Advanced Search

Of The Protocol On The Status Of International Military Headquarters Set Up Pursuant To The North Atlantic Treaty

Original Language Title: Par Protokolu par starptautisko militāro štābu statusu, kas izveidoti saskaņā ar Ziemeļatlantijas līgumu

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The Saeima has adopted and the President promulgated the following laws: The Protocol on the status of international military headquarters set up pursuant to the North Atlantic Treaty, article 1. 28 august 1952, the Protocol on the status of international military headquarters set up pursuant to the North Atlantic Treaty (hereinafter referred to as the Protocol), with this law is adopted and approved. 2. article. Fulfilment of the obligations provided for in the Protocol are coordinated by the Ministry of defence. 3. article. This Protocol shall enter into force on it in article XVI on time and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law shall enter into force on the day following its promulgation. With the law put the Protocol in English, and its translation into Latvian language. The Parliament adopted the law of 17 June 2004. State v. President Vaira Vīķe-Freiberga in Riga, July 7, 2004 in the PROTOCOL ON the status OF INTERNATIONAL MILITARY headquarters set UP TO the NORTH ATLANTIC PURSUAN CO-OPERATION the parties to the North Atlantic Treaty signed in Washington on 4th April, 1949, Considering that international military headquarters may be established in their territories, by separate through, under the North Atlantic Treaty, and it (menu Rngton Line4) define the status of such headquarters and of the personnel thereof within the North Atlantic Treaty area , Have agreed to the present Protocol to the agreement signed in London on 19th June, 1951, regarding the status of their forces: article I In the present Protocol the expression a) "the agreement" means the agreement signed in London on 19th June, 1951, by the parties to the North Atlantic Treaty regarding the status of their forces; (b)) "Supreme Headquarters" means the Supreme Headquarters Allied powers in Europe, headquarters of the Supreme Allied Commander Atlantic and any equivalent international military headquarters set up to the North Atlantic pursuan Treaty; (c)) "Allied headquarters" means any Supreme Headquarters and any international military headquarters set up to the North Atlantic pursuan Treaty which is immediately subordinat to a Supreme Headquarters; (d) "North Atlantic Council") means the Council established by article IX of the North Atlantic Treaty or any of its subsidiary bodies in an act on behalf of their it. Article II subject to the following provision of this Protocol, the agreement shall apply to Allied headquarters in the territory of a Party to the present Protocol in the North Atlantic Treaty area, and to the military and civilian personnel of such headquarters and their dependent included in the definition in sub-paragraph (a), (b) and (c). the.. of paragraph 1 of article II of this Protocol when such personnel are, present in any such territory in connection with their official duties or, in the case of dependent, the official duties of their spouse or parent. Article III 1. For the purpose of applying the agreement to an Allied headquarters the expression ' force ', ' civilian component ' and ' dependent ', wherever they occure in the agreement shall have the meaning set out below: a) "force" means the personnel attached to the Allied headquarters who belong to the land, sea or air armed services of any Party to the North Atlantic Treaty; (b)) "civilian component" means civilian personnel who are not persons, nor stateles national of any State which is not a Party to the Treaty, nor a national of, nor ordinarily resident in the receiving State, Ana who (i) attached to the Allied headquarters and in the employ of an armed service of a Party to the North Atlantic Treaty or (ii) (ii) in such categories of civilian personnel in the employ of the Allied headquarters as the North Atlantic Council shall decide; (c)) "dependent" means the spouse of a member of a force or civilian component as defined in sub-paragraph (a) and (b) of this. paragraph, or a child of such member depending on him or her support. 2. An Allied headquarters shall be considered to be a force for the purpose of article II, paragraph 2 of article V, paragraph 10 of article VII, paragraphs 2, 3, 4, 7 and 8 of article IX, and article XIII, of the agreement. Article IV rights and obligations of the which the agreement give it or impost upon of the sending State or its authorities in respect of its forces or their civilian components or dependent shall be, in respect of an Allied headquarters and its personnel and their dependent to whom the agreement applies in accordanc with article II of the present Protocol, be vested in or attached to the appropriate Supreme Headquarters and the authorities responsible is under it except that: (a) be,) the right which is given by article VII of the agreement to the military authorities of the sending State to exercise criminal jurisdiction shall be vested in the disciplinary and the military authorities of the State, if any, whose military law the person concerned is subject; (b) the obligation imposed upon a) the sending State or its authorities by article II, paragraph 4 of article II, paragraph 5 (a) and 6 (a) of article VII. paragraphs 9 and 10 of article VIII and article XIII of the agreement, shall attach both to the Allied headquarters and to any State whose armed