Republic of Latvia
Cabinet
Order No. 518
Adopted 10 August 2021
Regarding the Declaration of Emergency Situation
1. Taking into consideration the huge increase in the number of cases of illegal crossing of the state border of the Republic of Latvia and the Republic of Belarus and also observing the number of cases of illegal crossing of the state border of the Republic of Lithuania and the Republic of Belarus, the emergency situation shall be declared from 11 August 2021 to 10 February 2022 in the following administrative territories:
1.1. Ludza municipality;
1.2. Krāslava municipality;
1.3. Augšdaugava municipality;
1.4. the city of Daugavpils.
2. The National Armed Forces and the State Police shall provide assistance to the State Border Guard for ensuring border surveillance of the state border of the Republic of Latvia and the Republic of Belarus in order to prevent the illegal border crossing.
3. The State Border Guard, the National Armed Forces, and the State Police shall use the means and procedures at their disposal in order to prevent persons from the illegal crossing of the state border of the Republic of Latvia and the Republic of Belarus.
4. Upon establishing that the person has illegally crossed the state border of the Republic of Latvia and the Republic of Belarus, the State Border Guard, the National Armed Forces, and the State Police shall order the abovementioned person to return to the country from which the person crossed the border and shall perform the required measures to ascertain that the person complies with such an order.
4.1 The State Border Guard shall issue food and basic necessities to the persons referred to in Paragraphs 4 and 5 of this Order, if necessary. The State Border Guard shall be allowed to apply the exception referred to in Section 3, Paragraph eight of the Public Procurement Law in order to ensure the abovementioned persons with food and basic necessities.
[1 September 2021]
5. Upon establishing that the person has illegally crossed the state border of the Republic of Latvia and the Republic of Belarus, the State Border Guard has the right to apply physical force and special means in order for the person to immediately return to the country from which he or she illegally crossed the state border.
5.1 The State Emergency Medical Service and the State and local government in-patient medical treatment institutions shall, upon request of the State Border Guard, ensure the necessary medical assistance to the persons referred to in Paragraphs 4 and 5 of this Order. The State Emergency Medical Service has the right to establish and equip additional teams to ensure the required medical assistance, including to assess the health condition of the abovementioned persons.
[1 September 2021]
6. It shall be determined that the application of persons regarding granting the status of a refugee or alternative status shall not be accepted by units of the State Border Guard and other institutions located in the territory where the emergency situation has been declared.
7. [21 October 2021]
8. The State Border Guard and the Office of Citizenship and Migration Affairs shall be allowed to apply the exception referred to in Section 3, Paragraph eight of the Public Procurement Law in order to ensure the accommodation of the asylum seekers arriving from the Republic of Belarus, and the provision thereof with food and basic necessities.
8.1 The State Border Guard and the State Police shall be allowed to apply the exception referred to in Section 3, Paragraph eight of the Public Procurement Law in order to ensure the accommodation and catering of the personnel of the State Border Guard and the State Police involved in the implementation of measures necessary for the execution of this Order and the supply of such personnel with the clothing, personal protective equipment and inventory required for the fulfilment of service duties and with testing for the determination of SARS-CoV-2, and also in order to maintain the means of transport involved in convoying and border surveillance measures and the technical means to be used in border surveillance.
[17 August 2021]
8.2 Such time for the fulfilment of service duties above the time specified for the fulfilment of service duties which exceeds the maximum time for the fulfilment of service duties specified in the Law on the Career Course of Service of Officials with Special Service Ranks Working in Institutions of the System of the Ministry of the Interior and the Prisons Administration may be determined for the State Border Guard and State Police officials with special service ranks who implement the measures necessary for the execution of this Order if the Chief of the State Border Guard or State Police or the authorised official thereof has established that it is required for the implementation of measures provided for swift execution of this Order. Such overtime work which exceeds the maximum overtime work specified in the Labour Law may be determined for the employees of the State Border Guard and State Police who implement the measures necessary for the execution of this Order if the Chief of the State Border Guard or State Police or the authorised official thereof has established that it is required for the implementation of measures provided for swift execution of this Order, and the provisions of Section 136, Paragraph four of the Labour Law shall not be applicable to such cases.
[17 August 2021; 1 September 2021]
8.3 Such overtime work which exceeds the maximum overtime work specified in the Labour Law may be determined for the employees of the Office of Citizenship and Migration Affairs and civil servants who examine the cases of asylum seekers and ensure the accommodation of the asylum seekers if the head of the Office of Citizenship and Migration Affairs or the authorised person thereof has established that it is required for swift examination of the asylum seeker cases and accommodation of asylum seekers. The provisions of Section 136, Paragraph four of the Labour Law shall not be applicable to such cases.
[17 August 2021]
8.4 Such overtime work which exceeds the maximum overtime work specified in the Labour Law and Section 53.1, Paragraph two of the Medical Treatment Law may be determined for the employees of the State Emergency Medical Service and the State and local government in-patient medical treatment institutions who implement the measures necessary for the execution of this Order, and the provisions of Section 136, Paragraph four of the Labour Law shall not be applicable to such cases.
[1 September 2021]
8.5 The Office of Citizenship and Migration Affairs shall ensure the asylum seekers in the accommodation centre or the asylum seekers accommodated in accordance with the procedures of Section 9, Paragraph five of the Asylum Law with food.
[1 September 2021]
9. The expenses related to the implementation of measures necessary for the execution of this Order, including the overtime work and official travel of the personnel of the authorities involved, shall be financed from the State budget resources granted for such purpose to the authorities, and also upon reasoned request of the authorities - from the State budget programme 02.00.00 "Funds for Unforeseen Events". In such cases, the decision to grant funding shall be taken by the Cabinet.
10. If necessary, the Cabinet shall decide on requesting international assistance through the platforms of the European Union Civil Protection Mechanism, North Atlantic Treaty Organisation, and also of other international cooperation organisations and foreign countries.
Prime Minister A. K. Kariņš
Minister for the Interior M. Golubeva
Translation © 2021 Valsts valodas centrs (State Language Centre)