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Foreign Relations Act


Published: 2017-02-01

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Foreign Relations Act

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

PassedPublishedEntry into force
12.03.2008RT I 2008, 15, 10714.04.2008
20.05.2009RT I 2009, 29, 17501.07.2009
09.12.2009RT I 2010, 3, 401.10.2010
22.04.2010RT I 2010, 19, 10101.01.2014
09.02.2011RT I, 04.03.2011, 101.04.2011
04.06.2014RT I, 21.06.2014, 101.07.2014
19.06.2014RT I, 29.06.2014, 10901.07.2014, on the basis of subsection 107³ (4) of the Government of the Republic Act the official titles of the ministers have been replaced.
11.02.2015RT I, 12.03.2015, 101.01.2016
14.12.2016RT I, 03.01.2017, 118.01.2017, partially 01.02.2017

Chapter 1 GENERAL PROVISIONS 

§ 1.  Scope of application of Act

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

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

 (3) This Act does not apply to treaties concerning state budget loans. Treaties concerning state budget loans are initiated, concluded and the performance thereof shall be organised in accordance with the State Budget Act.

§ 2.  Bases for foreign relations

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

§ 3.  Basic definitions

  For the purposes of this Act:
 1) “foreign relations” means the relations conducted by competent bodies conducting foreign relations with foreign states and international organisations;
 2) “treaty” means a bilateral or multilateral written agreement consisting of one or several documents which is concluded between the Republic of Estonia and a foreign state or an international organisation and which is regulated by international law;
 3) “inter-agency treaty” means a written agreement between a state agency or local authority of the Republic of Estonia and an agency of a foreign state or an international organisation which is concluded according to their competence and regulated by international law.

Chapter 2 BODIES CONDUCTING FOREIGN RELATIONS AND THEIR COMPETENCE 

Division 1 BODIES CONDUCTING FOREIGN RELATIONS 

§ 4.  Bodies conducting foreign relations

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

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

§ 5.  Foreign missions of Republic of Estonia

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

 (2) The following is a foreign mission:
 1) a diplomatic mission;
 2) a consular post;
 3) a special mission formed by the Government of the Republic for the performance of a special function;

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

 (4) The residence of the head of the mission is part of a foreign mission. The bases of and procedure for the use, furnishing and the reimbursement of the expenses of residence shall be established by a regulation of the minister responsible for the area.

Division 2 COMPETENCE OF BODIES CONDUCTING FOREIGN RELATIONS 

§ 6.  Competence of the Riigikogu

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

 (2) The Foreign Affairs Committee of the Riigikogu shall:
 1) regularly discuss the foreign policy;
 2) coordinate the foreign relations of the Riigikogu;
 3) discuss the report from the Government of the Republic on the foreign policy of the state and present its report at the corresponding plenary sitting of the Riigikogu;
 4) discuss and the principles of development co-operation and humanitarian aid presented by the Government of the Republic and the bases of security policy together with the National Defence Committee;
[RT I, 12.03.2015, 1 – entry into force 01.01.2016]
 5) hear the information of the Ministry of Foreign Affairs concerning the candidates for the posts of ambassador extraordinary and plenipotentiary and envoys of the Republic of Estonia and meet the candidate, if necessary.

§ 7.  Competence of President of Republic

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

§ 8.  Competence of Government of the Republic

 (1) The Government of the Republic shall:
 1) manage foreign relations and implement the foreign policy of the Republic of Estonia;
 2) administer the implementation of Acts concerning foreign relations and the resolutions of the Riigikogu;
 3) submit draft legislation concerning foreign relations and treaties and drafts thereof to the Riigikogu;
 4) approve and submit to the Riigikogu the report on the foreign policy of the state;
 5) approve and submit to the Riigikogu the bases of security policy;
 6) recognise other states and governments and enter into diplomatic relations with other states;
 7) conclude treaties which are not subject to ratification by the Riigikogu on behalf of the Republic of Estonia;
 8) form government delegations and missions for assignment to other states, international organisations and international meetings;
 9) establish diplomatic missions of the Republic of Estonia in foreign states and at international organisations, terminate the activities of such missions and form special missions for the performance of special functions;
 10) appoint higher representatives of the Republic of Estonia at the international organisations, institutions and meetings or present candidates for a higher representative of the Republic of Estonia to an international organisation or institution.
 11) approve and submit to the Riigikogu the principles of development co-operation and humanitarian aid, establish by a regulation the conditions and procedure for the provision of development assistance and humanitarian aid;
 12) present statements, declarations and communications concerning foreign relations or accede thereto;
 13) resolve other issues of foreign relations which are not assigned to be resolved by the Riigikogu or the President of the Republic by the Constitution or this Act.

