Convention between the States participating in the multinational brigade of high readiness for operations of the United Nations concerning the legal status of their troops, together with the Declaration of the Republic of Argentina;
Protocol on the Status of International Military Headquarters established under the North Atlantic Treaty

The National Council has decided:

The conclusion of the following State Treaty, together with the Declaration of the Republic of Argentina, is hereby approved.

(Translation)

Convention between the States participating in the multinational brigade of high readiness for operations of the United Nations on the legal status of their troops

The States participating in the Multinational Brigade of High Readiness Intervention Forces for United Nations Operations (SHIRBRIG) are

Having regard to the Memorandum of Understanding concerning cooperation in the field of the United Nations Multinational Brigade of High-level Intervention Troops, first signed by Denmark on 15 December 1996, and

Having regard to the Memorandum of Understanding on the Steering Committee, which was first signed by Denmark on 9 March 1997, and

Bearing in mind the memorandum of understanding on the activities, financing of the administration and the legal status of the planning element of the United Nations Multinational Brigade, a high-readiness intervention force first of all from Denmark to the United Nations 14 March 1997

Having regard to the Memorandum of Understanding on the activities, financing of the administration and the legal status of the United Nations Multinational Brigade, which was made up of high-readiness intervention forces, first of all, by Denmark on 16 April 1998. has been signed,

Having regard to the fact that the troops of a Contracting State of this Convention may be sent to and accepted into the territory of another Contracting State by separate agreement,

However, in order to regulate the legal status of these troops during their stay in the territory of another Contracting State,

in accordance with the following:

Article I

Definitions

1. In this Convention, the expression:

(a) 'SHIRBRIG' means 'the multinational brigade of high readiness for operations of the United Nations', which is a highly willing multinational brigade already formed (not standing), composed of: Contributions to the, "United Nations Stand-by Arrangements System", which can be offered in accordance with national decisions to carry out peacekeeping missions on behalf of the United Nations,

(b) 'planning element' means the multinational element which forms a permanent part of the SHIRBRIG staff and which has been set up to assist the brigade in the exercise of operational preparatory tasks, and which shall then be responsible for the operation of the The core of the SHIRBRIG Stabes used is

(c) "SHIRBRIG activities" shall include, in addition to the day-to-day activities of the planning element, all operational preparatory activities such as conferences, meetings, training and exercises.

Article II

Applicable Documents

1. Unless otherwise provided in this Convention, States Parties shall apply this Convention.

(a) In respect of SHIRBRIG activities which take place on the territory of a Contracting State, the following provisions shall apply in accordance with the following provisions:

i.			The Agreement between the parties to the North Atlantic Treaty on the legal status of their troops; decided in London on 19 June 1951, hereinafter referred to as NATO SOFA, and
ii.			the Convention between the States Parties to the North Atlantic Treaty and the other States participating in the Partnership for Peace on the status of their troops, decided in Brussels on 19 June 1995, hereinafter referred to as the "PfP SOFA" , and the Additional Protocol to the PfP SOFA, adopted in Brussels on 19 June 1995, hereinafter referred to as the PfP Additional Protocol, and taking into account the reservations and declarations made by the States Parties to those agreements,

(b) In respect of the activities of the SHIRBRIG planning element, in addition to the provisions referred to in paragraph 1 (a) of this Article, in addition to the provisions of paragraph 1 (a) of this Article, the provisions of the Protocol on the legal status of the Danish territory shall be based on the provisions of The North Atlantic Treaty established international military headquarters, decided in Paris on 28 August 1952, hereinafter referred to as the Paris Protocol.

For the purpose of applying the provisions of the Conventions referred to in paragraph 1, the following interpretation shall apply:

(a) With regard to matters within NATO SOFA, which provide that requests and disagreements, the North Atlantic Council, the Chairman of the North Atlantic Council representative or an arbitrator shall be submitted, these provisions of NATO shall be To interpret SOFA in such a way that the matter is to be resolved by the States Parties concerned under the application of Article V of this Convention,

(b) Under the "Contracting State/States Parties to the North Atlantic Treaty" referred to in the applicable documents, the States Parties to this Convention shall be understood as:

(c) The territory of the North Atlantic Treaty referred to in the relevant documents shall be understood to mean the State of the States Parties to this Convention;

(d) The SHIRBRIG planning element is to be understood under the "Allied Headquarters" referred to in the applicable documents.

