Arrangement between the Ministry of Defence of the Republic of Latvia and the Ministry of Defence of the Republic of Estonia concerning the exchange programme of civil servants

The Ministry of Defence of the Republic of Latvia and the Ministry of Defence of the Republic of Estonia, hereinafter referred to as “the Participants”,

Acknowledging the importance of mutual understanding between the Participants;

Referring to the Agreement between the Ministry of Defence of the Republic of Latvia, the Ministry of Defence of the Republic of Estonia and the Ministry of National Defence of the Republic of Lithuania on co-operation in the fields of defence and military relations, signed in Vilnius on 27th February 1995;

Taking into account provisions of the Agreement between the Government of the Republic of Latvia and the Government of the Republic of Estonia on the Mutual Protection of Classified Information, signed in Tartu on 26th May 2000;

Recognising the wish of the Participants to strengthen mutual cooperation by exchange of their civil servants;

Have agreed as follows:

Section 1
Objective and Scope

The objective of this Arrangement is to establish conditions for the programme of exchanging of civil servants between the Participants (hereinafter – exchange pro­gramme).

Section 2
Responsibilities of the Participants

2.1 Each Participant will cover all the costs of its civil servant that arise during the exchange programme, including the duty trips, in accordance with its national laws and regulations. These costs will include:

a) Salary, bonuses, per diem and other allowances;

b) Meals;

c) Accommodation;

d) Travel expenses to and from the territory of the state of the hosting Participant, as well as all expenses within the territory of the state of the hosting Participant;

e) Medical and dental assistance covered by the insurance policy of the civil servant;

f) Compensation for any loss or damage to the other Participant’s material assets arising from misconduct or negligence of the civil servants of the sending Participant;

2.2 The hosting Participant will furnish the civil servant with a workplace equipped with a personal computer, stationery and other necessary office supplies, an entrance card to its facilities, an official e-mail account, ensure access to the internal network and provide the civil servant with all communication means necessary, except mobile phone.

2.3 The Participants will ensure that the civil servant of the sending Participant will observe all the internal regulations of the hosting Participant. The hosting Participant will be responsible for introducing its internal regulations, including work safety instructions, to the civil servant of the sending Participant.

2.4 The time and duration of the exchange programme, the job descriptions of the exchange positions and the names of the civil servants will be agreed upon between the Participants.

Section 3
Organisation of work

3.1 The civil servants will work in accordance with the job descriptions agreed by the Participants.

3.2 During the exchange programme, the civil servant will remain an employee of the sending Participant. The Participants will inform each other immediately should the civil servant commit any violation. The sending Participant’s right to replace its civil servant with another civil servant will remain unaffected.

3.3 During the exchange programme, the civil servant will perform tasks assigned by the hosting Participant in accordance with the job descriptions.

3.4 The duty trips of the civil servant will be proposed by the hosting Participant. The civil servant will submit an application for a duty trip to the sending Participant, according to its national regulations and the sending Participant will decide on the authorisation of the assignment.

3.5 In accordance with the provisions of the present Arrangement the civil servant will observe the hours of work and other working practices of the facilities of the hosting Participant, and will, in addition to his/her normal leave entitlement, be permitted to take leave on public holidays observed by the hosting Participant.

3.6 After completion of the participation of the civil servant in the exchange programme, the hosting Participant will provide the sending Participant with a performance evaluation report regarding the civil servant.

Section 4
Security

4.1 All information to which the civil servant is granted access will not be further released or disclosed by the civil servant to any other person, organisation or state without the prior authorisation of the hosting Participant.

4.2 The civil servants will hold a security clearance at the level of “CONFIDENTIAL” or above.

Section 5
Language

The working language for projects and activities in the framework of this Arrangement is English.

Section 6
Final Provisions

6.1 This Arrangement will come into effect in the date of its last signature.

6.2 This Arrangement will remain in effect for an indefined period of time. It may be terminated by each of the Participants by giving two months’ prior written notification to the other Participant.

6.3 The Participants may amend this Arrangement at any time by mutual written consent.

6.4 Notwithstanding the termination of this Arrangement, all financial obligations and claims will remain in effect untill their final settlement.

6.5 All disputes between the Participants related to the interpretation or application of this Arrangement will be settled only by negotiations and will not be referred to any third party or to the court for settlement.

This Arrangement is signed in two (2) original copies in the English language, one (1) for each Participant.