Aptauja ilgs līdz 23. oktobrim.
Regulations Regarding the Circulation of the Equipment, Devices or Instruments and their Components Specially Designed or Adapted for the Operational Activity Measures to be Performed by a Specific MethodIssued pursuant to 1. General Provisions1. This Regulation prescribes: 1.1. the procedures for the issuance of a special permit (license) of a specified form (hereinafter - special permit (license)) by the Security Police for commercial activities involving equipment, devices or instruments and their components specially designed or adapted for the operational activity measures to be performed by a specific method (hereinafter - special equipment), listed in the National List of Goods and Services of Strategic Significance of the Republic of Latvia; 1.2. the procedures for the re-registration, suspension and annulment of a special permit (licence); 1.3. the procedures for the circulation of special equipment - procedures for carrying out importation, exportation, transit and transfer of special equipment by a merchant between Member States of the European Union, as well as storing, selling, manufacturing and servicing (repair and maintenance) thereof; 1.4. the procedures for the payment of the State fee for the issuance and re-registration of a special permit (license), and the amount of the State fee. [12 October 2010] 2. A special permit (license) shall be issued, re-registered and annulled, and also suspended and renewed by a licensing commission established by the Security Police (hereinafter - Commission). The licensing commission shall consist of no less than five officials. [12 October 2010] 2. Procedures for Issuance of a Special Permit (License) by the Security Police[12 October 2010] 2.1. Procedures for Lodging a Submission for the Obtaining a Special Permit (Licence)3. In order to obtain a special permit (licence) a merchant shall lodge a submission to the licensing commission for the obtaining a special permit (licence) (Annex 1), accompanied with copies of the following documents: 3.1. statement that the merchant holds in its ownership, possession or use immovable property - premises where the merchant will store and manufacture special equipment or will carry out servicing (repair and maintenance) thereof; 3.2. documents proving that the premises where the merchant will store, manufacture or carry out servicing (repair and maintenance) of the special equipment, are: 3.2.1. equipped with an alarm system, and this alarm system is connected to a centralised security panel; 3.2.2. equipped with an access control system and secured against unauthorised entry of unauthorised persons; 3.2.3. secured by means for storage of special equipment and technological documentation; 3.3. a list indicating the merchant's members (natural persons), heads, persons who occupy positions in administration institutions, and employees of the merchant who are directly related to carrying out activities referred to in the special permit (license) (hereinafter - user), by indicating the position and personal identity number of each user. The following documents regarding each employee of the merchant shall be appended to the list: 3.3.1. a psychiatrist's opinion that the user has not been diagnosed with mental disorders; 3.3.2. a narcologist's opinion that the user has not been diagnosed with addiction to alcohol, narcotics, psychotropic or toxic substances. [12 October 2010] 4. The submission and the documents to be appended thereto shall be submitted in printed form or in the form of an electronic document in accordance with the laws and regulations regarding drawing-up of electronic documents. [12 October 2010] 2.2. Examination of the Submission by the Licensing Commission5. Within 30 days from receipt of the submission abovementioned in Paragraph 3 of this Regulation and the documents to be appended thereto, the licensing commission shall: 5.1. check whether users comply with the requirements laid down in Section 51, Paragraph three of the Law On the Circulation of Goods of Strategic Significance; 5.2. check whether restrictions for obtaining of a special permit (licence) laid down in Section 51, Paragraph seven of the Law On the Circulation of Goods of Strategic Significance do not apply to users; 5.3. request a statement of the State Revenue Service confirming that the merchant has no tax debts; 5.4. request a statement of the State Revenue Service regarding the customs warehouse where the merchant will store the special equipment; 5.5. request a reference of the Information Centre of the Ministry of the Interior as to whether the user within the period of the last year has not been administratively sanctioned for infringements committed under the influence of alcohol, narcotics, psychotropic or toxic substances; 5.6. request the opinion of the Security Police confirming that the premises where the merchant will store, manufacture or carry out servicing (repair and maintenance) of the special equipment and the means for storing the special equipment or technological documentation comply with the requirements for work with objects of official secret; 5.7. request information from the State Police, the Prosecutor's Office or State intelligence and security services as to whether they do not have at their disposal information that would attest affiliation of users to prohibited military or armed groups, associations, foundations, political parties or the unions thereof, trade unions or the unions thereof, and also religious organisations. [12 October 2010] 6. The merchant may also submit the documents abovementioned in Sub-paragraphs 5.3 and 5.4 of this Regulation concurrently with the submission abovementioned in Paragraph 3 of this Regulation. 