Memorandum of Understanding between the Chief of Defence of the Republic of Estonia, the Ministry of Defence of the Republic of Latvia, the Armed Forces of the Republic of Lithuania and Defence Command Denmark regarding the Pre-mission Training in Respective Baltic States and Mission Preparation Training in Denmark and the Deployment as Part of the Multinational Stabilisation Force in Bosnia–Herzegovina (SFOR) of three Baltic Scout Squadrons (BALTSQN 4–6)

Section 1

GENERAL

1. Following the decision to achieve continued Baltic participation in NATO Multinational Stabilisation Force (SFOR) in Bosnia-Herzegovina, the following Memorandum of Understanding (MOU) is concluded, setting out the conditions in accordance with which the pre-mission training, mission preparation training, rotational deployment, employment and re-deployment of three Baltic Scout Squadrons within the Danish contingent in SFOR will be carried out.

2. The exact dates of training and deployment will be co-ordinated through appointed military authorities of the Participants.

3. The prospects for assistance from other sources are acknowledged. Such assistance will be considered and co-ordinated by the Participants within the established co-operation.

Section 2

DEFINITIONS AND ABBREVIATIONS

In this MOU the following definitions and abbreviations apply:

1. “Area of Operation” means the territory of Bosnia-Herzegovina, in which Nordic-Polish Battle Group/SFOR (NPBG/SFOR) is stationed and/or employed.

2. “Army Operational Command, Denmark (AOCDEN)” means the military authority in Denmark, which co-ordinates and conducts the training and deployment of BALTSQN 4 - 6 on behalf of the Chief of Defence, Denmark.

3. “BALTSQN 4 - 6” means the three Baltic contingents, manned, equipped and trained in accordance with this MOU, which will undertake training in accordance with the present MOU in order to deploy on a rotational basis to Bosnia-Herzegovina as an integrated part of DANCON/NPBG/SFOR.

4. CG/AOCDEN means The Commanding General of Army Operational Command, Denmark.

5. “Chief of Defence” means the Chief of Defence, Denmark, the Chief of Defence of the Republic of Estonia, Chief of Defence of the Republic of Latvia and the Commander of Armed Forces of the Republic of Lithuania.

6. “DANCON” means the Danish Contingent, stationed in SFOR theatre of operation in Bosnia-Herzegovina as an integrated part of the NPBG/SFOR.

7. ”DKK” means Danish kroner.

8. “Full Command” means the military authority and responsibility of a superior officer to issue orders to subordinates. It covers every aspect of military operations and administration and exists only within national services.

9. Host Nation Support: For the purpose of pre-mission training, “Host Nation” is the Baltic Participant that receives forces of the Sending Nation. For the purposes of mission preparation training and deployment to SFOR Host Nation is the Danish Participant.

10. Sending Nation is the Participant who enters a Host Nation.

11. “Military authorities” means those authorities that are empowered by law to enforce military regulations with respect to the members of the armed forces.

12. “Operational Command” means the military authority granted to a commander to assign missions or tasks to subordinate commanders, to deploy units, to reassign forces, and to retain or delegate operational and/or tactical control as may be deemed necessary. It does not (of itself) include responsibility for administration or logistics.

13. “Operational Control” means the military authority granted to a commander to direct forces assigned so that the commander may accomplish specific missions or tasks which are usually limited by function, time or location; to deploy units concerned, and to retain or assign tactical control of those units. It does not include authority to assign separate employment of components of the units concerned. Neither does it (of itself) include administrative or logistic control.

14. “TO&E means Table of Organisation and Equipment.

15. “Participants” means the Chief of Defence of the Republic of Estonia, the Ministry of Defence of the Republic of Latvia and the Armed Forces of the Republic of Lithuania, hereinafter referred to as the Baltic Participants, and the Chief of Defence, Denmark.

16. “Senior National Representatives” mean the members of BALTSQN 4 - 6 who have been appointed by the respective chiefs of defence to represent the national Baltic authorities in the Area of Operation.

17. “SFOR” means the NATO Stabilisation Force in Bosnia-Herzegovina.

18. Training includes basic training, pre-mission training and mission preparation training.

Basic training means all skills necessary for the individual soldier’s participation in a mission abroad.

