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Law No. 23 Of April 10, 1996

Original Language Title:  LEGE nr. 23 din 10 aprilie 1996

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LEGE No. 23 of April 10, 1996 for the ratification of 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 Additional Protocol, concluded in Brussels on 19 June 1995
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 82 of 22 April 1996



The Romanian Parliament adopts this law + Article UNIC 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 Additional Protocol concluded in Brussels on 19 June 1995 shall be ratified. This law was adopted by the Senate at its meeting on March 7, 1996, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT RADU VASILE This law was adopted by the Chamber of Deputies at its meeting on April 1, 1996, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE + AGREEMENT between the States Parties to the North Atlantic Treaty and the other States participating in the Partnership for Peace with regard to the status of their forces *) Note * *) Translation States Parties to the North Atlantic Treaty, signed in Washington on April 4, 1949, and states accepting the invitation to the Partnership for Peace, launched and signed by the heads of state and governments of NATO member states in Brussels at 10 January 1994, and which accepts the framework document of the Partnership for Peace, constituting together the States participating in the Partnership for Peace, Considering that the forces of a State Party to this Agreement may be sent and received, on the basis of understanding, in the territory of another State Party, Taking into account that decisions to send and receive forces will be the subject of separate agreements between the States concerned, wishing, however, to define the status of such forces, while in the territory of another State, recalling the Agreement between the States Parties to the North Atlantic Treaty on the Status of their Forces, concluded in London on 19 June 1951, have agreed as follows: + Article 1 Except as otherwise provided in this Agreement and in any other Additional Protocol with respect to the Parties thereto, States Parties to this Agreement shall apply the provisions of the Agreement between the Parties to the North Atlantic Treaty on to the status of their forces, concluded in London on 19 June 1951, hereinafter referred to as NATO-SOFA, as if all States Parties to this Agreement were parties to NATO-SOFA. + Article 2 1. In addition to the area to which NATO-SOFA applies, this Agreement will apply to the territory of all States Parties to this Agreement, which are not parties to NATO-SOFA. 2. For the purposes of this Agreement, references made in NATO-SOFA, to the North Atlantic Treaty area, shall be deemed to include the territories referred to in paragraph 1 of this Article and references to the North Atlantic Treaty. is considered to include the Partnership for Peace. + Article 3 For the purposes of fulfilling this Agreement in respect of situations involving parties that are not parties to NATO-SOFA, the provisions of NATO-SOFA, which determine that the requests or disputes must be submitted to the North Atlantic Council, to the President The Council of the North Atlantic Alternate or an arbitrator shall be construed as a request to the parties concerned to negotiate with each other without recourse to any outside jurisdiction. + Article 4 This Agreement may be completed or amended in any way in accordance with international law. + Article 5 1. This agreement will be open for signature by any state that is either a contracting party to NATO-SOFA or accepts the invitation to the Partnership for Peace and accepts the framework document of the Partnership for Peace. 2. This Agreement shall be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval will be deposited with the Government of the United States of America, which will notify all signatory states about it. 3. 30 days after three signatory states, at least one of which is a party to NATO-SOFA, and one accepted the invitation to the Partnership for Peace and signed the framework document of the Partnership for Peace, submitted their instruments of ratification, acceptance or approval, this Agreement will enter into force on these States. He will enter into force on each other signatory state 30 days after the date of the deposit of his instrument. + Article 6 This Agreement may be denounced by any party to it by a written notice of denunciation, transmitted to the Government of the United States of America, which shall inform all signatory States about this notification. The denunciation will become effective one year after receipt of the notification by the United States Government. After the expiry of this one-year period, this Agreement will cease to be in force with respect to the party that denounced it, except for the resolution of disputes arising before the date on which the denunciation becomes effective, but will continue to be in force for the remaining parts. As for which, the undersigned, being authorized in due form by their governments, signed this agreement. Concluded in Brussels on 19 June 1995, in English and French, both texts being equally authentic, in a single original copy which will be stored in the archives of the Government of the United States of America. The government of the United States of America will transmit certified copies of it to all signatory states. + AGREEMENT between States Parties to the North Atlantic Treaty on the Status of their Forces *) Note * *) Translation London, 19 June 1951 The States Parties to the North Atlantic Treaty, signed in Washington on 4 April 1949, Considering that the forces of a Party may be sent, on the basis of agreement, to the territory of another Party, taking into account that the decision to send them and the conditions under which they will be sent, in so far as such conditions are not stipulated by this Agreement, will continue to be subject to special arrangements between the States concerned, wishing, however, to establish the status of such forces when they are in the territory of another party, agreed the following: + Article 1 1. In this agreement the expression: a) force means personnel belonging to the land, marine and aviation