Foreign Service Act of Estonia

Chapter 1

General Provisions

§ 1. Scope of Application of Act

(1) This Act regulates the foreign service.

(2) The foreign service is the state public service in diplomatic posts.

§ 2. Categories of foreign service

The foreign service is divided into the diplomatic and consular services.

§ 3. Diplomat

A diplomat is an official in the diplomatic or consular service who has received a diplomatic rank or diplomatic service rank and who is authorised to represent the Republic of Estonia in foreign relations.

§ 4. Legislation extending to diplomats

(1) The Public Service Act and other legislation regulating state public service extend to diplomats unless otherwise provided by this Act.

(2) Diplomats serving in foreign states shall operate in their activities pursuant to the Vienna Convention on Diplomatic Relations (RT* II 1993, 24, 56), the Vienna Convention on Consular Relations (RT II 1993, 23, 53) and other legislation. Immunities and privileges prescribed by international custom and practice extend to such diplomats.

Chapter 2

Diplomatic and Consular Services

§ 5. Official ranks of diplomatic staff of Ministry of Foreign Affairs

The official ranks of the diplomatic staff of the Ministry of Foreign Affairs are:

1) kantsler – secrétaire général; permanent under-secretary;

2) kantsler – secrétaire général adjoint; deputy under-secretary;

3) osakonna peadirektor – directeur général de département; director general of department;

4) büroo direktor – directeur de bureau; director of division;

5) nõunik – conseiller; counsellor;

6) ministeeriumi esimene (I) sekretär – premier secrétaire de ministère; first secretary of ministry;

7) ministeeriumi teine (II) sekretär – deuxième secrétaire de ministère; second secretary of ministry;

8) ministeeriumi kolmas (III) sekretär – troisième secrétaire de ministère; third secretary of ministry;

9) ministeeriumi atašee – attaché de ministère; attaché of ministry.

(18.09.2002 entered into force 24.10.2002 - RT I 2002, 82, 481)

§ 6. Official ranks of diplomatic and consular staff of foreign missions

(1) The official ranks of the diplomatic staff of foreign missions are:

1) erakorraline ja täievoliline suursaadik – ambassadeur extraordinaire et plénipotentiaire, ambassador extraordinary and plenipotentiary;

2) minister-nõunik – ministre-conseiller, minister-counsellor;

3) suursaatkonna nõunik – conseiller d’ambassade, counsellor of embassy;

4) suursaatkonna esimene (I) sekretär – premier secrétaire d’ambassade, first secretary of embassy;

5) suursaatkonna teine (II) sekretär – deuxième secrétaire d’ambassade, second secretary of embassy;

6) suursaatkonna kolmas (III) sekretär – troisième secrétaire d’ambassade, third secretary of embassy;

7) suursaatkonna atašee – attaché d’ambassade, attaché of embassy.

(2) The official ranks of consular staff of foreign missions are:

1) peakonsul – consul général, consul general;

2) konsul – consul;

3) asekonsul – vice-consul.

§ 7. Correspondence of official ranks of diplomatic and consular staff

The official ranks of the diplomatic and consular staff of foreign missions correspond to the official ranks of the diplomatic staff of the Ministry of Foreign Affairs as follows:

1) director general of department – ambassador extraordinary and plenipotentiary;

2) director of division – minister-counsellor;

3) counsellor of ministry – counsellor of embassy; consul general;

4) first secretary of ministry – first secretary of embassy; consul;

5) second secretary of ministry – second secretary of embassy; vice-consul;

6) third secretary of ministry – third secretary of embassy;

7) attaché of ministry – attaché of embassy.

§ 8. Establishment of diplomatic posts of foreign service

(1) The diplomatic posts of the foreign service corresponding to the official ranks provided by this Act shall be established by the Minister of Foreign Affairs.

(2) A post corresponding to the official rank of minister-counsellor is established by the Minister of Foreign Affairs in a foreign mission with not less than six posts for diplomats on staff as prescribed by the Minister of Foreign Affairs.

§ 9. Chargé d’affaires

(1) A chargé d’affaires ad interim appointed by the Minister of Foreign Affairs with the knowledge of the President of the Republic shall direct a foreign mission of Estonia until the appointment of an ambassador extraordinary and plenipotentiary, and during his or her absence.

