MEMORANDUM OF UNDERSTANDING BETWEEN THE MINISTRY OF DEFENCE OF THE REPUBLIC OF LATVIA THE MINISTRY OF DEFENCE OF NORWAY THE SWEDISH ARMED FORCES THE MINISTRY OF DEFENCE OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND THE DEPARTMENT OF DEFENCE OF THE IRELAND THE MINISTRY OF DEFENCE OF THE CZECH REPUBLIC AND THE MINISTRY OF DEFENCE OF FINLAND REGARDING THEIR PARTICIPATION IN THE MULTINATIONAL BRIGADE CENTRE IN THE KOSOVO FORCE

The Ministry of Defence of the Republic of Latvia, the Ministry of Defence of Norway, the Swedish Armed Forces, the Ministry of Defence of the United Kingdom of Great Britain and Northern Ireland, the Department of Defence of Ireland, the Ministry of Defence of the Czech Republic and the Ministry of Defence of Finland, hereinafter referred to as the Participants;

CONSIDERING United Nations Security Council Resolution (UNSCR) Number 1244, dated 10 June 1999;
ASPIRING TO strengthen co-operation between the Participants;
DESIRING TO formalise arrangements in a Memorandum of Understanding, hereinafter referred to as the MOU, in order to participate in the Kosovo Force (KFOR) as a part of the Multinational Brigade Centre (MNB(C)) in the Supreme Allied Commander Europe/North Atlantic Treaty Organisation (SACEUR/NATO) Operation Plan 10413 - JOINT GUARDIAN - regarding Kosovo;
AND CONSIDERING the needs of the Participants to co-ordinate mutual co-operation between their forces as a part of the MNB(C) and to outline the policy and procedures applicable;
HAVE REACHED the following understanding:

 

SECTION ONE — PURPOSE

AND SCOPE

1.1 The purpose of this MOU is to establish policies, procedures and arrangements between the Participants for the planning and execution of OPLAN 10413 – JOINT GUARDIAN, with respect to the establishment, sustainment, and transportation of the Participants` forces to, in and from the mission area of MNB(C).
1.2 Based on NATO and KFOR plans on the reduction and development of forces in KFOR, the Participants will deploy troops

 

 

to MNB(C) for the period of one (1) year beginning 01 May 2003. Based on their Parliamentary Decision, Norway can confirm participation only until the end of 2003. Based on their Parliamentary Decision, the Czeck Republic can confirm participation only until the end of 2003.
1.3 Furthermore, Ireland will deploy an Infantry Unit to be incorporated into the Finnish Battalion and to replace an equivalent unit in Autumn 2003.
1.4 This MOU is not to conflict with the national legislation of the Participants or with international law. In case of a conflict, the relevant international law and national legislation will prevail. The Participants will notify each other in the event of any conflict arising.
1.5 Extant bilateral MOUs, Technical Arrangements (TAs) and Exchange of Letters between Participants and listed in Annex A will remain in effect. Participants may enter into additional bilateral or other MOU, TA or Exchange of Letters, for furthering the purposes of this MOU. Such Arrangements will be informed to the other Participants and added to the list at Annex A on conclusion. In case of a conflict, the terms of this MOU will prevail.

 

SECTION TWO — REFERENCES

2.1 The Participation Agreements (PA) and Financial Agreement between NATO and Participants in this MOU concerning Troop Contribution to KFOR.

2.2 CJPLA/7340-189/01 SACEUR OPLAN 10413 Rev 2 Joint Guardian dated 18 Jun 01.
2.3 Common Reference Document (CRD) SACEUR OPLANS 10407/10413.
2.4 Governmental Decisions dated 24 June 1999 and 20 September 2002 (Finland).
2.5 Governmental Decision No 29 dated 19 December 2002 (Sweden) and the sideletter issued by the Swedish Ambassador to NATO on the 24 of September 1999 regarding the exclusive jurisdiction over Swedish personnel.
2.6 Governmental Decision (Ireland).
2.7 Governmental Decision No 866 dated 13 September 2002 (the Czech Republic).
2.8 Decision of the Parliament of the Republic of Latvia dated 7 September 1999.
2.9 Norwegian Parliament decision dated 14 June 1999.
2.11 The Military Technical Agreement (MTA) dated 9 June 1999 between International Security Force (KFOR) and the Governments of the Federal Republic of Yugoslavia and the Republic of Serbia.
2.12 The Memorandum of Understanding between the Ministry of Defence of the Hellenic Republic and SHAPE Regarding the Provision of HNS for the Execution of SACEUR OPERATION PLAN 10413 JOINT GUARDIAN dated 13 April 1999.
2.13 Exchange of Letters with Associated Annexes between Governments of the Former Yugoslavian Republic of Macedonia (FYROM) and NATO Concerning the Basic Agreement Which Defines Legal Status of Any HQ to be Established on the Territory of FYROM dated 23/24 December 1998.
2.14 The Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces (NATO SOFA) signed on 19 June 1951 in London.