7. If information regarding a user - a foreign citizen - needed to be requested from a foreign law enforcement authority, and the information has not been received within the laid down time period, the licensing commission in accordance with the procedures laid down in the Administrative Procedure Law shall extend the time period for the examination of the submission until the day of receipt of the requested information. 8. The licensing commission is entitled to invite the head of the merchant or authorised representative thereof to the meeting of the licensing commission. If the person invited fails to appear for the meeting of the licensing commission, the issue regarding issue of a special permit (license) shall be postponed, and another date of examination no later than within a month from postponing of the issue shall be determined, whereof the submitter of the submission shall be informed in writing. 9. If the head of the merchant or authorised person thereof fails to repeatedly appear for the meeting of the licensing commission, the submission and appended documents thereto with an indication that the submission shall be submitted repeatedly in accordance with the general procedures shall be sent to the merchant. 10. If the information indicated in the submitted documents is incomplete or imprecise, the statements abovementioned in Sub-paragraphs 5.3, 5.4 and 5.5 of this Regulation have not been received, or an additional verification is needed to make the decision, the licensing commission in accordance with the procedures laid down in the Administrative Procedure Law shall extend the time period for making a decision and shall perform an additional verification for making a decision or request the necessary information from the merchant. The submission shall be examined` after receipt of the necessary information or results of the verification. [12 October 2010] 11. The licensing commission after examination of the submission shall take a decision to issue a special permit (license) or refuse to issue a special permit (license). The licensing commission shall inform the merchant of its decision in writing. 12. If in the verifications abovementioned in Sub-paragraphs 5.1 and 5.2 of this Regulation restrictions referred to in Section 51 of the Law On the Circulation of Goods of Strategic Significance have been established or negative statements for the merchant abovementioned in Sub-paragraphs 5.3 and 5.4 of this Regulation have been received, the licensing commission shall take a decision to refuse to issue a special permit (license). [12 October 2010] 13. If a decision to refuse to issue a special permit (license) has been made, the licensing commission within three working days from the meeting of the licensing commission shall notify the merchant thereof. If a decision to issue a special permit (license) has been made, the licensing commission shall within three working days from the receipt of the State fee issue a special permit (license) of a specified form (Annex 2) to the head of the merchant or authorised person thereof. [12 October 2010] 14. The following information shall be indicated in the special permit (license): the type, name, registration number, legal address of the merchant, type of the special permit (license), and address where storage, sale, manufacturing or servicing of the special equipment is permitted. 15. Upon the receipt of a special permit (license) in printed form the head of merchant or its authorised person shall present a personal identification document and sign for the receipt of the special permit (license). [12 October 2010] 15.1 If the merchant has indicated in the submission that it wishes to receive the special permit (licence) in the form of an electronic document, the licensing commission shall verify whether the State fee has been paid and, within three working days of making the decision, shall send the special permit (licence) in the form of an electronic document in accordance with the laws and regulations regarding drawing up of electronic documents. [12 October 2010] 16. If in the cases laid down in the Law On the Circulation of Goods of Strategic Significance the licensing commission decides to refuse to issue a special permit (license), the merchant may submit a new submission for obtaining of a special permit (license) no earlier than after one year. 2.3. Procedures for Repeated Issuance of a Special Permit (Licence)17. If the information indicated in the special permit (license) has changed, the merchant shall submit a submission to the licensing commission for obtaining of a special permit (license). Documents attesting changes shall be appended to the submission. The licensing commission within a month shall examine the submission, inform the merchant in writing of the decision made, and, if the decision is positive, re-issue a special permit (license). The merchant may resume its commercial activity after obtaining the special permit (licence). [12 October 2010] 18. If a special permit (license) has been lost, the merchant, no later than within three working days shall inform the licensing commission thereof and lodge a submission with a request to issue a duplicate of the special permit (license). The licensing commission shall issue the duplicate of the special permit (license) within 30 days from the receipt of the submission. 