EXERCISE SUPPORT AGREEMENT BETWEEN THE MINISTRY OF DEFENCE OF THE REPUBLIC OF LATVIA, THE MINISTRY OF DEFENCE OF THE REPUBLIC OF ESTONIA, THE MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF ESTONIA, THE LITHUANIAN ARMED FORCES, THE MINISTRY OF DEFENCE OF THE KINGDOM OF NORWAY, THE MINISTRY OF DEFENCE OF THE REPUBLIC OF POLAND AND UNITED STATES SPECIAL OPERATIONS COMMAND EUROPE, REGARDING THE EXERCISE "SHAMROCK KEY 06"

 

PREAMBLE

The Ministry of Defence of the Republic of Latvia, the Ministry of Internal Affairs of the Republic of Estonia, the Ministry of Defence of the Republic of Estonia, the Lithuanian Armed Forces, the Ministry of Defence of the Kingdom of Norway, the Ministry of National Defence of the Republic of Poland and United States Special Operations Command Europe, hereinafter referred to in the body of this Exercise Support Agreement (ESA) as "the Parties",

Acknowledging that all provisions of The Agreement between the Parties to the North Atlantic Treaty Regarding the Status of their Forces, signed in London on the nineteenth day of June, 1951 (hereinafter referred to as the "NATO SOFA") apply, and

Considering the applicability of the Acquisition and Cross-Servicing Agreements (hereinafter referred to as "ACSA") between the Department of Defense of the United States of America and the Minis­try of Defence of the Republic of Latvia, US-LG-01, dated 30 March 1998, the Minis­try of Defence of the Republic of Estonia, US-EN-01, dated 20 Oct 1998, the Ministry of National Defence of the Republic of Lithuania, US-LH-01, dated 30 April 1996, the Ministry of Defense of the Kingdom of Nor­way, US-NO-01, dated 20 August 1982 as amended on 15 January 1993, the Minis­try of National Defense of the Republic of Poland, US-PO-01, dated 22 November 1996 as amended on 11 July 2003, and the Implementing Arrangements Concerning Mutual Logistic Support (hereinafter referred to as "IA") between the Department of Defense of the United States of America and the Ministry of Defence of the Republic of Latvia, EC-LG-01, dated 30 March 1998, the Ministry of Defence of the Republic of Estonia, EC-EN-01, dated 6 May 1999, the Minis­try of National Defence of the Republic of Lithuania, EC-LH-01, dated 30 April 1996, the Ministry of Defence of the Kingdom of Norway, EC-NO-01, dated 25 January 1996, and the Ministry of National Defence of the Republic of Poland, EC-PO-01, dated 22 November 1996, and to all mutual logistics and cross-servicing issues related to the exercise "SHAMROCK KEY 06", and

Understanding that this ESA does not create any rights and obligations that do not currently exist pursuant to any international agreement between the Parties;

Have the following understanding:

 

Article 1

DEFINITIONS

The following definitions apply throughout this ESA and the Technical Arrangements:

1. Receiving State ("RS") - Republic of Latvia or Republic of Estonia, Republic of Lithuania, as represented by the respective Ministries of Defence, Armed Forces, or Ministry of Internal Affairs;

2. Sending State ("SS") - Republic of Latvia, Republic of Estonia, Republic of Lithuania, Kingdom of Norway, Republic of Poland as represented by the respective Ministries of Defence, Armed Forces, or Ministry of Internal Affairs and the United States of America;

3. Visiting Unit ("VU") - A military unit of the SS. The term also includes the military units of the Parties of this ESA with any assigned or attached personnel, operational control units, or other support from other agencies, and civilian and contractor personnel accompanying the force or unit;

4. Designated Training Areas (DTA) - Locations, to include remote sites, Amari Air Base, Jagala highway air strip, sea lane between Paldiski and Tallinn, Tallinn Port Facility, Suur-Patarei 13, Tallinn, Estonia; Camp Adazi, Naval Headquarters, Riga Apartment Building, Spilve Airfield, and the building at the former Bolderaja military fortress, Latvia; and Dragoon Battalion Barracks, Kazlų Rūda Training Area, Lithuanian Special Operation Forces Training Area, Palanga Airfield, and Rukla Training Area, Lithuania;

5. Exercise - Training exercise "SHAMROCK KEY 06"; and

6. Technical Arrangement ("TA") - Arrangement that sets forth technical and administrative details of logistical support during the Exercise.

7. Military Authority of the SS - those authorities of a SS who are empowered by its law to enforce the military law of that State with respect to members of its forces or civilian components.

