TREATIES AND OTHER INTERNATIONAL ACTS SERIES 15-609

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DEFENSE

Cooperation

Agreement Between the

UNITED STATES OF AMERICA

and ESTONIA

Effected by Exchange of Notes at

Tallinn May 11 and June 9, 2015 
 NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
 ESTONIA

 Defense: Cooperation

 

Agreement effected by exchange of notes at 

 Tallinn May 11 and June 9, 2015; 

 Entered into force June 9, 2015.
No. 30/2015 

The Embassy of the United States of America presents its compliments to 

the Ministry ofForeign Affairs of the Republic of Estonia and has the honor to 

recall the rights and obligations of the United States of America and the Republic 

of Estonia in the North Atlantic Treaty, done at Washington, April4, 1949; and the 

Agreement Between the Parties to the North Atlantic Treaty Regarding the Status 

oftheir Forces, done at London June 19, 1951 (hereinafter ''the NATO SOFA"), 

and the intent to supplement the provisions thereof. The Embassy has the further 

honor to propose the following Agreement between the Government of the United 

States of America and the Government of the Republic of Estonia (hereinafter 

collectively referred to as ''the Parties" and individually as "Party") regarding 

access to and use of facilities and areas located within the Republic ofEstonia, for 

the purposes of enhanced defense cooperation: 

"United States forces" shall be defined as the entity comprising members of 

the force and civilian employees of the United States Department of Defense, and 

all property, equipment, and materiel of the United States Armed Forces present in 

DIPLOMATIC NOTE 
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the Republic of Estonia. "United States contractors" shall be defined as nonEstonian companies and firms, and their employees who are not nationals of the 

Republic of Estonia, under contract or subcontract with or in support of the United 

States Department of Defense present in the Republic of Estonia. "Members of the 

force" means the "force" as used in Article I of the NATO SOFA. 

Recognizing the mutual benefit of the presence of United States forces in the 

territory of the Republic of Estonia, the Republic of Estonia shall furnish the 

following agreed facilities and areas, to which United States forces and United 

States contractors shall have unimpeded access, for activities undertaken in 

connection with this Agreement: L Amari Air Base; 2. Central 

Training Area; 3. Tapa Garrison; and 4. such other facilities and areas in the 

territory of the Republic ofEstonia as may be provided by the Republic of Estonia 

in the future as mutually agreed by the Parties. Facilities and areas provided by the 

Republic of Estonia may be designated either for the exclusive use of United States 

forces or for joint use by United States forces and Estonian Defense Forces. 

"Unimpeded access" shall include the unrestricted right of United States 

forces, United States contractors, and vehicles, vessels, and aircraft operated by or 

for the United States forces to access and use facilities and areas for visits, training, 
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exercises, combined training activities, transit, support and related activities, 

refueling of aircraft, temporary maintenance of vehicles, vessels and aircraft, 

accommodation of personnel, communications, prepositioning of equipment, 

staging and deploying of forces and materiel, humanitarian activities, and such 

other purposes as mutually agreed to by the Parties. United States forces shall have 

freedom ofmovement and access to and use of mutually agreed transportation, 

storage, training, and other facilities required in connection with activities under 

this Agreement. 

In making agreed facilities and areas available, and in the use of such 

facilities and areas, the Parties shall give due regard to operational and security 

concerns. 

United States forces shall be authorized by this Agreement to exercise all 

rights and authorities within those agreed facilities and areas that are provided for 

the exclusive use of United States forces that are necessary for their use, operation, 

defense, or control, including to take appropriate measures to maintain or restore 

order and to protect United States forces and United States contractors. United 

States forces intend to coordinate such measures with the appropriate Estonian 

authorities. 
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The Republic of Estonia shall furnish the agreed facilities and areas to 

United States forces without rental or similar costs, including facilities and areas 

jointly used by United States forces and Estonian forces. United States forces shall 

cover all necessary operations and maintenance expenses associated with their use 

of facilities and areas. 

