Communication from the Ministry of Foreign Affairs No. 297 / 1996 Coll.
Communication from the Ministry of Foreign Affairs on the Agreement between the Member States of the North Atlantic Treaty and other States participating in the Partnership for Peace on the Statute of their Armed Forces and Additional Protocol to the Agreement between the Member States of the North Atlantic Treaty and other States participating in the Partnership for Peace on the Statute of their Armed Forces
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International Treaty
Effective from 26.04.1996
Text versions:
10.12.1996
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297
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 19 June 1995 the following were adopted in Brussels:
Agreement between the Member States of the North Atlantic Treaty and other States participating in the Partnership for Peace on the Statute of their Armed Forces
and
Additional Protocol to the Agreement between the Member States of the North Atlantic Treaty and other States participating in the Partnership for Peace on the Statute of their Armed Forces.
On behalf of the Czech Republic, the Agreement and the Additional Protocol were signed in Brussels on 2 November 1995.
The Agreement and the Additional Protocol were agreed by the Parliament of the Czech Republic and the President of the Republic ratified the Agreement and the Additional Protocol. The instruments of ratification were deposited with the Government of the United States of America, the depositary of the Agreement and the Additional Protocol, on 27 March 1996.
Agreement i The Additional Protocol has been provisionally implemented since 22 December 1995 on the basis of the provisions of the Agreement on the rules governing the transit of troops of the North Atlantic Treaty Organisation (NATO) and other States participating in the Partnership for Peace through the Czech Republic in connection with the operation "IMPLEMENTATION FORCE," negotiated by Exchange of Letters of 18 and 21 December 1995, published under No 296 / 1996 Coll.
The Agreement entered into force in accordance with the text of its Article In paragraph 3, on 13 January 1996 and for the Czech Republic, it entered into force on 26 April 1996.
The Additional Protocol on the basis of Article II (3) entered into force on 1 June 1996 and entered into force on that date for the Czech Republic.
The Czech translation of the Agreement and the Additional Protocol are announced simultaneously. The English version of the Agreement and Additional Protocol can be consulted by the Ministry of Foreign Affairs and the Ministry of Defence.
AGREEMENT
between the Member States of the North Atlantic Treaty and the other States participating in the Partnership for Peace on the Statute of their Armed Forces
Member States of the North Atlantic Treaty, signed in Washington on 4 April 1949, and States which have accepted an invitation to the Partnership for Peace, issued and signed by the Heads of State or Government of the Member States of the North Atlantic Treaty Organisation in Brussels on 10 January 1994 and which approve the Framework Document of the Partnership for Peace;
creating together States participating in the Partnership for Peace;
taking into account that the armed forces of one Member State of this Agreement may, by agreement, be deployed and accepted in the territory of another Member State;
Recognising that decisions on secondment and recruitment of armed forces will continue to be the subject of separate agreements between the Member States concerned;
Desiring, however, that the status of these armed forces located in the territory of another Member State be defined;
referring to the Agreement between Member States North Atlantic treaties concerning the status of their armed forces, signed in London on 19 June 1951;
agree on the following:
Except for the exceptions provided for in this Agreement and any additional Protocol concerning their Contracting Parties, all Member States of this Agreement shall apply the provisions of the Agreement between the Contracting Parties to the North Atlantic Treaty concerning the Statute of their Armed Forces, signed in London on 19 June 1951, hereinafter referred to as "NATO SOFA ', as if all Member States of this Agreement were parties to NATO SOFA.
1. In addition to the area covered by NATO SOFA, this Agreement shall apply to the territories of all Member States of this Agreement which are not parties to NATO SOFA.
2. For the purposes of this Agreement, references to the North Atlantic Treaty area contained in NATO SOFA shall also be understood to relate to the territories referred to in paragraph 1 of this Article and references to the North Atlantic Treaty shall also relate to the Partnership for Peace.
For the purposes of implementing this Agreement in matters relating to the Parties which are not parties to the NATO SOFA, the provisions of the NATO SOFA governing the submission of applications or referrals to the NATO Council, the Chairman of the Permanent Representatives of the NATO Council or the arbitrators shall be interpreted as meaning that the Parties concerned are to act among themselves without the application of external jurisdiction.
This Agreement may be supplemented or otherwise amended in accordance with international law.
