AGREEMENT BETWEEN THE REPUBLIC OF LATVIA AND THE KINGDOM OF SWEDEN CONCERNING MILITARY CO-OPERATION AND STATUS OF PERSONNEL

The Republic of Latvia and the Kingdom of Sweden, as represented by the Swedish Armed Forces hereinafter referred to as the Parties,

Considering that the armed forces of the one Party may be sent, by arrangement, to the territory of the another Party for officially agreed purposes,

Wishing to set forth the practical framework for the implementation of bilateral military co-operation,

Desiring to define the status of such forces while in the territory of either of the Parties,

Have agreed as follows:

Section 1

Definitions

For the purposes of this Agreement the following definitions are applicable:

a. "PfP SOFA" means the Agreement between the States Parties to the North Atlantic Treaty and the other States Participating in the Partnership for Peace regarding the Status of their forces and its Additional Protocol, done at Brussels, June 19, 1995;

b. "NATO SOFA" means the Agreement between the States Parties to the North Atlantic Treaty regarding the Status of their forces and its Additional Protocol, done at London, June 19, 1951;

c. "Sending Nation" means the Party sending its personnel to the territory of the other Party;

d. "Receiving Nation" means the Party receiving the personnel of the other Party on its territory;

e. "Personnel" means military personnel of air, land and sea forces of the Parties and civilian component of such forces performing official duties in connection with this Agreement and Technical Arrangements thereof.

Section 2

Purpose and Scope

1. The purpose of this Agreement is to provide the overall legal framework concerning the bilateral military co-operation of the Parties as well as status of the Parties' personnel while implementing bilateral military co-operation activities in the territory of either of Party.

2. This Agreement provides a practical framework for the bilateral military co-operation, and establishes the mutual understandings and responsibilities concerning the implementation of the annual military co-operation programme adopted by the respective authorities of the Parties, including long-term stationing of Swedish advisers and instructors in Latvia as well as participation in courses and other training programmes that will take place on the territory of one of the Parties.

3 . Detailed arrangements related to specific projects and activities within the bilateral military co-operation of the Parties will be agreed upon in Technical Agreements (TA). These will be negotiated and concluded separately between the Parties or their designated authorities concerning each such project or activity. Each TA will be concluded under the auspices of this Agreement, but without becoming an integral part of it.

Section 3

Management of the project and points of contact

The Parties or their respective authorities will appoint a point of contact for each project or activity within the bilateral military co-operation.

Section 4

Language

The working language will be English or as otherwise agreed upon between the Parties or their designated authorities.

Section 5

Driving licences

The Receiving Nation shall accept as valid, without a driving test or fee, the driving permit or licence issued by the Sending Nation to its personnel.

Section 6

Wearing of uniform

The military personnel of the Sending Nation shall normally wear uniform while staying on the territory of the Receiving Nation. Wearing of civilian dress by the military personnel of the Sending Nations will be on the same conditions as for the military personnel of the Receiving Nation. Regularly constituted units or formations of the armed forces of the Parties shall be in uniform when crossing a border.

Section 7

Posses and carry of arms

The military personnel of the Sending Nation may possess and carry arms on conditions which set out in specific TA's.

Section 8

Discipline and Jurisdiction

1. The status of personnel of the Sending Nation while on the territory of the Receiving Nation will be regulated in accordance with the provisions of Article VII of NATO SOFA.

2. While exercising its jurisdiction in conformity with the NATO SOFA the Parties will, however, not be allowed to establish a court or execute sentences on the territory of the other Party.

3. The Receiving Nation will not take disciplinary action against the military personnel of the Sending Nation.The Sending Nation is authorised to take appropriate disciplinary measures, which are immediately necessary to ensure and maintain order and security within Sending Nation force.

4. The Receiving Nation will promptly notify the Sending Nation of the arrest of any member of its personnel.

Section 9

Claims

1. The Parties waive all their claims against each other for damage to any property owned and used by its land, sea or air armed forces, if such damage:

a. Was caused by a person participating in training and education in the performance of official duties, or

b. Arose from the use of any vehicle, vessel or aircraft owned by the other Party and used by its armed services provided that either the vehicle, vessel or aircraft causing the damage was being used for official purposes, or that the damage was caused to the property being so used.

