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Obligation to Leave and Prohibition on Entry Act¹

Passed 21.10.1998
RT I 1998, 98, 1575
Entry into force 01.04.1999

Amended by the following legal instruments (show)

Chapter 1 GENERAL PROVISIONS 

§ 1.  Scope of application of Act

 (1) This Act provides the bases and procedure for the application to aliens of the obligation to leave Estonia and the prohibition on entry into Estonia and the regime for the passage of an alien through Estonia.
[RT I 2006, 50, 377 – entry into force 14.12.2006]

 (1¹) [Repealed – RT I, 26.02.2014, 2 – entry into force 01.10.2014]

 (2) The provisions of the Administrative Procedure Act apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act. The provisions of the Administrative Procedure Act do not apply to proceedings of application of a prohibition on entry.

 (3) The provisions of this act apply taking account of the specifications provided for in an international agreement binding to the Republic of Estonia.
[RT I 2007, 62, 394 – entry into force 01.08.2007 and in part on 30.03.2008]

§ 1¹.  Alien

 (1) For the purposes of this act an alien is a person who is not an Estonian citizen or the citizen of a Member State of the European Union or of a Member State of the European Economic Area or the Swiss Confederation.

 (2) For the purposes of this act a person who is a family member of the citizen of a Member State of the European Union, a member state of the European Economic Area or the Swiss Confederation who has the right to stay or reside in Estonia is not considered an alien.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

§ 1².  Unaccompanied minor alien

 (1) An unaccompanied minor alien is an alien under 18 years of age who arrives or has arrived in Estonia without a parent or a guardian or another responsible adult or who loses a parent, guardian or another responsible adult during the stay in Estonia.

 (2) It is assumed that a parent, guardian or another responsible adult staying in Estonia together with the minor has legal custody. At the request of the Police and Border Guard Board or the Estonian Internal Security Service a parent, guardian or another responsible adult is required to prove the existence of legal custody.

 (3) A minor specified in subsection 1 of this section to whom a guardian has been appointed by the court in Estonia is not deemed to be an unaccompanied minor alien.
[RT I, 18.04.2013, 1 – entry into force 28.04.2013]

§ 1³.  Representation of unaccompanied minor and adult alien with restricted active legal capacity

 (1) An unaccompanied minor may not perform the procedural acts arising from this Act without a legal representative unless otherwise provided for in this Act.

 (2) The provisions of the Family Law Act shall be applied to the representation of an unaccompanied minor and adult alien with restricted active legal capacity, taking account of the specifications provided for in this section.

 (3) An unaccompanied minor may be represented by a natural or legal person specified in subsection 4 of this section, who is reliable and has the knowledge and skills needed for representing an unaccompanied minor.

 (4) The Police and Border Guard Board may enter into a contract with a natural or legal person on the representation of the unaccompanied minor in the proceedings provided for in this Act.
[RT I, 18.04.2013, 1 – entry into force 28.04.2013]

§ 2.  Legal bases for aliens to stay in Estonia

 (1) A legal basis must exist for an alien to stay in Estonia. Aliens are prohibited to stay in Estonia without a legal basis.

 (2) The legal bases for an alien to stay in Estonia (hereinafter bases for stay) are provided for in the Aliens Act.

 (3) The legal bases for the citizens of the Member States of the European Union, citizens of the Member States of the European Economic Area or the Swiss Confederation and their family members of their stay and residence in Estonia (hereinafter bases for stay) are provided for in the Citizen of the European Union Act.
[RT I 2006, 26, 191 – entry into force 01.08.2015

§ 3.  Obligation to leave

 (1) Obligation to leave is the obligation of an alien to leave Estonia that arises directly from law or from administrative legislation passed on the basis of law or a court judgment.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (2) An alien who has no legal basis to stay in Estonia is required to leave immediately pursuant to law.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (3) [Repealed – RT I, 17.06.2020, 1 – entry into force 27.06.2020]

§ 4.  Precept

 (1) A precept is an administrative act that imposes on an alien staying in Estonia without any basis for stay an obligation to leave Estonia or to legalise his or her stay in Estonia in the cases and pursuant to the procedure provided for in this Act.

 (2) An alien is required to comply with a precept within the shortest possible period.

§ 5.  Expulsion

  Expulsion is the enforcement of an obligation to leave in the cases and pursuant to the procedure provided by law.

§ 6.  Prohibition on entry

 (1) Prohibition on entry is a preventive measure, the aim of which is to prevent an undesirable alien from arriving in Estonian and staying in Estonia.

 (2) The Schengen entry ban prohibits an alien from entering and staying in the territory of Estonia and another Member State of the Schengen Convention.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

§ 6¹.  Migration official

  [Repealed – RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 6².  General provisions of the procedure

 (1) The proceedings provided for in this act apply the provisions of §§ 13–15, 18, 19, 21–25, 28, subsection 1 of § 31, §§ 32, 36–40, 42, 270, 271, 281, 282 and 284 of the Aliens Act.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (2) In an emergency specified in subsection 1 of § 15⁴ of this Act and in the case that the location of an alien in Estonia is not known to the Police and Border Guard Board, the administrative authority may not apply other methods of service of the administrative act and publish the personal data of the addressee of the administrative act and the conclusion of the administrative act on the webpage of the administrative authority. By publishing the conclusion of an administrative act on the webpage of the administrative authority, the administrative act is deemed to have been served on the alien and entered into force.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (3) In an emergency specified in subsection 1 of § 15⁴ of this Act and in the case that the location of an alien in Estonia is not known to the Police and Border Guard Board, the administrative authority may not apply other methods of notification of procedural documents and publish the personal data and the content of the procedural document on the webpage of the administrative authority. By publication of a procedural document, including the content of the summons, on the webpage of the administrative authority the procedural document is deemed to have been served on the alien.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (4) The report of an action performed based on this Act, summons, notice or other document is considered delivered if the applicant has examined the document using the information technology tools of the competent administrative body and confirmed the receipt of the document with an electronic note. The document is given to the applicant on paper at the request of the applicant.
[RT I, 06.08.2022, 1 – entry into force 16.08.2022]

§ 6³.  State supervision

  [RT I, 13.03.2014, 4 – entry into force 01.07.2014]

 (1) The Police and Border Guard Board and the Estonian Internal Security Service shall exercise supervision over the compliance with the requirements of this Act and legislation established on the basis thereof.

 (2) The Estonian Internal Security Service shall exercise state supervision pursuant to subsection 1 of this Act upon performance of functions arising from the Security Authorities Act for prevention of crime.

 (3) The Police and Border Guard Board and the Estonian Internal Security Service may apply special measures of state supervision specified in §§ 30, 31, 44, 45, 50 and 51 provided for in the Law Enforcement Act for exercise of state supervision provided for in this Act, on the bases and persuant to the procedure provided for in the Law Enforcement Act.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (4) The special measures of state supervision provided for in §§ 50 and 51 of the Law Enforcement Act may only be applied in the case there is a reason to believe that without applying such measures the compliance with the obligation to leave of an alien is not efficient.

 (5) A measure provided for in § 45 of the Law Enforcement Act may only be applied by a police officer.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 6⁴.  Monitoring expulsion of alien

 (1) The purpose of monitoring the expulsion of an alien is to observe the compliance of the exercise of expulsion of an alien with the procedural requirements and provide opinions and recommendations on the exercise of the expulsion to the Ministry of the Interior.

 (2) For the purposes set out in subsection 1 of this section the Ministry of the Interior, the Police and Border Guard Board or the Estonian Internal Security Service shall conclude an agreement with an agency or a legal person governed by private law.

 (3) An agency or a legal person governed by private law that is exercising the monitoring of expulsion of an alien shall be reliable and have the knowledge and skills required for assessment of the legality of the removal arrangements of an alien.

 (4) The agreement specified in subsection 2 of this section shall grant an agency or a person performing monitoring of expulsion operations the right to process the personal data and other relevant data of an alien for the purpose of assessment and to the extent required.
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]

§ 6⁵.  Involvement of legal persons governed by private law

 (1) The Ministry of the Interior, the Police and Border Guard Board or the Estonian Internal Security Service may involve a legal person governed by private law to assist in the compliance with the obligation to leave from Estonia of an alien.

 (2) In order to involve a legal person governed by private law the Ministry of the Interior or the Police and Border Guard Board shall enter into a civil law contract with the legal person governed by private law, specifying the functions, rights, obligations and responsibility of the legal person.

 (3) The contract referred to in subsection 2 of this section shall grant the legal person governed by private law the right to process the personal information and other relevant information concerning an alien for the purpose and to the extent specified in the contract.
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]

§ 6⁶.  Provision of state legal aid
[RT I, 06.08.2022, 1 – entry into force 16.08.2022]

 (1) An alien has the right to receive legal aid from the state for contestation of the decision related to the precept to leave, the prohibition on entry or expulsion applied in the precept to leave in the case the alien does not have sufficient funds to cover the expenses of legal aid. Legal aid is granted to an alien pursuant to the procedure provided in the State Legal Aid Act.

 (2) In an emergency caused by mass immigration, the court may grant state legal aid to an alien who has illegally crossed the external border to contest the expulsion or precept to leave until the administrative court has made a decision to reject the alien's appeal.

 (3) In an emergency caused by mass immigration, the court may suspend the expulsion or compliance with the precept to leave of an alien who has illegally crossed the external border until the administrative court has made a decision on the rejection of the complaint filed by the alien.

 (4) The court rejects the request for state legal aid if the alien has left Estonia.
[RT I, 06.08.2022, 1 – entry into force 16.08.2022]

§ 6⁷.  Protection of vulnerable persons

  The administrative authority that is conducting the procedural acts in the proceedings provided for in this Act is required to take into account the specific needs of minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence.
[RT I, 18.04.2013, 1 – entry into force 28.04.2013]

§ 6⁸.  Risk of escape of alien

  Upon the issue of a precept to leave or detention of an alien the risk of escape of an alien is assessed. The risk of escape of an alien occurs if:
 1) the alien has not left Estonia or a Member State of the Schengen Convention after the term has expired for voluntary compliance with the obligation to leave imposed by the precept to leave;
 2) the alien has submitted false information or falsified documents upon application for the legal basis for the stay in Estonia or the extension thereof, for the Estonian citizenship, international protection or identity document;
 3) there is a reasoned doubt regarding the identity or citizenship of the alien;
 4) the alien has repeatedly committed intentional criminal offences or has committed a criminal offence for which he or she has been sentenced to imprisonment;
 5) the alien has not complied with the surveillance measures applied with regard to him or her to ensure compliance with the precept to leave;
 6) the alien has notified the Police and Border Guard Board or the Estonian Internal Security Service or the administrative authority concludes from his or her attitudes or conduct that he or she does not wish to comply with the obligation to leave;
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]
 7) the alien has entered into Estonia during the period of validity of the prohibition on entry applied with regard to him or her;
 8) the alien has been detained due to illegally crossing the external border of Estonia and he or she has not been issued the permit or right to stay in Estonia;
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]
 9) an alien has left without permission the residence, assigned to him or her, or another Member State of the Schengen Convention.
[RT I, 06.04.2016, 1 – entry into force 01.05.2016]
 10) the obligation to leave of an alien has been enforced by a court judgment.
[RT I, 19.03.2019, 3 – entry into force 01.07.2019]

§ 6⁹.  Application of preliminary legal protection in emergency caused by mass immigration

 (1) In an emergency caused by mass immigration, the court may suspend the expulsion or compliance with the precept to leave of an alien who has illegally crossed the external border until the administrative court has rejected by a decision the complaint filed by the alien.

 (2) Upon application of preliminary legal protection, the court may decide, in the same order, on the granting of state legal aid to an alien, taking into account subsection 3 of § 6⁶ of this Act.
[RT I, 06.08.2022, 1 – entry into force 16.08.2022]

Chapter 2 PRECEPT  

§ 7.  Precept to leave

 (1) A precept to leave Estonia (hereinafter precept to leave) shall be issued to an alien who is staying in Estonia without a basis for stay.

 (2) By the precept to leave it is established that the alien is staying in Estonia illegally, an obligation to leave Estonia is imposed on the alien, the term for voluntary compliance with the obligation to leave is determined, a warning is made with regard to the alien about application of the enforcement penalty in case of a failure to comply with the precept to leave, a warning is made about the enforcement execution of the obligation to leave and in case of necessity the prohibition on entry is applied with regard to the alien.
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (3) In order to ensure compliance with the obligation to leave surveillance measures may be applied by the precept to leave.
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (4) The amount of the non-compliance levy required shall be indicated in a warning to impose non-compliance levy on the alien included in the precept to leave.
[RT I, 29.11.2010, 2 – entry into force 01.01.2011]

 (5) If a precept to leave is issued to an alien who worked in Estonia without a legal basis, the Police and Border Guard Board shall notify the alien of the obligations of the employer provided for in § 286¹ of the Aliens Act and of the possibilities to resolve labour disputes and receive state legal aid.
[RT I, 23.03.2015, 1– entry into force 01.01.2016]

§ 7¹.  Justification of precept to leave

 (1) The reasons for the precept to leave and prohibition on entry applied therein, including data and evidence gathered in the proceedings, shall not be disclosed, including to the data subject, to an extent contrary to the objectives provided for in subsection 3 of § 33⁶ of this Act.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (2) The Police and Border Guard Board shall ensure, at the request of an alien, the translation of the prohibition on entry into the language which the alien understands or may reasonably be presumed to understand.
[RT I, 03.01.2017, 1 – entry into force 18.01.2017]

 (3) [Repealed – RT I, 03.01.2017, 1 – entry into force 18.01.2017]

 (4) [Repealed – RT I, 03.01.2017, 1 – entry into force 18.01.2017]

 (5) [Repealed – RT I, 03.01.2017, 1 – entry into force 18.01.2017]

 (6) [Repealed – RT I, 03.01.2017, 1 – entry into force 18.01.2017]

 (7) [Repealed – RT I, 03.01.2017, 1 – entry into force 18.01.2017]

§ 7².  Establishment of term for compliance with precept to leave

 (1) The term for voluntary compliance with the obligation to leave is the term assigned by the precept to leave by expiry of which an alien is required to leave Estonia to the admitting country provided in subsection 1 of §17 of this Act.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (1¹) The term for voluntary compliance with the obligation to leave shall be assigned by the precept to leave.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

 (2) The term for voluntary compliance with the obligation to leave may not be assigned and the enforcement of the precept to leave may be carried out immediately if:
 1) there is a risk of escape of an alien
 2) an alien has been refused the issue of the residence permit or the granting of international protection because the application for residence permit or the granting of international protection is unjustified;
 3) in the proceedings of the issue of the residence permit or granting international protection the alien has submitted false information or falsified documents about the circumstances relevant in the proceedings;
 4) an alien constitutes a threat to public order or national security;
 5) a decision to refuse admission into the country provided for in subsection 1 of § 28² of this Act has been made with regard to the alien;
 6) a precept to leave is imposed on an alien who has been detained due to the crossing of the external border of Estonia illegally and who has not obtained a permit or right to stay in Estonia;
 7) an alien has an obligation to leave Estonia after his or her release from prison.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

 (3) Upon the issue of a precept to leave all the relevant circumstances shall be taken account of in every single case and the reasoned interests shall be considered.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

 (4) The term from 7 to 30 days shall be assigned for voluntary compliance with the obligation to leave by the precept to leave.