troops of one of the Contracting Parties located in the territory of another Contracting Party of the North Atlantic Treaty area in relation to their duties official, provided that the two interested contracting parties may agree that certain persons, units and parties should not be considered as being in the category of force or as part of it, according to the provisions of this Agreement. b) the civil component means the civilian personnel accompanying the military personnel of a Contracting Party, being employed by the armed forces of this Contracting Party and who are neither persons without citizenship nor citizens of any other State which is not a party to the North Atlantic Treaty, nor to citizens or permanent residents of the State in which the force is dislocated; c) family member means the wife or husband of a member of the force or of the civil component or a child in the maintenance of one of the parents; d) sending State means the contracting party to which the force belongs e) receiving state means the contracting party on whose territory the force or civil component is dislocated, whether it is stationed there or that it is in transit; f) military authorities of the sending state means those authorities of the sending state that are empowered by law to apply the military law of this state with regard to the members of its forces or of the civil component; g) the North Atlantic council means the council established by art. 9 9 of the North Atlantic Treaty or any other subordinate organs thereof authorised to act on its behalf. 2. This Agreement shall apply to the authorities of the political subdivisions of the Contracting Parties, within their territories, of which the Agreement shall apply and shall be extended in accordance with art. 20, in the same way also to the central authorities of these contracting parties, with the reserve that, however, the properties owned by the political subdivisions will not be considered as properties owned by a contracting party, within the meaning of art. 8. + Article 2 It is the duty of a force and its civil component, their members, and their family members to respect the laws of the receiving State and to refrain from any activity inconsistent with the spirit of this Agreement and, in particular, from any political activity in the receiving state. It is also the duty of the sending State to take the necessary measures for this purpose. + Article 3 1. Compliance with the provisions of paragraph 2 of this article and complying with the formalities established by the receiving state regarding the entry and departure of the military force or its members, these members will be exempted from the the requirements for inspection by border authorities, visas, entry or exit to and from the territory of the receiving State. They will also be exempt from the application of the regulations of the receiving state relating to the registration and control of foreigners, but without it being considered that they obtained any right of permanent residence or domicile on territory of the receiving State. 2. Only the following documents will be required in respect of members of a force; they must be submitted upon request: a) personal identity document issued by the sending state, provided with a photo and mentioning the name and surname, date of birth, degree, number (if any) and weapon; b) the order of travel, individually or collectively, drafted in the language of the sending State and in English and French, issued by the competent institution of the sending State or by the North Atlantic Treaty Organization and certifying the status of the person or group, as a member or members of the military force, such as movement The receiving state may claim that the travel order be countersigned by its authorized representatives. 3. Passports of members of a civil component and those of family members will specify their quality. 4. If a member of a civil force or component leaves the service of the sending state and is not repatriated, the sending state authorities will immediately inform the authorities of the receiving state, to whom it will give all the information that may be required. The authorities of the sending state will similarly inform the authorities of the receiving state of any such member who has been unmotivated for more than 21 days. 5. If the receiving state asked to leave its territory by a member of a civilian force or component or issued an expulsion order against a former member of a civilian force or component or against a member of family, a member or former member, the authorities of the sending State have the obligation to receive the person concerned on his own territory or to cause him to leave the territory of the receiving State. This paragraph will apply only to persons who are not citizens of the receiving state and who entered the receiving state as members of a force or civil component or for the purpose of dobindi that quality and to family members of the Such persons. + Article 4 The receiving state: a) either accept as valid, without a driving examination and the charge, driving licence or military driving licence issued by the sending State or by an administrative unit of it to a member of a force or civil component; b) either issue its own driving licences to any member of a force or civil component holding a driving licence or a driving military licence issued by the sending State or its administrative unit, with condition that no driving test is required. + Article 5 1. Members of a force shall, as a rule, bear the uniform, with the exception of different arrangements between the authorities of the sending and receiving state; the civil attire shall be carried under the same conditions as for the members of the forces of the receiving State. The units and formations of a regulatory force constituted will wear the uniform at the border crossing. 