 

Article 2

PURPOSE

1. The purpose of this ESA is to establish general principles regarding the multinational exercise "SHAMROCK KEY 06" in the territories of Estonia, Latvia, and Lithuania during the period of April to May 2006. This ESA also specifies the application of the aforementioned controlling legal authorities for the Exercise and for the support of VU during their presence in Estonia, Latvia, and Lithuania. In the event of conflict with the ESA, the aforementioned legal authorities will control.

2. The Exercise shall be directed by the Commanding General, United States Special Operations Command Europe.

3. TAs may be developed by the relevant Parties for the purpose of outlining technical and administrative matters. Upon written agreement between the relevant Parties, TAs may be added, modified, or deleted. The addition, modification, or deletion of one or more TA shall not change the purpose and effect of this ESA. In the event of conflict between the ESA and the TAs, the ESA will govern.

4. The Exercise shall be conducted subject to the availability of funds on the part of the VU and the United States Government.

 

Article 3

LEGAL CONSIDERATIONS

During their presence in the territory of the RS, members of the VU shall, in accordance with Article II of the NATO SOFA, respect the laws of the RS. The RS shall provide legal liaison support to the VU during the Exercise as necessary or as requested by the VU concerning activities related to this Exercise.

 

Article 4

CRIMINAL JURISDICTION

1. Article VII of the NATO SOFA, as applicable, shall govern all issues of criminal jurisdiction that may arise during the Exercise. A written determination of the military authority of the SS that an act or omission of its personnel was performed in the course of his or her official duties will be sufficient evidence of "official duty" for purposes of Article VII, Paragraph 3(a)(ii) of the NATO SOFA.

2. Administrative and judicial authority, including disciplinary authority, over personnel of the VU shall remain a responsibility of the SS in accordance with its national legislation and policies as authorized by the NATO SOFA. Judicial proceedings in the RS by the SS will be implemented, if required, after consultation with the RS.

3. The RS agrees that VU personnel may not be surrendered to, or otherwise transferred to, the custody of an international tribunal or any other entity or state without the express consent of the SS.

 

Article 5

FORCE PROTECTION AND SECURITY

1. In accordance with Article VII, Paragraph 11, of the NATO SOFA, the RS shall take measures as are necessary to ensure the adequate security and protection of the VU and VU personnel within the RS.

2. In accordance with Article VII, Paragraph 10, of the NATO SOFA, the Parties shall cooperate closely with each other to ensure the security of the members of the VU and its property/equipment.

3. All Parties recognize the right of the VU to take all appropriate measures to ensure the maintenance of order and security at any sites it occupies in accordance with this ESA. If the safety of members of the VU is endangered, then SS military autho­rities may take appropriate measures to maintain or restore order and discipline in the facilities or areas where the VU are located. The foregoing shall not be interpreted to restrict the right of self-defense outside of the facilities and areas as well. Any persons, other than VU personnel, detained by the VU, shall be turned over as soon as practicable to the control of the RS military or civil police.

4. In the event of an accident involving VU equipment of any kind, the VU and RS will cooperate fully in securing the area of the accident site in conducting an investigation. In case of necessity, the VU shall have responsibility for establishing appro­priate security measures for the immediate area of the accident site. As necessary, the VU will coordinate with the RS regarding any investigation into the accident. The VU shall be entitled to have an observer present at any inquiry conducted by the RS. The VU shall maintain control of any damaged VU property, and shall have the right to remove damaged VU property at its discretion upon notice to the RS. The VU and RS will cooperate in the exchange of information involving the accident, however, confidential or classified safety investigation materials need not be disclosed. The VU shall be provided with a copy of any accident reports compiled by RS authorities.

 

Article 6

ENVIRONMENTAL PROTECTION

1. The VU understands the RS concern for the environment and the inherently stressful impact military activities may have on natural resources and agree to balance the need for realistic exercise conditions with RS environmental protection programs.

2. The VU will respect the RS laws and regulations concerning protection of its environment and natural resources. Claims related to damage to the environment during the Exercise shall be addressed in accordance with the NATO SOFA. The RS will provide the VU with guidance for the protection of the environment in the Exercise areas, in the English language, prior to the start of the Exercise.

 

Article 7

FINANCIAL CONSIDERATIONS

1. Billing and payment of invoices related to or in support of the exercise and executed between the Parties for the purpose of providing logistic support, supplies and services to another Party will be carried out in accordance with the provisions of the ACSA between those parties or, in the absence of an ACSA, by procedures mutually agreed between the supplying and receiving Parties.

