Memorandum of Understanding between the Ministry of Defence of the Republic of Latvia and the Defence Geographic and Imagery Intelligence Agency of the Ministry of Defence of the United Kingdom of Great Britain and Northern Ireland concerning Mapping/survey Co–operation and the Exchange of Geographic Materials
1. Introduction
The Ministry of Defence of the Republic of Latvia and the Defence Geographic and Imagery Intelligence Agency of the Ministry of Defence of the United Kingdom of Great Britain and Northern Ireland, hereinafter referred to as the Participants, recognising the need for mutual co–operation in mapping, aeronautical charting, geodesy and related geographic matters (with the exception of hydrographic matters), have reached the understandings recorded in this document.
2. Purpose
The purpose of this Memorandum of Understanding (MOU) is to further co–operation between both Participants in these matters and is in support of the Memorandum of Understanding on Defence Contacts and Co–operation between the Ministry of Defence of the Republic of Latvia and the Ministry of Defence of the United Kingdom of Great Britain and Northern Ireland signed on 4th October 1994.
3. Scope
In general, provision is made for the supply and/or exchange of unclassified information published by each Participant as follows:
a. maps and aeronautical charts;
b. digital geographic data;
c. technical documents and information on technological developments;
d. catalogues;
e. training.
4. MOU Annexes
The geographic materials to be exchanged are defined in Annexes A and B, which also include transmittal details and addresses. The contents of these Annexes may be revised at any time as mutually determined by the Participants.
5. Mutual Responsibilities
5.1. Subject to paragraph 5.2 below, exchanged materials are to be used by the receiving Participant, for that Participant’s Defence use only and are not to be made available to third parties without prior written consent of the supplying Participant. Defence use is defined as use in any part of the world by or for the Armed Forces and Ministry of Defence of either Participant, but not including sales or transfers to third parties.
5.2. Products and Materials exchanged under this MOU will normally carry a copyright marking and, where applicable, handling notes (notes printed on the map(s), or supplied with the map(s), that impose limitations on the use of the map(s)). Each Participant will handle and use the exchanged products and materials in accordance with the copyright and release restrictions for the mapping, charting and geodetic products and materials provided by the other Participant. Copying of these materials is only permitted with the permission of the supplying Participant and any existing copyright and handling notes must appear on the reproduced material. The receiving Participant will also adhere to any specific guidance of the supplying Participant stipulated at the time of transmittal.
5.3. The exchange of materials will be as comprehensive as possible, except where reasons of national security or the rights of third parties prevent this.
5.4. The exchanges of materials detailed in Annexes A and B will, as a rule, be made free of charge; exceptions to this rule are stated in these Annexes.
5.5. Delivery costs will be borne by the supplying Participant.
6. Accounting
6.1. The exchanges of materials made on a routine basis will be made free of charge. Additional stocks of maps and charts (and digital data) supplied on request (marked accountable at Annexes A and B) will be supplied at the run–on cost of printing, assessed in terms of the Standard Map Unit (SMU), based on the standard (56x75cm) topographic map in five colours, as follows:
Large format charts — Series ONC, TPC and Aeronautical charts of 3 SMUs;
Small format maps and charts — Series 1501/1501Air, topographic maps at scales 1:250,000 and 1:50,000, and military city maps — 1 SMU;
Digital geographic data will be supplied at the cost of copying/materials (assessed in terms of the SMU).
6.2. The monetary value assigned to the SMU will be reviewed and determined annually by the Ministry of Defence of the Republic of Latvia and DGIA. An account of materials exchanged on request will be maintained by both Participants and approved annually (in SMUs) at the end of the calendar year, with any imbalance in the exchange converted into cash terms and settled within the next calendar year, provided that the imbalance exceeds £1,000. Imbalances of less than £1,000 will be carried over to the next calendar year as a value expressed in SMUs.
7. Claims and Liability
7.1. Each Participant waives any claim it may have against the other Participant or any service personnel, servant or agent of the other Participant for injury (including injury resulting in death) suffered by its service personnel, servants or agents or for damage to or loss of property owned by it, if such injury, death, damage or loss was caused by the acts or omissions of the other Participant or any such service personnel, servant or agent of that other Participant in the performance of official duties in connection with this MOU.
7.2. The receiving Participant will deal with and settle, in accordance with its laws, at its own cost any third party claims arising from the acts or omissions of the supplying Participant or any such service personnel, servant or agent of the supplying Participant which results in injury, death, loss or damage done in the performance of official duties in connection with this MOU.
7.3. In the event that a third party makes a claim for infringement of their Intellectual Property Rights against the receiving Participant in relation to Information exchanged under this MOU, the supplying Participant will be liable for paying all the reasonable costs of settling the claim unless the claim results from a disclosure or use of the information by the receiving Participant in breach of this MOU. In all cases the receiving Participant will be responsible for settling the claim in the most economical way.