2.15 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), signed on 19 June 1995 in Brussels.
2.16 MC 319/1, NATO Principles and Policies for Logistics, published in December 1997.
2.17 The Exchange of Letters between NATO and the Former Yugoslav Republic of Macedonia, concerning the privileges, facilities and immunities to be enjoyed by Headquarters KFOR REAR and KFOR personnel, dated 18 May 2001.
2.18 Security within North Atlantic Treaty Organisation, C-M (2002)(49) dated 17 june 2002 and subsequent amendments.
2.19 Allied Administrative Publication-6 (AAP-6) ‘NATO Glossary of Terms and Definitions’ Edition ‘V’.
2.20 Allied Joint Publication 1.
2.21 Allied Tactical Publication 3.4.

 

SECTION THREE — DEFINITIONS

3.1 Definitions used in this MOU are attached at Annex B.

 

SECTION FOUR — CONTRIBUTIONS OF THE PARTICIPANTS

4.1 The Participants confirm their intention to contribute MNB(C) with the following resources:

THE REPUBLIC OF LATVIA:

One (1) Staff Officer, two (2) medics and five (5) Military Police Officers

FINLAND: One (1) Mechanized Infantry Battalion

Personnel to the Multinational Units: HQ MNB(C), HQ and Signals Coy, MNTC and MNMPC
National Support Element
Maximum contribution being 820 troops.

NORWAY: One (1) Light Task Force One (1) Light Task Force

Staff Personnel to HQ MNB(C)
Water section to Multinational Transportation Company

SWEDEN: One (1) Mechanized Infantry Battalion

Personnel to the Multinational Units: HQ MNB(C), HQ and Signals Coy, MNTC and MNMPC
National Support Element

THE UNITED KINGDOM OF GREAT BRITAIN AND

NORTHERN IRELAND:
Personnel to the Multinational Units: HQ MNB(C), HQ and Signals Coy, MNTC and MNMPC
National Support Element
UK ISR Task Force within the MNB(C) AO, but not under the command of Comd MNB(C)

IRELAND: One (1) Infantry Company Gp

Personnel to the Multinational Units: HQ MNB(C), HQ and Signals Coy, and MNMPC
Personnel to FINBATT
National Contingent Support Element
National Support Element
Maximum contribution being 250 troops.

THE CZECH REPUBLIC:

Czech-Slovak Mechanized Battalion
Personnel to the Multinational units: HQ MNB(C), MNTC and MNMPC
National Support Element
Maximum contribution being 550 troops

4.2. Any amendments or changes to the contributions will be subject to negotiations within the MCG.

 

SECTION FIVE — COMMAND,

CONTROL AND ORGANISATION

5.1 HQ MNB(C) is not a legal entity under international law or national laws of the Participants, and thus cannot assume legal rights and obligations.
5.2 Command and Control arrangements for national contributions, as determined under the KFOR Statement of Requirement (SOR) are detailed at Annex C. Operational Control (OPCON) of these units is normally delegated to Comd MNB(C). The organisation of the HQ Staffs is shown in the Crisis Establishment (CE) and is decided by the Participants as detailed in MNB(C) Standard Operating Instructions (SOIs).
5.3 Each Participant will be represented on a Multinational Coordination Group (MCG). The responsibility of the MCG is to co-ordinate the international contributions of the Participants to MNB(C) and to formulate strategic policy and guidance. Issues that cannot be dealt with by HQ MNB(C) will be referred to the MCG for resolution by consensus. The MCG will determine its operational procedure. MCG organisation is shown at Annex D.
5.4 Positions in HQ MNB(C) will be manned based on consensus within the MCG.
5.5 In addition to HQ MNB(C), three multinational units (MNUs) will be established and operating within MNB(C); the Multinational Transport Company (MNTC), the Multinational Military Police Company (MNMPC) and the HQ and Signals Company (HQC). Arrangements for these units will be detailed in respective Technical or Implementing Arrangements (IA) subordinate to this MOU.
5.6 Each Participant will appoint a National Contingent Commander (NCC) or a Senior National Representative (SNR) who will keep Comd MNB(C) informed of national issues pertinent to MNB(C) activity.
5.7 Each Participant will contribute a National Support Element (NSE), which will have responsibility for providing the national logistics support required for its respective nation. Participants will retain Full Command of their NSEs under the coordinating authority of the Comd MNB(C). Where it has been decided between the Participants, MNUs may be created to share and provide logistics capability to the MNB(C). OPCON of specific national Combat Support Services (CSS) assets when operating within a MNU will be delegated to HQ MNB(C).
5.8 National contributions may change during any NATO KFOR review or national re-examination of requirements. Future reviews will not alter the Participants’ requirements for this MOU and each Participant will keep the other Participants informed as national operational positions vary.

 

SECTION SIX — JURISDICTION

6.1 FYROM. While deployed in the FYROM, the status of troops designated for KFOR is regulated by the NATO Framework Agreement (FA) and the Exchange of Letters between NATO and the Former Yugoslav Republic of Macedonia, concerning the privileges, facilities and immunities to be enjoyed by Headquarters KFOR REAR and KFOR personnel. Under the FA, KFOR personnel are not subject to the criminal jurisdiction of the host nation.

6.2 KOSOVO. The jurisdiction and immunity for NATO personnel deployed into Kosovo as an element of KFOR is subject to a joint declaration between COM KFOR and the UNMIK SRSG made on 17 Aug 00. This is in substitution of a formal Status of Forces Agreement (SOFA) negotiated with the FRY. The declaration is supported by UNMIK Regulation 47/2000 which details the specific jurisdictional regime in force in Kosovo. Under the declaration and Regulation 47/2000 KFOR personnel are subject to the exclusive jurisdiction of their sending State. They are immune from any form of jurisdiction, including arrest and detention, exercised by courts in Kosovo, except insofar as such powers are exercised by their respective sending states.
6.3 Details of the Status of Forces for Participants as between the Participants themselves whilst operating within MNB(C) is provided in the Agreements detailed at Paras 2.14 and 2.15.

