Introduction The Republic of Latvia: signed (1992) Treaty on the Non-Proliferation of Nuclear Weapons, signed and ratified (1996) the Convention on the Prohibition of Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, ratified (1997) the adherence to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, ratified (1997) accession to the Supplementary Protocol of Convention on the Prohibition of Use or Limitation of Certain Kinds of Weapons Regarded as Weapons of Mass Destruction or Nonselective Action and has signed (1993) the Agreement with the International Atomic Energy Agency on the Application of Safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons. According with the principles of the agreements and conventions mentioned above Latvian government in 1995 introduced export, import and transit control system based on the guidelines of AG, NSG and MTCR and later made formal applications for membership of AG, NSG and the Wassenaar Arrangement international export control regimes. Latvia has been accepted as a member of NSG and IAEA in 1997. Two years of export, import and transit control practice made it clear that a number of amendments to existing regulations of control are necessary, but ratification of CWC required complete rewriting of regulations and so since December of 1997 in Latvia there are new regulations in force. The Legal Basis of Latvian Export Import and Transit Controls The following provides the legal basis for export, import and transit control: - Regulations of the Cabinet of Ministers No. 429, December 23, 1997 "Regulations of the Control Committee of Strategic Goods" - Regulations of the Cabinet of Ministers No. 421, December 16, 1997 "Regulations of the Control of Strategic Goods" - Decision of the Control Committee of Strategic Goods, May 14, 1997 "On Lists of Goods, Production, Services and Technologies Which Require Licences for Export, Import and Transit". The Regulations have been published in the official newspaper and translated into English. English copies are available at the Latvian Export and Import Control Department. Licensing Authority Applications for export, import and transit licences and international import certificates for strategic goods are submitted to the Latvian Export and Import Control Department of the Latvian Development Agency (hereinafter - the Department). The Department is a non-governmental institution accountable to government responsible for pre-licence checks, preparing of licences, control of use of strategic goods, delivery verification and maintaining data bases of customers, goods and issued documents. The address of the Department is Dr. Girts Krumins Deputy Director of Latvian Export and Import Control Department Latvian Development Agency Perses iela 2, Riga, LV-1442 Tel. 371 - 7212 595, Fax 371 - 7287503 gkrumins@lda.gov.lv Export, import and transit licences and import certificates are signed by the Chairman, his deputies or the Secretary of the Control Committee of Strategic Goods (hereinafter - the Committee) and authorised by the seal of the Ministry of Foreign Affairs. The Committee is an inter-ministerial body appointed by the Cabinet of Ministers and it consists of representatives of Ministry of Foreign Affairs, Ministry of Defence, Ministry of Interior, Ministry of Agriculture, Ministry of Environmental Protection, Ministry of Economy, Ministry of Finance, State Revenue Service, Customs Department and Security police. The Committee determines export and import control policy, lists of goods subject to control and is responsible for implementation of international economic sanctions and embargoes. The address of the Committee is Mr. Maris Riekstins Chairman of Control Committee of Strategic Goods Ministry of Foreign Affairs Brivibas Blv. 36, Riga, LV-1395 Tel. 371 - 7288656, Fax 371 - 882 8121 Enforcement and Penalties The Customs Department and the Security Police are responsible for export, import and transit control enforcement. The Customs and Police co-operate closely with the Export and Import Control Department and are linked to the data bases of the Department. Inspections of export, import and transit goods takes place at customs on an ad hoc basis or confidential information. The Department makes random controls of use and storage of imported strategic goods. Such controls may also be made on request of export control authorities of exporting countries. The Latvian Criminal Code provides penalties for violations of the export control regulations - a fine or imprisonment for up to ten years, or both. The penalty for illegal handling of nuclear materials or sources of radiation or CWC toxic chemicals is imprisonment for up to five years. Besides that a penalty of fines may be imposed in accordance with the Latvian Administrative Code for providing false information or forged documents to the export control authorities. For lesser violations of export control regulations the Committee may deny licences to guilty companies. Lists of Goods Subject to Export, Import and Transit Control The Regulations of Control of Strategic Goods define Strategic Goods as goods, materials, equipment, technologies, software and services listed by the Control Committee of Strategic Goods. The latest decision of the Committee of May 14, 1997 contains three lists: 1) List of Toxic Chemicals of the Convention on the Prohibition of Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; 2) List of Arms, Weapons and Munitions; 3) List of Dual-Use Goods; List 1 contains toxic chemicals of the schedules 1, 2 and 3 of the CWC. The separate list for CWC chemicals, which are already completely covered by lists 2 and 3, was created for convenience of reference, regarding that CWC requires different licensing procedure. List 2 is a direct translation into Latvian of the Wassenaar Munitions List WA LIST (97) I19-12-97 List 3 is a direct translation into Latvian of the Annex 1 of the Council