 (5) The term for voluntary compliance with the obligation to leave stipulated in the precept to leave may be extended by up to 30 days at a time if the compliance with the obligation to leave turns out to be too disproportionately burdensome for an alien within the term stipulated in the precept to leave, taking account of:
 1) the duration of the stay in Estonia of an alien;
 2) impact on a child attending school;
 3) family and social relationships of an alien in Estonia and
 4) other relevant circumstances.

 (6) If a term for voluntary leave has been assigned by the precept to leave, the term for voluntary leave may be shortened and the obligation to leave enforced before the expiry of the term for voluntary leave if:
 1) there is a risk of escape of an alien;
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]
 2) an alien has been refused the issue of a residence permit or granting international protection because the application for residence permit or international protection is unjustified;
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]
 3) an alien has submitted false information or falsified documents about the circumstances relevant in the proceedings concerning the issue of a residence permit or international protection or
 4) an alien poses a danger for public order or national security.

 (7) Challenge of a decision to extend the term for voluntary leave or to refuse to extend or shorten the term for voluntary leave assigned by the precept to leave, or contestation of the prohibition on entry or the amendment of the period of its validity imposed by the precept to leave shall not postpone the term for enforcement of the obligation to leave of an alien and shall not grant to an alien a legal basis for the stay in Estonia.
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]

§ 7³.  Enforcement of precept to leave

 (1) Upon expiry of the term for obligation to leave as assigned in the precept to leave the obligation to leave may be enforced with regard to an alien at any time.

 (2) The obligation to leave regarding an alien shall be subject to enforcement by means of the detention and expulsion of him or her from Estonia.

 (3) Upon expulsion of an alien the administrative authority that is arranging the enforcement shall prepare the minutes of the proceedings of the enforcement act.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

 (4) The list of information to be submitted in the minutes of the proceedings of the enforcement act specified in subsection 3 of this section shall be established by a regulation of the minister in charge of the policy sector.
[RT I, 03.01.2017, 1 – entry into force 18.01.2017]

 (5) The minutes of the enforcement acts shall not be prepared if a term for voluntary leave has not been established pursuant to subsection 2 of § 7² of this Act or the term for voluntary leave established for an alien has been shortened on the basis of subsection 6 of § 7² of this Act.

 (6) [Repealed – RT I, 17.06.2020, 1 – entry into force 27.06.2020]

§ 7⁴.  Assignment of period of validityand scope of application of prohibition on entry applied in precept to leave and non-application of prohibition on entry in precept to leave

  [RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (1) In the precept to leave the prohibition on entry shall be applied with regard to an alien for three years as of the date of compliance with the precept to leave.
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (2) If an alien is refused the granting of a term for voluntary leave, the prohibition on entry shall be applied with regard to an alien for the period of five years by the precept to leave, except in the case the alien has a valid prohibition on entry for a period longer than five years as of the date of the issue of the precept to leave.
[RT I, 03.01.2017, 1 – entry into force 18.01.2017]

 (3) If the term for application of the prohibition on entry is disproportionate taking account of all the relevant circumstances, the prohibition on entry may be applied by the precept to leave for a shorter term.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

 (4) The prohibition on entry may be left unapplied for humanitarian reasons.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

 (4¹) An alien who is not a citizen of the European Union, of a Member State of the European Economic Area or the Swiss Confederation or a member of their family is subject to a Schengen entry ban.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (4²) The Police and Border Guard Board or the Estonian Internal Security Service limits the validity of the prohibition on entry applied to an alien in a precept to leave if the admitting state of the alien is a Member State of the Schengen Convention.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (5) [Repealed – RT I, 03.01.2017, 1 – entry into force 18.01.2017]

 (6) [Repealed – RT I, 03.01.2017, 1 – entry into force 18.01.2017]

 (7) [Repealed – RT I, 26.02.2014, 2 – entry into force 01.10.2014]

 (8) [Repealed – RT I, 26.02.2014, 2 – entry into force 01.10.2014]

§ 7⁵.  Amendment of duration of stay of prohibition on entry

 (1) The provisions of Chapter 5 of this Act shall be applied with regard to the revocation of the prohibition on entry applied by the precept to leave, the amendment or suspension of the period of validity thereof.

 (2) An alien who is applying for the revocation or suspension of the Schengen prohibition on entry due to the circumstances that he or she has left the territory of a Member State of the Schengen Convention within the term for voluntary compliance with the obligation to leave prescribed by the precept to leave, shall submit to the Police and Border Guard Board an application and evidence that he or she has left the territory of a Member State of the Schengen Convention within the term for voluntary compliance with the obligation to leave prescribed in the precept to leave.

 (3) The Police and Border Guard Board shall forward the application and evidence specified in subsection 2 of this section to the Ministry of the Interior for making the decision on the revocation or suspension of the Schengen prohibition on entry.

 (4) If there is a basis for refusal to review the application specified in subsection 2 of this section, the Police and Border Guard Board may dismiss the application.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

§ 7⁶.  Specifications to issue of precept to leave

 (1) [Repealed – RT I, 26.02.2014, 2 – entry into force 01.10.2014]

 (2) A victim or witness in criminal offences concerning trafficking in human beings who has been issued a temporary residence permit pursuant to Council Directive 2004/81/EC, the prohibition on entry is applied only if the alien poses a danger to public order of national security.
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (3) An alien who has a legal basis for residence or temporary stay in a Member State of the Schengen Convention is imposed an obligation to leave to this state.If the alien fails to perform this obligation or the expulsion of the alien is in the interests of public order or national security, the alien is issued a precept to leave Estonia to the admitting country provided in subsection 1 of § 17 of this Act.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

§ 8.  Deadline for enforcement of precept to leave

  [Repealed – RT I, 29.11.2010, 2 – entry into force 24.12.2010]

§ 9.  Precept to legalise

 (1) A precept imposing an obligation to apply for a residence permit pursuant to the established procedure in order to legalise the stay in Estonia (hereinafter precept to legalise) shall be issued to an alien who is staying in Estonia without a basis of stay and who:
 1) [Repealed – RT I 2003, 4, 21 – entry into force 01.03.2003]
 2) is of Estonian origin;
 3) settled in Estonia before 1 July 1990 and has not left Estonia to reside in another country and whose continued stay in Estonia does not damage the interests of the Estonian state.

 (2) A precept to legalise shall include a warning to impose non-compliance levy on the alien upon failure to comply with the precept. The amount of non-compliance levy shall be indicated in the warning. The upper limit of non-compliance levy is 640 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

 (3) A precept to legalise shall also be deemed complied with if the alien leaves Estonia.

 (4) A precept to legalise shall not be issued to an alien specified in subsection 1 of this section whose residence permit or an application for the extension thereof is being processed until a decision is made in respect of his or her residence permit or the application for the extension thereof.

 (5) A precept to legalise need not be issued to an alien who leaves Estonia within seven days as of the expiry of the basis of stay.

 (6) A precept to leave shall be issued to an alien specified in clause 3 of subsection 1 of this section if it is necessary to ensure the protection of public order, national security, public health or moral standards, or to prevent a criminal offence, or if an alien is refused the issue of or extension of a residence permit, or a residence permit is revoked. A precept to leave shall be issued to an alien specified in clause 2 of subsection 1 of this section if it is necessary to protect national security or to prevent an offence.
[RT I 2004, 53, 369 – entry into force 07.08.2004]

§ 10.  Ensuring compliance with precept

 (1) In order to prevent the risk of escape the Police and Border Guard Board may, by a precept or a decision, require an alien to comply with surveillance measures and to make a non-compliance levy.
[RT I, 03.01.2017, 1 – entry into force 18.01.2017]

 (2) Surveillance measures are:
 1) residing in a determined place of residence;
 2) appearing for registration at the Police and Border Guard Board at prescribed intervals;
[RT I 2009, 62, 405 – entry into force 01.01.2010]
 3) appearing at the Police and Border Guard Board to clarify circumstances ensuring compliance with a precept;
[RT I 2009, 62, 405 – entry into force 01.01.2010]
 3¹) appearing for counseling;
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]
 4) notifying the Police and Border Guard Board of the changes of residence of the alien and of his or her prolonged absence from the place of residence;
[RT I 2009, 62, 405 – entry into force 01.01.2010]
 5) notifying the Police and Border Guard Board of the changes in the alien’s marital status.
[RT I 2009, 62, 405 – entry into force 01.01.2010]
 6) depositing of a travel document of a foreign country or an identity document of an alien at the Police and Border Guard Board or the Estonian Internal Security Service.
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (3) The Police and Border Guard Board and the Estonian Internal Security Service have the right to check whether an alien is residing in the determined place of residence.
[RT I 2009, 62, 405 – entry into force 01.01.2010]

 (3¹) In case of the deposit of the travel document of a foreign country and an identity document of a person the institution receiving the document for deposit shall issue a certificate about receipt of documents for deposit.
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (3²) [Repealed – RT I, 03.01.2017, 1 – entry into force 18.01.2017]

 (4) Non-compliance levy shall be imposed after the ninetieth day as of the date of issue of a precept.

 (5) Non-compliance levy shall be imposed pursuant to the procedure provided for in the Substitutional Performance and Non-Compliance Levies Act unless otherwise provided for by this Act. Non-compliance levy may be applied again after the ninetieth day as of the date of the previous enforcement order issued to impose non-compliance levy.

 (6) [Repealed – RT I 2009, 62, 405 – entry into force 01.01.2010]

§ 11.  Procedure for issue of precept

 (1) A precept shall be issued by the Police and Border Guard Board or the Estonian Internal Security Service.
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (2) [Repealed – RT I 2002, 61, 375 – entry into force 01.08.2002]

 (3) [Repealed – RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (3¹) An alien who is refused the issue or extension of a residence permit, the right of residence or a long-stay visa, whose residence permit is revoked, whose right of residence is terminated, whose long-stay visa is annulled or revoked or whose period of stay is terminated prematurely may be respectively issued a precept to leave by the decision on refusal to issue or extend the residence permit, the right of residence or on annulment of a long-stay visa, on revocation of the residence permit, termination of the right of residence, revocation or annulment of a long-stay visa or termination of the period of stay prematurely unless a valid precept to leave has been issued to the alien.
[RT I, 06.05.2020, 1 – entry into force 07.05.2020]

 (3²) [Repealed – RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (4) [Repealed – RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (5) [Repealed – RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (6) [Repealed – RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (7) In the case specified in subsection 3¹ of this section, a precept is deemed delivered to an alien upon communication of the decision on the refusal to issue or extend the residence permit, right of residence or a long-stay visa, on revocation of the residence permit, termination of the right of residence, revocation or annulment of a long-stay visa or termination of the period of stay prematurely.
[RT I, 06.05.2020, 1 – entry into force 07.05.2020]

 (8) [Repealed – RT I, 03.01.2017, 1 – entry into force 18.01.2017]

 (9) Upon making a decision specified in subsection 1 of § 10 of this Act, the provisions of subsections 1–6 of this section apply.

§ 12.  Issue of precept to minors

 (1) Compliance with a precept issued to a minor or an adult alien with limited active legal capacity shall be organized by a parent, guardian or other responsible adult person who is staying together with him or her in Estonia.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (2) A parent, guardian or another adult responsible person who is staying in Estonia together with a minor alien or adult alien with restricted active legal capacity is assumed to have legal custody. At the request of the Police and Border Guard Board or the Estonian Internal Security Service a parent, guardian or another responsible adult person is required to certify the existence of legal custody.

 (3) The precept to leave shall be issued to an unaccompanied minor alien if upon the issue of the precept to leave the representation of the unaccompanied minor alien is ensured and his or her interests are taken into account.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

 (4) The term for voluntary compliance with the obligation to leave of an unaccompanied minor alien shall not be assigned taking account of the provisions of subsection 5 of this section.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

 (5) The obligation to leave of an unaccompanied minor alien shall be complied with taking account of the interests of the unaccompanied minor alien and if the guardian is convinced that the unaccompanied minor alien shall be sent back to his or her family member or appointed guardian or to the reception centre of the receiving state.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

 (6) The guardian shall organize the compliance with the precept with respect to an unaccompanied minor and an adult alien with restricted active legal capacity.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

 (7) The Police and Border Guard Board shall provide the guardian with professional assistance for the compliance with the obligation to leave of an unaccompanied minor alien pursuant to the procedure provided for in the Administrative Co-operation Act.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

 (8) The Police and Border Guard Board or the Estonian Internal Security Service shall organise the searching of a family member of the unaccompanied minor alien, of a guardian or a reception centre appointed in the receiving state.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

 (9) An unaccompanied minor alien shall be provided substitute care service by the Social Insurance Board during his or her stay in Estonia, which includes at least the services provided for in subsection 1 of § 32 of the Act on Granting International Protection to Aliens.
[RT I, 28.11.2017, 2 – entry into force 01.01.2018]

§ 12¹.  Assessment of a minor’s age

 (1) If a reasonable doubt arises at the Police and Border Guard Board or the Estonian Internal Security Service about the correctness of the data submitted about the age of an alien, medical examination may be carried out to determine the age of the alien with the consent of the alien or his or her legal representative.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (2) If the alien refuses medical examination to determine the age, the Police and Border Guard Board or the Estonian Internal Security Service shall deem the alien to be an adult, except in the case if the person is manifestly minor.

 (3) The Police and Border Guard Board or the Estonian Internal Security Service shall notify the alien and his or her legal representative in Estonia about the medical examinations indicated in subsection 1 of this section, the manner of performing them and the consequences if the alien refuses medical examination.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (4) The Police and Border Guard Board or the Estonian Internal Security Service shall decide on treating an alien as minor.

 (5) The decision on determining the age can only be contested together with an administrative act or performed proceeding during which the decision on determining the age was made.
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]

§ 13.  Validity and contestation of precept

 (1) A precept shall be valid as of the date of communication of the precept until the obligation imposed on an alien by the precept is performed or until basis for stay in Estonia is obtained.

 (2) If it is proven that an alien has been granted a legal basis for stay in Estonia, the precept shall cease to be in force.
[RT I, 03.01.2017, 1 – entry into force 18.01.2017]

 (3) An appeal against issue of a precept, a decision to issue a precept to ensure compliance with a precept or decision to amend the prohibition on entry or the term of its validity applied by the precept may be filed by an alien with an administrative court pursuant to the procedure provided for in the Code of Administrative Court Procedure within ten days as of the date of notification of the precept or decision.The specified precept or the decisions contained therein may not be contested by way of a challenge procedure, unless the decision specified in subsection 3¹ of § 11 of this Act is contested on the basis of the Aliens Act.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (4) The decision specified in subsection 3¹ of § 11 of this Act cannot be contested by way of challenge proceedings if the precept and entry ban applied by the precept have been issued in an emergency or state of emergency.
[RT I, 06.05.2020, 1 – entry into force 07.05.2020]

§ 13¹.  [Omitted – RT I 2001, 58, 352]

§ 13².  Accommodation of alien

  If an alien who is staying in Estonia without a basis for the stay in Estonia has no sufficient finances, the Police and Border Guard Board or the Estonian Internal Security Service may organise accommodation of the alien if this is necessary for humanitarian considerations or for the protection of a vulnerable person and if the alien cannot use accommodation elsewhere.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

§ 13³.  International cooperation

 (1) In order to perform the tasks provided for in this Act, the Police and Border Guard Board may request assistance from the European Border and Coast Guard Agency on the bases and pursuant to the procedure provided for in Regulation (EU) 2016/1624 of the European Parliament and of the Council on European Border and Coast Guard and amending Regulation (EU) ) 2016/399 and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267 / EC (OJ L 251, 16.09.2016, pp. 1–76 ).

