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Foreign Relations Act

Passed 15.06.2006
RT I 2006, 32, 248
Entry into force 01.01.2007

Amended by the following legal instruments (show)

Chapter 1 GENERAL PROVISIONS 

§ 1.  Scope of application of Act

 (1) The Foreign Relations Act regulates the foreign relations of the Republic of Estonia, the competence of the bodies conducting foreign relations (hereinafter bodies conducting foreign relations) and internal proceeding of treaties.

 (2) This Act does not regulate the relations of the Republic of Estonia with the European Union unless otherwise provided by this Act.

 (3) This Act does is not applied to treaties concerning financing, state guarantees, state budget loans and participation of the state in private legal entities.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 2.  Bases for foreign relations

  Foreign relations shall be based on:
 1) this Act and other legislation of the Republic of Estonia;
 2) the generally recognised principles of international law and the international custom and practice;
 3) international obligations of the Republic of Estonia.

§ 3.  Basic definitions

  For the purposes of this Act:
 1) “foreign relations” means the relations conducted by competent bodies conducting foreign relations with foreign states and international organisations;
 2) “treaty” means a bilateral or multilateral written agreement consisting of one or several documents which is concluded between the Republic of Estonia and a foreign state or an international organisation and which is regulated by international law;
 3) “inter-agency treaty” means a written agreement entered into by a government agency or local authority of the Republic of Estonia with an agency of a foreign state or international organization, or a written agreement entered into by a legal entity under public law for the implementation of a treaty on the basis of an international agreement, which has been entered into in accordance with their competence and which is regulated by international law.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

Chapter 2 BODIES CONDUCTING FOREIGN RELATIONS AND THEIR COMPETENCE 

Subchapter 1 BODIES CONDUCTING FOREIGN RELATIONS 

§ 4.  Bodies conducting foreign relations

 (1) Foreign relations are conducted by:
 1) the Riigikogu;
 2) the President of the Republic;
 3) the Government of the Republic;
 4) the Ministry of Foreign Affairs;
 5) other state agencies and local authorities according to their competence.

 (2) The bodies conducting foreign relations shall inform the Ministry of Foreign Affairs of their activities in the field of foreign relations.

§ 5.  Foreign missions of Republic of Estonia

 (1) A foreign mission of the Republic of Estonia (hereinafter foreign mission) is a structural unit of the Ministry of Foreign Affairs in a foreign state which conducts foreign relations in the receiving state or in an international organisation pursuant to this Act, its statutes and other legislation of the Republic of Estonia and shall act pursuant to international law.

 (2) The following is a foreign mission:
 1) a diplomatic mission;
 2) a consular post;
 3) [Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (3) The following is a diplomatic mission:
 1) an embassy;
 2) a permanent mission.

 (4) The foreign mission includes the residence of the head of the mission.
[RT I, 27.09.2024, 1 – entry into force 01.01.2025]

Subchapter 2 COMPETENCE OF BODIES CONDUCTING FOREIGN RELATIONS 

§ 6.  Competence of the Riigikogu

 (1) The Riigikogu shall:
 1) pass Acts and resolutions relating to foreign relations;
 2) ratify treaties by passing Acts concerning accession, approval, acceptance, ratification or other Acts, and denounce ratified treaties by passing Acts concerning the denunciation of, withdrawal from or termination of the agreement or other Acts;
 3) present statements, declarations and communications concerning foreign policy or accede thereto;
 4) conduct relations with the parliaments of other states and with interparliamentary organisations, and form foreign delegations;
 5) discuss, on the basis of a report from the Government of the Republic, the foreign policy of the state and the implementation thereof during the second plenary working cycle of the year.

 (2) The Foreign Affairs Committee of the Riigikogu shall:
 1) regularly discuss the foreign policy;
 2) coordinate the foreign relations of the Riigikogu;
 3) discuss the report from the Government of the Republic on the foreign policy of the state and present its report at the corresponding plenary sitting of the Riigikogu;
 4) discuss together with the National Defence Committee the bases of security policy presented by the Government of the Republic;
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]
 5) hear the information of the Ministry of Foreign Affairs concerning the candidates for the posts of ambassador extraordinary and plenipotentiary and envoys of the Republic of Estonia and meet the candidate, if necessary.

§ 7.  Competence of President of Republic

  The President of the Republic shall:
 1) represent the Republic of Estonia as head of state in foreign relations;
 2) appoint and recall ambassadors extraordinary and plenipotentiary and envoys of the Republic of Estonia on the proposal of the Government of the Republic by signing their letters of credence and letters of recall;
 3) receive the letters of credence of ambassadors extraordinary and plenipotentiary and envoys accredited to the Republic of Estonia;
 4) declare the head of the diplomatic mission of a foreign state to be persona non grata according to international law;
 5) sign the instruments of agreement prepared on the basis of Acts specified in clause 2 of subsection 1 of § 6.

