Estonia: Export Control Bodies and Regulations

ADMINISTRATIVE BODIES

The primary export control body in Estonia is the Strategic Goods Import, Export, and Transit Commission. The commission was created by Government Regulation No. 280 of 28 September 1999, Statutes of Strategic Goods Import, Export, and Transit Control Commission.[1] The predecessor of the commission was the Commission for the Export Control of Strategic Goods, created by Government Regulation No. 426-k of 15 June 1994, On the Commission for the Export Control of Strategic Goods.[2]
 
The commission is made up of representatives from the Ministry of Defense, the Ministry of Economic Affairs, the Ministry of Foreign Affairs, the Customs Board, the Security Police Board, and the National Police Board. It is chaired by the Minister of Foreign Affairs and meets once per quarter, or more frequently if deemed necessary by the chairman. The commission's functions are as follows:  to issue, extend, revoke, and monitor the use of documents related to the import, export, and transit of strategic goods; to monitor compliance with export control legislation and related international agreements within the limits of its authority; to propose amendments to export control legislation; to prepare the List of Strategic Goods, to make amendments thereto as necessitated by changes in international lists of strategic goods, and to submit the List to the government for approval; and to cooperate with the export control agencies of other countries and international organizations.[1]
Sources:
[1] Government Regulation No. 280, Statutes of Strategic Goods Import, Export and Transit Control Commission (unofficial translation), 28 September 1999, Estonian Ministry of Foreign Affairs Web Site, http://www.vm.ee/Export_Control/statutes.htm.
[2] "Export Controls in Estonia," Estonian Ministry of Foreign Affairs Web Site, http://www.vm.ee/Export_Control/expconest.htm. {Entered 3/27/01 LBN}

LICENSING PROCESS

All import, export, and transit transactions involving strategic goods require licenses, which are issued by the Strategic Goods Import, Export, and Transit Commission on a case-by-case basis. The licensing procedure is the same for military and dual-use items. 
 
To receive a license, an enterprise or individual must submit the following: a standard application form; a registration certificate (for enterprises) or an identification card (for individuals); proof of permission to engage in business activities involving arms, nuclear materials, hazardous chemicals, etc. (if required by acting legislation); proof of the origin of the goods; a description of the goods, including technical specifications; an agreement or invoice concerning the goods; and, if required by the Commission, an International Import Certificate or End-User Statement from the importing country.
 
Typically, the Commission must issue the license or a letter of denial within 30 days after receipt of the complete application.[1]  This deadline can be extended up to 30 days more if the application materials require additional review. The applicant usually receives the results of the application within five working days.[2] Import and export licenses are valid for one year; transit permission is valid for one month.[1]
[1] "Export Controls in Estonia," Estonian Ministry of Foreign Affairs Web Site, http://www.vm.ee/Export_Control/expconest.htm.
[2]  NISNP correspondence with Estonian Export Control Commission Official, 28 March 2001, EST010328. {Entered 3/30/01 LBN}

ENFORCEMENT PROCEDURES

Export control regulations and legislation are enforced by the Customs Board, the National Police Board, and the Security Police Board. Customs authorities conduct inspections of goods at their own initiative, upon request by the Strategic Goods Import, Export, and Transit Commission, and also upon request by foreign authorities.[1,2] Violations of export control regulations that involve weapons of mass destruction and related materials, equipment, or technology are handled by the Security Police Board. Violations of export control regulations that involve dual-use goods are handled by the National Police Board.[2]
[1] "Export Controls in Estonia," Estonian Ministry of Foreign Affairs Web Site, http://www.vm.ee/Export_Control/expconest.htm.
[2]  NISNP correspondence with Estonian Export Control Commission Official, 28 March 2001, EST010328. {Entered 3/30/01 LBN}

LEGISLATION

STRATEGIC GOODS IMPORT, EXPORT AND TRANSIT ACT
Adopted 16 June 1999
 
This law governs the import into, export from, and transit through Estonia of strategic goods.  The law defines the concept of "strategic goods;" notes the duties of the Strategic Goods Import, Export, and Transit Control Commission; describes the documents needed for the legal import, export, or transit of strategic goods; lists restrictions on import, export, and transit activities; and provides for punishment of violations of the law.  This law takes the place of the Strategic Goods Export and Transit Act, which it repeals.
[Strategic Goods Import, Export and Transit Act, 16 June 1999, Estonian Ministry of Foreign Affairs Web Site, http://www.vm.ee/Export_Control/stratact.htm.] {Entered 3/30/01 LBN}
 
ESTABLISHMENT OF EXCEPTIONS TO REQUIREMENT OF IMPORT, EXPORT, OR TRANSIT LICENCES FOR STRATEGIC GOODS
Government Regulation No. 274, 22 September 1999
 
This regulation lists the circumstances under which the import, export, and transit of strategic goods may take place without a license.
[Government Regulation No. 274, Establishment of Exceptions to Requirement of Import, Export or Transit Licences for Strategic Goods (unofficial translation), 22 September 1999, Estonian Ministry of Foreign Affairs Web Site, http://www.vm.ee/Export_Control/establ.htm.]
  
