MEMORANDUM
OF UNDERSTANDING (MOU) BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE HEADQUARTERS, SUPREME ALLIED COMMANDER TRANSFORMATION CONCERNING COOPERATIVE NUGGET 2004

PREAMBLE

The Government of The Republic of Latvia, represented by the Minister of Defence of the Republic of Latvia (MoD) and Headquarters, Supreme Allied Commander Transformation (HQ SACT), hereinafter referred to collectively as the Parties:

HAVING REGARD to the provisions of "Protocol on the Status of International military Headquarters set up Pursuant to the North Atlantic Treaty" (Paris Protocol), dated 28 August 1952;

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;

HAVING REGARD to the provisions of the "Agreement Among 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), and including the Additional Protocol to this Agreement, dated 19 June 1995;

HAVING REGARD to the provisions of "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), dated 19 December 1997;

HAVING a common interest in achieving compatibility, interoperability, and standardization of practices and doctrine relating to logistics support of the forces of NATO, NATO member Nations, and PfP member Nations;

RECOGNIZING that combined exercises are fundamental to achieving the goals that are common to the Parties;

RECOGNIZING that exercise COOPERATIVE NUGGET, scheduled for January 2004 (Phase I) and March 2004 (Phase II), is an implementing element of NATO and PfP principles;

CONSIDERING the need to arrange an agreed structure to facilitate this exercise;

THE PARTIES HAVE REACHED THE FOLLOWING UNDERSTANDING:

Article one

DEFINITIONS

For the purposes of this MOU, the following terms have the meaning as indicated:

1.1. CN04 (COOPERATIVE NUGGET 2004) - A Combined Joint Command Post Exercise (CPX) and Computer Assisted Exercise (CAX) confined to a classroom location for combined training relating to staff procedures during a NATO - led Peace Support Operation (PSO) scenario. The term CN04 includes: pre-exercise planning, coordination and training, conduct of the exercise, and post exercise assessment.

1.2. Participants - Military and civilian personnel from HQ SACT and other NATO headquarters, and NATO, PfP and Mediterranean Dialogue nations temporarily entering HN territory for conducting CN04 .

1.3. Host Nation (HN) - The Republic of Latvia, being the nation that receives and temporarily hosts the Participants for conducting CN04 Phase I and Phase II.

1.4. Host Nation Support (HNS) -The civil and military assistance rendered by the Host Nation to the Participants as necessary to conduct CN04 .

1.5. Force Protection (FP) - All measures taken and means used to minimize the vulnerability of personnel, facilities, equipment and operations to any threat and in all situations, so as to preserve freedom of action and the operational effectiveness of the force.

1.6. Joint Implementation Arrangement (JIA) - The follow - on document that details the Host Nation support required by the Participants deployed on HN territory and clarifies the procedures and other measures necessary to enable the MoD and HQ SACT or its authorized representative to effectively fulfil the responsibilities identified in this MOU.

Article two

PURPOSE

2.1. The purpose of this MOU is to establish and implement the principles and procedures for the conduct of CN04, including the provision of HNS to the Participants.

2.2. This MOU and its supporting documents serve as a basis for the development, planning, and execution of HNS, as necessary, between the MoD and HQ SACT or CINCWESTLANT, as its authorised representative during CN04 .

Article three

SCOPE AND GENERAL ARRANGEMENTS

3.1. HNS, as defined in this MOU and specified in the JIA, will commence with the entry of the advance teams of the Participants into HN territory and will continue throughout the exercise until the last Participant leaves HN territory .

3.2. The HN will provide support to the Participants deployed for CN04 within its fullest capacity to do so and in consideration of the practical limitations or circumstances that exist during the CN04 execution phase.

Article four

LEGAL ISSUES

4.1. The status of the Participants will be determined in accordance with NATO and/or PfP SOFA and the Paris Protocol, as applicable.

4.2. The status of the Participants of nations which are not states parties to the above mentioned treaties will be determined in accordance with HN legislation and international law or any other arrangements between the nations involved.

4.3. The HN will exempt:

a) Participating foreign personnel from border taxes and visa requirements at entry/exit into/ from HN territory;

b) Participating foreign personnel from HN procedures for registration and control of foreigners upon arrival/departure from its territory, however this shall not be considered as acquiring any right of permanent residence or domicile on the territory of the HN; and

c) Equipment, supplies, products, and materials temporarily imported into and exported from HN territory in connection with CN04, from all duties, taxes, fees and tolls.

4.4. The HN will make arrangements to either reimburse HQ SACT or its authorized representative or make direct payment to the designated supplier for all taxes and duties on goods purchased for the conduct of CN04.

4.5. Upon entry/exit from HN territory the following documents shall be presented by the Participants upon request:

a) Identity card/passport issued by the national authorities, showing the name, date of birth, rank and number (if any), service and photograph; and

b) Individual or collective movement order or NATO travel order in the language of the respective nation and in English.

