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Annex 1

to the…………

contract No ………..

SECURITY REQUIREMENTS

As the object of the public procurement is located within the security area of the Defence Forces, the

contracting partner shall be informed of the following conditions, rights and obligations in order to

clarify the parties’ rights and obligations regarding compliance with security requirements within the

Defence Forces security area.

1. DEFINITIONS

1.1 Security Requirements – the general security requirements established for entry to and

presence within a Defence Forces Security Area (Annex 5), as well as any other

requirements established by applicable legislation for the purpose of ensuring the

security of the Defence Forces.

1.2 Person Responsible for Security – the Defence Forces sub-unit or service member

responsible for ensuring compliance with theSecurity Requirements applicable to the

Object of the Public Procurement and/or the Work Area located within the relevant

Defence Forces Security Area.

1.3 Defence Forces Security Area (DFSA) – any territory under the control of the Defence

Forces, as well as Defence Forces vessels, aircraft and vehicles.

1.4 Contracting Partner’s Contact Person – the person designated by the Contracting

Partner and/or its subcontractor who is responsible for ensuring compliance with the

requirements relating to the performance of the public contract (hereinafter also

referred to as the “Contract”) and with the Security Requirements.

1.5 Consent – the prior written consent required for conducting a Background Check, by

which a person authorises the Defence Forces to collect data concerning that person and

make relevant enquiries for a period of five years from the date on which the consent is

given, pursuant to § 41⁶ of the Estonian Defence Forces Organisation Act (Annex 2 in

Estonian and Annex 3 in English).

1.6 ECDI Contact Person – the person specified in the Contract through whom the

performance of the contractual obligations is coordinated and the notices, requirements

and other documents provided for in the Contract are transmitted on behalf of the

Estonian Centre for Defence Investments (ECDI). The official English name and

abbreviation are confirmed by ECDI.

1.7 Object of the Public Procurement – the object located within the Defence Forces

Security Area at which the Service is provided.

1.8 Access Request (e-mail) – a request submitted by the Contracting Partner’s Contact

Person for permission for a Service Provider to enter the Defence Forces Security Area

(Annex 4).

1.9 Right of Access – a person’s right to be present at the Object of the Public Procurement

and/or the Work Area located within the Defence Forces Security Area in connection with

the performance of the Contract.

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1.10 Person Holding a Right of Access – a person who has passed the Background Check,

whose access to the Object of the Public Procurement and/or the Work Area located

within the Defence Forces Security Area has been approved, and who is entitled to enter

and remain within the Defence Forces Security Area unescorted in connection with the

performance of the Contract.

1.11 Background Check – a check conducted pursuant to § 41³ of the Estonian Defence Forces

Organisation Act and in the manner provided for in § 41⁵ thereof in order to determine

the suitability of a person involved in providing services to the Defence Forces

(hereinafter the “Service Provider”).

1.12 Background Check Request (e-mail) – a request submitted by the Contracting Partner’s

Contact Person to initiate a Background Check in respect of a Service Provider (Annex 1).

1.13 Service – a service provided for the performance of the Contract at the Object of the

Public Procurement and/or the Work Area located within the Defence Forces Security

Area, or at another agreed location.

1.14 Person Providing the Service (hereinafter also referred to as the “Service Provider”) –

an employee of the Contracting Partner and/or its subcontractor in respect of whom a

Background Check is conducted, subject to that person’s prior written Consent, in order

to assess their suitability to provide services to the Defence Forces.

1.15 Secure Area – an area authorised for the processing of state secrets or classified

information of foreign states classified at the Confidential, Secret or Top Secret level, as

well as classified media containing such information.

1.16 Work Area – an area located within the Defence Forces Security Area where the Service

is provided.

2. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTNER

2.1 The Contracting Partner, including the Service Provider and the Contracting Partner’s

Contact Person, shall have the right to obtain from the Defence Forces the information

necessary for compliance with the Security Requirements, including information

concerning the right to provide the Service and the procedure for obtaining a Right of

Access to the Defence Forces Security Area (DFSA). The ECDI Contact Person shall provide

the Contracting Partner, at the earliest opportunity, with the contact details of the

Person Responsible for Security for the relevant Object of the Public Procurement and/or

Work Area.