 

SECTION SEVEN —

RESPONSIBILITIES

7.1 Under the KFOR SOR, Finland is the Coordinating Nation for MNB(C) from and including 01 May 2003 until and including 31 October 2003. Sweden is the Coordinating Nation for MNB(C) from and including 01 November 2003 until and including 30 April 2004.
7.2 Sweden is the Coordinating Nation for MNTC and the Lead Nation for Camp Tor Hov from and including 01 May 2003. The responsibility will rotate as will be mutually decided within the MCG.
7.3 Sweden is the Coordinating Nation for MNMPC from and including 01 May 2003. The responsibility will rotate as will be mutually decided within the MCG.
7.4 Finland is the Lead Nation for MNB(C) communication system, HQC and Camp Slim Lines for the period of 01 May 2003 – 30 April 2004. The responsibility as Lead Nation will rotate as will be mutually decided within the MCG.
7.5 Norway is the Lead Nation for Camp Banski Rid (FYROM).
7.6 It is a national responsibility to deploy and return units and equipment to their respective home countries. The Troop Contributing Nations (TCNs), in consultation with Comd MNB(C), are responsible for deployment and redeployment planning and execution.
7.7 Each Participant bears the responsibility for ensuring the provision of logistic support for its forces allocated to the MNB(C), unless other provisions are made in this MOU or subordinate TAs or IAs.

 

SECTION EIGHT — FINANCIAL

ARRANGEMENTS

8.1 Each Participant has financial responsibility for its own forces including:
a. Pay and allowances for its own forces, including civilian components.
b. All costs, including accommodation, travel and other expenses arising out of business performed by their forces, including the civilian component away from MNB(C).
c. All costs arising from the deployment, sustainment and re-deployment of forces to and from the Theatre.
d. All costs related to a TCNs guests and visitors.
e. All costs for commitments for exclusive national use.
8.2 Annex E outlines the authority, responsibilities and task of the Financial Management Board (FMB) and provides detailed information on the financial arrangements, accounting and auditing procedures, including arrangements for reimbursement, to be implemented between the Participants.
8.3 Each Participant retains the ownership of its own resources. Jointly owned assets and property will not exist unless two or more Participants expressly consent. Any such assets and property jointly acquired under this MOU will be disposed of in a manner decided by consensus between the respective Participants.
8.4 If another Participants´s assets are used, the borrower must comply with the lender’s regulations (certificate etc). Necessary training and competence for this should be individually documented.

 

SECTION NINE — LOGISTICS

AND MEDICAL SUPPORT

9.1 General. Participants will ensure that adequate CSS support is provided to sustain their contributions to MNB(C) in support of OPLAN 10413 - JOINT GUARDIAN.CSS is a national responsibility, except where a multinational arrangement is accepted upon by mutual consent between the Participants. Irrespective of these specific arrangements, Comd MNB(C) retains the task of co-ordinating all logistic support within MNB(C), as set out within OPLAN 10413 - JOINT GUARDIAN and, in extremis, the ability to re-distribute and prioritise logistic tasks.
9.2 Logistic Concept. CSS operations within MNB(C) will be conducted by a mixture of national and multinational logistic

 

 

troops who will work in both steady state peace support operations and during periods of heightened tension. Across MNB(C), the prioritisation of CSS will be set to meet Comd MNB(C)’s plan and will be directed by MNB(C) staff. If tension rises, or a higher state of readiness is declared, the Participants should be prepared to provide additional resources including stocks. Comd MNB(C) will have the authority to request additional CSS capability and force protection accordingly.
9.3 UK ISR Task Force. Logistics and administrative support will be provided to the UK ISR Task Force by the MNTC and MNMP as mutually accepted between the Participants. The UK contribution to these MN units reflects the commitment to provide such support.
9.4 Medical Concept. Provision of medical support to MNB(C) forces is a national responsibility. Planning and co-ordination of emergency response cover within the MNB(C) AO will reside with HQ MNB(C) as mutually determined between the Participants.

 

SECTION TEN — CLAIMS

AND LIABILITIES

10.1 The Participants will waive claims against each other for damage to property owned or used by the Participants, and injury to personnel whilst employed by the MNB(C). This waiver will also apply between the Participants during transportation to and from the mission area. If, however, such damage results from the reckless acts or reckless omissions, wilful misconduct or gross negligence of a Participant, its personnel or agents, the cost of any liability will be borne by that Participant alone. This waiver does not cover training in the Participants’ territory or any third party claims arising from a Participant’s use of a vehicle belonging to one of the other Participants. In the case of vehicle claims, the claim will be settled by the Participant deemed to be responsible for the cause of the claim.
10.2 Each Participant will be responsible for third party claims for damage arising out of its own acts and omissions and the acts and ommissions of its personnel.
10.3 Where two or more Participants are jointly liable for damage to a third party, the Participants involved will be jointly responsible for settling the claim.
10.4 In situations where it has been certified that the damage has been caused by MNB(C), but the responsible Participant(s) cannot be identified, the Participants will be jointly and severally responsible. This will not apply to a Participant who clearly can not have caused the damage.
10.5 Claims mentioned in Para 10.3 and 10.4 will be processed by Comd MNB(C) in accordance with MNB(C) SOIs and decided on a case by case basis by the Participants involved.