Article III

Compensation procedure

In order to ensure reciprocity between the parties with respect to the waiver of claims up to a certain level under Article VIII (2) (f) of NATO SOFA, the amount referred to in this Article for Denmark (DKK 9,670) shall be for all Parties to the Agreement.

Article IV

Limitations

The present Convention shall affect non-existing international conventions or agreements.

Article V

Settlement of disagreements

Any differences of opinion between the States Parties with regard to the interpretation or application of this Convention shall be annexed by negotiations between the States Parties.

Article VI

Changes

This Convention may be amended by consensus of all States Parties. Such amendments shall enter into force in accordance with Article VIII (1) of this Convention.

Article VII

Ratification and signature

1. This Convention shall be signed for signature by each State which shall issue the Memorandum of Understanding on the activities, financing of the administration and the status of the planning element of the United Nations Multinational Brigade High-readiness intervention troops and/or the Memorandum of Understanding on the activities, financing of the administration and the status of the United Nations Multinational Brigade, which has been made up of high-readiness intervention forces.

2. This Convention shall be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Government of Denmark, which shall notify all signatory States of any deposit.

This Convention shall be subject to accession by any State which has signed the Memoranda of Understanding referred to in paragraph 1 after the entry into force of this Convention.

Article VIII

In-force pedals

This Convention shall enter into force sixty days after the deposit of the instrument of ratification, acceptance or approval by three signatory States with regard to those States. With regard to all other signatory States, it shall enter into force sixty days after the date of deposit of the instruments of ratification, acceptance or approval. The provisions relating to the legal status of the planning element referred to in the first subparagraph of Article II of this Convention shall enter into force after the ratification of the Convention by Denmark.

2. The exchange of notes between the Government of Denmark and any other signatory State concerning the legal status of the planning element of the United Nations Multinational Brigade, made up of high-readiness intervention forces and its staff. 1 , shall not enter into force with the date on which this Agreement enters into force between Denmark and the signatory State concerned.

3. The present Convention shall be registered by the Government of Denmark with the Secretary-General of the United Nations.

Article IX

Resignation

Each State Party may withdraw from this Convention by written notification of its resignation to the Government of Denmark, which shall notify all signatory States of such notification. The resignation shall take effect one year after the receipt of the notification by the Government of Denmark. After the expiry of this period of one year, this Convention shall not enter into force for the resigning party except for the fulfilment of all outstanding obligations which arose before the date of the resignation of the resignation; it remains but in force for the remaining Contracting States.

The undersigned of this Convention, which have been duly authorized by their Governments, have been signed by Urkand.

Done at Copenhagen on 13 December 2001, in English in a single original, deposited in the archives of the Government of Denmark. The Government of Denmark shall send certified copies of certified copies to all signatory States.

Argentina-with enclosed declaration

Austria

Canada

Denmark

Finland

Italy

Netherlands

Norway

Poland

Romania

Sweden

The Republic of Argentina regards the SHIRBRIG SOFA as an independent and independent legal instrument. Consequently, the Republic of Argentina makes the following statement: the Republic of Argentina has not given its consent, through the standards of the North Atlantic Treaty Organization or its Convention on the Status of its Troops (SOFA), or be bound by the Partnership for Peace or its Convention on the Status of its Troops or other provisions thereto, with the exception of the SHIRBRIG Convention on the Status of Forces. Therefore, references in this Convention to the North Atlantic Treaty Organization or to the Partnership for Peace are not to be interpreted as assigning any powers or responsibilities to these institutions.

(Translation)

Protocol on the Status of International Military Headquarters established under the North Atlantic Treaty

The parties to the North Atlantic Treaty signed in Washington on 4 April 1949,

NOTING that, under the North Atlantic Treaty, international military headquarters may be established in their territory by means of special arrangements,

IN THE DESIRE to determine the legal status of these headquarters and their staff in the North Atlantic Treaty,

Having regard to the Protocol to the Agreement on the Status of its Forces signed in London on 19 June 1951:

ARTICLE 1

In this Protocol, the expression

a)		"Agreement" means the agreement on the legal status of its troops signed in London on 19 June 1951 by the parties to the North Atlantic Treaty;
b)		"Supreme Headquarters" the Supreme Headquarters of the Allied Powers, Europe, the headquarters of the Supreme Allied Commander Altantik, as well as any relevant international military established under the North Atlantic Treaty Headquarters;
c)		"Allied Headquarters" of each Supreme Headquarters and each of the International Military Headquarters established under the North Atlantic Treaty, which is directly subordinate to a Supreme Headquarters;
d)		"North Atlantic Council" means the Council established in accordance with Article IX of the North Atlantic Treaty or the subordinated bodies authorised to act on its behalf.