2.2 The Contracting Partner shall:

2.2.1 not assign nationals of countries subject to the notification obligation to provide

services to the Defence Forces. At the time of entry into the Contract, the following

countries are subject to the notification obligation pursuant to Order No. 1-3/112 of

the Minister of the Interior dated 29 September 2023, are1:

Republic of Armenia;

Republic of Azerbaijan;

People’s Republic of China, including the Hong Kong and Macao Special Administrative

Regions;

1https://kapo.ee/sites/default/files/content_page_attachments/Teatamiskohustusega%20v%C3%A4lisriikideni mekirja%20kehtestamine_0.pdf

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Islamic Republic of Iran;

Republic of Kazakhstan;

Kyrgyz Republic;

Democratic People’s Republic of Korea;

Republic of Tajikistan;

Turkmenistan;

Republic of Uzbekistan;

Republic of Belarus;

Russian Federation.

Should the above-mentioned Order be amended, the Contracting Partner shall be

notified thereof and these Security Conditions shall be amended as necessary;

2.2.2 ensure that, in the case of services for which the Defence Forces has determined that

conducting a Background Check is justified, the Service is provided only by persons

who have passed the Background Check and have been assessed as suitable to

provide the Service. The Service shall be provided at the location agreed in advance,

which may not be situated in any of the countries listed in clause 2.2.1;

2.2.3 maintain an up-to-date overview of the actual location or locations from which the

Service is provided to the Defence Forces and, upon request, provide this information

to the Defence Forces;

2.2.4 ensure that a Service Provider does not disclose, without the prior written

permission of the Defence Forces, any restricted information that becomes known

to them, including classified information, information intended for internal use,

trade secrets, personal data concerning Defence Forces service members or

employees, or any other information relating to the Defence Forces;

2.2.5 ensure that the Contracting Partner’s Contact Person submits a duly completed

Background Check Request (Annex 1 together with Annex 2 and/or Annex 3) at the

earliest opportunity, taking into account the commencement date for the provision

of the Service agreed in the Contract and the time required to conduct the

Background Check, which may take up to 14 calendar days, to the e-mail address

[email protected];

2.2.6 ensure that, in the case of a foreign national, the Contracting Partner’s Contact

Person attaches the following documents to the Background Check Request:

2.2.6.1 a copy of the page of the person’s identity document containing their

photograph, including a copy of the visa or another document confirming the

legal basis for their stay in Estonia;

2.2.6.2 an extract from the criminal records register of the person’s country of

residence;

2.2.7 ensure that the Contracting Partner’s Contact Person submits the Access Request for

entry to the Defence Forces Security Area (Annex 4) at the earliest opportunity,

taking into account the commencement date for the provision of the Service agreed

in the Contract and the reasonable time that may be required to process the Access

Request. The request shall be submitted to the e-mail address of the ECDI Contact

Person or a person designated by them, who shall ensure that the request is

forwarded to the relevant Person Responsible for Security;

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2.2.8 immediately notify the ECDI Contact Person or a person designated by them and the

Defence Forces background check contact at [email protected] if a Service

Provider ceases to provide the Service before the agreed date, specifying the

Contract concerned;

2.2.9 immediately notify the ECDI Contact Person or a person designated by them when a

Service Provider no longer requires access to the Defence Forces Security Area,

specifying the Contract concerned. The ECDI Contact Person or the person

designated by them shall ensure that the information is forwarded to the relevant

Person Responsible for Security;

2.2.10 comply with the Security Requirements under the conditions established by the

Defence Forces, ensure that the Service Provider complies with those requirements,

and ensure compliance with those requirements by its subcontractor or

subcontractors.

3. RIGHTS AND OBLIGATIONS OF THE DEFENCE FORCES

3.1 The Defence Forces shall have the right to:

3.1.1 assess whether conducting a Background Check in respect of a person providing

services to the Defence Forces is justified;

3.1.2 conduct a Background Check in respect of a person involved in providing services to

the Defence Forces;

3.1.3 grant or restrict the Service Provider’s right to provide services to the Defence Forces

on the basis of circumstances established in the course of the Background Check;

3.1.4 decline to examine a Background Check Request in accordance with the procedure

provided for in the Administrative Procedure Act;

3.1.5 refuse, on security grounds, to grant a Right of Access to the Defence Forces Security

Area to a person who has not undergone a Background Check, has failed the

Background Check or in respect of whom it is not possible to conduct a Background

Check;

3.1.6 restrict or refuse, on security grounds, to grant a Right of Access to the Defence

Forces Security Area to a stateless person or a foreign national;

3.1.7 verify a Service Provider holding a Right of Access’s compliance with the Security

Requirements applicable at the Object of the Public Procurement and, in the event

of non-compliance with or a breach of the Security Requirements, prohibit the

Service Provider from remaining within the Defence Forces Security Area;

3.1.8 verify whether a person providing services to the Defence Forces has disclosed,

without the prior written permission of the Defence Forces, any restricted

information that has become known to them, including classified information,

information intended for internal use, trade secrets, personal data concerning

Defence Forces service members or employees, or any other information relating to

the Defence Forces. In the event of a breach of this requirement, the Defence Forces

shall have the right to prohibit the person from providing services to the Defence

Forces;

3.1.9 verify that, in the case of services for which the Defence Forces has determined that

conducting a Background Check is justified, the Service is provided only by persons

who have passed the Background Check and have been assessed as suitable to

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provide the Service, and that the Service is provided at the location agreed in

advance. In the event of a breach of this requirement, the Defence Forces shall have

the right to prohibit the provision of the Service to the Defence Forces.