2. The Parties waive all their claims against each other for injury or death suffered by any person participating in a project or activities following this Agreement while such person was engaged in the performance of official duties.

3. Nothing herein shall be construed as waiving the claims or suits of third parties that might exist under applicable law.

4. The Swedish Armed Forces, however, will not assume any liability, except for intent or gross negligence, for occurrences related to the support given by Swedish advisors and instructors to Latvia pursuant to this Agreement.

Section 10

Repatriation, withdrawal of personnel

1. The respective authorities of the Parties retain the right to repatriate or withdraw their personnel from any stage of an activity or project.

2. The Receiving Nation retains the right to request removal of any member of the Sending Nation's personnel.

Section 11

Logistic and host nation support

1. The Receiving Nation will make its best effort to provide the Sending Nation such supplies and services as are needed during implementation of bilateral military co-operation. Details for host nation support and any financial arrangements will be specified in relevant TA for each activity or project.

2. The Receiving Nation will assist the Sending Nation's personnel to obtain visas and/or any other necessary permissions for staying on its territory. The financial issues of this assistance will be specified in separate TA's.

Section 12

Disclosure of information

1. Request for information regarding a Party will be referred to that Party.

2. All classified information and materiel exchanged or generated in connection with this Agreement will be used, transmitted, stored, handled and safeguarded in accordance with the Agreement between the Government of the Republic of Latvia and the Government of the Kingdom of Sweden concerning the protection of classified information, signed on February 11, 2002.

Section 13

Donations and import/export of equipment and supplies

1. Procedures and points of entry (civil or military) for the donations and import/export of equipment and supplies between the Parties will be agreed upon in separate TA's.

2. Delivery of equipment to the point of entry in the territory of the Parties will be exempt from any custom fees.

3. When operating in support of activities under this Agreement the overflying rights for the Parties military aircrafts will be afforded free of charge as well as they will be exempted from landing and arrival fees. Expenses connected with use of airfield facilities in such cases will be borne by the Host Party.

4. The Party donating and/or transferring equipment and supplies to the other Party is not responsible for possible damages, claims or additional expenses that may arise following such transfer or donation.

5. No donated or transferred equipment or parts of such equipment may be sold or in any other way subsequently transferred to a third party.

Section 14

Command and Control

1. The military personnel of the Sending Nation while staying in the territory of the Receiving Nation will retain under full command of its military authorities. The relationship between the Parties will be co-operation.

2. Operational Command may be delegated to the appointed responsible officer of the Receiving Nation as mutually agreed in separate TA between the Parties or their designated authorities.

3. When conducting activities outside its own territory, the Parties will appoint and instruct a Senior National representative among their personnel.

Section 15

Safety

1. The Receiving Nation will be responsible for the overall security and safety measures during the implementation of bilateral military co-operation. The Parties inform each other, if necessary, on safety and security regulations in force.

2. The Sending Nation personnel will observe its own safety regulations unless the safety and security regulations of the Receiving Nation are stricter in which case the regulations of the Receiving Nation will be observed.

3. The Receiving Nation will appoint a safety officer who will be responsible for the safety and security measures during the implementation of a concrete project or activity.

Section 16

Final Provisions

1. Any Party may withdraw from this Agreement by giving three months written notification to the other Party.

2. If this Agreement is terminated, or if any of the Parties withdraw from the Agreement, the Parties will initiate negotiations to settle all outstanding mutual financial obligations, claims, disputes and security issues in accordance with this Agreement.

3. This Agreement may be amended at any time, in writing, by the mutual consent of the Parties.

4. Any dispute concerning the interpretation or application of this Agreement will be resolved by consultation between the Parties without recourse to any outside jurisdiction.

5. This Agreement shall enter into force on the date of the receipt of the last of the notifications between the Parties informing each other of the completion of the necessary internal procedures and will remain effective for the period of five years. The Agreement may be extended, if the Parties will agree so by the exchange of notes.

This Agreement is done in two original copies in English, one for each Party.

 

Representing the Republic of Latvia Representing the Kingdom of Sweden

Ģirts Valdis Kristovskis	Hans Bendtsson
Date: October 4, 2002	Date: October 22, 2002
Place: Rīga	Place: Stockholm