ARTICLE 2

Subject to the following provisions of this Protocol, the Agreement shall apply to Allied headquarters established in the territory of a party to this Protocol in the territory of the North Atlantic Treaty, and to the Military and civilian personnel of these headquarters and their relatives within the meaning of Article 3 (1) (a), (b) and (c), where such staff are in connection with their duties or if their relatives are in connection with the Duties of the spouse or parent in such territory stop.

ARTICLE 3

(1) For the purposes of applying the Agreement to an Allied Headquarters, the terms 'force', 'civil order' and 'relative' contained in the Agreement shall be as follows:

a)		"Force" means the personnel assigned to an Allied Headquarters belonging to the Land, Sea or Air Force of a Party of the North Atlantic Treaty;
b)		"civilian entourage" means civilian personnel, in so far as they are not stateless persons or nationals of a State which is not a party to the North Atlantic Treaty, or nationals of the host State or persons who are nationals of the State of the North Atlantic Treaty or of persons who are nationals of the State of the North Atlantic Treaty. habitual residence, which
i)			is allocated to the Allied Headquarters and is employed by the Armed Forces of a North Atlantic Treaty party, or
ii)			belongs to the groups of the Allied Headquarters designated by the North Atlantic Council of Civil Personals;
c)		"A member" means the spouse of a member of a force or of a civil success in the sense of the lit. a and b as well as a child dependent on the member.

(2) For the purposes of Articles II, V (2), VII (10), IX (2), (3), (4), (7) and (8) and (XIII) of the Convention, an Allied Headquarters shall be considered as a force.

ARTICLE 4

The rights and obligations of the sending State or its authorities with respect to its troops, civilian order or members of the Agreement shall be subject to an Allied Headquarters and to its staff and their families, to which the Agreement referred to in Article 2 of this Protocol applies, to the competent High Headquarters and to the authorities under the authority of the competent authorities, but subject to the reservation,

a)		that the right to exercise criminal and disciplinary jurisdiction conferred on the military authorities of the sending State by Article VII of the Convention shall be transferred to the military authorities of the State whose military law the person concerned, if appropriate, is subject to;
b)		that the duties imposed on the sending State or its authorities by Articles II, III (4), VII (5a) and (6a), VIII (9) and (10) and (XIII) of the Agreement shall be subject to both the Allied Headquarters and the State, the latter of which shall: armed forces, even if their members or employees or their dependants are affected;
c)		for the purposes of Article III (2a) and (5) and (XIV) of the Convention relating to members of a force and their nationals, the sending State is the State to whose armed forces the Member belongs, and in respect of members of a civil service Gefolges and their nationals of the State in whose armed forces the Member is, where appropriate, employed;
d)		that the obligations imposed on the sending State on the basis of Article VIII (6) and (7) of the Agreement shall be the responsibility of the State to whose armed forces the person whose act or omission is based on the claim and in respect of a Member of a civil suit to the State in whose armed forces it is employed, or, if such a State is not present, the Allied Headquarters to which the person concerned belongs.

With regard to the appointment of an arbitrator in accordance with Article VIII (8) of the Agreement, the rights of the sending State shall be exercised by both the Allied Headquarters and the State, to which, where appropriate, the State in which the arbitrator is appointed shall be appointed. shall be subject to the provisions of this paragraph.

ARTICLE 5

Each member of an Allied Headquarters must be in possession of an identity card issued and provided with a photograph, in the name and first name, date and place of birth, nationality, rank or degree of service, Identification number (if any) and validity period are entered. The card must be shown on request.

ARTICLE 6

(1) The obligation imposed on the Contracting Parties by Article VIII of the Agreement to waive claims shall be the responsibility of both the Allied Main Quarters and any party to this Protocol under consideration.

(2) For the purposes of Article VIII (1) and (2) of the Agreement,

a)		Assets belonging to an Allied Headquarters or a Party of this Protocol shall be deemed to be assets used by an Allied Headquarters, as assets belonging to a Contracting Party and used by its armed forces;
b)		shall be deemed to have been caused by a member of a force or of a civil success within the meaning of Article 3 (1) of this Protocol or by another official of an Allied Headquarters, as a member of a member of a member of the Allied Forces, or a staff member of the armed forces of a Contracting Party;
c)		the definition of the term 'belonging to a Contracting Party' contained in Article VIII (3) of the Agreement shall be applied to an Allied Headquarters.

