MEMORANDUM
OF UNDERSTANDING AMONG THE MINISTRY OF DEFENCE OF THE REPUBLIC OF
ESTONIA AND THE MINISTRY OF DEFENCE OF THE REPUBLIC OF LATVIA AND
THE MINISTRY OF NATIONAL DEFENCE OF THE REPUBLIC OF LITHUANIA
REGARDING TRANSPORTATION OF CLASSIFIED MATERIAL
PREAMBLE
Ministry of Defence of the
Republic of Estonia, Ministry of Defence of the Republic of
Latvia and the Ministry of National Defence of the Republic of
Lithuania, hereinafter referred to as the Parties,
Have reached the following
understanding:
Section 1
DEFINITIONS
1-1 For the purposes of this
Memorandum of Understanding:
a. “MOU” means the Memorandum of
Understanding.
b. “MOD Estonia” means Ministry of
Defence of the Republic of Estonia.
c. “NDACS LV” means the National
Distribution Authority Courier Service of the Republic of
Latvia.
d. “CS LAF” means the Courier
Service of the Lithuanian Armed Forces.
e. “ACO” means Allied Command of
Operations.
f. “Classified material” is
defined as any form of recorded information protected by the
classification of “NATO CONFIDENTIAL” or higher. It includes all
cryptographic information.
g. “Recorded information” includes
but is not limited to printed, typewritten or reproduced papers,
files, manuscripts, maps, charts, graphs, photographs, film
slides, punched cards, recording tapes and disks.
Section 2
PURPOSE AND
SCOPE
2-1 The purpose of this MOU is to
specify the rules of mutual co-operation between courier services
of the Parties to be afforded to NATO activities within the
territory of the states of the Parties in accordance with NATO
regulations.
Section 3
REFERENCES
3-1 In accordance with their
national legislation the Parties agree to the applicability of
the documents listed as References below:
A. Agreement between the Parties
to the North Atlantic Treaty Regarding the Status of Their Forces
(done in London, 19 June 1951).
B. Postal Organisation and Courier
Service for the NATO Forces (STANAG 2109).
C. Agreement between the Parties
to the North Atlantic Treaty for the Security of Information
(done in Brussels, 06 March 1997).
D. CM (2002) 49.
E. ACO Directive 15-25, ACO
Courier System.
F. ACO Directive 70-1, ACO
Security Directive.
Section 4
RESPONSIBILITIES
4-1 CS LAF agrees to provide road
service from the Lithuanian satellite station in Vilnius to the
SHAPE Courier Service satellite station in Warsaw, Poland. NDACS
LV agrees to provide road service from the Latvian satellite
station in Riga to the Lithuanian satellite station in Vilnius.
MOD Estonia agrees to provide road service from the Estonian
satellite station in Tallinn to the Latvian satellite station in
Riga.
4-2 The Parties agree to:
a. Provide each other with details
of transportation schedules seven (7) working days in advance,
and of any amendments, delays and interruptions as they
occur.
b. While transporting its own
classified material accept and transport classified material of
the other Party (including crypto material) classified NATO
CONFIDENTIAL and above that does not exceed the weight of 300 kg
and fits into free safe space.
c. Conduct enquiries into any
delay, interruption of delivery or breach of security and advise
other Parties as appropriate.
d. Supply each other with a list
of those couriers authorised to sign for classified material in
accordance with reference D.
e. As a minimum, transfer
classified material in accordance with Reference C.
f. Pack classified material in
accordance with References D and E.
g. Document all material
transferred between the satellite stations of the Parties
individually in accordance with Reference D, showing each
ultimate destination and providing a courier service number to
each piece. Timed and dated receipts will be provided on these
lists and copies provided to both accepting and dispatching
offices.
Section 5
COURIER
SERVICES
5-1 The Parties will inform each
other about the appropriate courier service responsible for the
implementation of this MOU and provide all necessary contact
information.
Section 6
FINANCIAL
PROVISIONS
6-1 The Parties will provide each
other with courier services on a reciprocal basis with no costs
being charged to the other Parties.
Section 7
COMMENCEMENT,
DURATION AND TERMINATION
7-1 This MOU will enter into force
on the day of the last signature.
7-2 The Parties may terminate this
MOU at any time by mutual written agreement.
7-3 Each Party may withdraw from
the MOU by giving ninety (90) days prior written notice to the
other Parties.
7-4 If the MOU is terminated, or
if any of the Parties withdraws from the MOU, the Parties will
initiate negotiations to settle all outstanding obligations,
claims, disputes and security issues arising from this MOU.
Section 8
MODIFICATION AND
DISPUTES
8-1 Any dispute regarding the
interpretation or application of this MOU shall be resolved by
consultations between the Parties and will not be referred to any
national or international tribunal or third party for
settlement.
8-2 Each Party may propose an
amendment or revision to this MOU at any time. In this case, the
Parties will enter into consultations. Agreed amendments or
revisions will enter into force, in accordance with the procedure
set forth in Section 7 of this MOU.
8-3 In the event of conflict
between Reference B and this MOU, Reference B will prevail.
8-4 The relevant provisions of
Reference A, in particular Article VIII, will apply to the
resolution of all kinds of damage to and/or loss of classified
material.
Section 9
TEXT AND
SIGNATURE
9-1 This MOU is signed in the
English language in three original copies each of the texts
having an equally binding legal effect.
|
FOR THE MINISTRY
OF DEFENCE OF THE
REPUBLIC OF ESTONIA
|
FOR THE MINISTRY
OF DEFENCE OF THE
REPUBLIC OF LATVIA
|
FOR THE MINISTRY
OF NATIONAL DEFENCE OF THE
REPUBLIC
OF LITHUANIA
|
|
Mr Herman
Simm
|
Mr Edgars
Rinkēvičs
|
Mr
Valdemaras Sarapinas
|
|
Director, National Security
Authority
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State Secretary
|
State Secretary
|
|
30/05/2005, Tallinn
|
17/08/2005, Riga
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29/08/2005, Vilnius
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