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ji ,Ų-; įl, tfl ,ņ,o/b n l- rs/,us .t DoNAĪloN AGREEMENT BETWEEN EsĪoNlAN M|NlsTRY oF ĪHE lNTER|oR, EsĪoNlAN MlNlsTRY oF FINANCE AND EsToNlAN MlNlsĪRY oF JUsT!cE, AND UNITED sTATEs DEPARTMENT oF sĪAĪE Īhe Government of the United States of Amerįca supports the development of cyber forensic investigative capabilities of Estonia. Current agreement sets up terms and conditions for strategic cooperation between the Bureau of lnternational Narcotics and Law Enforcement Affairs, withĪn the U.s. Department of State and Estonian state authorities responsible for countering cybercrimes. The agreement specifically regulates donatįon of special equipment and provision of training and is intent to enhance the investigative capabilities of the Estonian state authorities and agencies responsible for investigation of cyber-crimes. 1-. Participants: The United States Department of State - Bureau of lnternational Narcotics and Law Enforcement Affairs. (Hereinafter referred to as: DONOR) And Estonian state authoritįes and agencies responsible for countering cybercrimes, specifically: Īhe Estonian Ministry of the lnterior and its Police and Border Guard Board Īhe Estonian Ministry of Finance and its Tax and Customs Board The Estonian Ministry of Justice and its Forensic Science lnstitute of the Republic of Estonia and Īhe State Prosecutors office (Hereinafter referred to as: REC!PlENĪs) w U.S. Department of State ProperĘ Transfer Document -ę This Donatįon Agreement serves as an official record for equĪpment transferred by the Donor to the Recipients. The activities and specific descriptions are expected to be jointly determined and outlined in separate documentation (Appendix A) and expected to be regularly reviewed and updated as appropriate. Appendix A (attached). ĪERMs AND coNDlĪloNs 1. Īitle Īitle to all property with funds provided by the U.S. Government reflected within this Donation Agreement shall be to the REclPlENĪs, unless otherwise specified. 2. Property A. Property furnished to the RECIPIENĪS through f unds provided by the U.S. Government shall be used only in ways that are consistent with the purposes for which such property was made available. The RECIPIENTS agree to return to the Donor or reimburse the Donor for any property that it obtains under current agreement which is not being used for the purposes for which it was intended, is being reported improperly or not being used in accordance with the provisions of current Donation Agreement, that the receiving party forfeits their receipt of said U.S. Government Property. The REC|PlENĪS shall not authorize the re-export, transfer, loan, sale, or other disposition of any property provided to it under the Donation Agreement without the prior written authorization of the U.S. Government. Any funds derived from the sale of any property furnished by the U.S. Government to the project shall be used in the furtherance of the objectives of the project under the Donation Agreement. B. All property, including all equipment, supplies and material furnished or funded attached to this Donation Agreement, shall be accounted forto the U.5. Embassy and maintained by the RECIPlENĪS in no less rigorous manner than would be used if the property, including all equipment, supplies and material, were acquired by the RECIPIENTS with the RECIPIENTS's own funds. C. No property may be modified in a way that changes its export license classification without the express written permission of the Donor. D. Unless Donor consents to other disposĪtion the REC|PlENĪS will return to the Donor for such use or disposition as the Donor considers īn the best interests of the United States, such articles or related training or other defense service which are no longer needed or not being used for the purposes for which furnished. 3. Monitoring and Evaluation The donated equipment shall be subject to end use monitoring for a period of five years. During the monitoring period, the Donor shall have the right to monitor if the equipment is being used in accordance with the terms of the Donatįon Agreement by contacting the specific Recipients's agency using contacts set in the Donation Agreement. ln confirming the appropriate end use of provided equipment, the donorseeks a general characterization of the equipment's use and effectiveness, and any information sharing is expected to be carried out in accordance with applicable national law and European Union regulations. 4. Īaxes Donor is not assumed to pay any taxes, duties or other charges on equipment, materials, training, or services provided under thįs Donatįon agreement. lmplementation of this provision, as needed, is expected to be conducted by the Participants in accordance with Estonian law. 5. U.S. Government Specific A. Never dispose of transfer documents or disposal records involving defense articles and the host government. B. ln the case of the loss, theft, or unauthorized access of any defense article, report the incident in writing (in conjunction with the host government) by following all guidance in Section of 127.12 of the |TAR to the Directorate of Defense Trade Controls (DDĪC), office of Defense Īrade Controls Compliance and the Department of Defense, Defense Īechnology Security Administration no later than 1-5 days from the date of occurrence or finding. 6. Recipients and related agencies mentioned above are specifically responsible for: A. Maintain positive control and physical security of the equipment related to the current DonatĪon Agreement. B, Secure the equipment in a secured, locked facility when the property is not in use. C. Secure the equipment and be responsible for maintaining control of the property at all tįmes. D. Conduct once a year !00% physical count inventories by serial number. E. Permit the U.S. Government to conduct physical inspections of all inventories upon specific request to the specific Recipient's agency. F. lnthecaseoftheloss,theft,orunauthorizedaccessofequipment,reporttheincidentinwritingto the INL EUM Official at Post no later than L5 days from the date of occurrence or finding. 7. Point of Contacts regarding to the obligations stipulated in the article 7 of this transfer document l-. Estonian Police and Border Guard Board: Development Department, Prevention and Offence Proceedings Bu rea u, Crim inalistics Service Owner 2. Estonian Forensic Science lnstitute: lT Department 3. Prosecutors office: General AdmĪnistrative Department 4. Estonian Tax and Custom Board: lnvestigation Department 8. Final Clauses A. This transfer document shall enter Īnto force upon signature by authorized representatives of Parties. B. Modįfications to this transfer document may be made as agreed by the Parties and issued as amendments. C. Either Party may termįnate this transfer document by giving the other Party 90 days prior written notice of its intention to terminate. The U.S. Government may suspend its obligations under this transfer document in whole or in part upon giving the REC|PIENTS wrįtten notice with įmmediate effect. D. Notwithstanding the termination of the Donatįon Agreement or this transfer document, the obligations of the RECIPIENTS under Section lll of this transfer document relating to the use of property shall continue to apply without respect to tįme unless otherwise agreed in writing by the Parties. FoR THE EsToNlAN MlNlsTRY oF ĪHE FoR THE DEPARĪMENT oF STAĪE oF INTERIOR ĪHE UN|ĪED sĪAĪEs oF AMER|CA ļ^^* /",ū1ĄĻ Tarmo Miilits lNL EUM offįcial Secretary General United States Embassy, Tallinn, Estonia FoR ĪHE EsĪoNlAN MlNlsĪRY oF FINANCE Merįke Saks Secreta ry-Ge nera I FoR ĪHE EsToNlAN MlNlsĪRY oF JUsTlcE Tõnis Saar Secretary Ge