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Latvia. 2021 ‘Section 5.’ Law on the Circulation of Goods of Strategic Significance; Section 5. Riga: Latvia. 7 January

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Section 5. Special Provisions for the Separate Issuance of Licences for Goods of Strategic Significance

(1) Upon receipt of a licence for the transfer, export, import, or transit of a source of ionising radiation (including nuclear material) an entity for the circulation of goods of strategic significance shall require a special permit (licence) issued by the Radiation Safety Centre of the State Environmental Service for activities with sources of ionising radiation.

(2) Upon receipt of a licence for the transfer, export, import, or transit of military goods referred to in the Common Military List of the European Union, an entity for the circulation of goods of strategic significance shall require a special permit (licence) issued by the Ministry of Defence for commercial activities with the goods referred to in the Common Military List of the European Union.

(3) The procedures for issuing, re-registering, cancelling, and suspending activities of the special permits (licences) referred to in Paragraph two of this Section, and also the amount of the State fee to be paid for the issuance thereof shall be determined by the Cabinet.

(4) Individual merchants or commercial companies are entitled to receive a special permit (licence) issued by the Ministry of Defence for commercial activities with the goods referred to in the Common Military List of the European Union, if there is no information at the disposal of the State intelligence and security services that the activities of the relevant merchant are directed against the security of the Republic of Latvia or that this merchant violates the restrictions incorporated in international treaties or prescribed by international organisations, and also if the merchant or commercial company owns, the merchant or commercial company has premises in its possession or use in which the merchant or commercial company will store the goods referred to in the Common Military List of the European Union, or if the abovementioned entity has entered into a relevant safekeeping contract and its participants (natural persons), except for stockholders whose participation in the equity capital of the company is less than 10 per cent from the equity capital of the company, procuration holders, heads and persons who hold office in administrative bodies, and also employees who are directly related to the production, repair, distribution, storage, transportation of military goods referred to in the Common Military List of the European Union, the provision of services related thereto or guarding, conform to the following requirements:

1) they are citizens of the Republic of Latvia or citizens of a European Union Member State, or citizens of a European Economic Area State who have attained the age of at least 21;

2) they have not been punished for committing an intentional criminal offence - at least one year after a conviction being extinguished or removed;

3) a psychiatrist's opinion that they have not been diagnosed with mental disorders is available;

4) a narcologist's opinion that they have not been diagnosed with addiction to alcohol, narcotic, psychotropic, or toxic substances is available;

5) within the period of the last year they have not been administratively punished for violations committed under the influence of alcohol, narcotic, psychotropic, or toxic substances;

6) the State Police, the public prosecutor, or State intelligence and security services have no information that would attest to their affiliation to prohibited military or armed groups, public organisations (parties) or the unions thereof;

7) they have a declared (registered) place of residence;

8) [14 July 2011];

9) they have not been released from criminal liability in accordance with Section 58 of the Criminal Law - until a year has passed after entering into effect of the relevant decision;

10) they have not been conditionally released from criminal liability in accordance with Section 58.1 of the Criminal Law - before the end of the probationary period;

11) they have not been released from punishment or serving a sentence in accordance with Section 59 of the Criminal Law until a year has passed after entering into effect of the decision to release from punishment or from serving the sentence;

12) they are not applied the status of a suspect;

13) they are not held to criminal liability for committing a criminal offence;

14) their special permit (licence) for commercial activities with weapons, ammunition, or pyrotechnic articles, explosives and explosive devices has not been cancelled in accordance with the Law on the Handling of Explosives for Civil Uses, the Law on the Handling of Weapons and Special Means, or the Law on Circulation of Pyrotechnic Articles, while a year has not passed since its cancellation.

(41) Upon issuing the special permit (licence) for commercial activities with the goods referred to in the Common Military List of the European Union, the Ministry of Defence shall indicate the goods referred to in the Common Military List of the European Union with which the individual merchant or commercial company has the right to conduct commercial activities.

(5) A special permit (licence) issued by the Ministry of Defence for commercial activities with the goods referred to in the Common Military List of the European Union following payment of the State fees stipulated by the Cabinet shall be issued for an indefinite period of time and it shall be re-registered each year with the Ministry of Defence.