 

SECTION ELEVEN — PROTECTION OF CLASSIFIED INFORMATION AND SECURITY

11.1 All classified information and material exchanged or generated in connection with this MOU will be used, transmitted, stored, handled and safeguarded in accordance with the Participants’ applicable national security laws and regulations, to the extent that they provide a degree of protection 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 and subsequent amendments”.
11.2 Classified information or material will only be transferred between the Participants, and only through Government-to-Government channels or through channels approved by the Designated Security Authorities (DSAs) of the Participants. Such information will bear the level of classification and denote the country of origin. For information originating in HQ MNB(C), NATO regulations apply, classification in accordance with KFOR regulations.
11.3 Each Participant will take all lawful steps available to it to ensure that classified information or material provided or generated pursuant to this MOU is protected from further disclosure unless the other Participant(s) consent to such disclosure. Accordingly, each Participant will ensure that the recipient(s) of such information:
a. Will not release the classified information or material to any government, national organisation or other entity of a third party without prior consultation with the originating Participant.

b. Will not use the classified information or material for other than the purposes provided for in this MOU.
c. Will, in accordance with its national law, comply with any distribution and access restrictions on classified information or material that is provided to them in connection with this MOU.
11.4 The Participants will investigate all cases in which it is known or where there are grounds for suspecting that classified information or material provided or generated pursuant to this MOU has been lost or disclosed to unauthorised persons. Each Participant will also promptly and fully inform the other Participants of the details of such occurrences, and of the final results of the investigation and of the corrective action taken to preclude recurrences.
11.5 All Participants will appoint an appropriate person or persons to safeguard classified information or material pertaining to this MOU, at any site or facility where it may be used, who will be responsible for limiting access to such classified information or material involved to persons who have been properly approved for access and who have a strict need-to-know.
11.6 All requests for information regarding a specific Participant will be referred to that specific Participant.

 

SECTION TWELVE — NATIONAL DECLARATIONS

AND RESTRICTIONS

12.1 Details of any National Declarations and Restrictions are recorded at Annex F.
12.2 The Participants will inform HQ MNB(C) of any amendments to their National Declarations and Restrictions.

 

SECTION THIRTEEN —

MODIFICATIONS, DISPUTES AND DISTRIBUTION

13.1 The Participants will enter into consultations and, where necessary, review this MOU when the overall operational conditions change due to alterations in the mandate or due to other circumstances.
13.2 This MOU, including all or any of the Annexes, may be amended at any time with mutual consent of the Participants and through exchange of letters. Any amendments will be proposed by the Participants within the MCG. In addition, Comd MNB(C) may propose amendments through the MCG.
13.3 Any dispute regarding the interpretation or application of this MOU or the annexes will be resolved first between the Participants at the lowest possible level, and if no solution is found, the dispute will be transferred to higher levels up to the MCG as the highest level. No dispute will be referred to any national or international tribunal or third party for settlement.
13.4 The Participants will be responsible for their own national distribution of the MOU. Copies of this MOU will be distributed to SACEUR and HQ KFOR, via the Chairman of the MCG.
13.5 Additional nations may be invited to participate in this MOU by mutual consent of the existing Participants and will do so by providing either a Note of Accession (acceding to the full provisions of this MOU) or a Statement of Intent (acceding to the provisions of this MOU but with National Declarations) to the Chairman of the MCG.

 

SECTION FOURTEEN — ENTRY INTO EFFECT, DURATION AND TERMINATION

14.1 This MOU will enter into effect on the day of the last signature of the Participants. It will remain in effect whilst the MNB(C) is in existence, or until and including 30 April 2004. It may be prolonged with mutual consent of the Participants within the MCG.

 

 

14.2 This MOU may be terminated at any time by mutual consent of the Participants within the MCG. Any Participant may withdraw from the MOU by giving a three (3) months written notice to the other Participants.
14.3 In the event that this MOU is terminated or expires:
a. The provisions of Section 8 (Financial Arrangements), Section 10 (Claims and Liabilities) and Section 13 (Modifications, Disputes and Distribution) will remain in effect until all outstanding payments, claims and disputes are settled.
And

b. The provisions of the Section 11 (Protection of Classified Information and Security) will remain in effect until all such classified information and material is either returned to the originating Participant, destroyed in accordance with the instructions of the originator or declassified by the originator.

 

SECTION FIFTEEN — SIGNATURES

This MOU is signed in eight (8) copies, one (1) for each Participant, in the English language only.

Annexes:
A. Extant Arrangements between the Participants.
B. Definitions.
C. Command and Control.
D. MCG Organisation.
E. Financial Arrangements.
F. National Declarations and Restrictions.