2. Service vehicles of a force or civil component will, in addition to their registration number, wear a hallmark of state membership. + Article 6 Members of a force may possess and bear arms, provided they have been authorized by the order received. The sending state authorities will kindly examine the demands of the receiving state on the issue. + Article 7 1. The conditions set by this article: a) the military authorities of the sending state shall have the right to exercise within the receiving state the criminal and disciplinary jurisdiction which is conferred on them by the law of the sending state on persons subject to the military laws of this state; b) the authorities of the receiving state will exercise jurisdiction over the members of a force or civil component and on family members, in respect of crimes committed on the territory of the receiving state and criminalized by the law of this stat. 2. a) The military authorities of the sending State shall have the right to exercise exclusive jurisdiction over persons subject to the military laws of this State, in respect of including offences relating to its security, criminalized by the law of the sending state, but not the law of the receiving state; b) the authorities of the receiving state will have the right to exercise their exclusive jurisdiction over members of a civil force or component and their family members in respect of crimes, including those relating to the security of this state, punished by its law, but not by the law of the sending state; c) for the purposes of this paragraph and paragraph 3 of this article, an offence against the security of the State shall include: (i) the betrayal of the homeland; (ii) sabotage, espionage or violation of any law relating to the official secrets of this State or to the secrets of the national defense of this State. 3. If the right to exercise jurisdiction is a competitor, the following rules shall apply: a) the military authorities of the sending State shall have the right to exercise, as a matter of priority, the jurisdiction over a member of a force or civil component in respect of: (i) offences directed only against the property or security of this State or the offences directed solely against the person or property of another member of the force or civil component of that State or a family member; (ii) the offences arising from any act or omission produced in the performance of official duties; b) in the case of any other crime, the authorities of the receiving state shall have the right to exercise, as a matter of priority, c) if the State which has the priority right decides not to exercise its jurisdiction, it shall inform the authorities of the other State as soon as possible. The authorities of the state which has the priority right of jurisdiction shall, with good will, consider the request for waiver of this right, made by the authorities of the other State, if this other State considers that such a waiver is of special importance. 4. The preceding provisions of this article shall not imply any right for the military authorities of the sending State to exercise over persons who are citizens of the receiving State or permanent residents of this State, outside the State. when they are members of the force of the sending State. 5. a) The authorities of the sending State and the receiving State shall provide mutual support for the arrest of members of a force or civil component or family members on the territory of the receiving State and for their surrender. the authority to exercise its jurisdiction in accordance with the above provisions; b) the authorities of the receiving state will promptly notify the military authorities of the sending state about the arrest of any member of a force or of the civil component or of a family member; c) If the receiving state is to exercise jurisdiction over a member of a force or civil component, accused of committing a crime, it will remain in the custody of the sending state, if it is in the territory to him, until the moment he is put on charge by the receiving state. 6. a) The authorities of the sending State and the receiving State shall give each other support for carrying out all necessary investigations into the offences, as well as in the collection and administration of evidence, including in sequestration and, where applicable, in the surrender of the objects related to the offence. The surrender of such objects may be made subject to their return within a time limit set by the authority which teaches them; b) the authorities of the Contracting Parties shall notify each other of their decision in all cases where there are competing rights to exercise jurisdiction. 7. a) A sentence of death sentence shall not be carried out in the receiving state by the authorities of the sending State, if the legislation of the receiving State does not provide for such punishment in a similar case; b) the authorities of the receiving state will kindly examine a request for support from the authorities of the sending state for the execution of a prison sentence, decided by the authorities of the sending state in accordance with the provisions of this article, on the territory of the receiving state 8. When an accused was tried in accordance with the provisions of this article by the authorities of one of the contracting parties and was acquitted or was convicted and executed or executed his sentence or was pardoned, he did not will be able to be tried again by the authorities of another Contracting Party for the same offence in the same territory. However, nothing in this paragraph will prevent the military authorities of the sending state from judging a member of its force for any violation of discipline rules, arising from an action or omission that constituted an act. offence for which he has been tried by the authorities of another Contracting Party. 9. Whenever a member of the force or civil component or a family member is put under criminal prosecution under the jurisdiction of the receiving state, he shall have the right: a) to prompt and swift judgment; b) to be informed, before the trial, of the charge or of the concrete charges against him; c) to be confronted by the witnesses who accuse him; d) that witnesses who may lodge in their favour be compelled to appear in court, if they are under the jurisdiction of the receiving State; e) have a defender appointed by him or a defender to provide him with free assistance, under the legal conditions existing at that time in the receiving state; f) if he considers it necessary, to benefit from the services of a competent interpreter; g) to communicate with the representative of the government of the sending State and, when the rules of procedure allow it, to be present at the trial. 