United States forces and United States contractors shall be authorized by this 

Agreement to undertake construction activities on, and make alterations and 

improvements to, agreed facilities and areas covered by this Agreement. The 

Republic ofEstonia shall facilitate United States forces' efforts in these 

undertakings by ensuring that such construction, alterations, and improvements 

have the necessary Estonian authorizations. United States forces shall consult with 

Estonian authorities on issues regarding such construction, alterations, and 

improvements based on the two governments' shared intent that the technical 

requirements and construction standards associated with any such projects 

undertaken by or on behalf of United States forces should be consistent with the 

requirements and standards of both Governments. United States forces may carry 

out construction works with its members of the force. 
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United States forces shall be authorized by this Agreement to preposition 

and store defense equipment, supplies, and materiel to and within the agreed 

facilities and areas, and to and within other locations as mutually agreed, and the 

locations where such defense equipment, supplies, and materiel are stored shall be 

for the exclusive use of United States forces. The United States shall retain title to 

all equipment, materiel, and supplies, relocatable structures, and other moveable 

property that have been imported into or acquired within the territory of the 

Republic of Estonia in connection with this Agreement. 

The Governments of the United States of America and the Republic of 

Estonia shall take all reasonable measures to ensure the protection, safety, and 

security of United States property from seizure or conversion without the prior 

written consent of the Government of the United States of America. 

United States forces may contract for any materiel, supplies, equipment, and 

services (including construction) to be furnished or undertaken in the Republic of 

Estonia without restriction as to choice of contractor, supplier, or person who 

provides such materiel, supplies, equipment, or services. Such contracts shall be 

solicited, awarded, and administered in accordance with the laws and regulations 

of the Government of the United States of America. Acquisition of articles and 
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services in the Republic of Estonia by or on behalf of the United States forces in 

connection with activities under this Agreement shall not be subject to any taxes or 

similar charges in the Republic of Estonia. 

All obligations of United States Forces under this Agreement are subject to 

the availability of appropriated funds authorized for these purposes. 

The Parties may enter into implementing arrangements to carry out the 

provisions of this Agreement. 

Any divergence in views or disputes regarding the interpretation or 

application of this Agreement are to be resolved at the lowest competent level. 

Should those efforts be unsuccessful, such divergences and disputes shall be 

resolved by the Parties through further consultations and shall not be referred to 

any national or international court, tribunal, or other similar body, or any third 

party for settlement. 

This Agreement shall remain in force for two (2) years. It may be extended 

by mutual agreement of the Parties or terminated by either Party with one (I) year 

notice. 
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The Embassy further proposes that, if the abovementioned proposal is 

acceptable to the Government of Estonia, this note, together with the Ministry's 

affirmative reply note, shall constitute an agreement between the two 

Governments, which shall enter into force on the date of the Ministry's reply note. 

The Embassy of the United States of America avails itselfofthis 

opportunity to renew to the esteemed Ministry ofForeign Affairs of the Republic 

of Estonia the assurances of its highest consideration. 

Embassy of the United States of America, 

Tallinn, May 11,2015. 
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.tWin.ist.ry of Foreig.tJ Affairs 

Republic of Estonia 

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No.~S.~-~~~-~--

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NOTE VERBALE 

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The Ministry of Fo~eign Affairs of the R~public of EstOnia present their compliments to the J 

Emb_m;sy of the United States of Ameri<2a-~d ha.v~ the honour to refer to the Embassy's Note ; ··;· ·-. ..- ) . ' . ~. 

No. 30/201?._, dated-11 May 2015, which reads as follows: ..__f· _.,.. 

\ .•. 

· "The Embassy of..!fie United States of America presents its compliments to the Mini~ ·of, • .......... j ' 

--' ,f~reign' Affairs of the ReplJ~lic----bf Estonia· and has the hoil~t to r~call ·the rights ancf \/ / .·• \ { r . 

oblig~ons ofthe United.StatesJ>fAmerica'and the Republic of Estonia-in ~e North Atlantic . ~- -- ; --" / 

treaty, done_, at Washington, April 4,'.1949; ·and the Agre;m.ent between the--Parties to tlie ',. ' _..) . . ) .-, - ·-"' .•. -

North Atlantic Treaty Regarding the Status of their Forces, done at London June 19, 1951 

I .• .. '\ .:~ . '"' . -\-... ~-- , .. '-- . 

