D I P L O M A T I C P R I V I L E G E S A N D I N F I N L A N D M I N I S T R Y I S B N I S B N F O R F O R E I G N A P R I L 2 0 1 3 9 7 8 - 9 5 2 - 2 8 1 - 0 8 9 - 2 9 7 8 - 9 5 2 - 2 8 1 - 0 9 0 - 8 ( P D F ) I M M U N I T I E S A F F A I R S C O N T E N T S 1 ARRIVAL AND DEPARTURE ................................................................................................ 6 1.1 Personnel Categories ....................................................................................................... 6 1.2 Visa Requirements............................................................................................................ 7 1.3 Notifications ...................................................................................................................... 7 1.4 Residence Permits ............................................................................................................ 8 1.5 Identity Cards.................................................................................................................... 9 1.6 Personal Identity Number................................................................................................ 11 1.7 Heads of mission ............................................................................................................ 12 1.7.1 Agrément ................................................................................................................. 12 1.7.2 Arrival ...................................................................................................................... 12 1.7.3 Presentation of Credentials and other Appointments ............................................... 13 1.7.4 Departure................................................................................................................. 14 1.8 Chargé d'affaires ad interim ............................................................................................ 14 1.9 Military Attachés ............................................................................................................. 14 1.10 Career Consuls ........................................................................................................... 14 1.11 Honorary Consuls........................................................................................................ 15 1.12 Locally Employed Staff ................................................................................................ 16 1.13 Private Domestic Staff ................................................................................................. 17 1.14 Family Members .......................................................................................................... 17 1.14.1 Definition of Family Members................................................................................... 17 1.14.2 Access to the Finnish Labour Market ....................................................................... 18 2 IMMUNITY AND INVIOLABILITY ......................................................................................... 20 2.1 General ........................................................................................................................... 20 2.2 Diplomatic Immunity........................................................................................................ 20 2.3 Inviolability ...................................................................................................................... 21 2.3.1 Inviolability of the Mission Premises, Residences and other Property ...................... 21 2.3.2 Personal inviolability ................................................................................................ 21 2.4 Table .............................................................................................................................. 22 2.5 Respect for Local Laws and Regulations ........................................................................ 23 2.5.1 Parking Fines........................................................................................................... 23 2.5.2 Police Traffic Control................................................................................................ 24 2.5.3 Driving Under the Influence of Alcohol, Drugs or Medicines ..................................... 24 2.6 Waiving the Immunity...................................................................................................... 24 3 TAXATION ............................................................................................................................ 25 3.1 General ........................................................................................................................... 25 3.2 Business Identity Code ................................................................................................... 25 3.3 Income Tax ..................................................................................................................... 25 3.4 Net Wealth Tax ............................................................................................................... 26 3.5 Inheritance and Gift Tax.................................................................................................. 26 3.6 Real Property Tax ........................................................................................................... 26 3.7 Transfer Tax ................................................................................................................... 27 2 4 5 6 7 3.8 Value Added Tax (VAT) .................................................................................................. 27 3.8.1 VAT Exemption from Purchases in Finland .............................................................. 28 3.8.2 VAT Exemption from Purchases within the EU ........................................................ 28 3.9 Excise Duties .................................................................................................................. 29 3.9.1 Acquisition of Products exempt from Excise Duty .................................................... 29 3.9.2 Excise Duty on Fuel ................................................................................................. 30 3.9.3 Excise Duty on Electricity......................................................................................... 31 3.10 Customs Duties ........................................................................................................... 31 3.10.1 Exemption from Customs Duties.............................................................................. 31 3.10.2 Exemption Procedure .............................................................................................. 31 3.11 Exportation of Goods................................................................................................... 32 MOTOR VEHICLES .............................................................................................................. 33 4.1 Importation and Acquisition of tax-free Motor Vehicles.................................................... 33 4.1.1 Customs Clearance ................................................................................................. 34 4.1.2 Vehicle Inspection.................................................................................................... 34 4.1.3 Third-Party Motor Insurance .................................................................................... 35 4.1.4 Registration of tax-free Motor Vehicles .................................................................... 35 4.2 Acquisition and Registration of used Motor Vehicles (acquired in Finland)...................... 36 4.3 Use and Sale of tax-free Motor Vehicles ......................................................................... 36 4.3.1 Sale of tax-free Motor Vehicles ................................................................................ 36 4.3.2 Export of tax-free Motor Vehicles ............................................................................. 37 4.4 Sale and Export of used Motor Vehicles (acquired in Finland) ........................................ 38 4.5 Other Vehicles ................................................................................................................ 38 4.6 Exemption from Excise Duty on Fuel .............................................................................. 38 4.7 Diplomatic Parking Places in Helsinki ............................................................................. 39 4.7.1 Residential Parking in Helsinki ................................................................................. 39 4.7.2 Snow Removal and Street Maintenance .................................................................. 39 4.8 Driving Licences ............................................................................................................. 40 4.9 Miscellaneous ................................................................................................................. 41 SOCIAL SECURITY AND HEALTH CARE ........................................................................... 42 5.1 Social Security ................................................................................................................ 42 5.2 Health Care .................................................................................................................... 42 5.2.1 General.................................................................................................................... 42 5.2.2 European Heath Insurance Card ............................................................................. 43 SECURITY AND PROTECTION OF THE MISSIONS AND STAFF MEMBERS ................... 44 6.1 Emergency Situations ..................................................................................................... 44 6.2 Protection of the Missions and their Staff ........................................................................ 45 6.3 Damages ........................................................................................................................ 45 6.4 Acquisition, Possession and Carriage of Firearms .......................................................... 45 6.5 Vehicles .......................................................................................................................... 46 6.6 Demonstrations............................................................................................................... 46 6.7 Elections ......................................................................................................................... 47 MISCELLANEOUS ............................................................................................................... 48 7.1 Helsinki Airport................................................................................................................ 48 7.1.1 Access to the Gates................................................................................................. 48 3 7.1.2 Flights arriving from outside the Schengen Area ...................................................... 48 7.1.3 Security ................................................................................................................... 49 7.1.4 VIP Services ............................................................................................................ 49 7.1.5 Heads of State and their Delegations....................................................................... 49 7.2 Diplomatic Consignments ............................................................................................... 50 7.3 Television Licenses......................................................................................................... 50 7.4 Radio Transmitters.......................................................................................................... 50 7.5 Alcoholic Beverages ....................................................................................................... 51 7.5.1 Official and personal Use ......................................................................................... 51 7.5.2 Exemption from Excise Duty .................................................................................... 51 7.5.3 Gifts ......................................................................................................................... 51 7.6 Pets ................................................................................................................................ 52 7.7 Building Permits .............................................................................................................. 52 7.8 Finnish Educational System ............................................................................................ 52 7.9 Helsinki Region Transport ............................................................................................... 52 7.10 Fishing Fees................................................................................................................ 53 CONTACT INFORMATION .......................................................................................................... 54 4 INTRODUCTION The Protocol Services of the Ministry for Foreign Affairs of Finland have the pleasure to provide the missions and their staff members with an updated version of the handbook entitled Diplomatic Privileges and Immunities in Finland. The purpose of this handbook is to facilitate the arrival and residence of the foreign members of missions and their family members. It is meant to act as a general guide to the most essential diplomatic privileges and immunities and to the common practical issues that members of missions may encounter in Finland. In case of disputes, reference should be made primarily to the Vienna Conventions or to the Finnish legislation. The information presented in this handbook is subject to change without prior notice. An online version, which will be updated when needed, is available on the Ministry´s web site at http://formin.finland.fi (please choose English Ministry Organisation Protocol Services) The privileges and immunities of foreign diplomatic missions and consular posts, staff members as well as of their family members in Finland are governed by the Vienna Convention on Diplomatic Relations of 1961 (VCDR), and by the Vienna Convention on Consular Relations of 1963 (VCCR). Further provisions on the implementation of the Conventions are given in the Finnish national legislation. Finland has also concluded bilateral agreements with a number of states, concerning such matters as gainful employment of family members. The status of the staff of different international organisations is primarily governed by the agreements Finland has concluded with the organisations. These agreements are not specifically referred to in this handbook. Based on the principle of reciprocity, career consular officers are generally granted the same privileges as the diplomatic staff of missions. As a rule, consular employees and the administrative and technical staff of diplomatic missions are regarded as equals. Contact information of the authorities mentioned in the text can be found in the last chapter of the handbook. More information can be obtained from the Protocol Services on request. The Protocol Services wishes all members of missions and their family members a pleasant stay in Finland. Ministry for Foreign Affairs Protocol Services Laivastokatu 22 A PO Box 176, 00023 GOVERNMENT Tel.: 0295 350 000/ + 358 295 350 000 Fax: 160 56582/ + 358 9 160 56582 E-mail: [email protected] 5 1 