LAW No. 23 of 10 April 1996 on the ratification of the agreement between the States parties to the North Atlantic Treaty and the other States participating in the partnership for peace regarding the status of their forces and additional protocol concluded at Brussels on 19 June 1995 PARLIAMENT ISSUING published in MONITORUL OFICIAL NR. 82 of 22 April 1996 the Romanian Parliament adopts this law.
The sole article Shall ratify the agreement between the States parties to the North Atlantic Treaty and the other States participating in the partnership for peace regarding the status of their forces, and additional protocol concluded at Brussels on 19 June 1995.
This law was adopted by the Senate at its meeting of 7 March 1996, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. RADU VASILE, SENATE CHAIRMAN this law was adopted by the Chamber of deputies at its meeting on 1 April 1996, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE AGREED 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) * Note *) version States parties to the North Atlantic Treaty signed in Washington on 4 April 1949, and States which accept the invitation to partnership for peace, launched and signed by the heads of State and Government of NATO Member States in Brussels on 10 January 1994 and accept the document framework partnership for peace participating States, constituting together the partnership for peace, believing 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 the decisions to send and receive forte will be subject to separate arrangements between the States parties concerned However, to define the status of such strengths, while located on the territory of another State party, recalling the agreement between the States parties to the North Atlantic Treaty regarding the status of their forces, signed in London on 19 June 1951, have agreed as follows: Article 1 unless otherwise specified in this agreement and any other additional protocol in respect of the parties to this , States parties to the present Agreement shall apply the provisions of the agreement between the parties to the North Atlantic Treaty regarding the status of their forces, signed in London on 19 June 1951, hereafter NATO-SOFA, as if all the States parties to the present agreement would be parties to the NATO SOFA.
Article 2 1. In addition to the area for NATO-SOFA, this Agreement shall apply to the territory of all States parties to this agreement that are not parties to the NATO SOFA.
2. For the purposes of this agreement, references to be made in NATO-SOFA, the North Atlantic Treaty area, are considered to include the territories referred to in paragraph 1 of this article, and the references to the North Atlantic Treaty are considered to include the partnership for peace.
Article 3 For the purposes of fulfilling this agreement with respect to situations involving parties who are not parties to the NATO-NATO-SOFA, SOFA provisions, which determine grievances or disputes to be submitted to the North Atlantic Council, Deputy President of the North Atlantic Council, or an arbitrator, must be interpreted as denying the parties concerned to negotiate between themselves without recourse to any other jurisdiction.
Article 4 of this agreement may be supplemented or amended in any way, in accordance with international law.
Article 5 1. This agreement shall be open for signature by any State that is a Contracting Party either to NATO-SOFA, whether you accept the invitation to partnership for peace framework document and accept the partnership for peace.
2. this 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 will notify all signatory States thereof.
3. Within 30 days after the three signatories, of which at least one party to the NATO SOFA, and one has accepted the invitation to partnership for peace and signed a framework document of partnership for peace, have deposited their instruments of ratification, acceptance or approval, this Agreement shall enter into force with respect to those States. It will enter into force with respect to each other signatory State thirty days from the date of the instrument.
Article 6 this agreement may be denounced by any party at him through a written notice of termination, sent to the Government of the United States of America, which shall notify all the signatory States of this notice. Denunciation will become effective one year after receipt of the notification by the Government of the United States of America. After expiry of this period of one year, this Agreement shall cease to be in force in respect of the party which has denounced him, except for solving disputes arising prior to the date at which the denunciation becomes effective, but will continue to be in force for the parties which have remained.
In witness whereof, the undersigned, being duly authorised thereto in due form by their respective Governments, have signed this agreement.
Done at Brussels, 19 June 1995, in the English and French languages, both texts being equally authentic, in a single original which shall be deposited in the archives of the Government of the United States of America. The U.S. Government will send certified copies of it to all signatory States.