4.6. All Participants may import and export cash or cash instruments in accordance with HN legislation.

4.7. Criminal and disciplinary jurisdiction over NATO/PfP Participants with respect to offences committed by them on the territory of the HN and punishable under its laws will be settled according to the NATO/PfP SOFA.

4.8. A ll claims, other than contractual claims, arising as a result of CN04, during the deployment, exercise and redeployment period to and from the exercise area, will be processed according to the NATO/PfP SOFA.

4.9. C laims arising from acts or omissions of NATO/PfP Participants, done in the performance of their official duty and causing damage on the territory of the HN to third parties, other than PfP or NATO Nation participating in CN04, shall be processed in accordance with article VIII of NATO SOFA.

4.10. HQ SACT may, in support of CN04, establish bank accounts in any currency and shall have the capacity to conclude contracts, make purchases and dispose of property for the purposes of the exercise in accordance with HN legislation and the Paris Protocol. The Latvian point of contact will assist, as necessary.

4.11. Personnel are authorized to wear uniforms while participating in CN04. Participants in CN04 shall not have the right to have and carry arms and ammunition during their stay in The Republic of Latvia.

Article five

FORCE PROTECTION

5.1. Comprehensive and effective FP will be planned for NATO static headquarters, operations, training and exercises, and will be detailed in OPLANS, EXPIs and Supplementary Agreements, as appropriate. FP will be implemented in accordance with NATO policy and procedures and in a manner consistent with the NATO/PfP SOFA. Under no circumstances will the FP required or provided be contrary to the NATO/PfP SOFA or HN laws.

5.2. As appropriate, the HN will inform the SN and NATO Commander of its proposed FP measures, limitations and restrictions.

5.3. As appropriate, each SN is responsible for identifying and providing its FP requirements and limitations to the HN and NATO Commander.

5.4. In addition to those FP responsibilities detailed in NATO FP policy and procedures, the NATO Commander is responsible for coordinating all required and provided HN and SN FP as appropriate to the protection of the Force.

Article six

RESPONSIBILITIES

6.1. The HN will:

a) Specify a point of contact regarding implementation of this MOU including HN support of the exercise;

b) Provide the required logistic support and services as mutually determined under this MOU and in the relevant JIA, taking into account national requirements and actual availability;

c) Provide a representative to assist Participants with clearance through Immigration and Customs at times of arrival and departure;

d) Make or conclude those requested and necessary arrangements with appropriate sources/agencies (including civil and commercial sources) on behalf of HQ SACT or its authorised representative to effect timely and efficient support to the Participants. HQ SACT may provide direct payment or reimbursement to individual vendors or other authorised representatives for HNS requirements provided for CN04. The Latvian point of contact will assist, as necessary [a1].

6.2. HQ SACT (CINCWESTLANT) will:

a) Use with care items on loan and facilities provided for use by HN and will return them in the same condition in which they were received, except for normal wear and tear.

b) Provide a list of personnel by name and nationality, date of birth, number of passport or identity card, rank (if any) and also an information on scheduled time of arrival, airline, Aerial Port of Entry, and departure no later than fifteen twenty days prior to the commencement date of the exercise.

c) Give timely notice of any change in relevant circumstances to the HN.

d) Designate a point of contact for any issue in connection with implemention of this MOU or relevant JIA.

Article seven

FINANCIAL PROVISIONS

7.1. The price charged for supplies, services and facilities from civilian sources will be at the actual cost of each service or supply without any element of profit on the part of the MoD. In no event will the price charged be greater than the most favourable rate applicable to the HN Armed Forces. Military supplies, services and facilities will be provided at no charge.

7.2. The HN will keep the administrative and financial records necessary to establish reimbursement to the HN and will provide authenticated copies of such records to HQ SACT, or its authorized representative, in English.

7.3. Medical and dental support provided by civilian HN medical personnel/facilities to Participating personnel will be paid by the individuals/sending nation concerned. Such support must include the availability of intermediate and intensive care facilities which meet NATO medical support standards.

7.4. Medical and dental support provided by HN military personnel, including the use of military facilities/equipment, will be at no cost to Participants.

Article eight

LANGUAGE

8.1. English is the working language for the purposes of this MOU and while conducting CN04.

8.2. This MOU is prepared in the English language in two original copies.

Article nine

COMMENCEMENT, DURATION AND TERMINATION

9.1. This MOU will come into force on the date of the last signature.

9.2. This MOU will remain valid until the final Participant leaves the territory of the Host Nation and all issues and obligations relating to CN04 are settled.

Article ten

DISPUTES AND AMENDMENTS

10.1. Any disputes arising in connection with this MOU shall be resolved immediately by mutual consultation between the Parties involved, without recourse to outside jurisdiction.

10.2. Upon request of either Party the provisions of this MOU may be amended or supplemented by written agreement that shall be approved and signed by both parties.

Signed:
On behalf of the Government of the Republic of Latvia	On behalf of Headquarters,
The Minister of Defence	Supreme Allied Commander Transformation
Ģirts Valdis Kristovskis	J. O. M. Maisonneuve
	Lieutenant - General Canadian Forces Chief of Staff
Date:	Date: