Diplomatic Immunities and Privileges in Estonia

Diplomatic Immunities and Privileges

NOVEMBER 2008

Ministry of Foreign Affairs of the Republic of Estonia CONTENTS

Introduction of State Protocol Department 3

1.Heads of Mission 4 1.1. Agrément 4 1.2. Arrival 4 1.3. Presentation of Credentials 4 1.4. Departure 5 1.5. Chargé d’Affaires ad interim 5

2. Arrival and Departure 5 2.1. Diplomatic and Service Visas 5 2.2. Diplomatic and Service Cards 7 2.3. Family Members 8 2.4. Military Attaché 9 2.5. Locally Engaged Staff 9 2.6. Private Servants 9

3. Motor Vehicles 9 3.1. Importation of Motor Vehicle 10 3.2. Registration of Motor Vehicle 10 3.3. Deletion of Motor Vehicle from the Register 11 3.4. Sale of Motor Vehicle 11 3.5. Compulsory Insurance 12 3.6. Parking 12 3.7. Driving Licences 12

4. Taxation 13 4.1. Conditions for Refund of Value Added Tax (VAT) 13 4.2. Order of Refund of VAT 14 4.3. Refund of Excise Duties 15 4.4. Refund of VAT and Excise Duties on purchases made in other EU Member States 16

5. Customs Duties 17 5.1. Conditions for Exemption from Import and Export Taxies 17 5.2. Procedure of Customs Formalities (Customs Declaration of Diplomatic Merchandise) 18 5.3. Customs Examination 18

6. Acquisition of an Immovable Property 19

7. Security 19 7.1. Diplomatic Security Programme 20

8. Firearms 21 8.1. Acquisition and Possession of a Weapon in Estonia 21 8.2. Transport and carriage of Weapons and ammunitions across the Customs Frontier 22

9. Radio Communications 23

10. Aviation Security 23

11. VIP Service in Tallinn Airport 24

12. Elections 25

13. Education 25

14. Social Security 26

15. Medicines 27

16. Pet Animals 27

Contacts 28

INTRODUCTION

The privileges and immunities of foreign diplomatic missions and consular posts and of their members in Estonia are governed by the Vienna Convention on Diplomatic Relations of 1961 and by the Vienna Convention on Consular Relations of 1963 (VCCR).

Since changes have taken place in the Estonia national legislation and practice concerning foreign diplomatic missions and consular posts in Estonia (hereinafter referred to as “missions”) and because of the rotation of the members of missions, the State Protocol Department (on January 25, 2008 the Protocol Department was renamed „State Protocol Department”) of the Ministry of Foreign Affairs of Estonia has the pleasure to provide the missions with an updated version of the handbook entitled Diplomatic Immunities and Privileges in Estonia.

An online version is available on the Ministry´s homepage at www.mfa.ee , which will be updated when necessary.

In addition to the privileges provided in the abovementioned conventions, certain rights may be granted under Estonian laws or bilateral and multilateral agreements.

More information can be obtained from the State Protocol Department on request.

STATE PROTOCOL DEPARTMENT

Mr. Mait Martinson Director General of Department/Chief of Protocol Mr. Erik Peinar Photographer Ms. Helena Lepaleht Secretary

1st Division (Division of Visits and Ceremonies) Mrs. Merike Kokajev Director of Division Mr. Peeter Reštšinski Counsellor Mr. Kalvi Noormägi Desk Officer Ms. Tiina Väärtmaa Desk Officer Ms. Tiiu Mõtus Technical Expert Ms. Kadri Roosimägi Technical Expert

2nd Division (Division of Diplomatic Immunities and Privileges) Ms. Piia Pärna Acting Director of Division Ms. Pille Unger Technical Expert

1. HEADS OF MISSION

1.1. Agrément

The sending State must ascertain that an agrément of the receiving State has been granted to the person proposed to be accredited as the Ambassador of the sending State.

The sending State shall address its request for an agrément to the State Protocol Department. The request should include a curriculum vitae of the designated Ambassador.

Having received the agrément, the sending State may accredit the designated Ambassador as its representative in Estonia. However, the Ambassador can officially assume his/her functions after the presentation of his/her credentials to the President of the Republic.

1.2. Arrival

The time of arrival of the new Ambassador shall be notified to the State Protocol Department by a verbal note.

The Protocol officer meets the Ambassador upon arrival at Tallinn airport or at the port in Tallinn. Ambassadors arriving in Estonia on a weekend or a public holiday or at night are not met by a representative of the State Protocol Department.

1.3. Presentation of Credentials

Before presenting his/her credentials to the President of the Republic, the Ambassador shall present a copy of the credentials and, a copy of his/her predecessor's letter of recall to the Chief of Protocol.

The State Protocol Department schedules an appointment for the presentation of credentials with the Office of the President of the Republic. Ambassadors may be accompanied by one member of the Embassy’s diplomatic staff and by their spouse.

1.4. Departure

Missions shall inform the State Protocol Department of the date of termination of office of Heads of Mission in Estonia by a verbal note.

1.5. Chargé d'Affaires ad interim

A Chargé d'Affaires ad interim may act provisionally as the Head of Mission. The name of the Chargé d'Affaires ad interim shall be notified to the State Protocol Department by a verbal note. A Chargé d'Affaires ad interim shall be named if the post of a Head of

Mission is vacant or a Head of Mission is for a reason unable to perform his/her functions.

In situations where none of the members of the diplomatic staff is present, a member of the administrative or technical staff may be designated as the person in charge of the current affairs of the mission.