Pre-mission training means the specific training in the Baltic States.

Mission preparation training means the training in Denmark.

The contents of pre-mission training and mission preparation training will be co-ordinated between the Danish Training Team and the respective units of the Baltic Participants.

Section 3

CONSTRAINTS

The provisions of this MOU do not intend to conflict with national legislation of the Participants and with international law. If conflicts arise the interested nations and authorities will be notified and international law, the current international agreements or national legislation of the Participants will prevail.

Section 4

LANGUAGE

The English language is the working language of the training and co-operation while deployed.

Section 5

REPORTING OF CONTRIBUTIONS

The Baltic Participants are responsible for the proper reporting of their respective contribution to NATO, in accordance with the Participation Agreement in force between NATO and Estonia, Latvia and Lithuania, respectively.

Section 6

COMMAND AND CONTROL

1. The command and control during the mission preparation training remain with the national authorities of the respective Participants. The relationship between the Participants will be co-operation.

2. During the deployment and the stay in the Area of Operation, “Full Command” will remain with the national authorities of the respective Participants.

The Baltic Participants will delegate “Operational Control” over all units and elements in BALTSQN 4 - 6 to SACEUR, who will delegate “Operational Control” through the NATO-chain of command to the Commanding Officer/NPBG.

During the stay in the Area of Operation the Commanding General of Army Operational Command, Denmark (CG/AOCDEN) will exercise “Operational Command” over all units and elements in BALTSQN 4 - 6. CG/AOCDEN authority in this respect is extended to include logistic and administrative support and responsibilities as agreed in section 10.

3. Each of the Baltic Participants will appoint and instruct a Senior National Representative among their personnel contribution to BALTSQN 4 - 6. The Senior National Representative will be responsible for all national matters related to deployed BALTSQN 4 - 6 on behalf of the respective Chiefs of Defence.

Section 7

ORGANISATION, PRECONDITIONS AND EQUIPMENT

1. BALTSQN 4 - 6 will be organised, manned and equipped as set out in the TO&E as outlined below. The detailed TO&E for BALTSQN 4 - 6 will be provided by AOCDEN not later than three months in advance of the start of pre-mission training in respective Baltic states. The TO&E will be based on the operational needs and the equipment available in Area of Operations. The TO&E will inter alia specify the required number of personnel (functions according to TO&E) with drivers licenses. A number of additional soldiers (reserves) for replacement will be trained. The TO&E and the exact number of reserves will be agreed upon by the Participants not later than one month in advance of the pre-mission training. The Participants can agree upon adjustments in the manning of BALTSQN 4 - 6 on a case-by-case basis. Provisionally TO&E are attached.

2. BALTSQN 4 - 6 will consist of the following elements:

a. A national Scout Squadron (D-SQN), comprised of three light Recce Platoons and one HQ Platoon, in accordance with TO&E not exceeding 100 soldiers including reserves.

b. A logistic National Support Element (NSE). NSE is established by the same nation establishing D-SQN. NSE is not to exceed 10 persons, one being medical officer.

c. A Military Police Element (MP-ELM). MP-ELM is established by the same nation establishing D-SQN. MP-ELM comprises of 3 persons.

d. A trilateral Staff Element (STAFF-ELM). The STAFF-ELM comprises of 2 – 3 persons from each Baltic Participant according to TO&E.

3. The following rotation of manning is envisaged:

a. BALTSQN 4: Estonia mans D-SQN, NSE, and MP-ELM (AUG 2001 – FEB 2002.

b. BALTSQN 5: Lithuania mans D-SQN, NSE, and MP-ELM (FEB 2002 – AUG 2002.

c. BALTSQN 6: Latvia mans D-SQN, NSE, and MP-ELM (AUG 2002 – FEB 2003).

4. The personnel in BALTSQN 4 - 6 during deployment unless otherwise agreed will be appointed only among personnel who have participated in the pre-mission training and mission preparation training.

Three month in advance of the pre-mission training, AOCDEN will provide information on the required starting standards related to the individual positions mentioned in the TO&E.

Section 8

TRAINING PROGRAMME

1. Pre-mission training is conducted in the home country by the Baltic Participant manning the D-SQN, NSE, and MP-ELM. In order to secure continuity in the training, Danish advisors can be made available upon request in support of the pre-mission training.