§ 8.  Competence of Government of the Republic

 (1) The Government of the Republic shall:
 1) manage foreign relations and implement the foreign policy of the Republic of Estonia;
 2) administer the implementation of Acts concerning foreign relations and the resolutions of the Riigikogu;
 3) submit draft legislation concerning foreign relations and treaties and drafts thereof to the Riigikogu;
 4) approve and submit to the Riigikogu the report on the foreign policy of the state;
 5) approve and submit to the Riigikogu the bases of security policy;
 6) recognise other states and enter into diplomatic relations with other states;
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]
 7) conclude treaties which are not subject to ratification by the Riigikogu on behalf of the Republic of Estonia;
 8) form, where necessary, government delegations for assignment to other states, international organisations and international meetings;
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]
 9) establish diplomatic missions of the Republic of Estonia in foreign states and at international organisations and terminate the activities of such missions;
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]
 9¹) establish representations in entities and territorial governments, determines their competence, and terminates their activities;
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]
 10) appoint higher representatives of the Republic of Estonia at the international organisations, institutions and meetings or present candidates for a higher representative of the Republic of Estonia to an international organisation or institution.
 11) [Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]
 12) present statements, declarations and communications concerning foreign relations or accede thereto and concludes memoranda of understanding;
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]
 13) resolve other issues of foreign relations which are not assigned to be resolved by the Riigikogu or the President of the Republic by the Constitution or this Act.

 (2) The Prime Minister shall direct the activities of the Government of the Republic in the field of foreign relations and represent the Republic of Estonia in foreign relations in accordance with this Act and other legislation and the generally recognised principles of international law, the international custom and practice.

 (3) [Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (4) The Government of the Republic or a minister authorised by the Government of the Republic shall establish by a regulation the conditions and procedure for applying for and use of the European Union support and foreign aid.

 (4¹) The Government of the Republic or a minister authorised by the Government of the Republic may, with an administrative contract, authorize a state foundation or a foundation established with state participation to perform an administrative duty related to the implementation of a support program financed by the European Union support or foreign aid, without applying subsections 2 and 3 of § 5, subsections 1 and 2 of § 6 and subsection 1 of § 14 of the Administrative Co-operation Act. Upon entry into such an administrative contract, § 13 or subsection 3 of § 14 of the Administrative Co-operation Act are not applied.
[RT I, 31.01.2023, 5 – entry into force 10.02.2023]

 (5) The Government of the Republic establishes by a regulation the conditions, rates and procedure for reclaiming the European Union support and foreign aid.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (5¹) A reclamation decision made pursuant to the regulation under subsection 5 in respect of support granted on the basis of the regulation established based on subsection 4 of this section is an enforcement document within the meaning of clause 21 of subsection 1 of § 2 of the Code of Enforcement Procedure. If the repayable support is not refunded within the time limit and it cannot be set off against the support payable to the same person within that period, the authority that made the reclamation decision may subject the decision to compulsory execution in accordance with the procedure provided for in the Code of Enforcement Procedure.
[RT I, 08.07.2020, 3 – entry into force. 18.07.2020]