10. a) The military units or formations of the force, the regulatory authority, shall ensure security and order in all the camps, settlements or other facilities which they occupy in accordance with the agreements concluded with the receiving State. The military police force may take all measures it deems necessary to maintain order and security in such places; b) outside these places, such a military police must be used only on the basis of agreements with the authorities of the receiving state and in collaboration with those authorities, and to the extent that such intervention is necessary to maintain discipline and order among members of the force. 11. Each Contracting Party shall initiate the legislative measures it considers necessary to ensure adequate security and protection in its territory of facilities, equipment, property, documents and official information of the other contracting parties, as well as the punishment of persons who may contravene the laws adopted for that purpose. + Article 8 1. Each Contracting Party shall waive any claims against any other Contracting Party for damage caused to any property belonging to it and which is used by its land, sea or air force, if the damage: ((i) was produced by a member or an employee of the armed forces of the other Contracting Party during the execution of his duties arising from the implementation of the North Atlantic Treaty; (ii) was produced as a result of the use of any vehicle, ship or aircraft belonging to the other Contracting Party and used by its armed forces, provided that the vehicle, ship or aircraft which produced the damage was used in the implementation of the North Atlantic Treaty or that the damage was caused to a property used for the same purpose. Claims arising from maritime rescue operations of a Contracting Party from another Contracting Party shall be waived, provided that the vessel or cargo saved was the property of one of the Contracting Parties and was the property of one of the Contracting Parties. used by the armed forces in the framework of the implementation of the North Atlantic Treaty. 2. a) In the event of damage caused or brought, as provided for in paragraph 1, to another property owned by a contracting party and located on its territory, the question of liability of the other Contracting Party shall be determined and the size the damage will be assessed by a single arbitrator established under sub-paragraph b) of this paragraph, unless the contracting parties concerned do not otherwise decide. The arbitrator will also decide on any other counterclaims arising from the same incident; b) the arbitrator, referred to in the sub-paragraph a) above, will be elected, on the basis of the agreement between the interested contracting parties, among the citizens of the receiving State who have held or hold a high judicial office. If interested contracting parties fail, within two months, to agree on the arbitrator, any of them may ask the President of the alternates in the North Atlantic Council to designate a person to have the qualifications. mentioned above; c) any decision taken by the arbitrator shall be binding and final for the Contracting Parties; d) the amount of any compensation awarded by the arbitrator will be divided according to the provisions of paragraph 5 subparagraph e) item ((i), (ii) and (iii) of this Article; e) the remuneration of the arbitrator will be determined by agreement between the interested parties and will be borne together with the unforeseen expenses, necessary for the fulfilment of his obligations, in equal proportions by these parties; f) however, each Contracting Party shall waive its claims if the damage is less than: Belgium-70,000 Belgian francs Canada-$1,460 Canadian Denmark-9,670 crowns France-490,000 French francs Iceland-22,800 crowns Italy-£ 850,000 Luxembourg-70,000 Luxembourg francs Netherlands-5.320 florins Norway-10,000 crowns Portugal-40.250 apologies UK-£ 500 U.S. -1,400 U.S. dollars Any other contracting party, whose property suffered damages in the same incident, will also give up its claims that do not exceed these amounts. In the case of large fluctuations in exchange rates between these currencies, the contracting parties will agree on appropriate changes to these amounts. 3. For the purposes of paragraphs 1 and 2 of this Article, the expression belonging to a Contracting Party, in the case of a ship, shall include a transport vessel on a "bare-boat" basis of the same Contracting Party or requisitioned by it in the conditions of the "bare-boat" regime or taken up as a catch of war (unless the risk of loss or liability for damages is the responsibility of a person other than such a contracting party). 4. Each Contracting Party shall waive all its claims to any other contracting party for the injury or death of any member of its armed forces, during the time such a member acted in the execution of his duties. Official. 5. The claims (other than claims arising from contracts and those to which paragraphs 6 and 7 of this article are applicable), arising from acts or omissions of members of a force or civil component, produced in the performance of official obligations or from any other act, omission or circumstance, for which a force or civil component is liable, and which causes damage in the territory of the receiving State to third parties, other than any of the parties Contracting, shall be settled by the receiving State in accordance with the following provisions: a) the claims will be filed, registered and settled or tried in accordance with the laws and regulations of the receiving state, applicable to claims arising from the activity of their own armed forces; b) the receiving state may settle any such claims, and the payment of the amounts agreed or determined by the court decision shall be made by the receiving State in its own currency; c) such payment, whether made in accordance with a settlement, whether established by the decision of the competent court of the receiving state, or by the final decision of such a court rejecting the application for payment, shall be compulsory and final for the Contracting Parties; d) any claim settled by the receiving State shall be communicated to the sending States