3.2 The Defence Forces shall:

3.2.1 notify the person who submitted the Background Check Request, in a form

reproducible in writing, of the outcome of the Service Provider’s Background Check;

3.2.2 notify the person who submitted the Access Request for entry to the Defence Forces

Security Area, in a form reproducible in writing, of the granting of a Right of Access

to the Service Provider, including any restrictions imposed on that right;

3.2.3 brief the Service Provider on the Security Requirements established by the Defence

Forces, including those applicable at the Object of the Public Procurement and/or

the Work Area located within the Defence Forces Security Area;

3.2.4 notify ECDI if the Service Provider and/or the Contracting Partner breaches these

Security Requirements or fails to comply with the Security Requirements applicable

within the Defence Forces Security Area;

3.2.5 provide written notification if a Background Check Request is declined without

examination in accordance with clause 3.1.4.

4. FINAL PROVISIONS

4.1 The contact persons referred to in these Security Conditions shall be designated upon

entry into the Contract. The parties shall be notified of any changes to the contact

persons by e-mail.

4.2 Personal data shall be processed in accordance with the requirements of the applicable

legislation.

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Annex 1: Sample Background Check Request (e-mail)

The electronically fillable background check consent form is available on the RKIK website: https://www.kaitseinvesteeringud.ee/hanked/kaitsevaele-teenust-osutavate-isikute-taustakontroll/

Send the request to: [email protected]

SUBJECT: Background Check Request

TEXT:

Hello,

In connection with ECDI Contract [name of the Contract], No. [xxxxxxxxx], entered into on [dd.mm.yyyy], I

hereby submit to the Defence Forces the details of the persons listed below for the purpose of conducting

Background Checks.

The documents required for conducting the Background Checks are attached to this e-mail.

Additional information is provided in the table below:

First name Surname Personal ID

code Company

Service to

be

provided

Actual

location

where the

Service will be

provided

(address)

Start date of the

Service provision

period

(dd.mm.yyyy)

End date of the

Service provision

period

(dd.mm.yyyy)

Service provided in

a Secure Area

YES/NO

I acknowledge that the Background Check may take up to 14 calendar days from the date on which a duly

completed request is submitted.

Kind regards,

[Requester’s first name and surname]

[Position]

[Company name]

[Contact telephone, e-mail address]

FOR INTERNAL USE ESTONIAN DEFENCE FORCES

The restriction on access applies from the date on which the document is prepared until the need for the restriction ceases,

but for no longer than 75 years. Legal basis: § 35 (1) 12) of the Public Information Act

FOR OFFICIAL USE ONLY

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Annex 3: Consent Form The electronically fillable background check consent form is available on the RKIK website: https://www.kaitseinvesteeringud.ee/hanked/kaitsevaele-teenust-osutavate-isikute-taustakontroll/

FOR OFFICIAL USE ONLY Information owner: ESTONIAN DEFENCE FORCES

Restrictions on access to information were enforced when this document was created and are valid as long as

necessary but no longer than 75 years Legal grounds: Public Information Act clause 35 (1) 12)

Annex 3 APPROVED With the 23.03.2026 Directive of the Commander of the Estonian Defence Forces No 0.1-3.1/26/63

AUTHORISATION FOR BACKGROUND CHECK

(first and last name)

Personal identification code:

I hereby authorise the Estonian Defence Forces to perform a background check on me in accordance with section 413 of the Estonian Defence Forces Organisation Act and in the manner specified in section 415 of the Estonian Defence Forces Organisation Act during five years as of my authorisation. I am aware of the following conditions.

1. I have the right to refuse authorisation (clause 416 (2) 1) of the Estonian Defence Forces Organisation Act).

2. I have the right to refuse to disclose information that might cause me being released from service or my position, or my employment contract being terminated, or that might lead to an offence or disciplinary proceeding for my loved ones or partner (clause 416 (2) 2) of the Estonian Defence Forces Organisation Act).