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

 (3) The Government of the Republic shall establish by a regulation the limits for accommodation, meal, travel, translation and other expenses relating to the reception of foreign guests for state agencies.

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

 (5) The Government of the Republic shall establish by a regulation the conditions and procedure for reclaiming and refunding of the European Union support and foreign aid.

§ 9.  Competence of Ministry of Foreign Affairs

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

 (2) In relations with foreign states and international organisations, the Ministry of Foreign Affairs shall:
 1) manage relations with foreign states and their missions;
 2) manage and coordinate, within the limits of its competence, the relations of governmental authorities with international organisations and participation in the work thereof;
 3) coordinate the relations of other state agencies and local authorities with missions of foreign states and representations of international organisations in the Republic of Estonia;
 4) present statements, declarations and communications concerning foreign relations which do not fall within the competence of the Riigikogu or the Government of the Republic on behalf of the Government of the Republic, or accede thereto;
 5) make proposals to the Government of the Republic concerning the establishment and termination of diplomatic missions of the Republic of Estonia, and shall open and close consular posts of the Republic of Estonia;
 6) make proposals through the Government of the Republic to the President of the Republic to declare the head of the diplomatic mission of a foreign state to be persona non grata or shall declare a member of a foreign mission in the Republic of Estonia to be persona non grata according to international law;
 7) coordinate the forming of government delegations and missions and the assignment thereof to foreign states, international organisations and international meetings, and prepare the relevant full powers;
 8) coordinate participation in civilian crisis management missions organised by international organisations and in other civilian crisis management missions and the assignment of official experts to foreign states and international organisations.
[RT I, 04.03.2011, 1 - entry into force 01.04.2011]
 9) register international intergovernmental organisations or other institutions created by an international agreement that are located in Estonia.
[RT I 2008, 15, 107 - entry into force 14.04.2008]

 (3) Upon conclusion and enforcement of treaties, the Ministry of Foreign Affairs shall:
 1) initiate conclusion of treaties, participate in negotiations concerning the treaties, prepare or approve and submit to the Government of the Republic draft treaties or the texts of treaties adopted.
 2) organise the preparation, signing and exchange or submission to the depositary of the instruments of agreement prepared pursuant to legislation passed on the basis of clause 6 (1) 2) and § 16;
 3) keep custody of the treaties of the Republic of Estonia and organise the publication thereof as necessary;
 4) submit treaties of the Republic of Estonia to an international organisation for registration;
 5) perform the functions of a depositary in the name of the Republic of Estonia;

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

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

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

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

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

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

 (10) The minister responsible for the area shall establish, by a regulation, the procedure for issue of a diplomatic identity card, the format and technical specification of the diplomatic identity card and the list of information entered in the card.
[RT I, 03.01.2017, 1 - entry into force 01.02.2017]

 (11) The minister responsible for the area shall establish, by a regulation, the forms for development co-operation projects and reports on development co-operation projects.

 (12) The minister responsible for the area shall establish, by a regulation, the conditions and procedure for the accreditation of journalists representing foreign media.

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

 (14) The minister responsible for the area shall decide on the establishment of databases needed for the performance of tasks assigned to the Ministry of Foreign Affairs by this section and for work organisation thereof and shall establish the statutes of such databases.
[RT I 2008, 15, 107 - entry into force 14.04.2008]

§ 10.  Competence of state agencies and local authorities

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

 (2) Governmental authorities shall organise the submission of the positions of the Republic of Estonia concerning treaties within the exclusive competence of the European Communities in legislative drafting of the European Union.

 (3) The minister responsible for the area shall establish, by a regulation, the procedure for notification of the Ministry of Foreign Affairs of the treaties specified in subsection (2) of this section.

§ 11.  Competence of foreign mission

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

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

 (3) The Government of the Republic shall determine the competence of each special mission.