For the MINISTRY OF DEFENCE For the SWEDISH ARMED FORCES
OF NORWAY
Defence Attache Deputy Commander
Colonel Sweden Joint Forces Command
Major General
Ivar Viddal Tony Stigsson
Signature Signature

Signed on 28 April, 2003 Signed on 22 April, 2003

For the MINISTRY OF DEFENCE For the DEPARTMENT OF OF THE UNITED KINGDOM OF DEFENCE OF IRELAND
GREAT BRITAIN AND NORTHERN
IRELAND
Defence, Naval, Military and Air Attache Chargé d´ Affaires in the Embassy of Ireland
Lieutenant Colonel
Patrick Clarke Ms Lorraine Christian
Signature Signature

Signed on 28April, 2003 Signed on 13 June, 2003

For the MINISTRY OF DEFENCE For the MINISTRY OF DEFENCE
OF THE CZECH REPUBLIC OF FINLAND
Military and Air Attache Chief of Defence Staff
Colonel Lieutenant General
Miloš Rydval Kari Rimpi
Signature Signature

Signed 30 April, 2003 Signed 23 April, 2003

For the MINISTRY OF DEFENCE OF
THE REPUBLIC OF LATVIA
Minister of Defence of the Republic of Latvia

 

Ģirts Valdis Kristovskis
Signature

Signed on 27 June, 2003

 

 

ANNEX A TO
MNB(C) MOU

EXTANT ARRANGEMENTS BETWEEN THE PARTICIPANTS

1. United Kingdom/ Norway Memorandum of Understanding for Mutual Logistics Support during Op JOINT GUARDIAN, dated 9 September 1999 (United Kingdom) and 21 September 1999 (Norway).
2. United Kingdom/ Finland Memorandum of Understanding for Mutual Logistics Support during Op JOINT GUARDIAN, dated 27 September 2000 (United Kingdom) and 13 October 1999 (Finland).
3. United Kingdom/ Sweden Memorandum of Understanding for Mutual Logistics Support during Op JOINT GUARDIAN, dated 30 June 2000.
4. United Kingdom/Czech Republic Memorandum of Understanding for Mutual Logistics Support during Op JOINT GURDIAN, dated 25 Oct 99.
5. Implementing Arrangement between the Participants for the Multinational Transport Company (MNTC).
6. Implementing Arrangement between the Participants for the Multinational Military Police Company (MNMPC).
7. United Kingdom/ Norway Memorandum of Understanding for Training and Exercises dated 0 Dec 01.
8. United Kingdom/Czech Republic Memorandum of Understanding for Training and Exercises dated 21 Nov 02.
9. United Kingdom/ Finland Implementation Plan for the Transition of MNB(C) dated 18 Jan 2003 and Arrangement for Use for Slim Lines (to be signed).
10. The Republic of Latvia, Finland, Norway, Sweden, the United Kingdom of Great Britain and Northern Ireland, Ireland, the Czech Republic and the Slovak Republic Technical Arrangement regarding the Logistic Support in Camp Slim Lines (to be signed).
11. The Republic of Latvia, Sweden, Norway, Finland, the United Kingdom of Great Britain and Northern Ireland, Ireland, the Czech Republic and the Slovak Republic Technical Arrangement regarding the Logistic Support in Camp Tor Hov (to be signed).
12. Finland/ Ireland Technical Arrangement regarding the Incorporation of an Irish Standby Infantry Coy Unit and Staff Personnel into the Finnish Battalion (to be signed).
13. Czech Republic/Slovak Republic Memorandum of Understanding for the creation of joint unit dated 18 November 2001.
14. Czech Republic/Slovak Republic Technical Arrangement regarding the creation of joint unit dated 30 November 2001.

ANNEX B TO
MNB(C) MOU

DEFINITIONS

Administrative Control. Direction or exercise of authority over subordinate or other organisations in respect of administrative matters such as personnel management, supply, services and other matters not included in the operational missions of the subordinate or other organisations. (AAP-6(V))
APOD. Air Port of Debarkation (SHAPE Compendium of Abbreviations and Acronyms).
APOE. Air Port of Embarkation (SHAPE Compendium of Abbreviations and Acronyms).
Classes of Supply. (AJP 4)
Class I: Items which are consumed by personnel or animals at an approximately uniform rate, irrespective of local changes in combat or terrain conditions, e.g. food and forage.
Class II: Supplies for which allowances are established by tables of organization and equipment (TOE), e.g. clothing, weapons, tools, spare parts, vehicles, etc.
Class III: Fuel and lubricants for all purposes, except for operating aircraft or for use in weapons such as flame throwers, e.g. petrol/gasoline, fuel oil, greases, coal and coke, etc.
Class III A: Aviation fuels and lubricants.
Class IV: These are supplies for which initial use allowances are not prescribed by approved issue tables. Normally includes fortification and construction materials, as well as additional quantities of items identical to those authorised for initial issue (Class II), such as additional vehicles.
Class V: These include ammunition, explosives and chemical agents of all types.
Combat Service Support (CSS). The support provided to combat forces, primarily in the fields of administration and logistics (AAP-6).
Commander in Theatre. The General Officer Commanding Multinational Brigade (Centre).
Common User Item (CUI). An item of an interchangeable nature which is in common use by two or more nations or services of a nation.
Consumables. Consumable items have in general a limited economic value. Normally these items are consumed in a short time after purchasing and when consumed they lose their identity. Consumable items are for instance: Office material, detergent, nails, wire, medical supplies etc.
Coordinating Nation (CN). When one Participant assumes responsibility for coordination and control of a specific function/service for all or part of the MN force and/or HQ. The method of payment will then be subject to negotiations between the nations.
Coordination Authority. The authority granted to a commander assigned responsibility for coordinating specific activities involving Participants. He has the authority to require consultation between the Participants involved or their representatives, but does not have the authority to compel approval. In case of dispute between the Participants involved, he will attempt to obtain essential understanding by discussion. In the event he is unable to obtain essential understanding he will refer the matter to the MCG.
Cost Sharing. The sharing of costs, which cannot be related to a specific Participant, mutually determined by arrangement between respective Participants.
Costs Lie Where They Fall. The expenditure incurred by Participants for their own units when executing the tasks for which those units are designed, organised and equipped.
Detention. The act of confinement or holding in custody for lawful purpose such as prosecution, maintenance of public safety, or pursuant to legal order. For the purposes of this MOU it will be restricted to the temporary restraint of a person until he can be handed over to his national authorities at the earliest possible opportunity.
Equal Value. Logistic support, supplies, or services defined in monetary terms using actual or estimated prices in effect at the time a transaction is approved.

