Military Training Cooperation Agreement Between The Government Of The Republic Of Latvia And The Government Of The Republic Of Turkey
The Government of the Republic of Latvia and the Government of the Republic of Turkey (hereinafter, referred to as "Parties");
Reaffirming their devotion to the aims and principles of the United Nations Charts and The Organization for Security and Cooperation in Europe, which further develop the clarity and transparency in the military activities and strengthen security through the security building measures,
Taking into consideration the provisions of the "Agreement on Cooperation in Military Fields of training, technics and science between parties dated on February 19, 1997 in Ankara
Stressing the desire for promoting the relations on existing friendship and cooperation between them and for establishing cooperation on the fields of military training and education,
Have agreed upon the followings.
Article - I
The purpose of this agreement is to establish the military training cooperation between the Government of the Republic of Latvia and the Government of the Republic of Turkey.
Article - II
SCOPE OF THE AGREEMENT
This agreement covers the military educational institutions and units and the personnel who will receive training and education in those institutions as well as military personnel on temporary duty and units of both parties and the responsibilities of respective parties, principles and procedures concerning the cooperation.
Article - III
The terms, included in this agreement;
1. "Sending State" means; the State to which the military personnel, who will receive training, belongs to.
2. "Receiving State" means; the State, which keeps the military personnel on its own territory, due to the practice of this agreement.
3. "Competent authority" means;
a. in Latvia;
The competent authority of the Government of the Latvia is the Ministry of Defence of Latvia; the competent authority of the Government of the Republic of Turkey is the Turkish Embassy in Vilnius.
b. in Turkey;
The competent authority of the Government of the Republic of Turkey is the Turkish General Staff; the competent authority of the Government of the Republic of Latvia is the Latvia Embassy in Rome.
4. "Military personnel" means; the personnel who are members of the Armed Forces of either parties and located in the Receiving State for the goals of this agreement. The term "military personnel" covers the "Cadets", "Probationary military personnel" and "Military personnel on temporary duties".
5. "Cadet" and "Probationary military personnel" means; the military personnel sent by one party for the purpose of receiving training in the military Training institutions of the other party.
6. "Military personnel on temporary duty" means; those personnel sent by one of the Armed Forces of either States to the other country's units and/or institutions, in order to carry out the cooperation activities envisaged in this agreement, except the military personnel defined in the item 5 of this article.
7. "Commander" or "Superior" means; the commander or the superior of the unit, headquarters or the installation where the military personnel will be located, in accordance with the existing legal legislation of the Receiving State.
8. "Dependents" means; the individuals in the family to whom the military personnel is obliged to look after, in accordance with its own legislation.
9. "Cooperation in the Field of Military Training" expresses the exchange of personnel experience and information related to the activities, by the parties, in the theme of military training.
10. "Official Duty", expresses the execution of tasks and duties to be made in the direction of the aims of this agreement.
11. "Group Leader/Team Leader" means; the most senior military personnel assigned according to the legislation of the Sending State, in order to direct the activities of the military personnel sent for executing the activities envisaged in this agreement.
12. "The Offences connected to Formal Duties" mean; the offences arising from the actions and negligently inseparable from the formal duty, during the executing of the formal duty.
Article - IV
THE FIELDS OF MILITARY
This agreement, will cover the following themes in the filed of military training cooperation:
1. Military visits to units, headquarters and institutions,
2. Sending observers to exercises,
3. Cadet School training,
4. Military Academy training,
5. Branch School training,
6. Staff Colleges training,
7. Military Medical Academy and Military Medical College training,
8. Various short term courses,
9. On the job training in units, headquarters and institutions,
10. The mutual assistance for exchanging knowledge in the field of developing the training aid and equipment,
11. Training and cooperation in the fields of military history and museology.
Article - V
THE ESSENTIALS OF MILITARY
1. The training is to be given in the Receiving State's language or may be given in English when appropriate and possible in the frame of training and education system of the Receiving State. When requested by the Sending State, the training for the courses given in Turkish less than one year period can be given with the help of translators. In this case, the Sending State can assign sufficient numbers of military/civilian translators. Upon request of the Sending State, the Receiving State may assist in providing translators. Then the expenses of translation will be borne by the Sending State.