ARRIVAL AND DEPARTURE 1.1 Personnel Categories The following table provides a summary of the authorities responsible for issuing residence permits to the members of missions and to their family members as well as the types of identity cards issued to them by the Ministry for Foreign Affairs. These matters are described in more detail later in this chapter. The missions should take note of the fact that, as a rule, the Ministry for Foreign Affairs does not accept the assignment of Finnish nationals as diplomatic agents in Finland. If such an appointment is under consideration, missions are advised to contact the Protocol Services prior to the appointment. Personnel categories Heads of mission and diplomatic staff Ministry for Foreign Affairs Identity card type A Administrative and technical staff Ministry for Foreign Affairs B Service staff of missions (and staff of international organisations) Family members (as defined in section 1.14) Ministry for Foreign Affairs C Ministry for Foreign Affairs A/B/D (note also section 1.5) Other members of the household (not defined as family members) Finnish Immigration Service/Immigration Police/local police Issued by the Ministry for Foreign Affairs to nationals of the sending state; None Other foreign nationals: Finnish Immigration Service D Private servants Locally employed staff (see chapter 1.12) Residence permits D Immigration Police (in D for drivers Helsinki) or the local police/ Ministry for Foreign Affairs 6 1.2 Visa Requirements The members of missions and their family members and private servants, who are required to hold a visa when arriving in Finland, must obtain one prior to leaving for Finland. The application for a visa, together with a verbal note, shall be submitted preferably to a Finnish embassy or consulate abroad. The application may also be submitted to a mission of a Schengen country that represents Finland outside the Schengen area. Those members of missions and their family members who are required to hold a visa when arriving in Finland and will be assigned to duty directly from another posting in the Schengen area, should apply for a visa from the Finnish mission in the country of their posting. More information about visas is available on the Ministry´s web site at http://formin.finland.fi (please choose English Services Foreign nationals arriving in Finland). 1.3 Notifications The appointment and arrival of members of missions, their family members and private servants must be notified to the Protocol Services without delay and at the latest within two weeks of their arrival. Similarly, both the termination of duties and final departure of the persons concerned must be notified to the Protocol Services without delay and at the latest within two weeks of the departure. A duly completed notification form in three original copies, a valid passport and three recent passport size photographs of each person should be enclosed with a verbal note. A separate notification form is required of each accompanying family member and private servant. The photographs should be affixed to the notification forms, however not with staples. Each form must be duly signed and stamped. It is advisable to fill in the form on the web site and then print three copies of the form. Handwritten forms are also accepted. Electronic notification forms are available on the web site of the Ministry at http://formin.finland.fi (please choose English Services Forms Diplomatic Notification). The photographs submitted to the Protocol Services should comply with the requirements set down by the Finnish authorities. As the identity cards serve as residence permits it is important that the 7 photograph on the identity card is of good quality and the holder of the card is easily recognizable by the photograph. Photographs which do not meet necessary requirements for quality will be returned to the mission for replacement. The requirements concerning the photographs are available at http://www.police.fi/poliisi/home.nsf/pages/AAF8DA6C2A3D663AC22570910026CA45 The missions should indicate in the verbal note if they apply for a residence permit and/or an identity card for the person concerned. They are also requested to notify the estimated term of office whenever possible. If the person already has a residence permit or registration issued by the Finnish Immigration Authority or the Police this should be mentioned in the note. The missions are also requested to clearly notify the actual function of the person concerned and, as appropriate, the name of the person being replaced. As regards diplomats, the position (the rank in the diplomatic list) of the person concerned should also be notified. If applicable, multiple nationalities must also be duly notified. The Ministry will request the missions annually to send a list of their locally engaged staff and of the private servants of members of missions to the Protocol Services. 1.4 Residence Permits Pursuant to the provisions of the Finnish Aliens Act, foreign members of missions and their foreign family members need to obtain a residence permit in order to perform their duties in the mission and to reside in Finland. The same is applicable to private servants who are foreign nationals. The Ministry issues residence permits to members of missions, their family members as well as to those private servants who have the nationality of the sending state (please note also sections 1.12 and 1.13). Also children who are included in the passport of a parent receive a residence permit of their own. It should be noted that children under the age of sixteen years may be included in a parent’s passport. The passport must include a photograph of a child who has reached the age of seven years. The residence permit issued by the Ministry for Foreign Affairs is included in the identity card of the Ministry. For this purpose the identity cards contain the following text: This card authorizes residence in Finland. The residence permit stickers (Schengen stickers) and identity cards issued before 1 January 2012 by the Ministry will remain in force until their date of expiry. 8 The Ministry also issues residence permits and/or identity cards to members of the diplomatic staff of missions located outside Finland if they are assigned to perform duties in Finland, as well as to their family members. The appropriate documents for a residence permit must be submitted to the Protocol Services when visiting Finland (please note section 1.3). An identity card which does not include a residence permit may, however, be applied for by sending the necessary documents by mail to the Protocol Services (a verbal note as well as the notification forms together with copies of the passport and the local residence permit and/or identity card). Furthermore, the Ministry issues short-term residence permits to foreign persons who arrive to undertake construction or maintenance work on the premises of a mission or an ambassadorial residence. The first residence permit and/or identity card is issued for the estimated term of office in Finland, however not beyond the validity of the passport of the person concerned. If no estimated term of office has been notified to the Ministry, the first permit and/or identity card is valid for a period of two years at the most. Applications concerning an extension of the residence permit or the identity card shall be submitted to the Protocol Services by a verbal note. The passport and a recent photograph of each person concerned should be enclosed with the note. Subject to the validity of the passport extensions are issued for one year at a time or, on request, for the remaining term of office. The validity of the residence permit expires upon final departure from Finland due to the end of the posting of the staff member in Finland. This is also applicable to the family members and private servants of the staff member (please note also section 1.5). Nationals of third countries (not nationals of the EU member states, Iceland, Liechtenstein, Norway or Switzerland) who hold a valid residence permit issued by the Ministry for Foreign Affairs and a valid travel document may, as a rule, on the basis of that permit and a valid travel document, enter the Schengen area and move freely for up to three months during a period of six months within the territory of the Schengen area. 1.5 Identity Cards The Ministry for Foreign Affairs issues identity cards to members of missions, their family members and private servants for the staff member´s term of office in Finland. The identity card is not considered to be either an official document of identity or an official travel document in Finland. Its purpose is to certify the position and status of the person assigned to serve at a mission or as a family member. When serving as a residence permit it indicates the right of the person concerned to reside in Finland and to enter the Schengen area (please note also section 1.4). 9 Please note also section 7.9 (Helsinki Region Transport). The different types of identity cards are as follows: A card to Heads of mission, other diplomatic staff members and to persons having a comparable position in consulates and international organisations; B card to members of the administrative and technical staff; C card to members of the service staff of missions (such as security personnel, drivers, housekeepers and cooks) and to staff members of international organisations D card to private servants of members of missions, temporary trainees and locally engaged drivers of missions. The status of a staff member is defined in terms of his/her actual responsibilities rather than the formal status, if these do not coincide. The Ministry does not issue identity cards to locally engaged staff of missions, with the exception of drivers who receive a D card to be able to complete their official duties. The card must be renewed annually. The Ministry may reconsider the status of a member of a mission who has been residing in Finland for a longer period of time and has no imminent intention to move from Finland. This consideration may lead to a decision to restrict or withdraw diplomatic privileges and immunities from the person concerned. Family members who are not Finnish nationals or permanently resident in Finland receive an identity card corresponding to that given to the member of the mission. Those family members who are Finnish nationalities or reside permanently in Finland receive a D card. The renewal of an identity card is applied for by a verbal note. The passport and a recent photograph of the person concerned should preferably be enclosed with the verbal note (please note also section 1.3). The missions are requested to return the identity cards of departing members of missions and family members to the Ministry without delay and at the latest within two weeks of the termination of their duties and final departure from Finland. However, it should be noted that nationals of third countries (not nationals of the EU Member States, Iceland, Liechtenstein, Norway or Switzerland) need to carry the identity card with them 10 when they depart from the Schengen area. The card should be returned to the Ministry at the latest within two weeks of their departure from the Schengen area. 1.6 Personal Identity Number Pursuant to the Act on Population Information System Foreign, staff members of diplomatic missions, career consulates and international organisations as well as their foreign family members and private servants can, upon their own request, inform their basic data to the Population Information System and obtain a technical identity number. The purpose of the identity number is to facilitate the everyday life of staff members and their family members in Finland, e.g. in situations where an identity number is needed for different types of contracts. The registration is free of charge. The registration takes place at the local register office (maistraatti) nearest to the place of residence of the person concerned. The list of the register offices and information about their office hours are available on the following web site: http://www.maistraatti.fi/en/Contact-Information/ A staff member who wishes to obtain an identity number must visit a local register office personally and fill out and sign a registration form (Registration of Foreigners) at the register office. This concerns also accompanying family members who wish to obtain an identity number. The registration form is available in Finnish, English, Swedish and Russian. It is not available on the Internet. The personnel of the register office will advise the applicant on completing the registration form. The basic data required for the registration includes the person´s name, date of birth, nationality and address. The passport and the identity card issued by the Ministry for Foreign Affairs must be presented to the register office together with the registration form. The register office will issue the person a certificate which includes the person´s identity number. The certificate will be posted to the person´s address by the register office. Please note that the identity number cannot be included in the identity card issued by the Ministry for Foreign Affairs. The identity number is personal and it will be valid indefinitely. The number may not be transferred to another person. The register office must be informed of the person´s final departure from Finland. A free-form notification should be done directly to the register office by the person 11 concerned in writing. As the signature of the person is required for this notification it is advisable to send a scanned notification to the register office by e-mail. In case a person will return to Finland for a second posting later the same identity number will continue to be valid. If the person will need a new certificate of the identity number he/she should visit the local register office and present his/her passport and the identity card of the Ministry for Foreign Affairs. Also an update of the person´s address should be done personally at the register office. Personal and address data contained in the Population Information System is also used for e.g. updating of customer registers, market research, opinion polls and direct advertising. Everyone has a right to forbid the disclosure of his or her personal information by the Population Information System for these purposes. Disclosure can be forbidden by completing a form "Non-disclosure of personal information". The forms are available at the register office and on the web site of the Population Register Centre at http://www.vrk.fi/default.aspx?id=43&docid=0 The technical identity number does not have a constitutive effect on the rights of the staff members and their family members which arise from international agreements and the Finnish legislation e.g. concerning social security benefits or domicile. The purpose of the identity number is merely to identify the person in situations where an identity number is used for identification purposes and for checking the person´s legal capacity. 1.7 Heads of mission 1.7.1 Agrément The sending state must ascertain that an agrément has been obtained to the person proposed to be accredited as an Ambassador to Finland. The sending state shall address its request for an agrément to the Protocol Services. The request should include a curriculum vitae of the proposed Ambassador. Having received the agrément, the sending state may accredit the designated Ambassador as its representative to Finland. 