 

The Force. Personnel belonging to the Kosovo Forces to include the civilian component, participating in the mission in Kosovo.
Full Command. 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. (AAP - 6).
Lead Nation. For logistics, when one nation assumes responsibility for procuring and providing a broad spectrum of logistic support for all or a part of the multinational force and/or headquarters. Compensation and/or reimbursement will then be subject to agreements between the parties involved. The lead nation may also assume the responsibility to co-ordinate logistics of other nations within its functional and regional area of responsibility. (MC 319/1)
Lines of Support and Transportation
a. First Line. Support integral to units, which operate predominantly within the MNB(C) Area of Responsibility (AOR).
b. Second Line. Support within the Bde less first line.
c. Third Line. In-theatre support to the rear of the MNB(C) AOR.
d. Fourth Line. Support within the home nations and to a POD or FMB.
Logistics. The science of planning and carrying out the movement and maintenance of forces. In its most comprehensive sense, the aspects of military operations which deal with:
a. Design and development, acquisition, storage, transport, distribution, maintenance, evacuation and disposition of materiel.
b. Transportation of personnel.
c. Acquisition or construction, maintenance, operation and disposition of facilities.
d. Acquisitions or furnishing of services.
e. Medical and health service support. (AAP - 6)
Military Police (MP). Personnel designated by the Participants as MP, equipped with MP identification, accoutrements and equipment and acting on the authority of the commander or on the national authority of their respective Participants.
MNB(C) Brigade Surgeon. The Comd MNB(C) Principal Medical Advisor.
MNMPC. The Multinational Military Police Company formed by the MNB(C) Participating Nations.
MNTC. The Multinational Transport Company formed by the MNB(C) Participating Nations.
National Contingent Commander (NCC) or Senior National Representative (SNR). The national representative in any unit or staff in the Theatre as designated by TCN according to national rules and regulations.
National Senior Medical Officer (SMO). The Senior Medical Officer for each Participant as appointed by that Participant’s

National Contingent Commander.
National Support Elements (NSE). The elements under national command which provide and store national resources from the Participants, in order to support the MNB(C) respective nations.
Non-Common User Item (NCUI). An item that is not of an interchangeable nature.
Operation and Maintenance (O&M) Costs. To be charged as an O&M cost for equipment or a consumable item, the item must be actually consumed or installed. Material or spare parts for stocks will not be subject to cost sharing unless otherwise decided. However expenditure related to personal equipment, weapons and Class V, will not in any case count as O&M costs. Operation and Maintenance (O&M) costs for equipment should include, but are not necessarily limited to, services, rents, and replacement of spare parts and maintenance of material in general for multinational units.
Operational Command (OPCOM). The 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. (AAP- 6)
Operational Control (OPCON). The authority delegated 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. (AAP – 6)
POD. The Port of Debarkation. The location where personnel, equipment and goods leave a ship or an aircraft and set foot on shore or ground. (SHAPE Compendium of Abbreviation and Acronyms)
POE. The Port of Embarkation. The location where personnel, equipment and goods leave shore or ground and enter a ship or an aircraft. (SHAPE Compendium of Abbreviation and Acronyms)
Provost Marshal. The senior MP officer by position at the next level of command of either the national Participant or multinational force.
Reimbursable Transaction. Logistic support, supplies, or services paid for in cash.

 