concerned, together with full information and a proposal for the division of the amounts, in accordance with subparagraph e). ((i), (ii) and (iii) below. In the absence of an answer within two months, it will be considered that the proposed split has been accepted; e) the amounts necessary for the settlement of claims in accordance with the previous subparagraphs and paragraph 2 of this article will be divided between the contracting parties, as follows: ((i) when the entire responsibility lies with a single state, the amount assigned or decided by the judicial court will be borne in proportion of 25% in the charge of the receiving state and 75% in the task of the sending State; (ii) when several states are liable for the damage, the amount assigned or decided by the judicial court will be borne equally by these states; however, if the receiving state is not one of the responsible states, its share will be half of the contribution of each sending State; (iii) when the damage was caused by the armed forces of the contracting parties and it is not possible to be imputed precisely to one or more of these armed forces, the amount assigned or decided by the judicial court will be divided in a manner equal between the Contracting Parties concerned; however, if the receiving State is not one of the States whose armed forces have caused damage, its share shall be half the contribution of each sending State; (iv) on a semi-annual basis, the receiving State shall transmit to the sending States concerned a situation of the amounts it has paid during the previous semester for each one where the proposed percentage division has been accepted; the situation will be accompanied of a request for reimbursement. The reimbursement will be made as soon as possible, in the currency of the receiving state; f) in cases where, as a result of the application of the provisions of subparagraphs b) and e) above, a contracting party would encounter particular hardships, it may ask the North Atlantic Council to proceed with a settlement of claims on a different base; g) a member of the force or civil component shall not be subject to any enforcement measures of any judicial decision rendered against him in the receiving State in a matter arising from the performance of his official duties; h) unless the subparagraph e) of this paragraph applies to the claims referred to in paragraph 2 of this Article, the provisions of this paragraph shall not apply to any claim arising or in connection with the navigation, the operation of a ship or the loading, transport or unloading of goods from ships, with the exception of claims arising from the death or injury of a person in respect of which paragraph 4 of this Article is not applicable. 6. Claims against members of a force or civil component, arising from acts and omissions that train the author's liability in the receiving state and which were not committed during the exercise of official duties, shall be resolved in the following manner: a) the authorities of the receiving State shall examine the claim and establish in a just and equitable manner the compensation due to the applicant, taking into account all the circumstances of the case, including the conduct of the injured person, and shall draw up a report in relation to that cause; b) the report will be sent to the sending State authorities, who will then decide, without delay, whether they will proceed with a favour compensation and, in this case, determine the amount; c) if a compensation offer as a favour is made and accepted by the claimant as an integral indemnity, the authorities of the sending State will themselves make this payment and inform the authorities of the receiving State about their decision and the amount paid; b) nothing in this paragraph shall be construed as affecting the jurisdiction of the judicial courts of the receiving State to settle an action brought against a member of a force or a civil component if and how long a the payment by which the claim was completely satisfied. 7. The claims arising from the unauthorized use of any vehicle of the armed forces of a sending State shall be settled in accordance with the provisions of paragraph 6 of this Article, unless the force or component Civil itself bears legal liability. 8. If there is a dispute over the matter of knowing whether the act that trains liability or whether the omission attributable to a member of the force or civil component occurred in the exercise of official duties or if the use of a vehicle belonging to the armed forces of a sending State has not been authorized, the dispute shall be subject to a arbitrator appointed in accordance with paragraph 2 of this Article, its decision being final and binding. 9. Apart from the situation referred to in paragraph 5 subparagraph g) of this Article, the sending State shall not invoke immunity from the jurisdiction of the courts of the receiving State for members of a force or civil component in what concerns the civil jurisdiction of the courts of the receiving state. 10. The authorities of the sending and receiving state will cooperate in obtaining the necessary evidence of a fair trial and settlement of claims that interest the contracting parties. + Article 9 1. Members of a force or civil component and their family members can buy goods locally, which are necessary for their own consumption, and may appeal to the services they need, under the same conditions as the citizens of the state Welcoming. 2. The goods on the local market necessary for the subsistence of a civil force or component will normally be bought through the competent services that purchase such goods for the armed forces of the receiving state. In order to avoid these acquisitions having negative effects on the economy of the receiving State, the competent authorities of that State will, if necessary, determine the goods the purchase of which must be restricted or prohibited. 