19. Upon repeated obtaining a special permit (license) or upon obtaining a duplicate of the special permit (license) in printed form, the head of the merchant or authorised person thereof shall present a personal identification document and sign for the receipt of the special permit (license). [12 October 2010] 19.1 If the merchant has indicated in the submission that he or she wishes to receive the special permit (licence) to be issued repeatedly or the duplicate of the special permit (licence) in the form of an electronic document, the licensing commission shall verify whether the State fee has been paid and, within three working days from making the decision, shall send the special permit (licence) in the form of an electronic document in accordance with the laws and regulations regarding drawing up of electronic documents. [12 October 2010] 20. If a merchant wishes to change the user, the merchant shall inform the licensing commission thereof, by submitting the documents abovementioned in Sub-paragraphs 3.3.1 and 3.3.2 of this Regulation accordingly, and the licensing commission shall provide its opinion as to whether the restrictions referred to in Section 51 of the Law On the Circulation of Goods of Strategic Significance do not apply to the user. If information regarding a user - a foreign citizen - needed to be requested from a foreign law enforcement authority, and the information has not been received within the laid down time period, the licensing commission in accordance with the procedures laid down in the Administrative Procedure Law shall extend the time period for the examination of the submission until the day of receipt of the requested information. The merchant shall introduce changes in the composition of users after the receipt of the opinion of the licensing commission. 2.4. Re-registration of a Special Permit (Licence)21. In order to carry out annual re-registration of a special permit (license), a merchant shall no later than one month before the expiry of re-registration term submit the documents abovementioned in Paragraph 3 of this Regulation to the licensing commission, if the information referred to in these documents has changed, the validity time period of a document has expired, or users have been changed. 22. The licensing commission shall within 30 days carry out examination and inform the merchant in writing regarding the decision taken. 2.5. Suspending of Operation and Annulment of a Special Permit (Licence)23. In the cases laid down in the Law On the Circulation of Goods of Strategic Significance the licensing commission shall make a decision to suspend operation of a special permit (licence) and inform the Committee for Control of Goods of Strategic Significance thereof. 24. The merchant, operation of the special permit (licence) issued to whom has been suspended, may recommence the commercial activities indicated in the special permit (licence) only after the licensing commission has made a decision to restore the operation of the special permit (licence). 25. If the licensing commission has not received information that the merchant within one month from the receipt of the decision regarding suspending of operation of a special permit (licence) has rectified the infringement, the special permit (licence) shall be annulled. In order to obtain a new special permit (license), the merchant shall submit the documents in accordance with the general procedures. 26. Upon making a decision to annul a special permit (licence), the licensing commission shall specify a date, from which the special permit (licence) is annulled, however, it shall not be later than within one month from the day of taking a decision. The licensing commission shall inform the Committee for Control of Goods of Strategic Significance in writing of its decision. 27. If the licensing commission has decided to annul a special permit (license), it shall within three working days from day when the decision was made inform the merchant in writing thereof in accordance with the procedures laid down in the laws and regulations regulating administrative procedure. 28. If the decision has been made to annul a special permit (license), the merchant (a member of the merchant or an official who has established a new commercial company) may submit a submission for obtaining a special permit (license) no earlier than after one year. 29. If the operation of a special permit (license) has been terminated or a special permit (license) has been annulled, a merchant shall within three working days from the day of taking the decision transfer the special permit (license) to the licensing commission. 