Roles of Medical Support. (Abridgement of NATO definitions)
Role 1: A national responsibility at COY/BAT level. First aid; Triage and transport of wounded to higher level of medical care; Immediate life saving measures; Routine sick call and the management of the minor sick and injured for immediate return to duty. Preparation of serious cases for evacuation. Implementation of preventive measures.
Role 2: BDE/DIV level. Support to and evacuation from role 1; Resuscitation of the seriously injured; Sustaining treatment while awaiting further evacuation; Care of minor cases until return to unit; In exceptional cases emergency surgery; Care of combat stress reactions.
Role 3: CORPS level. Evacuation from role-1 and role-2; Resuscitation and stabilisation of the seriously injured. Life- and limbsaving surgery. Provision of specialist surgical and medical capability. The NSEs or NMLTs (National Medical Liaison Teams) should co-ordinate medical support.
Role 4: A national responsibility and includes the medical evacuation of the patient out of the theatre to the country of origin and the definitive medical care.
Role Specialist Nation. One nation assumes the responsibility for procuring a particular class of supply or service for all or part of the MN force and/or HQ. The method of payment will then be subject to negotiations between the nations.
Serious Offence. A criminal offence or transgression which all Participants classify as serious.
Standard Operating Instructions (SOIs). Instructions produced by HQ MNB(C) to subordinate units.
SPOD. Sea Port of Debarkation (SHAPE Compendium of Abbreviations and Acronyms).
SRSG. Special Representative of the Secretary General.
Tactical Command (TACOM). The authority delegated to a commander to assign tasks to forces under his command for the accomplishment of the mission assigned by a higher command. (AAP 6)
Tactical Control (TACON). The detailed and, usually, local direction and control of movements or manoeuvres necessary to accomplish missions or tasks assigned. (AAP 6)
Troop Contributing Nations (TCN). A nation contributing troops/forces or individuals to MNB(C).
UNMIK. United Nation´s Mission of Interim Administration of Kosovo.

ANNEX C TO
MNB(C) MOU

COMMAND AND CONTROL

National Co-ordination
1. Command and Control (C2) arrangements are shown at Appendix 1. The Comd MNB(C) belongs to the KFOR chain of command and is subordinated to NATO procedures. In matters of national concern, the Comd MNB(C) will refer to the National Contingent Commander (NCC)/Senior National Representative (SNR) of the appropriate unit or element in the MNB(C).
2. Each Participant will appoint a national Point of Contact (POC). Any unsolved issues of national concern regarding the units in the MNB(C) are to be directed to their own national POC and the MCG as appropriate. National POCs are listed in Appendix 2. The POC will be contactable through a Duty Officer or equivalent on a 24-hour (24/7) basis, and will be able to communicate by telephone and telefax.

Appendices:

1. Command and Control.
2. Participants’ Points of Contact.

ANNEX E TO
MNB(C) MOU

FINANCIAL ARRANGEMENTS

Purpose

1. The purpose of this Annex is to describe the overall financial arrangements, accounting and auditing procedures, including the mechanism for reimbursement, between the Participants.

 

General Principles

2. The financial obligations of the Participants will be subject to the authorisation and appropriation of funds in accordance with respective national laws.
3. Subject to the circumstances at Para 5 below, the principle of ‘costs lie where they fall’ will apply to multinational units. Where Comd MNB(C) tasks units for tasks outwith their capability declared to MNB(C), expenditure for vehicle and equipment hire will be shared proportionally between the Participants.
4. A Participant who receives supplies and services from another Participant should reimburse the costs of these as determined in advance between their NSEs or in a separate arrangement between the Participants.
5. Operation and maintenance (O&M) as well as Facility Management (FM) costs for equipment and consumables in MNUs, which cannot be related to a specific Participant, in accordance with the principles outlined in paragraphs 3 and 4 above, will be shared proportionally according to the personnel strength of the MNU. In addition, further details can be developed for respective MN units.
6. One Participant, i.e. Lead Nation, must be responsible for financial commitments related to MNU camps. Costs will be recovered in accordance with Para 5 above.
7. The expenditure for co-ordinated transport, originating in the participating countries and terminating in the mission area, and vice-versa, will be borne proportionally to the loads by the Participants using this transport.
8. Where applicable, nations may request from either the LN or CN estimated expenditure associated with the provision of supplies and services to their personnel.

 

Invoices and Payment

9. For any logistic support, supplies or service not provided free of charge in accordance with STANAG 3113 or by mutual consent, the relevant authorities of each Supplying Participant and each Receiving Participant can negotiate a ‘reimbursable transaction’ or payment in ‘equal value’ to be defined in monetary terms only. Accordingly, each Requesting Participant will pay each Supplying Participant in accordance with either paragraph 9.a, or 9.b below as well as the more general provisions stated in the remainder of this Annex:

a. Reimbursable Transactions. The Receiving Participant will pay outstanding balances no later than 30 days after receipt of invoice in the currency specified by the Supplying Participant. In pricing reimbursable transactions, the Participants accept the following principles:
(1) The NSE of the Receiving Participant and the Supplying Participant will establish a price.
(2) When a definitive price is not established in advance of the order, the order will stipulate a maximum limitation of liability for the Receiving Participant who will be ordering the logistic support, supplies or service, pending negotiation of a final price. The NSEs of the Participants will promptly enter into negotiations to establish a final price, which may under certain circumstances exceed the initial maximum limitation of liability. The burden of justifying the increase will rest with the Participant seeking to exceed the maximum. In the event that the relevant authorities of the Participants have difficulty in negotiating a final price, they may consider replacement-in-kind.
(3) At the time accounts are settled, neither Participant will make or retain any profit resulting from the transactions being settled.
(4) In the case of specific acquisitions by the Supplying Participant from local contractors on behalf of the Receiving Partici

 

