MEMORANDUM OF UNDERSTANDING AMONG THE
MINISTRY OF DEFENCE OF THE REPUBLIC OF LATVIA, The Ministry of
Defence of the Republic of Estonia, The Federal Ministry of
Defence of the Federal Republic of Germany,The Ministry of
Defence of the Italian Republic,The Ministry of National Defence
of the Republic of Lithuania,The Minister of National Defence of
the Republic of Poland andThe Ministry of Defence of the United
Kingdom of Great Britain and Northern IrelandCONCERNINGTHE
ESTABLISHMENT, ADMINISTRATION AND OPERATION OFTHE NATO STRATEGIC
COMMUNICATIONS CENTRE OF EXCELLENCE
TABLE OF CONTENTS
Introduction
Section 1: Definitions
Section 2: Purpose
Section 3: Role and Responsibilities
Section 4: Organisation and Relationships
Section 5: Programme of Work
Section 6: Personnel
Section 7: Framework Nation Support
Section 8: Participants' Additional Responsibilities
Section 9: Cost Share
Section 10: Financial Provisions
Section 11: Financial Considerations
Section 12: Claims
Section 13: Security
Section 14: Legal Considerations
Section 15: Addition of New Participants
Section 16: Withdrawal of Participants
Section 17: Settlement of Disputes
Section 18: Amendment and Record of Change
Section 19: Termination
Section 20: Entry into Effect
Section 21: Final Considerations
Annexes:
Annex A: Participation Table
Annex B: Terms of Reference of the NATO StratCom COE's
Steering Committee
Annex C: The NATO StratCom COE's Director Terms of
Reference
Annex D: Shared Costs
Annex E: Framework Nation Support
Annex F: Sample Note of Joining
Annex G: Record of Change
INTRODUCTION
The Ministry of Defence of the Republic of Latvia, Framework
Nation, the Ministry of Defence of the Republic of Estonia, the
Federal Ministry of Defence of the Federal Republic of Germany,
the Ministry of Defence of the Italian Republic, the Ministry of
National Defence of the Republic of Lithuania, the Minister of
National Defence of the Republic of Poland and the Ministry of
Defence of the United Kingdom of Great Britain and Northern
Ireland,
hereinafter referred to as the "Participants" -
DESIRING to further enhance their co-operation in the
framework of the North Atlantic Treaty, signed on 4 April
1949;
CONSIDERING that in accordance with MC 324/3 (Final),
"The NATO Military Command Structure (NCS)", dated 16
February 2010, and MCM-236-03 "MC Concept for Centres of
Excellence", dated 4 December 2003, the North Atlantic
Treaty Organization (NATO) Command Arrangements (NCA) are to be
supported by a network of Centres of Excellence (COE) which
provide opportunities to enhance education and training, to
improve interoperability and capabilities, to assist in doctrine
development and to test and validate concepts through
experimentation;
CONSIDERING that the Supreme Allied Commander Transformation
(SACT), in accordance with MC 58/3 "Terms of Reference for
the Supreme Allied Commander Transformation", dated 17 May
2004, has the overall responsibility for the co-ordination and
employment of COE within NATO;
NOTING the letter by the Chief of Defence of the Republic of
Latvia to SACT, dated 20 February 2013, offering the initiative
to create a NATO Strategic Communications Centre of Excellence
(the NATO StratCom COE);
NOTING further the response letter by SACT, dated 26 April
2013, by which SACT acknowledges the offer to establish a NATO
StratCom COE and its Concept to provide a vital contribution in
strengthening NATO's capability in the field of strategic
communications;
NOTING the Concept for the NATO StratCom COE, which provides
for a value-added contribution to the transformation efforts of
NATO in the field of strategic communications;
RECOGNISING their intent to enter into the Memorandum of
Understanding (MOU) concerning the Functional Relationship
regarding the NATO StratCom COE with Headquarters Supreme Allied
Commander Transformation (HQ SACT) (referred to as "NATO
StratCom COE Functional MOU");
CONSIDERING that, as detailed in MCM-236-03, COE should
provide tangible improvement to NATO capabilities and therefore
be relevant to NATO's transformational efforts;
HAVING REGARD to the provisions of the Agreement between the
Parties to the North Atlantic Treaty regarding the Status of
their Forces (NATO SOFA), dated 19 June 1951, the Protocol on the
Status of International Military Headquarters set up pursuant to
the North Atlantic Treaty (Paris Protocol), dated 28 August 1952,
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 (PfP SOFA), dated 19
June 1995, 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 (Additional Protocol to the PfP SOFA), dated 19
June 1995, and including the Further 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 (Further Additional Protocol
to the PfP SOFA), dated 19 December 1997;
NOTING that not all Participants are Parties to the Additional
Protocol and the Further Additional Protocol to the PfP SOFA;
CONSIDERING with MCM-236-03, that, upon approval by the
Military Committee (MC) and endorsement by the North Atlantic
Council (NAC) a COE has to be NATO accredited;
CONSIDERING further, with MCM-236-03, that, upon
accreditation, the NAC can grant a COE the status of a NATO
Organisation under Paris Protocol;
NOTING that the Republic of Latvia as the Framework Nation,
acting on behalf of the other Participants and in coordination
with HQ SACT, will submit a request to the NAC for the activation
of the NATO StratCom COE as a NATO Military Body, in compliance
with CM(69)22, and thus for it to be granted international status
under Paris Protocol, article 14
and
DESIRING to establish the NATO StratCom COE for the
facilitation and transformation in the field of strategic
communications within overall NATO transformation efforts - have
reached the following understanding:
SECTION 1
DEFINITIONS
1.1. Unless another meaning is specified within this MOU and
its follow-on documents, the "NATO Glossary of Terms and
Definitions" (AAP-6) and the "NATO Glossary of
abbreviations used in NATO documents and publications"
(AAP-15) will apply.
1.2. The following definitions apply for the purpose of this
MOU and its follow-on documents:
a. Allied Command Operations (ACO) - as outlined in MC 324/3
(Final), dated 30 January 2013, the Command composed of Supreme
Headquarters Allied Powers Europe (SHAPE) and the other
organisations subordinate to SACEUR.
b. Allied Command Transformation (ACT) - as outlined in MC
324/3 (Final), dated 30 January 2013, the Command composed of HQ
SACT and the other organisations subordinate to SACT.
c. Background Information - information not generated in the
implementation of this MOU.
d. Centre of Excellence (COE) - as defined in MCM-236-03, a
NAC-accredited nationally or multi-nationally sponsored centre
supporting NATO.
e. COE Network - the Network of all COE supporting the NCA
coordinated by HQ SACT.
f. Director- the person directing the NATO StratCom COE.
g. Financial and administrative procedures (FAP) - the
procedures, based on NATO Financial Regulations, used to regulate
all financial transactions for the NATO StratCom COE.
h. Foreground Information - information generated in the
implementation of this MOU.
i. Framework Nation (FN) - The Republic of Latvia represented
by its Ministry of Defence as the Participant hosting the
COE.
j. Headquarters, Supreme Allied Commander Transformation (HQ
SACT) - as defined in MC 324/3 (Final), the Supreme Headquarters
of SACT, which interacts with the NATO StratCom COE for NATO, and
serves as the coordinator for the COE network and for the
interaction with all NATO entities.
k. International military organisation (IMO) - as outlined in
CM(69)22 and for the purpose of this MOU, a military organisation
which is not a Headquarters, is composed of personnel from more
than one NATO member country, has true international missions and
is established pursuant to the North Atlantic Treaty by NATO
member States.
l. Information - any information, regardless of form or type,
including that of a scientific or technical nature, and also
including photographs, interim and final reports, manuals, threat
data, experimental data, test, designs, specifications,
processes, techniques, inventions, drawings, software including
source code, technical writings, sound recordings, pictorial
representations, and other graphical presentations, whether in
magnetic tape, computer memory or any other form and whether or
not subject to copyrights, patents, or other legal
protection.
m. NATO Military Committee (MC) - as outlined in the MC
57/4(Final), the senior military authority in NATO.
n. North Atlantic Council (NAC) - the Council established
pursuant to Article 9 of the North Atlantic Treaty.
o. NATO Command Arrangements (NCA) - the arrangements and
entities supporting the NCS, as defined in MC 324/3 (Final).
p. NATO Command Structure (NCS) - NATO's military
organisation, as defined in MC 324/3 (Final).
q. NATO Military Body (NMB) - as outlined in CM(69)22, an
international military Headquarters or organisation covered by
the terms of Articles 1(b), 2(c) and 14 of the Paris
Protocol.
r. NATO Strategic Communications Centre of Excellence (NATO
StratCom COE) - the COE offered by the Participants as a NATO COE
providing subject matter expertise in the field of strategic
communications.
s. Partner - a Nation, organization, or entity which interacts
with the NATO StratCom COE, and may be :
i. Contributing Partner (CP) - any Nation, organization or
entity, in accordance with NAC agreed decisions and procedures,
which is not a Participant and provides a contribution to NATO
StratCom COE.
ii. Other Partner (OP) - any Nation, organization or entity
using the services and / or products provided by the NATO
StratCom COE, other than Participants or CP.
t. Programme of Work (POW) - the document setting out the NATO
StratCom COE activities for the course of a calendar year and
including the long-term perspective of the NATO StratCom COE
activities.
u. Request for Support (RFS) - a request from NATO, a Nation
or any other entity requesting support from the NATO StratCom
COE.
v. Steering Committee (SC) - the committee set up by the
Participants as the main body for guidance, oversight and
decisions on all matters concerning the administration, policies
and operation of the NATO StratCom COE.
w. Supreme Allied Commander Europe (SACEUR) - as defined in MC
324/3 (Final), the Commander of ACO.
x. Supreme Allied Commander Transformation (SACT) - as defined
in MC 324/3 (Final), the Commander of ACT.