1. This Agreement shall be open to signature by any State which is either a party to NATO SOFA or which has accepted an invitation to the Partnership for Peace and approves the Partnership for Peace Framework Document.
This Agreement shall be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Government of the United States of America, which shall notify all signatory States of any such deposit.
3. Thirty days after three signatory States, at least one of which is a party to NATO SOFA and at least one of which has accepted an invitation to the Partnership for Peace and approved the Framework Document of the Partnership for Peace, have deposited their instruments of ratification, acceptance or approval, this Agreement shall enter into force in relation to those States. For each other signatory State, it shall enter into force 30 days after the date of deposit of its instruments.
This Agreement may be denounced by any Contracting Party to this Agreement by submitting a written notice of denunciation to the Government of the United States of America informing all signatory States of any such notification. The denunciation shall enter into force one year after receipt of notification by the Government of the United States of America. Upon expiry of this annual period, this Agreement shall cease to apply to the Contracting Party which denounced it, except for the resolution of outstanding claims arising before the date on which the termination became effective, but shall continue to apply to the remaining Contracting Parties.
In evidence of the undersigned, duly empowered by their governments, have signed this Agreement.
Done at Brussels, 19 June 1995 in English and French, both texts being equally authentic and will be deposited in the archives of the United States Government in one original. The United States Government will send certified copies to all signatory states.
ADDITIONAL PROTOCOL
to the Agreement between the Member States of the North Atlantic Treaty and other States participating in the Partnership for Peace on the Statute of their Armed Forces
Member States of this Additional Protocol to the Agreement between the Member States of the North Atlantic Treaty and other States participating in the Partnership for Peace on the Statute of their Armed Forces, hereinafter referred to as "the Agreement ';
taking into account that the national legislation of certain Contracting Parties to the Agreement does not allow the death penalty;
agree on the following:
If it has jurisdiction in accordance with the provisions of the Agreement, no Member State of this Additional Protocol shall apply the death penalty to any member of the armed forces and their civilian component and to persons dependent on them from any other Member State of the Additional Protocol.
(1) This Protocol shall be open for signature by any signatory to the Agreement.
(2) This Protocol is subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Government of the United States of America, which shall notify all signatory States of any such deposit.
(3) This Protocol will enter into force 30 days after the date of deposit of the instruments of ratification, acceptance or approval by three signatory States, at least one of which will be a party to NATO SOFA and at least one of which will be the State which has accepted the invitation to accede to the Partnership for Peace and approved the Framework Document of the Partnership for Peace.
(4) This Protocol will enter into force for each other signatory State on the date of deposit of the instruments of ratification, acceptance or approval with the Government of the United States of America.
Done at Brussels, 19 June 1995 in the English and French languages, both texts being equally authentic and shall be deposited in the archives of the Government of the United States of America in one original copy. The United States Government will send certified copies to all signatory states.
AGREEMENT
between the Contracting Parties to the North Atlantic Treaty on the Statute of their Armed Forces
London, June 19, 1951
Contracting Parties to the North Atlantic Treaty signed in Washington on 4 April 1949,
- taking into account that the armed forces of one Contracting Party may, by agreement, be seconded to service in the territory of another Contracting Party;
- be aware that the decision to continue to broadcast armed forces and the conditions under which they will be broadcast will be the subject of separate agreements between interested parties, unless these conditions are provided for in this Agreement;
- wishing, however, that the status of these armed forces be defined if they are in the territory of another Contracting Party;
agree on the following:
1. In this Agreement:
a. "Armed forces" shall mean the members of the ground, sea or air forces of one Contracting Party located in the territory of another Contracting Party in the North Atlantic Treaty Area in connection with their duties, provided that both Parties concerned may agree that certain individuals, units or units will not be considered as part of the "armed forces" for the purposes of this Agreement;
b. "civilian component" means civilian personnel accompanying the armed forces of a Contracting Party who is employed in the armed forces of that Contracting Party and who is neither stateless nor a citizen of a State which is neither a Contracting Party to the North Atlantic Treaty nor a citizen of a State or a permanent resident in the State in which the armed forces are deployed;
b.
d. "Sending State" means a Contracting Party belonging to the armed forces;
e. "recipient State" means the Contracting Party in whose territory the armed forces or civilian component are located, whether or not they are a location or transit through that territory;
b.
g. "NATO Council" shall refer to the Council established by Article 9 of the North Atlantic Treaty or any of its subsidiary bodies empowered to act on its behalf.
