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Law No. 172 Of November 4, 1997

Original Language Title:  LEGE nr. 172 din 4 noiembrie 1997

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LEGE no. 172 172 of 4 November 1997 for the ratification of the Memorandum of Understanding between the Government of Romania and the Government of the United Kingdom of Great Britain and Northern Ireland on the preparation of the British Armed Forces in Romania, signed in Bucharest on 29 July 1996
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 304 304 of 7 November 1997



The Romanian Parliament adopts this law + Article UNIC The Memorandum of Understanding between the Government of Romania and the Government of the United Kingdom of Great Britain and Northern Ireland on the preparation of the British Armed Forces in Romania, signed in Bucharest on July 29, 1996, is ratified. This law was adopted by the Senate at the meeting of September 11, 1997, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT CRISTIAN DUMITRESCU This law was adopted by the Chamber of Deputies at the meeting of October 6, 1997, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN + MEMORANDUM OF UNDERSTANDING between the Government of Romania and the Government of the United Kingdom of Great Britain and Northern Ireland to prepare the British Armed Forces in Romania The Government of Romania and the United Kingdom Government of Great Britain and Northern Ireland, acting in the spirit of the Peace Partnership aiming to strengthen the good relations in the field of defense and mutual understanding, already existing between the two states, taking into account the fact that Romania, by Law no. 23/1996 , ratified 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, agreed the following: + Section 1 Subject of the Memorandum of Understanding This Memorandum of Understanding sets the conditions for the preparation of the British Armed Forces in Romania. + Section 2 Definitions For the purposes of this Memorandum of Understanding, the following terms are defined 1. the sending State means the United Kingdom of Great Britain and Northern Ireland; 2. the receiving state means Romania; 3. force means the personnel of the British Armed Forces, who take part in training in Romania, within the framework of this Memorandum of Understanding, together with civilian personnel employed by the Government of the United Kingdom of Great Britain and Northern Ireland, with the exception of stateless persons or persons resident or with the nationality of the receiving State; 4. Romanian personnel means the military and civilian personnel of the Romanian Army, designated to support the preparation of the British Armed Forces within the framework of this Memorandum of Understanding 5. military equipment means individual and group armaments, ammunition (real, maneuver and fire marking), explosives, means of combat and transport, technical equipment and other materials for military use. + Section 3 Training programme 1. The request for the preparation of the British units will be submitted, in written form, to the ministry of national defence of the receiving state, by the end of June of the year preceding the year in which the preparation will take place. This request will include, in particular, data relating to the planned period and the venue as well as to the objective and purpose of the preparation. The request will also include data on the type of military equipment to be used and the possible effects of its use on the environment. 2. The preparation of the British military units will be carried out in accordance with the program established by the competent military bodies of the sending state, within the limits of the objective and the purposes of this preparation, agreed by military ability of the receiving State, at least 6 months before the planned date of commencement of the preparation. 3. The preparation of the British military troops will take place on the training grounds, shooting ranges and within the military units provided by the receiving state. 4. The commander of the British military unit will lead the training of force within the limits set forth by this Memorandum + Section 4 Force status 1. The members of the force shall respect the laws, military organization and customs of the receiving State and shall not carry out any activity contrary to this Memorandum of Understanding, in particular commercial or political activities on the territory of the receiving state. 2. Without prejudice to the provisions of paragraph 1 of this section, the members of the force, at any time of their presence on the territory of the receiving State, shall remain under the command and control of the upper echelons of force, shall respect those laws and regulations of the sending State, which are applicable to them. + Section 5-a Criminal and disciplinary jurisdiction In accordance with the provisions of the Agreement between the States Parties to the North Atlantic Treaty on the status of their forces, concluded in London on 19 June 1951, hereinafter referred to as NATO/SOFA, which Romania applies on the basis of Law no. 23/1996 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, shall be apply the following: 1. a) The military authorities of the sending State shall have the right to exercise, within the receiving state, the criminal and disciplinary jurisdiction conferred on them by the law of the sending State, in respect of the members of the force. b) The authorities of the receiving state will exercise the criminal and disciplinary jurisdiction over the members of the force, in respect of crimes committed on the territory of the state that receives and criminalized by the