(hereinafter. "the NATO SOFA"), an,d the_ intent; to supplement. the provisions thereof. The ) .,.- ···-J· , -:-. .:__ ... . '- ' 

Emba$SY ~ th~ further honor to propose the following .t\greemerifbetween the Government 

" of the United Sta~~s of Amenca and the Goveiiiinent Qf the. Rep~blic of Estoni{ (hereinafter ~-- .. -, . ~ ,__ '-- I 

collectively referred to as ''the Parties" and individually as "Party") ).egardii::J.g access tq attd •• - ;:.. ( _.,...... \ \ . ../ 1 .. _ 

use of facilities _and areas located within-~~ Republic of Estonia, for the putpos.~s of enhanced .. / . / -- \/ ,_ 

defense cooperation: 

T-Q the Embassy 

of the United States of America 

TALLINN 

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"Unite~ States forces?' shall be defined as tire entity comprising members of the force and 

civilian employees ofthe_United States Dep~erit ofDefense, and all property, equipment, 

and materiel of the United States Armed Fm:ces present in 'Qle Repuolic of Estonia. "United 

States contractors" shall be de:fl:ned as non-Estonian companies and firms, and th~ir 

employee-'s w~o are not nationals of the Republic of Estonia, under contract or subcontract 

with or in support o.f-the United States Department of Defense present in the Republic of 

Estonia. "Members of the force" means the "forc_e" as used in Article I of the NATO SOFA 

Recoguizing the mutual benefit of the p1es-euce of United States forces iu the tenit01·y uHht: 

Republic of Estonia, the-~epublid of Estonia shall furnish the following agreed facilities and 

areas, to which United Sta~ forces and United States conttaqto~ shall have llliiinpede<:( 

access, for activities undertaken in cor\nection with this Agreement: 1. Amari AifBase; 2. 

Central Training Atea; 3. Tapa Garrison-; and4. such other,{aciffties and areas in the territory - . , of tb,e Republic of Estonia as may be provided by the Repubij_c Of Estonia in thy. future as ·- ~ ' ' ' 

.mutually agreed by the Parties. Facilities and areas provided by the Republic of Estonia may 

be designated either for the excl~~ive use of Uq_it~d States forces or for joint use by United ...... 

States forces and Estonian Defense Forces. 

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"Unimpeded access" shall include. the unrestricted right ofUnited Stattys forces, United States 

contractorS, and' vehicles, vessels, and aircraft operated by or for the United States forces to 

access and use facilities (lnd areas for visits, tqrining, exercises, combined tr-?i,ning activities, 

' transit, support and related activities, refueling of aircraft, temporary maintenance of vehicles,' 

~ssels and aircraft,. accommodation of personnel, communications, prepositioning of 

equipment, staging and deploying of forces and materiel, humanitarian activities, and such 

other purposes as mutually agreed to by the Parties. United States forces shall have freedom 

of movement and access to and use of mutUally agreed transportation, stora_ge, training, and 

other facilities required in connection with activities under this Agreement. 

/ ... 3 
In making agreed facilities and areas available, and in the use of such facilities and areas, the 

Parties shall give due regard to operational and security concerns. 

United States fortes shall be authorized by this Agreement to exercise all rights and 

authorities Within those agreed facilities and areas that are provided for the exclusive use of 

United States forces that are necessary for their use, operation, defense, or control, including 

to 'take appr?Pnfite measures to maintain or restore order and to protecfUnited States forces 

and United States contractors. United'States forces inten'd to coordinat-e such measures with 

the appropr;i51te Estoni~ authorities. 

" The Republic of Estonia shall furnish the agreed facilities and ar:as to United States forces 

without rental or similar costs, inclu~g facilities and areas jointly used by United Stat;es . -.. \. 

forces and Estonian furces. United States forces shall-covet all necessary,operations and 

maintenance expenses associated wi:th their use of facilities and areas. 