SECTION 2
PURPOSE
The purpose of this MOU is to establish in the Republic of
Latvia the NATO StratCom COE as an IMO pursuant to the North
Atlantic Treaty, and establish provisions for its operation,
funding, manning, equipment, and infrastructure, as well as for
its administrative and logistical support.
SECTION 3
ROLE AND
RESPONSIBILITIES
3.1. The role of the NATO StratCom COE is to serve as a
strategic communications subject matter expertise hub in order to
support NATO and Nations transformation and operational efforts
through support and enhancing the development of the Alliance's,
Participants', and Partners' strategic communication
capabilities.
3.2 The NATO StratCom COE mission, vision and core activity
areas will be maintained in the NATO StratCom COE Concept
external to this MOU.
3.3. The NATO StratCom COE will ensure the first priority of
work to respond to requests made by HQ SACT on behalf of NATO
entities. Within its capacity, the NATO StratCom COE will also
support its Participants and Partners in their efforts to enhance
capability in the field of strategic communications. However, the
NATO StratCom COE support will remain subject to the approval and
allocation of resources by the SC.
SECTION 4
ORGANISATION AND
RELATIONSHIPS
4.1. Within the framework of this MOU, the SC is responsible
for the direction, guidance and supervision of the NATO StratCom
COE. It approves the POW and the operational budget, as well as
supervises its execution. The terms of reference (TOR) of the SC
are laid down in Annex B.
4.2. The SC consists of one voting representative from each
Participant, who will be duly prepared and empowered by such
Participant to take decisions on its behalf, within the framework
of the SC's TOR. In order to avoid conflict of interests, a
member of the NATO StratCom COE cannot be the representative of a
Participant in the SC. The Chairman of SC is from the FN, but is
neither identical with the representative of the FN as a
Participant, nor with the Director. If invited by the SC, the
Director attends the meeting of the SC. The Chairman and Director
do not have a vote in the SC.
4.3. The decisions of the SC will be taken by consensus of the
representatives. Consensus means that every SC member must vote
yes, or abstain from a decision to be approved (with a minimum of
one "yes" vote). Should there be a negative vote, the
decision is not approved.
4.4. The internal structure of the NATO StratCom COE, manning
and position allocations are part of the NATO StratCom COE
Concept. As such, the SC may approve, changes to both the NATO
StratCom COE manning and structure including position
allocations. Any such changes will be recorded in the
Concept.
4.5. The Director is responsible to the SC for the fulfilment
of the mission, the tasks and the operation as well as
administration of the NATO StratCom COE. The Director reports
directly to the SC. The TOR of the Director are laid down in
Annex C.
4.6. The NATO StratCom COE forms a part of the wider framework
supporting the NCA. Although not a part of the NCS, the NATO
StratCom COE will be a part of COE Network, as coordinated by HQ
SACT.
4.7. The relationship between the NATO StratCom COE and HQ
SACT will be established in the NATO StratCom COE Functional MOU,
through which HQ SACT will be the coordinator for NATO bodies'
RFS for the NATO StratCom COE.
4.8. In co-ordination with HQ SACT, the NATO StratCom COE will
establish the necessary working relationships with NATO entities
and the COE network and co-ordinate the execution of the POW. The
NATO StratCom COE will further establish relationships with
national and international entities.
4.9. The SC may recommend including Partners in NATO StratCom
COE activities and encourage the conclusion of appropriate
agreements or arrangements between the Participants and said
Partners.
SECTION 5
PROGRAMME OF
WORK
5.1. Taking into account the requests from within NATO, as
coordinated by HQ SACT, those of the Participants, as well as
suggestions made by Partners, and taking also the respective
financial impact into account, the Director will, in accordance
with Annex C, prepare and submit the draft of the POW to the SC
for the following calendar year. Upon submission by the Director,
the SC will consider all requests for services and products,
including associated costs and income, and will then approve the
POW for the NATO StratCom COE, in accordance with Annex B.
5.2. Additional out-of-cycle requests will be received by the
Director, submitted for consideration to the SC and, if approved,
handled in accordance with appropriate procedures.
SECTION 6
PERSONNEL
6.1. The Participants understand that at least one position
will be allotted to each of them in the COE Participation Table
(Annex A).
6.2. The Participants will fill their positions at the NATO
StratCom COE in a timely manner by assigning suitable and
qualified personnel in accordance with the Manning Table given in
the concept in accordance with Section 4 paragraph 4 and the
SC-approved job descriptions.
6.3. When a Participant only assigns one of its personnel to
the NATO StratCom COE he or she must be posted to the location of
the NATO StratCom COE.
6.4. The Participants may also assign additional residential
or non-resident National Contributions to the NATO StratCom
COE.
6.5. In order to ensure and sustain the required levels of
expertise, FN will use the relevant existing NATO International
Civilian pay scale for the personnel provided by the FN.
6.6. The Director will be the custodian of the job
descriptions.
6.7. The management of the NATO StratCom COE personnel will
follow NATO procedures using ACO Directive 45-001 and its
supplement, as a guide, unless otherwise provided in this MOU or
decided by the SC.
6.8. Should a Participant not to be able to fill an assigned
position for more than 120 days, the Participant will inform the
Director in writing as soon as possible. In coordination with the
concerned Participant, the Director then may approach the other
Participants to fill the position for an agreed period of
time.
6.9. Civilian personnel may be used for filling any of the
positions. For the purpose of the future application of the Paris
Protocol, every NATO StratCom COE staff personnel will be on the
employ of the armed forces or the Ministry of Defence or
equivalent national entity of the Participants.
6.10. The personnel of the NATO StratCom COE will work under
the supervision of the Director who, with the exception of
national duties and discipline, will give directions to all NATO
StratCom COE personnel. National duties for the NATO StratCom COE
personnel are to be limited to a minimum in order not to affect
the activities of the NATO StratCom COE. The Director will
provide evaluation reports for COE personnel upon request of the
Participants.
6.11. Full command of and disciplinary power over personnel
posted to the NATO StratCom COE is retained by their respective
national authorities. Each Participant will designate a
representative of appropriate rank and authority, to the Director
for all issues regarding the national responsibilities and
discipline of their personnel assigned to the NATO StratCom
COE.
6.12. The Director will be appointed by the FN, for a rotation
period of four years. However, the Director will initially be
posted for 2 rotation periods (8 years) in order to provide the
initial continuity required for the NATO StratCom COE.
6.13. The regulations of the FN apply in the field of
occupational safety and health, including the supervision of
standard safety precautions.
6.14. The working language of the NATO StratCom COE is
English.
SECTION 7
FRAMEWORK NATION
SUPPORT
The FN will provide the support for the NATO StratCom COE, as
outlined in Annex E. The FN will retain ownership of all
facilities, lands and equipment made available by it to the NATO
StratCom COE.
SECTION 8
PARTICIPANTS'
ADDITIONAL RESPONSIBILITIES
8.1. Each Participant will be responsible and cover the costs
for:
a. Providing personnel as determined in section 6 of this MOU
and as detailed on the SC approved Job Descriptions and Manning
Table.
b. Its cost share, as determined in section 9 of this MOU.
c. Salaries, allowances and national support requirements.
d. Per diem (lodging, meals and incidental costs) associated
with the POW.
e. Travel costs (transportation and per diem) for initial
appointment and departure, at the end of that personnel's term of
office, from the NATO StratCom COE as well as all other costs
related to the posting of each person to the NATO StratCom
COE.
f. All costs associated with fulfilment of national duties
during the posting to the NATO StratCom COE.
g. Equipment, services or personnel brought into the NATO
StratCom COE by that Participant for national purposes in excess
of that provided by the FN, as well as their operation and
maintenance costs.
h. All costs for national training measures and education and
training as specified in the job descriptions as
prerequisites.
i. Individual requirements of that Participant, to include
infrastructure, security and support personnel additional to its
position assignments in Annex A.
j. Ensuring health care insurance for their personnel or other
appropriate arrangement / coverage, in accordance with its
applicable national laws.
k. The costs of body repatriation, in case of death of a
member of its personnel occurring in the territory of the FN.
SECTION 9
COST SHARE
9.1. The Participants will share net-expenditures
(expenditures minus revenues) necessary for the operation of the
NATO StratCom COE. Costs eligible for sharing are outlined in
Annex D.
9.2. Without prejudice to point 9.1., the FN will cover all
costs for the establishment and operation of the NATO StratCom
COE for fiscal year (FY) 2014.