2. ARRIVAL AND DEPARTURE

Pursuant to the provisions of Art. 10 of the Vienna Convention on Diplomatic Relations foreign missions are obliged to inform MFA about the assignment of the employees of foreign missions, of their arrival, departure, promotion and other changes.

In order to assign a Military Attaché a previous consent from MFA is required.

2.1. Diplomatic and Service Visas

Prior to their first arrival into Estonia the employees of the foreign mission and their family members who are subject to visa obligation, must apply for Estonian visa in a foreign representation of the Republic of Estonia. In order to do so a visa application and one coloured photo (4x5cm) are submitted alongside with a verbal note to Estonian foreign mission. Estonian foreign representation issues a single short stay visa sticker with maximum validity up to 30 days into a passport that has minimum of one (1) vacant page. Service visa shall not be issued at Estonian foreign representation.

Additional information on how to apply for Estonian visa and contacts of Estonian foreign representations can be found on Ministry’s homepage at www.mfa.ee and on the homepage of Citizenship and Migration Board at www.mig.ee. 2.1.1. Issuing Diplomatic and Service Visas

For the application of a long term diplomatic or service visa a foreign mission presents a verbal note alongside with visa application (http://www.vm.ee/eng/kat_132/914.html#start ), passport and coloured photo (4x5cm) of a visa applicant to the State Protocol Department. NB! In visa application all fields must be filled in and application must be signed by a visa applicant.

A long-term diplomatic visa shall be issued: 1) to the diplomats of a foreign country accredited to Estonia and to the family members thereof; 2) to the diplomatic representatives of an international organisation accredited to Estonia and to the family members thereof.

A long-term service visa shall be issued: 1) to the administrative employees of a foreign country accredited to Estonia and to the family members thereof; 2) to the service staff of a foreign country accredited to Estonia and to the family members thereof; 3) to the private servants of a diplomats of a foreign country accredited to Estonia and to the family members thereof.

Diplomatic or service visa is issued for multiple entry to Estonia, the period of validity of such visas is until the end of the accreditation time, but no longer than 4 (four) years. Should the validity of a passport be shorter than the accreditation time, then a diplomatic or service visa is issued until the end of the validity of the passport. Diplomatic visas are also issued to the diplomats and to the family members thereof of the foreign missions accredited to Estonia residing outside Estonia (unless an Embassy is located in Schengen visa area and a diplomat has been issued a diplomatic visa or a residence permit of the country of residence). Service visas shall not be issued to the administrative employees of foreign missions accredited to Estonia residing outside Estonia. When there are changes in the data that has been presented for visa application (new passport, prolongation of accreditation time etc) an employee of a foreign mission shall apply for a new visa in State Protocol Department. In order to do so a foreign mission submits a note alongside with necessary documents required for visa application.

Members of service staff and private servants of a foreign mission employee originating from the third countries must apply for a residence permit from Estonian foreign representation prior to their arrival to Estonia.

2.2. Diplomatic and Service Cards

2.2.1. Conditions for Issuance of Diplomatic and Service Cards

Conditions of issuance of diplomatic- and service cards has been established by directive No. 2 by Foreign Minister dated 9 November 2006. “Order of issuance of a diplomatic and service card, standard format and technical description of a diplomatic and service card and list of data entered into a card” (www.riigiteataja.ee).

State Protocol Department shall issue the following diplomatic and service cards:

1) to head of mission and his family members thereof an A-series diplomatic card (blue); 2) to diplomat and his family members thereof a B-series diplomatic card (blue); 3) to administrative employee and his family members thereof a C-series service card (red);

4) to service staff and their family members thereof a D-series service card (green); 5) to private servants an E-series service card (green); 6) to an Estonian citizen and a permanent resident working in a foreign mission an F- series service card (green); 7) to an honorary consul of a foreign country an HC-series service card (grey).

Diplomatic and service card shall not be issued if a period of an assignment is shorter than six (6) months. Diplomatic and service card grants the immunities and privileges proceeding from the Vienna Convention on Diplomatic Relations according to the relevant category. Diplomatic and service card should be returned to the State Protocol Department: 1) upon the termination of the assignment; 2) upon renewal of a diplomatic and a service card and upon their exchange prior to the expiry of their validity; 3) upon the expiry of a validity of a diplomatic and a service card.

State Protocol Department should be informed without a delay about a loss of a diplomatic and service card.

2.2.2. Order for Issuance of Diplomatic and Service Cards

In order to apply for a primary diplomatic and service card the following documents should be submitted to the State Protocol Department: 1) a verbal note, which contains the data about the duration period of an assignment, official title and service rank of the person sent to mission; 2) notification (http://web-static.vm.ee/static/failid/400/Notification_07.pdf ); 3) one (1) coloured photo (4x5cm), not older than 6 months; 4) a copy of personal data page of a passport.

NB! Notification should have all fields filled in and signed by head of mission, confirmed with a seal.

State Protocol Department may, if necessary, require additional information, e.g. description of work assignments, certificate of an educational institution, etc.

For the prolongation, renewal and changing data of the diplomatic and service card (new passport, name change, change in profession etc) to the State Protocol Department should be submitted the following documents: 1) a verbal note; 2) supplementary notification (http://web- static.vm.ee/static/failid/188/Supplementary_notification07.pdf ); 3) one (1) coloured photo (4x5cm), not older than 6 months.; 4) a copy of personal data page of a passport; 5) old diplomatic and service card.