 (2) An official seconded by the European Border and Coast Guard Agency shall not have the right to issue a precept to leave, change the term of the obligation to leave specified in the precept to leave, oblige an alien to comply with supervision measures, suspend expulsion or not apply expulsion.

 (3) An official seconded by the European Border and Coast Guard Agency may apply state supervision measures and direct coercion on the bases and pursuant to the procedure provided for in this Act, unless otherwise provided by a treaty or legislation of the European Union.

 (4) On the basis of a treaty or legislation of the European Union, the Police and Border Guard Board may involve an alien who is staying in the country without a legal basis in the procedure for ordering to leave in the territory of another state. The Police and Border Guard Board shall have competence and powers in the territory of another state in accordance with a treaty or legislation of the European Union.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

Chapter 3 IDENTIFICATION OF OBLIGATION TO LEAVE AND ENFORCEMENT OF EXPULSION FROM AND PASSAGE VIA ESTONIA  
[RT I, 08.06.2022, 3 - entry into force 18.06.2022]

§ 14.  Bases for expulsion

 (1) An alien shall be expelled from Estonia upon expiry of the term for enforcement execution of a precept to leave.

 (2) An alien, with regard to whom a decision has been made by a Member State of the Schengen Convention on imposing an obligation on the alien to leave to a third country and this decision is valid and the term for voluntary leaving from the country has expired, is expelled from Estonia without issuing a precept to leave.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (2¹) An alien who has been sentenced to expulsion from Estonia as an additional penalty or whose obligation to leave has been enforced by a court judgment shall be expelled from Estonia without the issue of the precept to leave.
[RT I, 19.03.2019, 3 – entry into force 01.07.2019]

 (2²) A precept to leave may not be issued with regard to an alien specified in subsection 2 of this section if the term for the voluntary departure the alien has not expired and there are no grounds for compulsory execution of the precept to leave provided for in subsection 2 of § 7² of this Act.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (3) [Repealed – RT I, 29.11.2010, 2 – entry into force 24.12.2010].

 (3¹) [Repealed – RT I, 29.11.2010, 2 – entry into force 24.12.2010].

 (3²) [Repealed – RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (3³) [Repealed – RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (4) Expulsion shall not be applied if:
 1) a precept is annulled or declared invalid or it has expired;
 2) expulsion is no longer possible;
 3) expulsion is prohibited pursuant to this Act.
 4) [Repealed – RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (5) Expulsion shall be suspended:
 1) if a court suspends enforcement execution of a precept to leave;
 2) [Repealed – RT I, 29.11.2010, 2 – entry into force 24.12.2010]
 3) on the proposal of the Prosecutor’s Office for the reflection period indicated in § 205 of the Aliens Act. The Prosecutor’s Office or an investigative body on the order of the Prosecutor’s Office shall notify a person of the opportunities and conditions for suspension of the expulsion of the person.
[RT I, 18.04.2013, 2 – entry into force 28.04.2013]
 4) upon the decision of the Police and Border Guard Board if the temporary stay in Estonia of an alien is justified due to humanitarian considerations or ‘force majeure’.
[RT I, 18.04.2013, 2 – entry into force 28.04.2013]

§ 14¹.  Receipt of documents for deposit

 (1) The travel document and identity document of an alien who is staying in Estonia without a basis for stay may be received for deposit by the Police and Border Guard Board or the Estonian Internal Security Service in order to ensure carrying out the proceedings for ordering to leave Estonian or performance of the obligation to leave of the alien.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (2) The provisions of the Identity Documents Act apply to receipt of documents for deposit.
[RT I 2004, 53, 369 – entry into force 07.08.2004]

§ 15.  Detention of alien for identification of obligation to leave

  [RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (1) In order to verify the legal bases for the arrival and stay of an alien in Estonia, the Police and Border Guard Board or the Estonian Internal Security Service may detain an alien for up to 48 hours without the permission of an administrative court and identify the necessity for detention of the alioen on the basis provided in subsection 1 of § 23 of this Act.

 (2) Detention must comply with the principle of proportionality and upon detention must take into account the relevant circumstances related to the alien in each individual case.

 (3) The Police and Border Guard Board or the Estonian Internal Security Service release an alien immediately when the basis for detention has ceased to exist.

 (4) An administrative judge may extend the term provided in subsection 1 of this section by up to three days and grant permission to detain an alien during the specified term if due to objective impediment it is not possible to carry out necessary procedural acts with regard to the alien on the basis of which the court could assess the justification for the detention of the alien on the basis provided in subsection 1 of § 23 of this Act.

 (5) If an alien submits during the detention an application for international protection, the Police and Border Guard Board or the Estonian Internal Security Service detain the alien and apply to an administrative court, within 48 hours as of the submission of the application for international protection, for permission to detain the alien for up to two monthsif the grounds for detention of an applicant for international protection provided in subsection 2 of § 36¹ of the Act on Granting International Protection to Aliens and the principles specified in subsection 1 of the same section exist.

 (6) The detention of an alien is recorded.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

§ 15¹.  Detention of person

  [Repealed – RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 15².  Assessment of Police and Border Guard Board of possibility of departure of alien

 (1) At the request of the Prosecutor’s office or prison the Police and Border Guard Board shall give an assessment concerning the possibility to return to the receiving state of an alien who wishes to leave the Republic of Estonia.

 (2) Upon giving an assessment the following circumstances shall be taken, inter alia, account of:
 1) upon departure from the Republic of Estonia an alien holds a valid travel document which allows him or her to return to the receiving state;
 2) an alien has submitted an application to the Police and Border Guard Board for revocation of the residence permit issued in Estonia;
 3) an alien has granted written consent for commitment to the obligation to leave from the Republic of Estonia together with the entry ban for five up to ten years.
[RT I, 19.03.2019, 3 – entry into force 01.07.2019]

§ 15³.  Review of application for detention

 (1) An administrative court shall decide on the detention of an alien pursuant to the provisions for the issue of a permit for an administrative act of the Code of Administrative Court Procedure.

 (2) If an exceptionally large number of applications for detention of an alien have been submitted to a court and the court is unable, due to an objective obstacle, to review the application for detention on the basis of and pursuant to the procedure provided in Chapter 27 of the Code of Administrative Court Procedure or the review is significantly complicated, the court may make the ruling on the detention of the alien without the descriptive and reasoning part.

 (3) If an alien wishes to contest the detention which the court formalized by a ruling without a descriptive or reasoning part, the court shall submit the descriptive and reasoning part to the alien at the first opportunity.
[RT I, 06.05.2020, 1 – entry into force 07.05.2020]

§ 15⁴.  Detention of aliens in emergency situations

 (1) In an emergency caused by mass immigration, the specifications provided for in this section may be applied to the procedures for organizing the departure of an alien from Estonia.

 (2) In order to verify the legal bases for the arrival and stay of an alien in Estonia, the Police and Border Guard Board or the Estonian Internal Security Service may detain an alien for up to 48 hours without the permission of an administrative court.

 (3) The Police and Border Guard Board or the Estonian Internal Security Service apply to an administrative court for permission to detain an alien for up to seven days if in an emergency caused by mass immigration it is not possible due to an objective obstacle to perform the necessary procedural acts with regard to the alien so that the court could assess the justification of detaining the alien on the basis provided in subsection 1 of §23 of this Act.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (3¹) Upon detention of an alien in an emergency, at least the name or names of each alien, legal and factual basis and justification for the detention, the date, time and place, as well as the name of the administrative body and official who made the report are recorded in the detention report.
[RT I, 06.08.2022, 1 – entry into force 16.08.2022]

 (4) In the case specified in subsection 3 of this section, the Police and Border Guard Board or the Estonian Internal Security Service shall submit an application for detention of an alien to an administrative court no later than within 24 hours as of the detention of the alien. The application shall describe at least the essential circumstances of the mass immigration, list the aliens and the related procedural acts that have been prevented, and indicate the time required for carrying out the procedural acts.

 (5) Upon extension of the term of detention of an alien in an emergency, the provisions of subsection 1¹ of § 23 and § 25 of this Act concerning the extension of the term of detention shall apply.

 (6) A detained alien shall be guarateed the provision of at least the following services:
 1) accommodation;
 2) where necessary, performance of health examinations and provision of emergency medical care;
 3) catering;
 4) information of his or her rights and obligations;
 5) where necessary, the provision of language assistance in procedural acts performed on the basis of this Act;
 6) where necessary, the supply of essential clothing and other consumables and personal hygiene items;
 7) at the request of the alien communication and enabling visits, applying the provisions of § 26¹⁰ of this Act to the extent that is possible in an emergency;
 8) the provision of state legal aid pursuant to the provisions of § 6⁶ of this Act.

 (7) In an emergency, an alien may be detained outside a detention centre. An alien shall be placed outside a detention centre on the basis of a decision of an administrative court or a detention report.

 (8) If an alien is placed in a prison or detention centre, he or she shall be separated from prisoners serving a prison sentence, persons in custody who are serving custody pending trial and persons who are serving detention. The provisions of the Imprisonment Act concerning detention in a prison or a house of detention shall apply to the detention of an alien placed in a prison or a house of detention, taking into account the specifications provided for in this section.

 (9) Family members detained in an emergency shall be placed together at the first opportunity, unless the separate detention of a family member is necessary for theprotection of otherpersons, public health, public order or national security. Family privacy is guaranteed as far as possible.

 (10) The authority coordinating the resolution of an emergency shall designate the start and end dates of the application of emergency measures and shall immediately inform the European Commission thereof.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

§ 16.  Contestation of expulsion

 (1) Expulsion may be contested pursuant to the procedure provided for in the Code of Administrative Court Procedure. The contestation of expulsion shall not postpone expulsion for the time of judicial proceedings.

 (2) After expiry of the term for contestation of a precept for the enforcement execution of which expulsion is applied, expulsion cannot be contested based on the unlawfulness of the precept.

§ 17.  Admitting country

 (1) An alien who is staying in Estonia without a basis for stay is required to leave or the alien is expelled:
 1) to the country of the citizenship of the alien;
 2) to a country of transit in accordance with the European Union or a bilateral re-admission agreement or other arrangement or
 3) to a third country provided that the alien wishes to leave to that country and is admitted there.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (2) [Repealed – RT I 2003, 13, 65 – entry into force 01.05.2003]

 (3) A person to be expelled who has a legal basis for the residence or temporary stay in a Member State of the Schengen Convention shall be expelled to this state.
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (4) If the intra-corporate transfer residence permit issued by other Member State of the European Union is revoked or it expires within the term of the intra-corporate transfer, an alien may be expelled to the Member State of the European Union that issued the residence permit of an intra-corporate transferee.
[RT I, 03.01.2017, 2 – entry into force 17.01.2017]

§ 17¹.  Prohibition on expulsion

 (1) An alien may not be expelled to a state to which expulsion may result in consequences specified in Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms or Article 3 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, or the application of death penalty.

 (2) The expulsion of an alien shall comply with Articles 32 and 33 of the United Nations Convention relating to the Status of Refugees (together with the Protocol relating to the Status of Refugees of 31 January 1967)
[RT I 2003, 13, 65 – entry into force 01.05.2003]

§ 18.  Term for expulsion

 (1) Expulsion is completed immediately after an alien is detained.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (2) [Repealed – RT I 2004, 53, 369 – entry into force 07.08.2004]

 (3) A person to be expelled who is a suspect, accused or convicted person in a criminal matter is expelled immediately after completion of the proceedings or the entry into force of the court judgment. In the case of an appeal against a court judgment, a person to be expelled is expelled immediately after the return of the appeal or the entry into force of a judgment of a higher court. Until the completion of the proceedings or the making of a judgment, the preventive measures provided in the Code of Criminal Procedure are applied with regard to a person to be expelled or the person to be expelled is placed in a detention centre on the basis of the judgment of an administrative court judge.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (4) If a person to be expelled is being punished by detention or imprisonment, or if an alien who is detained or imprisoned is to be expelled, expulsion is completed immediately after the detention or imprisonment has been served.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (5) If the sentence of a person to be expelled may be enforced on the basis of subsection 2 of § 245², subsection 6 of § 416 or subsection 4 of § 424¹ of the Code of Criminal Procedure, his or her expulsion shall be suspended until the court makes a decision on enforcement of the imposed sentence in full or on the part of punishment not served in full.
[RT I, 19.03.2019, 3 – entry into force 01.07.2019]

§ 19.  Conditions for detention of aliens

  [RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (1) On the basis of subsection 1 of §15 of this Act, an alien may be detained in a police office, a house of detention, a prison with the consent of the prison or a detention centre. Upon detaining an alien:
 1) male and female prisoners are kept separately;
 2) the alien is separated from a prisoner serving a prison sentence, a detained person serving a pre-trial detention and a detained person;
 3) family members are accommodated together.

 (2) Family members and vulnerable persons are not placed in prison.

 (3) The provisions of the Imprisonment Act concerning detention in a house of detention shall apply to the detention of an alien placed in a a house of detention. An alien placed in a house of detention is required to comply with and follow the internal rules of the house of detention.

 (4) Upon detention of an alien in a police office, a house of detention or a prison the alien is guaranteed at least:
 1) medical examinations and emergency medical care;
 2) catering;
 3) information of their rights and obligations;
 4) where necessary, the supply with essential clothing and other necessities and personal hygiene items.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

§ 19¹.  Security check and examination upon detention of an alien

  [RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (1) Upon detention of an alien a security check of the alien is performed, their movables are examined and, in case of reasonable doubt, the aliens themselves are also examined pursuant to the procedure provided in the Law Enforcement Act. Thereby the Police and Border Guard Board have the right to apply direct coercion.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (2) Documents, money, valuables and prohibited articles found in the course of a security check or examination shall be taken for deposit for the time of detention.

 (3) Prohibited articles are objects and substances which are prohibited in civil circulation or which may endanger an alien himself or herself or other persons, or the possession of which is not permitted by the internal rules of a police office, a police detention house or a detention centre.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (4) A movable deposited shall be sold or destroyed on the bases and pursuant to the procedure provided for in the Law Enforcement Act.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

§ 19².  Application of direct coercion

  [RT I, 13.03.2014, 4 – entry into force 01.07.2014]
The Police and Border Guard Board and the Estonian Internal Security Service may, upon the performance of the functions provided for in this Act, use direct coercion, special equipment and weapons on the bases and pursuant to the procedure provided for in the Law Enforcement Act.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

§ 20.  Expulsion activities at border checkpoint

 (1) A notation with regard to crossing the border shall be entered in the travel document of a person to be expelled at a border checkpoint, and the alien shall be sent to a foreign state or handed over to a representative of the admitting country.