1.7.2 Arrival The time of arrival of the new Ambassador shall be notified to the Protocol Services by a verbal note. 12 On arrival, the new Ambassador will be met at the Helsinki Airport or the Helsinki Railway Station by the Chief of Protocol or his/her Deputy, provided that the arrival takes place on a weekday during office hours. Should the arrival take place during the weekend, on a holiday or outside office hours, the Protocol Services will not meet the Ambassador. However, also in this case the Protocol Services will reserve the Helsinki Airport VIP lounge for the arrival of the new Ambassador. 1.7.3 Presentation of Credentials and other Appointments The Ambassador resident in Helsinki will present copies of his/her Letter of Credence and his/her predecessor’s Letter of Recall to the Chief of Protocol. A non-resident Ambassador will present the copies to the Secretary of State or in his absence to the Under-Secretary of State. Protocol Services will take care of the arrangements. Protocol Services will arrange a date for the presentation of the Letter of Credence with the Office of the President of the Republic. Ambassadors residing in Helsinki present their Letter of Credence in an order based on the date of their arrival in Finland, while non-resident Ambassadors present their Letter of Credence in an order that the sending states have submitted their request for presentation of the Letter of Credence to the Protocol Services. Ambassadors residing in Helsinki will be given precedence. In connection with the presentation of the Letter of Credence, the mission has an opportunity to introduce to the President of the Republic a maximum of four other members of the diplomatic staff of the mission. Ambassadors Extraordinary and Plenipotentiary are considered to have taken up their official functions after they have presented their Letter of Credence to the President of the Republic. After presenting his/her Letter of Credence, the Ambassador resident in Helsinki is invited to a welcome lunch hosted by the Secretary of State. At the lunch the new Ambassador and his/her Adviser will have an opportunity to meet relevant counterparts from the Ministry for Foreign Affairs and other State Offices. Protocol Services will take care of the arrangements, including invitations. The Minister for Foreign Affairs will meet the Ambassador resident in Helsinki after the presentation of the Letter of Credence. The date shall be arranged directly between the Embassy and the Foreign Minister’s office. Chargés d'affaires en pied are accredited to the Minister for Foreign Affairs. The Mission shall address a request for an appointment with the Minister by a verbal note to the Protocol Services. The Protocol Services will inform the Mission of the date of the appointment. 13 1.7.4 Departure The missions shall inform the Protocol Services of the date of termination of office of the Ambassador and his/her final departure by a verbal note. The departing Ambassador resident in Helsinki may request through the Protocol Services a farewell visit to the President of the Republic and to the Minister for Foreign Affairs. If the Ambassador has resided in Finland for at least three years and there is reciprocity on the exchange of decorations, the President of the Republic will grant him/her a decoration of the Order of the White Rose of Finland or Lion of Finland. When the Ambassador departs from Finland on a weekday during office hours, the Chief of Protocol or his/her Deputy escorts him/her to the Helsinki Airport or the Helsinki Railway Station. Protocol Services reserve the VIP lounge at Helsinki Airport for departing Ambassadors in the same way as upon their arrival. 1.8 Chargé d'affaires ad interim If the sending state accredits a Head of mission to Finland from another state it may establish a diplomatic mission headed by a Chargé d’ affaires ad interim in Finland. A Chargé d'affaires ad interim may also act provisionally as the Head of mission. A Chargé d'affaires ad interim shall be named if the post of a Head of mission is vacant or a Head of mission is for a reason unable to perform his/her functions. The name of the Chargé d'affaires ad interim shall be notified to the Protocol Services by a verbal note. In situations where none of the members of the diplomatic staff is present, a member of the administrative or technical staff may be designated as the person in charge of the current affairs of the mission. 1.9 Military Attachés The sending state shall request the Ministry for Foreign Affairs to approve the appointment of a military attaché by a verbal note. The verbal note must include the curriculum vitae of the proposed person. The Ministry will reply to the request by a verbal note in due course. 1.10 Career Consuls The Vienna Convention on Consular Relations lays down provisions concerning the appointment and status of career consuls. Finland has also concluded bilateral agreements on consular relations with a number of states. 14 A consular post headed by a career consul may be established by the sending state with the consent of Finland. As a rule, the sending state shall submit a proposal by a verbal note to the Ministry for Foreign Affairs of Finland concerning the appointment of a given person as the Head of a Consulate in Finland. A consular commission or similar instrument should also be submitted to the Ministry for the purpose of issuing an exequatur. Provided that the proposal is acceptable to the Ministry it will issue an exequatur to the Head of the Consulate. Based on reciprocity, career consular officers are normally equated with the diplomatic staff of missions. Consular employees are normally considered to correspond to the administrative and technical staff of diplomatic missions. In accordance with the Vienna Convention on Consular Relations, a diplomatic mission may also exercise consular functions, in which case the status of the staff will be governed by the Vienna Convention on Diplomatic Relations. 1.11 Honorary Consuls The Finnish practice related to the establishment of honorary consulates and the admission of honorary consuls is based on the provisions of the Vienna Convention on Consular Relations. In addition, Finland has concluded bilateral agreements concerning honorary consuls with certain countries. A consular post headed by an Honorary Consul may be established by the sending state in the Finnish territory with the consent of Finland. The seat of the consular post, its classification and the consular district shall be subject to the approval of Finland. The sending state shall submit a proposal to the Ministry for Foreign Affairs concerning the appointment of a given person as the Head of an Honorary Consulate or as an Honorary Consul in Finland by a verbal note. The note shall include a statement of reasons for the establishment of an honorary consulate, the planned seat, classification and consular district of the honorary consulate and the personal data of the candidate (a curriculum vitae and an extract from the official population register). Provided that the proposal is acceptable, the Ministry for Foreign Affairs shall request the sending state to provide a consular commission or similar instrument to the Ministry for the purpose of issuing an exequatur, as well as a photograph for an identity card. A similar procedure is also applied to the admission of honorary consuls and consular agents other than those heading a consular post. Honorary consuls shall be provided with an identity card furnished with a photograph. The card must be renewed every five years. If the appointment is for a fixed period the identity card will be granted for an equivalent period of time. The Vienna Convention on Consular Relations lays down provisions on the facilities, privileges and immunities applying to honorary consuls and honorary consulates. In Finland, honorary consulates are not allowed to designate diplomatic or consular couriers or to use diplomatic or consular bags. 15 1.12 Locally Employed Staff The missions may employ persons who reside in Finland at the moment of employment as locally engaged staff. It is the opinion of the Finnish authorities that, as a rule, the mandatory and absolute provisions of the Finnish labour and social laws must be observed whenever a mission hires local staff. Many benefits granted by the society require that a person has a domicile (“kotipaikka”) in Finland. The local register office (“maistraatti”) provides information about domicile issues (www.maistraatti.fi). It is advisable to contact the Social Insurance Institution of Finland (Kela) in order to make certain which social security scheme is applicable and which payments for social security benefits are obligatory for each employee. The Office for International Affairs provides service on coverage and benefit issues tel. 020 634 2650 and on pension issues tel. 020 634 2550 / e-mail [email protected]. More information on the social security scheme of Finland is also available on the web site of the Social Insurance Institution of Finland (Kela) at http://www.kela.fi/in/internet/english.nsf/ The Occupational Safety and Health Administration is the authority responsible for issues related to occupational safety. The missions may contact the Occupational Safety and Health Administration for advice in employment matters. The telephone number is 0295 016 000 (please ask for the field responsible for occupational safety and health/työsuojelun vastuualue in Finnish). It does not have, however, any competence to make inspections concerning working conditions in foreign missions. More information is available on the web site of the Occupational Safety and Health Administration at http://www.tyosuojelu.fi/fi/workingfinland The Ministry of Employment and the Economy publishes a booklet called "Industrial Relations and Labour Legislation in Finland" which contains general provisions on employment relationships in Finland. Also a booklet called “Working in Finland” provides information about living and working in Finland. The booklets are available on the Internet at www.mol.fi (please choose English Foreigners working in Finland). The page includes also other links to brochures of working life rules in Finland. 16 The provisions in chapters 3 (taxation) and 5 (social security and health care) must also be observed. 1.13 Private Domestic Staff The Ministry shall issue a residence permit to the private servants of the members of missions, who are nationals of the sending state, upon receiving a notification of their arrival. It shoud be noted that the residence permit issued by the Ministry for Foreign Affairs does not entitle the person to reside in Finland after the termination of the employment with the member of the mission. Private servants who are third-country nationals and represent other nationalities than the sending state are required to obtain a residence permit based on employment before leaving for Finland. They should visit a Finnish diplomatic or consular mission abroad and apply for such a permit before leaving for Finland. If the person resides in Finland, the application for a residence permit based on employment should be filed with the police authorities of the person´s place of residence. The residence permit will be issued in the form of a biometric residence card. According to the Finnish authorities, the Finnish labour legislation includes mandatory provisions that may not be deviated from by an agreement when employing private domestic staff. Also provisions on taxation, social security and health care must be complied with (please see also chapters 3 and 5). It is advisable to contact the Social Insurance Institution of Finland (Kela) in order to make certain which social security scheme is applicable and which payments for social security benefits are obligatory for each employee. AU PAIRS: The Finnish Immigration Service provides information on how au pairs can apply for and obtain a residence permit to work in Finland on the web site of the Immigration Service at www.migri.fi (please choose English Working Au pair). 1.14 Family Members 1.14.1 Definition of Family Members The following persons mentioned below are defined 'family members' under the Finnish Aliens Act. Pursuant to the provisions of this Act, the Ministry has competence to issue a residence permit to 17 these family members. The Ministry also consider these family members entitled to privileges and immunities as provided in the Vienna Conventions: The spouse of the person concerned; The same-sex partner, if the two persons have officially registered their relationship; A person comparable to a spouse, i.e. a person who continuously shares a household and cohabits in a relationship resembling marriage with the person concerned. The sex of the cohabitant is of no relevance; Unmarried children under the age of 18 years, whose custodian the person concerned or his or her spouse, or a person comparable to a spouse, is. Other persons living in the same household, who have the intention to reside in Finland for a period exceeding three months, and who do not meet the definition of a family member laid out above, should preferably apply for a residence permit from a Finnish diplomatic or consular mission abroad before leaving for Finland. Nationals of the EU Member States as well as those of Liechtenstein and Switzerland, who do not meet the definition of a family member, should contact the Immigration Police (in Helsinki) or a local police department for registration. Nationals of the Nordic countries are registered by the register office. 1.14.2 Access to the Finnish Labour Market Family members who are nationals of the EU Member States, as well as those of Iceland, Liechtenstein, Norway and Switzerland Nationals of the EU Member States, as well as those of Iceland, Liechtenstein, Norway and Switzerland, do not need a permit for gainful employment in Finland. If a family member finds employment in Finland, he/she can register his/her stay with the local police (in Helsinki the Immigration Police either in Malmi or in Pasila) and thereafter with the local register office (maistraatti). The register office will issue the family member an identity number for tax purposes but, as a rule, not a permanent residence in Finland. The Ministry must be informed of the registration in order for the Ministry to cancel the residence permit of the family member and to issue a new identity card to the person concerned. A family member who works in paid employment shall not, in the opinion of the Ministry, enjoy immunity from the civil and administrative jurisdiction of Finland in respect of this activity. It is requested that the Missions inform the Ministry by a verbal note that a family member who works in 18 paid employment shall not enjoy immunity from the civil and administrative jurisdiction of Finland in respect of this activity. Family members who are third-country nationals Foreign family members who are third-country nationals (who are not nationals of the EU Member States or of Iceland, Liechtenstein, Norway or Switzerland) usually need a permit to obtain gainful employment in Finland, namely a residence permit based on employment. An application for this permit is filed with the local police (in Helsinki the Immigration Police either in Malmi or in Pasila). In addition, the Mission shall send a verbal note to the Protocol Services stating that the family member does not enjoy immunity from the Finnish civil and administrative jurisdiction in respect of the employment. The Protocol Services will forward the note to the Immigration Police. According to Finnish law a person may not hold two residence permits simultaneously and accordingly, the residence permit issued by the Protocol Services will be cancelled in this connection. The person may, however, keep the identity card issued by the Protocol Services. He/she may apply for an identity number from the local register office (maistraatti) for tax purposes but as a rule, the person will not be considered being permanently resident in Finland. There are also certain short-term employments in which a family member may engage himself/herself with the residence permit issued by the Protocol Services. These employments include e.g. interpreters, teachers, experts or referees who, under contract, work for no more than three months. Finland has also concluded bilateral agreements with some states concerning the gainful occupation of family members of members of missions with a view to facilitating their employment in the receiving state. The application forms shall be filed, together with a verbal note, with the Protocol Services, which will forward them to the competent authorities. More information on permit matters and the necessary application forms are available on the web site of the Finnish Immigration Service at www.migri.fi (please choose English Residence permits Working). More information on working in Finland can be obtained on the Internet at www.mol.fi or by visiting a local employment office. 