Protocol between the Government of the Republic of Latvia, the Government of the Republic of Estonia and the Government of the Republic of Lithuania Concerning the Status of the Baltic Battalion Headquarters and the Personnel of the Baltic Battalion

 

PREAMBLE

The Government of the Republic of Latvia, the Government of the Republic of Estonia and the Government of the Republic of Lithuania, in the following referred to as the Parties,

Referring to the Agreement between the Government of the Republic of Latvia, the Government of the Republic of Estonia and the Government of the Republic of Lithuania concerning the Baltic Battalion, signed in Tallinn on December 10, 1997, in the following referred to as the Agreement, in which the Parties have agreed that while in the territory of any of the Parties due to activities connected to the Baltic Battalion 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, in the following referred to as the PfP-SOFA, shall govern the relationship between the Parties as for status of their forces;

Following Article 1 of the PfP-SOFA, in accordance with which, except as otherwise provided for in the PfP-SOFA and any additional protocol in respect to its own parties, all states parties to the PfP-SOFA shall apply the provisions of the Agreement between Parties to the North Atlantic Treaty regarding the status of their forces, done at London on 19 June, 1951, hereinafter referred to as the NATO-SOFA, as if all states parties to the PfP-SOFA were parties to the NATO-SOFA;

Noting the need to enhance administrative co-operation in order to facilitate planning and implementation of combined exercises and training within and the functioning of the Baltic Battalion;

In recognition of the need of defining the status of the personnel of the Baltic Battalion and of the Baltic Battalion Headquarters;

Following paragraph 1 of Article III of the Agreement, in accordance with which a Protocol, supplementary to the Agreement, concerning the status of the Baltic Battalion, while on the territory of any of the Parties, shall be concluded;

The Parties have concluded the following Protocol concerning the Status of the Baltic Battalion Headquarters and the personnel of the Baltic Battalion:

Part I

GENERAL PROVISIONS

Article 1

DEFINITIONS

For the purpose of this Protocol, in the following,

(a) the expression "Baltic Battalion" means the battalion, established by the Parties in accordance with the Agreement, consisting of national contingents and of multinational headquarters and their subordinated units, stationed on the territory of either of the Parties;

(b) the expression "a Baltic Battalion Headquarters" means any Baltic Battalion multinational headquarters and their subordinated units established by the Parties;

(c) the expression "Ministerial Committee" means the committee established in accordance with Article IV, paragraph 1.a) of the Agreement, consisting of the Ministers of Defence of the Parties, embodying the highest political authority over the Baltic Battalion;

(d) the definitions in Article I of the NATO-SOFA shall, unless otherwise mentioned in the provisions below, apply to this Protocol.

Article 2

APPLICATION

The application of this Protocol to a Baltic Battalion Headquarters shall be decided upon by the Parties through an exchange of notes. This Protocol may be applied in whole or partly by decision of the Parties. The scope of application of this Protocol shall be expressed in the above-mentioned exchange of Notes.

Article 3

APPLICATION OF NATO-SOFA

1. The Parties agree to apply the NATO-SOFA to the members of the armed forces and civilian components, in accordance with the application of the NATO-SOFA, of the Parties when stationed in the territory of another of the Parties due to activities connected to the Baltic Battalion.

2. For the purpose of paragraph 2.f. of Article VIII of the NATO-SOFA, the Parties agree to waive its claim in such cases where the damage is less than:

Latvia: 700 Ls

Estonia: 15 000 EEK

Lithuania: 4800 LT

Article 4

CO-OPERATION BETWEEN THE PARTIES

1. The Parties shall co-operate at all times to facilitate the proper administration of the provisions of this Protocol and the provisions of the NATO-SOFA.

2. The Parties shall conclude special arrangements concerning crossing the frontiers of the Parties in accordance with paragraphs 10 and 11 of Article XI of the NATO-SOFA, with due respect to the provisions in paragraphs 1-9 and 12-13 of the said Article and Articles XII and XIII of the NATO-SOFA.

3. The obligations laid down in paragraph 3 and 6 of Article IX of the NATO-SOFA shall be subject to separate arrangements.

4. Concepts of purchase, logistics and related matters shall be made subject to separate arrangements, with due regard to the obligations undertaken by the application of the NATO-SOFA.

5. National regulations of the receiving State on the prevention and control of infectious diseases of humans, animals and plants and on the prevention and control of plant pests apply to the Baltic Battalion. The national authorities and the appointed representative of the Baltic Battalion shall keep each other informed of the outbreak, or suspected outbreak, development and elimination of infectious diseases, and of the measures taken.

