Agreement between the Government of the Republic of Lithuania and the Government of the Republic of Turkey on Defence Industrial Cooperation


Published: 2004-07-02

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AGREEMENT
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA
AND
THE GOVERNMENT OF THE REPUBLIC OF TURKEY
ON DEFENCE INDUSTRIAL COOPERATION
 
 
The Government of the Republic of Lithuania and the Government of the Republic of Turkey (hereinafter referred to as the Parties),
 
Noting the provisions of the Agreement between the Government of the Republic of Lithuania and the Government of the Republic of Turkey on the Cooperation in the Area of Military Training, Technics and Science, dated September 1995,
 
Emphasizing that the friendship and cooperation relations, which will be further developed and strengthened on the basis of the principles of mutual interest and equity of rights, will contribute to mutual interests of both countries,
 
Desiring to develop the defence industrial cooperation, have agreed as follows :
 
ARTICLE 1
PURPOSE
 
The purpose of this Agreement is to establish a more effective cooperation between the Parties in the fields of research, development and production of the defence items, material and equipment, procurement and the related logistic support and in technical field as well as the defence industrial cooperation by strengthening the defence industrial capabilities of both countries.
 
ARTICLE 2
DEFINITIONS
 
1. "Sending Party" means the Party that sends its personnel, defence items, material and equipment to the territory of the State of the Receiving Party for implementation of this Agreement.
2. "Receiving Party" means the Party that receives personnel, defence items, material and equipment from the Sending Party on the territory of its State for the purpose of this Agreement.
3. "Defense items, material and equipment" means arms, ammunition, explosives, fight equipment, special devices, military equipment and the necessary items, equipment and materials for their production.
4. "Technical activity" means research, production and technology of the defense items, material and equipment and technical services.
5. "Technical services" means services related to the production, maintenance and modification of the defense items, equipment and material.
6. "Competent Institution" means in the Republic of Lithuania the Ministry of Defence, in the Republic of Turkey the Ministry of National Defence.
7. "Quality Assurance" means functions and activities that must be guaranteed so as to provide the quality of defence items, equipment, material and technical services.
8. “Classified information” means documents, materials, works, products and other objects, contents whereof and information where about is considered a state or official secret and that shall be protected against loss and illegal disclosure and that have the security classification level prescribed by their respective national laws and regulations of the Parties.
9. “Joint Committee” means the committee established according to the provisions of this Agreement.
10. “Personel of the Party” means military personnel of the armed forces and sivil cervants assisted to those forces.
 
ARTICLE 3
FIELD OF COOPERATION
The Parties will cooperate in the following fields :
1. Design, production, maintenance, services for defence items, material and equipment,
2. Technical activities,
3. Research and other scientific activities related to the defence items, equipment, material and technical services,
4. Joint acquisition and sale of defence items, equipment, material and technical  activities,
5. Initiation of the joint programs on the production, modernisation, maintenance of defence items, equipment, material and technical services, also on the research,
6. Mutual assistance in the fields of production, repair, maintenance of defence items, equipment, material and modernisation of the production,
7. Exchange of technical and scientific information,
8. Sale of the end items jointly manufactured in common projects to the third countries by mutual agreement.
9. Participation in the activities (fairs, exhibitions, conferences, seminars, etc.) organised on the territories of both Parties,
10. Information exchange on the defense industrial standards and quality assurance systems used  by the Parties and exchange of the related documents without prejudice to the provisions of the bilateral or multilateral agreement and/or agreements that the Parties signed before.
 
ARTICLE 4
IMPLEMENTATION PRINCIPLES
 
1. The concrete cooperation forms and other cooperation implementation details defined in this Agreement shall be established in the concluded agreements by the competent institutions of the Parties.
2. The cooperation shall be built on the principles of mutual and equality of rights, taking into account the interests and requirements of the Parties.
3. The Parties shall cooperate only in the matters concerning their own defense industries. The inclusion of third party to this cooperation is possible in case of mutual agreement of the Parties.
4. The competent institutions of the Parties, according to the Parties requirements may conclude annual cooperation plans on the basis of principles of this Agreement.
5. The Parties shall assess and take the decisions concerning the invitation of the third countries to participate in joint production projects between the Republic of Lithuania and the Republic of Turkey by mutual agreement.
 
ARTICLE 5
QUALITY ASSURANCE
 
The standards of defence items, equipment, material and technical services shall be determined by way of negotiations between the relevant organisations of the Parties according to their national legislation until the Parties will conclude an Agreement in the field of “Quality Assurance”.
 
ARTICLE 6
JOINT COMMITTEE
 
1. The Joint Committee may be formed in order to implement the provisions of this Agreement, and its members will represent both Parties.
2. The Joint Committee is responsible for organization and coordination of cooperation between the Parties in the areas, which are foreseen in this Agreement.
3. Each of the Parties can be represented in the Joint Committee by no more than seven members. The experts can be invited to the Joint Committee. The Joint Committee will meet under the Co-Chairmanship of the Parties. The Parties will host the Joint Committee meetings in rotation.
4. The Joint Committee will meet on mutual agreement of the Parties.
5. All  themes and topics on the Joint Committee agenda must be specified at least 30 days prior to its agreed meeting.
 