2. The progress of the professional training of the military personnel at various services and ranks will be provided on the basis of reciprocity.
3. The parties will determine the details of practices related to the area/areas, in which they will cooperate, with implementation plans, technical and lower-level arrangements.
4. The cooperation will be realized, by taking into consideration the mutual interests and needs of both parties on reciprocal basis.
Article - VI
IMPLEMENTATIONS AND OBLIGATIONS
RELATED TO COOPERATION
1. The needed equipment and materials for the application of services and activities, during the training may be given, by the Receiving State, to the personnel arriving to the training, on condition of being taken back, at the end of training.
2. Necessary precautions for residence, security, and benefits from other facilities for the military personnel sent to the Receiving State for the fields of cooperation will be taken by the Receiving State.
3. When considered necessary, a new protocol might be arranged and signed by the parties (in the status of a protocol based on this agreement) for the realization of a specified training area. This protocol will include the following matters:
a. The theme of the training,
b. The principles of the training,
c. The duration of training and the commencement and completion dates,
d. The selection criteria of the military personnel sent for the training,
e. The language to be used for the training,
f. Whether the training expenses will be paid by the Sending State, the amount to be paid and the payment method if the payment will be done.
g. Other matters seen as necessary related to the training.
h. If to make annual plan based on this protocol or except the protocols to be made pursuant to this agreement, is considered, the following aspects for each activity will be determined in the annual plan.
(1) The context of the training and the name and location of the place at which the training will be provided.
(2) The commencement and completion dates of the activity.
(3) The level of the training and the selection criteria for the military personnel to be sent.
(4) The language to be used.
(5) The number of the military personnel who will participate in.
(6) Financial matters:
(a) Whether the training will be free of charge or on charge, the procedures of payment.
(b) The obligations, conjectural expenses and invoices and reimbursement procedures of the parties.
(7) In case, additional training is requested after the preparation of annual plan, this matter will be carried out to be realized by mutual approval by further evaluation.
4. The cadets and trainee military personnel will be selected by the Sending State by taking consideration to into the capabilities of the Receiving State, in accordance with the needs of the Sending State.
5. The military personnel on temporary duty are selected by Sending State according to the coordination made with Receiving State.
6. Training programs for the military personnel participating to the training and education and the scope of the subject for the trainee, will be fixed by the unit command and institution that will give the training.
7. Limitations can be posed on training subjects that require national security.
8. The type of exams, assessment and rating, training certificate and document related to trainee military personnel will be fixed by institutions and units of the Receiving State, depending on the regulations of the Receiving State.
Article - VII
SECURITY AND SECRECY
OF THE CLASSIFIED INFORMATION
1. All military personnel are to comply with the rules of the Receiving State concerning secrecy and protection of the classified information.
2. Regarding the classified information documents and materials provided by other party, one of the parties shall fix the same secrecy for this information; documents and material assigned by other party and take necessary security measures for this purpose.
3. All military personnel, after completion of training or completion of their formal duties, in accordance with the agreement will continue to protect the classified information they acquired.
4. Release of the information obtained at the conclusion of military cooperation with a third country, will only be possible with the written permission of the relevant institution of the both parties.
Article - VIII
COMMITMENTS OF PARTIES
IN ACCORDANCE WITH THE OTHER
This agreement will not affect the commitments binding upon each of the parties, in accordance with other international agreements, which they are parties to and are not directed against the interest, security and territorial integrity of other States.
Article - IX
AND MISSION RESTRICTIONS
Military personnel can't participate in any armed conflict involving a third country or can't be employed with the aim of domestic security when he is within the territory of Receiving State and no duties apart from the duties defined in this agreement will be charged to the personnel sent for training.