2. The Danish Armed Forces will provide mission preparation training of BALTSQN 4 - 6.

The pre-mission training and mission preparation training will be conducted on the basis of a national training directive as well as a training directive issued by the Commander/NPBG/SFOR. The NPBG/SFOR training directive and changes thereto, will be made available to the Baltic Participants.

3. The duration of the training is as follows:

a. Pre-mission training of D-SQN in the Baltic state concerned: 2 – 3 months.

b. Mission preparation training in Denmark: Approximately 4 weeks.

4. The Participants will co-ordinate the exact time schedule for the training at least three months in advance of the pre-mission training. The co-ordination will reflect the need for BALTSQN 4 - 6 to participate in training activities of NPBG/SFOR staff.

Section 9

MEDICAL AND DENTAL CARE

1. The Baltic Participants will enhance efforts within physical and dental examination and care, before sending the personnel to Denmark for mission preparation training. All required vaccinations are to be completed before sending the personnel to Denmark for mission preparation training. AOCDEN will forward information on required vaccinations to the Baltic Participant in advance of the mission preparation training.

2. The Baltic Participants will forward forensic dentistry information (including dental X-ray documentation) to AOCDEN before deployment of personnel to SFOR. The information will be transferred to NPBG/SFOR by AOCDEN.

3. Medical and dental care in Denmark and during deployment will be provided as specified in Section 10.

4. Upon termination of treatment and following a written consent by the patient, originals or copies of all clinical records prepared during outpatient or inpatient treatment will be forwarded as medical records to the respective national authorities. In case written consent is not obtained, clinical records prepared during outpatient or inpatient treatment will be handled and filed by the national authorities of Denmark in accordance with the legislation of this State. All medical information on individuals will be returned to the Baltic Participants when BALTSQN 4 - 6 are redeployed.

5. The Medical personnel of BALTSQN 4 - 6 will serve together with the Danish personnel in the Medical Platoon/NPBG/SFOR. They will participate in the mission preparation training and assist in carrying out medical care. The medical officers will bring their original authorisation as physicians and curriculum vitae and a confirmed English or Danish translation thereof to Denmark.

Section 10

LOGISTIC, ADMINISTRATIVE SUPPORT AND COST SHARING

1. Services will be rendered or provided in support of BALTSQN 4 - 6, and financed, as set out below.

2. GENERAL:

a. Salaries and allowances: The Baltic Participants, respectively, will cover the costs and manage the payments of salaries and allowances to BALTSQN 4 - 6 personnel.

b. Equipment: The Baltic Participants will equip and re-equip their respective personnel with uniforms, personal equipment, including fragmentation jackets, and rifles (type of rifles are the Participants own decision) according to the TO&E for BALTSQN 4 - 6. This includes the responsibility to provide the required spare load of equipment for storage in Denmark during the mission preparation training and during the deployment.

Denmark will provide all other equipment required for the pre-mission training, mission preparation training and for the deployment to the Area of Operation.

Ammunition is to be provided as set out below.

Denmark will provide a list of requirement for personal equipment and ammunition for pre-mission training and mission preparation training 3 months in advance.

c. Counting and controlling: The Baltic Participant manning the D-SQN, NSE, and MP-ELM is responsible for counting and controlling the personal equipment prior to both departure for mission preparation training k and deployment to SFOR.

d. Transportation: Transportation of BALTSQN 4 - 6 (including equipment and ammunition etc.) to and from Denmark and to and from the Area of Operations will be arranged and paid by the Baltic Participants respectively. Costs related to leave (including leave due to unexpected circumstances), is a responsibility of the Baltic Participant, by whom the BALTSQN 4 - 6 personnel are employed. The Baltic Participants, respectively, will cover the costs of transport related to repatriation from Denmark, and costs related to repatriation of any member of BALTSQN 4 - 6 from the Area of Operation, or otherwise disposing of him/her in accordance with section 12.