3. Subject to the application of the agreements already in force or that could be concluded between the authorized representatives of the sending state and the receiving state, the authorities of the receiving state shall bear alone the responsibility for taking the necessary measures in order to make available to a force or civil component of the buildings, land and related services they need. These agreements and arrangements will, as far as possible, be in line with the regulations applicable to the same staff of the receiving State. In the absence of a contract to order otherwise, the rights and obligations arising from the occupation or use of a building, the land, as well as the related services will be determined in accordance with the laws of the receiving state. 4. The local civil working mine needs for a force or for a civil component will be satisfied in the same way as to satisfy the similar needs of the welcoming state, with the support of the authorities of this state and through The offices of the labor force. The conditions of employment and employment, namely salaries and related rights under the conditions of protection of work, will be determined in accordance with the legislation in force in the receiving state. These civilian employees in the service of a force or civilian component will not be considered in any case as members of this force or of this civilian component. 5. If medical and dental services posted in addition to a civilian force or component are inadequate, members of the force or civil component, as well as their family members, can obtain medical and dental care, including hospitalization, in the same conditions as the similar staff of the receiving State. 6. The receiving state will examine with the utmost goodwill the requests to grant travel facilities and tariff reductions to members of a force or civil component. These facilities and discounts will be subject to special arrangements between the governments concerned. 7 7. Subject to any general or special financial agreement between the Contracting Parties, payments in the local currency for goods, accommodation and services provided for in paragraphs 2, 3, 4 and, if necessary, those provided for in paragraphs 5 and 6 of the present article, will be carried out without delay by the force authorities. 8. No force, civil component nor their members or their family members may invoke this article to claim tax and tax exemptions applicable to purchases of goods or services, according to the law. tax regulations of the receiving state. + Article 10 1. If the establishment of any kind of taxes in the receiving state depends on the residence or domicile of the taxpayer, the period of time during which a member of the force or of a civil component is located on the territory of that State, due to the fact that he is a member of such a force or civil component, it will not be considered, for the establishment of the said tax, that the period of residence or as a result of a change of residence or residence. Members of a force or civil component will be exonerated in the receiving state of any taxes on salaries and allowances paid to them in that capacity by the sending State as well as any movable property. corporal belonging to them and whose presence in the receiving State is solely due to their temporary stationing in this State. 2. No provision of this article may be invoked to exempt a member of a civil force or component of taxation in respect of any profit-generating activities other than those exercised as a member of the force or of the civil component in which it could engage in the receiving State and, with the exception of the salary, the indemnity, as well as the tangible movable property referred to in paragraph 1, no provision of this Article may be invoked to oppose the payment of the tax that the member of the force or the civil component, even if considered as having his residence or domicile or outside the territory of the receiving state, owes him in accordance with the laws of this state. 3. The provisions of this Article shall not apply to taxes, as defined in paragraph 12 of art. 11. 4. For the purposes of this Article, the expression member of a force shall not include any person having the nationality of the receiving State. + Article 11 Subject to the express derogations provided for by this Agreement, the members of a force or of a civil component, as well as their family members shall be subject to the laws and regulations applied by the administration of the customs of the receiving State. The customs authorities of the receiving state have, in particular, the right to proceed, under the general conditions provided by the laws and regulations in force in the receiving state, to the body control of members of a force or civil component and their family members, to the control of their baggage and vehicles and to confiscate goods in accordance with these laws and regulations. 2. a) The temporary importation and re-exportation of motor vehicles from the endowment of a civilian force or component shall be approved free of duty on the basis of the presentation of a form in triplicate, according to the model in the Annex to this Agreement; b) temporary importation of vehicles from the force or civil component, which do not circulate by their own means, shall be made in accordance with paragraph 4 of this Article, and their re-exportation, according to paragraph 8 of the present article; c) vehicles of the equipment of a civilian force or component shall also be exempted from any duty which would be due to the use of the roads by the vehicles. 3. The official documents contained in sealed envelopes are not subject to customs control. Couriers, regardless of their status, who carry such documents must possess an individual travel order, issued under the conditions provided in art. 3 3 paragraph 2. This travel order will mention the number of envelopes transported and will have to certify that they contain only official documents. 4. A force may import, with exemption from customs duties, its equipment and reasonable quantities of supplies, materials or other goods intended for the exclusive use of this force and, if this is permitted by the receiving State, for the use of the civil component and their family members. This import, with duty-free duty, is subject to the lodging of the customs office of the place of entry, together with the customs documents that have been agreed, of a certificate whose contents will be agreed between the receiving State and the State the trimmer, signed by a person authorized for that purpose by the sending State. The designation of the person authorized to sign the certificates, as well as the signature specimens and stamps to be used will be addressed to the customs administration of the receiving state. 