2. This Agreement shall apply to the public administrations of the Contracting Parties within their territories to which the Agreement applies or applies in accordance with Article XX, as it applies to the central authorities of those Contracting Parties, provided that the property owned by the authorities of the Contracting Parties is not considered to be owned by the Contracting Party within the meaning of Article VIII.
It is the duty of the armed forces and their civilian forces and their members, as well as those dependent on them, to respect the laws of the recipient State and to refrain from any activity incompatible with the spirit of this Agreement, and in particular to refrain from any political activity in the recipient State. It is also the responsibility of the sending State to take the necessary measures for this purpose.
1. Under the conditions laid down in paragraph 2 of this Article and in accordance with the formalities laid down by the beneficiary State for the entry and departure of the armed forces and their members, those members shall be exempt from the obligations arising from visa and passport regulations and customs and passport checks on entry or exit from the territory of the beneficiary State. They shall also be exempt from obligations arising from the rules of the beneficiary State on registration and control of foreigners, but shall not thereby acquire the right to permanent residence and residence in the territory of the beneficiary State.
2. Only the following documents shall be required for members of the armed forces. On request, the following shall be submitted:
b.
b. Individual or collective transfer order in the language of the sending State and in the language of the English and French, issued by the competent authority of the sending State or the North Atlantic Treaty and confirming the status of the individual or group as a member or members of the armed forces and confirming the ordered movement. The receiving State may require the transfer order to be co-signed by its competent representative.
3. The members of the civil file and the persons dependent on them shall be so identified in their passports.
4. Where a member of the armed forces or of a civilian component is removed from the employment relationship of the sending State and is not repatriated, the authorities of the sending State shall immediately inform the authorities of the receiving State and provide the information requested. Similarly, the authorities of the sending State shall inform the authorities of the receiving State of any member who is absent for more than twenty-one days.
5. If the receiving State requests the removal of a member of the armed forces or a civilian component from its territory, or has ordered expulsion for a former member of the armed forces or civilian component or for a dependent person or former member, the authorities of the sending State shall accept the person concerned in their own territory or otherwise ensure that that person leaves the territory of the receiving State. This paragraph shall apply only to persons who are not citizens of the recipient State and who have entered the territory of the recipient State as members of or for the purpose of becoming members of the armed forces or of the civilian component, and to persons dependent on them.
The beneficiary State shall either:
b. or
a.
1. Members of the armed forces will wear a uniform under the usual circumstances. If otherwise assessed by the authorities of the sending and receiving States, the wearing of civil clothing shall be permitted under the same conditions as for members of the armed forces of the receiving State. The regular units or formation of the armed forces must wear a uniform when crossing the border.
2. The service vehicles of the armed forces or civilian component shall be marked with a national distinguishing mark in addition to the registration mark.
Members of the armed forces may hold and carry arms on condition that they are authorised to do so by their orders. The authorities of the sending State shall give a favourable consideration to the requirements of the receiving State in this matter.
1. On the basis of the provisions of this Article
a. Military authorities of the sending State shall be entitled to exercise, within the territory of the receiving State, all criminal and disciplinary jurisdiction conferring on them the right of the sending State in respect of all persons subject to the legislation of that State relating to military matters;
b. the authorities of the beneficiary State shall be entitled to exercise jurisdiction over members of the armed forces or civilian forces and persons dependent on them in relation to offences committed in the territory of the recipient State which are punishable under the laws of that State.
2.
a. Military authorities of the sending State shall be entitled to exercise exclusive jurisdiction over persons subject to the legislation of that State in respect of military offences, including those relating to the security of that State, criminal offences under the laws of the sending State, but not under the laws of the receiving State.
(b) the authorities of the beneficiary State shall be entitled to exercise exclusive jurisdiction over members of the armed forces or civilian forces and persons dependent on them in respect of acts, including those relating to the security of that State which are punishable under its law but not under the law of the sending State.
c. For the purposes of this paragraph and paragraph 3 of this Article, the offence against State security shall include:
(i) treason;
(ii) sabotage - the espionage or violation of any law relating to the State's State's state and professional secrets or to the national defence of the State.
