Toxic chemicals
- Document symbol
- G/LIC/N/3/LVA/2
- Original language
- English
- Published on
- 17/01/2002
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
In accordance with the Regulation of the Cabinet of Ministers No.421, 16 December 1997 "Regulations of Control of Strategic Goods" Latvia maintains a system of licensing of import and control of production, storage and use of strategic goods - firearms, munitions, dual-use goods (including nuclear materials and facilities) and CWC toxic chemicals.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The import licensing system covers toxic chemicals of schedules 1, 2 and 3 of CWC, Wassenaar Arrangement List of Munitions WA LIST (97) I, and list of dual-use goods (Annex 1 to the Council Decision (EC) 94-942-CFSP).
Q3. The system applies to goods originating in and coming from which countries?
The system of licensing and control applies to goods from all countries regardless of origin.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The system of licensing has no quantitative or value restrictions and its only purpose is to ensure national security and to meet international obligations of non-proliferation.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
Is the licensing statutorily required?
The licensing system is a statutory requirement. The Regulation of the Cabinet of Ministers No. 429, 23 December 1997 "Regulations of Control Committee of Strategic Goods" provides the Control Committee with the right to designate the goods to be subjected to licensing. The government may abolish the licensing of import of munitions and some dual-use goods, but not nuclear materials and facilities, as well as CWC chemicals, because NPT and CWC have been ratified by Saeima.
Is it possible for the government to abolish the system without legislative approval?
The system cannot be abolished without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
In accordance with the Regulations an import licence or a letter of denial must be issued within 20 days after application. Cases needing technical expertise may require another ten days. The usual practice is to issue licences within a couple of days after application.
Q7.b. Can a licence be granted immediately on request?
Due to requirements of approval of licences by responsible ministries the fastest possible issuance of a licence may be the next day after application.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations as to the period of year during which the licence application or importation may be made. Import licences are valid for 6 months.
Are there any limitations as to the period of year during which importation may be made?
No.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Licences are processed by the Export and Import Control Department and signed by the Chairman or Secretary of the Control Committee of Strategic Goods. For import of munitions it is necessary to obtain an approval of the Ministry of Defense or Ministry of Interior; for nuclear materials or dangerous chemicals, the State Inspection of Environment. The importer approaches the Export and Import Control Department only.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
An import licence may be denied for some goods forbidden by law, e.g. automatic firearms and munitions above caliber 38.
Are the reasons for any refusal given to applicants?
The reasons for denial are explained to the applicant in writing not later than 20 days after application.
Have applicants a right of appeal in the event of refusal to issue a licence?
The denial of a licence may be appealed before the Control Committee of Strategic Goods.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All legal entities registered in the Latvian Register of Enterprises are eligible to apply for a import licence of strategic goods.
To import some categories of strategic goods - firearms, munitions, nuclear materials and dangerous chemicals, a special permit issued by the relevant ministry is required in addition to the import licence.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
What information is required in applications?
The importer provides the following information:
- address of importing company
- registration number
- number of special permit
- Ministry issuing the special permit
- validity of special permit
- telephone and fax numbers
- end user and end use
- border crossing point
- origin of goods
- mode of transportation
What documents is the importer required to supply with the application?
With the application the importer supplies a copy of the special permit (if such is required), invoice and description of the goods.
Q11. What documents are required upon actual importation?
Upon actual importation of strategic goods only the import licence is required.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
The fee for a licence is 2.5% from the value of goods but not above 600 Ls limit.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
Is there any deposit or advance payment required associated with the issue of licences?
No.
Amount or rate?
Not applicable.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Import licences of strategic goods are valid for six months. After six months validity of licences may be prolonged on basis of the previous application.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
Non-utilized licences must be returned to the Export and Import Control Department and with this the matter is closed. It is permitted to import smaller amounts than stated in a licence.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Transfer of licences is forbidden and regarded as a punishable violation of the Regulations.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
There may be special requirements or conditions stated in import licences. For example - the Department may require quarterly reports about use of the imported goods or the Department may forbid re-export of the goods if so required by the legislation of the country of origin.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Apart from licensing there may be some other procedures required prior to import of strategic goods in accordance with laws concerning transfer of nuclear materials or dangerous goods.