30. A merchant who has decided to terminate the commercial activity specified in the special permit (license) shall lodge a submission to the licensing commission regarding the termination of the commercial activity and the report referred to in Paragraph 43 of this Regulation, and also transfer the special permit (licence) for annulment. 3. Procedures for Importation, Exportation, Transporting in Transit, Moving, Transporting, Storing and Selling Special Equipment3.1. General Provisions31. A merchant shall store the special equipment to be sold in specially equipped premises that comply with the requirements for work with objects of official secret and the address of which is indicated in the special permit (licence). [12 October 2010] 32. A merchant shall ensure that access and the conducting of inspection are possible during the working hours for the officials of the State authorities entitled to perform the control of commercial activities at the premises indicated in the special permit (licence). 33. A merchant shall store the special equipment to be sold in a customs warehouse, the holder of which has obtained an authorisation of the State Revenue Service for storage of goods listed in the National List of Goods and Services of Strategic Significance of the Republic of Latvia. [12 October 2010] 34. A merchant shall carry out the commercial activity indicated in the special permit (license) ensuring such circulation conditions for the special equipment not come into possession of unauthorised persons. If it is necessary to use official secret for the commercial activities, the merchant shall ensure its protection in conformity with the laws and regulations governing the field of the official secret. 3.2. Importation, Exportation, Transit, Storing and Selling of Special Equipment35. A merchant may store, import, export, move, transport in transit and sell special equipment which he or she has manufactured or acquired: 35.1. from merchants, to whom the Ministry of the Interior has issued a special permit (license) for the manufacture and sale of goods; 35.2. from institutions; 35.3. abroad from merchants. 36. A merchant, in order to carry out commercial activity indicated in the special permit (licence), shall: 36.1. upon acquisition of special equipment from a foreign merchant or a merchant who has received a special permit (license), draw up transaction source documents; 36.2. upon acquisition of special equipment abroad, in addition to the transaction source documents abovementioned in Sub-paragraph 36.1 of this Regulation obtain a license for importation or movement of goods of strategic significance from European Union Member States; 36.3. upon acquisition or receipt of special equipment from the Ministry of the Interior, State intelligence and security services, the Prison Administration, the Corruption Prevention and Combating Bureau, the Prosecutor's Office or the State Revenue Service, in the letter (in two copies) of the respective authority (hereinafter - institution) make an entry on the acquisition and receipt of the special equipment (the first copy of the document shall be stored by the merchant). [12 October 2010] 37. Within twenty-four hours from the acquisition or importation of the special equipment in the Republic of Latvia or transportation of the special equipment from premises where the merchant will store, manufacture or service (repair and maintenance) the special equipment to other premises, the merchant shall register the special equipment in the Recording Journal of Special Equipment (Annex 3). Special equipment may be exported, moved, or transported in transit and sold only after registration in the abovementioned journal. 38. The Recording Journal of Special Equipment shall be bound together, have numbered pages and approved with the seal of the merchant and the seal of the Security Police. The Recording Journal of Special Equipment shall be kept in each place of sale and storage of the special equipment. 39. A merchant shall import, export and move in transit the special equipment in conformity with the licence issued by the Control Committee of the Goods of Strategic Significance, and information indicated in the license request declaration. 40. When carrying out importation, exportation, moving or transporting in transit of special equipment one copy of the licence issued by the Control Committee of the Goods of Strategic Significance shall be kept together with the goods. 41. Upon selling of special equipment the merchant shall draw up source documents of the transaction. [12 October 2010] 42. The merchant shall keep record of: 42.1. source documents of transactions; 42.2. recording journal for source documents of transactions; 42.3. technical documentation of the manufacturer of the special equipment owned by the merchant; 42.4. transaction documents of importation, exportation, transfer and transit of special equipment; 42.5. recording journal of special equipment. [12 October 2010] 43. A merchant shall once a year, or upon termination of its commercial activity submit to the licensing commission a report of all special equipment stored by the merchant and sold during the reporting period (Annex 4). The report shall contain the following information regarding each special equipment: type, model, series (if assigned by the manufacturer of the equipment), number (if assigned by the manufacturer of the equipment) and name of the legal person which has acquired the special equipment. 