3. In cases of conflict of law, the following rules shall apply:
a. Military authorities of the sending State shall have the primary right to exercise jurisdiction over a member of the armed forces or civilian component in respect of:
(i) offences exclusively against the property or security of that State or offences exclusively against the person or property of another member of the armed forces or the civilian component of that State or a person dependent on it;
(ii) offences arising from acts or omissions in the performance of a service.
b. In the case of any other offence, they shall have the primary right to exercise jurisdiction by the authorities of the beneficiary State.
c. If a State having the primary right not to exercise jurisdiction decides not to, it shall inform the authorities of the other State as soon as possible.
The authorities of a State having an initial right shall consider in a friendly manner the request of the authorities of the other State to waive that right in cases where that other State attaches particular importance to such waiver.
4. The previous provisions of this Article shall not give rise to the right of the military authorities of the sending State to exercise jurisdiction over persons who are nationals of the receiving State or persons residing on its territory unless they are members of the armed forces of the sending State.
5.
a. The authorities of the receiving and sending States shall assist each other in the arrest of members of the armed forces or of the civilian component or persons dependent on them in the territory of the receiving State and in their transmission to the authority to which the exercise of jurisdiction is due in accordance with the above provisions.
b. The authorities of the recipient State shall immediately inform the military authorities of the sending State of the arrest of any member of the armed forces or civilian component or person dependent.
c. If the defendant is a member of the armed forces or of the civilian component over which the jurisdiction of the recipient State is exercised, he shall remain in custody in that State until he is charged by the receiving State.
6.
a. The authorities of the receiving and sending States shall assist each other in all necessary investigations of offences and in the collection and submission of evidence, including their provision and, where justified, in the transmission of items related to delicacy. The transmission of such articles may be conditional upon their return within a time limit set by the authority which provided them.
b. The authorities of the Contracting Parties shall inform each other without delay of the final settlement of any cases involving a conflict of right to exercise jurisdiction.
7.
a. The death penalty shall not be enforced by the authorities of the sending State in the recipient State unless such a penalty is provided for in similar cases by the law of the receiving State.
(b) The authorities of the beneficiary State shall consider in a favourable manner the request by the authorities of the sending State for assistance in the execution of a custodial sentence issued by the authorities of the sending State in accordance with the provisions of this Article in the territory of the receiving State.
8. Where criminal proceedings have been brought against the defendant in accordance with the provisions of this Article by the authorities of one Contracting Party and the defendant has been acquitted, or has been sentenced and served, or served, or has been remitted, he may not be retried for the same offence in the same territory by the authorities of another Contracting Party. However, none of the provisions of this paragraph shall prevent the military authorities of the sending State from conducting legal proceedings against a member of its armed forces for any breach of discipline arising from an act or omission which constitutes the substance of the offence for which the authorities of another Contracting Party have been tried.
9. Whenever a member of the armed forces or of a civilian component or an addict is prosecuted under the jurisdiction of the recipient State, he shall be entitled:
a. For immediate and rapid judicial proceedings;
b. be informed of any specific charges or charges brought against him prior to the initiation of the trial;
b.
d. to the compulsory summons of witnesses for his benefit, if they fall under the jurisdiction of the recipient State;
e. have in his defence a lawyer of his or her choice or a free or assigned legal representative under the conditions applicable at the time of residence in the territory of the recipient State;
b.
g. Communication with a representative of the Government of the Sending State and, if permitted by the Rules of Procedure, is entitled to the presence of that representative in court proceedings.
10.
a. Regular military units or formations of the armed forces shall have the right to protect any camps, facilities or other premises held by them under agreement with the recipient State. Military police of the armed forces may take all appropriate measures to ensure and maintain the order and security of these objects.
b. Outside these premises, military police will only be deployed on the basis of agreements with and in cooperation with the authorities of the recipient State, and only if such deployment is necessary to maintain discipline and order between members of the armed forces.
11. Each Contracting Party shall endeavour to adopt the provisions it deems necessary to ensure adequate security and protection of equipment, equipment, property, records and official information of other Contracting Parties in its territory and to punish persons who violate the laws adopted for that purpose.
1. Each Contracting Party shall waive any claims against any other Contracting Party to make good any damage to any property belonging to it and which is used by its ground, sea or air forces if such damage:
(i) has been caused by a member or employee of the armed forces of another Contracting Party in the performance of his or her duties in connection with the North Atlantic Treaty; or
(ii) was created by the use of any vehicle, vessel or aircraft belonging to another Contracting Party and used by its armed forces, provided that the vehicle, vessel or aircraft which caused the damage was used in the context of the North Atlantic Treaty or that the damage was caused by the property so used.