 (2) A border representative of the Republic of Estonia, a border representative of the admitting country, an official of the Ministry of Foreign Affairs and a representative of the admitting country may be present when expulsion activities are performed at a border checkpoint.

 (3) A person to be expelled who is suspected or convicted of a criminal offence shall be handed over at a border checkpoint at the request of a foreign state and pursuant to the procedure provided for in an international agreement.

 (4) The procedure for the transportion of a person be expelled to a border checkpoint and the competence of the government agencies executing the expulsion to perform the acts provided in this Act is established by a regulation of the minister in charge of the policy sector.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (5) Upon organization of expulsion, the Estonian Internal Security Service forwards to the Police and Border Guard Board data concerning the alien to whom the expulsion is applied.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (6) The list of data specified in subsection 5 of this section and the procedure for forwarding the data is established by a regulation of the minister in charge of the policy sektor.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

§ 20¹.  European Union travel document of uniform format

  [Repealed – RT I, 21.04.2018, 1 – entry into force 01.05.2018]

§ 20².  Organization of return to receiving state of alien who has undertaken to leave Republic of Estonia

 (1) The Police and Border Guard Board shall organize the return to the receiving state of an alien who is in Estonia in custody or imprisonment or whose freedom is restricted on other lawful grounds and who has undertaken to leave the Republic of Estonia.

 (2) The obligation to leave the Republic of Estonia shall be fulfilled by detention and expulsion of the alien.

 (3) The Police and Border Guard Board shall immediately notify the Prosecutor's Office if an alien fails to comply with the obligation to leave the Republic of Estonia, has been suspected of committing a new criminal offense before the performance of the obligation to leave, or he or she returns before the expiry of the entry ban.

 (4) An alien does not comply with the obligation to leave the Republic of Estonia, in particular if he or she has not left for the receiving state by the deadline specified in the court judgment, if he or she does not have a valid travel document upon performance of the obligation to leave the Republic of Estonia, he or she otherwise prevents the performance of the obligation to leave or if the receiving state refuses to accept the return of the alien.
[RT I, 19.03.2019, 3 – entry into force 01.07.2019]

§ 21.  Expulsion of unaccompanied minor

 (1) An unaccompanied minor may be expelled if the custody of a minor is arranged and the protection of the rights and interests of the minor are ensured in the admitting country.

 (2) Expulsion of an unaccompanied minor is arranged in coordination with the competent state agencies of the admitting country and in case of necessity with the competent state agencies in the transit country.
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]

§ 22.  Readmission of person to be expelled

 (1) If the admitting country refuses to admit a person to be expelled or if other circumstances impeding the completion of expulsion become evident during the transportation to a border checkpoint of the person to be expelled or at the border checkpoint, the person to be expelled shall be detained by way of administrative procedure until the completion of his or her expulsion or until he or she is placed in a detention centre, but the person to be expelled shall not be detained for longer than forty-eight hours.
[RT I 2003, 4, 21 – entry into force 01.03.2003]

 (2) If the administrative court has authorised the detention of an alien, the Police and Border Guard Board or the Estonian Internal Security Service may continue the detention of the alien for the purpose of his or her expulsion until the end of the term for detention assigned in the authorisation.
[RT I, 03.01.2017, 1 – entry into force 18.01.2017]

§ 22¹.  [Repealed – RT I 2003, 4, 21 – entry into force 01.03.2003]

§ 22².  Expulsion by air

  Direct flights are used for expulsion by air. If it is unreasonable to use a direct flight, the transit through the airport open for international flights of a Member State of the European Union may be applied for expulsion by air (hereinafter transit).
[RT I, 03.01.2017, 1 – entry into force 18.01.2017]

§ 22³.  Request for and approval of transit

 (1) The administrative agency conducting the expulsion shall submit a written request for escorted or unescorted transit by air to the competent agency of the country of location of the airport (hereinafter request).

 (2) The request shall be submitted no later than 48 hours before commencement of the transit. In justified cases the request may be submitted no later than 24 hours before commencement of the transit.

 (3) Transit by air shall not be commenced without the permission. Where no reply is provided by the requested member state within 48 hours as of submission of the request, the transit operation may be commenced, notifying the requested member state.

 (4) A governmental authority that organises expulsion shall take all the necessary assistance measures to ensure that the transit operation takes place in the shortest possible time. The transit operation shall take place at a maximum within 24 hours.

 (5) The application form shall be established by the regulation of the minister in charge of the policy sector.
[RT I 2006, 50, 377 – entry into force 14.12.2006]

§ 22⁴.  Application for and grant of permission for transit via Estonia

 (1) At the request of the competent authority of the Member State of the European Union the permission may be granted for transit by air through Estonia of the person to be expelled (hereinafter transit via Estonia).

 (2) For the purpose of transit via Estonia the competent authority of a Member State of the European Union (hereinafter the requesting state) shall submit a standard format application to an agency within the area of government of the Ministry of the Interior, authorised by the minister in charge of the policy sector (hereinafter competent authority).

 (3) The competent authority shall decide on the grant of permission for transit via Estonia within 48 hours as of receipt of the request. In justified cases the time limit may be extended by up to 48 hours. The requesting authority shall be immediately notified of the extension of the time limit.

 (4) Before granting the permission for transit via Estonia the competent authority is required to coordinate the grant of permission with the authorities within the area of government of the Ministry of the Interior, authorised by the minister in charge of the policy sector. The permission for transit via Estonia shall not be granted if at least one of the assigned authorities does not approve of the permission.

 (5) The competent authority shall immediately notify the requesting authority about the grant of permission for transit via Estonia.

 (6) The minister in charge of the policy sector shall establish by a regulation the competent authority for granting the permission for transit via Estonia, the procedure for approval of the permission and the authorities under the government of the Ministry of the Interior who shall give approval for transit via Estonia.
[RT I 2006, 50, 377 – entry into force 14.12.2006]

§ 22⁵.  Refusal to grant permission for transit via Estonia

 (1) The transit via Estonia by air authorisation may be refused if:
 1) the person to be expelled is charged with criminal offences pursuant to the legislation of Estonia or is wanted for the carrying out of a sentence,
 2) the transit through the transit country or admission by the country of destination is not feasible,
 3) if the transit requires a change of airport on the territory of Estonia,
 4) the requested assistance is not feasible for practical reasons at the particular moment during the receipt of the request or,
 5) the person to be expelled poses a danger to public order, national security, international relations or other people’s life or health.

 (2) In the case provided for in clause 4 of subsection 1 of this section the competent authority shall notify the requesting authority immediately of the date when the permission may be granted for transit via Estonia if there is no other basis for refusal to grant permission provided for in subsection 1 of this section.

 (3) The competent authority may revoke the permission granted for transit via Estonia if a basis becomes evident for refusal to grant permission provided for in subsection 1 of this section.

 (4) The competent authority shall notify the requesting authority immediately about the refusal to grant permission for transit via Estonia or repeal of the permission granted and the reason for the refusal to grant permission or repeal the granted permission.
[RT I 2006, 50, 377 – entry into force 14.12.2006]

§ 22⁶.  Transit via Estonia

 (1) The transit operation via Estonia shall take place at a maximum within 24 hours.

 (2) In cases where, despite the assistance measures applied pursuant to subsection 3 of this section, the transit operations cannot be completed, the competent authority may, upon request by and in consultation with the requesting authority, take all the necessary assistance measures to continue the transit operation. In such cases, the time limit for transit may be extended by 48 hours.

 (3) During transit via Estonia the competent authority shall apply if necessary the following assistance measures:
 1) reception of the person to be expelled at the aircraft and escorting him or her within the confines of the transit airport, in particular to his or her connecting flight,
 2) providing emergency medical care to the person to be expelled and to his or her escort;
 3) providing sustenance for the person to be expelled and for his or her escort;
 4) reception, keeping and forwarding to the captain of the plane the travel documents of the person to be expelled in the case of unescorted transit;
 5) in cases of unescorted transit informing the requesting authority of the place and time of departure of the person to be expelled from the territory of Estonia and
 6) informing the requesting authority if any serious incidents took place during the transit of the person to be expelled that endangered the transit.
 4) The costs of the assistance measures provided according to clauses 2 and 3 of subsection 3 of this section shall be borne by the requesting authority.
The costs provided in clauses 1 and 4–6 of subsection 3 of this section shall also be borne by the requesting authority to the extent that they are actual and quantifiable.

 (5) The list of the costs of the assistance measures of the transit via Estonia, the rates of the costs to be borne by the requesting authority and the procedure for recovery of the costs shall be established by the minister in charge of the policy sector.

 (6) In order to ensure the transit operation via Estonia:
 1) the person to be expelled may be placed to the office room of the competent authority and
 2) physical force and self-defence equipment may be used against the person to be expelled to prevent or end any attempt by the person to be expelled to resist during the transit.
[RT I 2006, 50, 377 – entry into force 14.12.2006]

§ 22⁷.  Return of person to be expelled from Estonia to country requesting transit

 (1) The person to be expelled shall be returned to the country requesting transit via Estonia and the requesting country shall undertake to readmit the person to be expelled forthwith if:
 1) the transit by air authorisation was refused or revoked pursuant to the basis provided for in subsection 1 of § 22⁵ of this Act,
 2) the person to be expelled entered the territory of Estonia without permission during the transit;
 3) expulsion of the person to be expelled to another transit country or to the country of destination or boarding of the connecting flight was unsuccessful or,
 4) transit by air is not possible for another reason.

 (2) The costs of the return of the person to be expelled shall be borne by the requesting authority.
 3) The list of costs of the return of the person to be expelled, the rates of the costs to be borne and the procedure for recovery of the expenses shall be established by the regulation of the minister in charge of the policy sector.
[RT I 2006, 50, 377 – entry into force 14.12.2006]

§ 22⁸.  Escort during expulsion by air and transit via Estonia

 (1) Expulsion by air and transit via Estonia of a person to be expelled may be carried out escorted or unescorted.

 (2) For the purposes of this Act an escort is a representative of the requesting country responsible for:
 1) expulsion of the person to be expelled;
 2) keeping and delivery of the travel document of the person to be expelled to the country of destination and
 3) transfer of the person to be expelled to the representative of the competent authority of the country of destination.

 (3) During the transit the escort shall present at the request of the transit country an identity document and the authorisation of the transit or a notification provided for in subsection 3 of § 22³ of this Act.

 (4) It is forbidden for an escort to carry a weapon and wear a uniform.

 (5) During the transit the escort has the right to use against the person to be expelled physical force and self-defence or special equipment corresponding to the threat pursuant to the legislation of the transit country if the person to be expelled fails to obey the lawful orders of the escort or offers resistance, or if there is good reason to believe that the person may escape or cause damage to other persons or to himself or herself or property.
[RT I 2006, 50, 377 – entry into force 14.12.2006]

Chapter 4 DETENTION IN DETENTION CENTRE  

§ 23.  Placement in detention centre

 (1) The Police and Border Guard Board or the Estonian Internal Security Service apply to an administrative court for permission to detain an alien who is staying in Estonia without a basis for stay in Estonia and place the alien in a detention centre for up to two months if the application of surveillance measures provided in this Act does not ensure the carrying out of the procedure for ordering the alien to leave Estonia or the efficiency of the compliance with the obligation to leave.This is primarily permitted in the case where:
 1) there is a risk of escape of the alien;
 2) the alien does not comply with the obligation to co-operate or
 3) the alien does not have documents necessary for the return or the obtaining thereof from the admitting state or transit state is delayed..
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (1¹) An administrative court issues a permit for the detention of an alien for up to two months on the basis provided in subsection 1 of this section if the surveillance measures provided in this Act cannot be applied effectively. Detention must comply with the principle of proportionality and the relevant circumstances related to the alien must be taken into account upon detention in each individual case.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (2) [Repealed – RT I 2001, 58, 352 – entry into force 12.07.2001]

 (3) [Repealed – RT I 2001, 58, 352 – entry into force 12.07.2001]

 (4) The person to be expelled may be placed by the Police and Border Guard Board in a police detention house or another custodial institution if detention of the person to be expelled in a detention centre is not possible due to an unforeseen increase in the number of persons detained or it is necessary for security or health protection considerations.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (5) In the case provided in subsection 4 of this section, the provision to an alien of at least the following services is ensured:
 1) performance of health examinations and availability of necessary health care services to the extent provided in subsection 7 of § 26⁹ of this Act;
 2) catering;
 3) information of their rights and obligations;
 4) where necessary, the provision of language assistance in procedural acts performed on the basis of this Act;
 5) where necessary, the supply of essential clothing and other consumables and personal hygiene items;
 6) at the request of an alien enabling communication and visitation with a person specified in § 26¹⁰ of this Act, unless there are grounds for prohibiting visitation provided in the specified Act.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (6) If an alien is placed in a prison or detention centre with the consent of the prison, they are separated from prisoners serving a prison sentence, persons in custody who are serving custody pending trial and persons who are serving detention. The provisions of the Imprisonment Act concerning detention in a prison or a house of detention apply to the detention of an alien placed in a prison or a house of detention, taking into account the specifications provided in this section.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (7) In the case provided in subsection 4 of this section, family members are accommodated together. The provisions of subsections 7 and 8 of § 26⁵ of this Act apply to an alien who is a minor.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (8) If an alien who has not been issued a precept to leave has been placed in a detention centre in order to ensure the procedure for ordering the alien to leave Estonia, the provisions of this Act concerning detention of an alien in a detention centre apply to their detention.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022].

§ 24.  Release of person to be expelled

  [RT I, 26.02.2014, 2 – entry into force 01.10.2014]

 (1) If enforcement of the expulsion of an alien who is staying in the detention centre becomes possible, the alien shall be released from the detention centre and shall be expelled at the request of the governmental authority enforcing the expulsion pursuant to the procedure provided for in this Act.
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (1¹) The person to be expelled shall be released immediately by the head of the detention centre if the basis for detention has ceased to exist, the term for detention has expired or the expulsion is pointless.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

 (1²) [Repealed – RT I, 26.02.2014, 2 – entry into force 01.10.2014]

 (2) If a person to be expelled is taken into custody as a suspect or an accused in a criminal matter, he or she shall be released from the detention centre on the basis of the ruling to take him or her into custody.

 (3) If a precept is annulled or declared invalid or a decision is made to grant an alien the basis for stay, the alien shall be released from the detention centre on the basis of the decision to annul the precept or to declare it invalid or to grant the basis for stay.

