Memorandum of
Understanding between
the Ministry of Defence of the Republic of Latvia
and the Ministry of Defence of the Kingdom of Norway
concerning Military Co-operation
The Ministry of Defence of the
Republic of Latvia and the Ministry of Defence of the Kingdom of
Norway,
hereinafter referred to as "the Participants",
taking into account the Agreement between the Ministry of
Defence of the Kingdom of Norway and the Ministry of Defence of
the Republic of Latvia on contacts and co-operation concerning
defence matters, signed in Riga, Latvia on 9 August 1995,
wishing to set forth the legal and practical framework
arrangements for the implementation of bilateral military
co-operation activities,
have reached the following understanding:
Section 1
General
The purpose of this Memorandum of
Understanding (MOU) is to provide an overall and practical
framework for military co-operation between the Participants,
including the implementation of military co-operation programmes
adopted by the Participants.
Section 2
Scope
1. Detailed arrangements related
to specific projects and activities between the Participants will
be laid out separately in Technical Arrangements. These will be
concluded within the auspices of this MOU, but will not become
integral parts of this MOU.
2. Nothing in this MOU shall be construed as placing an
obligation on Participants to commit them to participate in
certain projects or activities. All commitments will be agreed
upon on a case-by-case basis. Unless otherwise agreed, each
Participant retains the right to withdraw at any stage from
projects and activities conducted under the auspices of this
MOU.
3. This MOU is not intended to conflict with the national
legislation of the Participants or with international law. In
case of conflict, international law and national legislation will
prevail. The Participants will notify each other in the event of
any conflict arising.
Section
3
Definition of
terms
For the purpose of this MOU:
1. Host Nation Support means the support provided by the
Participant receiving personnel from the other Participant on its
territory.
2. National Security Authority (NSA)/Designated Security
Authority (DSA) means the government entity or entities of each
Participant responsible for protective security policy and
guidance.
3. NATO SOFA means the Agreement between the States parties to
the North Atlantic Treaty regarding the status of their forces,
done in London 19th of June 1951.
4. PfP SOFA means the Agreement among the States Parties to the
North Atlantic Treaty and the Other States Participating in the
Partnership for Peace Regarding the Status of their Forces, with
the Additional Protocol to the Agreement among the States Parties
to the North Atlantic Treaty and the Other States Participating
in the Partnership for Peace Regarding the Status of their
Forces, done in Brussels 19th of June 1995.
Section 4
Points of contact
Each Participant will appoint a
point of contact for each project or activity concluded within
the auspices of this MOU.
Section 5
Jurisdiction, repatriation and claims
1. The Participants will exercise
criminal and disciplinary jurisdiction over their own personnel
in accordance with the provisions of NATO SOFA/PfP SOFA.
2. For the purpose of Articles VII and VIII of the NATO SOFA,
civilian personnel assigned to work under the auspices of this
MOU, shall be deemed to be members of a civilian component within
the meaning of Article I of NATO SOFA.
3. A Participant receiving personnel within its territory retains
the right to request repatriation of any member of the visiting
personnel as laid down in Article III, para. 5 of NATO
SOFA.
4. Claims will be handled in accordance with the provisions of
NATO SOFA/PfP SOFA.
5. To ensure reciprocity between the Participants concerning the
waiver of claims up to a certain amount in accordance with
Article VIII, para. 2 (f) of NATO SOFA, the amount of 10 000
Norwegian Kroner (NOK) will be governing for both
Participants.
6. The Participants will exchange information through the points
of contact referred to in Section 4, to whom claims are to be
forwarded.
Section 6
Command and control
Each Participant retains command
and control over their personnel as specified in a Technical
Arrangement. When conducting a project or activity on the
territory of the other Participant, the sending Participant will
appoint and instruct a Senior National Representative among its
personnel.
Section 7
Host Nation Support
The Host Nation will to the extent
feasible provide, free of charge, access to military
accommodation, canteen facilities and offices for military
personnel of a Participant assigned to a project or an activity
under the auspices of this MOU on the territory of the other
Participant. The extent of such and other Host Nation Support
arrangements will be concluded in advance in a Technical
Arrangement for each project or activity.
Section 8
Financial provisions
1. Unless otherwise agreed, each
Participant will cover its own expenses derived from military
co-operation projects and activities under the auspices of this
MOU.
2. The provisions of NATO SOFA/PfP SOFA will apply with regard to
import, re-export, taxes, customs, duties and similar
charges.
Section 9
Protection of classified information
1. Classified information
exchanged between the Participants subject to this MOU will be
used, handled and safeguarded in accordance with the
Participants' national security laws and regulations. The degree
of protection provided should be no less stringent than that
provided for NATO classified information and material as detailed
in the document "Security within the North Atlantic Treaty
Organisation", C-M(2002)49, dated 17 June 2002.
2. Classified information and material will be transmitted only
through official secured channels between the competent
authorities of the Participants.
3. Each Participant will appoint a National Security Authority
(NSA)/Designated Security Authority (DSA) responsible for
security issues arising from projects and activities under the
auspices of this MOU.
4. Detailed security arrangements for specific purposes may be
regulated in separate instructions or in Technical
Arrangements.
Section 10
Official language
The working language for projects
and activities under the auspices of this MOU will be
English.
Section 11
Modifications, amendments
and disputes
1. The Participants will enter
into consultations and, when necessary, review the MOU on the
request of one or both Participant(s).
2. This MOU may be modified and amended at any time by mutual
agreement in writing between the Participants.
3. Any dispute regarding the interpretation or application of
this MOU will be resolved through negotiations between the
Participants at the lowest possible level and will not be
referred to any national or international tribunal or other third
party for settlement.
Section 12
Entry into effect, termination
and withdrawal
1. This MOU is concluded for an
unlimited period of time and will enter into effect upon the date
of the last signature.
2. The Participants may terminate this MOU at any time by mutual
written agreement.
3. Each Participant can withdraw from the MOU by giving three (3)
months prior written notice to the other Participant.
4. If the MOU is terminated, or if any of the Participants
withdraw from the MOU, the Participants will initiate
negotiations to settle
all outstanding mutual financial
obligations, claims, disputes and security issues in accordance
with this MOU. All classified information exchanged or generated
under this MOU will continue to be protected in the event of
termination or withdrawal.
Signed in two originals, both
drawn up in the English language, one for each Participant.
For the Ministry For the
Ministry
of Defence of Defence
of the Republic of the Kingdom
of Latvia of Norway
Date Date
of signature of signature
11.12.03. 08.01.04.