Memorandum of Understanding between the Government of the Republic of Latvia and the Government of the Kingdom of Sweden concerning the training of Latvian Military Personnel (BALTBAT) in Sweden

In the spirit of the Memorandum of Understanding between Denmark, Finland, Norway, Sweden, the United Kingdom of Great Britain and Northern Ireland, Estonia, Latvia and Lithuania signed in Copenhagen on 11 September 1994 and in order to support the establishment and training of a Baltic Peacekeeping Battalion, the following Memorandum of Understanding (MOU) has been concluded:

Section 1

GENERAL

1. In order to assist in the development of a training programme for Latvian personnel belonging to BALTBAT, Swedish Armed Forces will conduct training of Latvian personnel in Sweden.

2. The purpose of this MOU is to lay down the conditions for the training of Latvian personnel.

Section 2

DEFINITIONS

In this MOU the following definitions apply:

1. “Contracting Parties” means the Government of Latvia and the Government of Sweden.

2. “Visiting personnel” means the Latvian military personnel while in Sweden.

Section 3

CONSTRAINTS

The intention of the parties is not to ignore national legislation and international agreements of the Republic of Latvia and the Kingdom of Sweden. Should differences occur, national legislation and international agreements will prevail.

Section 4

COMMAND

The visiting personnel shall, while in Sweden, observe any rules, regulations and instructions given by the Swedish military authorities. The Swedish commanding Officer of the training programme (the Swedish Commanding Officer) shall exercise “operational command” over the visiting personnel.

Section 5

TERMS OF STAY

1. National rules concerning entering the territory and temporary stay in Sweden must be obeyed by the visiting personnel.

2. It is the duty of the Latvian Armed Forces, in accordance with established diplomatic procedures , to apply for visa for the visiting personnel.

Section 6

REPATRIATION

1. Latvia will take measures for the repatriation of the visiting personnel if:

a. the personnel leaves the employment of the Latvian Armed Forces.

b. Sweden else request it.

Section 7

DRIVER'S LICENCE

Sweden accepts as valid, without a driving test or fee, the driving permit or licence issued by Latvia a sub-division thereof.

Section 8

CARRYING OF WEAPONS

1. The visiting personnel will not bring with them any kind of issued or organic weaponry or parts hereof, explosive ordnance, ammunition or parts hereof.

2. The visiting personnel will only carry and use weapons and ammunition on the condition they are authorised to do so by the Swedish liaison-officer, the Swedish weapons instructors or safety officers.

Section 9

DRESS CODE

The visiting military personnel shall wear Latvian uniforms or Swedish uniforms with insignia of Latvia after agreement between the Latvian Armed Forces and the Swedish Armed Forces. The wearing of civilian clothes will be subject to arrangements between the Latvian Commanding Officer and the Swedish Commanding Officer.

Section 10

CODE OF CONDUCT

It is the duty of the visiting personnel to respect the law of Sweden and to abstain from any activity inconsistent with the spirit of this MOU. It is also the duty of the Latvian Armed Forces to take necessary measures to that end.

Section 11

CRIMINAL JURISDICTION

1. Sweden will have criminal jurisdiction over the visiting personnel.

2. Latvian military authorities are allowed to take appropriate measures to maintain order and security within the force, after hearing the Swedish Commanding Officer.

Section 12

CLAIMS

If not otherwise agreed, the Parties will waive all claims against each other for loss or damage to their property or death or injury of their personnel, arising out of the execution of duties in connection with the Training Programme, unless caused by gross negligence or intention. Sweden will answer to and settle claims from third person for loss or damage to property or death or injury of personnel caused by the visiting personnel.

Section 13

CUSTOMS AND TAXES

1. No visiting personnel shall enjoy any exemption from taxes or duties relating to purchases and services chargeable under the Swedish fiscal regulations.

2. All personnel shall be subject to the laws and regulations administered by the Swedish customs authorities. In particular the Swedish customs authorities shall have the right under the general conditions laid down by the laws and regulations of Sweden, to search the visiting personnel and to examine their luggage, and to size articles pursuant to such laws and regulations.

3. Goods purchased in Sweden shall be exported there from only in accordance with the regulations in force in Sweden.

Section 14

MEDICAL AND DENTAL CARE

1. The Latvian personnel shall receive necessary emergency medical and dental care while in Sweden.

2. Upon termination of treatment, if the patient consents, originals or copies of all clinical records prepared during outpatient or inpatient treatment will be forwarded as medical records to the Latvian authorities. If a written consent by the patient cannot be obtained, the medical information will be filed by the national authorities of Sweden in accordance with the law of this State.

3. The Latvian authorities will at all times be allowed to carry out medical evacuation of the visiting personnel. Medical evacuation will be co-ordinated between the Swedish and the Latvian authorities.

Section 15

COST SHARING

The costs in connection with the Training Programme, shall be shared among the Parties in accordance with the provisions below:

1. The Swedish Armed Forces shall provide 40 SEK in daily allowance for each soldier and interpreter.

2. The Latvian Armed Forces shall, if request, support the training in Sweden with interpreters, who are capable of translating form the English language to the Latvian language.

3. The Swedish Armed Forces shall provide food, accommodation and training facilities during the training in Sweden.

4. The Swedish Armed Forces shall provide transportation of the Latvian personnel to and from Sweden and during the training in Sweden.

5. The Swedish Armed Forces shall make available equipment as well as fuel, necessary for the training of the Latvian personnel in Sweden.

6. Latvia will refund Sweden for costs arising out of claims from third persons, if caused by gross negligence or intention by the visiting personnel.

Section 16

NUMBER OF PERSONNEL

1. The number of personnel will be agreed between the Latvian Armed Forces and the Swedish Armed Forces.

Section 17

TRAINING PROGRAMME

The training will be conducted in Sweden in the period from February to September 1997.

Section 18

FINAL PROVISIONS

1. This MOU will come into effect on the day of its signature.

2. This MOU will remain in effect until the agreed training has been completed.

3. This MOU may be amended at any time by unanimous decision of the contracting Parties. Amendments are to be done in writing.

4. This MOU may be terminated at any time by unanimous decision of the contracting Parties: it may also be terminated by 1 (one) month's written notice of withdrawal by either of the contracting Parties.

5. This MOU is done in two originals in the English language. If differences of opinion are identified, the contracting Parties will enter into consultations.

Date of signature: February 28, 1997

For the Government of For the Government of

the Republic of Latvia the Kingdom of Sweden