service, or any member or employee of whose armed services , or the dependent of such member or employee, is concerned; (c)) for the purpose of paragraph 2 (a) and 5 of article III, and article XIV of the agreement, the sending State shall be, in the case of members of a force and their dependent, to the State whose armed services the members belong, or, in the case of members of a civilian component and their dependent, the State, if any , by whose armed services the member is employed; (d) the obligation is imposed) on the sending State by virtue of paragraphs 6 and 7 of article VIII of the agreement shall attach to it the State whose armed services the person for whose act or belong omission has given rise to the claim or, in the case of a member of a civilian component, the State by whose armed service he is employed or , if there is no such State, to the Allied headquarters of which the person concerned is a member. Both the State, if any, which will attach the obligation under this paragraph and the Allied headquarters concerned shall have the rights of the sending State in connection with the appointment of an arbitrator under paragraph 8 of article VIII. Article V Every member of an Allied headquarters shall have a personal identity card issued by the headquarters showing names, date and place of birth by nationality, rank or grade, number (if any), and photograph the period of validity. This card must be presented on demand. Article VI 1. The obligation is imposed the waiv claims on the Contracting Parties by article VIII of the agreement shall attach both to the Allied headquarters and to any Party to this Protocol is concerned. 2. For the purpose of paragraphs 1 and 2 of article VIII of the agreement, (a) the property owned by an Allied Headquarters) or by a Party to this Protocol and used by an Allied headquarters shall be deemed to be property owned by a Contracting Party and used by its armed services; (b) the damage caused by a member) of a force or civilian component as defined in paragraph 1 of article II of this Protocol or by any other employee of an Allied headquarters shall be deemed to be damage caused by (a) a member or employee of the armed services of a Contracting Party; (c)) the definition of the expression ' owned by a Contacting Party ' in paragraph 3 of article VIII shall apply in respect of an Allied headquarters. 3. The claims to which paragraph 5 of article VIII of the agreement applies shall include claims (other than contractual claims and claims to which paragraph 6 or 7 of that article apply) arising out of the acts or omission of any employee of an Allied headquarters, or out of any other Act, omission or occurrence for which an Allied headquarters is responsible-legally , and causing in the territory of a receiving State to third parties, other than any of the parties to this Protocol. Article VII 1. The exemption from taxation accorded under article X of the agreement the members of a force or civilian component in respect of their salar and emolument as regards the personnel shall apply, of an Allied headquarters within the definition in paragraph 1 (a) and (b) (i). of article 3 of this Protocol, the salar and emolument paid to them as such personnel by the armed service to which they belong or by which the self-employed ut300r2u , except that this paragraph shall be not be any such main members or employee from taxation imposed by a State of which he is a national. 2. Employees of an Allied headquarters of categories agreed by the North Atlantic Council shall be exempted from taxation on the salar and emolument paid to them by the Allied headquarters in their capacity as such employees. Any Party to the present Protocol may, however, the an through to conclud with the Allied Headquarters whereby such Party will employ and assign it to the Allied Headquarters in all of its national (except, if such Party so nasty, any not ordinarily resident within its territory) who are to serve on the staff of the Allied headquarters and pay the salar and emolument of such person from its own funds , at a scale fixes by it. The salar and emolument so paid may be taxed by the Party concerned shall be exempted from taxation but by any other Party. Through the if such an is entered into by any Party to the present Protocol and is subsequently modified or terminated, the parties to the present Protocol shall no longer be bound under the first line of this paragraph from the main taxation the salar and emolument paid to their nationals. Article VIII 1. For the purpose of facilitating the establishment, construction, maintenance and operation of Allied headquarters, these shall be headquarters relieved, so far as practicabl, from duties and tax regimes, expenditure by them in the interest of common defence and for their official and exclusive benefit, and each Party to the present Protocol shall enter into negotiation with any Allied headquarters operating in its territory for the purpose of concluding an agreement to give effect to this provision. 2. An Allied headquarters shall have the rights granted to a force under article XI of the agreement subject to the same conditions. 3. The provision in paragraph 5 and 6 of article XI of the agreement shall not apply to nationals of the receiving State, unless such nationals will belong to the armed services of a Party to this Protocol other than the receiving State. 