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August 1997. Law Approving The Agreement Between The States Parties To The North Atlantic Treaty And The Other States Participating In The Partnership For Peace On The Status Of Their Forces And The Protocol Made In Brussels On 19 June 1995 (1)

Original Language Title: AOUT 1997. Loi portant assentiment à la Convention entre les Etats Parties au Traité de l'Atlantique Nord et les autres Etats participant au Partenariat pour la Paix sur le Statut de leurs Forces et au Protocole, faits à Bruxelles le 19 juin 1995 (1)

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8 AOUT 1997. Agreement between the States Parties to the North Atlantic Treaty and other States participating in the Peace Partnership on the Status of their Forces and the Protocol, held in Brussels on 19 June 1995 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers are adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. 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 forces and the Protocol, which took place in Brussels on 19 June 1995, will be fully effective.
Art. 3. This Act produces its effects on 19 June 1995.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, August 8, 1997.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Minister of National Defence,
J.-P. PONCELET
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
Convention between the States Parties to the North Atlantic Treaty and other States participating in the Peace Partnership on the Status of their Forces
The States Parties to the North Atlantic Treaty, signed in Washington on 4 April 1949, and the States that accept the invitation to participate in the Partnership for Peace, launched and signed by the Heads of State and Government of the Member States of the North Atlantic Treaty Organization in Brussels on 10 January 1994, and which subscribe to the Framework Document of the Partnership for Peace;
Constituting together the States participating in the Peace Partnership;
Considering that the forces of a State Party to this Convention may be sent and received by arrangement on the territory of another State Party;
Taking into account that decisions to send and receive forces will continue to be subject to separate arrangements between the States Parties concerned;
Desiring, however, to define the status of such forces when they are in the territory of another State Party;
Recalling the Convention between States Parties to the North Atlantic Treaty on the Status of Their Forces, signed in London on 19 June 1951;
The following agreed:
Article I
Unless otherwise provided for in this Convention and any Additional Protocol with respect to its own Parties, all States Parties to this Convention shall apply the provisions of the Convention between the Parties to the North Atlantic Treaty on the Status of their Forces, signed in London on 19 June 1951, and the following shall apply to NATO SOFA, as if all States Parties to this Convention were Parties to NATO SOFA.
Article II
(1) In addition to the territory to which NATO SOFA applies, this Convention will apply to the territory of all States Parties to this Convention that are not Parties to NATO SOFA.
(2) For the purposes of this Convention, any reference by NATO SOFA to the North Atlantic Treaty region is also expected to include the territories specified in § 1er and any reference to the North Atlantic Treaty is expected to include the Peace Partnership.
Article III
For the purpose of applying this Convention to Parties that are not a Party to NATO SOFA, the provisions of NATO SOFA that provide for applications to be made, or disputes to be submitted to the North Atlantic Council, to the President of the North Atlantic Alternate Council or to an arbitrator shall be construed as stipulating that the parties concerned shall negotiate with each other, without recourse to an external jurisdiction.
Article IV
This Convention may be supplemented or otherwise amended in accordance with international law.
Article V
(1) This Convention shall be submitted to the signature of any State that is a Contracting Party to NATO SOFA or accepts the invitation to participate in the Partnership for Peace and subscribes to the Framework Document of the Partnership for Peace.
(2) This Convention shall be subject to ratification of acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of the United States of America, which shall inform all signatories of the deposit.
(3) Thirty days after three signatory States, of which NATO at least will be a party to the NATO SOFA and at least one will be a State that has accepted the invitation to participate in the Partnership for Peace and which has subscribed to the Framework Document of the Partnership for Peace, have deposited their instruments of ratification, acceptance or approval, this Agreement will enter into force for those States, it will enter into force for each other signatory State thirty days
Article VI
This Convention may be denounced by any Party by means of a written notification addressed to the Government of the United States of America, which shall inform all other signatory States of this notification. The denunciation will take effect one year after receiving the notification by the Government of the United States of America. After the expiration of this period of one year, this Convention shall cease to be in force for the Party that has denounced it, except for the settlement of disputes arising before the date on which the denunciation takes effect, but shall remain in force for the other Parties.
In the belief that the undersigned, duly authorized to do so by their respective Governments, have signed this Convention.
Done in Brussels on 19 June 1995, in English and French, both texts being equally authentic, in a single original which will be deposited in the archives of the Government of the United States of America, which will transmit copies thereof to all the signatory States.
Additional Protocol to the Convention between the States Parties to the North Atlantic Treaty and other States participating in the Peace Partnership on the Status of their Forces
States Parties to this Protocol to the Convention between the States Parties to the North Atlantic Treaty and other States participating in the Partnership for Peace on the status of their forces, as referred to in the Convention;
Considering that the national legislation of some Parties to the Convention does not provide for the death penalty;
agreed that:
Article I
To the extent that a jurisdiction is recognized by the provisions of the Convention, each State Party to this Additional Protocol shall refrain from applying the death penalty to a member and family of a member of a force and the civilian element of a force of any other State Party to this Additional Protocol.
Article II
(1) This Protocol shall be submitted for signature by all signatories to the Convention.
(2) This Protocol shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of the United States of America which shall inform all signatories of the deposit of each instrument.
(3) This Protocol shall enter into force thirty days after three signatory States, including at least one State Party to NATO SOFA and one State that has accepted the invitation to join the Partnership.
for Peace and having subscribed to the Framework Document of the Partnership for Peace, will have deposited their instrument of ratification, acceptance or approval.
(4) This Protocol shall enter into force for each of the other signatory States on the date of deposit with the Government of the United States of America of its instrument of ratification, acceptance or approval.
Done in Brussels on 19 June 1995, in English and French, both texts being equally authentic, in a single copy which will be deposited in the archives of the Government of the United States of America. It shall transmit certified copies to all signatory States.
For the Kingdom of Belgium:
A. INFORMATION
Deposit of the instrument of ratification of Belgium on 8 October 1997 (entered into force on 7 November 1997).
A list including the related countries, as well as the content of the declarations and reservations issued by some Countries, will be issued in a future publication.