2.2.3. Order of Issuance of a Diplomatic Card to Diplomats residing outside Estonia

A diplomatic card is also issued to the diplomats and to their family members of the foreign missions accredited to Estonia but residing outside Estonia (required to have an accrediting in the country of residing valid for at least six months.) In order to apply for it the following documents should be submitted to the State Protocol Department: 1) a verbal note, which contains the data about the duration period of a mission, official title and service rank of the diplomat; 2) notification (http://web-static.vm.ee/static/failid/400/Notification_07.pdf ); 3) one (1) coloured photo (4x5cm), not older than 6 months; 4) a copy of personal data page of a passport; 5) a copy of a visa or residence permit of a country of residence; 6) a copy of a diplomatic card of a country of residence.

NB! Service cards are not issued to administrative employees of the foreign mission residing outside Estonia.

2.3. Family Members

Family members are the following persons who are on the maintenance of and share a common household with a diplomat: 1) spouse; 2) up to 21 years of age an unmarried child who resides with their parents; 3) up to 23 years of age an unmarried child who studies at a daily course on a higher education establishment and resides with their parents; 4) another member of family as an exception.

2.4. Military Attaché

In order to assign a Military Attaché a foreign mission must apply for a pre-consent from the Foreign Ministry. In order to do so a foreign mission submits to the State Protocol Department a note alongside with a CV of a candidate of a Military Attaché.

2.5. Locally Engaged Staff

Foreign missions may employ Estonian citizens and permanent residents of Estonia as their administrative staff proceeding from the relevant legislation of Estonia.

2.6. Private Servants

State Protocol Department issues service visas and cards to the private servants (home assistant, home teacher etc) of diplomats, who are citizens of the sending country, in

9 condition that a foreign mission notifies MFA of their arrival and presents corresponding documents. Private servants who are not citizens of sending country must apply for a residence permit from Estonian foreign representation prior to their arrival to Estonia. Additional information on application of Estonian residence permit can be found on the homepage of Citizenship and Migration Board at www.mig.ee.

3. MOTOR VEHICLES

Proceeding from valid Traffic Rules, the maximum speed permitted by law in settlements in Estonia is 50 km/ h, outside a settlement it is 90 km/h; during driving a vehicle must have dipped beam headlamps, side lamps and rare registration plate lamps turned on; winter tyres are obligatory from 1 December to 1 March (tyres with spikes from 01 October to 01 May).

Driver must not be under influence of neither alcohol or drugs. Alcohol content in a driver’s blood may not exceed above 0.00 pro mille. Traffic management and traffic safety requirements on Estonian roads are provided by “Traffic Act” and “Traffic Code” (www.riigiteataja.ee).

State Protocol Department should be informed of all changes connected with the vehicles of foreign missions and their stuff, i.e. purchase, sale, import or export of the vehicle, loss of certificate of registration, accidents, theft etc.

3.1. Importation of Motor Vehicle

Pursuant to Customs Act and Value Added Tax Act a diplomat may import exempt from customs duty one motor vehicle per adult member of family and not more than two motor vehicles per family. Administrative employee may import exempt from customs duty one motor vehicle per family during the first three months of their stay in Estonia. In order to import exempt from customs duty a diplomat/administrative employee shall present Tax and Customs Board a diplomatic declaration of goods approved by State Protocol Department, which in addition to the name of the item also lists the make of the vehicle, model, chassis number, date of release and engine capacity.

3.2. Registration of Motor Vehicle

Motor vehicles of foreign missions, diplomats and administrative employees shall be registered in Estonian Motor Vehicle Registration Centre (www.ark.ee) on the basis of approval letter from State Protocol Department. Licence plates foreseen for the motor

vehicles for the staff of a foreign mission have blue background with the following white marks of identifications: 1) CMD (Chef du Mission Diplomatique); 2) CD (Corps Diplomatique); 3) AT (Personnel Administrative-technique). Mark of identification is followed by a number code of the foreign mission and a serial number.

Licence plates are issued in sizes 113x520 mm and 152x302 mm. Delivery time of new licence plates is at least one week.

A diplomat and his/her spouse may both register one vehicle to CD (blue) licence plates, administrative employee may register one vehicle per family to AT (blue) licence plates, but no later than six months prior to the (presumed) termination of their mission. Registry entries with ordinary licence plates and for other vehicles (motorbikes, boat- barrow, trailers, water vehicles etc) shall be processed in Motor Vehicle Registration Centre without an approval letter from MFA and they are not exempt from state fees.

In order to register a vehicle a foreign mission shall submit to State Protocol Department a verbal note which states the following: 1) owner and make of a vehicle; 2) desired licence plate; 3) a copy of a certificate of registration or in case of a new vehicle a copy of a contract of purchase and sale.

The following documentation should be submitted to Motor Vehicle Registration Centre in addition to an approval letter of MFA: 1) application form to the Motor Vehicle Registration Centre (http://www.ark.ee/atp/?id=33522); 2) original of a certificate of registration or in case of a new vehicle a copy of a contract of purchase and sale or an invoice; 3) in case of a new vehicle an original of certificate of conformity – COC certificate; 4) in case of an imported car a customs declaration of diplomatic goods and permit from Tax and Customs Board; 5) in case of a leased car a copy of a leasing contract and authorisation of a leasing company to change data in the register.

Prior to the first registry in Estonia all vehicles (new and used) pass a pre-registration inspection in Motor Vehicle Registration Centre.

If necessary the MFA and Motor Vehicle Registration Centre have a right to request additional documents.

3.3. Deletion of Motor Vehicle from the Register

Upon termination of an assignment of a diplomat and an administrative employee the vehicle must be deleted from the register prior to their departure from Estonia. Should the predecessor’s car be not deleted from the registry, the MFA may decide not accede the application of registering of a vehicle of a new employee.