2. The VU shall be entitled to exemption from Value Added Tax (VAT) on all goods and services acquired by the VU relating to the exercise activities and projects. When RS legislation does not provide for exemption from VAT, the VU shall be entitled to reimbursement of the VAT on all invoices for purchases of goods and services made by the VU for the purpose of or related to the exercise activities and projects.

 

Article 8

CLAIMS

All claims (other than contract claims) arising out of or in connection with the Exercise shall be resolved in accordance with Article VIII of the NATO SOFA.

 

Article 9

UNIFORM AND WEAPONS

1. VU military personnel are authorized, in accordance with Article V of the NATO SOFA, to wear their national uniforms at all times and at all places within the territory of the RS.

2. VU military personnel may carry weapons and ammunition in accordance with Article VI of the NATO SOFA when: performing official duties, transiting the RS, and at the RS training locations. The RS recognizes that the orders authorizing VU military personnel to enter the territory of the RS also authorize VU military personnel to carry weapons and ammunition in accordance with SS laws, regulations and policies. VU will maintain orders for all VU personnel, and make them available for the RS upon request. VU personnel are not required to possess a copy of their orders except at the time of entry into and exit from the territory of the RS.

 

Article 10

DISPUTES

Any dispute regarding interpretation or application of this ESA shall be resolved by consultation between the Parties only.

 

Article 11

EFFECTIVE DATE, TERMINATION, AND WITHDRAWAL

1. This ESA shall become effective upon the date of the last signature affixed, and shall remain in effect until final settlement of all issues, financial, legal, or otherwise, concerning the activities conducted pursuant to this ESA.

2. This ESA may be amended by the mutual consent of the Parties or their designated representatives. All amendments shall be in writing, and shall become effective upon the date of the last written approval. Separate TAs may be amended by agreement of the Parties, and signed by competent authority, without affecting the basic intent of this ESA.

3. This ESA may be terminated by mutual consent of the Parties at any time. Neither the notice to terminate, nor an actual termination, shall absolve a Party of financial obligations owed to the other Party, when such obligations relating to the exercise were incurred in accordance with the terms and conditions set forth in the ACSAs or other applicable agreements between the Parties or this ESA.

4. A Party may unilaterally withdraw from this ESA due to operational requirements resulting from national military obligations arising at any time after this ESA takes effect by notifying the other Parties in writing. The withdrawing Party is not absolved from any financial obligations owed to the other Party incurred through the date of notification of withdrawal. Financial costs incurred as a result of such withdrawal will be presented to the withdrawing Party for reimbursement no later than 3 months from the date the costs were incurred following the withdrawal notification.

In witness whereof the representatives of the Parties, duly authorized in that capacity, have signed the present ESA.

 

FOR THE MINISTRY

OF DEFENCE OF THE REPUBLIC OF LATVIA

Vice admiral Gaidis Andrejs Zeibots

Chief of Defence

On: March 24, 2006

Place: Rīga

FOR THE MINISTRY

OF DEFENCE OF THE REPUBLIC OF ESTONIA

Mr. Jürgen Ligi

On: 24/03/2006

Place: Tallinn

FOR THE MINISTRY

OF INTERNAL AFFAIRS OF THE REPUBLIC OF ESTONIA

MR. Jaan Őunapuu

On: 24/03/2006

Place: Tallinn

FOR THE LITHUANIAN ARMED FORCES

Vitalijus Vaikšnoras,

Brigader General

Chief of Defence Staff

On: 22.03.2006.

Place: Vilnius

FOR THE MINISTRY

OF DEFENCE OF THE KINGDOM OF NORWAY

Harald Sunde

Major General

On: 8 March, 2006

Place: Oslo

FOR THE MINISTRY

OF NATIONAL DEFENCE OF THE REPUBLIC OF POLAND

Jan Kempara

Major General

On: 27.03.2006.

Place: Warsaw

FOR UNITED STATES SPECIAL OPERATIONS COMMAND EUROPE

Thomas R. Csrnko,

Major General, USA

Commanding

On: 22 March, 2006

Place: Patch Barrcacks, Germany

ANNEXES:

A. ENTRY AND EXIT

B. MOVEMENT AND TRANSPORTATION

C. COMMUNICATIONS

D. AIRSPACE AND AIRCRAFT REQUIREMENTS

E. INTELLIGENCE

F. LOGISTICS

G. PUBLIC AFFAIRS

H. MEDICAL

I. ENVIRONMENTAL

J. SECURITY AND FORCE PROTECTION

K. SAFETY