(2) A chargé d’affaires shall be appointed by the Minister of Foreign Affairs with the knowledge of the President of the Republic to foreign states and international organisations for which the Government of the Republic has not prescribed the post of ambassador extraordinary and plenipotentiary.

Chapter 3

Diplomatic Ranks and Diplomatic Service Ranks

§ 10. Titles of diplomatic ranks and diplomatic service ranks

(1) Diplomatic ranks are:

1) suursaadik – ambassadeur, ambassador;

2) saadik – envoyé, envoy.

(2) Diplomatic service ranks are:

1) nõunik – conseiller, counsellor;

2) esimene sekretär – premier secrétaire, first secretary;

3) teine sekretär – deuxième secrétaire, second secretary;

4) kolmas sekretär – troisième secrétaire, third secretary;

5) atašee – attaché.

§ 11. Conferral of diplomatic ranks

(1) Diplomatic ranks are conferred for life by a resolution of the President of the Republic.

(2) Proposals to confer diplomatic ranks are made to the President of the Republic by the Government of the Republic. A corresponding request is presented to the Government of the Republic by the Minister of Foreign Affairs pursuant to a resolution of the Evaluation Committee of the Ministry of Foreign Affairs.

§ 12. Conditions for conferring diplomatic service ranks

(1) The diplomatic service rank of attaché may, pursuant to a resolution of the Evaluation Committee of the Ministry of Foreign Affairs, be conferred on a person who has been in the service of the Ministry of Foreign Affairs as an official for at least six months.

(2) A superior diplomatic service rank may be conferred if a diplomat has served as:

1) an attaché for at least two years;

2) a third secretary for at least three years;

3) a second secretary for at least four years;

4) a first secretary for at least four years.

(3) As an exception, a diplomatic service rank may, pursuant to a resolution of the Evaluation Committee of the Ministry of Foreign Affairs, be conferred on a person who does not meet the requirements provided for in subsections (1) and (2) of this section if the person is an internationally recognised specialist or a specialist with necessary experience in foreign relations.

§ 13. Conferral of diplomatic service ranks

(1) Diplomatic service ranks are conferred by a directive of the Minister of Foreign Affairs for the period of work in the foreign service. Diplomatic service ranks are retained upon retirement from the foreign service.

(2) Proposals to confer diplomatic service ranks are made by the Permanent Under-Secretary to the Minister of Foreign Affairs pursuant to a resolution of the Evaluation Committee of the Ministry of Foreign Affairs.

(3) Upon release of persons from the foreign service, their diplomatic service ranks become invalid. Upon reappointment of persons to the foreign service, their diplomatic service ranks are reinstated, unless the diplomatic service ranks were withdrawn on a basis provided for in subsection 15 (1) of this Act.

§ 14. Withdrawal of diplomatic rank

(1) A diplomatic rank may be withdrawn by a resolution of the President of the Republic if the diplomat has been punished by a court.

(2) A proposal to withdraw a diplomatic rank is made to the President of the Republic by the Government of the Republic. A corresponding request is presented to the Government of the Republic by the Minister of Foreign Affairs pursuant to a resolution of the Evaluation Committee of the Ministry of Foreign Affairs.

§ 15. Reduction or withdrawal of diplomatic service rank

(1) A diplomatic service rank may be reduced or withdrawn by a directive of the Minister of Foreign Affairs if a diplomat:

1) has been punished by a court;

2) has committed a severe breach of duties of service;

3) is no longer trustworthy;

4) has committed an indecent act.

(2) A proposal for reduction or withdrawal of a diplomatic service rank is made by the Permanent Under-Secretary to the Minister of Foreign Affairs pursuant to a resolution of the Evaluation Committee of the Ministry of Foreign Affairs.

§ 16. Remuneration for diplomatic ranks or diplomatic service ranks

Remuneration for persons with a diplomatic rank or diplomatic service rank is paid pursuant to procedure established by the Government of the Republic.

Chapter 4

Employment and Career in Foreign Service

§ 17. Requirements for employment in foreign service

Persons who meet the following requirements may be employed in the foreign service:

1) state of health allows employment in the foreign service;

2) oral and written knowledge of at least two foreign languages of which one must be French or English;

3) higher education;

4) not in a situation due to financial or other obligations which prevents performance of functions in the foreign service;

5) employment as an official of the Ministry of Foreign Affairs for not less than six months.