The Contracting Party shall waive the rights of rescue of a ship or cargo at sea against any other Contracting Party, provided that the vessel or cargo rescued belongs to another Contracting Party and has been used by its armed forces in connection with the North Atlantic Treaty.
2.
a. In the event of damage caused or caused by the manner referred to in paragraph 1 on other property owned by the Contracting Party and situated within its territory, a single arbitrator selected in accordance with subparagraph (b) of this paragraph - unless otherwise agreed by the Contracting Parties concerned - shall determine the liability of any other Contracting Party and determine the amount of damage.
b. The arbitrator referred to in subparagraph a. shall be selected by agreement between the Contracting Parties concerned from among the citizens of the beneficiary State who have performed or performed a high judicial function. If the Parties concerned are unable to agree on an arbitrator within two months, either Party may request the Chair of the NATO Council representatives to select a person with that qualification.
c. Any decision taken by an arbitrator shall be binding and final on the Parties.
(d) The amount of the refund fixed by the arbitrator shall be distributed in accordance with paragraph 5 (e). (i), (ii) and (iii) of this Article.
e. The remuneration to the arbitrator shall be determined on the basis of an agreement between the Parties concerned and, together with the necessary costs related to the performance of their duties, shall be paid equally by the Parties.
f. However, each Contracting Party shall waive its claim where the damage is less than:
| Belgie: | 70.000 BFr | Lucembursko: | 70.000 LFr |
| Kanada: | 1.460 CAD | Nizozemí: | 5.320 Fl |
| Dánsko: | 9.670 Kr | Norsko: | 10.000 Kr |
| Francie: | 490.000 FFr | Portugalsko: | 40.250 Es |
| Island: | 22.800 Kr | Spojené království: | 500 GBP |
| Itálie: | 850.000 Li | Spojené státy: | 1.400 USD. |
Any other Contracting Party whose property has been destroyed in the same incident shall also waive its entitlement to the abovementioned amount. In the event of significant differences in the foreign exchange rate between those currencies, the Contracting Parties shall agree on the appropriate adjustment of those amounts.
3. For the purposes of paragraphs 1 and 2 of this Article, the term "owned by a Contracting Party 'in the case of a vessel shall, in the case of a vessel, refer only to basic equipment, hired or otherwise provided by that Party as a ship with only basic equipment and unmanned or acquired as prey by that Party (except where the risk of loss or liability is borne by a person other than that Contracting Party).
4. Each Contracting Party shall waive all claims against the other Contracting Party in connection with the injury or death of any member of its armed forces, if that member has been in the service.
5. Entitlements (other than contractual entitlements and those covered by paragraph 6 or 7 of this Article) arising from acts or omissions by members of the armed forces or civilian component which have taken place in the course of the service or arising from any other act, omission or event for which the armed forces or civilian component are legally responsible and which cause damage to a third party other than a Party in the territory of the recipient State shall be dealt with by the receiving State in accordance with the following provisions:
a. Entitlements shall be registered, debated and dealt with or judged in accordance with the laws and regulations of the recipient State with regard to claims arising from the activities of its own armed forces.
b. The beneficiary State may address any such claims and payment agreed or the amount determined by the court shall be made by the beneficiary State in its currency.
c. Such payment, whether by agreement or by judicial decision of the case by the competent court of the beneficiary State or by the final decision of that court rejecting payment, shall be binding and irrefutable on the parties.
(d) Any case of payment of compensation by the beneficiary State shall be notified to the sending States concerned, together with the full details and proposal for compensation in accordance with the following subparagraphs (i), (ii) and (iii). If no reply is received within two months, the proposed compensation shall be deemed to have been received.
e. Costs incurred in meeting claims under the preceding subparagraphs and paragraph 2 of this Article shall be allocated among the Contracting Parties as follows:
(i) If only one sending State is responsible, the amount imposed by the court is shared in proportion to 25% by the beneficiary State and 75% by the sending State.
(ii) If more than one State is liable for damage, the amount imposed by the court shall be distributed equally between those States; However, if the beneficiary State is not one of the States responsible, it shall contribute an amount equal to half of the amount of each sending State.