9.3. The cost-sharing formula for the budget is based on
agreed participation table in Annex A to this MOU which defines
the number of positions assigned to a Participant in the StratCom
COE. Each Participant's cost share is determined using the
following formula:
| Number of positions
assigned to a Participant |
= Participants cost
share |
| Total number of
assigned positions |
9.4. Positions which are not counted in the determination of a
Participant's cost share will be recorded separately in the NATO
StratCom COE Manning Table, but not in the Participation table
(Annex A).
9.5. Unfilled positions assigned to a Participant in Annex A,
will not reduce this Participant's cost share.
9.6. In the case of a new Participant, the number of positions
assigned to it will be determined by the Note of Joining (NOJ).
The new Participant will be responsible for paying its annual
contribution starting with the fiscal year following the NOJ
coming into effect, unless otherwise stated in the NOJ.
SECTION 10
Financial
Provisions
10.1. The FY begins on the 1st of January and ends
on the 31st of December.
10.2. Funds provided to the NATO StratCom COE by the
Participants will be managed and controlled and recorded on the
basis of the NATO StratCom COE FAP, which are to be approved by
the SC. The accounting standards and the legislation of the
Republic of Latvia will be taken into account.
10.3. The Director will be responsible for compliance with all
applicable financial principles and procedures of the NATO
StratCom COE.
10.4. The budget of the NATO StratCom COE will be managed in
the currency of the FN. Annual contributions of Participants will
be made to the NATO StratCom COE bank account designated by the
Director.
10.5. Each year for the forthcoming FY, the Director will
prepare a budget that shows the estimated expenditures/revenues
necessary for the operation of the NATO StratCom COE. This budget
will be subject to SC examination and approval prior to the
coming FY. Together with the draft budget the Director will
prepare a Medium Term Financial Plan (MTFP) covering the
estimated expenditures/revenues of the 5 years following the
forthcoming FY. This MTFP is for planning purposes and will be
noted by the SC.
10.6. The Participants' financial responsibility under this
MOU is subject to the authorisation and appropriation of funds in
accordance with their respective national legislation,
regulations and procedures.
10.7. With SC approval of the budget, the Participants confirm
their liability to provide funds and authorise the Director to
expend funds for the purposes and within the limits detailed in
the approved budget.
10.8. Based on the approved budget and considering the
Participants cost share, the Director will submit call(s) for
funds payable by the Participants within 90 days of receipt of
the call for funds. The Director will normally submit call(s) for
funds, as detailed in the NATO StratCom COE FAP.
10.9. Any existing credits will be balanced in the appropriate
call for funds.
10.10. If it emerges during the course of the fiscal year that
the approved budgetary funds will be insufficient, the Director
will submit a supplementary budget to the SC for approval.
10.11. Any Participant is entitled to request a budget report
whenever it is thought necessary, which will be provided by the
Director within 30 days after receiving the request. Following
the end of the FY, at the latest by 31 March, the Director will
submit an Annual Financial Statement including a Budget Execution
Statement for approval by the SC.
10.12. The audit functions for the budget of the NATO StratCom
COE will be performed as directed by the SC.
10.13. Irrespective of the audits conducted in accordance with
paragraph 10.12., national audit authorities are entitled to
request information from the Director and may request access to
all records or copies thereof, which are required to audit the
national contributions.
SECTION 11
FINANCIAL
CONSIDERATIONS
11.1. Services and products included in the POW and provided
to NATO entities on request of HQ SACT and to the Participants
are free of charge. Exceptions, further details and particular
requirements or restrictions will be specified and approved by
the SC.
11.2. Charges for the services and products provided to
Partners will be specified by the SC.
11.3. For courses provided by or through the NATO StratCom
COE, also to NATO personnel, individual course fees may be
charged.
11.4. All proceeds from StratCom COE activities will be
reflected in the budget and recorded as revenues.
SECTION 12
CLAIMS
12.1. Claims arising out of or in connection with the
activities of the NATO StratCom COE will be handled in accordance
with Article VIII of the NATO SOFA and, after granted
international status by the NAC, in accordance with Article 6 of
the Paris Protocol, as applicable.
12.2. Any claims attributable to the NATO StratCom COE, to
include portions thereof arising outside of the provisions of the
Paris Protocol, will be shared by the Participants.
SECTION 13
SECURITY
13.1. External security is the responsibility of the FN.
13.2. Security administration within the facilities in the use
of the StratCom COE, including visits, security clearances and
information security are the responsibility of the Director
acting in accordance with the applicable FN and NATO security
regulations.
13.3. Without prejudice to the Director's responsibilities
defined in paragraph 13.2 above, the Participants will take the
measures necessary to ensure that their personnel will comply
with applicable security agreements and arrangements. They will
likewise ensure compliance with relevant security regulations in
regard of any products or services received or drawn from the
NATO StratCom COE.
13.4. Classified information stored, handled, generated,
transmitted or exchanged as a result of the execution of this MOU
will be treated in accordance with C-M (2002) 49 "Security
within the North Atlantic Treaty Organisation", dated 17
June 2002, in the respective authorised edition, including all
supplements and amendments thereto, and existing international
agreements and arrangements.
13.5. Non-classified information stored, handled, generated,
transmitted or exchanged as a result of the execution of this MOU
will be treated in accordance with C-M (2002) 60 "The
management of non-classified information", dated 24 July
2002, in the respective authorised edition, including all
supplements and amendments thereto and existing security
agreements and arrangements.
13.6. In the NATO StratCom COE activities where involvement of
contractors, consultants or other such workers is needed, the
NATO StratCom COE will conclude special non-disclosure agreements
with these workers.
13.7. In the event of termination or withdrawal from this MOU,
the Participants will ensure that the provisions relating to
security, disclosure of information, and confidentiality remain
in effect.
SECTION 14
LEGAL
CONSIDERATIONS
14.1. The NATO StratCom COE and its personnel may be granted
status under Article 14 of the Paris Protocol, together with
Supplementary Agreements thereto, upon accreditation by the MC
and once activated by the NAC as an NMB in accordance with
CM(69)22.
14.2. The Republic of Latvia will seek to conclude a
Supplementary Agreement to the Paris Protocol with HQ SACT, in
order to implement the international status of the NATO StratCom
COE personnel.
14.3. Prior to the granting of international status to the
NATO StratCom COE, the attachment of national elements to the
NATO StratCom COE will be in accordance with applicable national
and international law, including the NATO SOFA.
14.4. Ownership regarding the intellectual property generated
by the NATO StratCom COE will be held and administered by the
NATO StratCom COE, unless otherwise decided by the SC, and always
in compliance with national and international law.
14.5. Without prejudice to the obligations under the North
Atlantic Treaty, the NATO SOFA and the Paris Protocol, the
Participants do not intend to create any rights or obligations
under international law by virtue of this MOU.
14.6. The Participants do not intend to cause a conflict
between this MOU and relevant national or international laws.
Should such conflict nevertheless arise, the effective national
or international law will prevail over this MOU. Each
Participant, whose rights or obligations under national or
international law are affected, will notify the other
Participants in writing.
SECTION 15
ADDITION OF NEW
PARTICIPANTS
15.1. The addition of any new Participant to this MOU which
thereby will also accede to any existing arrangement between the
existing Participants and Partners, will be done through a NOJ,
an example of which is laid down in the Annex F. to be signed by
the new Participant and the existing ones.
15.2. In addition to the cost share contribution, prior to the
signing of the NOJ, the prospective Participant's initial
contribution to offset the residual value of previous
investments, if any, will be determined and set out in the
NOJ.
15.3. Unless otherwise provided in the NOJ, the NOJ will come
into effect on the date of the last signature.
15.4. The NOJ will only be effective for a Participant if that
Participant also signs a NOJ for the NATO StratCom COE Functional
MOU.
SECTION 16
WITHDRAWAL OF
PARTICIPANTS
16.1. Any Participant may withdraw from this MOU on
presentation of twelve months written notice to all other
Participants. The withdrawing Participant will also inform the
Director and SC in writing. The FN will duly notify HQ SACT in
writing.
16.2. In the case of a withdrawal, the remaining Participants
will examine all projects that are not yet completed in order to
decide whether they continue, have to be cancelled or reduced in
scope. In the event no other Participant assumes the post(s)
and/or financial obligations associated with the withdrawal or
reduced participation, the remaining Participants will endeavour
to reduce operating costs as quickly as possible to adjust them
to the new situation. Since the POW is normally determined for
one year ahead, the transitional period should allow any projects
in that period to finish.
16.3. Should a Participant withdraw from this MOU it will
continue to provide the full share of its financial contribution
to the NATO StratCom COE until the end of the FY in which the
notice period ends, and remain responsible for its outstanding
financial liabilities resulting from its period of participation,
unless the financial liabilities are assumed by other
Participants and approved by the SC.
16.4. Any withdrawal by a Participant to this MOU from the
NATO StratCom COE Functional MOU will, without further notice,
constitute a withdrawal from this MOU.