44. If the activities of a merchant have been suspended or terminated, the head of the merchant shall, within three working days: 44.1. inform the licensing commission thereof in writing; 44.2. submit to the licensing commission the special permit (licence) and recording journal of special equipment. 3.3. Manufacturing and Technical Servicing (Maintenance and Repair) of Special Equipment45. A merchant shall manufacture and carry out servicing (maintenance and repair) of special equipment in the premises that comply with the requirements for work with objects of official secret and the address of which is indicated in the special permit (licence). [12 October 2010] 46. A merchant shall ensure that access and the conducting of inspection are possible during working hours for the officials of State authorities entitled to perform the control of commercial activities at the premises indicated in the special permit (licence), where the commercial activities are carried out. 3.4. Manufacturing of Special Equipment47. A merchant shall register the manufactured special equipment in the recording journal of manufactured special equipment (Annex 5), indicating the manufacturing date, type and number assigned. 48. The manufactured special equipment shall be labelled in conformity with the standards laid down in the laws and regulations. 49. The institution upon a request of which special equipment has been manufactured for the execution of one specific task, whether the special equipment is disguised or not, shall be responsible for the recording and use of such special equipment. The procedures for recording and use shall be determined by the head of the respective institution. 3.5. Servicing (Maintenance and Repair) of Special Equipment50. A merchant may accept for repair and carry out maintenance of special equipment received from: 50.1. a merchant which has a special permit (licence); 50.2. an institution; 50.3. a foreign merchant; 50.4. a foreign institution. 51. Upon delivering the special equipment for servicing (repair and maintenance), the head of the merchant abovementioned in Sub-paragraph 50.1 of this Regulation or authorised responsible person thereof or responsible person authorised by the institution shall present a personal identification document and submit a letter sealed by the legal person or institution and signed by the head of the merchant or institution (two copies). The following information shall be indicated in the letter: 51.1. requisites of the legal person or institution, date of drawing up of the letter and registration number thereof; 51.2. given name, surname and personal identity number of the authorised responsible person; 51.3. number of the special permit (licence) of the legal person; 51.4. name and address of the merchant to whom the special equipment is delivered for repair; 51.5. type and number (if assigned by the manufacturer) of the special equipment delivered for servicing (repair and maintenance); 51.6. the required service. 52. Upon the receipt of the special equipment for servicing (repair and maintenance), the merchant shall register it in the Recording Journal for Servicing (Maintenance and Repair) of Special Equipment (Annex 6). The following information shall be indicated in the journal: 52.1. name, type and number (if assigned by the manufacturer) of the special equipment; 52.2. date of receipt and registration number of the letter of the merchant or institution; 52.3. name, registration number and address of the merchant or institution; 52.4. given name, surname and personal identity number of the responsible person authorised by the merchant; 52.5. given name, surname and position of the responsible person authorised by the institution; 52.6. date and time of acceptance of the special equipment; 52.7. works to be performed. 53. The Recording Journal of Servicing (Repair and Maintenance) of Special Equipment shall be bound together, have numbered pages and confirmed with a seal of the merchant. 54. Upon delivering the special equipment for servicing (repair and maintenance), as well as upon receiving the special equipment after repair, the person delivering and receiving the special equipment shall sign in the Recording Journal for Servicing (Maintenance and Repair) of Special Equipment. 55. The head of the merchant or the employee who carries out servicing (repair and maintenance) of the special equipment, upon receiving the special equipment after servicing (repair and maintenance), shall sign in the letter (both copies) abovementioned in Sub-paragraph 51 of this Regulation and confirm it with a seal. 56. The head of the merchant or the employee who carries out servicing (repair and maintenance) of the special equipment, upon returning the special equipment after servicing (repair and maintenance) to the responsible person abovementioned in Sub-paragraph 51.2 of this Regulation shall sign in the letter (both copies) of the legal person and institution, specifying the amount of work carried out and seal the letter. A person, who receives the special device, shall with his/her signature in the letter (both copies) confirm the receipt of the special equipment. 