Article 5

MOVEMENT ORDER

1. As a supplement to paragraph 2.b of Article III of the NATO-SOFA, the Parties agree to issue an individual and a collective Baltic Battalion Movement Order.

2. The Baltic Battalion Movement Order shall be used only for the movement of military personnel and their personal baggage, individual weapons and official documents in connection to the activities related to the Baltic Battalion. Subject to the presentation by individuals of their national identity cards, the Baltic Battalion Movement Order shall permit individuals or units to pass without difficulty from the territory of one of the Parties to the present Protocol to the territory of one or more other Parties to the present Protocol being exempt from those regulations of the Parties which concern passports, visas and immigration inspections.

3. Detailed issues concerning the Baltic Battalion Movement Order may be laid down in a separate agreement, concluded by the Parties as a supplementary agreement to the present Protocol.

Part II

THE STATUS OF THE BALTIC BATTALION HEADQUARTERS AND ITS PERSONNEL

Article 6

LEGAL BASIS AND DEFINITIONS

1. Subject to the provisions of this Protocol, the NATO-SOFA shall apply to a Baltic Battalion Headquarters in the territory of any of the Parties to the present Protocol and to the military and civilian personnel of a Baltic Battalion Headquarters and their dependants included in the definitions in paragraph 2 of this Article, when such personnel are present in connection with their official duties or, in the case of dependants, the official duties of their spouse or parent when stationed in the territory of either of the Parties.

2. For the purpose of applying the NATO-SOFA to a Baltic Battalion Headquarters, the expressions "force", "civilian component" and "dependant", wherever they occur in the NATO-SOFA shall have the meanings set out below:

(a) "force" means the military personnel attached to a Baltic Battalion Headquarters by the Parties;

(b) "civilian component" means civilian personnel who are nationals of the Parties, but who are not nationals of, nor ordinarily resident in the receiving State, and who are:

(c) "dependant" means the spouse of a member of a force or civilian component, as defined in sub-paragraphs (a) and (b) of this paragraph, or a child of such member depending on him or her for support;

3. A Baltic Battalion Headquarters shall be considered to be a force for the purposes of Article II, paragraph 2 of Article V, paragraph 10 of Article VII, paragraphs 2, 3, 4, 7 and 8 of Article IX and Article XIII, of the NATO-SOFA.

Article 7

RIGHTS AND OBLIGATIONS

The rights and obligations which the NATO-SOFA gives to or imposes upon the sending State or its authorities in respect of its forces or their civilian components or dependants shall, in respect of a Baltic Battalion Headquarters and its personnel and their dependants to whom the NATO-SOFA applies in accordance with this Protocol, be vested in or attached to a Baltic Battalion Headquarters, except that:

(a) the right which is given by Article VII of the NATO-SOFA to the military authorities of the sending State to exercise criminal and disciplinary jurisdiction shall be vested in the military authorities of the Party, if any, to whose military law the person concerned is subject;

(b) the obligations imposed upon the sending State or its authorities by Article II, paragraph 4 of Article III, paragraphs 5 a. and 6 a. of Article VII, paragraphs 9 and 10 of Article VIII, and Article XIII, of the NATO-SOFA, shall attach both to a Baltic Battalion Headquarters and to any Party whose armed force, or any member or employee of whose armed force, or the dependant of such member or employee, is concerned;

(c) for the purposes of paragraphs 2 a. and 5 of Article III, and Article XIV of the NATO-SOFA the sending State shall be, in the case of members of a force and their dependants, the Party to whose armed force the member belongs, or, in the case of members of a civilian component and their dependants, the Party, if any, by whose armed force the member is employed;

(d) the obligations imposed on the sending State by virtue of paragraphs 6 and 7 of Article VIII of the NATO-SOFA shall attach to the Party to whose armed force the person belongs whose act or omission has given rise to the claim or, in the case of a member of a civilian component, to the Party by whose armed force he is employed or, if there is no such Party, to the Baltic Battalion Headquarters of which the person concerned is a member. Both the Party, if any, to which obligations attach under this paragraph and a Baltic Battalion Headquarters shall have the rights of the sending State in connection with the appointment of an arbitrator under paragraph 8 of Article VIII of the NATO-SOFA.

Article 8

JURIDICAL STATUS

1. A Baltic Battalion Headquarters shall have the capacity:

(a) to conclude contracts;

(b) to acquire and dispose of property;

2. The receiving State may, however, make the exercise of such capacity subject to special arrangements between it and a Baltic Battalion Headquarters.