2. Termination of training:
In case of breaching the laws of the Receiving State, or the Sending State the training of the military personnel in the Receiving State will be ended and the Article X of this agreement will be applied for this personnel.
a. The Sending State is authorized to withdraw the military personnel any time deemed necessary and without stating any reason for it. The Receiving State will take necessary measures in order to realize this withdrawal as soon as possible.
b. In case of war, armed conflict, public unrest, or international crisis, the military personnel, receiving training, in the Receiving State, will be returned to their own country upon the demand of the Sending State.
Article - X
1. Right of jurisdiction:
a. Military personnel and their dependents will be subject to the existing law and regulations of the Receiving State and the right of criminal jurisdiction will be vested in Receiving State.
b. Military personnel will be regarded as military personnel of the Receiving State with respect to penal and disciplinary regulations of the Receiving State. The Sending State's right of jurisdiction will be valid solely in the following cases:
(1) Offences committed by the military personnel solely against the property or the security of the Sending State.
(2) Offences arising out of actor or mission of the military personnel sent as trainers, instructors, advisors or observers in the performance of their duties.
a. No indemnities will be claimed by the Receiving State for any loss or damage to be inflicted unintentionally to the goods under the ownership of the Receiving State by military personnel sent to receiving training and instruction during or because of the performance of their official duties. No indemnities will be claimed for any loss or damage to be inflicted unintentionally to the goods under the ownership of Receiving State by the personnel sent as trainees, instructors, advisors or observers during or because of the performance of their official duties. The Receiving State and Sending State waive all their claims against each other should injuries or deaths of their military personnel occur during the performance of operations within the framework of this agreement.
b. Whether the loss and damage are performed intentionally and to determine the indemnification expenditures, an expertise committee compromising three persons is designated by the Receiving State. The Sending State may have a representative in the expertise committee in an observer status.
c. The competent authority of the Sending State will pay adjudged indemnification within a period of three months to the bank shown by Receiving State and send the receipt to the competent authorities of the Receiving State. In case of disagreement, the decision, given by the authorized and assigned courts of the Receiving State, will be final and it will be accepted by both parties.
d. The losses and damages (unintentionally or not) inflicted upon the good under the ownership of real persons or juridical bodies are out of the circumstances mentioned above. If this kind of loss and damage is due to the intentional operation of military personnel sent, it is indemnified by the Sending State. Action for the loss or damage inflicted upon real persons or juridical bodies by the military personnel or their dependents while off duty will be taken according to the following principles:
(1) Taking into consideration all the circumstances of the case, including the conduct of the person who suffered loss or damage, the subject loss or damage will be determined by an expertise committee comprising at least there persons to be designated by the Receiving State. The Sending State may have a representative in the expertise committee as an observer,
(2) The indemnification estimated by the expertise committee will be notified by the Receiving State to the competent authority of the Sending State. The competent authority of the Sending State will pay the estimated the value to the Central Bank of the Receiving State within a period of three months and forward the receipt to the competent authority of the Receiving State.
(3) In case, the claimant and the Receiving States competent authority objects to the estimated value; the case will be referred to the judiciary bodies of the Receiving State. The indemnities and court expenditures fixed by these bodies will be paid by the Sending State according to the above mentioned procedures.
3. Solution of the Disputes:
The parties will solve the disputes, which arise from the comments and implementations of this agreement, by means of negotiations. Negotiations will be started within 30 days after the written request is received. If the negotiations can not be concluded in 45 days, each party have the right to terminate the agreement with a 30 days of written prior notice to the other party.
4. Discipline Procedures:
a. Military personnel should obey the orders and directives implemented in the unit, headquarters and institutions in which they are tasked.
b. The trainee military personnel will be subject to legislation of the Receiving State with respect to disciplinary sanctions.
c. The disciplinary superiors designated by the Sending State are authorized to take disciplinary action against the military personnel other than trainees on temporary duty. During the exercises of this authority, they will:
(1) Notify, in writing, the result of the disciplinary action taken if demanded by the commanders where the military personnel other than trainees on temporary duty are located.