Agreement between the States parties to the North Atlantic Treaty regarding the status of their forces) * Note *) version London, 19 June 1951, the States parties to the North Atlantic Treaty signed in Washington on 4 April 1949, believing that the forces can be sent to the parties, by agreement, on a mission 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 laid down by this agreement, shall continue to be the subject of special agreements between the States parties concerned, wanting, however, to lay down the Statute of such strengths when located on the territory of another party, have agreed as follows: Article 1 1. In this agreement: a) force staff means belongs to the land forces, Navy and aircraft of one of the contracting parties located in the territory of another Contracting Party in the area of the North Atlantic Treaty in connection with their official duties, provided that the contracting parties concerned may agree that certain individuals, units and formations are not considered to be in the category of force or part thereof under the provisions of this agreement.
b) component civilian civilian personnel means that accompanied the military personnel of a Contracting Party, being an employee of the armed forces of that Contracting Party and which are not stateless persons, nationals of any other State which is not a party to the North Atlantic Treaty and any citizens or permanent residents of the State in which the force is dislocata;
c) family member means a member's wife or husband of the force or civilian component or a dependent child of one of the parents;
d) trimiţător State means the Contracting Party belongs to the force;
It's inviting State) means the Contracting Party whose territory is the force or civilian component dislocata, whether stationed there or that was in transit;
f the State military authorities) trimiţător means those authorities of State trimiţător which are empowered by law to enforce the law of this State relating to members of its forces or civilian component;
g) North Atlantic Council means the Council established by art. 9 of the North Atlantic Treaty or any other subordinate organs thereof authorized to act on behalf of or.
2. this Agreement shall apply to political subdivisions of the authorities in the Contracting Parties, within their territories, with respect to which the agreement applies and extends in accordance with art. 20, in the same way and the central authorities of these Contracting Parties, provided, however, that the properties owned by political subdivisions shall not be regarded as property owned by one of the Contracting Parties, within the meaning of art. 8. Article 2 is for a strongman and its civilian component, their members, and members of their families shall abide by the laws of the receiving State and to abstain from any activity inconsistent with the spirit of this agreement and, in particular, from any State policy. It is also the duty of the State to take the necessary measures trimiţător for this purpose.
Article 3 1. Respecting the provisions of paragraph 2 of this article and conformindu-is determined by the target State of the formalities regarding the entry and departure of military force or its members, these members will be exempted from the requirements relating to the inspection of the border, visas, entry or exit into and within the territory. They will also be exempted from the application of the rules concerning the registration of the recipient and control of aliens, but without thereby believing that they have acquired any right to permanent residence or domicile in the territory of the receiving State.
2. Only the following documents will be required in respect of members of a; they must be produced on request: (a) personal identity card) issued by the State of trimiţător, with a photograph and stating the name and surname, date of birth, rank, serial number (if any) and gun;
b) order, individually or collectively, drawn up in the language of the trimiţător State and the English and French languages, issued by the institution of the trimiţător State or jurisdiction by the North Atlantic Treaty Organization and certifying the status of the person or group as a member or members of the military force, as well as the orderly movement. The receiving State may require that the order of movement to be countersigned by its authorized representatives.
3. members of a civilian component Passports and those of family members will indicate their quality.
4. If a member of a forte or a civilian component leaves the service of the State trimiţător and is not repatriated, State authorities trimiţător shall forthwith inform the authorities of the receiving State, which will give you all the information that may be required. Trimiţător will inform State authorities, similarly, inviting State authorities about any such absent member unmotivated for more than 21 days.
5. If the target State has asked the territorial or by leaving a member of a forte or a civilian component or has issued an order of expulsion against a former member of a forte or a civilian component or against a family member, a member or former member, State authorities have the obligation to receive trimiţător the person concerned within its own territory or to determine or to leave the territory of the receiving State. This paragraph shall apply only to persons who are not nationals of the receiving State and the target State as members of a civilian component of times or in order to acquire this quality, and members of the family of any such persons.
Article 4: the target State) or accept as valid, without examination and fee, driver's license or military driving permit issued by the State trimiţător or an administrative unit thereof to a member of a body or a civil component;
b) or deliver their own driving licences to any member of a forte or a civilian component who holds a driver's license or military driving permit issued by the trimiţător or by the administrative unit thereof, provided that it does not require a driver's exam.
Article 5 1. Members of the forte will usually wear uniforms, with the exception of various arrangements between the State authorities of the receiving State and trimiţător; civilian attire will be worn under the same conditions as members of the State forces. Units and formations formed a filing will wear uniform when crossing the border.
2. Service vehicles of a forte or a civilian component shall carry, in addition to their registration number, a distinguishing sign of the State of belonging.
Article 6 members of a strongman may possess and bear arms, provided that they have been authorized by the order received. Trimiţător State authorities will examine the applications with the receiving State in benevolence.
Article 7 1. Conditions laid down in this article: (a) the military authorities of the State) trimiţător will be entitled to exercise within the criminal jurisdiction of the receiving State and that disciplinary action is provided by the law of the State of trimiţător with respect to persons subject to military laws of this State;
(b) the receiving State) authorities will exercise jurisdiction over members of a forte or a civilian component and their family members, in respect of offences committed in the territory of the receiving State and the State of the law relating to this.