3. Subject to the provisions of Article VIII of the NATO-SOFA, a Baltic Battalion Headquarters can engage in legal proceedings as claimant or defendant. However, the receiving State and a Baltic Battalion Headquarters may agree, that the Ministry of Defence or any appropriate national institutions of the receiving State shall act on behalf of the Baltic Battalion Headquarters in any legal proceedings to which that Baltic Battalion Headquarters is a party before the courts of the receiving State. The costs connected to carrying out contracts or settling legal actions shall be borne by that Baltic Battalion Headquarters.

Article 9

CLAIMS

1. The obligation to waive claims imposed on the Parties by Article VIII of the NATO-SOFA, and as agreed in Article 3 of this Protocol, shall attach both to a Baltic Battalion Headquarters and to any Party to this Protocol concerned.

2. For the purpose of paragraphs 1 and 2 of Article VIII of the NATO-SOFA,

(a) property owned by a Baltic Battalion Headquarters or by a Party to this Protocol and used by a Baltic Battalion Headquarters shall be deemed to be property owned by a Contracting Party and used by its armed forces;

(b) damage caused by a member of a force or civilian component as defined in paragraph 2 of Article 6 of this Protocol or by any other employee of a Baltic Battalion Headquarters shall be deemed to be damage caused by a member or an employee of the armed forces of a Contracting Party;

(c) the definition of the expression "owned by a Contracting Party" in paragraph 3 of Article VIII of the NATO-SOFA shall apply in respect of a Baltic Battalion Headquarters.

3. The claims to which paragraph 5 of Article VIII of the NATO-SOFA applies shall include claims (other than contractual claims and claims to which paragraphs 6 or 7 of that Article apply) arising out of acts or omissions of any employees of a Baltic Battalion Headquarters, or out of any other act, omission or occurrence for which a Baltic Battalion Headquarters is legally responsible, and causing damage in the territory of a receiving State to third parties, other than any of the Parties to this Protocol.

Article 10

IDENTIFICATION OF A BALTIC BATTALION HEADQUARTERS PERSONNEL AND VEHICLES

1. Members of a Baltic Battalion Headquarters shall have a personal identity card issued by a Baltic Battalion Headquarters showing names, date and place of birth, nationality, rank or grade, number (if any), photograph and period of validity. This card must be presented on demand.

2. Official motor vehicles and trailers of a Baltic Battalion Headquarters shall bear a clearly recognisable and authorised sign, indicating, that they are official motor vehicles and trailers of a Baltic Battalion Headquarters. Deviations from regulations governing conduct in road traffic are permitted to a Baltic Battalion Headquarters on such conditions and to such extent as are permitted to the armed forces of the receiving State.

Article 11

STATUS OF PREMISES, ASSETS, ARCHIVES AND OFFICIAL DOCUMENTS

1. Except as otherwise provided in this Protocol, the laws of the receiving State shall apply within the premises solely used by a Baltic Battalion Headquarters.

2. Except as otherwise provided in this Protocol, the courts or other appropriate institutions of the receiving State shall have jurisdiction, as provided in applicable laws, over acts, transactions or omissions taking place on the premises solely used by a Baltic Battalion Headquarters.

3. A Baltic Battalion Headquarters shall take all feasible measures to prevent the premises solely used by it from being used as a refuge by persons who are avoiding arrest under any law of the receiving State, who are requested by the receiving State for extradition to another country, or who are endeavouring to avoid service of legal process.

4. The archives and other official documents of a Baltic Battalion Headquarters kept in premises solely used by a Baltic Battalion Headquarters or in the possession of any properly authorised member of a Baltic Battalion Headquarters shall be inviolable. A Baltic Battalion Headquarters shall, at the request of the authorities of the receiving State and in the presence of a representative of the Ministry of Defence of the receiving State, verify the nature of any documents to confirm that they are entitled to immunity under this Article. This immunity shall not prevent the Parties from effecting and implementing mutually agreed functions and administrative procedures concerning a Baltic Battalion Headquarters.

5. Juridical actions, including service of legal process and the seizure, search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, juridical or legislative actions, of property, assets or funds shall not be taken against the Baltic Battalion Headquarters, except for the purpose of paragraph 6 a. of Article VII and Article VIII of the NATO-SOFA, or except otherwise with the consent of, and under the conditions, approved by the Parties.

Article 12

FREEDOM OF ACCESS

The competent national authorities shall not impede access to or from the premises solely used by a Baltic Battalion Headquarters by persons holding official post therein or by persons invited thereto in connection with the official work and activities of the Baltic Battalion upon their arrival in or departure from the territory of any of the Parties.