3. I have the right to request the termination of data collection and inquiries about me (clause 416 (2) 3) of the Estonian Defence Forces Organisation Act).

4. I have the right to provide explanations about the information collected about me (clause 416 (2) 4) of the Estonian Defence Forces Organisation Act).

5. I have the right to turn to the court, the Chancellor of Justice, the Data Protection Inspectorate, and the labour dispute committee to protect my rights and dispute the decision made about me based on the information collected on the grounds of section 415 to confirm whether the principles of protecting my basic rights and freedoms, and the code of good administration behaviour were followed (clause 416 (2) 5) of the Estonian Defence Forces Organisation Act).

6. If I refuse authorisation or request that data collection and inquiries were terminated (section 417 of the Estonian Defence Forces Organisation Act), it serves as the basis to end my background check (section 413 of the Estonian Defence Forces Organisation Act).

FOR OFFICIAL USE ONLY

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7. The Estonian Defence Forces may restrict my rights to the personal data being processed (subsections 4110 (3) and (4) of the Estonian Defence Forces Organisation Act).

I am aware of the following rules that apply on the restricted area of the Estonian Defence Forces (including vessels, aircraft, vehicles, and the territory of the Estonian Defence Forces).

1. Staying on the restricted area is not allowed without the permission of the Estonian Defence Forces (EDF) (subsection 52 (1) of the Estonian Defence Forces Organisation Act).

2. Each person on the restricted area must follow the procedures in force in the Estonian Defence Forces and the orders given by a representative of the EDF (subsection 52 (2) of the Estonian Defence Forces Organisation Act).

3. It is not allowed to take pictures or other images on the restricted area, or forward such pictures or images (section 563 of the Estonian Defence Forces Organisation Act).

4. It is not allowed to use partially or entirely automatic or remote-controlled devices on the restricted area (section 562 of the Estonian Defence Forces Organisation Act).

5. It is not allowed to display symbols of aggression on the restricted area (section 1511 of the Penal Code).

6. The Estonian Defence Forces has a right to perform a security check on any person, personal item or vehicle on the restricted area (section 56 of the Estonian Defence Forces Organisation Act).

7. The board camera of a vehicle must be covered and any video and sound recording devices shut off on the restricted area (subsection 52 (2) of the Estonian Defence Forces Organisation Act).

8. It is not allowed to bring third persons or pets to the restricted area (subsection 52 (2) of the Estonian Defence Forces Organisation Act).

9. It is not allowed to bring or use alcohol, narcotic or psychotropic substances, nor be under the influence of such substances on the restricted area (subsection 52 (2) of the Estonian Defence Forces Organisation Act).

10. It is not allowed to bring a weapon, a drone, explosives, fuels or ignitions or anything that contains such substances, or any equipment that might endanger the people, technology and devices on the restricted area. This list is not conclusive, and the Estonian Defence Forces has the right to evaluate the hazards of any personal items and prevent any person from entering with a potentially dangerous item (subsection 52 (2) of the Estonian Defence Forces Organisation Act).

11. It is not allowed to disclose to any third persons the information made available to a person on the restricted area (subsection 52 (2) of the Estonian Defence Forces Organisation Act).

(day, month, year) [ signed digitally ]2

2 Could also be signed on paper.

FOR OFFICIAL USE ONLY

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ANNEX 4: Sample Access Application (e-mail)

The request shall be sent to the e-mail address of the ECDI Contact Person specified in the Contract or

to the e-mail address of a person designated by them.

SUBJECT: Access Application (name of the military base and object)

TEXT:

Hello,

In connection with ECDI Contract [name of the Contract], No. [xxxxxxxxx], entered into on

[dd.mm.yyyy], I hereby submit an Access Request for entry to the Defence Forces Security Area.

Additional information is provided in the attached Microsoft Excel file:

First name Surname Personal

ID code Company

Service to be

provided

Object of the Public

Procurement/Work

Area within the

Defence Forces

Security Area where

the Service will be

provided

Start date of

the Service

provision

period

(dd.mm.yyyy)

End date of the

Service

provision

period

(dd.mm.yyyy)

Vehicle

make and

registration

number

The requester acknowledges that:

1. passing the Background Check does not automatically grant a Right of Access to the Defence Forces

Security Area; (DFSA);

2. the Defence Forces shall have the right to restrict a person’s access to the DFSA.

Kind regards,

[Requester’s first name and surname]

[Position]

[Company name]

[Contact telephone, e-mail address]

FOR INTERNAL USE Holder of information: Estonian Defence Forces

The restriction on access applies from the date on which the document is prepared until the need for the restriction ceases,

but for no longer than 75 years. Legal basis: § 35 (1) 12) of the Public Information Act

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ANNEX 5: General Security Requirements Applicable to Entry to and Presence within a Defence

Forces Security Area.