19 2 IMMUNITY AND INVIOLABILITY 2.1 General Diplomatic immunity and inviolability limit the exercise of powers by the Finnish authorities as regards the missions and their staff members but they do not restrict the validity of rights and obligations that arise from Finnish legislation. The term “immunity” covers in a wider sense both inviolability and immunity. Inviolability implies to the status accorded to persons, premises and other property. Immunity from jurisdiction means that privileged persons enjoy immunity from the administrative, civil and criminal jurisdiction of Finland subject to the provisions in the Vienna Conventions. The underlying principle behind these privileges is to ensure that foreign representatives can carry out their duties effectively in Finland. It is the duty of the privileged persons to respect the local laws as is provided in the Vienna Conventions and to present their identity card to the Finnish authorities when requested. All missions and staff members are urged to cooperate with the local police and other Finnish authorities in matters related to their privileged status. 2.2 Diplomatic Immunity The categories of privileged persons enjoying immunity are defined on the basis of their functions performed in Finland. Foreign family members of a staff member enjoy, as a rule, the same privileges and immunities as the staff member. 1) Diplomats enjoy the highest degree of immunity. Subject to the provisions of the Vienna Convention they enjoy, as a rule, a comprehensive immunity from the jurisdiction of the Finnish authorities. This applies also to heads of consulates and other consular officers on the basis of reciprocal treatment. 2) Members of the administrative and technical staff enjoy in some degree a more limited immunity than diplomats. Their immunity from the civil and administrative jurisdiction of the Finnish authorities shall not extend to acts performed outside the course of their duties. This applies also to consular employees on the basis of reciprocity. 3) Members of the service staff have a limited immunity. They enjoy immunity in respect of acts performed in the course of their duties. 4) Private servants of staff members do not enjoy any immunity in Finland. 5) Locally employed staff members are, as a rule, permanently resident in Finland and do not enjoy immunity in Finland. 20 2.3 Inviolability Subject to the provisions of the Vienna Convention the following are inviolable: - the premises of the mission, furnishings and other property thereon - its archives, documents and official correspondence of the mission - the vehicles of the mission - the diplomatic courier and the diplomatic bag - the person of diplomats, members of the administrative and technical staff and their family members - the private residences, papers and correspondence of diplomats as well as of members of the administrative and technical staff - their other property such as vehicles - as for personal baggage, see below Please note also section 6 (Security and Protection of the Missions and Staff Members). 2.3.1 Inviolability of the Mission Premises, Residences and other Property The premises of the mission are the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used for the purposes of the mission including the residence of the head of mission. The premises of the mission are inviolable so that the authorities of the sending state may not enter them without the consent of the head of mission. Accordingly, the premises of the mission, furnishings and other property thereon as well as means of transport are immune from research, requisition, attachment or execution. The receiving state must take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity. 2.3.2 Personal inviolability A privileged person is inviolable in a way that he/she shall not be liable to any form of arrest or detention. The receiving state has an obligation to refrain from exercising its sovereign rights and especially enforcement measures against a privileged person. The receiving state is also under a special duty to take all appropriate measures to protect the inviolability of a privileged person and to prevent any attack on his/her person, freedom or dignity. The residence of a diplomat and of a member of the administrative and technical staff enjoys the same inviolability and protection as the premises of a mission. Inviolability applies also to their other property. The personal baggage of a diplomat is exempt from inspection unless there are serious grounds for presuming that it contains articles the import or export of which is prohibited by law. The 21 inspection will be conducted in the presence of the diplomat or a representative. However, subject to the relevant regulations on aviation safety privileged persons and their personal baggage are liable to screening for security purposes in the airports. Refusal of the screening and further inspection may lead to a prohibition to enter the flight. Please note also section 7 (Helsinki Airport). 2.4 Table Personnel categories Immunity from jurisdiction Heads of mission, diplomats Immunity from criminal, civil, and consular officers (identity and administrative jurisdiction (with the exceptions provided card A) in the Vienna Conventions) Inviolability Person, residence, papers, correspondence, other property (like vehicles). As for personal baggage, see 2.3.2 from criminal As above Administrative and technical Immunity staff and consular employees jurisdiction; from civil and administrative jurisdiction only (identity card B) in the course of their official duties Service staff of (identity card C) missions Immunity from jurisdiction in Person in the course of official respect of acts performed in duties the course of their official duties Private servants (identity card No D) No Locally employed staff (identity No card D for drivers) No Family members (identity card Same status A/B/D) member as 22 the staff As the staff member 2.5 Respect for Local Laws and Regulations Special attention should be paid to the following situations. 2.5.1 Parking Fines In practice, most infringements of local law concern the parking regulations. Illegal parking carries a parking fine of a fixed amount. In Finland, issuing a parking fine is considered exercise of administrative jurisdiction. Central Helsinki is divided into three parking zones and a parking fee is normally charged in these areas from Monday to Friday. In zone 1 parking is usually subject to a charge also on Saturdays. The chargeable parking hours are marked on the ticket machines and parking meters. According to the Act on Parking Fines, the driver of the vehicle which has been parked illegally has the primary responsibility for the parking fine. Secondary responsibility falls on the owner of the vehicle. In case the driver of a vehicle enjoys immunity from the administrative jurisdiction of Finland, he/she may invoke immunity. A driver of a mission who is a Finnish national or has a permanent residence in Finland, is, as a rule, liable for any parking fines he/she receives while driving an official vehicle of the mission. The local parking control administration regularly provides the Ministry for Foreign Affairs with reports on the parking fines imposed on the members of missions. The Protocol Services will contact the missions whose members have repeatedly neglected to respect the parking regulations and seek to resolve the situation in a spirit of cooperation. If the driver of a vehicle considers the parking fine unjustified, he/she can file a parking fine appeal with the Customer Service of the Public Works Department within 30 days of the receipt of the fine. The appeal may be submitted in person, by post, by e-mail ([email protected]) or by fax (310 39001). The appeal should be submitted directly to the Public Works Department, not through the Ministry. In case a person wishes to invoke immunity from the administrative jurisdiction of Finland this should be informed to the Public Works Department similarly. A web form for the appeal is available on the web site of the Public Works Department at www.hel.fi (please choose English/Transport and maps/Parking and traffic/Parking Fine Appeal web form) 23 2.5.2 Police Traffic Control Every driver is obliged to pull over if requested to do so by a policeman and to present the registration documents of the vehicle and the identity card issued by the Ministry for Foreign Affairs. The police will return the documents after verification. The police authorities use automatic traffic control cameras for traffic control. These cameras record speeding of vehicles. The police authorities send notices of vehicles with CD and C registration plates to the Protocol Services. The Protocol Services will forward these notices to the relevant missions together with a form for a reply. The missions should reply to these notices. If the driver of the vehicle invokes immunity from the Finnish jurisdiction this should be mentioned in the reply as well as the status of the driver (A, B, C or D). The police authorities also send the Protocol Services police reports concerning speeding of vehicles with CD or C registration plates. The Protocol Services will forward these reports to the missions for their information. 2.5.3 Driving Under the Influence of Alcohol, Drugs or Medicines Drunken driving is a criminal offence in Finland. Persons who enjoy inviolability cannot, however, be obliged to submit to a breathalyzer, blood or urine test. Regardless of whether the person submits to the test or not, the Police may decide that it is not in the interest of public safety to permit him/her to continue driving. The Ministry for Foreign Affairs considers driving under the influence of alcohol or other intoxicating substance by a member of a mission a serious misbehaviour and shall take action when a suspicion of a violation of the law is brought to its attention by the Police. When a suspected case of drunken driving has taken place the Police authorities estimate the situation carefully. A suspicion of drunken driving is reported to the Ministry. When needed, the Ministry will request for more information concerning the incident from the Police authorities. In cases where, on the basis of the police report, there is no doubt about the condition of the driver the Ministry will either ask the sending state to waive the immunity of the person or to recall him/her. 2.6 Waiving the Immunity In the event of serious or repeated offences, the Ministry for Foreign Affairs is forced to take measures to solve the situation. Measures range from a warning to a request to the sending State either to waive the immunity of the person or to recall the person who is suspected of having committed such offences. The necessary action is considered from case to case. It should also be noted that immunity from the jurisdiction of Finland does not exempt a privileged person from the jurisdiction of the sending state. 24 3 TAXATION 3.1 General Information about the Finnish tax system is available on the web site of the Finnish Tax Administration at www.vero.fi where visitors can also find the addresses of regional tax offices. It should also be noted that reciprocity may be taken into account when exemptions from taxes and duties are granted subject to the provisions of the Finnish tax legislation. 3.2 Business Identity Code The Missions may need a Business Identity Code (Y-tunnus in Finnish) for tax purposes in Finland. The Tax Administration issues the Code upon application. The telephone number of the Tax Administration's Advisory Service is 020 697 051. The Service provides information about how to apply for the Business Identity Code. More information about applying for the code and the application forms are available on the web site of Joint business information system of the National Board of Patents and Registration and the Tax Administration at http://www.ytj.fi/english/ 3.3 Income Tax State income tax is levied on earned income according to a progressive tax scale and on investment income at a flat rate. In addition, communal tax is levied on earned income according to a flat rate set annually in advance for the next year by each municipality. Members of missions, their family members and private servants, who are not Finnish nationals, are mainly exempt from state and municipal income tax. However, they are liable to pay income tax with regard to the following income: Income derived from real property situated in Finland (except if they hold the property on behalf of the sending state for the purposes of the mission); Profits from a business carried on or income from professional activities performed in Finland not connected with duties in the mission; Income from renting a flat held by virtue of shares in a Finnish residential housing 25 company or other real estate company; Income, including pensions, from employment in Finland not connected with duties in the mission. Members of missions who are Finnish nationals are, as a rule, liable to pay income tax, as is laid down in the applicable provisions. Missions are not liable to withhold income tax from the wages paid to these persons, but the persons must report the income in their annual tax returns. 3.4 Net Wealth Tax No net wealth tax (capital tax) is levied in Finland. 3.5 Inheritance and Gift Tax Members of missions, their family members and private servants, who are not Finnish nationals, are liable to pay inheritance tax only on the following property acquired by inheritance or bequest: Real property situated in Finland; Shares or other rights in a corporate body where more than 50 per cent of the total gross assets of the company consist of real property situated in Finland. The same exemption applies to the taxation of property acquired by gift. Members of missions who are Finnish nationals are liable to pay inheritance and gift tax also for other assets according to the applicable provisions. 3.6 Real Property Tax A municipal tax on real property is levied by the municipality on the territory of which the property is situated, unless an exemption is granted by law. It should be noted that the owner (e.g. a foreign country) must file an application for the registration of title to property with the local District Survey Office (“maanmittauslaitos”). The premises of missions including the residences of Heads of missions are exempt from real property tax to the extent provided for in the Vienna Conventions. These exemptions do not cover, as a rule, cases where a mission, on behalf of the sending state, is a shareholder (i.e. owns a flat) in a residential housing company or other real estate company, as it is not the mission but the company which is liable to tax. It is advisable to contact the local tax office for further advice concerning the tax liability in respect of the real property. 