2. the State military authorities) trimiţător will have the right to exercise exclusive jurisdiction over persons subject to military laws of that State, in terms of including offences relating to its security, incriminated by law trimiţător State, but not by the law of the receiving State;
(b) the receiving State) authorities will have the right to exercise exclusive jurisdiction over members of a forte or a civilian component, and their family members in relation to the crimes, including those relating to the security of that State, punishable by its law but not by the law of the State of trimiţător;
(c) for the purposes of this paragraph) and of paragraph 3 of this article, an offence against State security will include: (i) the betrayal of the motherland;
() sabotage, espionage or violation of any law relating to official secrets of that State, or secrets relating to the national defense of that State. Where the right to exercise jurisdiction is competitor, the following rules shall apply: a) the military authorities of the trimiţător State will have the right to exercise, as a priority, to the jurisdiction of a member of a forte or a civilian component in terms of: (i) offences directed only against property or security of that State, or only against the person offences directed or property of another Member of a force or civilian component of that State or of a member of the family;
(them) any infringements arising from the Act or omission in the performance of official duties;
(b) in the case of any other) offences, inviting State authorities will have to pursue, as a priority, the jurisdiction;
c) if the State which has the priority right to decide not to exercise jurisdiction, it shall inform the authorities of that other State as soon as possible. The authorities of the State which has the priority right of jurisdiction will take into account, with goodwill, application for waiver of this right, as formulated by the authorities of the other State, where that other State considers such a waiver is of particular importance.
4. Notwithstanding the preceding provisions of this article shall not imply any rights for trimiţător State military authorities to exercise over persons who are nationals of the receiving State or to permanent residents of that State, with the exception of the case when they are members of the force trimiţător State.
5. a) State authorities of the receiving State to trimiţător and they will assist each other in arresting members of a component or of a civil or family members are on the territory of the receiving State and to their teaching authority to exercise jurisdiction in accordance with the above provisions;
(b) the receiving State) authorities shall notify promptly the military authorities of the State trimiţător about the arrest of any member of a strongman or civilian component or of a family member;
c) where the receiving State to exercise jurisdiction over a member of a civilian component or accused of committing an offence, it will remain in the custody of the trimiţător State, if it lies within its territory, until at the time that will be impeached by the target State.
6. a) State authorities of the receiving State to trimiţător and they will assist each other to carry out all the necessary investigations regarding offences, as well as the gathering and management of evidence, including the seizure and, where appropriate, into handing over objects in connection with the crime. Handing over of such objects may be made provided that their return within a period determined by the authority that we teach;
b the Contracting Parties authorities) shall notify each other's decision in all cases where there are concurrent rights to exercise jurisdiction.
7. A sentence of) death sentence will not be carried out in the target State of trimiţător State authorities, if the legislation of the receiving State does not provide for such a penalty in a similar case;
(b) the receiving State) authorities will examine a request with benevolence on the part of State authorities to support trimiţător for the execution of a sentence of imprisonment, ordered trimiţător State authorities according to the provisions of this article, on the territory of the State.
8. where an accused has been tried in accordance with the provisions of this article by the authorities of one of the Contracting Parties and has been acquitted or convicted and executed or has executed the penalty or has been pardoned, he may not be tried again by the authorities of another Contracting Party for the same offense on the same territory. However, nothing in this paragraph shall not prevent the military authorities of the State trimiţător to judge a member of his force for any violation of rules of discipline, decurgind from an act or omission which constituted an offense for which he was tried by the authorities of another Contracting Party.
9. Whenever a member of a force or civilian component or a family member is placed under the criminal jurisdiction of the receiving State, he shall be entitled to: (a) a judgment) prompt and quick;
b) to be informed, prior to trial, the charge or charges against him concrete;
(c)) to be confronted with witnesses accuse him;
d) as witnesses in his favor, may apply to be constrinsi to be present in court if they are under the jurisdiction of the receiving State;
e) have a defender appointed by him or a defender to assist free of charge, under the conditions laid down by law existing at that time in the receiving State;
f) if he considers it necessary, to avail themselves of the services of a competent interpreter; and g) to communicate with the representative of the Government of the State of trimiţător, and when the rules of procedure allow this to be present at the trial.