 (5²) The support is reclaimed in full or in part, based on the nature and severity of the violation, on the bases provided in the European Union legislation or agreement on the provision of support and foreign aid. In the absence of such bases, the support may be reclaimed in full or in part, in particular in case after the payment of the support, it becomes apparent that the recipient of the support:
 1) has knowingly provided false information when applying for or using the support, has seemingly fulfilled the conditions related to the receipt or use of the support, fraud, corruption or a conflict of interest has occurred in the use of the support, or a circumstance has emerged in which the application for the support would not have been granted;
 2) has not fulfilled the requirements on which the support is based;
 3) has not fulfilled in part or in full the obligation related to the receipt of the support;
 4) liquidation or bankruptcy proceedings have been initiated against the recipient.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (5³) A recovery decision in respect of the support is not made in case:
 1) the recipient of support or the final recipient has discovered that they have been compensated for an expense that is not reimbursed by the support, and has notified the provider of support thereof as soon as possible and has returned the support or part thereof in the manner provided in the conditions for granting the support;
 2) the amount of support to be recovered is 1,000 euros or less, except in the case of the circumstances specified in clause 1 of subsection 5² of this section.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (5⁴) In case, upon making a decision to recover support it is not possible to assess the financial impact of the failure to fulfil an obligation or requirement due to the nature of the failure, the support is recovered or the support to be paid is reduced by 2–100 per cent of the support allocated to the activity.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (5⁵) The repayable support may be offset against the support repayable within the same project.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (5⁶) The decision to recover the support may be taken within four years as of the last payment to the beneficiary, of the support, taking into account the conditions for the running of the limitation period laid down in Council Regulation (EC, Euratom) No 2988/95 on the protection of the European Communities' financial interests (OJ L 312, 23.12.1995, pp. 1–4).
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (5⁷) The support must be repaid within 60 days as of receipt of the relevant decision. In exceptional and justified cases, the provider of support may, at the request of the beneficiary, extend the repayment period and postpone the repayment, requiring a guarantee where necessary.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (5⁸) In case the support is not repaid by the due date for repayment of the support or the support has not been offset, the beneficiary of the support must pay interest on late payment of 0.06 per cent for each calendar day of delay upon repaying the support. The calculation of interest on late payment ceases in case the amount of interest on late payment exceeds the amount of support to be recovered on which it is based. No interest on late payment is charged to a state agency, or a person authorized to perform a state administrative task upon the use or mediation of support, unless the European Commission requires the payment of interest on late payment from the state. In such a case, the state charges interest on late payment in the amount of interest on late payment paid to the European Commission.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (5⁹) In the case of deferral of repayment of support, the beneficiary of the support pays interest as of the day following the due date specified in subsection 57 of this section. The interest rate on the balance of the amount of support to be refunded is six-month Euribor plus three per cent per annum. The six-month Euribor is taken as at the banking day preceding the decision to defer the repayment of support. The basis for calculation of interest is a 360-day period. In the case of a negative Euribor, aggregated percentage rates below one are not applied.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (6) The Government of the Republic or a minister authorised thereby may establish by a regulation a database for the performance of functions related to intermediation of the European Union support or foreign aid and establish the statutes thereof. The specified statutes provide, among others, the types of personal data related to the application, grant and use of support, the procedure for obtaining access to data and issuing of data, the time limit for preservation of data and other organizational issues in accordance with the scope of personal data processing provided in the legislation or agreement on the provision of European Union support and foreign aid.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 9.  Competence of Ministry of Foreign Affairs

 (1) Upon development and implementation of foreign policy, the Ministry of Foreign Affairs shall:
 1) organise and coordinate foreign relations;
 2) prepare the report from the Government of the Republic on the foreign policy of the state at least once a year;
 3) [Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]
 4) develop visa policy in cooperation with the relevant ministries and implement it according to its competence;
 5) develop foreign economic policy, including foreign trade policy, investments protection policy and strategic goods control policy in cooperation with the relevant ministries and implement it according to its competence;
 6) draw up development cooperation and humanitarian aid policy in cooperation with the relevant ministries and implement it according to their competence;;
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]
 7) prepare draft legislation concerning foreign relations and participate in the preparations of draft legislation concerning foreign economy;
 8) regularly inform the President of the Republic, the President of the Riigikogu, the Prime Minister and the Foreign Affairs Committee of the Riigikogu of the implementation of foreign policy.

 (2) In relations with foreign states and international organisations, the Ministry of Foreign Affairs shall:
 1) manage relations with foreign states and their missions;
 2) manage and coordinate, within the limits of its competence, the relations of governmental authorities with international organisations and participation in the work thereof;
 3) coordinate the relations of other state agencies and local authorities with missions of foreign states and representations of international organisations in the Republic of Estonia;
 4) present statements, declarations and communications concerning foreign relations which do not fall within the competence of the Riigikogu or the Government of the Republic on behalf of the Government of the Republic, or accede thereto, and concludes memoranda of understanding;
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]
 5) make proposals to the Government of the Republic concerning the establishment and termination of diplomatic missions of the Republic of Estonia, and shall open and close consular posts of the Republic of Estonia;
 6) make proposals through the Government of the Republic to the President of the Republic to declare the head of the diplomatic mission of a foreign state to be persona non grata or shall declare a member of a foreign mission in the Republic of Estonia to be persona non grata according to international law;
 7) coordinate the forming of government delegations and missions, including the establishment of special missions, and the assignment thereof to foreign states, international organisations and international meetings, and prepare the relevant full powers;
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]
 8) coordinate participation in civilian crisis management missions organised by international organisations and in other civilian crisis management missions and the assignment of official experts to foreign states and international organisations.
[RT I, 04.03.2011, 1 – entry into force 01.04.2011]
 9) register intergovernmental international organizations or other institutions established by international agreement and their staff located in Estonia and the representations of units and territorial governments.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (2¹) [Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (2²) [Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (3) Upon conclusion and enforcement of treaties, the Ministry of Foreign Affairs shall:
 1) initiate conclusion of a treaty, or gives consent thereto, participate in negotiations concerning the treaty, prepare or coordinate the draft treaty or the adopted text to be submitted to the Government of the Republic, and submit the draft treaty or the adopted text to the Government of the Republic or give consent to its submission;
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]
 2) organise the preparation, signing and exchange of the instruments of agreement or submission to the depositary;
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]
 3) keep custody of the treaties of the Republic of Estonia and organise the publication thereof as necessary;
 4) submit treaties of the Republic of Estonia to an international organisation for registration;
 5) perform the functions of a depositary in the name of the Republic of Estonia;