16.5. If a Participant is not able to fulfil its obligations
of providing either manpower or funds for more than one year as
regards assignment of personnel or contributing to the budget,
its voting rights in the SC will be suspended automatically until
the voting SC members determines that those obligations are
fulfilled. If that Participant is not able to fulfil its
obligations for more than two years, this will be automatically
considered as a withdrawal from this MOU by the said
Participant.
16.6. Any Participant except the FN, may elect to suspend its
participation to this MOU on presentation of 12 months written
notice to all other Participants. The notice will specify the
date and duration of suspension. In the case where a Participant
suspends its participation, its obligations and rights as a
Participant, including providing manpower and funding, along with
voting rights in the SC are also suspended. In this case, the
automatic withdrawal provision in 16.5. will not apply. Upon
notification of its intended suspension, the concerned
Participant agrees that the other Participants' SC
representatives may assign the suspended Participant's post(s) to
any other Participant or recommend the other Participants
assignment of such post(s) to a Joining Participant. Participants
may cease their voluntary suspension at any time by written
notice to all other Participants. If necessary SC approval for
post assignment is to be sought in time.
SECTION 17
SETTLEMENT OF
DISPUTES
17.1. Any dispute regarding the interpretation or
implementation of this MOU will be settled only by consultation
among the Participants involved and will not be referred to any
national or international tribunal or any other third party for
settlement.
17.2. Disputes will be settled using the NATO StratCom COE
working language.
SECTION 18
AMENDMENT AND
RECORD OF CHANGE
18.1. Any Participant may propose amendments to this MOU. As
custodian of this MOU, the FN will manage the amendment
process.
18.2. With exception of Annex G, this MOU and the Annexes may
be amended only with the unanimous written consent of the
Participants, unless otherwise provided in this MOU. HQ SACT has
to be informed in written of any amendment to this MOU, its
annexes and follow-on arrangements.
18.3. Each change made to this MOU will be recorded in
chronological order on the record of changes attached as Annex G.
This record of change will be updated by the FN, as the custodian
of the MOU, then provided to each Participant, HQ SACT, as well
as the NATO StratCom COE itself, each time a change occurs.
SECTION 19
TERMINATION
19.1. This MOU will terminate in case of:
a. A written decision by all Participants;
b. The withdrawal of the FN;
c. The NATO StratCom COE Functional MOU is terminated.
19.2. In the event that this MOU is terminated, the residual
value of the equipment and other capital goods, which have been
commonly funded by the Participants, will be distributed among
the Participants in accordance with their cost share established
in paragraph 9.3.
19.3. In the event that this MOU is terminated or a
Participant makes formal notification of its withdrawal from the
MOU, the provisions of this MOU will continue to be applied until
any outstanding matters have been resolved.
SECTION 20
ENTRY INTO
EFFECT
20.1. This MOU will enter into effect on the day of the last
signature thereto, unless otherwise provided.
20.2. This MOU will only be effective for a Participant if
that Participant also signs the NATO StratCom COE Functional
MOU.
SECTION 21
FINAL
CONSIDERATIONS
21.1. This MOU which will also referred to as the "NATO
StratCom COE Operational MOU", consists of twenty-one
sections and seven annexes. The annexes are integral parts of
this MOU.
21.2. References to NATO policy documents will encapsulate any
amendment thereof, or, as the case may be, refer to such policy
documents as may replace them.
21.3. This MOU is signed in one original in the English
language. The original of this MOU will be deposited with the FN,
which will transmit certified copies to each of the Participants
and HQ SACT, as well as the NATO StratCom COE itself.
21.4. Without prejudice to Section 10 and after application of
the cost sharing formula (as elaborated in paragraph 9.3.), the
maximum share of each Participant, per person, for the FY 2015 is
agreed to be twenty five thousand Euros.
THE FOREGOING REPRESENTS THE UNDERSTANDING REACHED AMONG THE
PARTICIPANTS.
For the Ministry of Defence of the
Republic of Latvia:
Signature: _______________
Name: Colonel Armands SALTUPS
Appointment: National military representative at NATO's Allied
Commander Transformation Headquarters
Place/Date: Norfolk, United States of America, 01 July
2014
For the Ministry of Defence of the
Republic of Estonia:
Signature: _______________
Name: Lieutenant Colonel Kuido PETTAI
Appointment: Staff Officer, HQ SACT
Place/Date: Norfolk, United States of America, 01 July
2014
For the Federal Ministry of Defence
of the Federal Republic of Germany:
Signed in the understanding that no German personnel is
expected to be provided prior to 1st of January
2015.
Signature: _______________
Name: Colonel Klaus-Dieter BERMES
Appointment: National Liaison Representative DEU to Supreme
Allied Commander Transformation
Place/Date: Norfolk, United States of America, 01 July
2014
For the Ministry of Defence of the
Italian Republic:
Signature: _______________
Name: Colonel Paolo FRARE
Appointment: Italian National Liaison Representative to
NATO
Place/Date: Norfolk, United States of America, 01 July
2014
For the Ministry of National Defence
of the Republic of Lithuania:
Signature: _______________
Name: Colonel Gintaras Leonas Veromėjus
Appointment: Lithuanian National Representative to the
Headquarters, Supreme Allied Commander Transformation
Place/Date: Norfolk, United States of America, 01 July
2014
For the Minister of National Defence
of the Republic of Poland:
Signature: _______________
Name: Colonel Ryszard Romanowski
Appointment: Polish National military representative to Allied
Command Transformation
Place/Date: Norfolk, United States of America, 01 July
2014
For the Ministry of Defence of the
United Kingdom of Great Britain and Northern Ireland
Signature: _______________
Name: Colonel Peter GERMAIN
Appointment: UK National Representative to the Headquarters,
Supreme Allied Commander Transformation
Place/Date: Norfolk, United States of America, 01 July
2014
Annex A to the NATO StratCom COE Operational MOU
Participation
Table
| Participants |
Number of Assigned cost share
positions |
|
The Ministry of Defence of the Republic of Estonia |
1 |
|
The Federal Ministry of Defence of the Federal Republic of
Germany |
2 |
|
The Ministry of Defence of the Italian Republic |
1 |
|
The Ministry of Defence of the Republic of Latvia |
13 |
|
The Ministry of National Defence of the Republic of
Lithuania |
1 |
|
The Minister of National Defence of the Republic of
Poland |
1 |
|
The Ministry of Defence of the United Kingdom of Great
Britain and Northern Ireland |
1 |
| Total Number of Assigned
positions |
20 |
Annex B to the
NATO StratCom COE Operational MOU
Terms of
Reference of the NATO StratCom COE's Steering Committee
1. Within the framework of the MOU, the SC is responsible for
guidance and supervision of all the NATO StratCom COE activities
and administration, taking into consideration Participants'
interests regarding all matters pertaining to the NATO StratCom
COE.
2. The responsibilities and tasks of the SC will include, but
will not be limited, to:
a) Providing the long-term strategic perspective and reviewing
and approving the development plan for the NATO StratCom COE;
b) Monitoring the performance of the mission and tasks of the
NATO StratCom COE including its funding, administration and
personnel establishment;
c) Approving the budget and POW for the coming fiscal
year;
d) Approving FAP and directives for the operation of the NATO
StratCom COE;
e) Approving annual financial statements;
f) Reviewing and noting the medium-term financial plan and
approving the budget report of the Director;
g) Considering and approving additional out-of-cycle requests
for the POW and possible amendments to the budget;
h) Directing auditing functions and reviewing audit
reports;
i) Recommending the terms of participation of Partners in the
NATO StratCom COE activities and ensuring corresponding
appropriate arrangements or agreements;
j) Approving job descriptions of the NATO StratCom COE
personnel;
k) Addressing other personnel, legal and other administrative
issues;
l) Providing guidance on the functional relationships of the
NATO StratCom COE with other entities;
m) Reviewing and amending the Concept of the NATO StratCom
COE;
n) Proposing changes to the MOU and its Annexes to the
Participants through the FN;
o) Noting the Director's report of any procedure in accordance
with Section 16.5 and decides if a Participant's obligations are
fulfilled;
p) Establishing subsidiary bodies such as working groups that
report to the SC.
3. The SC is entitled to:
a) Task the Director and
b) Get assistance from the NATO StratCom COE through its
Director.
4. The SC will meet at least once a year. The SC will
determine the frequency, the place, the means and duration of the
meetings.
5. The NATO StratCom COE SC Chair is responsible for preparing
the meetings, including timely distribution of the invitation and
the agenda with adequate supporting documentation. The agendas of
SC meetings will be drawn up in advance and distributed together
with all other supporting documents needed for any decision at
least 45 days prior to each meeting. Agreed minutes will be
distributed to the members of the SC. A record of the decisions
reached will be distributed at the end of each meeting.
6. The decisions can also be taken by other means of
communication than a meeting, as agreed by SC.
7. Each Participant may provide any other required experts in
an advisory capacity to support its SC representative.
8. HQ SACT will and - after approval of the SC - other NATO
entities may be invited to participate, without any voting
rights, in the relevant SC meetings to advise the SC on NATO
entities' requirements and priorities. Other entities may be
invited after approval of the SC.