5 5. A member of a force or civil component, on the occasion of his first arrival for the purpose of taking up the mission in the receiving State or on the occasion of the first arrival of any family member of his, may import its effects and personal furnishings with duty-free for mission duration. 6. Members of a force or civil component may temporarily import, with exemption from customs duties, motor vehicles for personal use or their family members. This article does not contain the obligation to grant tax exemptions due to the use of roads by private vehicles. 7. Imports made by the authorities of a force for purposes other than for the sole use of this force or of a civil component, as well as imports, other than those referred to in paragraphs 5 and 6 of this Article, carried out by members of a force or civil component, are not entitled to any tax relief or other facilities. 8. Imported goods, with exemption from customs duties, in application of the provisions of paragraphs 2 b), 4, 5 or 6 above: a) may be freely re-exported provided that, in respect of the goods imported under paragraph 4, a certificate issued in accordance with that paragraph is delivered to the customs office. However, the customs service maintains the right to verify that those goods re-exported are those described in the certificate and if they have indeed been imported under the conditions laid down, where applicable, in paragraph 2 b), 4, 5 or 6; b) may not normally be alienated in the receiving state, either by sale or by donation. However, in cases authorised, such estrangement may be authorised under the conditions laid down by the competent authorities of the receiving State (e.g. payment of customs duties and taxes, fulfilment of the requirements inherent in the control foreign trade and foreign exchange). 9. Goods purchased in the receiving state will be exported only in accordance with the regulations in force in the receiving state. 10. The customs authorities shall grant special facilities for the crossing of the border by units or formations established in a regular manner provided that the respective customs authorities have been properly informed in advance. 11. The receiving state shall adopt special provisions, so that the fuel and lubricants intended for the use of motor vehicles, aircraft and vessels of a civilian force or component can be delivered with tax and tax relief. 12. For the application of paragraphs 1 to 10 of this Article, the word shall mean the customs duties and any taxes payable, as the case may be, on import or export, with the exception of the amounts which constitute only the payment for the services rendered. The word import means the lifting of goods in a customs warehouse or in uninterrupted customs custody, provided that such goods have not been cultivated, manufactured or manufactured in the receiving State. 13. The provisions of this Article shall apply to those goods, only when they are imported into the receiving State or exported from that State and when they are in transit on the territory of a Contracting Party. In this case, the expression of the receiving State means, in this Article, any contracting party on whose territory the goods are transited. + Article 12 1. The customs or tax authorities of the receiving state may condition the granting of any customs and tax exemptions or facilities, provided for in this agreement, to comply with requirements that they deem necessary in the prevention of abuses. 2. The same authorities may refuse any exemption provided for in this Agreement in respect of importation into the receiving State of goods grown, manufactured or manufactured in that State, which have been exported from that State without payment of customs duties or with restitution of those who would be due for such an export. Goods raised from a customs warehouse will be considered to have been imported, if their storage in this warehouse was considered as an export. + Article 13 1. In order to prevent crimes to customs and tax laws and regulations, the authorities of the receiving state and the sending state will give each other assistance in carrying out investigations and gathering evidence. 2. The authorities of a force will give all possible support to ensure that goods likely to be confiscated by the customs or tax authorities of the receiving state or on behalf of these authorities are remitted to those authorities. 3. The authorities of a force shall give all possible support to ensure the payment of customs duties, taxes and penalties due by members of the force or civil component or by their family members. 4. Official vehicles and objects belonging to a force or civil component but not to a member of such a force or civil component, retained by the authorities of the receiving state in connection with a violation of laws or customs or tax regulations, will be remitted to the appropriate authorities of that force. + Article 14 1. A force, a civil component and their members, as well as their family members will have to comply with the regulations on the currency exchange of the sending state, as well as the regulations, in this area, of the receiving state. 2. The foreign exchange authorities of the sending and receiving state may issue special regulations applicable to a civil force or component or to their members, as well as to their family members. + Article 15 1. Subject to paragraph 2 of this article, this agreement will remain in force in the event of hostilities imposing the application of the North Atlantic Treaty, understanding that the provisions relating to the settlement of claims on the basis of paragraphs 2 and 5 of art. 8 will not apply to the damage of war and that the provisions of the agreement, especially those of art. 3 3 and 4 will be immediately reviewed by the contracting parties concerned, which may agree on such changes which they may deem necessary as regards the application of the agreement between them. 2. In the event of such hostilities, each contracting party shall have the right, by a notification addressed 60 days before the other contracting parties, to suspend the application of any