 (4) The Police and Border Guard Board shall immediately notify the alien and the detention centre of the annulment of a precept or the declaration of a precept invalid or the grant of basis for stay in Estonia.
[RT I 2009, 62, 405 – entry into force 01.01.2010]

 (5) The release from the detention centre shall not grant an alien a legal basis for the stay in Estonia.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

§ 25.  Extension of term of detention in detention centre

 (1) In order to execute the obligation to leave of an alien the administrative court extends the term of detention of a person to be expelled in the detention centre at the request of the Police and Border Guard Board by four months at a time but for no longer than for six months as of the day of placing the person to be expelled into the detention centre if the basis provided in subsection 1 of § 23 of this Act and principles specified in subsection 1¹ of the same section of this Act exist.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (2) If the person to be expelled continuously fails to comply with the obligation to co-operate or the obtaining of the documents, which are necessary for the return, from the receiving state or transit state is delayed, the administrative court extends the term of detention in the detention centre of the person to be expelled at the request of the Police and Border Guard Board by four months at a time after the expiry of the term provided in subsection 1 of this section but for no longer than 18 months as of the day of placing the person to be expelled to the detention centre.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (3) The period of time for the proceeding of the application for the grant of international protection submitted by him or her shall not be included in the term of detention of the person to be expelled provided for in subsections 1 and 2 of this section.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

§ 26.  Making of judgment

 (1) Judgments concerning the detention of persons to be expelled and extension of the term of detention shall be made by an administrative court pursuant to the provisions of the Code of Administrative Court Procedure on giving permission for administrative proceedings.
[RT I, 23.02.2011, 3 – entry into force 01.01.2012]

 (2) [Repealed – RT I, 23.02.2011, 3 – entry into force 01.01.2012]

Chapter 4¹ DETENTION CENTRE  
[RT I 2003, 4, 21 - entry into force 01.03.2003]

§ 26¹.  Detention centre

 (1) Detention centres are structural units of the Police and Border Guard Board the function which is to enforce the judgments on the detention of persons to be expelled.
[RT I 2009, 62, 405 – entry into force 01.01.2010]

 (2) The detention centre is a guarded enclosed territory which is marked by clearly visible signs and which enables constant supervision of persons to be expelled.

 (3) Supervision of persons to be expelled shall be organised such that detention of the persons to be expelled, compliance with the internal rules of the detention centre and security in the detention centre are ensured.

 (4) The officials of the Police and Border Guard Board shall exercise supervision over persons to be expelled by visual and electronic surveillance.
[RT I 2009, 62, 405 – entry into force 01.01.2010]

 (5) Persons to be expelled are prohibited to leave the detention centre without supervision and without the permission of the head of the detention centre or an official appointed by him or her.
[RT I, 23.03.2015, 1 – entry into force 02.04.2015]

§ 26².  Reception into detention centre

 (1) A person to be expelled shall be received in the detention centre on the basis of a report on the detention or a copy of the judgment of an administrative court and an identity document or, in the absence thereof, on the basis of an identification document.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (2) Upon reception into the detention centre, an agency which detained the alien shall transfer the information and documents concerning the person to be expelled which are in the possession of the agency to the detention centre.

 (3) Upon arrival in the detention centre, the security check shall be performed of a person to be expelled, his or her movables shall be examined and, in case of reasonable doubt, the persoon to be expelled himself or herself shall also be examined pursuant to the procedure provided in the Law Enforcement Act. Thereby the Police and Border Guard Board shall have the right to apply direct coercion.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (3¹) A person to be expelled is required to undergo medical examination upon arrival in the detention centre.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (4) A person to be expelled who has been placed in the detention centre shall be photographed and fingerprinted pursuant to the procedure provided in § 33¹¹ of this Act, if this has not been done before.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (5) Upon receipt of a person to be expelled in the detention centre, cash, documents and personal effects, which a person to be expelled has with him or her and the holding of which is not permitted in the detention centre, shall be deposited with the detention centre or destroyed pursuant to the procedure provided in the internal rules of the detention centre.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (6) Upon receipt of a person to be expelled in the detention centre, a personal file of the person to be expelled shall be opened which are entered the documents and information which are the basis for placement of the person to be expelled in the detention centre, documents and information transferred to the detention centre by the agency which detained the alien, signaletic photographs, a fingerprint card and other documents and information provided for in the internal rules of the detention centre.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (7) When the person to be expelled has arrived in the detention centre, his or her rights and obligations shall be explained to him or her in the language which he or she can understand and the possibility is ensured to apply for state aid and get language assistance.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (8) A person to be expelled shall be given written information concerning legislation regulating the enforcement of his or her expulsion, the internal rules of the detention centre and the submission of complaints.

§ 26³.  Temporary absence from detention centre

  A person to be expelled may stay outside the detention centre under supervision with the permission of the head of the detention centre or an official appointed by him or her if this is unavoidably necessary.
[RT I, 23.03.2015, 1 – entry into force 02.04.2015]

§ 26⁴.  Obligation of persons to be expelled to co-operate

 (1) A person to be expelled is required to co-operate in the organisation of expulsion, among other:
 1) to provide governmental authorities enforcing expulsion with oral and written information and explanations;
 2) to submit all information and documents and other evidence in his or her possession which are relevant to the proceedings relating to expulsion;
 3) to co-operate in the obtainment of the documents necessary for expulsion;
 4) to co-operate in the collection of information needed for identification of his or her person, and for verification purposes.

 (2) The obligation to co-operate specified in subsection 1 of this section also extends to the representative of the person to be expelled in the proceedings relating to expulsion.

§ 26⁵.  Accommodation of persons to be expelled

 (1) The detention centre has a residential building with rooms for the accommodation of persons to be expelled.

 (2) Male and female persons to be expelled shall be accommodated in separate rooms.

 (3) Family members shall be accommodated together.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

 (4) A minor shall be accommodated separately from adult persons to be expelled except if this is evidently in conflict with the interests of the minor.

 (5) According to an order of the head of the detention centre for reasons of security and in order to ensure compliance with the internal rules of the detention centre, a person to be expelled may be accommodated separately from the persons to be expelled specified in subsections 2–4 of this section.

 (6) Rooms for the accommodation of persons to be expelled shall be in conformity with the requirements of construction technology, health and hygiene. The rooms of persons to be expelled shall have windows to ensure suitable lighting of the rooms.

 (7) A minor person to be expelled shall be organised age-appropriate activities for spending leisure time and the means necessary therefor shall be provided.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

 (8) A person to be expelled who is subject to the obligation to attend school shall be ensured access to education in accordance with the Basic Schools and Upper Secondary Schools Act.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

§ 26⁶.  Conditions for detention in detention centre

 (1) Persons to be expelled are permitted to move about in the residential building of the detention centre in the rooms prescribed by the internal rules from the time of rising until the time of retiring. Persons to be expelled may enter other rooms and move about within the territory of the detention centre in the cases and at the time prescribed by the internal rules of the detention centre. From the time of retiring until the time of waking, persons to be expelled are required to stay in the rooms prescribed for them, which, if necessary, are locked.

 (2) Persons to be expelled shall wear personal clothing. If a person to be expelled lacks suitable clothing, the detention centre shall provide the person to be expelled with clothing without charge. Persons to be expelled are required to wear a name tag attached to their clothing.

 (3) A person to be expelled is required to clean, keep in order and regularly change his or her clothing.

 (4) Persons to be expelled are provided with an opportunity to satisfy their religious needs if this is not in conflict with the provisions of the internal rules.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

§ 26⁷.  Provision of food for persons to be expelled

 (1) The provision of food for persons to be expelled shall be organised in conformity with the general dietary habits of the population of Estonia with a view to meet the food requirement necessary for survival.

 (2) Food shall be provided on a regular basis and it shall be such as to meet the requirements of food hygiene.

 (3) The provision of food for minors shall be organised taking into consideration the needs resulting from their age.

 (4) As far as possible, persons to be expelled are permitted to observe the dietary habits of their religion at their expense.

 (5) The person who ensures the provision of medical care in the detention centre shall supervise the preparation of the menu of the detention centre and the provision of food at the detention centre.

§ 26⁸.  Health of persons to be expelled

 (1) Persons to be expelled must take care of their personal hygiene. At least once a week and upon reception into the detention centre, persons to be expelled shall be provided with an opportunity to use a sauna, bath or shower. Once a month, hairdressing and barber's services shall be provided for persons to be expelled.

 (2) Coercion may be imposed with regard to a person to be expelled to ensure compliance with hygiene requirements if the person to be expelled fails to take care of his or her personal hygiene to a necessary extent and this has brought about actual danger to his or her health or to the health of other persons.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (3) Toiletries shall be provided for a person to be expelled by the detention centre if the person to be expelled does not have these or funds to acquire these.

§ 26⁹.  Provision of medical care to persons to be expelled

 (1) A person to be expelled shall be ensured access to medical examination and necessary health services.
[RT I, 03.07.2013, 2 – entry into force 01.10.2013]

 (2) The detention centre shall have permanent treatment facilities for the supervision of the state of health of persons to be expelled.

 (3) Health services in detention centres are provided by persons with family physician's qualifications pursuant to the provisions regulating the provision of specialised outpatient care.

 (4) Persons specified in subsection 3 of this section are required to supervise, on a constant basis, the state of health of persons to be expelled and refer a person to be expelled to treatment if the state of health of the person to be expelled does not allow their detention in the detention centre or expulsion of him or her from Estonia.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (5) [Repealed – RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (6) The medical expenses of emergency services and treatment of a person to be expelled provided by the persons specified in subsection 3 of this section shall be paid from the state budget.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (7) The extent and procedure of funding from the state budget of the medical examination of a person to be expelled and necessary health services provided to him or her shall be established by a regulation of the minister in charge of the policy sector.
[RT I, 03.07.2013, 2 – entry into force 01.10.2013]

§ 26¹⁰.  Visiting of persons to be expelled

 (1) Visits by the following are allowed for persons to be expelled:
 1) consular officers of the country of nationality;
 2) legal counsels;
 3) minister of religion;
[RT I, 23.03.2015, 1 – entry into force 02.04.2015]
 4) representatives of competent state authorities, international or non-governmental organisations.
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (2) With the permission of the head of the detention centre, a person to be expelled may be allowed to receive short-term supervised visits of personal, legal or commercial interest from persons not specified in subsection 1 of this section in matters which the person to be expelled cannot conduct through third persons, unless the visits impede enforcement of the expulsion. Persons to be expelled are permitted to receive visits only from persons with regard to whose reputation and motives the head of the detention centre has no reasoned doubts.

 (3) The Police and Border Guard Board shall have the right to perform the security check of a person who is permitted to visit a person to be expelled, and examine the movables of the visitor. It is prohibited to review the content of the written material brought along by the legal defence counsel. Items the holding of which is prohibited in the detention centre shall be temporarily deposited for the duration of the visit.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

 (4) The duration of visits shall not exceed three hours. The procedure, time and room for visits are provided for in the internal rules of the detention centre or in the directive of the Director General of the Police and Border Guard Board issued on the basis thereof.
[RT I, 23.03.2015, 1 – entry into force 02.04.2015]

 (5) Persons to be expelled shall be visited in the presence of the Police and Border Guard Board. Visits from the legal defence counsel or a minister of religion are allowed within sight but not within hearing distance.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

 (6) The officials of the detention centre have the right to process the identity data of the person who is requesting visit in order to check the trustworthiness of the person requesting a visit to the person to be expelled.
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (7) Visiting a person to be expelled is not allowed if:
 1) the activities of the person requesting a visit have been directed or are directed against the Republic of Estonia or its security;
 2) the person requesting a visit is connected with an organisation or movement that ignores public order with its activities;
 3) the person requesting a visit has been punished for an intentionally committed criminal or another offence and the data concerning the penalty have not been expunged from the criminal records database;
 4) the person requesting a visit has provided incorrect information or a falsified document upon request for a visit;
 5) there is good reason to doubt the trustworthiness of the person requesting a visit;
 6) a visit to a person to be expelled may have an impact on the efficiency of expulsion or
 7) there are other good reasons.
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (8) In case of circumstance specified in subsection 7 of this section the visiting may be allowed as an exception if the person to be expelled has a reason concerning private life or other compelling reason for the visit.
[RT I, 03.07.2013, 2 – entry into force 01.10.2013]

§ 26¹¹.  Correspondence and use of means of communication by persons to be expelled

 (1) Persons to be expelled shall be allowed to correspond and she or he shall also have the opportunity to use telephone and other public communication channels for their own money pursuant to the procedure provided for in the internal rules of the detention centre.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (2) Letters sent to a person to be expelled shall be opened by the Police and Border Guard Board in the presence of the person to be expelled and any items the holding of which in the detention centre is prohibited by the internal rules of the detention centre shall be confiscated.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

 (3) The content of the correspondence of a person to be expelled and of messages forwarded by telephone and other public communication channels may be examined only with the permission of a court on the bases of and in the procedure provided in the Code of Criminal Procedure.
[RT I, 29.06.2012, 2 – entry into force 01.01.2013]

 (4) The head of the detention centre or an official appointed by him or her may restrict the correspondence and use of telephone and other means of communication of persons to be expelled if this may violate the internal rules of the detention centre or impede enforcement of the expulsion.
[RT I, 23.03.2015, 1 – entry into force 02.04.2015]

 (5) The correspondence of persons to be expelled with state agencies, legal defence counsels, ministers of religion and consular officers of the country of nationality shall not be restricted.

 (6) A person to be expelled who does not have money shall be allowed to contact family members, state agencies, legal defence counsels, ministers of religion and consular officers of their state of citizenship at the expense of the detention centre.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

§ 26¹².  Acquisition of items

 (1) Persons to be expelled may, by the mediation of the detention centre, buy foodstuffs, toiletries and other items the holding of which is permitted in the detention centre, in an amount and pursuant to the procedure provided for in the internal rules of the detention centre.

 (2) A person to be expelled is permitted to receive packages. The Police and Border Guard Board shall examine the content of the package in the presence of the recipient of the package before it is handed over.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

 (2¹) It is prohibited to receive food and medicinal products in a package.

 (3) The Police and Border Guard Board is required to seize items contained in a package the holding of which is prohibited in the detention centre and not hand over such items to the person to be expelled.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

 (4) Seized items, except those that cannot be deposited, shall be deposited pursuant to the procedure provided for in the internal rules of the detention centre until release of the person to be expelled from the detention centre.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (5) Seized items that cannot be deposited shall be destroyed pursuant to the procedure prescribed by the internal rules.

 (6) Seized items may be returned to the sender of the package at the expense of the person to be expelled or the sender of the package.
[RT I 2004, 53, 369 – entry into force 07.08.2004]

§ 26¹³.  Duties of persons to be expelled

 (1) Persons to be expelled are required to comply with the internal rules of the detention centre.

 (2) Upon violation of the internal rules, which endangers other persons to be expelled or other persons or otherwise endangers the security of the detention centre, the security measures provided for in § 26 ¹⁵ of this Act may be applied.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

 (3) Persons to be expelled are required:
 1) to follow the lawful orders given by the Police and Border Guard Board;
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
 2) not to prevent the Police and Border Guard Board from performing their duties;
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
 3) to allow the performance of acts provided for in this Chapter;
 4) not to disturb other persons in the detention centre;
 5) to promptly inform the Police and Border Guard Board of all circumstances which may endanger the security of the detention centre or violate internal rules thereof, or endanger the life or health of the person to be expelled or other persons;
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
 6) handle the things entrusted to the person to be expelled rationally and keep in order and clean the dwelling and non-work rooms which the person to be expelled uses.