9. The SC will be chaired by an appropriately ranked official
provided by the FN.
10. The Chair of the SC is to:
a) Be responsible for conducting the meetings of the SC;
b) Overseeing the execution of the decisions taken by the
SC;
c) If necessary, arrange for decisions to be taken by the SC
between meetings;
d. In matters of this MOU, maintain liaison between the NATO
StratCom COE Director and Participants as well as HQ SACT;
e) Consider out-of-cycle requests as appropriate and necessary
beyond the approved POW, provided these requests will not exceed
the approved budget;
f) Represent the SC in external relations under explicit
tasking by the SC.
Annex C to the
NATO StratCom COE Operational MOU
The NATO
StratCom COE's Director Terms of Reference
1. The Director reports to and is tasked by the NATO StratCom
COE SC.
2. The Director is responsible for:
a. Overall day-to-day management of the NATO StratCom COE;
b. Exercising leadership (excluding disciplinary issues)
inside the NATO StratCom COE with regard to personnel;
c. Reporting to and informing the SC of all matters that need
SC's attention or when so requested by the SC;
d. Ensuring the execution of the POW and implementation of the
budget;
e. Preparing and submitting the drafts of the budget and POW,
as well as a medium-term financial plan for five following years
to the SC;
f. Submitting the Annual Financial Statement for the preceding
fiscal year to the SC;
g. Approving commitments only for the purpose and within the
limits of the approved budget;
h. Processing any requests for the POW from HQ SACT, the
Participants and Partners;
i. Forwarding additional out-of-cycle POW requests as well as
the budgetary implications to the SC for consideration and
approval;
j. Performing the continuous coordination regarding the POW
with HQ SACT, to include providing HQ SACT with regular
reports;
k. Forming working groups for efficient implementation of the
POW and optimizing implementation of other tasks of the NATO
StratCom COE;
l. Ensuring internal security of the NATO StratCom COE as the
Security Authority for the NATO StratCom COE as an NMB;
m. Raising visibility of the NATO StratCom COE within
NATO.
3. The Director is granted authority to:
a. Engage HQ SACT in the development and execution of the POW
and establish, in coordination with HQ SACT, inter-relationships
and bi-lateral functional arrangements;
b. Consult with NATO, national authorities and other relevant
organisations to facilitate the accomplishment of his
mission;
c. Make recommendations to HQ SACT or - if requested - other
NATO entities on issues related to strategic communications;
d. In compliance with relevant SC guidance, conclude
cooperation arrangements;
e. Conclude contracts for the NATO StratCom COE on the basis
of the approved budget and the FAP;
f. Propose additional meetings of the SC;
g. Temporarily (not exceeding 180 calendar days) reassign
personnel to another position within the NATO StratCom COE,
provided that the SC has been notified and the concerned
Participant representative in the SC has not objected to
it.
Annex D to the
NATO StratCom COE Operational MOU
Shared Costs
Participants will bear the costs listed below (shared costs)
in accordance with Section 9 of this MOU based on their cost
share and within the limits of the budget for the relevant fiscal
year and the corresponding POW:
1. Administrative expenses:
a) Communication costs;
b) Official bank services;
c) Postage;
d) Hospitality costs;
e) Copying and printing;
f) Office supplies;
g) Translation services;
h) Auditing and External legal services;
i) Miscellaneous costs.
2. Travel costs:
a) POW related travel expenses (transportation costs);
b) Education and training related to the execution of the POW
(transportation costs, course and seminar fees);
c) POW related conference fees.
3. Events organised by NATO StratCom COE:
a) Food and catering;
b) Rental of premises and equipment;
c) Other organisational costs related to NATO StratCom COE
hosted events.
4. POW related NATO StratCom COE-specific projects:
a) Information and Communication technology;
b) NATO StratCom COE owned software and hardware maintenance
and development;
c) Publication costs of the NATO StratCom COE products;
d) Temporary contractors/consultants.
5. POW related project-specific lab equipment, furnishing,
supplies and maintenance.
Annex E to the
NATO StratCom COE Operational MOU
Framework Nation
Support
The FN is responsible for the following support supplied at no
cost to the shared budget. FN can also decide on provision of
additional support.
1. Administrative support:
a) Initial office supplies;
b) Initial copying and printing.
2. NATO StratCom COE office and conference rooms:
a) Office and conference rooms;
b) Office rooms furnishing, fitting;
c) Initial telephone system;
d) Initial CIS equipment (hardware and software,
maintenance);
e) Heating;
f) Electricity;
g) Water and sewerage;
h) Repairs and maintenance related to the infrastructure
provided by FN;
i) Security Accreditation authority to NATO Standards
(physical infrastructure and CIS equipment);
j) Use of conference rooms (on a space-availability
basis).
3. Medical support
In accordance with paragraph 8.1. of this MOU, health care
insurance of personnel is the responsibility of Participant.
However all the NATO StratCom COE personnel will be afforded
access to Latvian National Armed Forces medical facilities for
emergency medical care under the conditions applicable to the
personnel of the Latvian National Armed Forces.
4. Recreational Facilities
The NATO StratCom COE personnel will be granted the use of
recreational, sports and welfare facilities and services on a
space-availability basis under the conditions applicable to the
personnel of the Latvian National Armed Forces.
5. Parking
The FN will provide a designated parking area for NATO
StratCom COE personnel.
6. Other assistance
On request, administrative personnel of the FN will assist the
NATO StratCom COE personnel in finding accommodation,
establishing bank accounts and providing other practical support
related to the assignment to the NATO StratCom COE.
Annex F to the
NATO StratCom COE Operational MOU
Sample of Note
of Joining
NOTE OF
JOINING
FOR THE [name of the National Authority] OF [name of the Joining
Nation]
TO PARTICIPATE IN THE
MEMORANDUM OF UNDERSTANDING
AMONG
THE [names of the Participants, in alphabetical order]
…
AND
THE [names of the last Participant, in alphabetical order]
CONCERNING
THE ESTABLISHMENT, ADMINISTRATION AND OPERATION OF
THE NATO StratCom CENTRE OF EXCELLENCE
THE [name of the National Authority]
OF [name of the Joining Nation]
HAVING DECIDED to broaden its participation in NATO's overall
strategic communications transformation efforts; and
DESIRING to join the current Participants of the NATO StratCom
COE, providing the personnel for the following
post[s]:
- [description of the post(s)] as of [expected date
of posting]
ELECTS to participate as of [date of entry into effect of
the joining] in the Memorandum of Understanding among
[names of the Participants to the COE Operational MOU],
concerning the Establishment, Administration and Operation of the
NATO StratCom COE, which came into effect on [date of entry
into force of the COE Operational MOU].
AGREES to contribute its share to the annual budget starting
with fiscal year [year] [optional: and additionally
agrees to contribute to the sum of [detailed amount in letters
and figures], to offset the residual value of previous capital
investment in accordance with [designation of the relevant
provision in the COE Operational MOU] of the NATO StratCom COE
Operational MOU].
AGREES to abide by all subsequent agreements and arrangements
to the NATO StratCom COE Operational MOU concluded until the date
of entry into effect of this Note of Joining, listed as
follows:
- [list of subsequent agreements and arrangements]
For the [name of the National Authority] of [name of
the Joining Nation]
| Signature |
|
|
| Name |
|
|
| Appointment |
|
|
| Place/Date |
|
|
Page 2 / [total number of
pages]
The [names of the Participants to the COE Operational
MOU], as the Participants to the NATO StratCom COE
Operational MOU;
WELCOMING the expressed commitment by the [name of the
National Authority] of [name of the Joining
Nation];
AGREE with the [name of the National Authority] of
[name of the Joining Nation] joining them as a Participant
to the NATO StratCom COE Operational MOU under the terms outlined
in this Note of Joining;
AGREE to consider that this Note of Joining supplements the
NATO StratCom COE Operational MOU;
This Note of Joining will only be effective for the new
Participant if it also signs a Note of Joining to the NATO
StratCom COE Functional MOU;
This Note of Joining is signed in one original and in the
[name of the language(s)] language(s). It constitutes an
amendment to the NATO StratCom COE's Operational MOU and, as
such, will be duly recorded in the NATO StratCom COE's
Operational MOU Record of change.
The original document will be deposited with the Republic of
Latvia, which will provide certified copies to all
Participants to the NATO StratCom COE Operational MOU, the
Joining Nation, the NATO StratCom COE itself, as well as HQ
SACT.
For the [first Participant, in alphabetical order]
| Signature |
|
|
| Name |
|
|
| Appointment |
|
|
| Place/Date |
|
|
[Etc.]