Chapter 3 TREATY 

Division 1 CONCLUSION AND ENFORCEMENT OF TREATY 

§ 12.  Initiation of conclusion of treaty

 (1) The Ministry of Foreign Affairs has the right to initiate conclusion of a treaty.

 (2) Ministries and the State Chancellery shall submit proposals to initiate conclusion of a treaty to the Ministry of Foreign Affairs.

§ 13.  Preparations for conclusion of treaty

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

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

 (3) The minister or the State Secretary who directs the preparations for the conclusion of a treaty shall form, by a directive, a working group, or the Government of the Republic shall form, by an order, a committee or a delegation for the preparations of the conclusion of the treaty. The Government of the Republic may grant the right to initial the treaty to the head of the working group, delegation or committee.

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

§ 14.  Submission of materials of treaty to Ministry of Foreign Affairs

 (1) The ministry that directed the preparations for the conclusion of a treaty or the Government Office Chancellery shall submit the following materials prepared in conformity with the requirements to the Ministry of Foreign Affairs for submission to the Government of the Republic:
 1) the text of the draft treaty, the official text of the treaty in the case of an adopted treaty, and a correct Estonian translation if the draft treaty or the authentic text of the treaty is only in foreign languages;
 2) coordination letters of the relevant ministries;
 3) the draft national legal act concerning the treaty;
 4) if necessary, proposals concerning the wording of reservations or declarations;
 5) explanatory memorandums to draft treaties and national legal acts.
[RT I 2010, 19, 101 – entry into force 01.01.2014]

 (2) A sworn translator shall have the competence to translate a treaty published in Riigi Teataja.
[RT I 2010, 19, 101 – entry into force 01.01.2014]

§ 15.  Competence of Ministry of Foreign Affairs upon review of materials of treaty

 (1) The Ministry of Foreign Affairs shall review the materials specified in § 14 submitted thereto for compliance with legislation.

 (2) If the materials of a treaty contain deficiencies, the Ministry of Foreign Affairs shall set a reasonable term for the elimination of deficiencies.

 (3) The Ministry of Foreign Affairs shall submit the materials of a treaty prepared in conformity with the requirements to the Government of the Republic within thirty days as of the receipt thereof by the Ministry of Foreign Affairs or as of the elimination of deficiencies. The Ministry of Foreign Affairs may extend the specified term due to the length of the materials of the treaty, notifying the ministry who submitted the materials or the State Chancellery thereof.

 (4) If the ministry which directed the preparations for the conclusion of a treaty or the State Chancellery fails to eliminate the deficiencies by the specified due date, the Ministry of Foreign Affairs shall return the materials to the submitter thereof.

 (5) The Ministry of Foreign Affairs may make corrections to the text of a draft treaty approved by the Government of the Republic but not yet signed or to the translation of the text of an adopted treaty provided that such corrections do not alter the content or meaning of the treaty, notifying the State Chancellery, the ministry which directed the preparations for the conclusion of the treaty and, where necessary, other ministries concerned, thereof.

§ 16.  Approval of treaty by Government of the Republic

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

§ 17.  Powers to sign treaty

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

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

§ 18.  Powers for adoption of text of treaty

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

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

§ 19.  Conclusion of treaty

  Upon conclusion of a treaty, the Republic of Estonia assumes the obligations prescribed by the treaty. A treaty shall be concluded by signing, ratifying, approving thereof or acceding to the treaty, or in another manner prescribed in the treaty.

§ 20.  Ratification of treaty

  A treaty shall be ratified in the Riigikogu if:
 1) state borders are altered by the treaty;
 2) the implementation of the treaty requires the passage, amendment or repeal of Acts of the Republic of Estonia;
 3) the Republic of Estonia joins an international organisation or union according to the treaty;
 4) the Republic of Estonia assumes military obligations by the treaty;
 5) by the treaty, the Republic of Estonia assumes proprietary obligations in relations in public law for the performance of which no funds have been designated in the state budget, or which exceed the limits for proprietary obligations established by the state budget within which the Government of the Republic is authorised to conclude the treaty.
 6) ratification is prescribed in the treaty.

§ 21.  Enforcement of treaty

 (1) By enforcement of a treaty, the Republic of Estonia expresses willingness to perform the obligations assumed by conclusion of the treaty. A treaty shall be enforced by signature, by an instrument of agreement or in another manner prescribed in the treaty.

