Establishment of a database of operations relating to strategic goods and the rules pertaining to the database
Passed 27.12.2011 No. 7
This Regulation is enacted on the basis of Section 73(2) of the Strateegilise kauba seadus [Strategic Goods Act].
Chapter 1 General provisions
§ 1. Establishment and name of the database
(1) The database of licences for strategic goods, general transfer licence user certificates and end-use monitoring documents was established by Regulation No 9 of the Minister for Foreign Affairs of 21 May 2004 ‘ Strateegilise kauba sisseveolitsentside, väljaveolitsentside, transiidilubade, väljaveo üldloa kasutaja õiendite ja lõppkasutuse järelevalve dokumentide andmebaasi asutamine ja selle pidamise kord ’ [Establishment of a database of import licences, export licences and transit licences for strategic goods, general export licence user certificates and end-use monitoring documents and the procedure for maintaining the database].
(2) The database of brokers of military goods was established by Government of the Republic Regulation No 60 of 9 March 2004 ‘ Sõjalise kauba vahendajate riikliku registri asutamine ja registri pidamise põhimäärus ’ [Establishment of a state register of brokers of military goods and the rules on maintaining the register].
(3) The name of the database created by merging the databases referred to subsections 1 and 2 of this Section shall be the database of operations relating to strategic goods (hereinafter ‘the database’).
§ 2. Purpose of maintaining the database
The purpose of maintaining the database is to enable the Strategic Goods Commission (hereinafter ‘the Commission’) to perform strategic goods control with regard to transfers of strategic goods, the provision of services and undertakings dealing with strategic goods.
§ 3. Controller and processor of the database
(1) The controller of the database shall be the Ministry of Foreign Affairs (hereinafter ‘controller’).
(2) The processors of the database shall be the Ministry of Defence, the Ministry of Economic Affairs and Communications, the Security Police, the Police and Border Guard Board and the Tax and Customs Board (hereinafter ‘processor’), to the extent laid down in this Regulation.
§ 4. Structure of the database
(1) The database shall be maintained as a single-level computerised database, which consists of a digital entry book, a digital database of proceedings, and dossiers of supporting documents for entries in the database.
(2) The digital entry book shall consist of the data referred to in Sections 5–10 of this Regulation, with the exception of procedural information which shall be kept in the digital database of proceedings.
Chapter 2 Data to be entered in the database
§ 5. Data concerning licences
The following data concerning a licence shall be entered in the database:
1) the name, number and validity of the licence issued;
2) the number and date of the Commission’s decision;
3) the names or business names of the licence holder and the parties involved in the application, and the countries involved;
4) a description of the goods and their category in the list of strategic goods;
5) the quantity, value and end use of the goods;
6) any additional conditions relating to the licence;
7) changes to the data in the licence, and the annulment, revocation or suspension of the licence and the restoration of its validity;
8) other significant information relating to the licence.
§ 6. Data concerning users of general transfer licences
The following data concerning the user of a general transfer licence shall be entered in the database:
1) the name and number of the licence and the time limit for using the licence;
2) the number and date of the Commission’s decision;
3) the name or business name of the user, and the countries involved;
4) a description of the goods and their category in the list of strategic goods;
5) any restriction on the use of the licence;
6) changes to the data concerning the user of the licence;
7) the annulment, revocation, suspension and restoration of the right to use the licence;
8) other significant information concerning the user.
§ 7. Data concerning certified undertakings
The following data concerning a certified undertaking shall be entered in the database:
1) the name or business name and registry code of the certified undertaking and the validity of its certification;
2) the number and date of the Commission’s decision;
3) information concerning compliance with the certification criteria;
4) any restrictions and additional conditions on the certification;
5) changes to the data concerning the certified undertaking;
6) the annulment, revocation or suspension of the certificate or certification decision;
7) the name, number and validity of the special authorisation relating to the certification;
8) other significant information concerning the certified undertaking.
§ 8. Data concerning certified recipients of defence-related products
The following data concerning a certified recipient of defence-related products shall be entered in the database:
1) the name or business name and registry code of the certified undertaking and the validity of its certification;
2) the number and date of the Commission’s decision;
3) information concerning compliance with the certification criteria;
4) any restrictions and additional conditions on the certification;
5) changes to the data concerning the certified undertaking;
6) the annulment, revocation or suspension of the certificate or certification decision;
7) the name, number and validity of the special authorisation relating to the certification;
8) other significant information concerning the certified undertaking.
