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Updated December 2006
Estonia Profile
Export Control Developments
Please click here for the text of an archived report on Estonian export controls.
May 2004: United States Conducts Training Courses in Estonia
Two U.S. Department of Energy technical export control specialists, from Argonne National Laboratory and Oak Ridge National Laboratory, participated as instructors in a course on Nuclear Dual-Use and Specialized Equipment offered to 35 export control enforcement personnel from the Estonian Security Police, Central Criminal Police, Border Guard, and Customs. The course, held on 17-21 May 2004 in Tallinn, Estonia, was part of the Defense Threat Reduction Agency’s International Counterproliferation Program.
[NIS Export Control Observer, June 2004, CNS website, <http://www.cns.miis.edu/pubs/nisexcon/index.htm>.]
2003: The Baltic States Improve Their Export Control Systems to Join the EU
Estonia, Latvia, and Lithuania are currently upgrading their export control systems in order to meet European Union (EU) standards before joining the EU in May 2004. The EU may find it challenging, however, to accommodate existing members with advanced export control mechanisms and newcomers with less elaborate export control systems. Furthermore, while all current EU member states are members of every multilateral export control regime, Estonia and Lithuania do not belong to any of the regimes, and Latvia is a member of only the Nuclear Suppliers Group (NSG). To the extent they remain outside the regimes, the Baltic states will not be allowed to participate in the decision-making processes within the groupings; however, as full-fledged members of the EU, they will have to abide by the regime-related decisions that are made by other EU members.[1] Below is a brief summary of nonproliferation export control efforts in Estonia.
Estonian export control legal infrastructure is based on the guidelines of multilateral export control regimes and EU regulations. Currently, Estonia is not a member of any export control regime, but it applied in 2003 for membership in the Missile Technology Control Regime (MTCR), NSG, Australia Group (AG), and Wassenaar Arrangement.
According to Estonian officials, joining the EU and multilateral regimes will not require any significant changes in the Estonian export control system, since the country has already complied with all the main provisions of the regimes and the EU regulations.
The following documents comprise the legal foundation for the Estonian export control system (in reverse chronological order):
- Government Order No. 154, Control List of Strategic Goods, 30 April 2001;
- Government Decree No. 281, Establishing Procedures for Export, Import, and Transit of Strategic Goods, 28 September 1999;
- Government Decree No. 280, Establishing a Commission to Control Export, Import, and Transit of Strategic Goods, 28 September 1999;
- Government Decree No. 274, Exceptions to the Requirement for Import, Export, or Transit Licenses of Strategic Goods, 22 September 1999; and
- Law On Import, Export, and Transit of Strategic Goods, 16 June 1999.
In the summer of 2003, the Estonian Ministry of Foreign Affairs completed a draft of a new export control law that introduces general and individual licenses, provides more detailed information on brokering control, includes a catch-all clause, and establishes a brokering register. The draft is currently under interagency review. Parliament is expected to approve it by January 2004.
Currently, the Estonian Export Control Commission is in the process of introducing a new electronic license application filing system. The system is scheduled to become fully operational by the end of 2004. In addition, since custom officers do not always have the expertise and resources to undertake proper commodity identification, the Export Control Commission has established a special help-line with expert assistance for custom officers.[2]
Sources:
[1] For more details on the export control challenges faced by new EU members, see: Scott Jones, “EU Enlargement: Implications for EU and Multilateral Export Controls,” The Nonproliferation Review, Vol. 10, No. 2, Summer 2003.
[2] University of Georgia’s Center for International Trade and Security (CITS) correspondence with Toomas Raba, Export Control Commission, Estonian Ministry of Foreign Affairs, October 2003.
This item originally appeared in the NIS Export Control Observer: <http://www.cns.miis.edu/pubs/nisexcon/index.htm>.
12 November 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.
["Report of the Union support Estonia's preparations to join EU with 400 million kroons, 12 November 2002, Delegation European Commission website, <http://www.euroopaliit.ee>.]
22 May 2000: U.S. EXPORT CONTROL OFFICIALS ARRIVE, DELIVER EQUIPMENT
A delegation of U.S. 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 U.S. 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 31 July 2000 AB}
8 May 1997: PRESIDENT MERI SIGNS RADIATION ACT
Estonian President Lennart Meri signed the Radiation Act, which is intended to protect workers, the public, and the environment from the harmful effects of radiation. The act was passed by Parliament on 23 April 1997. Estonia based the Radiation Act on principles and dose limits set by Euratom and the Basic Safety Standards of the IAEA. The act sets forth the rules for radiation protection in the usage, storage, transport, and disposal of radioactive materials. Although the act comments on the management, import, and export of radioactive waste, Estonia will create separate laws to address those issues. Section 7 of the act states that the Ministry for the Environment will establish the procedure for issuing licenses for all activities involving radioactive materials. The Estonian Radiation Protection Center (ERPC) will issue the licenses, which will specify, among other things, measures guaranteeing radiation safety, specific markings of the radioactive materials and the areas storing them, medical exams for workers, and plans in the event of an emergency. The EPRC will inspect the radioactive materials and areas containing the materials.
["Estonia," Nuclear Law Bulletin, No. 60, December 1997, pp 82-83.] {entered 25 March 1998 djw}
June 1996: U.S. CUSTOMS GIVES RADIATION DETECTION DEVICE TO ESTONIA
The U.S. 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 29 Jauary 1997 djw}
Export Control Overview (archived)
This report was originally prepared by the Center for Nonproliferation Studies of the Monterey Institute of International Studies in January 1998 under a grant from the United States Department of Energy's Office of Nonproliferation and Arms Control. The views expressed in this report are those of the authors alone, and do not necessarily represent the views of the Department of Energy or the United States Government.