10. a) military formations or Units of the regular force, constituted, must ensure guarding and order in all the camps, settlements or other installations that they occupy in accordance with agreements concluded with the target State. The military police force may take all such measures as it considers necessary for the maintenance of order and security in such places;
b) Besides these places, such military police shall be employed only on the basis of agreements with the authorities of the receiving State and in liaison with those authorities, and to the extent that such intervention is necessary to maintain discipline and order in time for the members of the force.
11. Each Contracting Party shall initiate legislative measures which it considers necessary to ensure the adequate protection and security on its territory of installations, equipment, property, documents and official information of the other Contracting Party, as well as punishing individuals who may contravene laws enacted for that purpose.
Article 8 1. Each Contracting Party shall waive any claims against any other Contracting Party for damage caused to any property that belongs to him and that is used by his forces, maritime or terrestrial aerial if: (i) the damage was caused by a member or an employee of the armed forces of the other Contracting Party during the execution of his duties decurgind the implementation of the North Atlantic Treaty;
(them) was produced as a result of the use of any vehicle, vessel or aircraft belonging to the other Contracting Party and used by its armed forces, provided that the vehicle, vessel or aircraft which caused the damage to be used in implementing actions of North Atlantic Treaty or that damage had been caused to property used for the same purpose.
Will waive decurgind claims arising from maritime rescue of a contracting party against another Contracting Party, provided that the vessel or its cargo saved have been owned by one of the Contracting Parties and to have been used by the armed forces within the framework of the implementation of the North Atlantic Treaty.
2. In the case of damage) caused or brought, as provided for in paragraph 1, other properties owned by a Contracting Party and situated on its territory, the issue of liability of the other Contracting Party shall be established, and the size of the damage will be assessed by a single arbitrator determined according to sub-paragraph b of this paragraph), apart from the case when the parties concerned will not decide otherwise. The arbiter shall decide with respect to any other and contrapretentii becomes the same incident;
b) Referee, referred to in sub-paragraph a) above, will be chosen on the basis of agreement between the parties concerned, inviting state between citizens who have held or hold high judicial function. If the parties concerned fail within two months, to agree on the arbitrator, either of them may apply to the Deputy President in the North Atlantic Council to appoint a person possessing the qualifications referred to above;
c) any decision of the arbitrator will be final and binding for the Contracting Parties;
(d) the amount of any damages awarded) by the arbitrator will be shared according to the provisions of paragraph 5 sub-paragraph e), point (i), (), and (iii) of this article;
e) remuneration of arbitrator shall be fixed by agreement between the parties concerned and will be supported together with unforeseen expenditures required for the performance of his duties in equal proportions by those parties;
f) However, each Contracting Party will relinquish its claims if the damage is less than:-BFRs 70,000 Belgium Canada-Canadian dollars-1,460 Denmark kroner-9,670 490,000 French francs France Iceland Italy-crowns-850,000 22,800 pounds Luxembourg francs-Luxembourg Netherlands 70,000-5,320 florins Norway-10,000 kroner Portugal-United Kingdom-500 escudos 40,250 pounds $ 1,400 S.U.A. S.U.A.-any Contracting Party , whose property damage suffered in the same incident, will give up and she claims its not exceeding these amounts. In the case of large fluctuations of the exchange rates of these currencies, the Contracting Parties shall agree on appropriate modifications of these amounts.
3. For the purposes of paragraphs 1 and 2 of this article, the term that belongs to a Contracting Party, in the case of a ship, including a transport ship leased under a "bare-boat" of the same Contracting Party or rechizitionata of this regime in the conditions of "bare-boat" or taken as by-catch in the war (apart from cases where the risk of loss or damage liability is borne by a person other than such a Contracting Party).
4. Each Contracting Party shall waive all its claims against any other Contracting Party for personal injury or death of any member of the armed forces, at the time when such member was acting in the execution of his duties.