(2) Notify, in writing, the commander of those disciplinary sanctions that may impede the duties of the military personnel other than trainees.
d. Group Leader/Team Leader:
(1) Is responsible to ensure that the subordinates, who are performing their task in the units and institutions of Receiving State, comply with the legislation of the Receiving State and regulations of units and institutions.
(2) Establishes liaison between the superior commander of the unit he and his group have been tasked.
(3) Provides the contact with the competent authorities of Sending State.
(4) As being the authorized person to sign the related invoices.
(5) Is authorized to take the disciplinary action against the military personnel under his immediate supervision.
Article - XI
Mutual financial commitments will be given in detail in arrangements to be made in accordance with this agreement.
2. Payments and Expenses:
a. The Sending State provides transportation expenses of the military personnel and their dependents to/from the Receiving State. When it is available and permitted by concerned authorities of the parties, the military personnel of Sending State can benefit from military air/land transportation means of either parties, free of charge. Methods of using military transportation shall be laid down by the parties in accordance with their own regulations.
b. All kind of training, financial and personal right of the military personnel and their dependents will be assumed by Sending State.
c. The living allowances accommodation, treatment, operation, maintenance, sustainment, depreciation and exercise expenses applied to the military Personnel are chargeable to the Sending State and will be paid to the Receiving State.
d. The expenses mentioned above, announced by the Receiving State will be paid in US Dollars by the Sending State to the Central Bank of the Receiving State at the end of each training period and within 30 days.
e. Payment shall be remitted in US Dollars calculated at current rate of exchange at the date of payment.
f. The outlays of the military personnel, incurred during their leave and their personnel expenditures, will be borne by themselves.
g. The Sending State will be responsible for providing all services and expenditures (including the ones not related with training) of the military personnel and their dependents.
Military personnel and their dependents will be subject to the tax legislation in force of Receiving State during the entry/departure and staying period in the Receiving State.
4. Personal Matters:
All the financial and personal rights of the military personnel and their dependents will be provided by the Sending State.
Article - XII
THE MATTERS RELATED
TO THE PERSONNEL
1. Status of the military personnel:
Status subjected to military personnel who will attend training and instruction will be implemented as stated in relevant articles of this agreement and protocol, which will be done depending on this agreement.
a. The military personnel, with the exception of military students, are required to wear their own military uniforms.
b. Military students will wear the military attire in accordance with the uniform regulations, implemented in the military training/instruction institutions of the Receiving State.
c. Military students will obey the uniform regulations of the Receiving State while they are on leave.
d. Military students will wear their own military insignias with the purposes of identification.
e. Officers, non commissioned officers and other military personnel are authorized to wear their own civilian clothes at their leisure.
f. During the implementation of the activities, if the conditions necessitate, the Receiving State will provide the training attires and working dresses.
a. Vacations for personnel receiving training and instructions will be given in accordance with the training and instruction programs and the principles applicable to the comparable military personnel of the armed forces of the Receiving State.
b. The group leader, team leader of the competent authority of Sending State may give a total of ten days leave of absence in a year, based on plausible reasons upon the approval of the commander or superior of the institution at which the trainee is tasked.
c. A maximum of one-month sick leave based on the medical statement of one of the military hospitals in the Receiving State may be given to the military trainee. If he is not cured by then for his military duties, his task will be terminated by mutual agreement of the parties and he may be replaced with another personnel.
d. Out of garrison vacations of the Receiving State will be given by the superior of the military personnel upon the approval of the competent authority of the Receiving State.
e. In-garrison vacations will be given by the superior of the training unit, institutions and the facility.
f. Vacations to be used outside the Receiving State's country will be given by the competent authority of the Receiving State in accordance with the agreement to be reached between the competent authorities of both states.
g. Vacations of absence will be given by the authority of training unit, institutions and the facility superior.
h. Non trainee military personnel will be subjected to relevant legislation of the Sending State.
a. In case of death of the military personnel or their dependents in the Receiving State, the Receiving State will immediately inform the situation to the Sending State and the Sending State will decide the burial of deceased in the Receiving State or it's transfer by air to Sending State.
b. Should it be decided the decision is given on the burial of the deceased in the Receiving State, the Receiving State will meet the burial expenses and will make all necessary regulations for the funeral services. The Receiving State on request will organize a military funeral ceremony provided to the personnel of the Receiving State.
c. Should it be decided the deceased to be transferred to the Receiving State the Receiving State will make all the arrangement for transfer of the deceased to Sending State by bearing all the expenses.