§ 18. Procedure for employment in foreign service

Employment in the foreign service is by appointment pursuant to a resolution of the Evaluation Committee of the Ministry of Foreign Affairs.

§ 19. Appointment authority

(1) The Permanent Under-Secretary and directors general of departments of the Ministry of Foreign Affairs are appointed to office pursuant to procedure provided for in the Government of the Republic Act (RT I 1995, 94, 1628; 1996, 49, 953; 88, 1560; 1997, 29, 447; 40, 622; 52, 833; 73, 1200; 81, 1361; 1362; 87, 1468; 1998, 28, 356; 36/37, 552; 40, 614; 71, 1201; 107, 1762; 111, 1833; 1999, 10, 155; 16, 271; 274; 27, 391; 29, 398; 401; 58, 608; 95, 843; 845; 2000, 49, 302; 51, 319; 320; 54, 352; 58, 378; 95, 613; 102, 677; 2001, 7, 16; 24, 133; 52, 303; 53, 305; 59, 358; 94, 578; 100, 646; 102, 677; 2002, 13, 79; 57, 354) and they must meet the requirements provided for in this Act.

(2) Other diplomats are appointed to office by the Permanent Under-Secretary of the Ministry of Foreign Affairs.

(26.06.96 entered into force 26.07.96 - RT I 1996, 49, 953)

§ 20. Procedures for assignment to and recall from foreign missions

(1) Ambassadors extraordinary and plenipotentiary are appointed and recalled by the President of the Republic on the proposal of the Government of the Republic.

(2) Chargés d’affaires are appointed and recalled by the Minister of Foreign Affairs with the knowledge of the President of the Republic.

(3) Heads of consular posts are appointed and recalled by the Minister of Foreign Affairs on the proposal of the Permanent Under-Secretary.

(4) Diplomats in the service of the Ministry of Foreign Affairs shall be assigned to foreign missions by the Ministry of Foreign Affairs and recalled from foreign missions by the Permanent Under-Secretary.

(5) The duration of an assignment of up to four years and the date of arrival at the mission shall be determined by the Permanent Under-Secretary.

(6) Assignment to and recall from foreign missions occurs regularly and includes all diplomats in the service.

(7) Diplomats shall be notified of assignment to or recall from foreign missions not less than one month in advance and shall be given not less than one week to organise personal affairs, during which time they are released from official duties.

(8) The bases for recall from a foreign mission are:

1) expiry of the duration of the assignment to the foreign mission;

2) personal request of an official;

3) request of the receiving state;

4) appointment, relocation or election to a different office in the state public service;

5) recall to the disposal of the Ministry of Foreign Affairs.

(9) Diplomats working in foreign missions shall attend in-service training or courses in the Ministry of Foreign Affairs at least once during their assignment, for a total duration of one month. Diplomats are not paid foreign service allowance during this period.

§ 21. Recall to disposal of Ministry of Foreign Affairs

(1) The Minister of Foreign Affairs may, with the knowledge of the President of the Republic, recall the head of a foreign mission to the disposal of the Ministry of Foreign Affairs temporarily for up to three months. The Permanent Under-Secretary has the same right with regard to all other diplomats of foreign missions.

(2) The period provided for in subsection (1) of this section may be extended for up to one year under circumstances arising from an extraordinary international situation or from inter-state relations.

(3) Persons recalled to the disposal of the Ministry of Foreign Affairs shall perform duties assigned by the Minister of Foreign Affairs or Permanent Under-Secretary and shall retain their current salary without foreign service allowance.

§ 22. Evaluation

(1) Evaluation shall be carried out by the Evaluation Committee of the Ministry of Foreign Affairs.

(2) The procedure, principles and membership of the Evaluation Committee are approved by the Minister of Foreign Affairs.

(3) Evaluation shall take place:

1) at least once during two years of service;

2) if a proposal to promote a diplomat is made;

3) upon the making of a proposal to confer or withdraw a diplomatic rank;

4) upon the making of a proposal to confer, reduce or withdraw a diplomatic service rank.

(4) The suitability of diplomats to their office, their personal characteristics, professional and social skills, and state of health shall be assessed in evaluations.