5. Claims (other than claims stemming from contracts and those to whom they are applicable paragraphs 6 and 7 of this article), decurgind acts or omissions of members or of a civilian component, the fulfilment of official products or any other deed, omission or circumstance, for which it is responsible a force or civilian component, and causing extensive damage in the territory of the receiving State to third parties other than any of the Contracting Parties, shall be resolved by the target State in accordance with the following provisions: (a) the claims shall be submitted), recorded and settled or adjudicated in accordance with the laws and regulations of the receiving State with the decurgind of claims their own armed strengths;
(b) the receiving State may settle) any such claims, and payment of the amounts agreed upon or determined by judicial decision will be made by the target State in its own currency;
c) such payment, whether made pursuant to a settlement, be established by decision of the competent court of the State, or by a final decision of such a court by which it rejects the application for payment, shall be binding and final Contracting Parties;
d) any claim settled by the target State will be communicated to the States concerned, together with the trimitatoare full information and a proposal to divide the amounts in accordance with sub-paragraph e), point (i), (), and (iii) below. In the absence of a reply within two months, it shall be considered that the proposed Division was accepted;
e) amounts needed to settle claims in accordance with the preceding subparagraph and paragraph 2 of this article shall be shared among the parties, as follows: (i) when the full responsibility lies with a single State, the amount assigned by the Court or judicial lover family will be borne in proportion to 25% to be borne by the receiving State and in a proportion of 75% in trimiţător State;
(them) when several States are responsible for the damage, the amount assigned by the Court or judicial lover family will be borne equally by these States; However, if the receiving State is not one of the States responsible for its part will be half of the contribution of each State trimiţător;
(iii) where the damage was caused by the armed forces of the Contracting Parties and cannot be clearly attributed to one or more of these strengths, the amount attributed to armed or judicial court lover family will be divided equally among the Contracting Parties in the case; However, if the receiving State is not one of the States whose forte fought, the damage caused will be half of the contribution of each State trimiţător;
(iv) on a semi-annual basis target State will transmit a trimitatoare States concerned the amounts that you paid during the preceding half-year for each case in which it was accepted the Division of the proposed percentage; the situation will be accompanied by a request for reimbursement. Repayment will be made in the shortest possible time, in the currency of the recipient State;
f) where, pursuant to the provisions of sub-paragraphs (b) and (e))), a Contracting Party would meet the weights, it can ask the North Atlantic Council to proceed to a settlement of claims on a different basis;
g) a member of the force or civilian component shall not be subject to any measures of execution of any judgment given against him in the receiving State in a decurgind problem from his official duties;
h) except where sub-paragraph e) of this paragraph shall apply to the claims referred to in paragraph 2 of this article, the provisions of this paragraph shall not apply to any decurgind or claims in relation to inland navigation, with operation of a ship or transport with loading or unloading of ships, with the exception of decurgind claims from death or personal injury to a person in regard to which paragraph 4 of this article shall not be applicable.
6. Claims against members of a forte or a civilian component, decurgind acts and omissions which train the target State responsibility of the author and which have not been committed in the exercise of his official duties, will be resolved in the following manner: (a) the receiving State) authorities will examine the application for compensation and shall establish in a manner fair and just compensation owed to the applicant taking into account all the circumstances of the case, including the conduct of the injured person, and will prepare a report in connection with the particular cause;
b) report will be forwarded to the authorities of the State of trimiţător, which will then decide without delay whether they will proceed to compensation by way of favor and, in this case, will determine the amount;
c a) where compensation by way of courtesy is made and accepted by the complainant as compensation, State authorities will make themselves trimiţător this payment and shall inform the authorities of the receiving State of their decision and of the sum paid;
b) Nothing in this paragraph shall be construed as further undermining those good judicial jurisdiction of the courts of the receiving State to settle an action brought against a member of a civilian component or if and how much time there was made a payment with that claim to have been completely satisfied.
7. Claims from decurgind unauthorized use of any vehicle of the armed forces of a State trimiţător will be resolved in accordance with the provisions of paragraph 6 of this article, except for the case in which the force or civilian component itself carries legal responsibility.
8. If there is a dispute on the question of whether the Act is what the train or if liability failure attributable to a member of a force or civilian component was produced in official duties or if the use of a vehicle belonging to the armed forces of a State trimiţător has not been authorized, the dispute will be submitted to an arbitrator appointed in accordance with paragraph 2 of this article the decision of which is final and binding.
9. in addition to the situation referred to in paragraph 5 sub-paragraph g) of this article, the trimiţător State will not invoke immunity from the jurisdiction of the courts of the State vs welcoming to members of a civil or a component in terms of civil jurisdiction of the courts of the State.
10. State authorities of the receiving State in trimiţător and will cooperate in obtaining evidence necessary for a fair trial and settling of claims which interested Contracting Parties.
Article 9 1. Members of a civilian component or their family members can buy goods locally, which are needed for their own consumption, and can call on the services they need, under the same conditions as the nationals of the receiving State.
2. Goods on the local market needed a subzistentei or a civilian component will be, normally purchased through competent authorities which purchase such goods for the armed forces of the State. In order to avoid that such purchases have negative effects on the economy of the receiving State, the competent authorities of that State shall determine, if need be, goods whose purchase should be prohibited or limited in capacity.