4. The expression "duties and taxes" in this article do not include charges for services rendered. Article IX Except in so far as the North Atlantic Council may decide otherwise, a) any assets acquired from the international fund of an Allied headquarters under its capital budget and no longer required by the Headquarters shall be disposed of under the arrangements approved by the North Atlantic Council and the will shall be distributed among or proceed credited it to the parties to the North Atlantic Treaty in the proportion in which they have contributed to the capital costs of the Headquarters. The receiving State shall have the prior right to acquir any immovabl property so disposed of in its territory provided that it offers terms from less than those offered by favourabl any third party; (b) any land, building or) fixed installation provided for the use of an Allied headquarters by the receiving State without charge to the headquarters (other than a nominal charge) and no longer required by the Headquarters shall be handed back to the receiving State, and any increase or loss in the value of the property provided by the receiving State resulting from its use by the Headquarters shall be determined by the North Atlantic Council (taking into considerations any applicable the law of the receiving State) and distributed or credited or debited to among the parties to the North Atlantic Treaty in the proportion in which they have contributed to the capital costs of the headquarters. Article X Each Supreme Headquarters of juridical personality shall posses; It shall have the capacity to conclud a contracts and to acquir and dispos of property. The receiving State may, however, make the exercise of such capacity subject to special arrangements between it and the Supreme Headquarters of Allied or any subordinat acting on behalf of Headquarters of the Supreme Headquarters. Article XI 1. Subject to the provision of article VIII of the agreement, (a) the Supreme Headquarters may engage in legal proceedings or defendan claiman axis. However, the receiving State and the Supreme Headquarters of Allied headquarters subordinat or any authorized by it may agree that the receiving State shall act on behalf of the Supreme Headquarters in any legal proceedings to which that headquarters is a party before the courts of the receiving State. 2. the measure of execution or measure directed to the chicken pox vaccine and or attachment of it property or funds shall be taken against any Allied headquarters, except for the purpose of paragraph 6 (a) of article VII and article XIII of the agreement. Article XII 1. To enable it to operate it in the international budget, an Allied headquarters may hold currency of any kind and operate accounts in any currency. 2. The parties to the present Protocol shall, at the request of an Allied headquarters, facilitat transfer of the funds of such headquarters from one country to another and the conversion of any currency held by an Allied headquarters into any other currency, when they meet the cessary not requirements of any Allied headquarters. Article XIII the archives official documents and others of an Allied headquarters in the premise of the CEAS used by those headquarters or in the possession of any properly authorized members of the Headquarters shall be inviolabl, unless the headquarters has waived this immunity. The Headquarters shall, at the request of the receiving State and in the presence of a representative of that State, verify the nature of any documents to confirm that their immunity ut300r2u entitled under this article. Article XIV 1. The whole or any part of the present Protocol or of the agreement may be applied, by decision of the North Atlantic Council, to any international military headquarters or organizations (not included in the definition in paragraph b. of article I and c. of this Protocol) which is established pursuan to the North Atlantic Treaty. 2. When the European Defence Community comes into being, the present Protocol may be applied to the personnel of the European defence forces attached to an Allied headquarters and their dependent at such time and in such manner as may be determined by the North Atlantic Council. Article XV the All difference of between the parties to the present Protocol or between any such parties and any Allied Headquarters relating to the interpretation or application of the Protocol shall be settled by negotiation between the parties in dispute without recourses to any outside jurisdiction. Except where express provision is made to the contrary in the present Protocol or in the agreement, the difference of which cannot be settled by direct negotiation shall be referred to the North Atlantic Council. Article XVI 1. Articles XV and XVII to XX of the agreement shall apply as regards the present Protocol as if they were an integral part thereof, but so that the Protocol may be reviewed, suspended, ratified, acceded to or denounced it extended in accordanc with those provision of independently from the agreement. 2. The present Protocol may be supplemented by bilateral agreement between the receiving State and a Supreme Headquarters, and the authorities of a receiving State and a Supreme Headquarters may agree to give effect, by administrative means in advance of ratification, to any provision of this Protocol or of the agreement as applied by it WITNESS WHEREOF the ... Plenipotentiar to the undersigned have signed the present Protocol. Done in Paris this 28th day of August 1952, in the English and French languages, both texts being equally authoritativ, 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 thereof to all the cop to the signatory and acceding States.