8. Amendments
This MOU may be amended at any time, with the mutual written consent of the Participants.
9. Disputes
Any dispute regarding the interpretation or application of this MOU will be resolved by consultation between the Participants and will not be referred to any national or international tribunal or third party for settlement.
10. Effective Date, Duration and Termination
This MOU becomes effective upon the date of the last signature and will remain in operation for a period of ten years, unless terminated sooner by mutual consent or by either Participant giving the other one year’s written notice of termination. In the event of termination each Participant will continue to comply with all the restrictions pertaining to the disclosure and use of the materials supplied by the other Participant until advised that these restrictions are no longer applicable. The duration of this MOU may also be extended by mutual consent of the Participants, in writing.
The foregoing represents the understandings reached between the Ministry of Defence of the Republic of Latvia and the Defence Geographic and Imagery Intelligence Agency of the Ministry of Defence of the United Kingdom of Great Britain and Northern Ireland upon the matters referred to therein.
The MOU signed in two originals only in English language.
For the Ministry |
For the Defence |
of Defence of the |
Geographic and |
Republic of Latvia |
Imagery Intelligence |
Agency of the |
|
Ministry of Defence |
|
of the United Kingdom |
|
of Great Britain and |
|
Northern Ireland |
|
State Secretary |
Chief Executive, |
Defence Geographic |
|
and Imagery |
|
Intelligence Agency |
|
Place: Riga |
Place: Feltham |
Date: March 11, 2004 |
Date: March 3, 2004 |
Annex A
Supply of Geographic Materials and Information from the Defence Geographic & Imagery Intelligence Agency of the Ministry of Defence of the United Kingdom of Great Britain and Northern Ireland to the Ministry of Defence of the Republic of Latvia
1. Routine Distribution of Maps and Aeronautical Charts (non–accountable)
1.1. DGIA will supply, on publication and free of charge:
a. 4 reference copies of sheets in the following series published by DGIA over Europe
1106 |
World Series |
1 : 5 000 000 |
ONC |
Operational |
1 : 1 000 000 |
Navigation Chart |
||
TPC |
Tactical Pilotage Chart |
1 : 500 000 |
1404 |
Europe and the Middle |
1 : 500 000 |
East Topographic Series |
b. One copy of relevant indexes from the softcopy MOD (UK) Map Catalogue, with amendments, when available (this catalogue is currently under development);
c. MOD (UK) Map Library, Defence Geographic Centre (DGC) Library Information Centre and DGC Digital Products Library releasable accessions lists.
1.2. On implementation, DGIA will also supply, free of charge:
Examples of Ordnance Survey maps of Great Britain.
2. Supply of Other Geographic Materials, Information and Services on Request (accountable)
2.1. Digital Data. DGIA will supply one copy of any digital raster data based on the series listed at paragraph 1.1 (above); such data to be provided at the cost of copying and/or materials used. Other digital data costs will be negotiated on a case by case basis. All digital data will be subject to availability and any United Kingdom (UK) national security or third party restrictions and subject to the following conditions on use:
a. Data is for Latvian Defence use only;
b. Data may not be released to third parties without prior written consent;
c. Once copied to users (by the Ministry of Defence of the Republic of Latvia), further copying of data is restricted to interim back–up only.
2.2. Support to UN Operations. DGIA will supply one copy of any DGIA–produced, or acquired geographic material where required to assist the National Armed Forces of the Republic of Latvia in support of UN or other multi–national contingency planning or operations. If required, DGIA will provide further copies of maps for planning in support of operations. Normal costs will apply for these additional copies. Digital data will be supplied at cost detailed in paragraph 2.1. Release in all cases is subject to any UK national, third party or copyright restrictions. Where both nations are engaged in production to support such operations, they will cooperate to prevent unnecessary duplication. Use of such data will be limited to the National Armed Forces of the Republic of Latvia support of UN or other multi–national contingency planning or operations and any digital data will be subject to the additional use provisions detailed in paragraph 2.1 a to c.
2.3. Training. Subject to the availability of places and suitable funding being arranged, DGIA will consider requests for suitably qualified officers to attend the Army Survey Course at the Royal School of Military Survey. Requests for other training, either in UK or Latvia, will be considered on a case–by–case basis.
2.4. Visits. DGIA will consider requests from the Ministry of Defence of the Republic of Latvia for visits to DGIA units for the purpose of technical cooperation.
2.5. Contacts. DGIA will endeavour to put the Ministry of Defence of the Republic of Latvia in touch with any UK commercial and Government organisations with whom it may wish to deal.
2.6. Geodetic Positioning. The services of DGIA may be requested for the purpose of geodetic positioning within Latvia. These services will be free of charge provided that copies of the resulting data may be retained by DGIA. Logistical support for such activities and responsibility for associated costs will be negotiated on a case–by–case basis.