3. Subject to agreements already in force or to be concluded between the authorized representatives of the State trimiţător and welcoming State, State authorities responsible for welcoming single gate measures necessary for the implementation or at the disposal of a component of the civil buildings, land and related services they need. These agreements and arrangements shall be, as far as possible, in accordance with the rules applicable to the staff of the incartiruirii similar. In the absence of a contract stipulating otherwise, rights and obligations decurgind from occupation or use of a building, land, and related services will be determined in accordance with the laws of the receiving State.
4. Needs of mine working for a local civil force or civilian component shall be satisfied in the same way with the way of meeting the needs of the receiving State, with the support of the authorities of that State through the labour offices.
Conditions of employment and work, namely salaries and related rights under conditions of safety, will be determined in accordance with the legislation in force in the receiving State. These civilian employees in a service or of a civilian component shall not be considered in any case as members of this or of its strengths.
5. If the medical services and dental shapes besides a force or civilian component are inadequate, the members of the force or civilian component, and their family members, can obtain medical and dental, including hospitalization, under the same conditions as staff of the State and similar.
6. the receiving State shall examine with the utmost kindly requests to be granted travel facilities and discounts rates to members of a strongman or civilian components. These facilities and discounts will be the subject of special arrangements between the Governments concerned.
7. Subject to any general or special financial accord between the Contracting Parties, payments in local currency for goods, services and accommodation provided for in paragraphs 2, 3, 4 and, if necessary, those referred to in paragraphs 5 and 6 of this article shall be carried out without delay by the labour authorities.
8. no strength, nor members of the civilian component, or their family members may not invoke this article to claim exonerari of taxes and charges applicable to the purchasers of goods or provision of services, according to the tax regulations of the receiving State.
Article 10 1. In case of establishing any kind of taxes in the receiving State depends on the residence or domicile of the taxpayer, the time period during which a member of a force or of a civilian component is located on the territory of that State, due to the fact that he is also a member of a civilian component, forte or shall not be deemed, for the purposes of tax mentioned as the period of residence or as a change of residence by contracting or home. Members of a civil or a component will be hold in inviting any State taxes on wages and benefits that are paid in trimiţător State, and of any goods which they belong and of which the target State is due solely to their temporary stay in that State. No provision of this article may be invoked to exempt a member of a civilian component or of taxation in respect of any profit-making activities, other than those pursued by that Member of the force or civilian component to which he might engage in the receiving State and, with the exception of salary, allowance, and movable body referred to in paragraph 1 No provision of this article may be invoked to oppose the payment of tax on which the Member of the force or civilian component, even if it is considered as having his residence or place of business in the territory of the State or out, due to him under the laws of that State. The provisions of this article shall not apply to taxes, as they are defined in paragraph 12 of article. 11.4. For the purposes of this article, a member of the expression does not include any person having the nationality of the receiving State.
Article 11 subject to explicit derogarilor provided for in this agreement, members of a forte or a civilian component, and their family members are subject to the laws and regulations applied by the receiving State administration vamilor. The Customs authorities of the receiving State, in particular, have the right to carry out, within the framework of the General conditions laid down in the laws and regulations in force in the receiving State, the control of the members of a body or of a civilian component and their family members, to control their vehicles and luggage and confiscate goods in accordance with these laws and regulations.
2. the temporary Import and re-export of) motor vehicles belonging to a forte or a civilian component will be allowed free of customs duties on presentation of a form in triplicate, in accordance with the model in the annex to this agreement;
b) temporary importation of vehicles belonging to the force or civilian component, which does not circulate through his own means, shall be made in accordance with paragraph 4 of this article, and the re-exportation thereof, in accordance with paragraph 8 of this article;
c) vehicles belonging to a forte or a civilian component shall also be exempt from any taxes that would be payable for the use of the road by vehicles.
3. The official documents contained in sealed envelopes are not subject to customs control. Couriers, regardless of their status, which carry such documents must possess an individual order, issued under the conditions laid down in article 21. 3 paragraph 2.
This injunction motion will include the number of envelopes transported and will have to certify that they contain only official documents.
4. A force may import, duty free, or equipment and reasonable quantities of supplies, materials or other goods destined solely of strengths and, where this is allowed by the target State, for use by the civilian component and members of their families. This import, free of import duties, shall be subject to the submission to the Customs Office of entry, together with customs documents have been agreed, a certificate whose content will be agreed between the receiving State and the State of trimiţător, signed by a person authorized for that purpose by the State trimiţător.