Protocol of international military headquarters set up pursuant to the North Atlantic Treaty STATUS Paris, 1952 august 28 1949 April 4, signed the North Atlantic Treaty in hand, Take into account that, based on the North Atlantic Treaty, with the agreement of the individual areas can be created at the international military headquarters, and desiring to fix such a headquarters and the status of personnel in the territory of the North Atlantic Treaty, have agreed on the June 19, 1951 in London signed the agreement on the status of the armed forces of the Protocol (I) article in this Protocol: (a) the term "agreement") represents the North Atlantic Treaty parties June 19, 1951 in London signed the agreement on the status of their armed forces; (b)) "Supreme" represents the headquarters of allied forces in Europe, the Allied Commander Atlantic headquarters and each of the equivalent of international military headquarters set up pursuant to the North Atlantic Treaty; (c)) "allied force headquarters" means each and every international Supreme military headquarters, under the authority of the headquarters and established in accordance with the North Atlantic Treaty; (d)) "the North Atlantic Council" means the Council established in accordance with article IX of the North Atlantic Treaty, or any of its subsidiary bodies that are authorized to act on its behalf. (II) article in accordance with the following provisions of this Protocol, the agreement applies to Allied headquarters of any party to this Protocol to the North Atlantic Treaty and to a range in the headquarters of military and civilian personnel and their dependents, which are described in the definitions of article III of the Protocol 1, point a (a)), (b) and (c))), when such a staff residence in any such area related to the duties of the service or, in the case of dependants , with their spouse or parent duty. Article III 1. for the purpose of extending the Treaty on allied forces headquarters "forces", "civilian component" and "dependent", to which they used in the Treaty, is in the future: a) "force" means personnel who belong to any of the parties to the North Atlantic Treaty, land, sea or air forces and is attached to the allied force headquarters; (b)) "civilian component" shall mean the civilian personnel that are not stateless nor belongs to a State which is not a party to the North Atlantic Treaty, not belong to the host country, not living in it and is (i) employed in a country of the North Atlantic Treaty in the armed forces, and are linked to allied force headquarters or (ii) employed in the Allied forces headquarters in those positions for which decided by the North Atlantic Council; (c)) "dependant" means (a)) and (b) of this paragraph) the defined force or civilian component member of a spouse or child of such a member, his or her dependants. 2. Allied forces headquarters are considered in article II, paragraph 2 of article V, paragraph 10 of article VII, article IX, 3., 4 2 7 and 8 and article XIII. Article IV rights and obligations which the Treaty assigns or ask the sender State or its authorities with regard to the forces or the civilian component or a dependent in relation to allied force headquarters, their staff and their dependants, to whom the agreement applies in accordance with article II of this Protocol, the implementation or assigned to it under the relevant Command and the responsible authorities, except: (a)) the rights given to the sender's State military authorities According to article VII of the agreement to put criminal and disciplinary jurisdiction exercised in each case the party of the military authorities, which military law subject is the person involved; (b) the responsibilities that the sender) or they can ask the authorities in article II, article III, paragraph 4, article VII a) and 6 (a)), article VIII, paragraphs 9 and 10 and article XIII, granting both Allied forces headquarters, and any country that the armed forces or of the armed forces of any member or employee, or a member or employee of such dependant is involved; (c) Article III of the Treaty), part 2, point (a)) and part 5 and for the purposes of article XIV on the power players and their dependants of the country of the sender is the country whose armed forces he is a member, or with respect to civil parties and their components dependants — the country whose armed forces Member is employed; (d) the obligations of the transmitting) State of article VIII of the Treaty 6 and part 7, is to perform in a country which is a member of the armed forces of the person whose act or omission resulted in the Foundation of the claim, or, in the case of members of the civil component, the country in which it is employed in the armed forces, or, if no such State, allied force headquarters, where participants are involved. " In each case, both State that the obligation laid down in this paragraph and the headquarters of allied forces involved is sender country right to the appointment of arbitrator under article VIII, paragraph 8. Article v Any allied headquarters for Member must have an identity card that is issued by Headquarters and which contains a person's name, date and place of birth, nationality, rank or grade, the number (if any), photograph and expiry date. This certificate uzradām on request. 