Transportation of personnel between point of debarkation (Zagreb, Sarajevo, Tuzla and Budapest) and the Area of Operation will be provided and is free of charge.

e. Medical evacuation (MEDEVAC): The Baltic Participants will at all times be allowed to carry out MEDEVAC of their personnel. MEDEVAC will be co-ordinated between the Participants involved, i.e. co-ordination between Senior Medical Officer/NPBG/SFOR, the national medical officer if any and the relevant Senior National Representative prior to decision on

MEDEVAC. Costs related to MEDEVAC will be borne by the Baltic Participant requesting the evacuation.

f. Insurance: Insurance of the BALTSQN 4 - 6 personnel is a responsibility of the Baltic Participant, by whom the personnel is employed.

g. Petroleum, Oil, Lubricants (POL): To be provided by Host Nation free of charge according to national regulations.

h. Laundry service: To be provided by Host Nation free of charge.

i. Access to welfare facilities, mail service etc.: Personnel are granted access to welfare facilities, messes etc. and are invited to use mail services and other equivalent service established for the welfare of the Host Nation personnel. The costs are the same prices as charged from Host Nation personnel.

j. Accommodation and provisioning: During pre-mission training Host Nation provides accommodation free of charge for Danish advisors.

The Danish Armed Forces will provide accommodation for and provisioning of BALTSQN 4 - 6 personnel on a reimbursement basis during mission preparation training and employment in AOR. Reimbursement will be calculated as this: 50.00 Danish kroner (DKK) pr. day pr. numbers of personnel according to the TO&E during mission preparation training and during employment in AOR.

Claims for reimbursement will be submitted to the authorities of the Baltic Participants, respectively, not later than 6 (six) months after the end of the deployment of a Baltic contingent.

k. Other services: Upon request of a Participant other service can be rendered, subject to reimbursement.

3. During pre-mission and mission preparation training, the following additional responsibilities apply:

a. Ammunition: The Baltic Participants will provide the ammunition for rifles for shooting training. AOCDEN will inform the Baltic Participants on the required amount of ammunition three month in advance of the training. The transport of ammunition to Denmark is a responsibility of the Baltic Participants.

b. Medical and dental care: During the mission preparation training acute medical and dental care, to the extent it can be rendered by the Host Nation, including admission to a military infirmary free of charge. Medical and dental care outside the services will be rendered by the Host Nation and will only be initiated on request from the Participant, by whom the patient is employed. In case of medical or dental emergencies where either the Senior National Representative or the Host Nations authorities deem acute treatment necessary, treatment will be initiated immediately, and the

Participant, by whom the patient is employed, will be informed without delay. Payments for medical and/or dental care rendered by civilian hospitals or by civilian doctors or dentists will be covered by the Participant, by whom the patient is employed.

c. Equipment: The Host Nation will make the necessary equipment available for the training of BALTSQN 4 - 6 free of charge. The Baltic Participants will equip BALTSQN 4 - 6 with personal equipment, including uniforms and rifles in accordance with the TO&E.

d. Training facilities: The Host Nation will provide training facilities free of charge.

4. During deployment to SFOR the following additional responsibilities apply:

a. Ammunition: The Baltic Participants provide the ammunition for rifles for shooting training in the Area of Operation, and will provide the basic load and the spare load of ammunition required in the Area of Operation according to the operational needs in SFOR. AOCDEN will inform the Baltic Participants on the required number of rounds three month in advance of the deployment. The transport of ammunition for rifles to the Area of Operation is a responsibility of the Baltic Participants.

b. Medical and dental care: BALTSQN 4 - 6 personnel will receive medical and dental care, including military hospitalisation and transportation, under the same conditions as Danish personnel. In case of medical or dental emergencies where either the Senior National Representative or the Danish Armed Forces deem acute treatment necessary, treatment will be initiated immediately, and the Baltic participant, by whom the patient is employed, will be informed without delay. Medical and dental care that is not acute will only be initiated on request from the Baltic Participant, by whom the patient is employed. Payments for medical and/or dental care rendered, including transport to hospitals or equivalent, will be covered by the Baltic Participant, by whom the patient is employed.

c. Communications and information: DANCON/NPBG will make means of communication available to BALTSQN 4 - 6. The Commander of D-SQN will - in co-operation with the Senior National Representatives - forward situation reports as laid down in his instruction, and, on a weekly basis, to AOCDEN. In case of emergencies, DANCON/NPBG or BALTSQN 4 - 6 will immediately inform the authorities of the Baltic Participants and keep them informed until the state of emergency has ended. The Point of Contact within the Baltic Participants will be set out in the instruction for the Senior National Representatives.