In order to delete a vehicle from the register a foreign mission shall submit to State Protocol Department: 1) a verbal note which states whether a vehicle shall be sold in Estonia, exported or disposed. Should a vehicle be exported then a border crossing point and date should be stated and transit licence plates should be applied for (valid maximum 1 month); 2) copy of a certificate of registration.

The following documentation should be submitted to Motor Vehicle Registration Centre alongside with an approval letter of MFA:

1) application to Motor Vehicle Registration Centre (http://www.ark.ee/atp/?id=33522); 2) original of certificate of registration of the vehicle.

3.4. Sale of Motor Vehicle

A motor vehicle imported under privileged operations in customs may not within three years from the day of its free circulation be given to be used neither free of charge or for a fee, it may not be used as a grant nor transferred except to another person with the right to use the same privilege.

There are no restrictions for selling cars imported from EU and bought in Estonia, insofar as the vehicle is not considered a new car pursuant to Value Added Tax Act at the point of selling (transferred prior to the passing of six months from the first usage or driven under 6000 km).

3.5. Compulsory Insurance

Pursuant to Motor Third Party Liability Insurance Act all motor vehicles registered in Estonia are subject to compulsory motor third party liability insurance. Insurers are insurance companies.

Driver must carry along the motor third party liability insurance policy at all times. In case of a traffic accidence the individuals who participated in it are obligated to inform each other and injured parties of their name, address and insurer. Should other party or injured party request so, then an insurance policy should be presented to them.

Upon departure from Estonia at the border a motor third party liability insurance policy should be presented. In case of failure to maintain the order of motor third party liability insurance, the insurance fee alongside with a fine should be paid prior to the departure from Estonia.

3.6. Parking

Pursuant to an international practice up to three parking places are allocated to foreign missions near their premises. These places are foreseen to the cars carrying licence plates of CMD/CD/AT and marked with a sign which says “Parkimine lubatud ainult CD, CMD ja AT numbrimärkidega autodel” (“Parking allowed only for cars with licence plates of CD, CMD and AT”). In order to apply parking spaces foreign missions shall submit a verbal note to that effect to the State Protocol Department. State Protocol Department forwards their application to Tallinn City Transport Board. Parking fee is a local fee established in order to manage parking in a public paid parking area of local government in Estonia, it does not exempt from payment the cars with diplomatic licence plates. Proceeding from the decisions of city councils of Tallinn and Narva (www.tallinn.ee, www.narva.ee ) the vehicles of diplomatic mission with a registration plate from series CMD and CD have a permission for free of charge parking in public paid parking areas. Diplomatic missions and their staff should pay the fines received for illegally parking.

3.7. Driving Licences

Estonia approves of the driving licence issued by or formalised according to the principles of 1949 Geneva Convention on Road Traffic or 1968 Vienna Convention on Road Traffic and the agreements and amendments attached to it.

In case not corresponding to the abovementioned conventions driving licences of diplomatic representatives and other members of Foreign Missions valid in Estonia on condition that together with driving licence a valid diplomatic or service card issued by the State Protocol Department is presented. Driving licence has to be translated into English or Estonia.

If an employee of a foreign mission applies for a first time driving licence in Estonia, he/she has to pass a theory test and a practical driving test. In addition to other documents he/she has to submit to the Motor Vehicle Registration Centre also a certificate from the State Protocol Department. Satet Protocol Department issues the abovementioned referral on the basis of a verbal note from a foreign mission.

“Rules for Registration of Motor Vehicles and Their Trailers” (www.ark.ee).

Estonian Motor Vehicle Registration Centre (Autoregistrikeskus - ARK) Harju Regional Bureau Tallinn Department Mäepealse 19, 12618 Tallinn Phone: (+372)620 1280, (+372)620 1200, (+372)620 1316 (summoning to the pre-registration inspection) (+372)620 1299 (documents compiled in pre-registration inspection) (+372)620 1270 (exam department) www.ark.ee

Estonian Traffic Insurance Foundation (Eesti Liikliskindlustuse Fond): Tööstuse 52, 10416 Tallinn Phone: (+372)626 4602 Fax: (+372)626 4604 www.lkf.ee

4. TAXATION

4.1. Conditions for Refund of Value Added Tax (VAT)

Standard rate of VAT is 18% of the taxable value. Lower taxation rate has been established to books, periodicals, some study materials, funeral items and services, certain medicine and medicinal products, organisation of cultural events.

The conditions for refund of VAT are implemented on the basis of § 39 of VAT Act (RT I 2003, 82, 554). The VAT Act determines the tax incentives applicable to: 1. foreign diplomatic missions or consular posts, representations of special missions or international organisations or European Community institutions; 2. foreign diplomatic representatives, consular agents (except honorary consuls) and their family members, representatives or representations of special missions or international organisations accredited to Estonia; 3. members of the administrative staff of foreign diplomatic missions or consular posts and their family members accredited to Estonia. Foreign missions, diplomats and members of administrative staff have the right for a refund of the VAT when acquiring goods and services in Estonia for official use. Upon acquisition of such goods, except foodstuffs, or services in Estonia, VAT paid on such goods or services shall be refunded on the basis of an original invoice or its copy, if the total value of the goods and services (inclusive of VAT), is at least 1000 EEK if it is not agreed otherwise on the basis of reciprocity. In the case of public utility services, telecommunications services and fuel within the meaning of the Liquid Fuel Act (RT I 2003, 21, 127) VAT shall also be refunded if the total value of goods or services is less than 1000 EEK.