Regulations (EC) No 338194 of 19 December 1994 setting up a Community regime for the control of exports of dual-use goods. List 3 also includes the latest amendments to the EU lists made by Decisions No 97100CFSP, No 97419CFSP, No. 98106CFSP and No. 98232CFSP. By decision of the Committee since 1996 it is forbidden to export antipersonnel mines, handcuffs and leg irons to all destinations for humanitarian reasons. Export Restrictions Latvian export control system has no lists of sensitive destinations. Each application for an export licence is considered individually , taking into accont the end use company and country. Licences for export of dual use goods to countries acquiring or devoloping weapons of mass destruction , to countrie sin a state of war, civil war or practicing violating of human rights are issued only after careful pre-licence checks and receiving end use quaranties. This same applies to the countries with export control systems not based on AG, MTCR, NSG or WA guidelines. Licence applications for export of military goods to such destinations as arule are denied. Licences are not issued for export to countries under current embargoes or economical sanctions of UN SC, EU and OSCD. Types of licences and licensing procedure For every export, import or transit transaction of strategic goods an individual licence is required to all destinations. The licences and licensing procedure are the same for military and dual-use goods and there are no value or quantity thresholds. Licences are valid for 6 months. Licences and import certificates are issued to companies registered in the Register of Enterprises of the Republic of Latvia. To obtain a licence the company shall submit to the Department: - application declaration on standard form - registration certificate of the company< - special permit (licence) for several specified entrepreneurial activities (arms, dangerous chemicals etc.) if such permit is required by normative acts currently in force - description of the goods (giving the international registration number for chemical substances< - agreement or invoice (or a copy)< - International Import certificate andor End User statement of the importing country (or an equivalent document - statement, permit etc.) - if required so by the Department (for export and transit). The foreign International Import Certificate (or an equivalent document) and End Use Certificate may be written in any language. If they are not written in Latvian, English, German or Russian language, an official translation shall be provided. The Department issues the licence or denial within 20 days. The Department may also require additional information stating the origin, technical characteristics and end -use of the goods. The licences are issued after consulting the Ministry responsible for special permits. The corresponding Ministry shall confirm its consent or denial to issue the licence within 7 days. The licence is also required if the goods are transferred by the company in transit outside the Republic of Latvia. If the transit of strategic goods is supplied with export licence of the exporting country and import licence or certificate of the importing country (or equivalent documents) and the transaction is not performed by the Latvian company, Latvian transit licence is not required. Re-export of strategic goods shall be performed only with a special permission of the Committee, observing export control legislation of the country of origin of the goods. Licences are not required for conventional weapons imported by the Ministry of Defence and Ministry of Interior. The department issues licences and other documents for a fee, except to State institutions and for temporary export or import (exhibitions, repairs etc.). The exporting company with its signature on the licence undertakes to inform the Committee if it is aware of any possibility that the exported goods might be used for production, use or development of chemical, bacteriological, nuclear or other weapons of mass destruction and means of their delivery or in any other possible ways to harm the international security. The Department may write special conditions on licences, end use or import certificates that are mandatory to companies. End - Use Guaranties 1) End Use Certificates are written on standard form by the importing company and authorised by the Department. The importing company with its signature on the Import Certificate and End Use Certificate verifies that the goods shall not be used for production of weapons of mass destruction and means of their delivery, is aware that these goods are controlled in accordance with the laws of Latvia and the exporting country and that violations of those laws are criminal offence. Importer also undertakes not to divert, re-export or trans-ship the goods without a written permission of the Department and export control authorities of the exporting country, as well as to inform export control authorities, if he knows that the goods might be used for production of weapons of mass destruction or means of their delivery. 2) Delivery Verification Certificates are issued by the Department on request of the company within 10 days stating the date and place of arrival, mode of transport, number of corresponding import certificate and customs declaration. By signing the Delivery Verification Certificate the Department undertakes to control the further use of the goods by the company. Technical Expertise The Department uses assistance of technical experts from Riga Technical University and Customs Laboratories to determine whether the specified materials, equipment, chemical substances, technologies or software are subject to export controls. The technical expertise may prolong the processing of the licence up to 10 days. Latvian Government Regulations on Control of Strategic Goods Latvian Government Regulations on the Control Committee of Strategic Goods