 (2) Pursuant to the treaty, an instrument of agreement may be:
 1) an instrument of ratification;
 2) an instrument of acceptance and approval;
 3) an instrument of accession;
 4) an enforcement note;
 5) another instrument of agreement.

 (3) The instrument of agreement of a treaty ratified by the Riigikogu shall be signed by the President of the Republic.

 (4) The instrument of agreement of a treaty concluded by the Government of the Republic shall be signed by the Prime Minister or the minister responsible for the area.

 (5) The minister responsible for the area or a person authorised by him or her shall write his or her initials on the enforcement note.

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

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

 (1) Reservations may be made concerning a treaty upon the conclusion of the treaty in accordance with the conditions of the treaty.

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

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

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

 (5) If a party to a treaty has made a reservation or declaration which is contrary to the purpose and objective of the agreement, the State Chancellery or the ministry in whose area of government the agreement is shall submit the proposal to make an objection concerning the reservation or declaration, and the draft objection, to the Ministry of Foreign Affairs. The minister responsible for the area shall forward the objection to the other party or the depositary of the agreement on behalf of the Government of the Republic.

Division 2 PERFORMANCE OF TREATY 

§ 23.  Guaranteeing of performance of treaty

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

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

 (3) The suspension of a treaty shall be decided by the Government of the Republic, and the Ministry of Foreign Affairs shall notify the other party or the depositary thereof.

§ 24.  Conflict of treaty and national legal act

 (1) If the Supreme Court has declared a treaty or a part thereof to be in conflict with the Constitution, the proposal to withdraw from the treaty, denounce it or initiate the procedure for amendment thereof shall be made by:
 1) the Government of the Republic to the Riigikogu if the Riigikogu has ratified the treaty;
 2) the Ministry of Foreign Affairs to the Government of the Republic if the Government of the Republic has concluded the treaty.

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

Division 3 AMENDMENT AND EXPIRY OF TREATY 

§ 25.  Amendment of treaty

 (1) A treaty shall be amended pursuant to the same procedure as it was concluded unless otherwise prescribed in the treaty.

 (2) The Government of the Republic may give consent to amendment of a treaty ratified by the Riigikogu, provided that all the following conditions occur concurrently:
 1) the amendment does not concern the content;
 2) confirmation by the Republic of Estonia concerning the amendment proposal of an international organisation is required for the amendment;
 3) the international agreement prescribes such procedure for amendment.

§ 26.  Expiry of treaty

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

 (2) If the other party denounces a ratified treaty, the Government of the Republic shall make a proposal to the Riigikogu to repeal the Act concerning the accession to the treaty, concerning the approval and ratification of the treaty or another Act.

 (3) If the other party terminates a treaty concluded by the Government of the Republic or withdraws therefrom, the Ministry of Foreign Affairs shall make a proposal to the Government of the Republic to repeal the legal act concerning the conclusion of the treaty.

§ 27.  Denunciation and termination of and withdrawal from treaty

 (1) The denunciation of a ratified treaty shall be decided by the Riigikogu.

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

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

Division 4 KEEPING CUSTODY AND PUBLICATION OF TREATY 

§ 28.  Keeping custody and publication of treaty

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

 (2) A treaty shall be published in the Riigi Teataja.

 (3) Treaties which are published in the Official Journal of the European Union are not published in Riigi Teataja.

Chapter 4 INTER-AGENCY TREATY 

§ 29.  Conclusion of inter-agency treaty

  State agencies and local authorities may independently prepare and conclude inter-agency treaties according to their competence.

§ 30.  Publication of inter-agency treaty

  An inter-agency treaty shall be published on the website or in the official publication of the relevant state agency or local government unless otherwise provided by the inter-agency treaty.

§ 31.  Notification of inter-agency treaty

 (1) Governmental authorities shall notify the Ministry of Foreign Affairs of the concluded inter-agency treaty.

 (2) The minister responsible for the area shall establish by a regulation the procedure for notification of an inter-agency treaty by governmental authorities.

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

  The relevant state agency or local authority shall decide on the amendment, suspension or termination of an inter-agency treaty in accordance with international law and the inter-agency treaty.

Chapter 5 IMPLEMENTING PROVISIONS 

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

§ 36. Entry into force of Act

  This Act enters into force on 1 January 2007.