26 As a rule, real property tax has to be paid in case the real property is used by a member of a mission other than the Head of mission. 3.7 Transfer Tax According to the Transfer Tax Act, the acquisition of ownership of real property and securities (including shares in a residential housing company) is, as a rule, subject to transfer tax. Missions and Heads of mission are exempt from transfer tax when they acquire premises (real property or shares entitling to the enjoyment of the premises) to be used for the purposes of the mission including the residence of the Head of mission. Transfer tax has to be paid if the real property or apartment acquired is to be used by a member of a mission other than the Head of mission. 3.8 Value Added Tax (VAT) Value Added Tax (VAT, ALV in Finnish) is imposed on the sale of goods and services, on imports and intra-Community acquisitions of goods and on removals of goods from warehousing arrangements. A guide to the tax exemption from the VAT for diplomatic missions and diplomats is available on the Internet at www.vero.fi (please choose English Precise Information Value Added Tax International Commerce Sales to Diplomats etc.) The rate of VAT varies between 10 and 24 per cent (of the price excluding tax). Missions as well as diplomats and their accompanying family members are exempt from VAT subject to the provisions of the Value Added Tax Act. Based on reciprocity, the tax is returned, on application, in respect of acquisitions made by the mission for official use and acquisitions made by diplomats and family members for personal use. The exemption from tax covers all goods and services, provided that the taxable price of any single article or service amounts at least to 170 euros. The reciprocity is defined by product groups or services rendered (e.g. clothing, food products, car repair, subscription of magazines etc.). Finland does not apply an annual upper limit for acquisitions. Staff members other than diplomats are not entitled to the exemption. The administrative and technical staff of missions may import their removal goods exempt from VAT when they settle down in Finland for the first time. 27 According to the established practice of the tax authorities, the term "single article" refers, as a rule, to a single article or service. With regard to articles which are packed in one package (e.g. a set of forks, knives and spoons), the term refers to the entire package. When more than one piece of the same article is purchased, the term refers to the entire consignment. Reimbursement is also granted for the acquisition of foodstuffs, medicines, alcohol and clothing, if the total sum of the invoice amounts to 170 euros per a product group. Refund is also granted if the products (e.g. clothing) have been purchased from the same retail shop during the same shopping occasion and the combined sum of separate invoices amounts to 170 euros. In respect of electricity, telephone and water invoices, as well as purchases of fuel and heating oil, the total amount of purchases shall be at least the equivalent of 170 euros per a quarter of a year. The term 'single service' refers to the entire service (e.g. service provided by a plumber on several occasions concerning the same repair work). 3.8.1 VAT Exemption from Purchases in Finland VAT refund applications should be addressed to the Protocol Services of the Ministry. The applications should be submitted quarterly to the Protocol Services and made within one year of the date of the payment of the invoice, which should be enclosed with the application. The Protocol Services will confirm the right of the applicant to a refund by taking into account the applicant's position, reciprocity, and the intended use of the goods or services. Other preconditions for the refund are examined by the Uusimaa Corporate Tax Office which grants the refund. The decision of the Tax Office is not subject to appeal. Application forms are available on the Internet at http://formin.finland.fi (please choose English Services Forms). 3.8.2 VAT Exemption from Purchases within the EU Exemption from VAT is granted for purchases made in other EU Member States by the missions and diplomats. Reimbursement of VAT is granted only for purchases which come in use in Finland and on similar conditions as refunds are regularly granted in Finland. Reimbursement of VAT for purchases which have been made before the arrival and notification of the diplomat to Finland will be considered case by case on the basis of reciprocity. A buyer who requires VAT exempt invoicing must complete the relevant form ‘VAT and/or Excise Duty Exemption Certificate’. The form should be submitted for confirmation to the Protocol Services together with a copy of an invoice or of a proforma. The confirmed certificate shall be submitted to the seller of the products. 28 Application forms are available on the Internet at http://formin.finland.fi (please choose English Services Forms). The procedure for obtaining VAT exemption on imports from non-EU countries is described in section 3.10.2 below. 3.9 Excise Duties 3.9.1 Acquisition of Products exempt from Excise Duty Excise duty is levied on energy products, electricity, alcohol, alcoholic beverages, tobacco, soft drinks, beverage containers and also on sweets and ice cream. Excise duties are levied on both domestic and imported products released for consumption in Finland. As regards alcoholic beverages the provisions in chapter 7.5 must also be observed. Exemption from excise duty is granted to missions and diplomats. The National Board of Customs has issued an instruction No 11/350/10 ‘Exemptions from excise duty’ which has been distributed to the Missions. The following procedure is applicable in acquisitions of products exempt from excise duty: Acquisitions in Finland All excise products, except for electricity, can be acquired exempt from excise duty with the “French paper” (Application form for tax and duty exempt imports and purchases which is available on the web site of the Ministry at www.formin.fi ). A party entitled to these purchases may acquire such products exempt from excise duty from a customs warehouse, a free warehouse or an excise warehouse. Exemption from excise duty on electricity can be implemented through a refund procedure. Refund can be applied for from the Excise Duty Group of the Southern Customs District. A copy of the electricity bill has to be enclosed to a free-form application. Acquisitions from other EU Member States When purchasing alcohol, tobacco products or energy products from a retail shop (e.g a wine shop) in another EU Member State for which the excise duty already has been paid in the country of departure, the buyer has to complete a ‘VAT and/or Excise Duty Exemption Certificate’. The certificate shall be completed in duplicate and the completed forms shall be submitted for confirmation to the Protocol Services. Having been confirmed and stamped, the forms should be 29 presented to the seller of the products. One copy is held by the seller and the other is returned to the buyer together with the products to accompany the products till Finland. If the aforementioned products have been acquired exempt from excise duty e.g. from a tax warehouse, they can be transported to Finland under a duty suspension arrangement within the EU. This arrangement is explained in detail in the above-mentioned instruction of the National Board of Customs. Excise products apart from alcohol, tobacco products or energy products can be imported to Finland from another EU Member State with the ‘French paper’. Acquisitions from outside the EU Excise products have to be declared at the place of import. The ‘French paper’ confirmed by the Ministry has to be presented in connection with the customs clearance. The obligation to inform the Customs District of the purchases of alcoholic beverages annually is no longer in force. Further information about excise duties may be obtained from the Southern Customs District. 3.9.2 Excise Duty on Fuel Exemption from excise duty on fuel is granted on vehicles which are in the personal use of diplomatic agents and in the official use of missions. Missions and diplomats should contact an oil company in order to get a payment card for fuel purchases. The Mission needs to submit an application for tax and duty exempt imports and purchases to the Protocol Services prior to the purchases. The application must include the registration number of the vehicle and the amount of fuel (gasoline or diesel) in litres to be purchased during the forthcoming year. It must also be clearly marked on the application whether the vehicle runs on gasoline or on diesel. The Protocol Services will send the confirmed application to the Southern Customs District. As for acquisitions of fuel for which excise duty has been paid, exemption from excise duty can be implemented by refunding the paid excise duty on application. Refund can be applied for from the Excise Duty Group of the Southern Customs District. Copies of the invoices need to be enclosed to a free-form refund application. The same procedure applies to applying for exemption from excise duty on heating oil. 30 3.9.3 Excise Duty on Electricity Exemption from excise duty on electricity is granted to missions concerning the premises of the mission and to diplomats concerning their residences. Exemption can only be implemented through a refund procedure. Parties entitled to acquisition of electricity exempt from excise duty can apply for a refund of the paid excise duty on electricity from the Excise Duty Group of the Southern Customs District. A copy of the electricity bill has to be enclosed to a free-form refund application. Refund can be applied within three years of the end that calendar year when the tax has been imposed. 3.10 Customs Duties 3.10.1 Exemption from Customs Duties Missions may import goods from non-EU countries or acquire them from a customs warehouse, a free warehouse or a tax warehouse for the official use of the mission exempt from customs duties. It should be noted that items which are to be displayed e.g. at exhibitions and will be exported later from Finland, are subject to a so-called temporary customs clearance. More information about the temporary customs clearance is available from the Customs. Respectively, diplomats may import goods or acquire them for their personal use including the personal use of their family members exempt from customs duties. The members of the administrative and technical staff of missions may import their personal removal goods exempt from customs duties in connection with their first assignment to Finland including the six-month period following their arrival in Finland. They may not, however, acquire goods from warehouses, with the exception of a motor vehicle which may be purchased from an import business according to the provisions in chapter 4. 3.10.2 Exemption Procedure An application for tax and duty exempt imports and purchases (‘French paper’) should be duly completed and submitted in duplicate to the Protocol Services for confirmation. The application form together with instructions are available on the Internet on the Ministry´s web site at http://formin.finland.fi (please choose English Services Forms). The mission or other applicant should deliver the confirmed document to the warehouse keeper or to the Customs. 31 Finland uses electronic customs declarations for arriving goods. The parties primarily responsible for submitting these declarations are the transport companies. The ‘French paper’ which has been confirmed by the Protocol Services will be attached to the documents concerning the customs clearance. If goods received exempt from customs duties are sold to a buyer not entitled to engage in dutyfree import of goods, the duties and taxes must be paid as required by the regulations in force at the time of the customs declaration. 3.11 Exportation of Goods Finland uses electronic customs declarations also for outgoing goods. Usually the shipping agent takes care of the necessary declarations. More information on the declarations is available from the Customs. Some restrictions are imposed on the exportation of certain commodity groups, such as valuable antique and artisan items and items of considerable national historical value. These restrictions also apply to exports by diplomatic missions and members of missions. Therefore, a mission or a member of a mission planning to take valuable items out of the country should contact the National Board of Antiquities to make sure that the export of the item in question is not prohibited. More information on the restrictions on exporting items can be obtained from the Customs. 32 4 MOTOR VEHICLES 4.1 Importation and Acquisition of tax-free Motor Vehicles The provisions on importation and acquisition of tax-free vehicles apply to new and used vehicles imported outside Finland (either from another EU country or outside the EU) as well as to new vehicles acquired from an import business in Finland. Pursuant to the Car Tax Act, the Customs Act and the Value Added Tax Act, missions and diplomats as well as members of the administrative and technical staff of missions, who are not nationals of Finland, may import a motor vehicle (new or used) exempt from taxes and duties, as specified below. The same exemption applies to new motor vehicles purchased from an import business in Finland. The right of missions to import motor vehicles free of taxes and duties for official use is not restricted as long as the number of vehicles is reasonable compared to the size of the mission. It should be noted that vehicles acquired for official use are not intended for the personal use of the members of missions. A diplomat (holder of an A category identity card) may import one motor vehicle free of taxes and duties for personal use, and two vehicles when accompanied by a spouse (or a person comparable to a spouse) who is not a Finnish national. The same applies to foreign members of the administrative and technical staff of missions (holder of a B category identity card), on the condition that the motor vehicles must be imported within six months of the staff member´s arrival in Finland. In addition, it is also allowed, as a rule, to import or acquire one motorcycle free of taxes and duties. The make of the motor vehicle imported free of taxes and duties to Finland is not restricted. Vehicles which have CD or C registration plates are also exempt from a surtax that is imposed on vehicles. It should be noted that pursuant to the provisions of the Act on Car Tax and the Decree on Registration of Vehicles, vehicles which are leased by diplomats and owned by the leasing company, are subject to taxation in Finland. Neither may they be registered with CD or C registration plates. The Customs has published customer instructions on the temporary tax-free use of motor vehicles in Finland on the web site of the Customs at http://www.tulli.fi (please choose in English Finnish Customs Publications Motor vehicles). 