The Baltic Participants can bring means for national communication in accordance with national decisions.

Section 11

CODE OF CONDUCT AND TERMS OF STAY DURING TRAINING

1. It is the duty of the BALTSQN 4 - 6 personnel and Danish Training Team to respect the Host Nation legislation, and to abstain from any activity inconsistent with the spirit of this MOU.

2. 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 (PfP-SOFA) will govern the relationship between the Participants as for status of their forces while in Denmark.

3. When in territory of either Denmark, Estonia, Latvia or Lithuania for the purposes of this MOU the PfP-SOFA will be applicable to the status of the Sending Nations.

4. a. Entering and temporary stay in Denmark, Estonia, Latvia and Lithuania:

It is the duty of the Participants, in accordance with established diplomatic procedures, to apply for military diplomatic clearance for the personnel to enter military establishments, to wear uniforms etc. The Host Nation will assist in this matter.

b. Wearing of uniform:

(1) The military personnel will normally wear uniform. The uniforms will be marked with the national flag and the name of the country in English (“ESTONIA”/”LATVIA”/ ”LITHUANIA”).

(2) Insignias will be worn in accordance with the national regulations.

c. Driving:

The BALTSQN 4 - 6 personnel may only drive Danish military vehicles after having received training on the specific type of vehicle according to Danish military regulations and according to Danish safety regulations.

d. Repatriation:

The respective authorities of the Baltic Participants retain the right to repatriate the BALTSQN 4 - 6 personnel from any stage of the training, and may forward to AOCDEN requests to repatriate Danish Training Team who act in violation of Host Nation legislation and military regulations during pre-mission training.

CG/AOCDEN may forward to the Baltic national military authorities requests to repatriate any member of BALTSQN 4 - 6, who acts in discordance with the Danish legislation and military regulations during the mission preparation training in Denmark.

e. Carrying and use of weapons and ammunition:

During mission preparation training, BALTSQN 4 - 6 personnel will only carry and use weapons and ammunition on the condition they are authorised to do so by the Commander of Prince Life Regiment.

f. Liability to pay damages:

Claims will be regulated in accordance with the PfP-SOFA. For the purposes of paragraph 2.f. of Article VIII of the NATO-SOFA, claims are waived in such cases where the damage is less than DKK 9.670,00.

g. Import and export of equipment:

Equipment listed in TO&E for BALTSQN 4 - 6 will not be subject to customs and taxes, etc. upon import and export to and from a Host Nation. The Host Nation will assist the Sending Participants in obtaining the necessary approvals of the import and export and the release of the equipment.

Section 12

CODE OF CONDUCT AND TERMS OF STAY IN THE AREA OF OPERATION

1. BALTSQN 4 - 6 will take part in the operations on the same conditions as the Danish members of NPBG/SFOR. BALTSQN 4 - 6 stay in the Area of Operation will be on the same conditions as DANCON/NPBG/SFOR with regard to the wearing of uniform, carrying of weapons and all other operational aspects. Uniforms will be marked with the SFOR sign, the BALTSQN sign, the respective national flag, and the name of the respective State in English (“ESTONIA”/”LATVIA”/ ”LITHUANIA”). Insignias will be worn in accordance with the national regulations of the personnel.

2. BALTSQN 4 - 6 will follow all Standing Operational Procedures, Rules of Engagement, directives etc. established by NPBG/SFOR for the stay in the Area of Operation. Denmark will provide BALTSQN 4 - 6 with a copy of NPBG/SFOR Standing Operating Procedures, Rules of Engagement and Basic Procedures.

3. a. Criminal jurisdiction:

(1) During deployment to and while stationed in the Area of Operation, criminal and disciplinary jurisdiction will be exercised in accordance with:

— The Participation Agreement between NATO and the Participants respectively

— The Status of Forces Agreement (SOFA) between NATO and Croatia, Bosnia and Herzegovina, and the Federal Republic of Yugoslavia respectively all signed on 23 November 1995. The agreement has been prolonged to cover the SFOR period.