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United States forces and United States contractors shall be authorized'by fu!s Agreell!ent to 

undertake construction activities on, and make alterations and improvemen~s tO;···agreed 

faciliti~s and ~~ covered by this.Agreement. The. Republic of Estonia shall ~a'cilitakUnitM 

States forces' efforts in these undertakings by ensuring that such construction, a!_tera.J.ions, and -....... 

improvements have the necessary Estonian authorizationS. United States forces shall consi.ilt 

with Estonian authorities em issues regarding · such constructioti, alterations, an.d 

improvements based on the two governments' shared !lltt::nt that the technical requirements 

and construction standards associated with any such projects undertaken by or on behalf of 

United States forces should be consistent with the requirements ~d standard$ of both 

Governments. United States forces may carry out conStruction works with its .members of the 

force. 

/ .. .4 

) 
United States forces shall be authorized by this Agreement to preposition and store defense 

equipment, supplies, and materiel to and within the agreed facilities and areas, llhd to anq 

within other locations as mutually agreed, and the locations wh~re such defense equipment, 

supplies, and materiel are stor~d shall be for the excluSive use of United States forces. The 

United States shall retain title to all equipment: materiel, and supplies, relocatable st:ructures, 

and other moveable,..property that have been imported into or acquired within the territory of 

the Republic of Esto!ria in connection with this Agreem~~V. '-

/ ' 

The Guvt:m.uheuts of the u-nited States of Americft. and thq_ Republic of Estonia shall take all j 

reaso~ble measures to ensurelhe pro!ectioii, safety, and security o~ United States prope~-

fron:;~. seizure or conversion without the prior written consent of the Goverryp.eiit ofthe Ufi!teq 

States of America. / ' 

I 

United, Staj.es f6rces- inay contract for· any materiel, supplies, equipment, and services 

(including ~nstructiQi:l) tQ be :fjJ_rnished c;-r un_g_ertakeli ~ the Republic ofEstoni~CWithout 

restriction as to choice of contractort supplier,--or "person- who provides such materiel, 

supplies, equipment, or services. Such ~ontracts sh~l be solicited, awarded, and administered 

in accordance with tlie laws and regulations of the Government of the-United States of 

America. Acquisition of articles aild services in the Republlc of Estonia by or on behalfofthe ' / 

J]nited States forces iii connection with activities under this Agreement shall not be subject to '·, 

any taxes or similar charges in the Repu~lic off:stonia. 

All obligations of United States Forces under this Agreement are subject to the.aV~ability of 

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appropriated funds authorized for these purposes. 

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. TQe Parties may enter into itnplementing arrangem~nts to carry out the provisions of this 

Agreement. 

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Any divergences in views or disputes regarding the interpretation or application of this 

' Agreement are to be resolved at the lowest competent leveL Should those efforts be \ 

unsuccessful, such divergences and disputes shall be resolved by the ~arties tQrough further 

consultations,and shall not be referred to any national or international ci>Urt, tribunal, or other 

similar body, or any third party tor settlement. 

This ~greement shall ~main in force for two (2) yeJU"S. It may be extended by mutual -

agn;ement of the Parties or"terminated by either.,Party-with-~ne (I) year notice. 

The Embassy further proposes that, if the abovementioned propOsal is acceptable ~o the_ 

Goveiiirilent of Estonia, (this note, together with tl!e Ministry's affirmative reP-ly note, 4hall 

constitut~ an agreement between the two Gove?nments, which shall enter into force on 'th5 

date of the Ministry's reply note. 

The E!P-bassy of the United States of America avails itself orthis oppo~ty to renew to the 

esteemed Ministry ofForei~ Affairs of the Republic of Estonia the a:>surahces of its higliest 

consideration." \ 

The rvfjnistry of Foreign Affairs of the Republic ef Estonia' confirm that the foregoing is / ' 

acc.eptable to the Government_ofthe-Republic ofEstonia_Accordingly the Embassy's Note - / -

and this reply Note shall constitute the Agreement between the Government of _!he Republic 

of Estonia and the Government of the \)mted States or' America regarding the Use of Areas 

and Facilities ofthe Estonian Defense Forces., wfiich shall enter into force on the date of this 

' 

Note. 

The Ministry of Foreign Affairs of the Republic of Estonia avail themselves of this 

Tallinn, 9 June 2015