33 4.1.1 Customs Clearance When a motor vehicle is imported to Finland, it is subject to customs clearance. This applies both to new and to used motor vehicles acquired either from another EU country or outside the EU. This is required for the use and registration of the vehicle in Finland as well as for the verification of the date of importation in case the vehicle is subsequently sold in Finland. It is advisable to contact the Customs immediately after the import of the vehicle in Finland and submit a customs form No 83 (Declaration of Use) to the Customs. The Customs will confirm the form which will entitle the use of the vehicle before the registration of the vehicle in Finland. The form must be kept in the vehicle. If the vehicle does not have a valid registration in the EEA area (EU countries, Iceland, Liechtenstein and Norway), a transfer permit is also needed from the Customs. The vehicle must also have a motor liability insurance which is in force in Finland. In order to keep the right of use the vehicle must be declared for taxation within five days from the date when the declaration of use was confirmed. An application for tax and duty exempt imports and purchases should be duly completed and submitted in duplicate to the Protocol Services also immediately after the import of the vehicle. The Protocol Services will confirm the duty-free and tax-free import and returns one copy of the form to the mission. The applicant should deliver the confirmed form to the Customs or to the import business if the vehicle will be acquired from such a business. As regards vehicles acquired from another EU country see also chapter 3.8.2 (refund of VAT). 4.1.2 Vehicle Inspection Having been cleared by the Customs, the vehicle must be inspected by an inspector of motor vehicles to ensure that the condition of the vehicle meets Finnish roadworthiness requirements. Several companies in Finland offer the required inspection services. Their locations can be found on the Internet by using “katsastusasema” as an entry. The first annual inspection must be carried out within three years from the date the vehicle was taken into use. This is followed by an inspection-free year, after which the vehicle must be inspected annually. More information on vehicle inspections may be obtained from the Finnish Transport Safety Agency or from the inspection stations. The vehicle inspection of motor vehicles purchased from an import business is covered by the import business. 34 4.1.3 Third-Party Motor Insurance Third-party motor insurance is mandatory in Finland. A third-party motor insurance may be taken with one of the Finnish insurance companies engaged in traffic insurance. An all-risk insurance (KASKO) is also recommended. 4.1.4 Registration of tax-free Motor Vehicles For the registration of a motor vehicle, the following documents should be delivered to the Protocol Services with a verbal note: Certificate of customs clearance issued by the Customs; Certificate of vehicle inspection or certificate of single approval issued by a qualified vehicle inspector. The vehicle inspection of motor vehicles purchased from an import business is covered by the import business. In case the mission/applicant wishes to obtain a certain registration number, this should be mentioned in the note. The Protocol Services will issue a recommendation for registration of the vehicle which should be submitted to the Finnish Transport Safety Agency together with the above mentioned documents. It should be noted that the Agency does not accept cash payment. The Finnish Transport Safety Agency registers the vehicle and delivers the registration plates together with a temporary registration certificate. The final registration certificate will be issued later by the Finnish Transport Safety Agency. The technical section ("tekninen osa") of the certificate should at all times be kept in the vehicle. CD plates are provided for motor vehicles that are for the official use of missions, primarily for the use of the ambassador, as well as for motor vehicles of diplomats. C plates are issued for other official vehicles of missions, and of the members of the administrative and technical staff of missions. The registration of vehicles of the administrative and technical staff members of missions with C registration plates will concern only the first vehicle(s) acquired by the staff member within six months of the person´s arrival in Finland but not any vehicles possibly acquired later. If diplomatic registration plates are stolen or otherwise disappear, the registration number is withdrawn from use for a period of three years. This should be informed to the Protocol Services by a verbal note. 35 4.2 Acquisition and Registration of used Motor Vehicles (acquired in Finland) When a used motor vehicle is purchased in Finland, no customs clearance is needed. The vehicle can be registered with CD or C registration plates unless the person already possesses a motor vehicle which has CD or C registration plates (or two motor vehicles with CD or C registration plates if the person is accompanied by a spouse or a person comparable to a spouse). The registration of vehicles of the administrative and technical staff members with C registration plates concerns only the first vehicle(s) acquired by the staff member within six months of the person´s arrival in Finland. A certificate of registration including both the technical section and the notification section (‘ilmoitusosa’) should be submitted to the Protocol Services with a verbal note. The personal data of the new owner, date of transfer and signatures of the seller and of the new owner should be duly completed in the notification section. The Protocol Services will issue a recommendation for registration of the vehicle which should be submitted to the Finnish Transport Safety Agency together with the above mentioned documents. The Finnish Transport Safety Agency registers the vehicle and delivers the registration plates together with a temporary registration certificate. The final registration certificate will be issued later by the Finnish Transport Safety Agency. The technical section (‘tekninen osa’) of the certificate should always be kept in the vehicle. 4.3 Use and Sale of tax-free Motor Vehicles Family members who are Finnish nationals or permanently resident in Finland, as well as private servants of members of missions may, as a rule, drive a diplomatic vehicle only when accompanied by a privileged person. This applies also to service staff of missions with the exception of drivers in the service of a mission who may drive the official vehicle of the mission while on duty. It is possible to apply for a permit from the Customs which allows a non-privileged person to drive a diplomatic vehicle e.g. to a private servant to attend his/her duties. The permit is subject to a fee. 4.3.1 Sale of tax-free Motor Vehicles A motor vehicle acquired or imported free of duty and taxes may be sold without any restrictions free of duty and taxes to another mission or diplomat having the same right to import commodities exempt from duties and taxes. Furthermore, a tax-free motor vehicle may also be sold in Finland exempt from duties and taxes to other buyers after three years of the date of its first diplomatic registration. 36 If a vehicle is sold in Finland before the three-year period since its registration has elapsed, it must be declared at the Customs and is subject to full duties and taxes in accordance with the regulations in force on the day of its customs clearance. Whenever a staff member is leaving Finland permanently or terminating his/her functions in the mission, he/she should either sell his/her vehicle in Finland or export it abroad. If he/she chooses to sell his/her vehicle in Finland before the expiry of the three-year period since its registration, he/she is liable to pay 1/36 of the taxes and duties per every remaining month of the three-year period. For this purpose the date (the precise month) of the final departure of the staff member should be informed to the Protocol Services by a verbal note. The Protocol Services will issue a certificate concerning the departure of the person concerned to be forwarded to the Customs. The Customs will calculate the amount of the remaining tax which must be paid before the sell of the vehicle. The Protocol Services will issue the certificate at the earliest two months prior to the final departure of the person concerned. The registration plates must then be returned to the Protocol Services with a verbal note and it should be mentioned in the note that the vehicle has been sold in Finland. It should be noted that a tax-free vehicle should, as a rule, be sold personally by the diplomat before his/her departure from Finland. Only exceptionally may a power of attorney be given to an other diplomat to represent the owner of the vehicle in the sale. Under exceptional circumstances (e.g. in case of a sudden death of the diplomat), the Customs may exempt the motor vehicle from duties and taxes fully or partly. To apply for this exemption, a free-form application may be sent to the Protocol Services together with a verbal note. 4.3.2 Export of tax-free Motor Vehicles If the vehicle is exported, the mission should inform the Protocol Services of the exportation by a verbal note. It should be mentioned in the note that the vehicle has been exported from Finland. The Finnish Transport Safety Agency gives further information on the export registration of vehicles. The CD or C plates must be returned to the Protocol Services within two months of the exportation. As soon as the Finnish Transport Safety Agency receives the information from the Protocol Services that the vehicle has been registered abroad the vehicle will be removed from the vehicle register in Finland and the insurance will cease to be in force. In case the plates are not returned to the Protocol Services the registration number is withdrawn from use for a period of three years. It should be noted that it is not allowed, either by the mission or a diplomat, to export a tax-free vehicle abroad before the three-year period since its registration has elapsed and simultaneously acquire or import a substitutive tax-free vehicle. 37 If a tax-free vehicle is destroyed in a traffic accident or must be delivered to breaking up for another reason, the mission should contact the Protocol Services in order to settle the matter. 4.4 Export and Sale of used Motor Vehicles (acquired in Finland) The export or sale of a used motor vehicle which has been purchased in Finland is not restricted. If the motor vehicle has CD or C registration plates the export or sale of the vehicle must be informed by a verbal note and the plates must be returned to the Protocol Services. It should be mentioned in the note whether the vehicle has been exported from Finland or whether it has been sold in Finland. If the vehicle has CD or C registration plates, the plates must be returned to the Protocol Services within two months of the exportation. As soon as the Finnish Transport Safety Agency receives the information from the Protocol Services that the vehicle has been registered abroad the vehicle will be removed from the vehicle register in Finland and the insurance will cease to be in force. In case the plates are not returned to the Protocol Services the registration number is withdrawn from use for a period of three years. 4.5 Other Vehicles Other vehicles than motor vehicles, such as trailers, have ordinary registration plates. The registration is taken care of by the mission directly with the Finnish Transport Safety Agency. Questions concerning possible tax exemptions may be addressed to the Protocol Services. 4.6 Exemption from Excise Duty on Fuel Exemption from excise duty on fuel is granted on vehicles which are in the personal use of diplomats and in the official use of missions. Missions and diplomats should contact an oil company in order to get a payment card for fuel purchases. The oil company will ask the applicant to file an application for tax and duty exempt imports and purchases with the Protocol Services. The application must include the registration number of the vehicle and the amount of fuel (gasoline or diesel) in litres to be purchased during a given period. It must be clearly marked on the application whether the vehicle runs on gasoline or on diesel. The Protocol Services will send the confirmed application directly to the Customs District. As regards refund of VAT on fuel plese note section 3.8. As for acquisitions of fuel for which excise duty has been paid, exemption from excise duty can be implemented by refunding the paid excise duty on application. Refund can be applied for from the Excise Duty Group of the Southern Customs District. Copies of the invoices need to be enclosed to a free-form refund application. 38 4.7 Diplomatic Parking Places in Helsinki Missions may be granted a diplomatic parking place for two cars in one location on request. The parking place is meant primarily for the use of the Head of mission and incoming visitors whose vehicles have CD registration plates. Diplomatic parking places are assigned to a mission even if this is not specified on the sign. Missions shall apply for a diplomatic parking place by sending a verbal note to the Protocol Services, which will forward the application to the Transportation and Traffic Planning Division in the Helsinki City Planning Services. Notices of illegally parked vehicles shall be made to the customer service of the Parking Control in the Public Works Services of the City of Helsinki, telephone (09) 310 39000. 4.7.1 Residential Parking in Helsinki Car owners living in downtown Helsinki can obtain a chargeable residential parking permit that allows them to park their vehicles in the residential parking spaces within a certain zone without having to pay any parking fee. The residential parking program applies to the city centre. All residential parking areas are indicated by a special sign. The permit can be obtained from the customer service of the Public Works Services of the City of Helsinki. Missions can purchase a corporate parking permit for their cars. The permit allows parking in the residential parking spaces. The corporate parking programme applies to the city centre within the same area as the residential parking programme. Further information on residential parking permits may be obtained on the Internet at www.hkr.hel.fi (please choose English Parking). 