 (4) In the management of internal protocol and protocol abroad, the Ministry of Foreign Affairs shall:
 1) organise and coordinate the visits abroad of the President of the Republic, the Prime Minister and the minister in charge of the policy sector and the visits of foreign heads of state and heads of government to the Republic of Estonia, participate in the organisation of other foreign visits of national importance and in the reception of high-profile visitors, and prepare the plan for state visits together with the Office of the President of the Republic;
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]
 2) accredit diplomats and consular representatives of foreign states and international organisations;
 3) issue diplomatic identity cards to members of staff of diplomatic missions and consular posts of foreign states and representations of international organisations;
[RT I, 03.01.2017, 1 - entry into force 01.02.2017]
 4) resolve issues pertaining to the activities of foreign missions and international organisations and the representations thereof in the Republic of Estonia, and grant permission for the transfer of immovable property ownership and possession of immovables to a foreign mission or the representation of an international organisation.

 (5) In the protection of the interests of the Republic of Estonia and persons, the Ministry of Foreign Affairs shall:
 1) protect the interests and rights of the state and Estonian citizens and, in the cases provided by legislation, of the persons residing in Estonia on the basis of a residence permit and Estonian legal persons (hereinafter persons of the Republic of Estonia) in foreign states and international organisations;
 2) organise the settlement of international disputes concerning the Republic of Estonia in accordance with treaties and the generally recognised principles of international law and the international custom and practice.
 3) organise the representation of the Republic of Estonia at the International Court of Justice, the Permanent Court of Arbitration, the European Court of Human Rights, the European Court of Justice and, where necessary, at other international institutions for settlement of disputes.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (6) In the performance of consular functions, the Ministry of Foreign Affairs shall provide consular services and consular assistance and perform other consular functions, among other issue visas through foreign missions pursuant to the Consular Act.
[RT I 2010, 3, 4 – entry into force 01.10.2010]

 (7) The following is also within the competence of the Ministry of Foreign Affairs:
 1) co-ordination of the relations of other state agencies and local authorities with foreign missions of the Republic of Estonia;
 2) organisation of the sending of diplomatic mail of the Republic of Estonia and appointment of diplomatic couriers.
 3) issue of diplomatic passports;
 4) co-ordination of the application of international sanctions;
 5) intermediation of information about the Republic of Estonia and the domestic developments and foreign policy objectives thereof and the accreditation of journalists who represent foreign media.
 6) resolution of other issues of foreign relations which are not assigned to be resolved by the Riigikogu, the President of the Republic or the Government of the Republic by the Constitution, this Act or other Acts.

 (7¹) [Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (7²) [Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (8) The minister in charge of the policy sector shall direct the Ministry of Foreign Affairs and represent the Republic of Estonia in foreign relations in accordance with this Act and other legislation, the generally recognised principles of international law and the international custom and practice.

 (9) The minister in charge of the policy sector, coordinating with the minister in charge of the policy sector and after having heard the opinion of the Chief Justice of the Supreme Court, the Chancellor of Justice and the State Secretary, shall present candidates for judges of international courts to the Government of the Republic for approval.

 (10) [Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (11) [Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (12) The minister in charge of the policy sector shall establish, by a regulation, the conditions and procedure for the accreditation of journalists representing foreign media.

 (13) The minister in charge of the policy sector shall establish, by a regulation, the conditions and procedure for, and the format for the application for the transfer of immovable property ownership to and possession of immovables by a foreign mission or the representation of an international organisation.