1. Article vi article VIII of the Treaty, the Contracting Parties asked to waive the obligation requirements apply both to the allied force headquarters and to everyone involved in this Protocol. 2. Article VIII of the Treaty 1 and 2, for the purposes referred to in paragraph (a)) of property that belongs to the allied force headquarters or to any party to this Protocol and used by Allied forces headquarters, is considered to be the contracting party-owned assets used by the armed forces; (b)), created by the loss of this article III, paragraph 1 of the defined force or civilian component or member of any other allied force headquarters, the employee is considered to be the Contracting Parties members of the armed forces or an employee of losses; (c) of the Treaty, article VIII) in paragraph 3, the expression "a Contracting Party" shall refer to allied force headquarters. 3. requirements to which the Treaty applies Article VIII of part 5, includes (with the exception of contracts resulting requirements and requirements covered by that article 6 and part 7) arising from any Allied forces headquarters in the actions or omissions of employees, or from any other action, negligence or event for which the Allied forces headquarters is legally responsible and which caused the damage in the territory of the host State to existing third parties that is not a party to this Protocol. Article VII 1. Exemption from taxation under article X of the Treaty apply force or civilian component members salaries, wages and emoluments shall also apply to this Protocol, article 3 of part 1 a) and (b)) (i) the definitions referred to in paragraph allied force headquarters staff salaries, wages and emoluments paid to them as such personnel of the armed forces to which they belong or in which they are employed; except that this part is not one such member or employee is not exempt from the taxes imposed by the State, which the alien he is. 2. Allied forces headquarters in workers whose categories approved by the North Atlantic Council, is exempt from taxation on the salaries, wages and emoluments they like the following categories of workers from the headquarters of the Allied forces. However, any party to this Protocol may enter into an agreement with the Allied forces headquarters, under which it appointed in the headquarters of the Allied forces and employ only those subjects (except if that party wishes also to persons permanently residing in its territory) for wages and other income it costs from its own resources and to the extent laid down. The following are paid wages and other income by the party to be taxing, but any other party it will be exempt from taxation. If any party to this Protocol shall be concluded such an agreement and then it is amended or annulled, the other parties to this Protocol shall no longer have the obligation, in accordance with the first sentence of this paragraph, exempt from taxation of his subjects of wages and other income. Article VIII 1. to facilitate the Allied forces headquarters, construction, maintenance and operations, these allied forces headquarters, as far as is possible, is exempt from taxes and duties, which affect costs, they carry out common interests and protection of their official and specific needs. Each party to the present Protocol undertake to enter into negotiations with any allied force headquarters, acting in its territory, to the conclusion of an agreement to ensure the entry into force of this regulation. 2. Allied forces headquarters on the same conditions to enjoy the rights that are assigned to the force in accordance with article XI. 3. Article XI of the Treaty 5 and 6 parts provisions do not apply to nationals of the host State, unless the person is not a party to the present Protocol, other than the host country, members of the armed forces. 