 (4) [Repealed – RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (4¹) If the person to be expelled has no sufficient finances the costs related to expulsion may be recovered from the state that has made the expulsion decision pursuant to the Council Directive 2004/ 191/ EC, setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third-country nationals (OJ L 60, 27.02.2004, pp.55–57).
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

§ 26¹⁴.  Examination

  [RT I, 13.03.2014, 4 – entry into force 01.07.2014]

 (1) In order to detect items that are not permitted, a migration official is, in the case of doubt, required to search a person to be expelled, his or her personal effects, the dwelling and non-work rooms, other rooms and the territory of the detention centre. An official of the same sex as the person to be expelled shall conduct the search of the person to be expelled.
[RT I 2009, 62, 405 – entry into force 01.01.2010]

 (2) Prohibited items that are found in the course of a search shall be deposited or destroyed pursuant to the procedure provided for in the internal rules of the detention centre.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (3) Documents and cash found in the course of examination shall be deposited and returned to the person to be expelled when he or she is released from the detention centre.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

 (4) A person to be expelled and his or her belongings shall be examined pursuant to the procedure provided for in the Law Enforcement Act.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (5) The Police and Border Guard Board shall have the right to apply direct coercion upon inspection of the living spaces and utility rooms, other premises and territory of a detention centre.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

§ 26¹⁵.  Security measures

 (1) Security measures are imposed with regard to a person to be expelled who violates the obligations provided for in this Act or the internal rules of the detention centre, fails to take care of his or her personal hygiene to a necessary extent and this has brought about actual danger to the health of the person to be expelled or to the health of other persons, wilfully damages his or her health or the property of the detention centre or is likely to attempt suicide or escape, and to a person to be expelled who acts in a violent manner towards other persons and with regard to a person to be expelled who has failed to undergo health check during the admission to the detention centre in order to survey his or her health condition.
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (2) The following security measures are permitted:
 1) restriction of the freedom of movement and communication of a person to be expelled;
 2) prohibition to use personal effects;
 3) commission of a person to be expelled in an isolated locked room;
 4) [Repealed – RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (2¹) Security measures provided for in clause 3 of subsection 2 of this section may be applied with regard to a person to be expelled in the case of a real and immediate threat.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (3) Application of security measures shall be terminated if the need ceases to exist.

 (4) Upon imposition of security measures, a person to be expelled shall be allowed, at his or her request, to be in the open air for at least one hour daily.

 (4¹) Security measures may also be applied upon convoying a person to be expelled outside the detention centre.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

 (5) The head of the detention centre shall decide on application of security measures. In case of urgency, a higher official currently present shall decide on the application of security measures and inform the head of the detention centre thereof at the earliest opportunity.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

 (5¹) Direct coercion may be used when applying security measures.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (6) For the prevention of emergencies, mass disorders and external attacks and for the apprehension of escaped persons to be expelled, a defence plan which is confirmed by the Director General of the Police and Border Guard Board in coordination with the Ministry of the Interior shall be developed in the detention centre.
[RT I 2009, 62, 405 – entry into force 01.01.2010]

§ 26¹⁶.  Use of means of restraint

  [Repealed – RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 26¹⁷.  Special equipment and service weapons

  [RT I, 13.03.2014, 4 – entry into force 01.07.2014]

 (1) The Police and Border Guard Board may use special equipment and service weapons in the detention centre, upon escorting a person to be expelled, for prevention of the escape of the person to be expelled or for apprehension of an escaped person to be expelled or for prevention of the intrusion of unauthorised persons into the detention centre on the bases and pursuant to the procedures provided in the Law Enforcement Act.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (2) The provisions of §§ 78¹ and 78² of the Law Enforcement Act shall apply to special equipment and service weapons of a detention centre.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (3) [Repealed – RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (4) [Repealed – RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (5) [Repealed – RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (6) [Repealed – RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (7) [Repealed – RT I, 17.06.2020, 1 – entry into force 27.06.2020]

§ 26¹⁸.  Acts upon release from detention centre

 (1) In the cases provided for in § 24 of this Act, a person to be expelled shall be released from the detention centre on the basis of an order of the head of the detention centre.

 (2) Upon release from the detention centre, the items and documents deposited in the detention centre shall be returned to the person to be expelled.

 (3) In the case of expulsion, documents and items that may endanger the security of the person to be expelled or officials enforcing expulsion shall be returned to the person to be expelled at a border checkpoint.

 (4) The items and documents of a person to be expelled who is taken into custody shall be handed over to an official who took the person to be expelled into custody.

 (5) In exceptional cases, the head of the detention centre has the right to decide to pay a single benefit not exceeding the applicable subsistence limit established on the basis of the minimum consumption expenditure may be paid to a person to be expelled upon his or her release form the detention centre if the person lacks financial means. After the person to be expelled is released from the detention centre, the amount of such benefit may be collected, pursuant to the provisions of the Aliens Act, from the person to be expelled or the person who invited him or her to Estonia.
[RT I 2004, 53, 369 – entry into force 07.08.2004]

§ 26¹⁹.  Management and liability of detention centre

 (1) The work of the detention centre is directed by the head of the detention centre.
[RT I 2004, 53, 369 – entry into force 07.08.2004]

 (2) The head of the detention centre shall be liable for compliance with the obligations and the internal rules provided for in this Chapter and for ensuring security in the detention centre. [RT I 2004, 53, 369 – entry into force 07.08.2004]

 (3) An official of the Police and Border Guard Board shall not disclose any facts which become known to him or her in connection with the performance of his or her duties to persons outside the service, including facts pertaining to the personal relationships of persons detained. The duty to maintain professional secrecy has an unspecified term.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

 (4) An official of the Police and Border Guard Board is required to immediately inform the head of the detention centre or, in his or her absence, a higher official currently present, of violation of the internal rules and of other facts which may affect enforcement of the expulsion or security in the detention centre.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

 (5) The head of the detention centre has the right to officially certify the authenticity of a signature of a person to be expelled.
[RT I 2004, 53, 369 – entry into force 07.08.2004]

§ 26²⁰.  Performance of functions of detention centre

 (1) The Police and Border Guard Board may transfer the performance of functions of the detention centre and of officials of the detention centre on the basis of an administrative contract. The functions of the head of the detention centre or an official appointed by him or her may not be transferred.
[RT I, 23.03.2015, 1 – entry into force 02.04.2015]

 (2) A person who has assumed the obligation to perform the functions of the detention centre on the basis of an administrative contract is required to ensure detention of the persons to be expelled, compliance with the internal rules and security in the detention centre in compliance with the requirements.

 (3) Adult Estonian citizens with active legal capacity whose level of Estonian language proficiency is at least at level B2 (intermediate) or an equal level may be used upon performance of functions specified in subsection 2 of this section, which are transferred on the basis of an administrative contract. Persons who are serving a sentence for a criminal offence or data concerning those whose penalty has not been expunged from the criminal records database shall not be used.
[RT I 2009, 4, 26 – entry into force 26.01.2009]

 (4) Functions transferred on the basis of an administrative contract shall bring about the rights, obligations and liability provided for in this Act.

 (5) Upon performance of functions transferred on the basis of an administrative contract, a person who has assumed the obligations and the employees thereof shall be held liable by way of civil, criminal or administrative procedure on the same basis as an official of the Police and Border guard Board.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

 (6) The employees of a person who has assumed the obligation to perform the functions transferred on the basis of an administrative contract are required to follow the lawful commands given by the head of the detention centre.
[RT I 2009, 62, 405 – entry into force 01.01.2010]

 (7) The Director General of the Police and Border Guard Board or a person authorised by him shall exercise supervision over performance of the functions transferred on the basis of an administrative contract.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 26²¹.  Internal procedure rules of detention centre

 (1) The internal procedure rules of the detention centre shall be established by a regulation of the minister in charge of the policy sector.

 (2) The internal procedure rules of the detention centre shall at least provide for the following:
 1) the procedure for moving about in the territory and buildings of the detention centre;
 2) the procedure for the exercise of supervision in the detention centre;
 3) the procedure for the supervision of a person to be expelled temporarily staying outside the detention centre;
 4) the list of substances and items prohibited for the person to be expelled, as well as the total weight of the items held on the person to be expelled and deposited;
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]
 5) the procedure for admission for deposit of personal effects, cash and identity documents;
 6) the procedure for the examination of the personal file of a person to be expelled by the person to be expelled;
 7) the procedure for the preservation of personal files of a person to be expelled;
 8) the procedure for the submission of complaints.

 (3) It is prohibited to hold substances and items in the detention centre that may:
 1) endanger the life or health of a person himself or herself or other persons;
 2) endanger the security of the detention centre;
 3) substantially impede the detention centre to comply with hygiene requirements.
 4) may disturb other persons
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

§ 26²².  Uniform of official

  [Repealed – RT I, 17.06.2020, 1 – entry into force 27.06.2020]

§ 26²³.  Medical examination and vaccination of official and employee

  [RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (1) Medical examinations and, where needed, vaccination against infectious diseases shall be provided free of charge to an official or employee of the Police and Border Guard Board who performs the duties arising from this Act.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (2) The conditions and procedure for medical examinations and vaccination shall be established by a regulation of the minister in charge of the policy sector.
[RT I 2004, 53, 369 – entry into force 01.01.2005]

Chapter 4² IMPOSITION OF DICIPLINARY SANCTIONS ON PERSON TO BE EXPELLED  
[RT I, 23.03.2015, 1 - entry into force 02.04.2015]

§ 26²⁴.  Disciplinary penalties

 (1) A disciplinary penalty may be applied with regard to a person to be expelled for wrongful violation of this Act or requirements of internal rules of the detention centre.

 (2) Disciplinary sanctions applied to a person to be expelled are:
 1) reprimand;
 2) prohibition on visits;
 3) prohibition on shopping for up to one month;
 4) extension of the period of validity of the prohibition on entry applied with the precept to leave but not for longer than five years as of the date of making the precept to leave.;
 5) commission in an isolated locked room for up to 48 hours.

 (3) The disciplinary penalty provided for in clause 5 of subsection 2 of this section shall be applied in the case of the repeated and serious disciplinary violations.

 (4) In the case of a serious disciplinary violation the head of detention centre shall have the right to commission a person to be expelled into an isolated locked room before the termination of the disciplinary proceedings.
[RT I, 23.03.2015, 1 – entry into force 02.04.2015]

§ 26²⁵.  Disciplinary proceedings

 (1) Disciplinary proceedings are conducted by the head of the detention centre or an official appointed by him or her on the basis of the directive of the Police and Border Guard Board.

 (2) A person to be expelled shall be immediately notified of the disciplinary violation of which he or she is accused. A person to be expelled shall have the right to give explanations.

 (3) The course of the disciplinary proceedings is recorded. The data presented in the record shall be provided for in the internal rules of the detention centre.
[RT I, 03.01.2017, 1 – entry into force 18.01.2017]

§ 26²⁶.  Imposition of disciplinary penalties

 (1) Disciplinary penalties are imposed by the Director General of the Police and Border Guard Board or an official appointed by him or her on the proposal of the head of the detention centre or an official who conducted disciplinary proceedings. The imposition of a disciplinary penalty is formalised as a directive and it shall be justified.

 (2) The directive concerning the imposition of a disciplinary penalty shall be issued to a person to be expelled against signature.

 (3) Only one disciplinary penalty may be applied for one and the same disciplinary violation. Collective penalties are prohibited.

 (4) A disciplinary penalty may be imposed within six months as of the day of the commission of violation, but within one month as of the day of becoming aware of the violation. A disciplinary penalty is imposed before the release of the person to be expelled from the detention centre.
[RT I, 23.03.2015, 1 – entry into force 02.04.2015]

§ 26²⁷.  Enforcement of disciplinary penalty

 (1) A disciplinary penalty shall be enforced immediately.

 (2) A person to be expelled who is placed into an isolated locked room for enforcement of disciplinary penalty shall be kept alone in the room.

 (3) Upon placement into an isolated locked room the security check of the person to be expelled is performed and his or her personal effects are examined. The personal effects found in the room of the person to be expelled shall be taken for deposit and they shall be returned to him or her after the release from the isolated locked room.

 (4) Calling of the person to be expelled who is placed into an isolated locked room to an investigative body, prosecutor or court shall not release him or her from further service of the disciplinary penalty.

 (5) The locked room shall be in compliance with the conditions provided for in subsection 6 of § 265 of this Act and ensure constant visual or electronic surveillance of a person to be expelled.

 (6) A person to be expelled who is placed in a locked room shall have no right to move in the territory of the detention centre pursuant to the procedure provided for in subsection 1 of § 26⁶ of this Act. A person to be expelled shall be enabled being in the open air for at least one hour daily at his or her request.

 (7) Application of subsection 8 of § 26⁵ of this Act, shopping and watching radio and television broadcasts may be partially or wholly restricted with regard to a person to be expelled who has been placed in a locked room.
[RT I, 23.03.2015, 1 – entry into force 02.04.2015]

§ 26²⁸.  Expiry of disciplinary penalty

  A disciplinary penalty expires within one year as of the imposition of the disciplinary penalty.
[RT I, 23.03.2015, 1 – entry into force 02.04.2015

Chapter 5 PROHIBITION ON ENTRY  

§ 27.  Specification of application of prohibition on entry

  The provisions of Chapter 5 of this Act apply to the extent that does not conflict with the provisions of Chapter 2. The provisions of Chapter 5 do not apply to the procedure of establishment of the prohibition on entry applied in the precept to leave and the establishment of the period of validity of the prohibition on entry.
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]

§ 27¹.  Period of validity of prohibition on entry

 (1) A prohibition on entry shall be temporary or permanent. A temporary prohibition on entry may have a period of validity of up to ten years.

 (2) The period of validity of a prohibition on entry is a period of time calculated in years or months, within which the legal consequences provided for in § 28 of this Act apply to an alien.

 (3) The period of validity of a prohibition on entry shall commence on the date on which the order to apply the prohibition on entry is made, unless a later date is prescribed in the order for the start of the period of validity of the prohibition on entry.

 (4) The period of validity of a prohibition on entry shall end upon the expiry thereof or upon revocation of the prohibition on entry.
[RT I 2002, 61, 375 – entry into force 01.08.2002]

§ 27².  Application of Schengen entry ban

  An alien who is not a citizen of the European Union, a Member State of the European Economic Area or the Swiss Confederation or their family member is subject to the Schengen ban on entry unless the alien holds a valid long-stay visa or residence permit of a Member State of the Schengen Convention..
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

§ 28.  Legal consequences of prohibition on entry

 (1) An alien with regard to whom a prohibition on entry applies shall not be granted permission to enter Estonia at a border checkpoint.

 (2) An alien with regard to whom a prohibition on entry applies shall not be granted a basis for stay and his or her basis for stay shall not be extended within the period of validity of the prohibition on entry.

 (3) An alien on whom a prohibition on entry is imposed is not permitted to stay in Estonia and the stay of such alien in Estonia is illegal regardless of the existence of a basis for stay.