(iii) If the damage was caused by the armed forces of the Contracting Parties and it is not possible to attribute it specifically to one or more armed forces, the amount granted or imposed by the court shall be distributed equally between the Contracting Parties concerned; However, if the recipient State is not one of the States whose armed forces have caused such damage, it shall contribute an amount equal to half of the amount of each sending State concerned.
(iv) Every six months, a statement of the amounts paid by the beneficiary State during the previous six months shall be sent to the sending States concerned in respect of each case where the proposed division has been accepted on a percentage basis, together with a request for reimbursement. This reimbursement shall be made as soon as possible and in the currency of the beneficiary State.
f. Where the application of the provisions of sub-paragraphs b. and e. of this paragraph is likely to cause serious difficulties to a Contracting Party, that Party may request the NATO Council to deal with the case in another way.
g. No legal proceedings shall be brought against a member of the armed forces or a civilian component in order to enforce any decision taken against him in the recipient State in respect of a matter arising from the performance of his or her duties.
h. Except where the claims referred to in paragraph 2 of this Article are subject to the provisions of subparagraph e.
6. Entitlements in respect of members of the armed forces or of the civilian component resulting from infringements or omissions in the recipient State committed outside the performance of official duties shall be dealt with as follows:
a. The authorities of the beneficiary State shall consider the amount of compensation requested and fix the compensation to the person claiming the claim, honestly and fairly, taking into account the circumstances of the case, including the behaviour of the injured party and shall draw up a report on the matter.
b. This report shall be delivered to the authorities of the sending State which shall decide without delay whether to offer payment ex gratia and, if so, to what extent.
c. Where an ex gratia payment is offered and is accepted by a person claiming full reimbursement of his claim, the authorities of the sending State shall make the payment themselves and inform the authorities of the receiving State of his decision and of the amount paid.
d. None of the provisions of this paragraph shall be affected by the jurisdiction of the courts of the recipient State to bring proceedings against a member of the armed forces or a civilian component if the claim has not been met in full.
7. Entitlements resulting from the illegal use of any vehicle of the armed forces of the sending State shall be dealt with in accordance with paragraph 6 of this Article, except in cases of legal liability of the armed forces or of the civilian component.
8. Where there is a dispute as to whether an infringement or omission of a member of the armed forces or of a civilian component has taken place in the performance of official duties or whether the use of a vehicle of the armed forces of the sending State has been unauthorised, the dispute shall be referred to the arbitrator appointed in accordance with paragraph 2 (b) of this Article and its decision on the matter shall be final and irrefutable.
9. The sending State shall not claim immunity from the judicial jurisdiction of the receiving State within the meaning of the civil jurisdiction of the courts of the receiving State, except in the case referred to in paragraph 5 (g) of this Article.
10. The authorities of the sending and receiving States shall cooperate in obtaining evidence for fair hearing of the case before the courts and in settling the claims which are the subject of the dispute between the Parties.
1. Members of the armed forces or civilian forces and persons dependent on them may purchase the local goods necessary for their own consumption and use the services they need under the same conditions as citizens of the recipient State.
2. Goods which are required from local sources to ensure the existence of the armed forces or the civilian component will normally be bought through institutions which purchase such goods for the armed forces of the recipient State. In order to avoid the negative impact of such purchases on the economy of the beneficiary State, the competent authorities of that State shall, if necessary, designate items whose purchase should be restricted or prohibited.
3. Under contracts already in force or contracts which could be concluded later in the future between authorised representatives of the sending and receiving States, the authorities of the receiving State shall assume full responsibility for drawing up appropriate arrangements for the provision of buildings and land for the armed forces or the civilian component as required by them, as well as the facilities and services related thereto. Such contracts and arrangements shall, as far as possible, be in accordance with the rules governing accommodation of similar staff of the beneficiary State. Unless otherwise provided for in a specific contract, the rights and obligations arising from the occupation or use of such buildings, land, equipment and services shall be determined by the laws of the beneficiary State.
4. The requirements of the armed forces or the civilian component for the work of the local civilian population shall be met in the same way as the comparable requirements of the recipient State and in cooperation with the authorities of the recipient State through the work offices. Conditions of employment, namely wages, allowances and conditions of protection for workers shall be laid down by the law of the beneficiary State.
These civilian personnel employed by the armed forces or civil forces shall under no circumstances be considered as members of such armed forces or civil forces.