(3) The claims to which Article VIII (5) of the Agreement applies shall include claims (excluding contractual claims and claims to which paragraphs 6 and 7 of the said Article shall apply), resulting from the fact that: by acts or omissions of staff of an Allied Headquarters or by any other act, omission or event for which an Allied Headquarters is legally responsible, in the territory of a Host State to a third party, with the exception of one of the parties to this Protocol, Damage has been done.

ARTICLE 7

(1) The tax exemption granted to members of a force or of a civil success for their earnings and income on the basis of Article X of the Agreement shall be the staff of an Allied Headquarters within the meaning of Article 3 (1a) and (b) this Protocol shall be granted in respect of the income and income paid to him, in his capacity as such staff, by the armed forces to which he or she is a member, but on the understanding that this paragraph shall be paid to him or her by the armed forces which he or she is a member of. Members and staff are not exempt from taxes levied by their home state.

(2) Staff of an Allied Headquarters belonging to the groups designated by the North Atlantic Council shall be exempt from taxes on earnings and income earned by them in their capacity as such staff from the Allied Headquarters to be paid. However, each Party of this Protocol may conclude an agreement with the Allied Headquarters to the effect that it shall have its own nationals (at the request of the Contracting Party, with the exception of those who do not habitually reside in the (b) the territory of that Contracting Party shall, in the case of the Allied Headquarters, present itself and assign it to the Headquarters; the references and income of such persons shall be deducted from the resources of that Contracting Party in accordance with the shall be paid. The income and income may be taxed by the Contracting Party concerned, but shall be exempted from taxation by another Contracting Party. If such an agreement is subsequently amended or repealed by a party to this Protocol, the parties to this Protocol shall no longer be obliged to comply with the provisions of the first sentence of this Protocol and to the remuneration and income paid to their nationals. to grant tax freedom.

ARTICLE 8

(1) In order to facilitate the establishment, construction, maintenance and operation of the Allied Headquarters, they shall be exempted from fees and charges in respect of expenditure incurred in the interests of the common defence, if possible and for the sole purpose of service; each Party of this Protocol shall enter into negotiations with the Allied Main Quarters operating within its territory, with the aim of concluding corresponding agreements.

(2) An Allied Headquarters shall have the rights granted to a force in accordance with the provisions of Article XI of the Agreement.

(3) Article XI (5) and (6) of the Convention shall not apply to nationals of the host State, unless they belong to the armed forces of another party to this Protocol.

(4) The term "fees and charges" in this Article shall not include remuneration for services rendered.

ARTICLE 9

Unless the North Atlantic Council decides otherwise, the following shall apply:

a)		Assets acquired from and no longer required by the international funds of the Allied Headquarters ' s investment budget shall be sold in accordance with agreements approved by the North Atlantic Council; the proceeds shall be sold in the relationship with or credited to the parties to the North Atlantic Treaty, in which they contributed to the investment costs of the Headquarters. The host Member State shall have the right to pre-empt the immovable property which has been sold in its territory in such a manner, provided that it does not offer less favourable conditions than a third party.
b)		Land, buildings and fixed facilities, which have been made available for use by the host State to an Allied Headquarters (except for a nominal charge) and are no longer required by the said State, are return to the host State; any increase or loss of value arising as a result of the use by the Headquarters of the assets made available by the host State shall be returned by the North Atlantic Council (taking into account all relevant provisions) (a) the legislation of the host Member State) and in the ratio The parties to the North Atlantic Treaty shall be distributed or credited to them, in which they contributed to the investment costs of the Headquarters.

ARTICLE 10

Each Supreme Headquarters has legal personality; it may conclude contracts and acquire and dispose of assets. However, the host State may make the exercise of this capacity dependent on special arrangements between it and the Supreme Headquarters or a subordinated Allied Headquarters acting on behalf of the Supreme Headquarters.

ARTICLE 11

(1) Subject to the provisions of Article VIII of the Convention, a Supreme Headquarters may sue and be sued in court. However, the Supreme Headquarters or an Allied Headquarters authorised by it may agree with the host Member State that this State shall, before its courts, in all proceedings in which the Supreme Headquarters Process Party shall be replaced by.