VAT shall not be refunded on the acquisition of used goods.

Information on Estonian taxation system can be found on Tax and Customs Board homepage at www.emta.ee and on Ministry of Finance homepage at www.fin.ee

4.2. Order of Refund of VAT

Order of refund of VAT has been established by Regulation No. 109 of the Government of the Republic of Estonia of 16 April 2004 (RT I, 21.04.2004, 27, 185).

Applications for refund of VAT which shall include, as an annex, relevant invoices conforming to the requirements provided in § 37 of the VAT Act and are certified by the issuer of the invoices, or copies of such invoices (hereinafter invoices) shall be submitted by foreign missions to the State Protocol Department by the tenth day of the corresponding month. On justified cases refund of VAT may be applied for within ninety days after the date of purchase of the goods or receipt of the service. VAT sum shall be written in kroons (EEK).

The application shall be signed by head of the foreign mission and certified with a seal of the foreign mission. Original invoices or their copies shall be returned to the foreign mission.

The application form http://www.emta.ee/failid/taotlus_kaibemaksu_tagastamiseks.pdf/ / has been established by regulation no.74 of the Minister of Finance of 7 April 2004 ( RT I, 21.04.2004, 27, 185).

State Protocol Department review the application for refund of VAT. The applicant’s right to apply for refund of VAT shall be certified by the State Protocol Department responsible to approev applications and invoices annexed thereto to the Tax and Customs Board by the twentieth day of the month of receipt of the documents. The Tax and Customs Board shall make a decision concerning an application and shall transfer the amount subject for refund to the bank account specified in the application within 30 days from the date of receipt of the application and annexed invoices attached thereof from the MFA. The Tax and Customs Board shall inform the MFA in writing of the decision made concerning the refund of VAT.

4.3. Refund of Excise Duties

Pursuant to “Alcohol, Tobacco, Electricity and Fuel Excise Duty Act” § 45 (RT I 2003, 2, 17) excise duty paid on alcohol, electricity and fuel subject to excise duty which is purchased for official purposes by foreign diplomatic missions and consular posts, by representations or representatives of international organisations accredited to the MFA or

by foreign diplomatic representatives, consular agents, except honorary consuls, or representatives of special missions accredited to Estonia shall be refunded. Excise duty shall not be refunded for the members of the administrative staff.

Refund of excise duty has been established by Regulation No. 56 of the Minister of Finance of 7 April 2004.

Applications for refund of excise duty including as an annex, relevant invoices conforming to the requirements provided in § 37 of the VAT Act and certified by the issuer of the invoices, or copies of such invoices (hereinafter invoices) shall be submitted by foreign missions to the State Protocol Department by the tenth day of the following month. Applications must be signed by the head of a foreign mission and certified with a seal of the foreign mission.

Refund for excise duty may be requested within maximum three months from the day of the purchase of the product subject to excise duty.

Original invoices or their copies shall be returned to the foreign missions. Application form https://www.riigiteataja.ee/ert/act.jsp?replstring=33&dyn=12906565&id=926133 can be found on Tax and and Customs Board homepage www.emta.ee State Protocol Department review the application for refund of excise duty. The applicant’s right to apply for refund of excise duty shall be certified by the State Protocol Department who forward approved applications and invoices annexed thereto to the Tax and Customs Board by the twentieth day of the month of receipt of the documents. The Tax and Customs Board shall make a decision concerning an application and shall transfer the amount subject for refund to the bank account specified in the application within 30 days from the date of receipt of the application and annexed invoices attached thereof from the MFA. The Tax and Customs Board shall inform the MFA in writing of the decision made concerning the refund of VAT.

Pursuant to “Alcohol, Tobacco, Electricity and Fuel Excise Duty Act” § 27 alcohol imported, or transported to Estonia from another Member State of European Union or purchased from an excise warehouse for official purposes by foreign diplomatic missions and consular posts, by representations or representatives of international organisations recognized by the MFA and by foreign diplomatic representatives, consular agents, except honorary consuls, and representatives of special missions accredited to Estonia are exempt from excise duty. Document required for implementing a zero rate on transfer of goods or providing services to persons authorised for tax incentives is established by a European Commission Regulation (EC) No 31/96 of 10 January 1996 on the excise duty exemption certificate.

4.4. Refund of VAT and Excise Duties on purchases made in other EU Member States

Foreign diplomatic missions and diplomatic representatives accredited to Estonia may request VAT and excise duty exemption on purchases made in other EU member states according to rules valid in Estonia, by filling a VAT and excise duty exemption certificate (Directive 77/388 EEC- Article 15 (10) and Directive 92/12/EEC – Article 23 (1)).

Certificate is signed by head of mission, concealed with a seal of the foreign mission and submitted to the State Protocol Department for confirmation. The certificate confirmed in the State Protocol Department should be presented to the seller during the purchase of goods or services.

There are separate forms for refund of VAT and excise duty.Nimetatud juhtudel on nullprotsendilise käibemaksumääraga maksustatava kauba käivet tõendavaks dokumendiks Euroopa Komisjoni määrusega nr 31/96/EÜ kehtestatud käibemaksu- ja aktsiisivabastustõend (tõend eesti keeles ja inglise keeles ). http://www.emta.ee/failid/KM_ja_aktsiisi_ingl.pdf

Additional information:

Estonian Tax and Customs Board (Maksu- ja Tolliamet) Narva mnt. 9J, 15176 Tallinn Phone: (+372)683 5700 Fax: (+372)676 2709 E-mail: [email protected]

Northern Tax and Customs Centre (Põhja Maksu- ja Tollikeskus) Endla 8, 15177 Tallinn Phone: (+372)676 1200 Fax: (+372)676 1111 E-mail: [email protected]

Ministry of Finance (Rahandusministeerium) Suur-Ameerika 1, Tallinn 15006 Phone: (+372)611 3558 Fax: (+372)696 6810 E-mail: [email protected]

5. CUSTOMS DUTIES

Implementation of customs duties to foreign missions, to their diplomats and to the members of the administrative staff and to their family members thereof has been provided by Customs Act. Information on Estonian customs system can be found on Tax and Customs Board homepage at www.emta.ee and on Ministry of Finance homepage at www.fin.ee.