Page 3 / [total number of
pages]
Annex G to the NATO StratCom COE Operational MOU
Record of
Change
| DATE
OF THE CHANGE |
DESCRIPTION OF THE CHANGE |
DOCUMENT OR DECISION GENERATING THE CHANGE |
COMMENTS, DATE OF PROMULGATION, NAME, APPOINTMENT AND
SIGNATURE OF THE PROMULGATING AUTHORITY |
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Page 1 / [total number of
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MEMORANDUM OF
UNDERSTANDING AMONG THE MINISTRY OF DEFENCE OF THE REPUBLIC OF
LATVIA, The Ministry of Defence of the Republic of Estonia, The
Federal Ministry of Defence of the Federal Republic of Germany,
The Ministry of Defence of the Italian Republic, The Ministry of
National Defence of the Republic of Lithuania, The Minister of
National Defence of the Republic of Poland and The Ministry of
Defence of the United Kingdom of Great Britain and Northern
Ireland AS WELL AS HEADQUARTERS, SUPREME ALLIED COMMANDER
TRANSFORMATION CONCERNING THE FUNCTIONAL RELATIONSHIP REGARDING
THE NATO STRATEGIC COMMUNICATIONS CENTRE OF
EXCELLENCE
TABLE OF CONTENTS
Introduction
Section 1: Definitions
Section 2: Purpose
Section 3: The Role of the NATO StratCom COE
Section 4: General Understanding
Section 5: Responsibilities of the NATO StratCom COE
Section 6: Responsibilities of HQ SACT
Section 7: Co-ordination
Section 8: Legal Considerations
Section 9: Financial Aspects
Section 10: Security and Confidentiality
Section 11: Settlement of Disputes
Section 12: Amendments and Record of Change
Section 13: Additional Participation and Withdrawal
Section 14: Final Considerations
Annexes:
Annex A: Sample of NOJ
Annex B: Record of Change
INTRODUCTION
The Ministry of Defence of the Republic of Latvia, Framework
Nation, the Ministry of Defence of the Republic of Estonia, the
Federal Ministry of Defence of the Federal Republic of Germany,
the Ministry of Defence of the Italian Republic, the Ministry of
National Defence of the Republic of Lithuania, the Minister of
National Defence of the Republic of Poland and the Ministry of
Defence of the United Kingdom of Great Britain and Northern
Ireland,
hereinafter referred as the "Sponsoring
Nations",
and the Headquarters, Supreme Allied Commander Transformation
(HQ SACT),
hereinafter referred to collectively as the
"Participants";
DESIRING to further enhance their co-operation in the
framework of the North Atlantic Treaty, signed on 4 April
1949;
CONSIDERING that in accordance with MC 324/3 (Final) "the
NATO Military Command Structure", dated 30 January 2013, and
MCM-236-03 "MC Concept for Centres of Excellence",
dated 4 December 2003, the NATO Command Arrangements (NCA) are
supported by a network of Centres of Excellence (COE) which
provide opportunities to enhance education and training, to
improve interoperability and capabilities, to assist in doctrine
development and to test and validate concepts through
experimentation;
Considering that the Supreme Allied Commander Transformation
(SACT), in accordance with MC 58/3, "Terms of Reference for
the Supreme Allied Commander Transformation", dated 17 May
2004, has the overall responsibility for the coordination and
employment of COE within NATO;
NOTING the letter by the Chief of Defence of the Republic of
Latvia to SACT, dated 20 February 2013, offering the initiative
of creation of NATO Strategic Communications Centre of Excellence
(the NATO StratCom COE);
NOTING further the response letter by SACT, dated 26 April
2013, by which SACT acknowledges the offer to establish a NATO
StratCom COE and its Concept to provide a vital contribution in
strengthening NATO's capability in the field of strategic
communications;
NOTING that under the Memorandum of Understanding (MOU)
concerning the Establishment, Administration and Operation of the
NATO StratCom COE (NATO StratCom COE Operational MOU), dated 1
July 2014, the Sponsoring Nations are establishing the NATO
StratCom COE as a COE that will be made available to NATO;
CONSIDERING that as detailed in MCM-236-03, COE should provide
tangible improvement to NATO capabilities and therefore be
relevant to NATO's transformational efforts;
NOTING the Concept for the NATO StratCom COE, which provides
for a value-added contribution to the transformation efforts;
HAVING REGARD to the provisions of the Agreement between the
Parties to the North Atlantic Treaty regarding the Status of
their Forces (NATO SOFA), dated 19 June 1951, the Protocol on the
Status of International Military Headquarters set up pursuant to
the North Atlantic Treaty (Paris Protocol), dated 28 August 1952,
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 (PfP SOFA), dated 19
June 1995, 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 (Additional Protocol to the PfP SOFA), dated 19
June 1995, and including the Further 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 (Further Additional Protocol
to the PfP SOFA), dated 19 December 1997;
NOTING that not all Participants are Parties to the Additional
Protocol and the Further Additional Protocol to the PfP SOFA;
CONSIDERING with MCM-236-03, that, upon approval by the
Military Committee (MC) and endorsement by the North Atlantic
Council (NAC) a COE has to be NATO accredited;
CONSIDERING further, with MCM-236-03, that, upon
accreditation, the NAC can grant a COE the status of a NATO
Organisation under Paris Protocol
and
NOTING that the Framework Nation, acting on behalf of the
other Participants and in coordination with HQ SACT, will submit
a request to the NAC for the activation of the NATO StratCom COE
as a NATO Military Body, in compliance with CM(69)22, and thus
for it to be granted international status under Paris Protocol,
article 14;
have reached the following understanding:
SECTION 1
DEFINITIONS
1. Unless another meaning is specified within this Memorandum
of Understanding (MOU) and its follow-on documents, the
"NATO Glossary of Terms and Definitions" (AAP-6) and
the "NATO Glossary of abbreviations used in NATO documents
and publications" (AAP-15) will apply.
2. The following definitions apply for the purpose of this MOU
and its follow-on documents:
a. Allied Command Operations (ACO) - as outlined in MC 324/3
(Final), Supreme Headquarters Allied Powers Europe (SHAPE) and
the other organizations subordinate to Supreme Allied Commander
Europe (SACEUR).
b. Allied Command Transformation (ACT) - as outlined in MC
324/3 (Final), Headquarters, Supreme Allied Commander
Transformation (HQ SACT) and the other organisations subordinate
to Supreme Allied Commander Transformation (SACT).
c. Background Information - information not generated in the
performance of this MOU.
d. Centre of Excellence (COE) - as defined in MCM-236-03, a
NAC-accredited nationally or multi-nationally sponsored centre
supporting NATO.
e. COE Network - the Network of all COE supporting the NCA
coordinated by HQ SACT.
f. Director - the person directing the NATO StratCom COE.
g. Foreground Information - information generated in the
performance of this MOU.
h. Framework Nation (FN) - the Republic of Latvia represented
by the Ministry of Defence of the Republic of Latvia.
i. Headquarters, Supreme Allied Commander Transformation (HQ
SACT) - as defined in MC 324/3 (Final), the Supreme Headquarters
of SACT, which interacts with the NATO StratCom COE for NATO, and
serves as the coordinator for the COE network and for the
interaction with all NATO entities.
j. Information - any information, regardless of form or type,
including that of a scientific or technical nature, and also
including photographs, interim and final reports, manuals, threat
data, experimental data, test, designs, specifications,
processes, techniques, inventions, drawings, software including
source code, technical writings, sound recordings, pictorial
representations, and other graphical presentations, whether in
magnetic tape, computer memory or any other form and whether or
not subject to copyrights, patents, or other legal
protection.
k. NATO Command Arrangements (NCA) - the arrangements and
entities supporting the NCS, as defined in MC 324/3.
l. NATO Command Structure (NCS) - NATO's military
organisation, as defined in MC 324/3.
m. NATO Military Body (NMB) - as outlined in CM(69)22, an
international military Headquarters or organisation covered by
the terms of Articles 1(b), 1(c) and 14 of the Paris
Protocol.
n. NATO Military Committee (MC) - as outlined in the MC
57/4(Final), the senior military authority in NATO.
o. NATO Strategic Communications Centre of Excellence (NATO
StratCom COE) - the COE offered by the Sponsoring Nations as a
NATO COE providing subject matter expertise in the field of
strategic communications.
p. North Atlantic Council (NAC) - the Council established
pursuant to Article 9 of the North Atlantic Treaty.
q. Partners - a Nation, organization, or agency which
interacts with the NATO StratCom COE, and may be:
i. Contributing Partner (CP) - any Nation, organization or
entity, in accordance with NAC agreed decisions and procedures,
which is not a SN and provides a contribution to the NATO
StratCom COE;
ii. Other Partners (OP) - any Nation, organization or entity
using the services and / or products provided by the NATO
StratCom COE, other than SN or CP.
r. Programme of Work (POW) - the document setting out the NATO
StratCom COE activities for the course of a calendar year and
including the long-term perspective of the NATO StratCom COE
activities.
s. Sponsoring Nations (SN) - the Participants to the StratCom
COE Operational MOU.
t. Steering Committee (SC) - the committee set up by the SN as
the main body for guidance, oversight and decisions on all
matters concerning the administration, policies and operation of
the NATO StratCom COE.
u. Supreme Allied Commander Europe (SACEUR) - as defined in MC
324/3 (Final), the Commander of ACO.
v. Supreme Allied Commander Transformation (SACT) - as defined
in MC 324/3 (Final), the Commander of ACT.
SECTION 2
PURPOSE
The purpose of this MOU is to establish the functional
relationship between HQ SACT and the SN regarding the NATO
StratCom COE.