— The Agreement between NATO and the Government of the Republic of Hungary regarding Transit and Temporary stay of IFOR sign on 6 December 1995 and NATO concerning the provision of logistic support for the transit through and the temporary stationing of IFOR on the territory of the Republic of Hungary in the execution of SACEUR OPLAN 10407 – JOINT FORGE. These agreements have been prolonged to cover the SFOR period.

(2) The Danish military authorities will refrain from submitting members of BALTSQN 4 - 6 to penalties, disciplinary measures, and other sanctions or measures according to the Danish military criminal legislation and military procedural legislation.

(3) The military authorities of the respective Baltic Participants will be responsible for imposing penalties, disciplinary measures, and other sanctions or measures according to their military disciplinary and procedural legislation. CG/ AOCDEN will be kept informed of both civil and military offences committed by any member of BALTSQN 4 - 6 as well as military penalty or disciplinary measures in the Area of Operation imposed by the military authorities of the Baltic Participant in question.

(4) BALTSQN 4 - 6 personnel will be subject to the authority of SFOR Military Police on the same conditions as NPBG/SFOR personnel.

b. Civil jurisdiction:

Civil jurisdiction will be governed by the rules related to agreements between NATO and the local authorities.

c. Liability to pay damages:

The Participants will waive all claims against each other for damage to property owned or used by, and injury to personnel belonging to the Parties in SFOR. This waiver applies between the Participants in the Area of Operation and during transportation to and from the Area of Operation.

d. Third-party claims:

During deployment each Participant will be responsible for third-party claims for damages arising out of their acts and omissions. In cases where the Participants, under applicable law, are working jointly and both Participants are liable for damage to a third party, the Participants will promptly enter into consultations.

e. Repatriation:

(1) General.

Repatriation issues will be co-ordinated closely between the Commanding Officer/NPBG/SFOR and the relevant Senior National Representatives from the Baltic Participants and the Contingency Commander/DANCON.

The formal request for repatriation of personnel has to be sent via CG/AOCDEN to respective national authorities.

(2) If any member of BALTSQN 4 - 6 leaves the defence forces by which he/she is employed, he/she shall be repatriated.

(3) The respective authorities of the Baltic Participants retain the right to repatriate their personal from the Area of Operations.

(4) If the Commanding Officer/NPBG/SFOR requests repatriation of any member of BALTSQN 4-6, the respective authorities of the Participants will be responsible for receiving the person concerned within its own territory or otherwise disposing him/her outside the Area of Operations.

4. Members of BALTSQN 4 - 6 will carry national identity cards and SFOR identity cards. Medical personnel will carry special Medical identity cards.

Section 13

SECURITY

The Participants shall take all possible steps within the national legislation to prevent the disclosure to any Third Party or unauthorised persons of classified information which may have come to the knowledge of the Participants during their stay in the Baltic States, Denmark and the Area of Operation.

Section 14

FINAL PROVISIONS

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

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

If the NATO operation in Bosnia-Herzegovina is renamed before the expiration of this MOU, it will not affect this MOU. In case the overall operational conditions change, due to alterations, change in the mandate, decisions to re-deploy units to other NATO missions, or to other circumstances, the Participants will enter into consultations.

3. This MOU may be amended at any time by unanimous decision of the Participants. Amendments are to be done in written text.

4. This MOU may be terminated at any time by unanimous decision of the Participants; it may also be terminated by 1 (one) month’s written notice of withdrawal by either of the Participants.

5. This MOU is done in four identical originals in English language. In the event of differences of opinion as regards interpretations, the Participants will enter into consultations.

 

Date of signature: 27.11.2001. Christian Hvidt CHIEF OF DEFENCE OF DENMARK	Date of signature: 07.01.2002. Tomas Könts CHIEF OF DEFENCE OF THE REPUBLIC OF ESTONIA
Date of signature: 26.04.2002. Raimonds Graube CHIEF OF DEFENCE Of  NATIONAL ARMED FORCES on behalf of THE MINISTRY OF DEFENCE OF THE REPUBLIC OF LATVIA	Date of signature: Jonas Kronkaitis COMMANDER OF ARMED FORCES OF THE REPUBLIC OF LITHUANIA