When present within a Defence Forces Security Area (referred to as a “restricted military area” in the

Estonian Defence Forces Organisation Act) EDFOA, a person shall comply with the rules established by

the Defence Forces, including fire safety, traffic and parking rules, and with the instructions given by a

representative of the Defence Forces pursuant to § 52 (2) and (3) of the Estonian Defence Forces

Organisation Act. In particular:

1. A person shall not enter a Defence Forces Security Area (DFSA) while in possession of alcohol,

narcotic or psychotropic substances, firearms, explosives, partially or fully automated or remotely

controlled flying devices, including drones, radioactive or highly flammable substances or objects

containing such substances, or any other items that may endanger that person, other persons

present at the site, machinery or equipment;

2. no third party may be brought into or permitted to enter a Defence Forces Security Area without

the permission of the Defence Forces;

3. when entering a Defence Forces Security Area in a vehicle, all vehicle-mounted cameras capable

of recording video and/or audio must be covered, switched off or removed;

4. for the purpose of conducting a security check, the Defence Forces shall have the right to stop a

person or vehicle when entering, remaining within or leaving a Defence Forces Security Area. The

Defence Forces may inspect the person, including their clothing and any items in their possession,

including a vehicle, by means of visual inspection, a pat-down, a technical device or a trained

service dog;

5. for security or safety reasons, the Defence Forces may temporarily prohibit persons from entering

a Defence Forces Security Area, order persons present within a Defence Forces Security Area to

leave, or prohibit them from leaving;

6. taking photographs, making video or audio recordings within a Defence Forces Security Area or its

buildings, and sharing or uploading such material in any form or through any medium is prohibited

without the prior consent of the Defence Forces;

7. a person who is suspected of being under the influence of alcohol, narcotic or psychotropic

substances, displays signs of such influence or is intoxicated by such substances is prohibited from

remaining within a Defence Forces Security Area;

8. the use or display of symbols of aggression within a Defence Forces Security Area, including on or

inside vehicles, is prohibited.

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Annex 2

to the…………….. contract No…………….

CODIFICATION CONDITIONS The conditions apply to the goods to be codified according to the NATO Codification System (C/NNC/1294/I00615). The codification office in Estonia is the Centre for Defence Investments, Järve 34a, 11314 Tallinn, e-mail [email protected]. 1. Requirements

1.1. For the purposes of codification of the goods, the Seller shall at least submit the codification

office the details referred to in the clause 2 in a format that can be reproduced in writing and at the request of the codification office additional details without delay.

1.2. Codification details do not need to be transmitted if they have been previously transmitted for the same goods. In this case, the Seller shall inform the codification office of the previous transmission of the codification details and shall indicate the codification office to which the details have been submitted.

1.3. The Seller shall submit or coordinate the submission of supplementary information to the codification office for all modifications, design or drawing changes during the term of the Agreement.

1.4. The codification office has the right to request additional information from the Seller, including drawings, standards and specifications and their reference numbers, spare parts data, product catalogues, user manuals.

1.5. Where the Seller subcontracts the performance of the Agreement, the Seller shall ensure that the information required for codification is also provided for the subcontracted items.

1.6. The codification office informs the Seller of the completion of the code or the reasons for refusing to create the code. In the case of goods produced in Estonia, a code shall be generated within two weeks if sufficient details are available. In the case of goods produced abroad, the NATO Stock Number shall be created by the codification office of the country concerned within two months.

2. Details to be provided for the codification of items of equipment for the Estonian Defence Forces

2.1. DETAILS OF THE MANUFACTURING COMPANY (company owning the copyrights to the

goods):

2.1.1. name; 2.1.2. address; 2.1.3. phone number; 2.1.4. email address; 2.1.5. website address.

2.2. DETAILS RELATING TO THE GOODS:

2.2.1. The designation of the goods and the name of the manufacturer, if different from

the name of the subject of the Agreement (in Estonian and English). 2.2.2. 13-digit NATO STOCK NUMBER NSN (if known). 2.2.3. Manufacturer’s markings (manufacturer-issued markings (model number), factory

designations and codes; spare part names, markings, designations and codes; references to product catalogue and user manual).

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2.2.4. Supplementary technical documentation (references to drawings, standards, specifications, if available).

2.3. DETAILS OF THE DATA PROVIDER/CONTACT PERSON:

2.3.1. name; 2.3.2. address; 2.3.3. phone number; 2.3.4. email address.