SECTION 3
THE ROLE OF THE
NATO StratCom COE
The role of the NATO StratCom COE is to assist NATO, Nations,
Partners and other bodies by supporting NATO's capability
development process, mission effectiveness, and interoperability
by providing comprehensive and timely expertise in the field of
the strategic communications.
SECTION 4
GENERAL
UNDERSTANDING
1. The NATO StratCom COE will ensure the first priority of
work for provision of services and products requested by HQ SACT
on behalf of NATO entities. Within its capacity, the NATO
StratCom COE will also support the SN and Partners in their
efforts to enhance capabilities in the field of strategic
communications. However, the NATO StratCom COE support will
remain subject to the approval and allocation of resources by its
SC.
2. HQ SACT, as the designated NATO entity for the coordination
of the NATO-accredited COE and the COE Network, will co-ordinate
and will provide requests from NATO entities to the NATO StratCom
COE and monitor their execution.
3. The NATO StratCom COE forms part of the wider framework
supporting the NCA. The NATO StratCom COE will neither form part
of the NCS, nor does this MOU constitute a command relationship
between HQ SACT and the NATO StratCom COE.
4. Under coordination of HQ SACT, the NATO StratCom COE will
establish appropriate relationships with ACO, ACT and other NATO
entities.
5. The NATO StratCom COE will adhere to all NATO policies,
regulations and standards that are appropriate to the functions
of the NATO StratCom COE, and in particular to the established HQ
SACT guidance and directives providing for the overall COE
Network efficiency and effectiveness.
6. The NATO StratCom COE will be assessed by HQ SACT against
criteria as set out in IMSM-0416-04, dated 11 June 2004. The
accreditation is subject to the approval by the MC and a final
endorsement of the NATO StratCom COE by the NAC. Once accredited,
the NATO StratCom COE will be screened periodically by HQ SACT to
ensure it continues to meet the criteria. If the NATO StratCom
COE fails to meet the appropriate criteria, HQ SACT will
recommend the necessary steps to be taken in order to meet the
accreditation criteria. Continued failure in meeting the
accreditation criteria may result in loss of accreditation as a
COE.
7. Appropriate arrangements, as follow-on arrangements to this
MOU, may be concluded to provide additional details not covered
in this MOU or provide for the arrangements pertaining to
specific projects to be conducted by the NATO StratCom COE.
SECTION 5
RESPONSIBILITIES
OF THE NATO STRATCOM COE
1. The Director will be a principal advisor to HQ SACT for
strategic communications.
2. The NATO StratCom COE will focus, but not limit its
activities on the following core areas:
a. Doctrine and Standards;
b. Education and Training;
c. Analysis and Lessons Learned;
d. Concept Development and Experimentation.
3. The NATO StratCom COE will not duplicate, but will
undertake to co-operate with any other COE which provides support
to strategic communications with genuine subject-matter
expertise.
SECTION 6
RESPONSIBILITIES
OF HQ SACT
To support the StratCom COE's performance as a NATO COE, HQ
SACT will:
a. Encourage optimal development and utilisation of StratCom
COE capabilities in furtherance of NATO's transformational goals
within the COE Network.
b. Provide the appropriate guidelines to enable the NATO
StratCom COE to effectively conduct its mission in support of
Alliance's transformation.
c. With regard to the accreditation process provided through
IMSM-0416-04, establish the specific accreditation requirement
package for the NATO StratCom COE, advise the NATO StratCom COE
on issues relevant to accreditation, conduct the initial
accreditation assessment and thereafter periodically screen the
NATO StratCom COE to confirm the NATO StratCom COE is meeting the
established criteria to maintain the accreditation.
d. Upon successful completion of the accreditation assessment,
support the FN's request for the activation of the NATO StratCom
COE as an NMB pursuant to CM (69)22, for it to be granted
international status under Article 14 of the Paris Protocol.
SECTION 7
CO-ORDINATION
1. The SC will decide on the annual POW, which will set out
the services and products to be provided by the NATO StratCom
COE. For the purpose of the establishment of the POW, HQ SACT
will provide the coordinated and prioritised requests for
services and products for NATO entities to the director for SC
consideration.
2. HQ SACT will and other NATO entities can be invited to,
participate on a non-voting basis in the relevant SC meetings
and, through this participation, advise the SC on NATO
requirements and priorities. Irrespective to their participation,
HQ SACT will receive the minutes of the SC meetings.
4. HQ SACT will forward possible out-of-cycle requests to the
Director for appropriate processing.
5. HQ SACT and the Director will, on a continuous basis,
co-ordinate the execution of the POW, including the possible
impact of additional out-of-cycle requests of SN and Partners. To
facilitate this coordination, the Director will provide HQ SACT
with regular reports.
6. The POW should not be deemed as an advanced endorsement by
NATO or HQ SACT to the NATO StratCom COE services and
products.
SECTION 8
LEGAL
CONSIDERATIONS
1. Without prejudice to the obligations under the North
Atlantic Treaty, the NATO SOFA, and the Paris Protocol, the
Participants do not intend to create any rights or obligations
under international law by virtue of this MOU.
2. The Participants do not intend to cause a conflict between
this MOU and the relevant national or international laws. Should
such conflict nevertheless arise, the affected national or
international law will prevail over this MOU. Each Participant,
whose national laws or obligations under international law are
affected, will notify the other Participants in writing.
3. With regard to the services and products generated by the
NATO StratCom COE on request of HQ SACT, the SN will ensure,
subject to the restrictions applied by the owner of the
information, that HQ SACT, for the benefit of the Alliance and
within its mission to transform NATO, will obtain:
a. the right of use and distribution of all Foreground
Information;
b. the right of use and distribution of all Background
Information required to appropriately utilise the product.
4. HQ SACT will not be charged for any use or distribution of
any type of information and will itself not derive any revenue
from any distribution. Exception, further details and particular
requirements or restrictions may be laid down in appropriate
arrangements.
5. Until they have been endorsed by HQ SACT, the products and
services provided or drafted by the NATO StratCom COE will not be
assimilated in any way into NATO products and services, even if
they are issued by a NATO-accredited COE. For this purpose, the
products and services not yet endorsed by HQ SACT, NATO HQ or
SHAPE must contain, whatever their form could be, a disclaimer
which specifies that they do not reflect NATO's policies or
positions, neither do they engage NATO in any way, but only the
NATO StratCom COE itself, or solely their author(s), depending on
the circumstances. The form of the disclaimer will depend on the
type of product or service considered. Whatever it may be, it
will be realized in an appropriate form, and designed to avoid
any confusion in the mind of the users or customers of the NATO
StratCom COE's works, products and services.
6. Neither the NATO StratCom COE nor the SN or their
representatives will make, directly or indirectly, any public
comment, statement, or communication with respect to any work or
service provided to NATO or its arrangement with HQ SACT, without
prior co-ordination with HQ SACT, unless required under an
applicable national or international law.
SECTION 9
FINANCIAL
ASPECTS
1. As far as permitted by international and national laws and
regulations, the FN and other SN will not levy taxes, fees or
similar charges on the official activities of the NATO StratCom
COE for NATO. Exceptions, additional detailed information and
detailed requirements or restrictions may be determined in
appropriate agreements or arrangements.
2. In accordance with the NATO StratCom COE Operational MOU,
the SN will bear all financial responsibilities resulting from
the operation of the NATO StratCom COE.
3. All services and products included in the POW and provided
to NATO entities will be free of charge. Exceptions, further
details, and particular requirements or restrictions may be laid
down in appropriate arrangements.
4. For courses provided by or through the NATO StratCom COE,
including to NATO personnel, individual course fees may be
charged, provided that these are established in accordance with
the principles of any applicable STANAG.
SECTION 10
SECURITY AND
CONFIDENTIALITY
1. External security is the responsibility of the FN.
2. Security administration within the facilities in the use of
the NATO StratCom COE, including visits, security clearances and
information security are the responsibility of Director, acting
in accordance with the applicable FN and NATO security
regulations.
3. Without prejudice to the Director's responsibilities
defined in paragraph 10.2. above, the Participants will take the
measures necessary to ensure that their personnel will comply
with applicable security agreements and arrangements. They will
likewise ensure compliance with relevant security regulations in
regard of any products or services received or drawn from the
NATO StratCom COE.
4. Classified information stored, handled, generated,
transmitted or exchanged as a result of the execution of this MOU
will be treated in accordance with C-M (2002) 49 "Security
within the North Atlantic Treaty Organisation", dated 17
June 2002, in the respective authorised edition, including all
supplements and amendments thereto, and in accordance with
existing international agreements and arrangements.
5. Non-classified information stored, handled, generated,
transmitted or exchanged as a result of the execution of this MOU
will be treated in accordance with C-M (2002) 60 "The
management of non-classified information", dated 24 July
2002, in the respective authorised edition, including all
supplements and amendments thereto and existing security
agreements and arrangements.
6. In the course of the NATO StratCom COE activities where
involvement of contractors, consultants or other such workers is
needed, the NATO StratCom COE will conclude special
non-disclosure agreements with these workers.