Article 13

TAXATION, CUSTOMS DUTIES

1. For the purpose of facilitating the establishment, construction, maintenance and operation of the Baltic Battalion, a Baltic Battalion Headquarters shall be relieved as far as practicable, from duties and taxes, affecting expenditures by it in the interest of the co-operation between the Parties in the Baltic Battalion and for its official and exclusive benefit.

2. A Baltic Battalion Headquarters shall enjoy the rights granted to a force under Article XI of the NATO-SOFA subject to the same conditions. The provisions in paragraph 5 and 6 of Article XI of the NATO-SOFA do not apply to nationals of the receiving State, unless such nationals belong to the armed forces of a Party to this Protocol other than the receiving State.

3. The expression "duties and taxes" in this Article does not include charges for services rendered.

Article 14

TAXATION OF PERSONNEL

The exemption from taxation accorded under Article X of the NATO-SOFA to members of a force or civilian component in respect of their salaries and emoluments shall apply as regards personnel of a Baltic Battalion Headquarters within the definitions in paragraph 2 a and b (i) of Article 6 of this Protocol, to salaries and emoluments paid to them as such personnel by the armed force to which they belong or by which they are employed. This paragraph does not exempt any such member or employee from taxation imposed by a State of which he is a national.

Article 15

DISPOSAL OF COMMON FUNDED ASSETS

Except in so far as the Parties may decide otherwise,

(a) any assets acquired from common funds or capital costs of a Baltic Battalion Headquarters and no longer required by that Baltic Battalion Headquarters shall be disposed of under arrangements approved by the Ministerial Committee and the proceeds shall be distributed among or credited to the Parties in the proportions in which they have contributed to the common funds or capital costs of that Baltic Battalion Headquarters. The receiving State shall have the prior right to acquire any immovable property so disposed of in its territory provided that it offers terms no less favourable than those offered by any third party;

(b) any land, buildings or fixed installations provided for the use of a Baltic Battalion Headquarters by the receiving State without charge to that Baltic Battalion Headquarters (other than a nominal charge) and no longer required by that Baltic Battalion Headquarters shall be handed back to the receiving State, and any increase or loss in the value of the property, so provided by the receiving State, resulting from its use by that Baltic Battalion Headquarters shall be determined by the Parties, taking into consideration any applicable law of the receiving State, and distributed among or credited or debited to the Parties in the proportions in which they have contributed to the common funds or capital costs of that Baltic Battalion Headquarters.

Article 16

CURRENCY

1. A Baltic Battalion Headquarters can hold currency of any kind and operate accounts. At the request of a Baltic Battalion Headquarters the Parties shall facilitate transfers of the funds of that Baltic Battalion Headquarters from one country to another and the conversion of any currency held by a Baltic Battalion Headquarters into any other currency, when necessary to meet the requirements of any Baltic Battalion Headquarters.

2. For the purposes of opening and operating bank accounts, a Baltic Battalion Headquarters may conclude a separate agreement with the appropriate governmental financial authority of the receiving State.

Part III

FINAL PROVISIONS

Article 17

DEPOSITORY

The Government of the Republic of Latvia shall act as the Depository for this Protocol.

Article 18

SETTLEMENT OF DISPUTES

Disputes between the Parties regarding the interpretation or application of this Protocol shall be resolved by negotiations between the Parties.

Article 19

REVISION AND AMENDMENTS

Any of the Parties may at any time request the revision of any Article of this Protocol. The request shall be addressed to the Depository which shall notify all the other Parties of each such notification and the date of the receipt thereof.

Article 20

SUPPLEMENTARY AGREEMENTS

The present Protocol may be supplemented by bilateral agreement between the receiving State and a Baltic Battalion Headquarters.

Article 21

RATIFICATION

The present Protocol shall be ratified and the instruments of ratification shall be deposited at the Depository, which shall notify each of the Parties of the date of deposit thereof.

Article 22

ENTRY INTO FORCE, VALIDITY AND DENUNCIATION

1. The present Protocol shall come into force on the 30th day from the date of the deposit of the last instrument of ratification.

2. The present Protocol is concluded for an unlimited period of time. It may be denounced by any of the Parties by written notification to the Depository which shall notify all the other Parties of each such notification and the date of the receipt thereof.

3. The denunciation shall take effect 6 months after the receipt of the notification by the Depository.

Done in Riga on April 16, 1998 in single original in English, Latvian, Estonian and Lithuanian language, which shall be deposited in the archives of the Depository. The Depository shall transmit certified copies of the Protocol to all Parties. In case of different interpretation the English version shall prevail.

For the Government	For the Government	For the Government
of the Republic of Latvia	of the Republic of Estonia	of the Republic of Lithuania