 (13¹) The minister in charge of the policy sector establishes by a regulation the conditions and procedure for carrying out development cooperation and provision of humanitarian aid.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (13²) The minister in charge of the policy sector establishes by a regulation the limits for state institutions for accommodation, catering, travel, translation and other expenses related to receiving foreign visitors.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (14) In order to perform the tasks assigned to the Ministry of Foreign Affairs by this section and to ensure the organisation of work, the minister in charge of the policy sector establishes the following databases and their statutes:
 1) Estonian business diplomacy database;
 2) Estonian development cooperation database;
 3) database of representations of foreign states and international organisations, international organisations and institutions established by international agreements and their personnel;
 4) database of preliminary ruling proceedings of the Court of Justice of the European Union and infringement proceedings initiated against Estonia;
 5) database of treaties;
 6) database of pre-filled visa applications;
 7) database of honorary consuls.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 10.  Competence of state agencies and local authorities

 (1) Other state agencies and local authorities shall conduct foreign relations according to the competence determined by law or other legislation or the powers conferred to them and shall inform the Ministry of Foreign Affairs of their activities in the field of foreign relations on the application of the Ministry of Foreign Affairs.

 (2) [Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (3) [Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 11.  Competence of foreign mission

 (1) A diplomatic mission shall:
 1) represent the Republic of Estonia and protect the interests and rights of the Republic of Estonia in the receiving state or international organisation;
 2) develop the relations of the Republic of Estonia and the receiving state;
 3) conduct negotiations with representatives of institutions of the receiving state, units of international organisations and states represented in the international organisation;
 4) protect the interests and rights of persons of the Republic of Estonia in the receiving state or in issues within the area of activity of an international organisation;
 5) monitor and analyse developments and the situation in the receiving state.

 (2) The activities of a consular post are regulated by the Consular Act.

 (3) [Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]

Subchapter 3 DATABASES 
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 11¹.  Estonia’s business diplomacy database

 (1) The purpose of Estonia’s business diplomacy database is to keep records of the activities of the foreign missions of Estonia in representing and promoting business interests of Estonia in foreign markets and to electronically store the contact details and information of the relevant entrepreneurs in order to transfer knowledge between employees and draw conclusions for more efficient planning of personnel and future investments. For this purpose, general data of the contact person of a company or organization are processed in the database.

 (2) The Ministry of Foreign Affairs is the controller of the database.

 (3) The statutes of the database provide the composition of the data collected in the database and the procedure for entering it into the database, the procedure for obtaining access to the data, the deadlines for data retention and other organizational issues.

 (4) Data on contact persons related to projects is retained for five years as of the end of the project, after which the data are anonymised.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 11².  Estonia’s development cooperation database

 (1) The purpose of Estonia’s development cooperation database is to keep records of the development cooperation and humanitarian aid activities of the Republic of Estonia and their costs, to ensure public access to relevant information and to enable the submission of grant applications and cost reports. For that purpose, the following personal data are processed in the database:
 1) general data of the legal representative of an applicant;
 2) general data of the project manager;
 3) general data and employment data for the database user.

 (2) The Ministry of Foreign Affairs is the controller of the database.

 (3) The statutes of the database provide the controllers of the database and their tasks, the composition of data collected in the database and the procedure for entering it into the database, the procedure for obtaining access to data and issuing the data, the terms for retention of data and other organizational issues.

 (4) Personal data entered into the database is retained for up to ten years as of the end of the project. After the expiry of the retention period, the data are transferred to the public archives or destroyed pursuant to the Archives Act.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 11³.  Database of representations of foreign states and international organizations, international organizations and institutions established by international agreements and their personnel

 (1) The purpose of the database of representations of foreign states and international organizations, international organizations and institutions established by international agreements and their personnel, is to enable the effective performance of tasks of the representations of foreign states and international organisations, international organisations and institutions established by international agreements (hereinafter collectively referred to as representations):
 1) protection of representations and their personnel;
 2) keeping records of the registration of premises used by representations, motor vehicles of representations and their personnel, the targeted use of tax benefits, the operational list of representations and the issuance of diplomatic identity cards.

 (2) For the purposes specified in subsection 1 of this section, the following personal data are processed in the database:
 1) general data of the head of representation upon registration of the representation;
 2) general data of the owner and user upon registration of a motor vehicle.

 (3) The Ministry of Foreign Affairs is the controller of the database.

 (4) The statutes of the database provide the procedure for maintaining the database, the composition of data collected into the database and the procedure for entering them into the database, the procedure for obtaining access to data and issuing the data, the terms for retention of data and other organizational issues.

 (5) Personal data entered into the database are retained for up to 20 years as of the date of entry into the database. After the retention period has expired, the data are transferred to a public archive or destroyed based on the Archives Act.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 11⁴.  Database of preliminary ruling proceedings of the Court of Justice of the European Union and infringement proceedings initiated against Estonia

 (1) The purpose of the database of preliminary ruling proceedings of the Court of Justice of the European Union and infringement proceedings initiated against Estonia is to manage information sent regarding preliminary ruling proceedings of the Court of Justice of the European Union, to monitor the progress of the proceedings and to inform the relevant authorities thereof. The database also manages information regarding infringement proceedings initiated by the European Commission. For this purpose, general data and employment data of the drafter of the position of the ministry in charge and the agency are processed in the database.