(5) Resolutions of the Evaluation Committee shall be the basis for making proposals for:

1) appointment to the foreign service, promotion, relocation or release from office;

2) conferral and withdrawal of diplomatic ranks;

3) conferral, reduction and withdrawal of diplomatic service ranks;

4) assignment to in-service training or courses.

Chapter 5

Rights and Social Guarantees of Diplomats

§ 23. Remuneration

Diplomats receive a salary and additional payments pursuant to legislation concerning state public service and according to exceptions provided for in this Act.

§ 24. Foreign service allowance

Foreign service allowance shall be paid to diplomats during the time they are assigned to a foreign mission to the extent and pursuant to procedure established by the Government of the Republic.

§ 25. Representation allowance

Upon employment in the foreign service and at the start of every succeeding year of service, diplomats shall be paid a representation allowance of up to two months' salary. Representation allowance is not subject to taxation.

§ 26. Calculation of length of diplomatic service and retention of diplomatic service rank

(1) Upon election or appointment of a diplomat to the diplomatic post of an international organisation, this period is considered to be part of the length of diplomatic service and the diplomatic service rank of the diplomat is retained.

(2) Upon assignment of a diplomat to in-service training or courses, this period is considered to be part of the length of diplomatic service and the diplomatic service rank of the diplomat is retained.

(3) Upon appointment of a diplomat to office to the Office of the President of the Republic or the Office of the Prime Minister, the period of employment there is considered to be part of the length of diplomatic service and the diplomatic service rank of the diplomat is retained.

(17.04.2001 entered into force 01.09.2001 - RT I 2001, 43, 240)

§ 27. Provision of housing by employer

Diplomats may be provided with housing, if necessary.

§ 28. Reimbursement to diplomats and their family members

(1) Diplomats working in foreign missions shall be reimbursed for:

1) travel and moving expenses;

2) accommodation expenses;

3) health insurance and medical expenses;

4) education expenses of minor children.

(2) The amount and procedure for reimbursement payable to diplomats and their family members shall be established by the Government of the Republic.

(3) If a diplomat is accompanied by his or her spouse during the time he or she is assigned to a foreign mission, the foreign service allowance of the diplomat shall be increased by 35 per cent and the time spent by the spouse during the time the diplomat is assigned to the foreign mission is considered to be part of the length of employment of the spouse. If the spouse of a diplomat works in a foreign mission, the foreign service allowance of the diplomat shall not be increased. The spouse of a diplomat shall be guaranteed medical and health insurance.

(4) If a diplomat is accompanied by a minor child during the time he or she is assigned to a foreign mission, the foreign service allowance of the diplomat shall be increased by 15 per cent per child. Children of diplomats shall be guaranteed medical and health insurance.

§ 29. Holidays of diplomats

(1) Diplomats are required to inform their immediate superiors of their whereabouts while on holiday.

(2) In the interest of the service, the Permanent Under-Secretary or head of a foreign mission may interrupt the holiday of a diplomat. The portion of the holiday that remains unused due to the interruption of a holiday is added to the holiday of the following year or is granted during the same year of service, as requested by the diplomat.

(3) The holidays of diplomats working in foreign missions are extended by the length of time for travel to Estonia and back to the place of service. In the case of travel to Estonia regarding personal matters, travel expenses may be reimbursed in part or in full once a year with the permission of the Permanent Under-Secretary.

(4) The total length of the holidays of a diplomat shall not exceed fifty-six days.

§ 30. Social guarantees in performance of diplomatic duties

(1) If a diplomat dies in the course of performing diplomatic duties in a foreign state, the state shall pay the family members or relatives whom he or she maintained a single benefit of up to ten years' salary of the diplomat. Funeral expenses shall be borne by the state.

(2) If a diplomat becomes disabled in the course of performing diplomatic duties in a foreign state which results in the total loss of capacity for work, the state shall pay the diplomat a single benefit of up to five years' salary.

(3) If a diplomat becomes disabled in the course of performing diplomatic duties in a foreign state which results in a partial loss of capacity for work, the state shall pay the diplomat a single benefit of up to one year's salary.

(4) Diplomats are subject to mandatory insurance by the state on the basis of an international personal and travel insurance contract.

(5) The state guarantees free annual medical examinations and treatment to diplomats.