4.7.2 Snow Removal and Street Maintenance Missions are advised to visit the following web site of the City of Helsinki (Public Works Department) which provides information of the responsibility of street and pavement maintenance between the City and individual properties: http://www.hel.fi/hki/HKR/en/Streets/Maintenance Snow removal and the annual spring cleaning of the public streets can close down streets temporarily. Therefore, missions are kindly asked to check their parking places for possible 39 temporary signs, which indicate the date, time and location of street maintenance work. These temporary signs are valid from the time of their appearance and can lead to towing away of diplomatic vehicle if the vehicle is not moved away for the respective period of time. 4.8 Driving Licences Driving a motor vehicle in Finland is only permitted with a valid driving licence. Police authorities give advice of the validity of foreign driving licences in Finland. The service number is 071 877 3125. A driving licence which has been issued in an EU Member State or in Iceland, Liechtenstein or Norway shall, as a rule, entitle the holder to drive a motor vehicle equivalent to the one for which it is indicated to apply also in Finland. The licence holder must be at least 18 years old. The renewal of these driving licences is taken care of by the domestic authorities of the licence holder. A national driving licence, or an international driving permit together with a national driving licence, which has been issued by a country that has acceded to the Geneva or Vienna Convention on Road Traffic, shall, as a rule, entitle the licence holder to drive a motor vehicle in Finland for two years beginning from the licence holder´s date of arrival in Finland. The driving licence must be in agreement with the above mentioned Conventions and the person must fulfill the age requirement set in Finland for a similar licence. Other foreign driving licences do not entitle the licence holder to drive a motor vehicle in Finland unless otherwise provided in international agreements. On the basis of a certificate issued by the Ministry for Foreign Affairs, the Police may, on request, issue a Finnish driving licence to a foreign member of a mission who has been assigned to a duty to Finland and to his/her family members, who have a foreign driving licence, without requiring a new driving test. To obtain a Finnish driving licence, a person who holds a driving licence which does not entitle the person to drive a motor vehicle in Finland should submit an application form together with a verbal note, a medical certificate, two photographs and the valid national driving licence (with a translation of the driving licence when necessary) to the Protocol Services. The applicant must sign the application form in the two boxes as indicated in the form, using a black ballpoint pen. To get a driving licence without the obligation to do the second phase of the Finnish driving school, the driving licence of a new driver must have been valid for at least six months. Application forms are available at the District Police. As from 19 January 2013, the new driving licences will be valid for 15 years at a time, and after that five years at a time. Holders of a Finnish driving licence are no longer obliged to present a vision test certificate to the police at 45 years of age. 40 The Finnish driving licence may be collected at the Helsinki Police Services in Pasilan poliisitalo 2, Pasilanraitio 11. The service number is 071 877 3125. When a Finnish driving licence is granted, the national driving licence of the person in question is deposited in the custody of the Police for the period of time the person will stay in Finland, and returned upon his/her final departure from Finland. The Finnish driving licence must be returned to the Police at the same time. 4.9 Miscellaneous Finnish traffic rules and regulations are of a high international standard and aim at maximising the safety of citizens and ensuring smooth and effective traffic flows in cities and on highways. The members of missions are advised to become familiar with the local traffic rules and to follow them. In Finland, the headlights must be on at all times while driving. The driver and all passengers are also obligated to wear safety belts. The driver of a motor vehicle is not allowed to hold a mobile telephone in his/her hand while driving. Winter tyres are required between 1 December and end of February. It is however allowed to use winter tyres with spikes whenever it is necessary because of the driving conditions. 41 5 SOCIAL SECURITY AND HEALTH CARE 5.1 Social Security Foreign members of missions, their family members as well as their private servants belong, as a rule, to the social security system of the sending state. Members of missions who have been permanently resident in Finland immediately prior to the start of their employment may belong to the Finnish social security scheme under certain conditions. Foreign family members are also usually covered by the social security system of the sending state, unless they are gainfully employed in Finland on a permanent basis, in which case Finnish social security provisions are generally applied. Finland has also concluded bilateral agreements on social security which may provide exceptions to these general rules. More information on the social security scheme of Finland is available on the web site of the Social Insurance Institution of Finland (Kela) at http://www.kela.fi/in/internet/english.nsf/. Questions concerning social security issues should be directed primarily to Kela. The Office for International Affairs provides service on coverage and benefit issues, tel. 020 634 2650/ e-mail [email protected]. Information may also be asked from insurance companies and other relevant institutions: the Centre for Pensions (responsible for earnings-related pensions insurance) and the Federation of Accident Insurance Institutions. 5.2 Health Care 5.2.1 General Health care services in Finland are provided by both the public and the private sectors. Health care arrangements for the members of missions, their family members and private servants depend on whether they are resident in Finland, or whether the persons are entitled to the public health care services based on either EU regulations or on a bilateral health care/social security agreement. Persons who are permanently resident in a municipality in Finland are, as a rule, entitled to use the public health care services. 42 Persons covered by the Finnish sickness insurance or persons entitled to health care benefits under EU regulations and bilateral health care/social security agreements are entitled to a partial reimbursement of the fees charged by private health care (including pharmacies). All foreigners have the right in the Finnish public health care sector to urgent care, which is defined as care for medical conditions arising unexpectedly in the country of stay and demanding immediate medical assistance. If the patient is not entitled to the public health care based on either EU regulations or bilateral agreements, he/she is charged a fee that covers the full cost of the service. 5.2.2 European Heath Insurance Card Anyone carrying a European Health Insurance Card is entitled to receive medically necessary care while in an EU Member State or in Iceland, Liechtenstein, Norway or Switzerland. The treatment is provided subject to the legislation and regulations of the country where it is given. The procedure for getting the treatment and any client fee charged is the same as those that apply to local residents. A summary of the use of the European Health Insurance Card is available on the web site of Kela at www.kela.fi (please choose English/Kela card/European Health Insurance card). For treatment not covered by the European Health Insurance Card, an E112 or S2 form must be submitted to the public health care service provider. In order to receive more extensive health (including medical) care, members of missions and their family members should register for a certification which is issued by the Social Insurance Institution of Finland (Kela). An E106 or S1 form must be presented to the local office of Kela for the certification. Both forms may be obtained from the competent authorities of the person´s permanent country of residence. After registration, Kela issues a national document Certificate of entitlement for medical care in Finland to the person concerned, which shall be used whenever visiting the public health care service. 43 6 SECURITY AND PROTECTION OF THE MISSIONS AND STAFF MEMBERS 6.1 Emergency Situations Missions may dial 112 in urgent, genuine cases of emergency where someone’s life, health, property or the environment is in danger, or if there is any reason to assume this to be the case. The Emergency Response Centre provides more information on what to do in the case of an emergency on the Centre´s web site at http://www.112.fi/index.php?langID=2 The Centre of the Police Command may also be contacted in issues concerning police activities. The service number of the Centre is 071 877 4002 and it is operational for inquiries between 8 a.m. and 4 p.m. However, urgent cases of emergency should primarily be informed to 112. The Ministry has also informed the missons of special contact phone numbers of the Helsinki Police by a Circular Note (HELM527-1/15 January 2013). These numbers are confidential. Missions may contact the Ministry outside the office hours for example when the Finnish authorities need to be reached without delay in situations which might cause collective danger or urgent information needs to be forwarded to the Finnish authorities. The telephone number is 1605 5555 (24/7 Service). Missions are also reminded of the importance of their own emergency plans. The Ministry of the Interior's Rescue Department is responsible for leading the rescue services in Finland. The State Provincial Office's Rescue Department, in turn, is in charge of the corresponding tasks within the province. Individual municipalities are jointly responsible for providing rescue services in the 22 rescue service areas in Finland. One of these areas is formed by the City of Helsinki. The rescue operations and other related tasks in these areas are carried out by regional rescue departments such as Helsinki City Rescue Department. Helsinki City Rescue Department http://www.hel.fi/hki/Pela/en/Etusivu provides more information about its services at The Radiation and Nuclear Safety Authority (STUK) is the competent authority in radiation safety issues in Finland. In radiation hazard situations the 24/7 Service of the Ministry will forward call requests of foreign missions to STUK. The press releases of the Finnish Radiation and Nuclear Safety Authority (STUK) are available on the web site of the Radiation and Nuclear Safety 44 Authority at www.stuk.fi. Information about a radiation hazard situation and the instructions relating to it are provided for the public also without delay via television and radio. If the radiation hazard situation requires urgent protective measures, people are informed about it with a general alarm siren. 6.2 Protection of the Missions and their Staff Under the Vienna Conventions, the receiving State must take appropriate action to protect the premises of missions, including the residences of Heads of missions, and to ensure the safety of the privileged members of missions and their family members as well as their private residences. The police authorities shall take care of the security of missions and their members. Questions concerning security matters should be directed to the local police, either directly or through the Protocol Services. The missions are encouraged to establish direct contacts with the police in security issues. Specific security measures concerning a mission and its members are always based on an evaluation of the security situation of the mission concerned. In cases where assistance is needed from the Police concerning, for example, traffic arrangements in relation to festivities, the Police must be notified at least two weeks in advance. Missions are encouraged to contact the Police directly. Contact information of the Police is available in the last chapter of the booklet. Those missions whose chanceries are situated in the area of Kulosaari in Helsinki should primarily contact the Police of Itäkeskus in official matters with the police. 6.3 Damages If damage is caused to a mission or to the person of a privileged person, for example in connection with a demonstration, the Ministry for Foreign Affairs considers compensating the damage on an ex gratia and reciprocal basis, provided that the damage is not covered by an insurance or it is not possible to receive any compensation through a legal process. 6.4 Acquisition, Possession and Carriage of Firearms Certificates entitling a person to acquire and possess firearms and firearm components are issued by the Police. In order to acquire and possess a firearm or firearm component, the applicant must have a justifiable purpose for its use. A licence must be acquired in advance of the import of the firearm to Finland. It should also be noted that regulations concerning the import of firearms must be complied with. Questions concerning the import or export of firearms shall be addressed to the Customs. 45 Information about firearm licences is available in English at http://www.poliisi.fi (choose English/Licences/Permits and licences for firearms). Application forms for firearms licences are available on the Finnish web site (please choose Luvat/Ampuma-aseluvat/Aselupalomakkeet) and at the District Police. Duly completed application forms should be submitted to the Protocol Services, which will forward them to the Police. The Protocol Services will also forward the granted certificates to the mission. The following information about the security officials accompanying high level visitors is requested to be sent to the Protocol Services in advance: name, date of birth, passport number, weapon type and serial number and rounds of ammunition. The Protocol Services will forward the information to the Police. 6.5 Vehicles The vehicle register is a public register and the information in the register is available to the public on request. A member of a mission may apply for the prohibition to disclose his/her data from the vehicle register. Forms concerning the prohibition to disclose one´s address or marketing prohibitions are available on the web site of the Finnish Transport Safety Agency at www.trafi.fi (please choose English/Road Traffic/Information Services). In case the security of a person or his or her family may be threatened, the person may apply for a security prohibition. Such a prohibition may be applied for at the Transport Safety Agency by means of a free-form letter. The applications should be filed directly with the Transport Safety Agency (PO Box 320, 00101 Helsinki). The missions cannot apply for these prohibitions. Security measures concerning vehicles possessed and registered by the missions (official vehicles) are attended to through the Protocol Services of the Ministry for Foreign Affairs and are always based on an evaluation of the security situation of the mission. 6.6 Demonstrations Based on the Constitution of Finland, everyone has the right to arrange demonstrations and the right to participate in them without a permit, subject to the conditions laid down in the Assembly Act. Demonstrations to be held in the vicinity of a mission shall be reported in advance to the mission concerned, and the Police take care of the necessary security arrangements during the event. 46 6.7 Elections Missions may arrange polls freely for their citizens in Finland. Requests for security measures at the polling stations may be addressed directly to the local police or through the Protocol Services. This should be done well in advance of the date of the election. 47 7 MISCELLANEOUS 7.1 Helsinki Airport Members of missions may enter the gate area at Helsinki airport e.g. to meet a guest or to deliver/collect a diplomatic bag (without an intention to travel). The Airport Police must be notified of the visit, as a rule, three days in advance by e-mail to the following address: [email protected] A maximum of three members of the mission may enter the gate area on one occasion. The notification must provide the following information: country, name of the member(s) entering the gate area, the time and purpose of the entry and the number of the flight. Entry to the gate area is not allowed without such a notification. Changes to the notified information should be informed to the Airport Police primarily by e-mail or in urgent cases by telephone (telephone number 071 878 2120 between 7 a.m. and 7 p.m.). The Airport Police will inform other operators at the airport (the Border Guard, the Security Control and the VIP Center) of this notification in order to ensure a fluent entering to the gate area for the members of the mission. The VIP Center and the Service Center provide information concerning the arrival gates of the aircrafts. The telephone number of the VIP Center is 020 708 3117 and of the Service Center 020 708 3120. 