Overview
Estonia's export control system was first established in 1994 to reflect the country's commitment to the principles of the international organizations and agreements in which it participates. The law On Export and Transit of Strategic Goods was adopted by the Riigikogu (parliament) on 6 April 1994. This law and other legislation passed the same year were based on the guidelines of the Australia Group, the Nuclear Suppliers Group, the Missile Technology Control Regime, and the now-defunct COCOM. In 1999, new export control legislation and regulations were introduced that reflect regulations of the EU (to which Estonia hopes to gain entry) and international export control regimes.[1]
Estonia is one of the world's leading exporters of rare metals, some of which have nuclear weapons applications. According to Russian officials, prior to the establishment of the export control system, dual-use materials that eventually came into the possession of states seeking to develop nuclear weapons were exported from Estonia. In 1992, large Estonian shipments of zirconium were seized by Finnish customs officers, and Russian authorities intercepted a shipment of four tons of Russian zirconium on its way to Estonia. (The shipment was ostensibly meant for the jewelry-manufacturing industry, but the amount and grade of zirconium were incompatible with such purposes.) It is unknown whether the Estonian government knew of or condoned these exports.[2]
During the May 1994 Conference of European Nonproliferation Experts, Deputy Foreign Minister Indrik Tarand noted that the large number of governmental organizations involved in the Estonian export control system should serve to counteract the growing presence of organized crime groups that are using Estonia as a transshipment point.[3] According to Export Control Commission Executive Secretary Toomas Raba, as of 2001, an average of three firms are caught and fined for violating export control legislation every year; criminal charges are pressed against one firm per year.[4]
Sources:
[1] "Export Controls in Estonia," Estonian Ministry of Foreign Affairs website, <http://www.vm.ee/Export_Control/expconest.htm>.
[2] William C. Potter, "Nuclear Exports from the Former Soviet Union: What's New, What's True," Arms Control Today, January-February 1993, pp. 3-10.
[3] Indrik Tarand, "Export Controls in Estonia," paper presented at the Conference of European Nonproliferation Experts, Peace Research Institute of Frankfurt, Freudenstadt, Germany, May 1994.
[4] NISNP correspondence with Estonian Export Control Commission Official, 28 March 2001, EST010328. {Revised 28 March 2001 LBN}
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 website, <http://www.vm.ee/Export_Control/statutes.htm>.
[2] "Export Controls in Estonia," Estonian Ministry of Foreign Affairs website, <http://www.vm.ee/Export_Control/expconest.htm>. {Entered 27 March 2001 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.
Sources:
[1] "Export Controls in Estonia," Estonian Ministry of Foreign Affairs website, <http://www.vm.ee/Export_Control/expconest.htm>.
[2] NISNP correspondence with Estonian Export Control Commission Official, 28 March 2001, EST010328. {Entered 30 March 2001 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]
Sources:
[1] "Export Controls in Estonia," Estonian Ministry of Foreign Affairs website, <http://www.vm.ee/Export_Control/expconest.htm>.
[2] NISNP correspondence with Estonian Export Control Commission Official, 28 March 2001, EST010328. {Entered 30 March 2001 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 Export and Transit Act, which it repeals.
[Strategic Goods Import, Export and Transit Act, 16 June 1999, Estonian Ministry of Foreign Affairs website, <http://www.vm.ee/Export_Control/stratact.htm>.] {Entered 30 March 2001 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 website, <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 website, <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 website, <http://www.vm.ee/Export_Control/proc.htm>.] {Entered 30 March 2001 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 website, http://www.vm.ee/Export_Control/expconest.htm.]
Nuclear Legislation
5/8/97: PRESIDENT MERI SIGNS RADIATION ACT
Estonian President Lennart Meri signed the Radiation Act, which is intended to protect workers, the public, and the environment from the harmful effects of radiation. The act was passed by Parliament on 23 April 1997. Estonia based the Radiation Act on principles and dose limits set by Euratom and the Basic Safety Standards of the IAEA. The act sets forth the rules for radiation protection in the usage, storage, transport, and disposal of radioactive materials. Although the act comments on the management, import, and export of radioactive waste, Estonia will create separate laws to address those issues. Section 7 of the act states that the Ministry for the Environment will establish the procedure for issuing licenses for all activities involving radioactive materials. The Estonian Radiation Protection Center (ERPC) will issue the licenses, which will specify, among other things, measures guaranteeing radiation safety, specific markings of the radioactive materials and the areas storing them, medical exams for workers, and plans in the event of an emergency. The EPRC will inspect the radioactive materials and areas containing the materials.
["Estonia," Nuclear Law Bulletin, No. 60, December 1997, pp 82-83.] {entered 3/25/98 djw}
10/95:NUCLEAR LEGISLATION IN ESTONIA
While Estonia has no specific regulations for nuclear safety or radiation protection, there are several articles in the constitution that cover these issues indirectly.
[Nuclear Energy Agency, "Overview of Nuclear Legislation in Central and Eastern Europe," Organisation for Economic Co-Operation and Development, October 1995, p. 17.]
9/7/95: ESTONIA STARTS WORK ON NUCLEAR LEGISLATION
It was reported that Estonia has begun work on a set of nuclear regulatory laws in order to fulfill its international obligations, such as third-party liability provisions under the Vienna Convention. The IAEA and Swedish experts have helped prepare a new draft nuclear law which will go before Parliament this fall.
[Ann MacLachlan, "Estonia to Take Title to Cleaned Ex-Soviet Nuclear Training Site," Nucleonics Week, 7 September 1995, p.7.]
Last updated 12 June 1998
Comments or questions? Contact Cristina Chuen at MIIS CNS: Cristina.Chuen@miis.edu
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