§ 9. Data concerning end-use monitoring documents
The following data concerning an end-use monitoring document shall be entered in the database:
1) the name, number and validity of the end-use monitoring document issued;
2) the number and date of the Commission’s decision;
3) the names or business names of the holder of the end-use monitoring document and the parties involved in the application, and the countries involved;
4) a description of the goods and their category in the list of strategic goods;
5) the quantity, value and end use of the goods;
6) any additional conditions on the end-use monitoring document;
7) where necessary, information concerning the revocation of the end-use monitoring document;
8) other significant information concerning the end user.
§ 10. Data concerning brokers of military goods
The following data concerning a broker of military goods shall be entered in the database:
1) the name or business name and registry code of the broker of military goods, the permitted countries of destination and the time limit for brokering;
2) the number and date of the Commission’s decision;
3) a description of the goods being brokered and their category in the list of strategic goods;
4) the quantity, value and end use of the goods;
5) any additional restrictions on the brokering operations;
6) changes to the data concerning the broker of military goods;
7) the time for removing the broker of military goods from the database;
8) other significant information concerning the broker of military goods.
Chapter 3 Entering data in the database
§ 11. Supporting documents for entering data in the database
The following are supporting documents:
1) applications, requests and additional documents presented to the Commission;
2) documents received from a competent person or body concerning an undertaking dealing with strategic goods;
3) Commission minutes, decisions and orders;
4) other information relating to the proceedings or the person requesting that an operation be carried out.
§ 12. Entering data in the database
(1) The data providers for the database are persons requesting performance of an operation with strategic goods, and the controller and processors.
(2) Officials from the controller and the processors shall have the competence to enter data in the database to the extent required to perform their duties. Officials from the processors shall have the right to enter data in the database within the scope of information relating to the proceedings.
(3) The controller shall enter data in the digital entry book within five working days of a Commission decision being taken.
(4) If there are no data, no entry shall be made.
§ 13. Ensuring the accuracy of data
(1) Data providers shall be responsible for the accuracy of the data they submit and of the data contained in the supporting documents at the time the data or supporting documents are submitted.
(2) Officials from the controller or processors of the database shall be responsible for the compliance of the data they enter in the database with the data submitted by the data provider.
§ 14. Correcting inaccurate data
If the controller or a processor identifies inaccurate data in the database or is informed thereof, the controller or processor shall make a correction in the database within five working days of receiving the correct data.
Chapter 4 Access to data entered in the database
§ 15. Access to data entered in the database
(1) The Ministry of Foreign Affairs shall publish the following on its website:
1) the list of Estonian certified undertakings;
2) the list of certified recipients of defence-related products, with a reference to the European Commission’s website where the central register of certified recipients in the European Union Member States is published;
3) the list of brokers of military goods.
(2) Data entered in the database and not referred to in subsection 1 of this Section shall be subject to access restrictions in accordance with the Riigisaladuse ja salastatud välisteabe seadus [State Secrets and Classified Information of Foreign States Act], the Avaliku teabe seadus [Public Information Act] and the Isikuandmete kaitse seadus [Personal Data Protection Act] and they shall not be published.
(3) Officials from the controller and processors and duly authorised officials from the data protection supervisory authority shall have access to the data to the extent required to perform their duties, and persons developing or maintaining the database shall also have access to the extent required to perform their duties.
§ 16. Releasing data from the database
(1) On the basis of a written application, the controller of the database shall release data from the digital entry book to:
1) the data subject;
2) a third party if there is a justified interest and if the data subject agrees to the release of the data.
(2) On the basis of a written application, the controller of the database shall release data to State and local government bodies and to legal persons under public law, provided that there is a direct basis in law for releasing the data and that they need the data to be released to perform their duties under law.
(3) A written application for the release of data must bear the name and contact details of the person requesting the data and the aim of and basis for requesting the data.
(4) The controller of the database shall keep digital records of the time and aim of releasing data, the composition of the data released and the recipient of the data.
(5) The release of data from the database shall be free of charge.
Chapter 5 Data storage and security, funding the maintenance of the database and closing the database
§ 17. Storing the data and supporting documents contained in the database
The data in the database shall be stored permanently. The supporting documents for data entered in the database shall be stored in accordance with the Arhiiviseadus [Archives Act] and the procedure enacted by the controller.
§ 18. Data security
The security classification of the database is K1T1S2 and the security level of the database is medium (M).
§ 19. Funding the database
Maintenance of the database shall be funded using resources earmarked in the State budget for the Ministry of Foreign Affairs for that purpose.
§ 20. Closing the database
Any decision concerning the closure of the database shall be taken by the Minister for Foreign Affairs.
Chapter 6 Implementing provisions
§ 21. Entry into force of this Regulation
(1) This Regulation shall enter into force on 1 January 2012.
(2) Section 15(1)(2) of this Regulation shall enter into force on 30 June 2012.
Urmas Paet
Minister
Alar Streimann
Secretary-General
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