5.1. Conditions for Exemption from Import and Export Taxes.

There is import and export tax exemption on goods brought over the customs frontier by: 1) diplomatic missions and consular posts, special missions and international organisations for official use; 2) diplomats and administrative staff and their family members thereof for personal use.

Import and export tax exemption is implemented when a sending state implements similar preference on diplomatic and administrative staff of the foreign representation of the Republic of Estonia.

Diplomats and their family members have the right to apply for import and export tax exemption during all their assignment to Estonia.

Administrative staff and their family members have the right to apply for VAT exemption from imported goods intended for personal use only during the settlement period within the first three months of the applicants stay in Estonia.

5.2. Procedure of Customs Formalities (Customs Declaration of Diplomatic Merchandise)

Procedure of Customs formalities on goods of the foreign missions, diplomats and administrative staff and their family members thereof, excempted from all taxes is established by Regulation No. 149 of the Government of the Republic of Estonia of 27 April 2004.

In order to get exemption from import and export tax one must fill in a customs declaration of diplomatic merchandise (so called “French paper”). Same declarations are valid also for obtaining merchandise from customs warehouse (for example Peter Justesen Company). Customs declaration must be filled in Estonian or in English. Customs Declaration must be signed by the head of the foreign mission or a person authorised for it and certified with a seal of a foreign mission. Description of merchandise in customs declarations must enable the identification of the goods. A filled in customs declaration shall be submitted for approval to the State Protocol 18

Department.

Forms//www.emta.ee/?id=3069 of customs declarations are available at State Protocol Department.

5.3. Customs Examination

5.3.1. Diplomatic Baggage

Goods carried over customs frontier by foreign missions, diplomats or administrative staff are not subjected to customs examination unless: 1) goods are not corresponding to what is indicated in the documents; 2) import and export of these particular goods is prohibited; 3) in case of goods that require special permit there has not been an indication of a name of the issuing institution, permit number or date of issue on customs declarations; 4) goods have not been declared. Customs examination of goods of a foreign mission may only be carried out in the presence of the head of the mission or a person authorised by them. Customs examination of goods of a diplomat or an administrative staff may only be carried out in the presence of the diplomat or the administrative staff or a person authorised by them.

5.3.2. Diplomatic and Consular Mail

Diplomatic or consular mail consists of documents and goods foreseen solely for official use. Diplomatic or consular mail must have a clearly visible external sign that referres to its content.

Diplomatic and consular mail shall not be opened nor detained. If there is a reasoned doubt that diplomatic post is not corresponding to what has been declared the customs have the right to ask that the addressee or an authorised person of the sending state opened the mail in the presence of a customs official. In case of refusal to open the mail, it shall be sent back at the expense of the sender.

Customs information: www.emta.ee

e-customs: (+372) 8800814

E-mail: tolliinfo emta.ee

6. ACQUISITION OF AN IMMOVABLE PROPERTY

Immovable property used by foreign mission consists of the land and buildings situated on the territory of the Republic of Estonia, parts of a building or constructions and the land belonging to them that a foreign mission starts using, including a residence of the head of mission. In order to aquire an immovable property in the Republic of Estonia, a mission must receive a permission from the MFA. The foreign mission shall notify the MFA of its intention to acquire possession of immovable property in Estonia and provide information of the location of the property and person transferring the possession. Owner of the immovable property presents the request of transfer with attachments to MFA, who reviews the application and makes a decision within 30 days. Permission to transfer of an immovable property may not be given when the principle of reciprocity has not been taken into account, when it endangeres the security of state and may conflict with public interest.

Transfer of an immovable property to a foreign mission has been provided by Regulation No. 13 of the Foreign Minister of 20 December 2007 (www.vm.ee).

7. SECURITY

Pursuant to the provisions of the Vienna Convention on Diplomatic Relations the receiving state must do all that is necessary in order to protect a mission, including their residence and grant the security of the staff of a mission. In the terrirory of the Republic of Estonia foreign missions and their staff are being guarded and protected and the security of the President of the Republic, President of the Riigikogu, Prime Minister and high level official visitors is granted by the Personal Protection Service.

All violations of law committed against the territory and staff of a foreign mission must be as soon as possible notified to the State Protocol Departement (secretary in guard: 6377 000) and to the police (dispatcher service of Personal Protection Service: 6123 900).

Starting from autumn 2007 the Personal Protection Service is using a new internet-based object watch system the s.c. Diplomatic Security Programme.

7.1. Diplomatic Security Programme

Diplomatic Security Programme is devided into four parts: 1) technical equipment; 2) mobile unit service;

3) manned guard; 4) bodyguard.

7.1.1. Technical Equipment

Local alarm system of the object is connected via respective IP module to Internet, via which the Personal Protection Service holds contact with the object. A cryptographic and multiple dublicate system has been used. When receiving alarm information, a mobile unit of Personal Protection Service shall be sent to the scene of an event to determine the reason for alarm and to inform contact persons if need be. Control cab of the Security department works 24/7.