(6) The Ministry of Defence is entitled not to issue a special permit (licence), refuse its re-registration, suspend its activities for a period of time of up to two months, or cancel it, if:

1) a merchant has been found guilty by judgment of a court for involvement in an illegal organisation, fraudulent activities in the field of finance or in the legalisation of illegally acquired resources;

2) a merchant has been declared by judgment of a court as insolvent, his or her economic activities have been suspended or terminated or court proceedings have commenced regarding the bankruptcy of the merchant;

3) based on the judgment of a court in force or an opinion provided by another competent authority regarding significant violation of the laws and regulations governing the relevant sector, and also significant violation of environmental protection, competition and employment law, violations of the professional activities of the merchant have been determined within the last three years until examination of the relevant decision of the Ministry of Defence;

4) it has been determined that the merchant has provided false information in order to receive or re-register a special permit (licence);

5) the merchant does not conform with the requirements of Paragraph four of this Section;

6) the provisions of this Law or other laws and regulations or the conditions incorporated in the special permit (licence) have been violated;

7) it is determined by another law or a court ruling;

8) [Clause shall come into force on 1 June 2021 and shall be included in the wording of the Law as of 1 June 2021. See Paragraph 13 of Transitional Provisions];

9) [Clause shall come into force on 1 June 2021 and shall be included in the wording of the Law as of 1 June 2021. See Paragraph 13 of Transitional Provisions];

10) [Clause shall come into force on 1 June 2021 and shall be included in the wording of the Law as of 1 June 2021. See Paragraph 13 of Transitional Provisions];

11) [Clause shall come into force on 1 June 2021 and shall be included in the wording of the Law as of 1 June 2021. See Paragraph 13 of Transitional Provisions].

(7) On the transfer of goods of strategic significance from one third country to another, an intermediary transaction may only be performed with a licence for the transit of goods of strategic significance issued by the Committee. If the relevant goods are referred to in the Common Military List of the European Union, the transaction shall require a special permit (licence) issued by the Ministry of Defence for commercial activities with the goods referred to in the Common Military List of the European Union.

(8) The procedures by which a merchant shall store the military ammunition, military pyrotechnics, military explosives, and explosive devices referred to in the Common Military List of the European Union, and also the requirements for warehouses of the abovementioned goods shall be determined by the Cabinet.

(9) In order to receive a licence for the transfer, export, import, or transit of explosives or explosive devices intended for blasting works, an entity for the circulation of goods of strategic significance in accordance with the Law on the Handling of Explosives for Civil Uses shall require a special permit (licence) issued by the State Police.

(10) In order to receive a licence for the transfer, export, import, or transit of Category A automatic firearms, Categories B, C, and D weapons for hunting, sport, and self-protection and the parts and ammunition of the abovementioned firearms, high energy pneumatic weapons, and also Categories F2, F3, and F4 firework articles and Category T2 theatrical pyrotechnic articles, an entity for the circulation of the goods of strategic significance in accordance with the Law on the Handling of Weapons and Special Means and the Law on Handling of Pyrotechnic Articles shall require a special permit (licence) issued by the State Police.

(11) The Committee shall coordinate the issuance of a licence for the transfer, export, import, or transit of goods of strategic significance with the administrative institution of the State that has issued a special permit (licence) provided for in Paragraph one, two, nine, or ten of this Section. The relevant administrative institution of the State shall, within three working days after receipt of a request from the Committee, grant approval or a justified refusal for the issuance of a licence.

(12) The Committee shall issue the general export and general transit licences to entities of goods of strategic significance which have not been punished for violations of this Law and which export the same goods to the same end-users. The term of validity of general export licences shall be one year. The procedures for issuing general export licences shall be determined by the Cabinet.

(13) A decision to refuse to issue a special permit (licence), to suspend or cancel the operation of a special permit (licence) may be contested and appealed in accordance with the procedures laid down in the Administrative Procedure Law. Contesting and appeal of a decision to suspend or cancel the operation of a special permit (licence) shall not suspend its operation.

ID: Q14835

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