provisions of this agreement, insofar as it concerns it. If this right is exercised, the contracting parties will immediately consult in order to agree on appropriate provisions to replace the suspended provisions. + Article 16 All disputes between the Contracting Parties, relating to the interpretation or application of this Agreement, shall be settled by negotiations with each other without recourse to an external jurisdiction. Except in the cases of contrary, express provisions in this agreement, the disputes which cannot be resolved through direct negotiations will be submitted for settlement to the North Atlantic Council. + Article 17 Any Contracting Party may request any review of any article of this Agreement at any The request will be addressed to the North Atlantic Council. + Article 18 1. This Agreement shall be ratified and the instruments of ratification shall be submitted as soon as possible to the Government of the United States of America, which shall notify each State to the signatory date of their submission. 2. This Agreement shall enter into force 30 days after the submission, by the signatory States, of their instruments of ratification. The agreement will enter into force for each other signatory state 30 days after the deposit of its instrument of ratification. 3. After its entry into force, this Agreement will be open to the accession of any State which will accede to the North Atlantic Treaty on the basis of the approval of the North Atlantic Council and with the fulfilment of the conditions that they may Settle. The accession will become effective by submitting an instrument of accession to the Government of the United States of America, which will inform each signatory state and the state that has adhered to the date of its submission. For any State, on whose behalf an instrument of accession is deposited, this Agreement will enter into force 30 days after the date of deposit of such instrument. + Article 19 1. This Agreement may be denounced by any of the Contracting Parties after the expiry of a period of 4 years from the date of its entry into force. 2. Denunciation of the Agreement by any Contracting Party shall become effective by written notice, addressed by that Contracting Party to the Government of the United States of America, which shall inform all other Contracting Parties of each such notification and the date of its receipt. 3. Denunciation will become effective one year after receipt of notification by the United States Government. After the expiry of this one-year period, the Agreement will cease to be valid in respect of the Contracting Party which has denounced it, but shall continue to be in force for the other Contracting Parties. + Article 20 1. Subject to paragraphs 2 and 3 of this article, this Agreement shall apply only to the metropolitan territory of each Contracting Party. 2. Any State may, however, at the time of depositing its instrument of ratification or accession or at any time after that date declare that this Agreement extends to any of the territories for whose international relations it is liable in the North Atlantic Treaty area (subject to the conclusion of a special agreement between that State and each Member State concerned, if the State making that declaration considers such an agreement necessary). This Agreement will then extend to the territory or territories mentioned in the declaration 30 days after receipt of notification by the Government of the United States of America or 30 days after the conclusion of the special agreements, if they are requested, or when the agreement entered into force according to art. 18 18 to any of these two deadlines that will come later. 3. A State which made a declaration in accordance with paragraph 2 of this article to extend this Agreement to any territory, for whose international relations it is responsible, may denounce the agreement, separately, in respect of that territory, according to the provisions of art. 19. As for which, the below-designated plenipotentiaries have signed this Agreement. Concluded in London on 19 June 1951, in English and French, both texts being equally authentic, in a single original copy, which will be stored in the archives of the Government of the United States of America. The government of the United States of America will transmit certified copies of the agreement to all signatory states and which have acceded to it. + ADDITIONAL PROTOCOL to 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 *) Note * *) Translation States Parties to this Additional Protocol to the Agreement between States Parties to the North Atlantic Treaty and the other States participating in the Partnership for Peace on the status of their forces, hereinafter referred to as the Agreement, considering that the death penalty is not provided for in the domestic legislation of some parties to the Agreement, have agreed as follows: + Article 1 Insofar as it pertains to its jurisdiction, in accordance with the provisions of the Agreement, no State Party to this Additional Protocol shall apply the death penalty in respect of any member of a force or its civil component, or of a family member of the latter, of any State party to this Additional Protocol. + Article 2 1. This protocol will be open for signature by any signatory of the agreement. 2. This Protocol shall be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval will be submitted to the Government of the United States of America, which will notify all signatory states about the filing of each instrument. 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 is a party to NATO-SOFA and one is a state that has accepted the invitation to the Partnership for Peace and signed the framework document of the Partnership for Peace. 4. This Protocol shall enter into force, in respect of each signatory State, on the date of deposit of its instrument of ratification, acceptance or approval with the Government of the United States of America. Concluded in Brussels on 19 June 1995, in English and French, both texts being equally authentic, in a single original copy, which will be stored in the archives of the Government of the United States of America. The United States Government will transmit certified copies of the agreement to all signatory states. --------------