2.7. General Support. Requests for the supply of other geographic materials and information produced or held by DGIA, including access to the MOD (UK) Map Library, DGC Library Information Centre and DGC Digital Products Library, will be considered on a case–by–case basis. Charges may be raised in such cases where this supply causes an imbalance in the overall exchange between the Participants.
2.8. Such requests and all other correspondence related to this MOU are to be addressed to:
Defence Geographic and Imagery Intelligence Agency
Defence Geographic Centre
MacLeod Building, Elmwood Avenue
Feltham,
Middlesex, TW13 7AH
United Kingdom
Tel.: (+44) 20 8818 3112
Fax: (+ 44) 20 8818 3130
3. Dispatch of Materials
Materials supplied by DGIA to Ministry of Defence are to be addressed as follows:
Defence Section
British Embassy
Alunana iela 5
RIGA
LV 1010
Latvia
and marked for onwards transmission to:
Ministry of Defence of the Republic of Latvia
Kr. Valdemāra str 10/12
RIGA
LV 1473
Latvia
Tel.: (+371) 7335184 / 7339974
Fax: (+371) 7212307
Annex B
Supply of Geographic Materials and Information from the Ministry of Defence of the Republic of Latvia to the Defence Geographic & Imagery Intelligence Agency of the Ministry of Defence of the United Kingdom of Great Britain and Northern Ireland
1. Supply of Maps and Charts
(non–accountable)
The Ministry of Defence of the Republic of Latvia will supply, on publication and free of charge:
a. Four reference copies (except where indicated otherwise) produced by the State Land Service on behalf of the Ministry of Defence of the Republic of Latvia:
1 : 25 000 |
Military Topographic |
(when |
Map of Latvia |
produced) |
|
(2 copies) |
||
1 : 50 000 |
Military Topographic |
|
Map of Latvia |
||
1 : 100 000 |
Military Topographic |
(if |
Map of Latvia |
produced) |
|
1 : 250 000 |
Joint Operations |
|
Graphic (Air and |
||
Ground) |
||
1 : 500 000 |
Military Aeronautical |
(if |
Chart of Latvia |
produced) |
b. One copy of the Ministry of Defence of the Republic of Latvia Map & Aeronautical Chart Catalogue and the Ministry of Defence of the Republic of Latvia Digital Products Catalogue with amendments, when available.
2. Supply of Other Geographic Materials, Information and Services on Request (accountable)
2.1. Digital Data. The Ministry of Defence of the Republic of Latvia will supply one copy of any raster data based on the series listed at paragraph 1 (above): such data to be provided at the cost of copying and/or materials used. Other digital data costs will be negotiated on a case by case basis. All digital data will be subject to availability and any Latvian national security or third party restrictions and subject to the following conditions on use:
a. Data is for United Kingdom (UK) Defence use only;
b. Data may not be released to third parties without prior written consent;
c. DGIA may copy the data for UK Defence use. Further copying of the data by recipients is restricted to interim back–up only.
2.2. Support to UN Operations. The Ministry of Defence of the Republic of Latvia will supply one copy of any Ministry of Defence–produced or acquired geographic material where required to assist UK Defence Forces in support of UN or other multi–national contingency planning or operations. If required the Geographic Information Service will provide further copies of maps for planning in support of operations. Normal costs will apply for these additional copies. Digital data will be supplied at cost detailed in paragraph 2.1. Release in all cases is subject to any Latvian national, third party or copyright restrictions. Where both nations are engaged in production to support such operations, both will co–operate to prevent unnecessary duplication. Use of such data will be limited to UK Armed Forces’ support of UN or other multi–national contingency planning or operations and any digital data will be subject to the additional use provisions detailed in paragraph 2.1 a to c.
2.3. General Support. Requests for the supply of other geographic materials / information produced or held by the Ministry of Defence of the Republic of Latvia, including access to the Geographic Information Service’s library reference copies, will be considered on a case–by–case basis. Charges may be raised in such cases where this supply causes an imbalance in the overall exchange between the Participants.
2.4. Such requests and all other correspondence related to this MOU are to be addressed to:
Ministry of Defence of the Republic of Latvia
Kr. Valdemāra str 10/12
RIGA
LV 1473
Latvia
Tel.: +371 733 5184 / 7339974
Fax: +371 7212307
3. Dispatch of Materials
Materials supplied by the Ministry of Defence to DGIA are to be addressed as follows:
Defence Section
British Embassy
Alunana iela 5
RIGA
LV 1010
Latvia
and marked for onwards transmission to:
Defence Geographic and Imagery Intelligence Agency
Defence Geographic Centre
MacLeod Building, Elmwood Avenue
Feltham,
Middlesex, TW13 7AH
United Kingdom
Tel.: (+44) 20 8818 3112
Fax: (+ 44) 20 8818 3130