 (2) The Ministry of Foreign Affairs is the controller of the database.

 (3) The statutes of the database provide for the composition of data collected in the database and the procedure for entering it into the database, the procedure for obtaining access to data, the terms for retention of the data and other organizational issues.

 (4) The data in the database are stored permanently.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 11⁵.  Database of treaties

 (1) The purpose of the database of treaties is to keep records of negotiated treaties, operations performed under treaties and the status of treaties, and to perform other tasks arising from the law.

 (2) The Ministry of Foreign Affairs is the controller of the database.

 (3) The statutes of the database provide the data providers, the composition of data collected in the database and the procedure for entering it into the database, the procedure for obtaining access to data, the terms for retention of data, and other organizational issues.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 11⁶.  Pre-filled visa application database

 (1) The purpose of the pre-filled visa application database is to facilitate and expedite the processing of visa applications, as the data entered by a visa applicant into the database are processed in the visa register. For this purpose, the following personal data are processed in the database:
 1) general data of a visa applicant, vital statistics’ data, travel document data, employment data, travel data;
 2) for minors, the general information of their parent or legal representative is also included;
 3) general data of the private individual being visited who is residing in Estonia or another Schengen Convention Member State;
 4) general data of a family member of the applicant who is a citizen of the European Union, a Member State of the European Economic Area or the Swiss Confederation and travel document data.

 (2) The Ministry of Foreign Affairs is the controller of the database.

 (3) The statutes of the database provide the data providers, the composition of data collected into the database and the procedure for entering data into the database, the procedure for obtaining access to data and issuing the data, the terms for retaining data and other organizational issues.

 (4) Data in the database are retained for a period of up to six months as of the date of entry of the data into the database. After the retention period has expired, the data is destroyed.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 11⁷.  Database of honorary consuls

 (1) The purpose of the database of honorary consuls is to enable the Ministry of Foreign Affairs to perform the tasks assigned to it by this Act and the Consular Act and to keep records of Estonian honorary consuls and heads of consular posts operating in foreign countries. For this purpose, the following personal data are processed in the database:
 1) general data, employment data and photo of a candidate for an honorary consul;
 2) general data, employment data and photo of an honorary consul;
 3) general data and employment data of a consul general.

 (2) The Ministry of Foreign Affairs is the controller of the database.

 (3) The statutes of the database provide the composition of data collected in the database and the procedure for entering it into the database, the procedure for obtaining access to data and issuing the data, the terms for retaining data and other organizational issues.

 (4) Personal data entered in the database are retained for up to 20 years as of the end of the activities related to the person. After the retention period has expired, the data are transferred to a public archive or destroyed based on the Archives Act.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

Chapter 3 TREATY 

Subchapter 1 CONCLUSION AND ENFORCEMENT OF TREATY 

§ 12.  Initiation of conclusion of treaty

 (1) The Ministry of Foreign Affairs or, with the approval of the Ministry of Foreign Affairs, another ministry or the State Chancellery, initiates the conclusion of a treaty.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (2) [Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 13.  Preparations for conclusion of treaty

 (1) The Ministry of Foreign Affairs or, with the approval of the Ministry of Foreign Affairs, another ministry or the State Chancellery, involving a representative of the Ministry of Foreign Affairs, shall direct the preparations for conclusion of a treaty.

 (2) Ministries and other governmental authorities whose area of government the treaty concerns shall be involved in the preparations of the conclusion of a treaty.

 (3) Where necessary, the Government of the Republic forms a delegation by an order to prepare for the conclusion of a treaty. The Government of the Republic may grant the head of the delegation the right to receive and sign the final documents.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (4) The level at which a treaty is to be concluded and the manner of conclusion shall be agreed upon in the course of preparations for conclusion of the treaty.

§ 14.  Submission of materials of treaty to Ministry of Foreign Affairs
[Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 15.  Competence of Ministry of Foreign Affairs upon review of materials of treaty
[Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 16.  Approval of treaty by Government of the Republic

  A treaty prepared for conclusion shall be approved by the Government of the Republic.

§ 17.  Powers to sign treaty

 (1) A treaty approved by the Government of the Republic shall be signed ex officio on behalf of the Republic of Estonia and without producing full powers by:
 1) the President of the Republic, the Prime Minister or the minister in charge of the policy sector, or
 2) the head of a diplomatic mission who is accredited to the state or the international organisation with which the treaty is concluded.