law of 2. a) The military authorities of the sending State shall have the right to exercise exclusive jurisdiction over the members of the force, in respect of crimes, including those relating to its security, which may be criminalized by the law of the State which sends, but not by the law of the receiving state. b) The authorities of the receiving State shall have the right to exercise exclusive jurisdiction over the members of the force, in respect of the offences, including those relating to the security of this State, punishable by its law, but not by the law the sending state. c) For the purposes of this paragraph and paragraph 3 of this section, 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 the force, as regards: (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; (ii) the offences arising from any act or omission produced in the performance of official duties. b) In the case of any crime other than those presented in paragraph 3 a) of this section, the authorities of the receiving State shall have the right to exercise, as a matter of priority, the jurisdiction c) If the State that 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 provisions of paragraphs 1 to 3 of this section shall not imply any right, for the military authorities of the sending State, to exercise its jurisdiction over persons who are citizens of the receiving State or residents. permanent of this state, unless they are members of the force. 5. a) The authorities of the sending State and of the receiving State shall give each other support for the arrest of the members of the force on the territory of the receiving State and for their surrender to the authority to exercise compliance with the above provisions. b) The authorities of the receiving State will promptly notify the military authorities of the State sending about the arrest of any member of the c) If the receiving State is to exercise its jurisdiction over a member of the force, according to paragraphs 1 to 3 of this section, it is to remain in the custody of the sending State, until such time as it is put under charge of the receiving state. 6. a) The sending and receiving State authorities shall give each other support for carrying out all necessary investigations into the offences as well as the collection and administration of evidence, including in sequestration and, where appropriate, in the surrender of 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 sending State and of the receiving State shall notify each other of their decision, in all cases where there are competing rights to exercise jurisdiction. 7. The authorities of the receiving State shall examine, with good will, any request for support from the sending State authorities, regarding the execution of a prison sentence, decided by the authorities of the sending State, in accordance with the provisions of this section, within the territory of which the 8. When an accused has been tried, in accordance with the provisions of this section, by the authorities of the receiving State or the sending State, and has been acquitted or been convicted and executed or executed his or her sentence or Pardoned, he will not be able to be tried again, by the authorities of the other state, for the same crime on the same territory However, nothing in this paragraph will prevent the military authorities of the sending state from judging a member of the force, for any violation of discipline rules arising from an action or omission that constituted a force. offence for which he has been tried by the authorities of the receiving State. 9. Whenever a member of the force 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 the witnesses, who may lodge in his 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 translator; and g) to communicate with the representative of the sending state authorities and, when the rules of procedure allow, it is present at the trial. 10. If, in accordance with the provisions of this section, the receiving State has the right to exercise its jurisdiction over a member of the force, this jurisdiction shall be exercised within the common law system applicable the civilians of the receiving State, and shall not be exercised in the criminal justice system, applicable to members of the armed forces of the receiving State. + Section 6 Police functions 1. The authorities of the sending State shall have the right to exercise police functions on the members of the force. These functions can be taken over by the members of the force, established by the state authorities that send to fulfill them, and which will be referred to as military police. 2. The military police of the sending State shall have the right to exercise the police functions described in paragraph 1 of this section, anywhere in the territory of the receiving State, where the members of the force are, in the training grounds or in another Part. The authorities of the sending state and those of the receiving state will work closely together on how police functions will be exercised. 3. In the exercise of the police functions provided for in paragraphs 1 and 2 of this section, the military police may take all appropriate measures to maintain order, discipline and security among the members of the force. 4. The military police, in accordance with the agreed arrangements, arising from the provisions of Section 3 paragraph 2 of this Memorandum of Understanding, shall be entitled to undertake appropriate measures to protect the person and property of the members the force, as well as the property belonging to the sending State, and which have been brought into the territory of the receiving State, for purposes related to this Memorandum of Understanding. The authorities of the sending State and those of the receiving State shall collaborate closely in relation to the manner in which that right is exercised. 