Database

The implementation of United Nations sanctions

This database contains the original national contributions bringing together information on The implementation of United Nations sanctions

Information on the contribution

Member State
Latvia
Created on
Contribution of 09/10/2024
Permanent link to the contribution
https://www.cahdidatabases.coe.int/C/UN Sanctions/Latvia/2024/542
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The implementation of United Nations sanctions" - contribution of Latvia - 09/10/2024

1. Which are the procedures for the incorporation of Security Council Resolutions imposing sanctions into the internal legal order of your State? Are they incorporated through legislation, regulations or in any other way? Has the implementation given rise to any constitutional or other legal problems at national level? Is there any relevant case-law?

Latvia, as a member state of the European Union, implements the UN Security Council sanctions into national legal order within the framework of the Common Foreign and Security Policy (CFSP) by virtue of EU Council Decisions and EU Regulations. EU Regulations are binding in their entirety and directly applicable within all member states of EU and accordingly impose an obligation for member states to apply. Thus, sanctions apply automatically and UN sanctions are binding upon Latvia from the moment they are imposed.
According to the Section 11 of the “Law on International Sanctions and National Sanctions of the Republic of Latvia”, the sanctions imposed by the United Nations Security Council resolutions and the sanctions imposed by the European Union regulations are binding and directly applicable in the Republic of Latvia. In addition, the previously mentioned law Section 11 (2) foresees that the Cabinet of Ministers of the Republic of Latvia may issue regulations regarding the introduction of international sanctions, if international sanctions that are not directly applicable have been imposed.
In accordance with Section 84 of the Criminal Law prescribing criminal liability for the intentional violation of laws and regulations governing the operation of sanctions imposed by the United Nations Security Council, the European Union and other international organizations in Latvia or those determining and governing the operation of national sanctions in the Republic of Latvia.

2. Does the choice depend on the content and the legal nature of the Security Council Resolution?

The previosuely mentioned procedure applies to all UN Security Council Resolutions imposing international sanctions.

3. When sanctions are imposed for a fixed period of time which is not renewed, are they tacitly repealed within your domestic legal order or is any normative action required?

As the UN Security Council resolutions imposing sanctions are implemented by the virtue of EU Council decisions regulations, sanctions are in force until the date provided therein or until the Regulations are repealed. If sanctions imposed by UN Security Council were implemented by virtue of national law, a national law would be needed to repeal those accordingly.

4. When a Security Council Resolution imposing an export embargo provides for exceptions while not establishing a committee to authorise such exceptions, does the incorporating act appoint a national authority, which is competent to authorise export?

As the UN Security Council resolutions imposing export embargos are implemented by the virtue of EU Council Decisions and Regulations, the competent national authorities, including those to authorize exceptions to the export embargos, are usually included in the websites listed in the annexes of the EU Council Decisions or Regulations concerning sanctions.

5. Are Sanctions Committee decisions specifying Security Council sanctions or setting conditions for their activation incorporated into domestic law?

As mentioned previousely, UN Security Council resolutions imposing sanctions in the Republic of Latvia are implemented through relevant EU Council Decisions and EU Regulations, thus the Sanctions Committee decisions specifying Security Council sanctions or setting conditions for their activation are also implemented through relevant EU Council Decisions and EU Regulations.

6. Have there been cases where the act incorporating sanctions in the domestic legal order was challenged in court for being in violation of human rights? For example, have national courts assumed jurisdiction in cases where sanctions are challenged by individuals affected by sanctions: a. if implemented through EU regulations? b. if implemented directly at national level?

So far there have not been any cases where the act incorporating sanctions in the domestic legal order was challenged in court for being in violation of human rights.

7. Are there decisions of national courts or state practice concerning the relationship between sanctions towards individuals and the human rights of these individuals?

So far there have been no decisions of national courts or state practice concerning the relationship between sanctions towards individuals and human rights of these individuals.