 (2) A person not specified in subsection 1 of this section shall sign an approved treaty under authorisation of the Government of the Republic on the basis of the full powers signed by the Prime Minister or the minister in charge of the policy sector and registered at the Ministry of Foreign Affairs.

§ 18.  Powers for adoption of text of treaty

 (1) Upon adoption of the text of a treaty at an international meeting, in an international organisation or an agency thereof the Republic of Estonia shall be represented by a person who is authorised to represent the Republic of Estonia at that meeting, in that organisation or the agency thereof.

 (2) A person not specified in subsection 1 of this section shall represent the Republic of Estonia upon adoption of the text of an approved treaty by authorisation of the Government of the Republic on the basis of the full powers signed by the Prime Minister or the minister in charge of the policy sector and registered at the Ministry of Foreign Affairs.

§ 18¹.  Competence of the Ministry of Foreign Affairs upon amending text of treaty

  The Ministry of Foreign Affairs may make amendments to the text of a treaty approved by the Government of the Republic, the text of its translation, or the text of an accepted translation of a treaty that do not change the content or meaning of the treaty, in case it notifies the ministry that led the preparation for the conclusion of the treaty and, where necessary, the other contracting party.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 19.  Conclusion of treaty

  Upon conclusion of a treaty, the Republic of Estonia assumes the obligations prescribed by the treaty. A treaty is concluded by signing, exchanging letters or memoranda, ratifying, approving thereof or acceding to the treaty, or in another manner prescribed in the treaty.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 20.  Ratification of treaty

  A treaty shall be ratified in the Riigikogu if:
 1) state borders are altered by the treaty;
 2) the implementation of the treaty requires the passage, amendment or repeal of Acts of the Republic of Estonia;
 3) the Republic of Estonia joins an international organisation or union according to the treaty;
 4) the Republic of Estonia assumes military obligations by the treaty;
 5) by the treaty, the Republic of Estonia assumes proprietary obligations in relations in public law for the performance of which no funds have been designated in the state budget, or which exceed the limits for proprietary obligations established by the state budget within which the Government of the Republic is authorised to conclude the treaty.
 6) ratification is prescribed in the treaty or
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]
 7) the need for ratification arises from the principle of general legal reservation.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 21.  Enforcement of treaty

 (1) By enforcement of a treaty, the Republic of Estonia expresses willingness to perform the obligations assumed by conclusion of the treaty. A treaty is enforced by signature, an instrument of ratification; an instrument of acceptance and approval; an instrument of accession; an enforcement note; another instrument of agreement or in another manner prescribed in the treaty.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (2) [Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (3) The instrument of agreement of a treaty ratified by the Riigikogu is signed by the President of the Republic in case the treaty prescribes the submission of an instrument of ratification, approval or accession with the depositary or another contracting party.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (4) The instrument of agreement of a treaty not specified in subsection 3 of this section is signed by the Prime Minister or the minister in charge of the policy sector.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (5) The minister in charge of the policy sector or a person authorised by him or her shall write his or her initials on the enforcement note.

 (6) The Ministry of Foreign Affairs shall organise the exchange of instruments of agreement with the other party or deposit the instrument of agreement with the depositary.

§ 22.  Formulation, amendment and withdrawal of reservations and declarations

 (1) Reservations may be made concerning a treaty upon the conclusion of the treaty or later in accordance with the conditions of the treaty.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (2) Declarations may be made concerning a treaty upon the conclusion of the treaty or in the performance of the treaty.

 (3) The agency which concluded a treaty has the right to withdraw and amend the reservations concerning the treaty in accordance with the conditions of the treaty.

 (4) The agency which concluded a treaty has the right to withdraw and amend the declarations concerning the treaty.

 (4¹) The authority concluding a treaty may authorise the Government of the Republic or the minister in charge of the policy sector to make, amend and withdraw a reservation or declaration.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (4²) In case it is necessary to make a reservation or declaration to a concluded treaty or in case it is necessary to renew or amend a reservation or declaration made upon conclusion pursuant to European Union law, the Ministry of Foreign Affairs formalises the declaration on the proposal of the ministry that led the conclusion of the treaty.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (5) In case a party to a treaty has made a reservation or declaration that is contrary to the spirit and purpose of the treaty, the Ministry of Foreign Affairs, having consulted the relevant ministry, where necessary, submit an objection to the reservation or declaration.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

Subchapter 2 PERFORMANCE OF TREATY 

§ 23.  Guaranteeing of performance of treaty

 (1) The performance of a treaty shall be guaranteed by the Government of the Republic or a governmental authority authorised therefor.

 (2) The Government of the Republic may temporarily apply a treaty after approval thereof and prior to the entry into force thereof on the condition that the fundamental rights and freedoms of persons are not restricted thereby and the treaty or a legal act of the Government of the Republic prescribes temporary application of the treaty.