7.1.1 Access to the Gates In order to enter the gate area, members of missions should go to the security control of the appropriate terminal (T1 or T2). They will receive a licence at the security control to enter the gate area. They will also be subject to a security check. The identity card issued by the Ministry for Foreign Affairs and a valid travel document must also be presented at the security control. To exit, they shall go to the passport control for arrivals and then pass through the customs. 7.1.2 Flights arriving from outside the Schengen Area Passengers arriving from outside the Schengen area may be met at the gate area by agreeing on special arrangements with the airport. The mission should contact the VIP Centre in order to agree on these arrangements. The service number for the VIP Centre is 020 708 3117. A prior notice must also be made to the Airport Police by the mission as explained above. The identity card issued by the Ministry for Foreign Affairs must also be presented at the security control as well as a valid travel document. Diplomats travelling on duty may choose any passport control line irrespective of their nationality. 48 7.1.3 Security Diplomats and other privileged persons and their personal baggage, except "diplomatic bags", shall be liable to screening for security purposes. Diplomatic couriers and their personal baggage are not exempted from screening. The personal baggage of a diplomat shall, as a rule, be exempt from further inspection. In case there are serious grounds for presuming that the personal baggage of a diplomat contains articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the receiving State, the baggage may be inspected. Such inspection shall be conducted in the presence of the diplomat or of his/her authorized representative. A list of prohibited items in the security restricted area and the cabin of an aircraft is available at http://www.trafi.fi/en/aviation/for_passengers/security_controls/pack_right%21 7.1.4 VIP Services There are two VIP lounges in the Helsinki-Vantaa airport. VIP Centre may be used when visitors are arriving or departing on regular flights. VIP President is primarily for visitors on private airplanes in which case airport charges, charges for airport navigation services and charges for services of a handling agency are borne by the visitors. The Ministry for Foreign Affairs cover the cost of the VIP lounge in connection with official visits by Heads of State, Prime Ministers or Foreign Ministers. Missions may use a VIP lounge on other occasions at their own expense. The service number for reservations is 020 708 3117 (VIP Centre and VIP President). The e-mail address of the VIP Service is [email protected]. More information about the VIP Service is available on the Internet at http://www.helsinki-vantaa.fi 7.1.5 Heads of State and their Delegations Heads of State and members of their delegations, whose arrival and departure details have been announced to the Ministry for Foreign Affairs are not subject to border checks. Heads of State, Speakers of Parliament, Prime Ministers and Foreign Ministers as well as their accompanying spouses and security personnel together with their personal hand baggage are also 49 exempt from security checks. The airport authorities will be informed of their departure by the Ministry for Foreign Affairs. There are some diplomatic parking places in the Helsinki-Vantaa Airport for short-time parking. Their location may be checked from the parking service; telephone number 0200 14636 or by email ([email protected]). 7.2 Diplomatic Consignments Diplomatic courier consignments (the diplomatic bag) must be sealed and the diplomatic status of the consignment must be clearly visible. Diplomatic courier consignments may contain only documents and articles that are intended for official use of the mission. If the mission wishes to take a diplomatic consignment straight to the aircraft or collect one, it must apply for a temporary permit from the airport police. A policeman shall accompany the vehicle to the aircraft, and a fee shall be charged for the escort. 7.3 Television Licenses A new public service broadcasting tax has been in force since 1 January 2013. The new tax will concern those who are considered Finnish tax residents. Diplomatic and consular missions as well staff members of missions who are not Finnish tax residents are not liable to pay this tax. In case there is uncertainty about the tax liability missions should contact primarily the local tax office for further advice. 7.4 Radio Transmitters The Finnish Communications Regulatory Authority may, upon application, issue an authorisation for a mission to use radio equipment for communication. To obtain such an authorisation, the mission shall file an application addressed to the Communications Regulatory Authority either directly with the Communications Regulatory Authority or through the Protocol Services. The application must contain a specification of the equipment to be used. The authorisation is issued for a specific period of time. After the expiration of the authorisation the Communications Regulatory Authority will renew the authorisation ex officio without a new application. If the security officials accompanying high level visitors wish to bring along communication equipment, the frequencies and the power of radio equipment must be notified in advance to the Protocol Services. It is advisable to inform of at least two optional frequencies. 50 7.5 Alcoholic Beverages 7.5.1 Official and personal Use Missions are entitled to import and acquire duty-free and tax-free alcoholic beverages for their official use. Official use means that alcohol is served by a diplomatic mission free of charge to a specified group of guests invited by the Head of mission or another member of the diplomatic staff. It is also required that serving takes place at the premises of a mission or at other specified premises reserved for the mission´s use. If the event is arranged at a restaurant, the use of alcohol is not considered as official even though the other above requirements are met. If a mission wishes to serve alcoholic beverages in a licensed serving area (such as a restaurant), it may request the holder of the serving licence to order the beverages from a wholesaler. The mission may also import or acquire the beverages but they must be sold to the holder of the serving licence. In order to do this, the mission must apply for a temporary wholesale licence from the National Supervisory Authority for Welfare and Health. The holder of the serving licence may then sell the beverages back to the mission for a price, including taxes, and serve them at the event. The use is not official either, if the event is not arranged by a diplomatic mission or a diplomat, and particularly, if the products presented are on sale (e.g. a wine fair or other sales promotion event). Diplomats may import and acquire alcoholic beverages for their private consumption either by themselves or by their family members living in the same household. 7.5.2 Exemption from Excise Duty The National Board of Customs has issued an instruction No 11/350/10 ‘Exemptions from excise duty’ which has been distributed to the missions. Acquisitions exempt from excise duty are explained also in chapter 3.9. 7.5.3 Gifts Alcoholic beverages which missions and diplomats give as normal gifts are exempt from excise duty. Questions concerning the serving of alcoholic beverages should be directed to the National Supervisory Authority for Welfare and Health (Valvira). More information and wholesale licence application forms are available at http://www.valvira.fi 51 7.6 Pets Regulations concerning the import and export of pets to Finland are available on the web site of the Finnish Food Safety Authority at http://www.evira.fi/portal/en/animals/ Members of a diplomatic or consular mission and their accompanying family members as well as their private servants are exempt from paying dog tax imposed by municipalities unless they are Finnish nationals. More information about the tax liability is available on the web site of each city. 7.7 Building Permits Foreign missions are obliged to respect local regulations concerning building permits. Building Regulation Services in respective cities in Helsinki Metropolitan Area are responsible for issuing building licences for construction of new buildings and for licences which are required for certain construction works. Contact information may be obtained on the Internet on the web site of each city. 7.8 Finnish Educational System Detailed information about the Finnish education system and about schools which provide education in foreign languages in the Helsinki metropolitan area is available on the web sites of the education services of the municipalities: Helsinki: http://www.edu.hel.fi Vantaa: http://www.vantaa.fi Espoo: http://www.espoo.fi Kauniainen: http://www.kauniainen.fi 7.9 Helsinki Region Transport Helsinki, Espoo, Kauniainen, Vantaa, Kerava, Kirkkonummi and Sipoo have an integrated public transport ticket system. Staff members of missions are advised to contact the Customer Service of the Helsinki Region Transport in order to establish their possibility to a traval ticket on a reduced price (corresponding to that of residents). The identity card issued by the Ministry is needed for this purpose. 52 More information is available on the following web site of the Helsinki Region Transport: http://www.hsl.fi/EN/abouthsl/contacts/Pages/default.aspx 7.10 Fishing Fees Anyone between the age of 18 and 64 years wishing to fish during leisure time must pay a national fisheries management fee unless the person will ice fish or fish with a simple rod and line (without a reel and lure). In addition to proof of payment of the national fisheries management fee, anyone between the age of 18 and 64 years practising lure fishing must either have a permission to fish from the owner of the fishing rights to the waters, or proof of payment of the provincial lure fishing fee. The service telephone number for inquiries is 0100 84014. More information about the necessary fees and on-line payment is available on the web site of the Ministry of Acriculture and Forestry at http://kalastuslupa.smilehouse.com/PublishedService?pageID=18&freePage=184&theme=3 53 CONTACT INFORMATION Customs/Vehicle taxation: Southern Customs District (Eteläinen tullipiiri) Customer service (from Monday to Friday between 10 a.m. and 2 p.m.) Vilhovuorenkatu 12 B PO Box 62, 00501 Helsinki Tel: (09) 6141 Centre for Pensions (Eläketurvakeskus) Kirjurinkatu 3 00065 Eläketurvakeskus Tel: 029 41120 www.etk.fi City of Helsinki Public Works Services/ residential parking and parking control/maintenance of streets Pohjoinen Makaasinikatu 9 PL 1508, 00099 Helsingin kaupunki Tel: (09) 310 39 000 (customer service) Parking fines: E-mail: [email protected] Finnish Immigration Service (Maahanmuuttovirasto) Panimokatu 2 A PO Box 18 00581 Helsinki Tel: 071 873 0431 www.migri.fi Building Regulation Services Siltasaarenkatu 13 PL 2300, 00099 Helsingin kaupunki Tel: (09) 310 2611 www.rakvv.hel.fi Finnish Transport Safety Agency (Liikenteen turvallisuusvirasto; TraFi) Kumpulantie 9 00520 Helsinki, PO Box 320 00101 Helsinki Tel: 029 534 5000 www.trafi.fi Helsinki City Rescue Service (Helsingin kaupungin pelastuslaitos) Tel: exchange (09) 310 1651 (from Monday to Friday 8.15 a.m to 4 p.m) Situation Centre (open daily 24 hours): (09) 310 30150 E-mail: [email protected] www.hel.fi/pel Federation of Accident Insurance Institutions (Tapaturmavakuutuslaitosten liitto) Bulevardi 28/PO Box 275 00121 Helsinki Information number: 0404 504240 www.tvl.fi Communications Regulatory Authority (Viestintävirasto) Itämerenkatu 3 A PO Box 313 00181 Helsinki Tel: (09) 69 661 www.ficora.fi The Finnish Food Safety Authority (Elintarviketurvallisuusvirasto) Mustialankatu 3 00790 Helsinki Tel: 029 530 0400 www.evira.fi Customs (Tulli) Finnish Customs PL 512, 00101 Helsinki Tel: (09) 6141 General information number 020 690 600 www.tulli.fi 54 Ministry of Employment and the Economy (Työ-ja elinkeinoministeriö) Aleksanterinkatu 4/Eteläesplanadi 4 PO Box 32 00023 Government Tel: 029 506 0000 www.tem.fi Helsinki Airport/Finavia PO Box 29 01531 Vantaa Tel: (09) 827 71 Information number: 0200 146 36 www.helsinki-vantaa.fi Airport police Tel: 071 878 2120 E-mail: [email protected] Ministry of the Environment (Ympäristöministeriö) Kasarmikatu 25 PO Box 35 00023 Government Tel: 020 610 100 www.ymparisto.fi Service Center (arriving flights): 020 708 3120 VIP Tel: 020 708 3117 Ministry of Finance (Valtiovarainministeriö) Snellmanninkatu 1 A PO Box 28 00023 Government Tel: 0295 16001 www.vm.fi Emergency Duty Service of the Border Control (Helsinki Airport) Tel: 071 872 6600 Ministry for Foreign Affairs (Ulkoasiainministeriö) Merikasarmi PO Box 176 00230 Government Tel: 0295 350 000 http://formin.finland.fi Ministry of the Interior (Sisäasiainministeriö) Kirkkokatu 12 PO Box 26 00023 Government Tel: 071 878 0171 www.intermin.fi Ministry of Agriculture and Forestry (Maaja metsätalousministeriö) Hallituskatu 3 A PO Box 30 00023 Government Tel: 0295 16001 www.mmm.fi Ministry of Justice (Oikeusministeriö) Eteläesplanadi 10 PO Box 25 00023 Government Tel: 0295 16001 www.om.fi Ministry of Defence (Puolustusministeriö) Eteläinen Makasiinikatu 8 PO Box 31 00131 Helsinki Tel: 0295 16001 www.defmin.fi Ministry of Social Affairs and Health (Sosiaali- ja terveysministeriö) Meritullinkatu 8 PO Box 33 00023 Government Tel: 0295 16001 www.stm.fi Ministry of Education (Opetusministeriö) Meritullinkatu 10 PO Box 29 00023 Government Tel: 0295 3 30004 www.minedu.fi 55 Ministry of Transport and Communications (Liikenne- ja viestintäministeriö) Yliopistonkatu 5 PO Box 31 00023 Government Tel: 0295 16001 www.lvm.fi Airport police Tel: 071 878 2120 E-mail: [email protected] National Supervisory Authority for Welfare and Health (Sosiaali- ja terveysalan lupa- ja valvontavirasto/Valvira) PO Box 210 00531 Helsinki Tel: 0295 209 111 www.valvira.fi Viljatie 2 00700 Helsinki Tel: 071 877 3220 (9-11) Immigration Police Pasilan poliisitalo 2, Pasilanraitio 11 00240 Helsinki Tel: 071 877 3125 (9-11, 13-15) Prime Minister's Office (Valtioneuvoston kanslia) Snellmaninkatu 1 A PO Box 23 00023 Government Tel: 0295 16001 www.vnk.fi National Board of Antiquities (Museovirasto) PO Box 913 00101 Helsinki Tel: (09) 40 501 www.nba.fi Register Office/Helsinki (Maistraatti) Albertinkatu 25/PO Box 309 00181 Helsinki Tel: 071 87 30 191 Office of the President of the Republic (Tasavallan presidentin kanslia) Mariankatu 2 00170 Helsinki Tel: (09) 661 133 www.presidentti.fi Social Security Institution of Finland (Kansaneläkelaitos, Kela) Office for International Affairs PO Box 78 00381 Helsinki Tel: 020 634 2650 (coverage and benefit issues) www.kela.fi E-mail: [email protected] Parliament (Eduskunta) Mannerheimintie 30 00102 Eduskunta Tel: (09) 4321 www.eduskunta.fi Tax Administration www.vero.fi Information Service in English 020 697 050 Police Services Helsinki Police Department Pasilanraitio 11 PO Box 11 00241 Helsinki Tel: 071 877 0111 www.poliisi.fi Tax Office of the Metropolitan Area (Individual taxpayers) (Pääkaupunkiseuden verotoimisto) Rajatorpantie 8 A Vantaa (Myyrmäki) PL 400, 00052 Vero Tel: 020 612 000 Driving licences: Pasilanraitio 11 071 877 3130 (10-14) 56 Uusimaa Corporate Tax Office (Uudenmaan yritysverotoimisto) PO Box 30 00052 Helsinki Tel: 020 612 000 www.vero.fi 57 I S B N I S B N 9 7 8 - 9 5 2 - 2 8 1 - 0 8 9 - 2 9 7 8 - 9 5 2 - 2 8 1 - 0 9 0 - 8 ( P D F ) 58
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