Memorandum of Understanding between
the Ministry of Defence of the Republic of Latvia
and the Ministry of Defence of the Kingdom of Norway
concerning Military Co-operation

The Ministry of Defence of the Republic of Latvia and the Ministry of Defence of the Kingdom of Norway,
hereinafter referred to as “the Participants”,
taking into account the Agreement between the Ministry of Defence of the Kingdom of Norway and the Ministry of Defence of the Republic of Latvia on contacts and co-operation concerning defence matters, signed in Riga, Latvia on 9 August 1995,
wishing to set forth the legal and practical framework arrangements for the implementation of bilateral military co-operation activities,
have reached the following understanding:

Section 1
General

The purpose of this Memorandum of Understanding (MOU) is to provide an overall and practical framework for military co-operation between the Participants, including the implementation of military co-operation programmes adopted by the Participants.

Section 2
Scope

1. Detailed arrangements related to specific projects and activities between the Participants will be laid out separately in Technical Arrangements. These will be concluded within the auspices of this MOU, but will not become integral parts of this MOU.
2. Nothing in this MOU shall be construed as placing an obligation on Participants to commit them to participate in certain projects or activities. All commitments will be agreed upon on a case-by-case basis. Unless otherwise agreed, each Participant retains the right to withdraw at any stage from projects and activities conducted under the auspices of this MOU.
3. This MOU is not intended to conflict with the national legislation of the Participants or with international law. In case of conflict, international law and national legislation will prevail. The Participants will notify each other in the event of any conflict arising.

Section 3

Definition of terms

For the purpose of this MOU:
1. Host Nation Support means the support provided by the Participant receiving personnel from the other Participant on its territory.
2. National Security Authority (NSA)/Designated Security Authority (DSA) means the government entity or entities of each Participant responsible for protective security policy and guidance.
3. NATO SOFA means the Agreement between the States parties to the North Atlantic Treaty regarding the status of their forces, done in London 19^th of June 1951.
4. PfP SOFA means 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, with the 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, done in Brussels 19^th of June 1995.

Section 4
Points of contact

Each Participant will appoint a point of contact for each project or activity concluded within the auspices of this MOU.

Section 5
Jurisdiction, repatriation and claims

1. The Participants will exercise criminal and disciplinary jurisdiction over their own personnel in accordance with the provisions of NATO SOFA/PfP SOFA.
2. For the purpose of Articles VII and VIII of the NATO SOFA, civilian personnel assigned to work under the auspices of this MOU, shall be deemed to be members of a civilian component within the meaning of Article I of NATO SOFA.
3. A Participant receiving personnel within its territory retains the right to request repatriation of any member of the visiting personnel as laid down in Article III, para. 5 of NATO SOFA.
4. Claims will be handled in accordance with the provisions of NATO SOFA/PfP SOFA.
5. To ensure reciprocity between the Participants concerning the waiver of claims up to a certain amount in accordance with Article VIII, para. 2 (f) of NATO SOFA, the amount of 10 000 Norwegian Kroner (NOK) will be governing for both Participants.
6. The Participants will exchange information through the points of contact referred to in Section 4, to whom claims are to be forwarded.

Section 6
Command and control

Each Participant retains command and control over their personnel as specified in a Technical Arrangement. When conducting a project or activity on the territory of the other Participant, the sending Participant will appoint and instruct a Senior National Representative among its personnel.

Section 7
Host Nation Support

The Host Nation will to the extent feasible provide, free of charge, access to military accommodation, canteen facilities and offices for military personnel of a Participant assigned to a project or an activity under the auspices of this MOU on the territory of the other Participant. The extent of such and other Host Nation Support arrangements will be concluded in advance in a Technical Arrangement for each project or activity.

Section 8
Financial provisions

1. Unless otherwise agreed, each Participant will cover its own expenses derived from military co-operation projects and activities under the auspices of this MOU.
2. The provisions of NATO SOFA/PfP SOFA will apply with regard to import, re-export, taxes, customs, duties and similar charges.

Section 9
Protection of classified information

1. Classified information exchanged between the Participants subject to this MOU will be used, handled and safeguarded in accordance with the Participants’ national security laws and regulations. The degree of protection provided should be no less stringent than that provided for NATO classified information and material as detailed in the document “Security within the North Atlantic Treaty Organisation”, C-M(2002)49, dated 17 June 2002.
2. Classified information and material will be transmitted only through official secured channels between the competent authorities of the Participants.
3. Each Participant will appoint a National Security Authority (NSA)/Designated Security Authority (DSA) responsible for security issues arising from projects and activities under the auspices of this MOU.
4. Detailed security arrangements for specific purposes may be regulated in separate instructions or in Technical Arrangements.

Section 10
Official language

The working language for projects and activities under the auspices of this MOU will be English.

Section 11
Modifications, amendments
and disputes

1. The Participants will enter into consultations and, when necessary, review the MOU on the request of one or both Participant(s).
2. This MOU may be modified and amended at any time by mutual agreement in writing between the Participants.
3. Any dispute regarding the interpretation or application of this MOU will be resolved through negotiations between the Participants at the lowest possible level and will not be referred to any national or international tribunal or other third party for settlement.

Section 12
Entry into effect, termination
and withdrawal

1. This MOU is concluded for an unlimited period of time and will enter into effect upon the date of the last signature.
2. The Participants may terminate this MOU at any time by mutual written agreement.
3. Each Participant can withdraw from the MOU by giving three (3) months prior written notice to the other Participant.
4. If the MOU is terminated, or if any of the Participants withdraw from the MOU, the Participants will initiate negotiations to settle

all outstanding mutual financial obligations, claims, disputes and security issues in accordance with this MOU. All classified information exchanged or generated under this MOU will continue to be protected in the event of termination or withdrawal.

Signed in two originals, both drawn up in the English language, one for each Participant.

For the Ministry For the Ministry
of Defence of Defence
of the Republic of the Kingdom
of Latvia of Norway

Date Date

of signature of signature
11.12.03. 08.01.04.