of strategic significance, the specialists for the identification of goods of strategic significance appointed by the Committee within 30 working days after receipt of a request from an entity for the circulation of goods of strategic significance shall determine whether or not they are goods of strategic significance. If an expert-examination of the goods is necessary, this deadline may be extended, based on the Committee's decision. If it is ascertained that the relevant goods are not goods of strategic significance, the Committee shall issue the relevant statement to the entity for the circulation of goods of strategic significance.

(4) An expert-examination of goods of strategic significance upon request of an authority for the control of goods of strategic significance or the Committee shall be ensured as follows:

1) for goods referred to in the Common Military List of the European Union, pyrotechnics and explosives - experts appointed by the Ministry of Defence or the State Police;

2) for nuclear materials, nuclear technology, and sources of ionising radiation - experts appointed by the Radiation Safety Centre of the State Environmental Service;

3) for chemical substances - experts appointed by the State Environmental Service;

4) biological agents and equipment - experts appointed by the Ministry of Welfare;

5) for investigatory operational measures to be performed by a specific method, specially designed or adapted equipment, devices, and instruments and their components and software - experts appointed by the State Security Service.

(5) If necessary, the Committee is entitled to invite other specialists from specific sectors of Latvia and foreign countries as experts for the identification of goods.

(6) The Committee shall take decisions based on the opinions of the experts invited by the Committee.

(7) The costs for the expert-examination of goods of strategic significance shall be covered by the entity for goods of strategic significance.

[20 May 2010; 31 March 2016; 9 July 2020]

ID: Q14800

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