5. Military police and public order bodies of the interior ministry of the receiving state are also authorized to perform police functions, relating to the force, according to arrangements agreed in advance. 6. If Romanian citizens are caught red-handed in an action against members or military equipment of the force and are detained by the military police force, they will be transferred, without delay, to the authorities of the receiving state. + Section 7 National border crossing 1. The members of the force shall be exempt from the fulfilment of visa requirements and the control of immigration, at the entrance or exit into and from the territory of the receiving state, in accordance with art. III of NATO/SOFA. 2. At the crossing of the border and during the stay on the territory of the receiving state, the members of the force shall be required to have on them a valid passport and a personal identity document, issued by the sending State, containing the name and surname, the date of birth, the degree, the number of registration that any member of the force has, the function and a photograph. The identity document or passport must be presented at the request of the authorized bodies of the receiving state 3. The members of the force will be exempted from the regulations of the receiving state, regarding the registration and control of foreigners. Members of the force cannot obtain the right of permanent residence in the receiving state. 4. Military equipment and other materials brought by the sending State, on the territory of the receiving State, for purposes related to the training of members of the force, must be declared to the competent authorities of the state that receives at least 30 days ahead of planned arrival dates. Such a declaration will contain a definition of the types and quantities of armaments, munitions, military technique and other materials, arrival and departure dates, planned according to agreed arrangements. 5. Military equipment and other materials brought by the sending State, on the territory of the receiving State, for related purposes with the preparation of the members of the force, shall be exempt from any form of customs or duty, upon entry or exit into and from the territory the receiving state. 6. Personal goods, in reasonable quantities and only for personal use, brought/removed on/from the territory of the receiving state, by the members of the force, will be exempt from any form of customs or tax. 7. The military equipment and other materials brought by the sending State, on the territory of the receiving State, which were not used during the preparation, must be removed from the territory of the receiving State, during the period specified in paragraph 4 of this section, no later than 30 days after the last day of preparation. 8. Military equipment that has not been removed according to the previous paragraph will be subject to payments, taxes and costs according to the legislation of the receiving state. Exception to the provisions of this paragraph military equipment transferred to the receiving state. + Section 8 Fees Members of the force will be exempted, in the receiving State, from any form of fee on salary and other income received as members of the force or on movable property in the property, whose presence in the receiving State is due in the exclusive performance of tasks in accordance with this Memorandum of Understanding. + Section 9 Medical and dental care 1. If the force does not have appropriate medical or dental facilities, its members will receive medical and dental assistance, provided by the military authorities of the receiving state, including hospitalization, in the same conditions with the similar staff of the receiving State. 2. If a member of the force must be transported to a medical or dental clinic, and the sending state does not have means of transport, the receiving state, at the request of the sending state, will provide the necessary means of transport. 3. The sending State shall reimburse the State which receives all the expenses incurred in connection with the provisions of paragraphs 1 and 2 of this section. + Section 10 Uniform, armaments and ammunition 1. Members of the force will, as a rule, wear their national uniform. The units and constituent formations of the force will wear the uniform when crossing the state border that receives. 2. As long as they are on the training ground, as well as during the transit from the state border to the training ground, the members of the force have the right to hold on them and carry weapons, ammunition and explosives, given that they are authorized by own regulations and in accordance with the agreed arrangements. The sending State authorities shall take a favourable account of the requests of the receiving State relating to the matter. + Section 11 Safety in polygons The force will follow the rules of the shooting, of the receiving state. The commander of the force is responsible for compliance with these rules and is obliged to inform his subordinates + Section 12 Vehicle regime 1. In accordance with paragraph 2 of this section, members of the force shall have the right to drive the military vehicles of the sending State and drive personal property vehicles, including rented vehicles, within the territory of the State which receive, for the performance of their duties during the preparation. 2. The receiving State shall consider valid, without any other test or fee, any driver's license issued to a member of the force by the sending State. 