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
The States Parties to the North Atlantic Treaty done in Washington on 4 april 1949 and the States which accept the invitation to Partnership for Peace issued and signed by the heads of States and Government of the member States of the North Atlantic Treaty Organization in Brussels on 10 january 1994 and which subscribe to the Partnership for Peace framework document;
Constituting together the States participating in the Partnership for Peace;
Considering that the forces of one State Party to the present Agreement may be sent and received, by arrangement, into the territory of another State Party;
Bearing in mind that the decisions to send and to receive forces will continue to the subject of separate arrangements between the States Parties concerned;
Desiring, however, to define the status of such forces while in the territory of another State Party;
Recalling the Agreement between the States Parties to the North Atlantic Treaty regarding the status of their forces done at London on 19 Jan 1951;
Have agreed as follows:
Article I
Except as otherwise provided for in the present Agreement and any additional Protocol in respect to its own Parties, all States Parties to the present Agreement shall apply the provisions of the Agreement between Parties to the North Atlantic Treaty regarding the status of their forces, done at London on 19 june 1951, hereinafter referred to as the NATO SOFA, as if all State Parties to the present Agreement were parties tot the NATO SOFA.
Article II
(1) In addition to the area to which the NATO SOFA applies the present Agreement shall apply to the territory of all States Parties to the present Agreement which are not Parties to the NATO SOFA.
(2) For the purposes of the present Agreement, references in the NATO SOFA to the North Atlantic Treaty area shall be deemed also to include the territories referred to in paragrah 1 of the present article, and references to the North Atlantic treaty shall be deemed tot include the partnership for peace.
Article III
For purposes of implementing the present Agreement with respect to matters involving Parties that are not Parties to the NATO SOFA, provisions of the NATO SOFA that provide for requests to be submitted, of differences to be referred to the North Atlantic council, the chairman of the North Atlantic council deputies or an arbitrator shall be construed to require the parties concerned to negotiate between or among themselves without recourse to any outside jurisdiction.
Article IV
The present Agreement may be supplemented or otherwise modified in accordance with international law.
Article V
(1) The present Agreement shall be open for signature by any State that is either a contracting Party to the NATO SOFA, or that accepts the invitation to the Partnership for Peace and subscribes to the Partnership for Peace framework document.
(2) The present Agreement shall be subject to ratification, acceptance or approval. 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 each such deposit.
(3) Thirty days after three signatory States, at least one of which is a Party to the NATO SOFA and one of which has accepted the invitation to the Partnership for Peace and subscribed to the Partnership for Peace framework document, have deposited their instruments of ratification, acceptance or approval, the present Agreement shall enter into force in respect of those States. It shall enter into force in respect of each other signatory State thirty days after the date of deposit of its instrument.
Article VI
The present Agreement may be denounced by any Party to this Agreement by giving written notification of denunciation to the government of the United States of America, which will notify all signatory States of each such notification, the denunciation shall take effect one year after receipt of the notification by the Government of the United
States of America. After the expiration of this period of one year, the present Agreement shall cease to be in force as regards the Party that denounces it, except for the settlement of outstanding claims that arose before the day on which the denunciation takes effect, but shall continue to be in force for the remaining Parties.
In witness whereof, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.
Done in Brussels, this 19the day of June 1995, in the English and French languages, both texts being equally authoritative, in a single original which shall be 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 thereof to all the signatory States.

Additional Protocol to 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
The State Parties to the present additional Protocol to the Agreement among the State Parties to the North Atlantic Treaty and the other States participating in the Partnership for Peace regarding the status of their forces, hereinafter referred to as the Agreement;
Considering that the death penalty is not provided for under the domestic legislation of some Parties to the Agreement;
Have agreed as follows:
Article I
Insofar as it has jurisdiction according to the provisions of the Agreement, each State Party to the present additional Protocol shall not carry out a death sentence with regard to any member of a force and its civilian component, and their dependents from any other State Party to the present additional Protocol.
Article II
(1) The present Protocol shall be open for signature by any signatory of the Agreement.
(2) The present Protocol shall be subject to ratification, acceptance or approval, 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 each such deposit.
(3) The present Protocol shall enter into force 30 days after the date of deposit of the instrument of ratification, acceptance of approval by three signatory States, at least one of which is a party to the NATO SOFA and one of which is a State having accepted the invitation to join the Partnership for Peace and having subscribed to the Partnership for Peace framework document.
(4) The present Protocol shall come into force in respect of each other signatory State on the date of the deposit of its instrument of ratification, acceptance or approval with the Governement of the United States of America.
For the Kingdom of Belgium :
A. INFORMATION
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