STATUTES OF STRATEGIC GOODS IMPORT, EXPORT AND TRANSIT CONTROL COMMISSION
Government Regulation No. 280, 28 September 1999
 
This regulation establishes the Strategic Goods Import, Export, and Transit Control Commission, and defines its membership, functions, rights, and basic procedures. The commission is made up of representatives of the Ministries of Defense, Economic Affairs, and Foreign Affairs, the Customs Board, the Security Police Board, and the National Police Board. The commission's functions are as follows:  to issue, extend, revoke, and monitor the use of documents related to the import, export, and transit of strategic goods; to monitor compliance with export control legislation and related international agreements within the limits of its authority; to propose amendments to export control legislation; to prepare the List of Strategic Goods, to make amendments thereto as necessitated by changes in international lists of strategic goods, and to submit the List to the government for approval; and to cooperate with the export control agencies of other countries and international organizations. The regulation also defines the functions of the individual members. The Ministry of Foreign Affairs representative handles most of the strategic and administrative tasks, including chairing commission meetings; the remaining representatives provide opinions on whether to accept or reject applications for export control documents, based on the information possessed by each representative's respective agency.  In addition to providing opinions on applications, the Security Police Board and the Customs Board are responsible for the detection and investigation of export control violations.
[Government Regulation No. 280,  Statutes of the Strategic Goods Import, Export, and Transit Control Commission, 28 September 1999, Estonian Ministry of Foreign Affairs Web Site, http://www.vm.ee/Export_Control/statutes.htm.]
 
PROCEDURE FOR IMPORT, EXPORT AND TRANSIT OF STRATEGIC GOODS
Government Regulation No. 281, 28 September 1999
 
This regulation governs the application for and issuance of import, export, and transit licenses; International Import Certificates; Delivery Verification Certificates; and End-Use Certificates for transactions involving strategic goods. The regulation stipulates special application procedures depending on whether the transaction involves military equipment, nuclear and related materials, biological agents, hazardous chemicals, or dual-use goods.  The regulation notes the duties and obligations of those involved in import, export, and transit activities, and provides for the revocation of licenses and other documents under certain circumstances.
[Government Regulation No. 281, Procedure for Import, Export and Transit of Strategic Goods (unofficial translation), 28 September 1999, Estonian Ministry of Foreign Affairs Web Site, http://www.vm.ee/Export_Control/proc.htm.] {Entered 3/30/01 LBN}
 
ON CONFIRMING THE LIST OF STRATEGIC GOODS
Government Order No. 282, 28 September 1999
 
This order confirms the list of strategic goods subject to export control. The List of Strategic Goods is divided into two sections: Part 1 (ML category) includes weapons, ammunition, and other military equipment, and is based on the Waasenaar Arrangement Munitions List; Part 2 is an Estonian translation of the EU dual-use list, and includes all dual-use goods and technologies in the lists of the Missile Technology Control Regime, Nuclear Suppliers Group, Australia Group, and the Wassenaar Arrangement.  The list is updated annually by the Ministry of Foreign Affairs.
["Export Controls in Estonia," Estonian Ministry of Foreign Affairs Web Site, http://www.vm.ee/Export_Control/expconest.htm.]

DEVELOPMENTS

11/12/2002: ESTONIA SIGNS EU AID AGREEMENT TO IMPROVE CUSTOMS

On 12 November 2002, Finance Minister Harri Õunapuu, and Head of the European Commission Delegation in Estonia John Kjaer signed a Financing Memorandum under the EU Phare 2002 program in the amount of 395 million kroons (about $27 million). The assistance money will support 19 projects in Estonia, which will aim to expand and enhance the work of the public sector. Part of this funding will be used to improve the administrative capacity of the Estonian customs administration.

["European Union to support Estonia's preparations to join the EU with 400 million kroons," 12 November 2002, Delegation of the European Commission Web Site, http://www.euroopaliit.ee/.] {Entered 2/28/03 AI}

5/22/2000: US EXPORT CONTROL OFFICIALS ARRIVE, DELIVER EQUIPMENT
A delegation of US officials from Customs, the Departments of State and Defense, and the FBI arrived in Estonia on 22 May 2000 for a series of meetings with Estonian authorities regarding export control issues. Estonian Ministry of Internal Affairs Advisor Jaanus Rahumagi said that the delegation brought radiation and WMD detection equipment worth $30,000-$40,000, including 10 portable radiation detectors, worn on belts, that were recently adopted by US customs authorities. The United States also provides training to Estonian law enforcement authorities in the use of high-tech equipment to prevent WMD proliferation. While Estonian authorities have not yet discovered any weapons of mass destruction or their components in Estonia, several incidents involving radioactive scrap metal from Russia and Kazakhstan have occurred.
["Estonia receives weapons detection devices," Baltic Times, Vol. 5, No. 208, 25-31 May 2000, p. 4.]{entered 7/31/2000 AB}
 
6/96: US CUSTOMS GIVES RADIATION DETECTION DEVICE TO ESTONIA
The US Customs Service donated a $250,000 "radiation van" to the Estonian Customs service. The van is outfitted with technology capable of detecting certain substances such as nuclear weapons materials, plastic explosives, and drugs. The van will be placed in the southern town of Voru, along the Russian border.
[Ecoinform, June-July 1996.] {entered 1/29/97 djw}