 

pant, the cost will be no less favourable than the price charged to the Supplying Participant for identical support, supplies and services. However, the price charged may take into account differentials due to delivery schedules, points of delivery and other similar considerations.
(5) In the case of the transfer from the Supplying Participant’s own resources, the amount paid by the Receiving Participant for logistic support, supplies and services provided will be the same as the Supplying Participant charges its own forces as of the date the order is accepted.
b. Equal Value. Participants will maintain records of all transactions, and the Requesting Participant will pay the Supplying Participant, by transferring to the latter’s forces, logistic support, supplies, or services that are equal in value to the logistic support, supplies, or services delivered or performed by the Requesting Participant and which are satisfactory to the Supplying Participant. If the Requesting Participant does not pay in ‘equal value’ within the terms of the exchange schedule, approved or in effect at the time of the original transaction (with time frames which may not exceed six (6) months from the date of the original transaction), the transaction will be deemed a reimbursable transaction and governed by Sub-Paragraph 9.a above.
10. In fulfilling their co-ordination role with respect to facilitating supply from commercial sources, the Supplying Participant will not obtain services or commit to any commercial contracts on behalf of the Receiving Participants unless the Receiving Participants have specifically consented to accept the services, supplies etc, and also have consented to pay a specified cost for them. All services and supplies from commercial sources will be based upon formal contractual arrangements.
11. Both the Receiving Participant and the Supplying Participant will maintain records of all transactions.
12. Invoices for the provision of logistic support, supplies or services will take the form of the Standard NATO Form for Request, Receipt and Return or Invoice, at Annex A of STANAG 2034 and will refer to this MOU, as well as to any applicable order number. Invoices will be accompanied by evidence of receipt by the Receiving Participant and are to be either settled locally or sent to the Receiving Participants’ designated finance agency no later than 30 days from the date that the logistic support, supplies or services were provided to those Forces. The invoices will itemise the charges for the various logistic support, supplies or services being billed.
13. The Receiving Participant will not retransfer logistic support, supplies or services, either temporarily or permanently to another nation or organisation without written consent of the relevant Supplying Participant authorities.

 

Accounting and Auditing

14. Accounting and auditing of a respective contingent is a national responsibility.
15. Accounting and auditing of a MN unit or services is the nominated Coordinating Nation/Lead Nation responsibility. Accounts will be maintained, supported and open for inspection by the other Participants upon request.

 

Archiving

16. The Coordinating Nation is responsible for the archiving of MNB(C) documents and other material, either classified or not, in accordance with its national legislation and terms set out by the MCG.

 

Multinational Contracting

17. In general contracting is a national responsibility. However, on request from a Participant(s), another Participant may contract on their behalf. A contracting forum will meet periodically within MNB(C). This is designed to allow a voluntary information exchange between contracting officers in all nations in order to maximise efficiency and to minimise costs.

 

Financial Management Board

18. All multinational shared costs will be controlled by a Financial Management Board (FMB), which will have representation from each Participant. Chairmanship of the board will be rotational, as agreed by representatives of the Participants in FMB.
19. The board will meet monthly and will have authority and responsibility for providing national scrutiny of all multinational shared costs and ensuring financial burdens are shared proportionally. The FMB will also deal with general financial management issues and problems relevant to KFOR and will provide a forum for sharing appropriate financial information. Where appropriate, the board may co-opt national contracting officers to work towards greater co-operation on commercial and contractual issues.
20. Without prejudice to the provisions of Section 10 of the MOU, any financial or contract dispute between the Participants will be referred to the FMB for resolution.
21. The FMB will provide financial management information and secretariat support requested by Participants, but reserves the right to charge for additional information required by individual Participants for national use only.
22. All financial transactions relating to this MOU will be settled by payments through bank transaction or in cash in Euros. The rate of exchange to be used when converting currency for billing purposes will be set by the FMB based on the rate of exchange of the European Central Bank.
23. All assets jointly acquired under this MOU will be disposed of in a manner decided by a consensus of the Participants.
24. Points of Contact for Financial Matters will be:
For Finland:
Mr Hannu Sarikka
Chief of Administration/Finnish Defence Forces International Centre
P.O. Box 5, FIN-38841 NIINISALO
Tel. +358 (0)2 181 63010,
Fax +358 (0)2 181 63005
hannu.sarikka@fincent.fi

For the Republic of Latvia:

1 st LT. Dita Mežaka
Financial Division of J-3 Department/National Armed Forces HQ
Kr.Valdemara street 10/12
LV-1473
Tel.: + 371 733 5381, Fax: +371 733 5430

For Norway:

Joint Operative HQ, J8 section
P.O. Box 8085
N-4068 Stavanger
Tel: +47 51 57 2000 ext 3190/2606/2260, Fax: +47 51 57 2269

For Sweden:

HQ Joint Forces Command, J 8
P.O. 277001
S- 102 51 Stockholm, Sweden
Tel: + 46- 8- 788 8111; Fax: + 46- 8- 788 664 2817

For the United Kingdom:

 

 

Civil Secretary
UK NSC
Banja Luka Metal Factory
Banja Luka, Bosnia & Herzegovina
Tel: +387 51330 800 Ext 8347
CLEO Black 94151 4003

For the Czech Republic:

Col Josef Rychl
ORF GS
Vitezne namesti 6
Prague 6
160 06, Czech Republic
Tel +420973216070

ANNEX F TO
MNB(C) MOU

NATIONAL DECLARATIONS AND RESTRICTIONS

SWEDEN
1. Nothing in the present MOU will be viewed as if Sweden has waived immunities and privileges under national or international laws concerning its units, assets or personnel, neither that Sweden has accepted that foreign States exercise jurisdiction or official power over Swedish units, assets or personnel.