Article - XIII
1. The military personnel and their dependents will benefit from the same medical and dental care facilities provided to the equal personnel of the Receiving State.
2. For all the expenses of the military personnel and their dependents for medical treatment and other medical services, except medical and dental care, the Sending State will be notified through its competent authorities, at the end of each training period or every three months in accordance with the preference of the Receiving State's competent authority. The competent authority of the Sending State, within a maximum period of three months starting form the date of notification, will make the necessary payment to Central Bank of the Receiving State and will send the receipt to the competent authority of the Receiving State.
3. With the exception of the medical and dental care, all expenses incurred for the other medical services will be paid to the Receiving State in US Dollars by the Sending State according to the price list for examination and check-up, analysis, treatment, operation and cures prepared by the appropriate command.
4. Costs of the services and the materials provided by the civilian resources will be paid by the patients.
5. Following services are excluded form the scope of mutual care and supporting dental examination:
a. Outpatient treatments by civilian medical doctors and dentists,
b. Transportation of patients other than military ambulances,
c. Inpatient treatment in civilian health institutions,
d. Cures and special treatment methods,
e. Visual and audio health equipment,
f. Orthopedic and other aids,
h. Services and materials of dental laboratories,
i. Treatments on gynecology.
Article - XIV
Military personnel and their dependents will benefit from officers club, military commissary, canteen, messing facilities, resting camps in accordance with the directives in force.
Article - XV
CUSTOMS AND PASSPORT PROCEDURES
1. Parties, on their entry to and exit from the country of the Receiving State and during their presence in that countries, will be subject to the customs regulations and laws of the Receiving State.
2. Military personnel and their dependents will be subject to the provisions of the laws concerning the residence and travel of foreigners within the territory of the Receiving State and they will not carry diplomatic passport.
Article - XVI
REVISION AND AMENDMENT
When necessary, each of the parties will be able to propose the revision and review of this agreement in written. In this case, the parties will start discussion on revision and amendment of subjects, within 30 days. If no results are obtained within 45 days after consultations, either party may terminate this agreement after a 30 days of written notification. The revisions and modifications agreed upon will come into force in accordance with the provision in article XVIII.
Article - XVII
DURATION AND TERMINATION
1. The duration of this agreement is 5 years. In case, one of the parties does not notify the termination within 90 days before the termination of this period and later periods of 1 year, it will continue to stay into force, for periods of 1 year.
2. In case, one of the parties concludes that the other party does not comply or is not able to comply with the provisions of the agreement it will be able to propose consultation, in written. These consultations will be started within 30 days of written notification. If no results are obtained within the following 45 days, one of the parties will be able to terminate this agreement with a 30 days of written notification.
Article - XVIII
RATIFICATION AND ENFORCEMENT
This agreement shall come into effect upon the date of exchange of notes of ratification in accordance with the respective legal procedures made by the participants.
Article - XIX
TEXT AND SIGNATURE
1. This agreement is made in duplicate, in Latvian, Turkish and English languages, all texts being equally authentic. Should disagreement arise, the English text will be taken as basis.
2. This agreement is made on the date of September 30, 1999 in Ankara and signed in presence at the above provisions on the date.
ON THE BEHALF OF THE GOVERNMENT ON THE BEHALF OF THE GOVERNMENT
OF THE REPUBLIC OF LATVIA OF THE REPUBLIC OF TURKEY
Name: Ģirts Valdis Kristovskis Name: Edip Ba®er, General
Title: Minister of Defence Title: Deputy Chief of General Staff
Tiesību akta pase
Publicēts:"Latvijas Vēstnesis", 250/251, 05.07.2000.