57. One copy of the letter shall remain with the merchant, the other - with the legal person or institution, which delivered the special equipment for servicing (repair and maintenance). 58. Upon a written request of the legal person or institution the merchant may carry out servicing (repair and maintenance) of the special equipment in the premises at disposal of the legal person or institution. 4. Amount of the State Fee for the Issuance and Re-registration of a Special Permit (License) and Procedures for Payment of the State Fee59. The amount of the State fee for the issuance of a special permit (license) is set at 1 422.87 euro. [29 October 2013] 60. The amount of the State fee for the receipt of a special permit (license) repeatedly, or for the receipt of a duplicate of a special permit (license) is set at 14.23 euro. [29 October 2013] 61. The special permit (licence) shall be re-registered free of charge. 62. The State fee shall be paid before the receipt of a special permit (license) (also repeatedly) or duplicate of a special permit (license), through such payment institution, which has the right to provide payment services within the meaning of the Law On Payment Services. [12 October 2010] 63. The State fee for annulled special permits (licenses) shall not be refunded. Prime Minister V. Dombrovskis Minister for the Interior L. Mūrniece
Annex 1 [12 October 2010] Sample of a Submission for the Obtaining of a Special Permit (Licence)
Addresses of manufacturing (production) or technical servicing workshop, storage and sale premises: 1. I declare that the premises for storage, sale, manufacturing or servicing of the equipment, devices or instruments and their components specially designed or adapted for the operational activity measures to be performed by a specific method are in the merchant's (mark the appropriate by inserting X in the respective cell): ownership possession use 2. I append the following (mark the submitted documents by inserting X in the respective cell) to the submission: 2.1. documents proving that the premises, in which the merchant will store, manufacture or service the special equipment (repair and maintenance), are: equipped with an alarm system, and this alarm system is connected to a centralised security panel equipped with an access control system and secured against unauthorised entry of unauthorised persons secured by means for storage of special equipment and technological documentation 2.2. a list of the members of the merchant where members of the merchant are indicated: natural persons, heads and persons who occupy positions in the administration institutions of the merchant, employees of the merchant who are directly related to carrying out activities related to manufacture, technical servicing, sale, storage, transportation, guarding or provision of the relevant services of equipment, devices or instruments and their components specially designed or adapted for the operational activity measures to be performed by a specific method (the position and personal identity number of each user shall be indicated in the list) 2.3. the following documents shall be submitted regarding each employee: 2.3.1. psychiatrist's opinion 2.3.2. narcologist's opinion 3. I wish to receive the special permit (licence): 3.1. in a printed form 3.2. in the form of an electronic document
Place for a seal*
Note. * The details of the document "signature", "date" and "place for a seal" shall not be completed if the electronic document has been drawn up in accordance with the laws and regulations regarding the drawing up of electronic documents.
Annex 2 [12 October 2010] (Supplemented lesser State coat of arms of Latvia) SECURITY POLICESPECIAL PERMIT (LICENCE) No. _________
Issued on ______________(date), minutes No.____ of the meeting of the Licensing Commission of the Security Police
Place for a seal* Note. * The details of the document "signature" and "place for a seal" shall not be completed if the electronic document has been drawn up in accordance with the laws and regulations regarding drawing up of electronic documents.
Annex 3 [12 October 2010] Sample of a Recording Journal for Merchant's Equipment, Devices or Instruments and their Components Specially Designed or Adapted for the Operational Activity Measures to be Performed by a Specific Method
Annex 4 Report on the Special Equipment Stored by a Merchant and Sold in 20____.
Minister for the Interior L. Mūrniece
Annex 5 Sample of a Recording Journal for the Equipment, Devices or Instruments and their Components Manufactured by a Merchant and Specially Designed or Adapted for the Operational Activity Measures to be Performed by a Specific Method
Minister for the Interior L. Mūrniece
Annex 6 Sample of a Recording Journal for Servicing (Maintenance and Repair) of Special Equipment
Minister for the Interior L. Mūrniece
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Title: Noteikumi par sevišķā veidā veicamiem operatīvās darbības pasākumiem speciāli radītu vai pielāgotu ..
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