The appointment of the person authorized to sign the certificates, and specimens of the stamps and signatures that will be used will be addressed to the customs administration of the receiving State.
5. A member of a body or a civil component, on the occasion of his first arrival in quoting this mission goal target State or the first arrivals of any member of his family, can import personal effects and furniture free of customs duty for the duration of the mission.
6. the members of a civilian component or you may import temporarily free of duty, vehicles for personal use or to members of their families. This article contains the obligation to be granted exemptions from fees charged for the use of the road by vehicles.
7. imports made by the authorities of a forte for purposes other than for the exclusive use of that forte or a civilian components, as well as imports, other than those referred to in paragraphs 5 and 6 of this article, carried out by members of a civil or a component, are not entitled to any relief or other facilities.
8. Goods imported exempt from customs duty, pursuant to the provisions of paragraphs 2 (b)), 4, 5 or 6 above: a) may be re-exported freely provided that, in respect of imported goods according to paragraph 4, to be submitted to the Customs Office a certificate issued in accordance with that paragraph. Customs Service maintains however the right to verify that such goods are re-exported as described in the certificate and if they were indeed imported under conditions laid down, as appropriate, in paragraph 2 (b)), 4, 5 or 6;
b) cannot be, normally disposed of in the target State, either by sale or by donation. However, in such cases, the authorized disposal may be authorised under the conditions laid down by the competent authorities of the receiving State (for example, customs duties and taxes, the requirements inherent in the control of foreign trade and foreign exchange).
9. Goods purchased in the receiving State shall be exported in accordance with the regulations in force in the receiving State.
10. the Customs authorities shall grant special facilities for crossing the border by units or formations established in regular mode, provided that the Customs authorities concerned have been încunoştinţate beforehand.
11. the receiving State shall adopt special provisions so that fuels and lubricants intended for use on motor vehicles, aircraft and vessels of a forte or a civilian component can be delivered free of taxes and duties.
12. for the purposes of paragraphs 1 to 10 of this article, the word fees means customs duties and any taxes and charges payable, where appropriate, to import or export, except for amounts which are not than payment for services performed. The Word import means the lifting of goods in a warehouse or in the custody of the Customs vamilor, provided that such goods have not been grown, produced or manufactured in the target State.
13. The provisions of this article shall apply to the goods in question, but when they are imported into the target State or exported from this State and when they stood in transit through the territory of a Contracting Party. In this case, the expression means, in welcoming state this article any Contracting Party on whose territory the goods are in transit.
Article 12 1. The Customs authorities of the receiving State or tax may make the granting of any relief or customs and tax facilities provided for in this agreement, compliance with some requirements which it considers necessary to prevent abuse.
2. The same authorities may refuse any exemption provided for in this agreement with respect to the importation of goods into the inviting State grown, produced or manufactured in the Member State, which have been exported from that country duty-free or with return of those due for such exports. Goods picked up from a customs warehouse shall be considered to have been imported, if their storage in this warehouse has been considered as an export.
Article 13 1. In order to prevent crime at the customs laws and regulations of the tax authorities and the State, and the State trimiţător will grant each other assistance in investigations and the gathering of evidence.
2. the authorities of a strongman will provide all support possible to ensure that the goods are likely to be confiscated by the customs or fiscal authorities of the receiving State or on behalf of such authorities shall be submitted to the authorities concerned.
3. the authorities of a possible support will be given to ensure payment of the customs duties, taxes and penalties owed by members of the force or civilian component or their family members.
4. official Vehicles and articles belonging to a forte or its civil component but not a member of a civilian component also, forte or retained by the authorities of the receiving State in connection with a violation of the laws or customs regulations or tax, will be submitted to the appropriate authorities of the force concerned.
Article 14 1. A force, a civilian component and their members, as well as their family members will have to comply with regulations on foreign exchange of trimiţător, as well as State regulations in this area of the State.
2. foreign exchange Authorities of the State of trimiţător and inviting State may issue special regulations applicable to a forte or a civilian component or their members, as well as their family members.
Article 15 1. Subject to paragraph 2 of this article, this Agreement shall remain in force in the case of ostilitati which require the application of the North Atlantic Treaty înţelegindu the provisions concerning the settlement of claims on the basis of paragraphs 2 to 5 of article 4. 8 shall not apply to the damages of war and that the provisions of the agreement, in particular those of article 10. 3 and 4 will be immediately reviewed by the contracting parties concerned may agree on such amendments they might deem necessary with regard to the implementation of the agreement between them.