 (3¹) [Repealed – RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (3²) An alien with regard to whom a prohibition on entry applies shall be detained by an official of the Police and Border Guard Board or an officer of the Estonian Internal Security Service and the expulsion of him or her from Estonia shall be organised without delay.
[RT I 2009, 62, 405 – entry into force 01.01.2010]

 (4) A prohibition on entry does not deprive an alien of the right to apply for international protection in Estonia.
[RT I 2007, 62, 394 – entry into force 21.12.2007 and in part 30.03.2008]

§ 28¹.  Refusal of entry into Estonia of alien without imposition of prohibition on entry

 (1) Refusal of entry into Estonian of an alien without imposition of prohibition on entry is permitted if:
 1) a circumstance which constitutes the basis for imposition of a prohibition to entry exist with regard the alien;
 2) the alien has committed an offence in Estonia;
 3) the alien has failed to pay a fine imposed on the alien for an offence committed in Estonia;
 4) the alien has failed to pay for the expenses for expulsion;
 5) there is reason to believe that the arrival of the alien to Estonia may pose a threat to national security, public safety or public order;
 6) there is reason to believe that the purpose of the alien’s arrival to Estonia does not correspond to the purpose of arrival claimed by the alien;
 7) there is reason to believe that the alien does not intend to leave Estonia after his or her basis for stay expires.
 8) the decision on expulsion made on the basis of Article 3 of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third-country nationals (OJ L 149, 2.06.2001, pp.34–36) applies with regard to an alien that is not revoked nor suspended by the state making the decision.
[RT I 2007, 62, 394 – entry into force 21.12.2007 and in part 30.03.2008]

 (2) Subsection 1 of this section shall not apply to an alien who holds a residence permit.
[RT I, 26.02.2014, 2 – entry into force 01.10.2014]

§ 28².  Decision on prohibition on entry

  [RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (1) The Police and Border Guard Board shall prohibit an alien who does not comply with the requirements for crossing the external border from to entering Estonia and completes a form, in respect of him or her, which is given in Regulation (EU) 2016/399 of the European Parliament and of the Council on Union rules governing the movement of persons across borders (OJ L 77, 23.03.2016, pp. 1–52) (hereinafter the decision on prohibition on entry).

 (2) Upon making a decision on prohibition on entry, an administrative authority shall take into account the provisions of § 17¹ of this Act.

 (3) An appeal against a decision on prohibition on entry may be filed with an administrative court pursuant to the procedure provided for in the Code of Administrative Court Procedure. The decision on prohibition on entry cannot be challenged through a challenge procedure.

 (4) Submission of an appeal against a decision on prohibition on entry does not provide grounds for admitting an alien to Estonia.

 (5) In order to comply with a decision on prohibition on entry, the Police and Border Guard Board detain an alien and apply the provisions of §§ 19–19² of this Act concerning detention conditions and state supervision measures.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022].

 (6) If enforcement of a decision on prohibition on entry is not possible within 48 hours, the Police and Border Guard Board shall apply to the administrative court for permission to place an alien in a detention centre and detain him or her for up to two months.

 (7) After the expiry of the detention term provided for in subsection 6 of this section, the administrative court may, at the request of the Police and Border Guard Board, extend the term of detention in the detention centre of an alien by four months at a time but for no longer than 18 months as of the day of detention of the alien.

 (8) In the case of detention of an alien, the Police and Border Guard Board shall take into account the special needs of a vulnerable person and may suspend the execution of the decision on refusal of entry if the alien is unable to leave Estonia immediately due to his or her physical or mental health condition or other good reason.
[RT I, 17.06.2020, 1 – entry into force 27.06.2020]

 (9) The detention of an alien is recorded.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (10) The Police and Border Guard Board may also apply the provisions of this section to an alien who has been directly apprehended upon illegal crossing of the external border.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (11) If the Police and Border Guard Board decides to set a term to an alien for voluntary performance of an obligation to leave, the provisions of this Act concerning precepts to leave apply to the alien.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

§ 29.  Bases for application of prohibition on entry

 (1) A prohibition on entry may be applied with regard to an alien if:
 1) there is good reason to believe that his or her stay in Estonia may endanger the security and public order of the Republic of Estonia, other Member State of the European Union, a Member State of the Schengen Convention or a Member State of the North Atlantic Treaty Organisation or the health of other persons;
[RT I, 13.12.2016, 4 – entry into force 23.12.2016]
 2) there is information or good reason to believe that he or she belongs to a criminal organisation, that he or she is connected with the illegal handling or illicit trafficking of narcotics, psychotropic substances or the illegal conveyance of persons across the border or a temporary control line, that he or she is a member of a terrorist organisation or has committed an act of terrorism, or there is good reason to believe that that he or she may commit a terrorist crime or he or she is involved in financing or supporting a terrorist crime or money laundering;
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]
 3) he or she is employed or has been employed by the intelligence or security service of a foreign state or he or she is related to or has been related to the intelligence or security service of a foreign state, or there is good reason to believe that he or she is employed or has been employed by an intelligence or security service of a foreign state or he or she is related to or has been related to the intelligence or security service of a foreign state;
[RT I, 13.12.2016, 4 – entry into force 23.12.2016]
 4) he or she has received or there is good reason to believe that he or she has received special training in landing operations or in diversion or sabotage activities, or other special training, and if the knowledge and skills acquired in the process of such training can be directly applied in the formation or training of illegal armed units;
 5) he or she incites or there is good reason to believe that he or she may incite national, racial, religious or political hatred in Estonia or a foreign state;
[RT I, 13.12.2016, 4 – entry into force 23.12.2016]
 6) he or she has been punished or there is good reason to believe that he or she has been punished for a serious crime against humanity or for a war crime, regardless of whether the criminal record has expired or been expunged, and regardless of the expungement of data concerning the penalty from the criminal records database;
 6¹) there is information or a good reason to believe that the alien has participated or contributed to violation of human rights in a foreign state, which has resulted in the death or serious injury of a person, the unfounded conviction of a person in an offence inspired by political motives or other serious consequences;
[RT I, 13.12.2016, 4 – entry into force 23.12.2016]
 7) he or she has been punished for an intentionally committed criminal offence or for another offence in Estonia or a foreign state, and if the criminal record has neither expired nor been expunged or if data concerning the penalty have not been expunged from the criminal records database;
 8) the alien has violated legislation regulating the stay of aliens in Estonia or the crossing of the state border by aliens;
 9) the alien has provided incorrect information or a falsified document upon application for a legal basis to stay in Estonia or extension thereof, for Estonian citizenship, international protection or an identity document;
[RT I, 06.04.2016, 1 – entry into force 01.05.2016]
 10) the alien has unperformed obligations to the Estonian state, a governmental authority or local government.

 (2) A permanent prohibition on entry may be applied in the cases provided for in clauses 1–6¹ of subsection 1 of this section.
[RT I, 13.12.2016, 4 – entry into force 23.12.2016]

 (3) If it is impossible for the family of an alien to live together outside Estonia or if the resettlement of the family in a foreign state would involve difficulties on a disproportionate scale in comparison with the need to establish a prohibition on entry, a prohibition on entry with regard to the alien may be applied only in the cases provided for in clauses 1–6¹ of subsection 1 of this section.
[RT I, 13.12.2016, 4 – entry into force 23.12.2016]

 (4) The following persons living legally in Estonia together with an alien in the same family shall be deemed to be the family members of the alien:
 1) spouse;
 2) minor child;
 3) parent if the alien is a minor.

 (5) If the bases for application of a prohibition on entry provided for in subsection 1 of this section become evident during the proceedings for the grant or extension of a basis for stay, the grant or extension of the basis for stay shall be refused and a prohibition on entry shall be applied with regard to the alien.
[RT I 2004, 53, 369 – entry into force 07.08.2004]

§ 29¹.  Specifications for application of prohibition on entry

  [Repealed – RT I, 26.02.2014, 2 – entry into force 01.10.2014]

§ 30.  Non-application of prohibition on entry

  Prohibition on entry shall not be applied:
 1) with regard to an alien less than 13 years of age;
 2) with regard to an alien who is of Estonian origin;
 3) with regard to an alien whose application for international protection has been accepted for processing in Estonia or who has been granted international protection in Estonia.
[RT I, 06.04.2016, 1 – entry into force 01.05.2016]

§ 30¹.  Specifications for application of prohibition on entry

 (1) Upon application of a prohibition on entry and on the basis thereof, revocation of the basis for stay or termination of the right of residence, the alien need not be granted a possibility to provide his or her opinion and objections.

 (2) [Repealed – RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (3) The grounds on which the prohibition on entry is applied, including data and evidence gathered in proceedings, are not disclosed, including to the data subject, to the extent which is contrary to the objectives provided in subsection 3 of § 33⁶ of this Act.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (4) [Repealed – RT I, 13.12.2016, 4 – entry into force 23.12.2016]

§ 31.  Order to apply prohibition on entry

 (1) The application of a prohibition on entry shall be decided without undue delay by the Ministry of the Interior or an authorised governmental authority in the area of government of the Ministry of the Interior.
[RT I, 23.03.2015, 1 – entry into force 02.04.2015]

 (2) [Repealed – RT I 2004, 53, 369 – entry into force 07.08.2004]

 (3) Upon an order to apply a prohibition on entry and the determination of the period of validity of a prohibition on entry, all of the following circumstances shall be taken into account:
 1) the duration of the alien’s legal stay in Estonia;
 2) the age of the alien;
 3) the condition of health of the alien
 4) personal, economic and other ties which the alien has with Estonia and which are deserving of protection;
 5) the consequences of the application of the prohibition on entry for the family members of the alien;
 6) the social and cultural integration of the alien;
 7) the connections of an alien to the country of origin;
 8) the circumstances which are the basis for application of a prohibition on entry;
 8¹) holding a residence permit or a long-term visa of a Member State of the European Union, a Member State of the European Economic Area and the Swiss Confederation;
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]
 9) other relevant considerations.

 (4) [Repealed – RT I 2002, 61, 375 – entry into force 01.08.2002]

 (5) [Repealed – RT I 2002, 61, 375 – entry into force 01.08.2002]

§ 31¹.  Proposal to apply prohibition on entry

 (1) A governmental authority or a state agency administered by a governmental authority may make a proposal to the minister in charge of the policy sector to order application of prohibition on entry.

 (2) The proposal specified in subsection 1 of this section shall contain the basis and reason for application of prohibition on entry and the circumstances set forth in subsection 3 of § 31 of this Act. Where possible, documents in proof of the circumstances shall be appended to the proposal.
[RT I 2004, 53, 369 – entry into force 07.08.2004]

§ 31².  Fingerprinting and taking DNA samples

  [Repealed – RT I, 13.03.2019, 2 – entry into force 15.03.2019]

§ 32.  Amendment of period of validity of prohibition on entry

 (1) The Ministry of the Interior or an authorised governmental authority within the area of government of the Ministry of the Interior shall revoke the prohibition on entry or shorten the period of validity of the prohibition on entry at the justified request of the alien or on the justified proposal of a governmental authority or a state agency administered by the governmental authority or at the request of the competent authority of a Member State of the Schengen Convention, except Estonia, if the circumstances forming the basis for application of the prohibition on entry have changed or ceased to exist, as well as for humanitarian reasons if this does not pose a threat on national security or public order.
[RT I, 23.03.2015, 1 – entry into force 02.04.2015]

 (1¹) At the justified request of the competent authority of a Member State of the Schengen Convention, except Estonia, upon revocation of the prohibition on entry in the case provided in subsection 1 of this section the information concerning of the prohibition on entry shall be deleted from the Schengen Information System. On the decision of the minister in charge of the policy sector or a senior official of the Ministry of the Interior authorised thereby the prohibition on entry may be maintained only in the National Register of Prohibitions on Entry.
[RT I 2007, 62, 394 –entry into force 21.12.2007 and in part 30.03.2008]

 (1²) The Ministry of the Interior or an authorised governmental authority within the area of government of the Ministry of the Interior may, on the basis of the justified request of the alien and the existence of the relevant evidence submitted by the alien, revoke the Schengen entry ban applied in the precept to leave if the alien proves that they have left the territory of a Member State of the Schengen Convention within the term for voluntary compliance with the obligation to leave prescribed in the precept to leave.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (2) The Ministry of the Interior or an authorised governmental authority within the area of government of the Ministry of the Interior may extend the period of validity of the prohibition on entry or replace a temporary prohibition on entry with a permanent prohibition on entry on the initiative of a governmental authority or a state agency administered by a governmental authority if the bases for application of a prohibition on entry provided for in subsection 1 of § 29 of this Act become evident with regard to an alien. The provisions of subsection 3 of § 31 of this Act apply with regard to extension of the period of validity or replacement of a temporary prohibition on entry with the permanent prohibition on entry.
[RT I, 23.03.2015, 1 – entry into force 02.04.2015]

 (3) In order to change the period of validity of a Schengen re-entry ban, an alien is required to apply to a Member State of the Schengen Convention which has applied the Schengen re-entry ban.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

§ 32¹.  Suspension of period of validity of prohibition on entry

 (1) The Ministry of the Interior or an authorised governmental authority within the area of government of the Ministry of the Interior may suspend the period of validity of a prohibition on entry for a specified term on the proposal of a governmental authority, state agency administered by a governmental authority or a court or at the justified request of an alien, if the short-term arrival and stay in Estonia of the alien is unavoidably necessary.
[RT I, 23.03.2015, 1 – entry into force 02.04.2015]

 (2) The Ministry of the Interior or an authorised governmental authority within the area of government of the Ministry of the Interior may, at the justified request of an alien and the existence of the relevant evidence submitted by the alien, suspend for a specified term the period of validity of the Schengen entry ban applied in the precept to leave if the alien proves that they have left the territory of a Member State of the Schengen Convention within the term for voluntary compliance with the obligation to leave prescribed in the precept to leave.
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

§ 33.  Register of prohibitions on entry and Schengen information system

 (1) The database of registering prohibitions on entry is established by the Government of the Republic of Estonia and the statutes of the database shall be established by a regulation of the minister in charge of the policy sector.
RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (2) The purpose of the database of prohibitions on entry is to ensure public order and national security through processing the data of prohibitions on entry applied with regard to aliens and implementation of international sanctions.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (3) With the purpose to meet the objective set to the maintenance of the database, in the course of the performance of the duties provided for in a legal act of the European Union, a treaty, an act and a regulation, the data relating to application of the prohibition on entry, amendment of the period of validity of the prohibition on entry and data relating to suspension of the prohibition on entry, and the data on the administrative acts issued and acts performed during the respective proceedings.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (3¹) Upon identification of a person and verification of a person’s identity within the meaning of § 15⁵ of the Identity Documents Act, the person’s identity data entered in a database may be processed.
[RT I, 08.07.2021, 1 – entry into force 15.07.2021]

 (4) The data processed in the database, including in the procedural file, are not public unless otherwise provided for by this Act.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (5) The data on the prohibitions on entry shall be communicated to the Schengen information system pursuant to the provisions of the legislation of the European Union.
[RT I, 06.04.2016, 1 – entry into force 01.05.2016]

 (6) The data on the prohibition on entry shall not be communicated to the Schengen information system if:
 1) the prohibition on entry applies with regard to a citizen of a Member State of the European Union, a Member State of the European Economic Area and the Swiss Confederation;
 2) the validity of the prohibition on entry applied with regard to an alien shall be restricted to the territory of the Republic of Estonia by the order of the Ministry of the Interior or a governmental authority within the area of government of the Ministry of the Interior authorised for that purpose.
[RT I, 06.04.2016, 1 – entry into force 01.05.2016]

 (7) The data on the prohibition on entry shall be deleted from the Schengen information system upon revocation of the prohibition on entry.
[RT I, 06.04.2016, 1 – entry into force 01.05.2016]

 (8) The data entered in the register of the prohibitions on entry and the data entered into the Schengen Information System pursuant to the Schengen Convention have a legal meaning for the alien upon grant, extension and revocation of the legal basis for entry into, stay in and departure from the state of an alien.
[RT I, 06.04.2016, 1 – entry into force 01.05.2016]

 (9) The Ministry of the Interior or the Police and Border Guard Board may enable verification of the validity of the prohibition on entry on its public web page without disclosing the personal data of an alien thereby.
[RT I, 06.04.2016, 1 – entry into force 01.05.2016]

 (10) The controller of the database is the Police and Border Guard Board and the processor shall be appointed in the statutes of the database.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (11) The composition of data entered in the database and the term for retention thereof shall be specified in the statutes of the database.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (12) Biometric data processed for the purpose of identification of a person or verification of a person’s identity shall be deleted from the database immediately after the performance of the comparative study.
[RT I, 08.07.2021, 1 – entry into force 15.07.2021]

§ 33¹.  Prohibition on entry arising from law or court judgment

 (1) The prohibition on entry arising from law or a court judgment shall be applied by entry of information in the State Register of Prohibitions on Entry.
[RT I 2007, 62, 394 – entry into force 21.12.2007 and in part 30.03.2008]

 (2) The prohibition on entry arising from law or a court judgment has the legal consequences provided for in § 28 of this Act.