(2) No enforcement measures or measures aimed at the seizure or seizure of his assets or resources shall be taken against an Allied Headquarters, unless for the purposes of Article VII (6a) and (XIII) of the agreement.

ARTICLE 12

(1) For the management of its international budget, an Allied Headquarters may have any means of payment of any kind and may maintain accounts in any currency.

(2) The Contracting Parties to this Protocol shall, at the request of an Allied Headquarters, facilitate the transfer of its funds from one country to another and the conversion of all means of payment in its possession to any other country. Currency where necessary to meet the needs of an Allied Headquarters.

ARTICLE 13

The archives and other official documents of an Allied Headquarters kept in the premises used by the Headquarters, or in the possession of one of its duly authorised members, shall be: shall be inviolable, unless the Headquarters have waived such immunity. At the request of the host Member State and in the presence of its representative, the Headquarters shall examine the nature of the documents in order to determine whether they fall under the immunity provided for in this Article.

ARTICLE 14

1. This Protocol or the Agreement may, by decision of the North Atlantic Council, be wholly or partly applicable to any International Military Headquarters and any International Military Organization (which shall not be subject to the definitions of the Article 1 lit. (b) and (c) of this Protocol shall be applied) established under the North Atlantic Treaty.

(2) When the European Defence Community is established, this Protocol may be applied to the staff of the European Defence Force assigned to an Allied Headquarters and to its members at a time and be applied in a way that determines the North Atlantic Council.

ARTICLE 15

Any dispute between the Parties to this Protocol or between those Parties and an Allied Headquarters on the interpretation or application of the Protocol shall be settled by negotiations between the parties to the dispute without recourse to on the outside courts. Unless this Protocol or the Agreement expressly provides otherwise, any dispute which cannot be settled by direct negotiations shall be submitted to the North Atlantic Council.

ARTICLE 16

(1) Articles XV and XVII to XX of the Convention shall apply in respect of this Protocol as if they were an integral part thereof, but in such a way as to require a revision, suspension, ratification, termination or extension of the Protocol; or shall be able to accede to it, irrespective of the agreement, in accordance with the provisions of the said provisions.

(2) This Protocol may be supplemented by bilateral agreements between the host Member State and a Supreme Headquarters, and the authorities of the host State and a Supreme Headquarters may agree to any provision of this Protocol. To give effect to the Protocol or to the Agreement in the form of its application by means of the Protocol before ratification by administrative measures.

AT URKUND THEREOF, the undersigned Plenipotentiaries have signed this Protocol.

Done at Paris, on 20 August 1952, in English and French, each text being equally authentic, in a document deposited in the archives of the Government of the United States of America. The Government of the United States of America shall transmit certified copies of certified copies to all signatory States and Acceding States.

For the KINGDOM OF BELGIUM:

André de S t a e r c k e

For CANADA:

A. D. P. H e e n e y

For the KINGDOM OF DENMARK:

Sandager J e p p p e s e n

For the UNITED STATES OF AMERICA:

William H. D r a p e r, Jr

For FRANCE:

Hervé A l p h a n d

For the KINGDOM OF GREECE:

Pan. P i p i n e l i s

For ISLAND:

Gunnlaugur P é t u r s s o n

For ITALY:

A. R o s i s i-L o n g h i

For the GROSSHERZOGTUM LUXEMBOURG:

G. H e i s b o u r g

For the KINGDOM OF NORWAY:

S. Chr. S o m m e r f e l t

For the KINGDOM OF THE NETHERLANDS:

A. W. L. Tjarda v a n S t a r k e n b o r t h o r o r o w o w o r o w o r o r o r o r o r o r o r

For PORTUGAL:

H. Caldeira Q u e í r o z

For the UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND:

F. R. Hoyer M i l l a r

For TURKEY:

Taha C a r i n

[English Agreement text see annexes]

[Paris Protocol, English see annexes]

[Paris Protocol, French see annexes]

The instrument of ratification, signed by the Federal President and countersigned by the Federal Chancellor, was signed on 24 October 2008. The Convention was deposited with the Government of Denmark in October 2003 and the Convention is in accordance with its nature. VIII, paragraph 1, which entered into force on 23 December 2003.

According to the Government of Denmark, the following other countries have ratified the Convention, respectively. approved:

Denmark

Netherlands

Norway

Romania

Bowl