3. The sending state will provide its own military vehicles that will be present on the territory of the receiving state. 4. The law of the state that receives, regarding the insurance of private vehicles, will apply for the use by a member of the force of personal property vehicles, including those rented on the territory of the receiving state. 5. The military vehicles of force and vehicles referred to in paragraph 4 of this section shall comply with the regulations concerning the movement of military vehicles of the receiving State. 6. Road, rail, air and naval transport of force in the territory of the receiving State, including military equipment, for the purposes of this Memorandum of Understanding, shall be conducted in accordance with the international agreements to which Both states are parties. + Section 13 Complaints 1. The sending State and the receiving State will waive any complaint, against each other, in the event of damage caused, as a state, by the death or injury of a military or civilian employee, used by the military, if death or injury was caused by a military of the other state's army or by a civilian employee of that state, who accompanies the army, if the military or civilian was acting to carry out his duties, related to the training of members of the force. If, under the above conditions, damage is caused to the properties of the state that receives or to those of the sending state, or the surrounding environment of the receiving state, any complaint will be submitted in the form presented in the 16th section. 2. The receiving State shall take over, adjudicate and resolve, in accordance with its own laws, the complaints of a third party (other than the contractual complaints and those for which paragraph 4 of this section applies), caused by actions or omissions of the members of the force, in the performance of official tasks, or of any other action, omission or event, for which the sending State legally liable for the death challenge, injury or damage on the territory of the receiving state. For the purposes of this paragraph, a third party shall not be the sending State, the receiving State or other member of the force. A member of the force will not be the subject of any proceedings to impose any sentence against him, in the receiving State, in cases caused by the execution of his official duties. 3. The complaints arising in connection with the provisions of paragraph 2 of this section will be brought to the attention of the authorities of the sending state, immediately after receipt, by the authorities of the receiving state. The receiving State will not accept the final resolution of these complaints, without consulting in advance with the sending State. Any differences in relation to legal liability and the increase in compensation will be resolved in the manner set out in Section 16. 4. Without prejudice to the jurisdiction of the receiving state court, the filing of an action against a member of the force, in the case of complaints arising from actions diverted from the purposes of the activity or omissions, in the state that receive, but not during the performance of duties, the authorities of the sending State may offer an ex gratia payment to close the case. + Section 14 Damage notification procedures 1. If a member of the force is injured or dies, in conditions where injury or death is not immediately apparent to the authorities of the sending State, the receiving State authorities will notify the case without delay to the attached The state's sending defense. 2. The authorities of the sending state and of the receiving state will transmit to each other, immediately, a report on any accident resulting in injury or death of any member of the force. The receiving state authorities and the receiving state will also transmit to each other, as soon as possible, children from reports of military accidents and witness statements, relating to such accidents, and cooperate in the development and completion of these reports. + Section 15-a Financial aspects The payment for the preparation of force in the receiving state will be the responsibility of the sending State The receiving state and the sending state will agree on the financial aspects, for each period of preparation. + Section 16 Dispute resolution Any dispute of interpretation or application of this Memorandum of Understanding shall be resolved through direct consultations between the sending State and the receiving State. + Section 17 Duration, expiration and amendments 1. This Memorandum of Understanding shall be ratified in accordance with the laws of the sending State and the receiving State. 2. Each State may always bring amendments to this Memorandum of Understanding. Amendments shall be an integral part of this Memorandum of Understanding and shall enter into force in accordance with paragraph 4 of this Section. 3. This Memorandum of Understanding shall end for an indefinite period, until one of the States notifies, in writing, on diplomatic channels, at least 6 (six) months before the end of validity, its intention to denounce it. 4. This Memorandum of Understanding shall enter into force on the date of the last notification transmitted on diplomatic channels, whereby the receiving State and the sending State shall inform each other of the fulfilment of the internal legal proceedings regarding at the entry into force of the Memorandum of Understanding. Signed in Bucharest on July 29, 1996, in two original copies, each in Romanian and English, both texts being equally authentic. For the Romanian Government, Gheorghe Tinca, national defence minister For the Government United Kingdom and Northern Ireland, Michael Portillo, Secretary of State for Defence -----------------