(6) Diplomats shall be guaranteed a salary corresponding to their official rank upon relocation from the Ministry of Foreign Affairs to foreign missions and vice versa.

Chapter 6

Duties of Diplomats

§ 31. General requirements

(1) Diplomats must be faithful to the constitutional order of Estonia and safeguard the independence of Estonia, adhere to the values of a democratic society and be steadfast, proper and decorous in their activities, upholding the international reputation of the Republic of Estonia. Diplomats are required to observe the laws and other legislation of the receiving state, respect the local customs and traditions and not interfere in the internal matters of the receiving state.

(2) Diplomats must comply with requirements arising from legislation concerning state public service and from other legislation unless otherwise provided for in this Act.

§ 32. Internal procedure rules and job descriptions

(1) The work principles of the Ministry of Foreign Affairs and foreign missions and the internal procedure rules of the Ministry of Foreign Affairs shall be approved by the Minister of Foreign Affairs.

(2) The internal procedure rules of foreign missions shall be approved by the heads of the foreign missions in consultation with the Permanent Under-Secretary.

(3) The job descriptions of diplomats appointed to office by the Minister of Foreign Affairs shall be approved by the Minister of Foreign Affairs.

(4) The job descriptions of diplomats appointed to office by the Permanent Under-Secretary shall be approved by the Permanent Under-Secretary.

§ 33. State secrets and confidential information

(1) Diplomats are required to use and maintain state secrets pursuant to procedure provided by law and not disclose confidential information of which they become aware by virtue of their service.

(2) The procedure for maintaining confidential information in the Ministry of Foreign Affairs and foreign missions shall be approved by the Minister of Foreign Affairs.

§ 34. Official travel

Diplomats are required to accept an assignment to a foreign mission of up to one month if they are informed thereof at least three days in advance. With the agreement of the diplomat, the Permanent Under-Secretary may extend the length of the assignment by up to three months.

Chapter 7

Release of Diplomats from Foreign Service

§ 35. Release of diplomats

(1) Diplomats shall be released from the foreign service on the bases of and pursuant to procedure provided for in the Public Service Act and pursuant to § 14 or 15 of this Act upon withdrawal of their diplomatic rank or diplomatic service rank.

(2) Diplomats who do not comply with the requirement provided for in clause 17 4) of this Act may be released from the foreign service.

§ 36. Future career of diplomats released from foreign service

Diplomats released from the foreign service may be appointed to other offices in the state public service or be assigned to the reserve of officials on the bases of and pursuant to procedure provided for in the Public Service Act.

Chapter 8

Implementing Provisions

§ 37. Application of requirements for employment in foreign service

The requirement provided for in clause 17 3) of this Act does not apply with respect to officials who are in the foreign service upon the entry into force of this Act, for three years from the entry into force of this Act.

§ 38. Evaluation and conferral of diplomatic service ranks

(1) Evaluations conducted by the Ministry of Foreign Affairs in 1994 shall be deemed to be valid and the next evaluations shall be conducted pursuant to procedure provided for in this Act. Officials who were not evaluated in 1994 shall be evaluated during 1995.

(2) The following service ranks shall be conferred on evaluated officials according to their official rank who are in the foreign service at the time of the entry into force of this Act:

1) counsellor shall be conferred on the Permanent Under-Secretary, directors general of departments, directors of divisions, minister-counsellors, counsellors of ministry, counsellors of embassy and consuls general;

2) first secretary shall be conferred on first secretaries of ministry, first secretaries of embassy and consuls;

3) second secretary shall be conferred on second secretaries of ministry, second secretaries of embassy and vice-consuls;

4) third secretary shall be conferred on third secretaries of ministry, third secretaries of embassy;

5) attaché shall be conferred on attachés of ministry, attachés of embassy.

(3) Subsection (2) of this section does not extend to officials on whom a diplomatic rank has been conferred by a resolution of the President of the Republic.

§ 39. Length of assignment to foreign missions

The length of the assignments of diplomats working in foreign missions shall be determined pursuant to subsection 20 (5) of this Act within three months after the entry into force of this Act.

§ 40. Implementation of Act

The Government of the Republic and Minister of Foreign Affairs have the right to issue legislation for the implementation of this Act.

§ 41. Entry into force of Act

This Act enters into force on 1 January 1996.