New Internet channel system enables to provide clients also with video guard solutions. This involves a visual surveillance of the object via the Internet (e.g. this would involve guarding outside perimeter or entrance). Technical equipment of video guard consists of camera installed to objects or a videoserver and a camera.

7.1.2. Mobile Unit Service

Primary task of the mobile unit service is to react to the alarm signals arriving from guarded objects. Mobile unit service provide assistance to the employees of the mission in everyday problems and dealing with traffic supervision connected with foreign missions.

7.1.3. Manned Guard

Manned guard is implemented on following cases: - when electronic guard is not technically feasible to implement; - when according to the performed risk analyses there is a real danger of criminal attack to the foreign mission or its head.

7.1.4. Bodyguard

Bodyguard shall be implemented in case when special danger is characterised in such a high level of risk that other above-mentioned means are not sufficient.

NB! Foreign mission must inform State Protocol Department and Personal Protection Service of the names and contact data of the persons who are responsible of the current security issues and whom one needs to contact also outside working time.

Central Law Enforcement Police (Julgestuspolitsei)

Ädala 4e 10614 Tallinn Phone: (+372) 612 3900 www.politsei.ee E-mail: [email protected]

Guarding Centre of the Guard Department Ädala 4e, 10614 Tallinn Phone: (+372) 612 3910, 612 3970, 5173 910 (works 24/7).

8. FIREARMS

The procedure for the handling of weapons and ammunition, the grant of permission for weapons and ammunition to be used for civilian purposes, the use of weapons and ammunition for civilian purposes are established by Weapons Act (www.legaltext.ee).

8.1.Acquisition and Possession of a Weapon in Estonia

An employee of a foreign mission who is a citizen of a foreign country may aquire and possess a weapon in Estonia (except truncheon) for hunting, dealing with a relevant sport, for security, for being active in profession and for collecting. A person who has a weapon in his/her possession is obliged to register his/her weapon within 7 days from the day of their arrival in Estonia.

When an employee of a foreign mission wishes to bring along his/her personal weapon to Estonia and possess it during the whole mission, he/she has to apply for three (3) different permits: 1) weapons acquisition permit; 2) a prior permit/special permit in order to bring in the weapon; 3) permit to carry a weapon.

In order to get the abovementioned permits a foreign mission submits a verbal note to State Protocol Department in addition to the required documents, who forwards these in turn to Police Board. Employees of a foreign mission are exempted from state fee when applying for a weapons permits.

8.1.1. Weapons Acquisition Permit

In order to aquire weapons acquisition permit one has to submit to the police prefecture of their residence: 1) weapons permit of the country of citizenship (certified with an Apostille and translated into Estonian)

2) application; 3) copy of the passport; 4) 2 photos 3x4 cm; Weapons acquisition permit is valid for three (3) months.

8.1.2. Permit to Carry a Weapon

In order to aquire a permit to carry a weapon one has to submit to the police prefecture of their residence: 1) weapons acquisition permit; 2) application 3) procured weapon. Permit to carry a weapon is valid for five (5) years.

8.2. Transport and carriage of Weapons and ammunition across the Customs Frontier

Weapons and ammunition may be carried across the customs frontier only on the bases of a prior permit (EU member states) or of a special permit (outside European Union) issued by a Police Board upon the request of MFA.

In order to apply for the permit a foreign mission submits to the State Protocol Department a verbal note with a following data:

1) personal data of a carrier of the weapon; 2) brand name of the weapon and its serial number; 3) calibre of the cartridge; 4) quantity of ammunition;

Special permit must be submitted to Tax and Customs Board upon entry into as well as upon departure from Estonia. Marking of prior permit upon carriage of weapon into Estonia and departure from Estonia is not obligatory. Permits must be returned to MFA after the exportation of a weapon from Estonia. Additional information is on the homepage of Police Board at www.politsei.ee.

Põhja Police Prefecture (Põhja Politseiprefektuur) Pärnu mnt. 139 15021 Tallinn Phone: (+372)612 4955; (+372)612 4427

9. RADIO COMMUNICATIONS

Pursuant to the provisions of Art. 27 of the Vienna Convention on Diplomatic Relations a foreign mission may install and use a wireless transmitter only with the consent of the receiving State. Use of radio telecommunications in the Republic of Estonia has been provided in the Electronic Communication Act (RTI 2004, 87,593). Radio frequency permits are issued by a Technical Inspectorate.

In order to apply for the radio frequency permit a foreign mission submits to the State Protocol Department a verbal note with an application. Application must reveal the type, make and model of the radio telecommunications, desired radio frequency, capacity, operational area and time. Permanent radio frequency permits are issued within 6 weeks unless they require international coordination and within 8 months if they require international coordination.

Additional information can be found on the homepage of a Technical Inspectorate at www.tja.ee.