4. for the purposes of this article, the term "taxes and fees" does not include the fees for the services provided. Article IX, except in so far as the Council decides otherwise, a material) of any values obtained for the allied force headquarters international features of it and the General Headquarters of the Allied forces no longer needed is disposed of in the manner approved by the North Atlantic Council, and the proceeds split between the parties of the North Atlantic Treaty or to be credited to the proportions in which they participated in the Headquarters capital expenditure. The host country is a pre-emptive to any real property that is seized in its territory, provided that it offers no less advantageous rules as a third party. (b)) every piece of land, buildings or permanent equipment, which the host State allied force headquarters for use free of charge (except nominālmaksājum) and the headquarters is no longer necessary, the candidate back to the host country, and use the resulting Headquarters each such property values rise or loss is determined by the North Atlantic Council (taking into account any applicable laws of the host country) and distributed or credited or debited between the parties to the North Atlantic Treaty proportions as they participated in the Headquarters capital expenditure. Article x every Command is a legal person; It shall have the power to contract and to acquire and dispose of property, however, the host State may exercise such rights from made dependent on specific agreements between it and the headquarters or any allied force headquarters, acting in the name of the Command. Article XI 1. in accordance with article VIII of the Treaty, may speak in Supreme Court proceedings as plaintiff or defendant. However, the host country and the headquarters or any of its subordinate allied forces headquarters, which it authorised, can agree that the host country would act on behalf of the Supreme Allied command in any of the court proceedings in the host country, in which the headquarters is one of the parties. 2. the enforcement measures or activities that focus on their property or seizure or attachment of funds will not be directed against any allied force headquarters, with the exception of article VII of the Treaty 6. a) and for the purposes of article XIII. Article XII 1. To enable it to deal with the international budget, allied force headquarters can handle any currency and accounts in any currency. 2. at the request of the Allied headquarters, allied force headquarters when it needs to, the present Protocol, the parties will promote the Allied forces headquarters, the transfer of funds from one country to another and each of the currency, which is the headquarters of the Allied forces, in every other currency conversion. Article XIII allied force headquarters archives and other official documents, which is located in the busy headquarters or in any estate Headquarters member now duly authorized, possession, is inviolable, unless this is not abandoned headquarters of immunity. At the request of the host country and in the presence of the representatives of that country headquarters every check the content of the document, to show that the subject of immunity in accordance with this article. Article XIV 1. following the decision of the North Atlantic Council this Protocol or contract, or any section thereof may be applied to any international military headquarters or organisations (which is not described in this article I of the Protocol) and c) posts), established under the North Atlantic Treaty. 2. after the start of the European defence community, this Protocol may be extended to the European defense force personnel attached to allied force headquarters, and the dependants of personnel when and in the manner set by the North Atlantic Council. Article XV All of the interpretation or application of this Protocol in dispute between the parties to this Protocol or between any party to this Protocol and any Allied forces headquarters to be solved through negotiations between the parties to the dispute, without any outside jurisdiction. Disputes that cannot be resolved by direct negotiation shall be referred to the North Atlantic Council, except when this Protocol or Agreement contains a clear provision that provides otherwise. Article XVI of the Treaty 1 XV and XVII to XX of article applicable to this Protocol as its components, however, so in accordance with these provisions, the Protocol could be reviewed, suspended, ratify, accede or denounce, to apply independently of the contract. 2. this Protocol shall be supplemented by bilateral agreement between the host country and the headquarters, and the host country authorities may agree with that Command before the ratification of an administrative way is applicable to anyone that a protocol or treaty applicable in accordance with the provisions of this Protocol. To CONFIRM, the undersigned Plenipotentiaries have signed this Protocol. Signed at Paris on 28 august 1952, in a single original in the English and French languages, which the United States is deposited in the archives of the Government of, the two texts being equally authentic. The United States Government shall send a certified copy to each State that signed or acceded.