7. In the event of termination or withdrawal from this MOU,
the Participants will ensure the provisions relating to security,
disclosure of information, and confidentiality remain in
effect.
SECTION 11
SETTLEMENT OF
DISPUTES
1. Any dispute regarding the interpretation or implementation
of this MOU will be settled only by consultation among the
Participants involved and will not be referred to any national or
international tribunal or any other third party for
settlement.
2. Disputes will be settled using the NATO StratCom COE
working language as defined in its Operational MOU.
SECTION 12
AMENDMENT AND
RECORD OF CHANGE
1. Any Participant may propose amendments to this MOU. As
custodian of this MOU, HQ SACT will manage the amendment
process.
2. With the exception of Annex B, this MOU may be amended only
with the unanimous written consent of all Participants.
3. Each change made to this MOU will be recorded in
chronological order on the record of changes attached as Annex B.
This record of change will be updated by HQ SACT, as the
custodian of the MOU, then provided to each Participant, as well
as the NATO StratCom COE itself, each time a change occurs.
SECTION 13
ADDITIONAL
PARTICIPATION AND WITHDRAWAL
1. The addition of any new Participant to this MOU will be
done through a Note of Joining (NOJ), an example of which is laid
down in Annex A, to be signed by the joining Nation and the
current Participants. Other NOJ versions that are acceptable to
all Participants may be used.
2. Unless otherwise provided in the NOJ, the NOJ will come
into effect on the date of the last signature. The NOJ will only
be effective if the joining Nation also signs a NOJ to the NATO
StratCom COE Operational MOU.
3. Any Participant may withdraw from this MOU giving twelve
months written notice to HQ SACT, which will immediately notify
the other Participants about such notice. Any withdrawal by a SN
from the NATO StratCom COE Operational MOU will, without further
notice, constitute a withdrawal from this MOU, in which case the
FN will ensure the appropriate information be provided to HQ
SACT.
SECTION 14
FINAL
CONSIDERATIONS
1. This MOU will come into effect on the same date as the NATO
StratCom COE Operational MOU or, the date of the last signature
to this MOU, whichever comes later, unless otherwise
provided.
2. This MOU will terminate in case of:
a. a written decision by all Participants;
b. the withdrawal of the FN;
c. the accreditation of the NATO StratCom COE is revoked;
d. HQ SACT withdrawing from this MOU;
e. the NATO StratCom COE Operation MOU is terminated.
3. In the event that this MOU is terminated or a Participant
makes formal notification of its withdrawal from the MOU, the
provisions of this MOU will continue to be applied until any
outstanding matters have been resolved.
4. Each follow-on arrangement concluded subsequently to this
MOU will be governed by the same conditions as this MOU, unless
otherwise specified in the arrangement itself. In case this MOU
is terminated, all of its follow-on arrangements will, unless
otherwise decided, terminate at the same date without further
notice.
5. This MOU is referred to as the "NATO StratCom COE
Functional MOU" consists of fourteen sections and two
annexes. The annexes are integral parts of this MOU.
6. References to NATO policy documents will encapsulate any
amendment thereof, or, as the case may be, refer to such policy
documents as may replace them.
7. This MOU is signed in one original in the English language.
The original document will be deposited with HQ SACT, as well as
the subsequent NOJ and any agreements or arrangements. As such,
HQ SACT will provide all Participants, as well as the NATO
StratCom COE, with certified true copies of this MOU and all
subsequent documents stating the dates when they became
effective.
The Foregoing
constitutes the UnderSTANDING reached AMONG THE
PARTICIPANTS.
For the Ministry of Defence of the
Republic of Latvia:
Signature: _______________
Name: Colonel Armands SALTUPS
Appointment: National military representative at NATO's Allied
Commander Transformation Headquarters
Place/Date: Norfolk, United States of America, 01 July
2014
For the Ministry of Defence of the
Republic of Estonia:
Signature: _______________
Name: Lieutenant Colonel Kuido PETTAI
Appointment: Staff Officer, HQ SACT
Place/Date: Norfolk, United States of America, 01 July
2014
For the Federal Ministry of Defence
of the Federal Republic of Germany:
Signed in the understanding that no German personnel is
expected to be provided prior to 1st of January
2015.
Signature: _______________
Name: Colonel Klaus-Dieter BERMES
Appointment: National Liaison Representative DEU to Supreme
Allied Commander Transformation
Place/Date: Norfolk, United States of America, 01 July
2014
For the Ministry of Defence of the
Italian Republic:
Signature: _______________
Name: Colonel Paolo FRARE
Appointment: Italian National Liaison Representative to
NATO
Place/Date: Norfolk, United States of America, 01 July
2014
For the Ministry of National Defence
of the Republic of Lithuania:
Signature: _______________
Name: Colonel Gintaras Leonas Veromėjus
Appointment: Lithuanian National Representative to the
Headquarters, Supreme Allied Commander Transformation
Place/Date: Norfolk, United States of America, 01 July
2014
For the Minister of National Defence
of the Republic of Poland:
Signature: _______________
Name: Colonel Ryszard Romanowski
Appointment: Polish National military representative to Allied
Command Transformation
Place/Date: Norfolk, United States of America, 01 July
2014
For the Ministry of Defence of the
United Kingdom of Great Britain and Northern Ireland
Signature: _______________
Name: Colonel Peter GERMAIN
Appointment: UK National Representative to the Headquarters,
Supreme Allied Commander Transformation
Place/Date: Norfolk, United States of America, 01 July
2014
For the Headquarters, Supreme Allied
Commander Transformation:
Signature: _______________
Name: General Jean-Paul Paloméros
Appointment: Supreme Allied Commander Transformation NATO
Place/Date: Norfolk, United States of America, 01 July
2014
Annex A to the
NATO StratCom COE Functional MOU
Sample of Note
of Joining
NOTE OF
JOINING
FOR THE [name of the National Authority] OF [name of the Joining
Nation]
TO PARTICIPATE IN THE
MEMORANDUM OF UNDERSTANDING
AMONG
THE [names of the National Authorities of the Sponsoring Nations,
in alphabetical order]
...
AND
HEADQUARTERS, SUPREME ALLIED COMMANDER TRANSFORMATION
CONCERNING
THE FUNCTIONAL RELATIONSHIP REGARDING
THE NATO STRATEGIC COMMUNICATIONS CENTRE OF EXCELLENCE
THE [name of the National Authority]
OF [name of the Joining Nation]
HAVING DECIDED to broaden its participation in NATO's overall
strategic communications transformation efforts; and
CONSIDERING its participation in the NATO StratCom COE,
located in Republic of Latvia as a Sponsoring Nation as agreed in
the Note of Joining to participate in the Memorandum of
Understanding among [names of the Participants to the
Operational COE MOU] concerning the Establishment,
Administration and Operation of the NATO StratCom COE signed on
[date of signing of the COE Operational MOU];
CONSIDERING [additional considerations];
ELECTS to participate in the Memorandum of Understanding among
[names of the Sponsoring Nations to the COE Functional
MOU], as well as Headquarters, Supreme Allied Commander
Transformation, concerning the Functional Relationship regarding
the NATO StratCom COE, which came into effect on [date of
entry into force of the COE Functional MOU].
For the [name of the National Authority] of [name of
the Joining Nation]:
| Signature: |
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| Name: |
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| Appointment: |
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| Place/Date: |
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The [names of the Participants to the COE Functional MOU
except HQ SACT], as well as Headquarters, Supreme Allied
Commander Transformation, as the Participants to the NATO
StratCom COE Functional MOU,
WELCOMING the expressed commitment by the [name of the
National Authority] of [name of the Joining
Nation];
AGREE with the [name of the National Authority] of
[name of the Joining Nation] joining them as a Participant
to the NATO StratCom COE Functional MOU under the terms outlined
in this Note of Joining.
This Note of Joining will come into effect on the date on
which the last signature is appended to it, or to the Note of
Joining for the [name of the National Authority] of
[name of the Joining Nation] to participate to the NATO
StratCom COE Operational MOU.
This Note of Joining is signed in one original and in the
[name of the languages] language(s). The original document
will be deposited with HQ SACT, which will provide certified
copies to all Participants to the NATO StratCom COE Functional
MOU, as well as to the NATO StratCom COE itself and the Joining
Nation. This joining will be duly recorded in the NATO StratCom
COE's Functional MOU Record of Change.
For the [name of the National Authority] of [name of
the first Sponsoring Nation in the alphabetical order]:
| Signature: |
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| Name: |
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| Appointment: |
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| Place/Date: |
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[Etc.]
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For the Headquarters, Supreme Allied
Commander Transformation:
| Signature: |
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| Name: |
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| Appointment : Supreme Allied
Commander Transformation |
|
| Place/Date: |
Norfolk, United States of
America, |
|
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pages]
Annex B to the NATO StratCom COE Functional MOU
Record of
Change
| DATE
OF THE CHANGE |
DESCRIPTION OF THE CHANGE |
DOCUMENT OR DECISION GENERATING THE CHANGE |
COMMENTS, DATE OF PROMULGATION, NAME, APPOINTMENT AND
SIGNATURE OF THE PROMULGATING AUTHORITY |
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