Technical Inspectorate (Tehnilise Järelvalve Amet) Sõle 23 A, 10614 Tallinn Phone: (+372)667 2000 Fax: (+372)667 2001 [email protected]

10. AVIATION SECURITY

Procedure for Aviation Security has been established by Regulation No. 44 of the Government of the Republic of Estonia of 8 February 2000 “Procedure for Aviation Security” and by Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002 (establishing common rules in the field of civil aviation security). Pursuant to the annex of the regulation clause 4.4 diplomats and other privilieged persons are subjected to the examination of persons and baggage for security purposes, except in case of diplomatic mail. Passangers possessing diplomatic immunity are subjected to ordinary pre-flight security checks. Their carry on baggage and check in baggage pass ordinary pre-flight security checks. Head of States and official guests invited by the President or the Government of the Republic are freed from the pre-flight security checks. Employees of the air operator who are responsible for the reception of diplomatic mail shall check that these are indeed sent by the relevant officials of the missions and are authorised as required. Diplomatic couriers and their personal baggage are not exempted from the baggage examination. Additional information can be found on the homepage of the Estonian Civil Aviation Administration www.ecaa.ee

Estonian Civil Aviation Security (Lennuamet) Rävala pst. 8 10143 Tallinn Phone: (+372)694 9666 Fax: (+372)694 9667 E-mail: [email protected]

11. VIP SERVICE IN TALLINN AIRPORT

Tallinn Airport offers following VIP-service.

• VIP-room • reception of a client or their departure to the plain • registry of tickets in VIP-room by service staff • carrying out border guard and customs procedures in a VIP-room • carrying out a pre-flight passenger safety check in a VIP-room • baggage service and pre-flight baggage safety check in a VIP-room • information service

VIP-service basic package consists of the rent of one VIP-room in the time period of up to two hours for up to seven clients. Should there be more clients than seven, the contracting entity shall pay additional fee for each additional client. Clients are all VIP- visitors as well as persons accompanying them, also persons that remain in VIP-room as their senders.

VIP-Service Tallinn Airport (Tallinna Lennujaam) www.tallinn-airport.ee. Lennujaama 2, 111101 Tallinn, pk1 Estonia Phone (+372) 605 85 41 Fax (+372) 605 8543 E-mail: [email protected]

12. ELECTIONS

In order to conduct elections a permission must be applied from MFA. To that purpose a foreign mission shall submit a verbal note to State Protocol Department notifying of the date, time and place of elections. In Estonia foreign missions are permitted to organise elections for the citizens of the sending country only in the premises of foreign missions and honorary consulates.

13. EDUCATION

Pre-school child care institutions

International Kindergarten – address: Kentmanni 18, Tallinn 10116, phone: (+372)660 8860.Mobile phone: (+372) 534 11884; www.kindergarten.tln.edu.ee International Kindergarten operates in Tallinn since 1997. The main goal of the kindergarten is to provide children with an educational, friendly, cosy and safe English speaking environment.

International Pre-School of Estonia – address Juhkentali 18, Tallinn Phone: (+372)660 6072; www.ise.edu.ee

Schools:

International School of Estonia – address Juhkentali 18, Tallinn 10132; Phone: (+372)660 6072,Fax: (+372)666 4383; E-mail: [email protected]; www.ise.edu.ee

School offers comprehensive education to children from age three (3) to eighteen (18) based on curriculum in English. Teachers have wide international experience and they have acquired their schooling in the US, UK, Canada, Estonia, etc. All teachers have a licence on their field.

14. SOCIAL SECURITY

Members of foreign missions and their family members belong, as rule, to the social security system of the sending State. Members of foreign missions who have been resident in Estonia immediately prior to start of their employment may beloing to the Estonian social security system.

Pursuant to the provisions of Art. 33 of the Vienna Convention on Diplomatic Relations foreign missions must follow the obligations laid down to the employer by Estonian acts in the field of social insurance – they have to pay social tax of 33% and unemployment insurance premium of 0.5% of the wages of the locally hired employees.

Medical treatment expenses are paid by a sending state, unless otherwise agreed in bilateral or multilateral agreements between countries.

More detailed information:

Social Insurance Board (Sotsiaalkindlustusamet) Lembitu 12, 10114 Tallinn Phone: (+372)640 8120 Fax : (+372)640 8155 www.ensib.ee

Ministry of Social Affairs (Sotsiaalministeerium) Gonsiori 29, 15027 Tallinn Phone: (+372) 626 9301 Fax: (+372) 699 2209 E-mail: e-mail: [email protected] www.sm.ee

Health Insurance Fund (Haigekassa) Harju Department Lastekodu 48 10144 Tallinn Information phone: 16363 Fax : (+372)6033631 E-mail: [email protected] www.haigekassa.ee

15. MEDICINES

Natural person arriving in Estonia and leaving from Estonia may take along medicines that they use for personal medical purposes or for pet animals accompanying them.

Psychotropic medicine products may be taken along without a special permit from State Agency of Medicines up to two week treatment and narcotic medicine products for up to one week treatment. For these medicines one has to have a copy of a medical prescription or doctor’s medical statement on the necessity of the medicines.

In order to bring medicines across the border in bigger amount one has to apply for a relevant permission from the State Agency of Medicines. In the application one has to state the name of the medicine, the amount and reason for carrying it over the border.

More detailed information:

State Agency of Medicines (Ravimiamet) Nooruse 1, 50411 Tartu Phone: (+372)737 41 40 Fax: (+372)737 41 42 www.ravimiamet.ee

16. PET ANIMALS

Regulations concerning the import of pets to Estonia are available on the web site of the Veterinary and Food Board (Veterinaat- ja Toiduamet) www.vet.agri.ee

Veterinary and Food Board (Veterinaat- ja Toiduamet)

Väike-Paala 3, 11415 Tallinn Phone: (+372)605 1710 Fax: (+372)621 1441

CONTACT INFORMATION

Information on the institutions, state agencies, parties etc of the Republic of Estonia can be found at: www.riik.ee

Important numbers:

Emergency phone: 112 Police phone: 110 Tallinn help line 1345 (breakdowns, accidents) Electricity emergencies 24/7 Phone: 523 5222 Fee-charging info lines: 1188, 1182