 (3) The suspension of a treaty and the termination of the suspension is decided by the Government of the Republic, unless otherwise provided in the treaty or legislation, and the Ministry of Foreign Affairs notifies the other contracting party or the depositary thereof.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 24.  Conflict of treaty and national legal act

 (1) If the Supreme Court has declared a treaty or a part thereof to be in conflict with the Constitution, the proposal to withdraw from the treaty, denounce it or initiate the procedure for amendment thereof shall be made by:
 1) the Government of the Republic to the Riigikogu if the Riigikogu has ratified the treaty;
 2) the ministry that initiated the conclusion of the treaty or the Government Office to the Government of the Republic, in case the treaty has been concluded by the Government of the Republic.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (2) If a national legal act is contrary to the treaty binding on the Republic of Estonia, the Government of the Republic, the corresponding ministry or the State Chancellery shall initiate the bringing of such legal act into conformity with the treaty.

Subchapter 3 AMENDMENT AND EXPIRY OF TREATY 

§ 25.  Amendment of treaty

 (1) A treaty is amended in accordance with the same procedure as the conclusion of a treaty, unless otherwise provided in the treaty or the legislation concerning its conclusion.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (2) The Government of the Republic may give its consent to amend a treaty ratified by the Riigikogu in case:
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]
 1) the amendment does not require ratification in accordance with § 20 of this Act and
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]
 2) the amendment enters into force internationally within the framework of a tacit procedure or enters into force with respect to Estonia regardless of the position of Estonia.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]
 3) [Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (3) The minister in charge of the policy sector may, in coordination with the Ministry of Foreign Affairs, grant consent by a regulation to amend a treaty ratified by the Riigikogu or approved by the Government of the Republic, in case the amendment is of a technical nature, does not have a significant impact and the following conditions are met:
 1) the amendment does not require ratification in accordance with § 20 of this Act and
 2) the amendment enters into force internationally within the framework of the tacit procedure or enters into force with respect to Estonia regardless of the position of Estonia.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (4) In case an amendment to a treaty enters into force internationally in a tacit procedure and the amendment is fully reflected in a legal act of the European Union, the amendment is not processed under this Act.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 26.  Expiry of treaty

 (1) A treaty shall expire in the manner prescribed therein or provided for by international law.

 (2) [Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (3) [Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 27.  Denunciation and termination of and withdrawal from treaty

 (1) The denunciation of a ratified treaty is decided by the Riigikogu on the proposal by the Government of the Republic.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (2) The termination of or withdrawal from a treaty not specified in subsection 1 of this section shall be decided by the Government of the Republic.

 (3) The other party to the treaty or the depositary shall be notified of the denunciation or termination of or withdrawal from the treaty by the Ministry of Foreign Affairs.

Subchapter 4 KEEPING CUSTODY AND PUBLICATION OF TREATY 

§ 28.  Keeping custody and publication of treaty

 (1) The original copy of a bilateral or tripartite treaty and other official text of the treaty shall be kept by the Ministry of Foreign Affairs.

 (2) A treaty and its amendment are published in Riigi Teataja, unless it is subject to publication in the Official Journal of the European Union. The treaty and its amendment are published together with the legal act concerning the conclusion of the treaty or, in case it has been published in the Official Journal of the European Union, a reference and link to the treaty or its amendment published in Estonian is provided.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (3) [Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]

Chapter 4 INTER-AGENCY TREATY 

§ 29.  Conclusion of inter-agency treaty

  State agencies, local governments and legal entities under public law may, on the basis of a treaty, independently prepare and conclude inter-agency treaties for the implementation of the treaty in accordance with their powers or competence.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 30.  Publication of inter-agency treaty

  An inter-agency treaty is published on the website of the relevant state agency, local government or a legal entity under public law unless otherwise provided by the inter-agency treaty.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 31.  Registration of inter-agency treaty
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (1) The text of an inter-agency treaty and information on its conclusion, amendment, termination or expiry is registered in the database of treaties.
[RT I, 07.05.2025, 1 - entry into force 01.10.2025]

 (2) [Repealed - RT I, 07.05.2025, 1 - entry into force 01.10.2025]

§ 32.  Amendment, suspension and termination of inter-agency treaty

  The relevant state agency or local government decides on the amendment, suspension or termination of an inter-agency treaty in accordance with international law and the inter-agency treaty.
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Chapter 5 IMPLEMENTING PROVISIONS 

§ 33. – § 35. [Omitted from this text.]

§ 36. Entry into force of Act

  This Act enters into force on 1 January 2007.