5. If the armed forces or civilian component do not have adequate medical or dental services at the place where they are deployed, its members and dependants may use medical or dental services, including hospitalisation, under the same conditions as comparable staff of the recipient State.
6. The beneficiary State shall consider, in the most favourable manner possible, requests for travel benefits and discounts for members of the armed forces or the civilian component. These travel benefits and discounts will be the subject of specific agreements between the governments involved.
7. On the basis of general or specific agreements between the Parties, the authorities of the armed forces shall without delay ensure payments in local currency for goods, accommodation and services provided under paragraphs 2, 3, 4 and, if necessary, in accordance with paragraphs 5 and 6 of this Article.
8. The armed forces or the civilian component, or their members or persons dependent on them, shall not be exempt under this Article from the obligation to pay taxes or charges for purchases and services subject to taxation under the tax legislation of the recipient State.
1. Where the tax burden on any form of taxation in the recipient State depends on the place of residence or residence, the periods of time when a member of the armed forces or of the civilian component lives in the territory of the recipient State solely on the grounds that he is a member of such armed forces or of the civilian component shall not be considered as permanent residence or as a period of time for the purpose of such taxation. Members of the armed forces or of the civilian component shall be exempt in the recipient State from the salary and other income tax paid by the sending State as such and shall also be exempt from tax on all tangible movable property situated in the recipient State solely because of their temporary presence in that State.
2. None of the provisions of this Article shall exempt a member of the armed forces or a civilian component from tax in respect of a gainful activity other than his employment as such in the recipient State and, with the exception of salary and other income and tangible movable property referred to in paragraph 1, any of the provisions of this Article shall exempt a member of the armed forces or of the civilian component from tax imposed under the laws of the recipient State, even if he is considered to be a person with a place of residence or permanent residence outside the territory of the recipient State, since that member is subject to the legislation of that State.
3. Nothing in this Article shall apply to "customs duties' as defined in paragraph 12 of Article XI.
4. For the purposes of this Article, the term "member of the armed forces' shall not include any person who is a citizen of the recipient State.
1. Unless expressly provided for in this Agreement, members of the armed forces or of the civilian component, as well as persons subject to them, shall be subject to the laws and regulations applied by the customs authorities of the recipient State. In particular, the customs authorities of the beneficiary State shall have the right, on the basis of the general conditions laid down by the laws and regulations of the recipient State, by members of the armed forces or of the civilian component, and by persons dependent on them to inspect and control the contents of their luggage and vehicles and to confiscate certain goods on the basis of those laws and regulations.
2.
a. The temporary importation and re-export of service vehicles of the armed forces or of the civilian component shall be exempt from customs duty upon presentation of a triptic in the form set out in the Annex to this Agreement.
(b) the temporary importation of such vehicles, which shall not take place on their own axis, shall be subject to the provisions of paragraph 4 of this Article and their re-export in accordance with paragraph 8.
c. Service vehicles of the armed forces or civil forces shall be exempt from all taxes payable in connection with the use of roads.
3. Official documents bearing an official stamp shall not be subject to a customs inspection. However, regardless of their status, couriers carrying such documents shall have an individual travel order issued in accordance with paragraph 2 (b) of Article III. This travel order shall indicate the number of consignments transported and the confirmation that such consignments contain only official documents.
4. The armed forces may import duty-free their techniques and adequate quantities of food, supplies and other goods for the sole use of the armed forces and, where such use is permitted by the recipient State, for the need of the civilian component and of the dependants. In the event of such duty-free import, a certificate shall be deposited in the customs office together with the customs documents provided for, in a form agreed between the recipient and the sending State and signed by a person authorised by the sending State for that purpose. The designation of the person empowered to sign these certificates, the models of the relevant signatures and stamps shall be sent to the customs administration of the beneficiary State.
5. A member of the armed forces or a civilian component arriving for the first time on official duty in the recipient State, or persons dependent on it for the first time in order to join that member may, for the duration of the secondment, import their personal effects and furniture duty-free.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No 297 / 1996 Coll., on the negotiation of the Agreement between the Member States of the North Atlantic Treaty and other States participating in the Partnership for Peace on the Statute of their Armed Forces and Additional Protocol to the Agreement between the Member States of the North Atlantic Treaty and other States participating in the Partnership for Peace on the Statute of their Armed Forces |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.12.1996 |
|---|---|
| Effective from | 26.04.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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