2. in the case of such ostilitati, each Contracting Party shall have the right, by means of a notification addressed to the 60-day period before the other Contracting Party to suspend the application of any provision of this agreement, insofar as it concerns. If this right is exercised, the Contracting Parties shall consult immediately with a view to agreeing appropriate provisions to replace the provisions suspended.
Article 16 All disputes between the parties concerning the interpretation or application of this agreement, shall be settled by negotiation between them without recourse to outside jurisdiction.
Except as expressly provided to the contrary, the provisions in this agreement, disputes that cannot be settled by direct negotiation shall be submitted to the North Atlantic Council.
Article 17 any Contracting Party may at any time request a revision of any article of this agreement. Your request will be addressed to the North Atlantic Council.
Article 18 1. This agreement shall be ratified and the instruments of ratification will be deposited as soon as possible to the Government of the United States of America, which will notify each signatory State date of deposit thereof.
2. this Agreement shall enter into force 30 days after the filing, by the signatory States of their instruments of ratification. The agreement will enter into force for each signatory State thirty days after the deposit of the instrument or ratification.
3. After its entry into force, this Agreement shall be open for accession by any State which joins the North Atlantic Treaty on the basis of approval by the North Atlantic Council and the fulfilment of the conditions which they would be able to fix them. Accession will become effective by depositing an instrument of accession with the Government of the United States of America, which shall notify each signatory State and the State which has acceded of the date of submission thereof. For any State, the name of which is deposited an instrument of accession, this Agreement shall 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 four years from the date of entry into force of this regulation.
2. The denunciation of the agreement by any Contracting Party shall become effective through a written notification addressed by that Contracting Party to the Government of United States of America, which shall notify all other Contracting Parties about each such notification and the date of receipt thereof.
3. The denunciation will become effective one year after receipt of the notification by the Government of the United States of America. After expiry of this period of one year, the agreement shall cease to be valid in respect of the Contracting Party that has denounced him, but will continue to be in force in the other Contracting Party.
Article 20 1. Subject to paragraphs 2 and 3 of this article, this Agreement shall only apply to the metropolitan territory of each Contracting Party.
2. Any State may, however, when depositing the instrument of ratification or accession or at any time thereafter or to declare that this Agreement shall extend to any of the territories for whose international relations it is responsible in the North Atlantic Treaty area (subject to the conclusion of a special agreement between the State and every State trimiţător State, if that makes this statement deems reasonably necessary such an agreement). This agreement will expand and then over the territory or territories mentioned in the statement after 30 days of receipt of the notification by the Government of the United States of America or within 30 days after the conclusion of special agreements, if requested, or when the agreement enters into force in accordance with article 4. 18 to either of these two deadlines that will occur later.
3. A State which has made a declaration in accordance with paragraph 2 of this article in order to extend this agreement to any territory for whose international relations it is responsible may denounce the agreement separately in respect of that territory, in accordance with the provisions of art. 19. In witness whereof, the respective Plenipotentiaries designated below have signed this agreement.
Done at London on 19 June 1951, in English and French languages, both texts being equally authentic, in a single original which shall be deposited in the archives of the Government of the United States of America.
The United States Government will provide certified copies of all the signatory States agreed on 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 regarding the status of their forces) * Note *) version States parties to this additional Protocol to the agreement between the States parties to the North Atlantic Treaty and the other States participating in the partnership for peace regarding the status of their forces, hereinafter the agreement , believing that the death penalty is not provided for in the domestic legislation of the parties to the agreement, have agreed as follows: Article 1 to the extent that you its jurisdiction, in accordance with the provisions of the agreement, no State party to this additional protocol will not apply the death penalty in respect of any member of a civilian component or of its , or a member of his family, from any State party to this additional protocol.
Article 2 1. This protocol shall be open for signature by any signatory of the agreement.
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 will notify all signatory States depositing of every instrument.
3. This protocol shall enter into force 30 days after the date of deposit of the instruments of ratification, acceptance or approval by the signatory States, three of which at least one party to the NATO SOFA and one is a State which has accepted the invitation to partnership for peace and signed a framework document of partnership for peace.
4. This protocol shall enter into force, with respect to each of the signatory, the date of deposit of the instrument or ratification, acceptance or approval with the Government of the United States of America.
Done at Brussels, 19 June 1995, in the English and French languages, both texts being equally authentic, in a single original which shall be deposited in the archives of the Government of the United States of America. The United States Government will provide certified copies of all the signatory States agreed on.