ARTICLE 7
FINANCIAL PROVISION
1. The cooperation activities in accordance with this Agreement will be covered on a reciprocal principle with following regulations :
a. The Receiving Party will cover the following expenditures :
- food and accommodation costs;
- transportation costs within the program of the visit;
- emergency medical and dental care costs on the territory of the Receiving Party;
b. The Sending Party shall cover the following expenditures :
- travel costs to and from the territory of the Receiving Party;
- personnel insurance costs including health insurance;
- any other expenses, except those mentioned in the paragraph a) of this Article.
2. Principles mentioned in paragraph 1, subparagraph a) and b) shall not be applicable to groups consisting of more than ten people, including support personnel (drivers, interpreters, etc.). The financing principles applicable to such groups shall be established on a case-by-case basis by a separate agreement concluded between the competent institutions of both Parties.
 
ARTICLE 8
THE PROTECTION OF THE CLASSIFIED INFORMATION
 
1. The Party getting classified information according to the provisions of Article 8,      paragraph 2, will grant analogous security classification level for the classified information as it was granted by the Party that arranged the information.
2. The Parties assume that the following classification levels correspond fully with each other:
The Republic of Turkey
The Republic of Lithuania
English equivalent
HİZMETE ÖZEL
RIBOTO NAUDOJIMO
RESTRICTED
ÖZEL
KONFIDENCIALIAI
CONFIDENTIAL
GİZLİ
SLAPTAI
SECRET
ÇOK GİZLİ
VISISKAI SLAPTAI
TOP SECRET
 
3. On the basis of their own regulations the Parties shall implement any measures aimed at protection of classified information received under the terms of this Agreement from the other Party. They ensure for this information at least the same protection as it is required for their own classified information denoted with adequate security classification level.
4. Classified information exchanged under the terms of this Agreement shall exclusively be used in accordance with the aim it has been transferred.
5. Classified information shall not be made accessible by the Parties to the third persons without prior consent of the appropriate organ or an authorised person of the Party which classified the information.
6. Classified information exchanged under the terms of this Agreement can be made accessible only to those persons whose duties require to know it and who have been authorised for access to it after requisite security clearance. Security clearance has to be equally stringent as the security clearance carried out in order to grant access to the national classified information denoted with adequate classification level.
7. Classified information shall be carried by diplomatic or military couriers. An adequate organ shall confirm the receipt of classified information and transfer it in accordance with national regulations pertaining to protection of classified information.
8. If one of the Parties finds out the unauthorised disclosure of classified information of the other Party it shall immediately notify this Party of this fact. Breaches of legal requirements concerning protection of classified information are determined and investigated by the competent institutions and according to the national laws and regulations of the Party on which territory the breach took place. This Party shall notify the other as soon as possible on the results of undertaken investigation.
9. Any classified information exchanged between the Parties under the terms of this Agreement shall also be protected by the Parties according to their national regulations after termination of this Agreement.
 
ARTICLE 9
COMMITMENTS OF THE PARTIES IN ACCORDANCE WITH OTHER
INTERNATIONAL AGREEMENTS
 
This Agreement will not affect the commitments of the Parties which stem from the other international agreements to which both are parties.
 
 
ARTICLE 10
STATUS OF FORCES AND MILITARY AND CIVILIAN PERSONNEL
 
1. The provisions of 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, signed in Brussels on 19 June 1995, will prevail.
 
ARTICLE 11
ENTRY INTO FORCE, AMENDMENTS AND
SETTLEMENT OF DISPUTES
 
1. This Agreement will enter into force on the date of which the Parties shall notify each other that the legal requirements of entry into force of the present Agreement have been completed.
2. This Agreement is concluded for a five-year period. It may be extended for another two years unless one of the Parties, not later than 6 months before the expiry of the present Agreement, notifies the other Party about its intention to terminate the present Agreement.
3. This Agreement may be revised and amended by a mutual arrangement of the Parties. In such a case the Parties shall start negotiation on the above mentioned revision or amendment within 30 days. The revision or amendment of this Agreement, which was agreed upon, will come into force in accordance with the provision of paragraph 1 of this Article. All  revisions and amendments shall be done in writing.
4. Disputes between the Parties regarding the interpretation or application of this Agreement shall be resolved exclusively by the Parties by consultations.
 
Done in Miunchen on 7 of February 2004 in two original copies in the Lithuanian, Turkish and English languages. All texts are equally authentic. In case of different interpretation, the English text shall prevail.
 
 
FOR THE GOVERNMENT OF THE                                     FOR THE GOVERNMENT OF THE
REPUBLIC OF LITHUANIA                                                 REPUBLIC OF TURKEY
________________