 (3) The prohibition on entry arising from law applies to an alien who has been expelled from Estonia for ten years as of the date of expulsion unless otherwise provide by this Act.
[RT I, 29.11.2010, 2 – entry into force 24.12.2010]

 (4) The prohibition on entry arising from the law shall be applied in respect of the subject of the international sanction or sanction of the Government of the Republic prohibiting entry.
[RT I, 19.03.2019, 11 – entry into force 01.01.2020]

 (5) Subsection 4 of this section shall not be applied if the data concerning the prohibition on entry are entered into the Schengen Information System pursuant to Article 26 of Regulation (EC) No.1987/2006 of the European Parliament and of the Council on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 381, 28.12.2006, pp. 4–23).
[RT I, 23.03.2015, 1 – entry into force 02.04.2015]

§ 33².  Communication of application of prohibition on entry, amendment of term of validity of prohibition on entry, revocation of prohibition on entry and suspension of prohibition on entry

 (1) The application of a prohibition on entry and its term of validity, amendment of the term of validity of a prohibition on entry, revocation of a prohibition on entry or suspension of a prohibition on entry shall be deemed to be communicated to an alien after the relevant information has been published on the website of the Ministry of the Interior.

 (2) If the name, time of birth or a personal identification code and citizenship of the alien concerned is known, such information shall be published on the website.

 (3) The application of a prohibition on entry, amendment of the term of validity of a prohibition on entry, revocation of a prohibition on entry and suspension of a prohibition on entry shall be communicated to the alien in writing at the initiative of the alien.
[RT I 2004, 53, 369 – entry into force 07.08.2004]

§ 33³.  Contestation of application of prohibition on entry and amendment of term of validity of prohibition on entry

 (1) Application of a prohibition on entry or amendment of the term of validity of a prohibition on entry may be contested pursuant to the procedure provided in the Code of Administrative Court Procedure within thirty days after communication thereof.

 (2) Contestation of application of a prohibition on entry or amendment of the term of validity of a prohibition on entry does not postpone expulsion for the time of the court proceedings.

 (3) After expiry of the term for contestation of application of a prohibition on entry, expulsion, refusal to grant or extend a basis for stay, or revocation of a basis for stay cannot be contested based on the unlawfulness of the application of prohibition on entry.
[RT I 2004, 53, 369 – entry into force 07.08.2004]

§ 33⁴.  Disclosure of information related to application of prohibition on entry

 (1) Information not specified in subsection 1 of § 33² of this Act related to the application of prohibition on entry is not public.

 (2) The minister in charge of the policy sector may classify information specified in subsection 1 of § 33² of this Act as information intended for internal use if this is necessary in order to achieve the objectives provided in subsection 3 of § 33⁶.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

§ 33⁵.  Schengen entry ban

  [Repealed – RT I, 08.06.2022, 3 – entry into force 18.06.2022]

§ 33⁶.  Processing personal data

 (1) In the case of the procedures provided for in this Act, an administrative authority shall have the right to process personal data, including a specific type of personal data.

 (2) An administrative authority may transfer personal data specified in subsection 1 of this section to third parties for the purpose of identifying and verifying matters of importance to the proceedings. Third parties may process personal data communicated to them to the extent necessary to ascertain the facts relevant to the proceedings.

 (3) The right of a data subject to receive information and access to personal data collected on him or her, as well as the right of access to data entered in the database, including the procedural file, may be restricted if it may:
 1) prevent or damage the prevention, detection, processing or execution of a punishment;
 2) damage the rights and freedoms of another person;
 3) endanger the security of the Republic of Estonia, another Member State of the European Union, a Member State of the Schengen Convention or a Member of the North Atlantic Treaty Organization;
 4) jeopardize the protection of public order, including preventing the expulsion of aliens.

 (4) The restriction on publication of the information specified in subsection 3 of this section shall apply to the data subject with respect to the following rights:
 1) to obtain information about the processing of his or her personal data, including which personal data are processed, as well as the manner, method, purpose, legal basis, scope or reason for the processing;
 2) to know the recipients of his or her personal data and the categories of personal data to be disclosed and whether his or her personal data are transferred to a foreign state or international organization;
 3) to demand that the processing of his or her personal data be restricted;
 4) to object to the processing of his or her personal data;
 5) to find out about a personal data breach.

 (5) The restriction on publication of the information specified in subsection 3 of this section may also be applied to data obtained from a foreign state or an international organization.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

§ 33⁷.  Getting personal details

  The personal data received from a foreign state or international organisation may be processed for performance of duties arising from international agreement, legislation of the European Union or other legislation.
[RT I 2007, 62, 394 – entry into force 21.12.2007 and in part 30.03.2008]

§ 33⁸.  Processing of personal data

  [Repealed – RT I, 13.03.2019, 2 – entry into force 15.03.2019]

§ 33⁹.  Obligations of alien or another relevant person

  [Repealed – RT I, 29.11.2010, 2 – entry into force 24.12.2010]

§ 33¹⁰.  Notification of administrative acts, acts and procedural documents

  [Repealed – RT I, 29.11.2010, 2 – entry into force 24.12.2010]

§ 33¹¹.  Taking biometric data of alien staying in Estonia without legal basis

  [RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (1) The Police and Border Guard Board or the Estonian Internal Security Service shall take fingerprints of an alien of at least 14 years of age staying in Estonia illegally. The data collected in fingerprinting shall be transferred for comparison to the central unit of the Eurodac System pursuant to the Regulation No 603/ 2013 of the European Parliament and of the Council (EU) establishing the Eurodac-system for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice. (OJ L 180, 29.06.2013, pp. 1–30).
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (2) The Police and Border Guard Board or the Estonian Internal Security Service may take fingerprints of an alien under 14 years of age who is staying in Estonia illegally unless it is possible to identify the person or verify the identity otherwise.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (3) The rights and interests of the specified person shall be taken into account in the fingerprinting of a minor.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (3¹) The Police and Border Guard Board or the Estonian Internal Security Service may take fingerprints of an alien with regard to whom the prohibition on entry is applied.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (4) An alien who refuses to fingerprint may be subject to direct coercion.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (5) Biometric data collected upon fingerprinting are entered in the automated biometric identification system database (hereinafter ABIS database).
[RT I, 08.06.2022, 3 – entry into force 18.06.2022]

 (6) The form of a fingerprint card shall be established by a regulation of the minister in charge of the policy sector.
[RT I, 08.07.2021, 1 – entry into force 15.07.2021]

§ 33¹².  Taking DNA samples of alien staying in Estonia illegally

 (1) The Police and Border Guard Board or the Estonian Internal Security Service may take a DNA sample of an alien who is staying in Estonia illegally unless it is possible to identify the person otherwise.

 (1¹) The taking of DNA samples from an alien staying in Estonia without a legal basis shall be based on the procedure established on the basis of subsection 5 of § 33 of the Law Enforcement Act.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (2) The decision to take fingerprints from a minor must in particular take account of the rights and interests of the specified person.

 (3) With regard to an alien who refuses to enable taking the DNA sample direct coercion may be applied.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (4) The data collected by taking DNA samples shall be entered into the National DNA Register.
[RT I 2010, 3, 4 – entry into force 01.10.2010]

§ 33¹³.  Processing of data of aliens staying or having stayed in Estonia illegally

  [Repealed – RT I, 08.06.2022, 3 – entry into force 18.06.2022]

§ 33¹⁴.  Database of aliens staying or having stayed in Estonia illegally

 (1) The database of aliens who are staying or have stayed in Estonia illegally is established and its statute shall be established by the minister in charge of the policy sector.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (2) The purpose of maintaining the database is to ensure public order and national security by processing the data about the illegal stay in Estonia of aliens and their compliance with the obligation to leave from Estonia.

 (3) The data of administrative acts issued and the operations performed in the course of proceedings related to the stay in Estonia of aliens who are staying or have stayed illegally in Estonia and to their compliance with the obligation to leave from Estonia shall be processed in the course of performing the tasks provided for in the European Union legislation, international agreement, by law and a regulation in order to fulfil the purpose of maintaining the database.

 (3¹) Upon identification of a person and verification of a person’s identity within the meaning of § 15⁵ of the Identity Documents Act, the identity data of a person entered in a database may be processed.
[RT I, 08.07.2021, 1 – entry into force 15.07.2021]

 (4) In relations under private and public law the information of the database may be used as a basis for the information about the issued administrative acts and the operations performed in the proceedings referred to in subsection 3 of this section regarding the illegal stay of an alien in Estonia and his or her compliance with the obligation to leave from Estonia.

 (5) The information processed in the database, including the data processed in the procedural file, is not public.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (6) The controller of the database is the Police and Border Guard Board and the processor shall be appointed by the statutes of the database.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (7) The composition of the data entered in the database and the term for their storage shall be specified in the statutes of the database.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (8) Biometric data processed for the purpose of identification of a person or verification of a person’s identity shall be deleted from the database immediately after the performance of a comparative study.
[RT I, 08.07.2021, 1 – entry into force 15.07.2021]

§ 33¹⁵.  ABIS database

 (1) The ABIS database is an electronic database the purpose of which, within the meaning of this Act, is to process biometric data taken for identification of a person and verification of a person’s identity in the proceedings for the application of an entry ban and in the proceedings related to the stay in Estonia of aliens staying and having stayed in Estonia without a legal basis and compliance with the obligation to leave Estonia.

 (2) In the proceedings provided for in this Act, data entered in the ABIS database on the basis of the Identity Documents Act, Citizenship Act, Consular Act, Code of Criminal Procedure, Imprisonment Act, Aliens Act, Act on Granting International Protection to Aliens and Code of Misdemeanour Procedure may be processed for identification of a person and verification of a person’s identity.

 (3) Data entered in the ABIS database on the basis of the Acts specified in subsection 2 of this section may be processed for identification of a person and verification of a person’s identity for the purposes of ensuring public order and national security only if the person cannot be identified or the person’s identity verified based on the data entered in the ABIS database on the basis of this Act.

 (4) The provisions of § 15⁵ of the Identity Documents Act shall apply to the processing of data entered in the ABIS database.

 (5) The ABIS database shall be founded and its statutes established by a regulation of the Government of the Republic.

 (6) The controller of the ABIS database is the Police and Border Guard Board. The processor shall be specified in the statutes of the database.

 (7) The composition of data to be entered in the ABIS database and the term for storing thereof shall be prescribed in the statutes of the database.

 (8) The data contained in the ABIS database are subject to restrictions on access and have been recognized as information for internal use.
[RT I, 08.07.2021, 1 – entry into force 15.07.2021]

Chapter 6 IMPLEMENTING PROVISIONS  

§ 34.  Application of prohibition on entry to alien whose entry into Estonia was prevented prior to entry into force of this Act

  A prohibition on entry with regard to an alien whose entry into Estonia was prevented prior to the entry into force of this Act applies in accordance with Chapter 5 of this Act.

§ 34¹.  Execution of detention decisions of persons to be expelled until building of deportation centre

  [Repealed – RT I 2004, 53, 369 – entry into force 07.08.2004]

§ 34².  Implementation of non-compliance levy

  Non-compliance levy prescribed in this Act is implemented as of 1 January 2002.

§ 34³.  Processing of biometric data taken before 1 July 2022

 (1) Photographs, facial images and fingerprint images entered in the computerized database of the database of aliens staying and having stayed in Estonia without a legal basis and the database of entry bans shall be entered in the ABIS database not later than on 30 June 2022.

 (2) Photographs, facial images and fingerprint images entered in the computerized database of the database of aliens staying and having stayed in Estonia without a legal basis and the database of entry bans may be stored simultaneously with the data stored in the ABIS database, but not for longer than 30 June 2025.

 (3) After the creation of the ABIS database until the final date for implementation of the transitional provisions of the ABIS database, photographs, facial images and fingerprints may be processed in the computerized database of the database of aliens staying and having stayed in Estonia without a legal basis and the database of entry bans.
[RT I, 08.07.2021, 1 – entry into force 15.07.2021]

§ 34⁴.  Specification of completing court proceedings commenced in emergency caused by mass immigration

  Court proceedings commenced in an emergency caused by mass immigration may be completed by the court after the emergency has ended in accordance with the provisions of the emergency caused by mass immigration.
[RT I, 06.08.2022, 1 – entry into force 16.08.2022]

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

§ 37.  Entry into force of Act

  This Act enters into force on 1 April 1999.

¹Council Directive 2003/110/ EC on assistance in cases of transit for the purposes of removal by air (OJ L 321, 6.12.2003 pp. 26–31, Council Directive 2004/ 81/ EC on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities (OJ L 261, 06.08.2004, pp. 19–23) [RT I 2007, 9, 44 – entry into force 01.02.2007] Council Regulation (EC) No 2725/2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention (OJ L 316, 15.12.2000, pp. 1–10); Council Regulation (EC) No 407/2002 laying down certain rules to implement Regulation (EC) No 2725/2000 concerning the establishment of "Eurodac" for the comparison of fingerprints for the effective application of the Dublin Convention (OJ L 62, 5.03.2002, pp. 1–5). [RT I 2010, 3, 4 – entry into force 01.10.2010] Directive 2008/115 / EC of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, pp. 98–107). [RT I, 17.06.2020, 1 – entry into force 27.06.2020] Council Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third country nationals (O J L 149 , 02.06.2001, pp.34 – 36). [RT I, 08.06.2022, 3 – entry into force 18.06.2022]