Law No. 172 Of November 4, 1997

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

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LAW no.
172 of November 4, 1997 to ratify the Memorandum of Understanding between Romania and the United Kingdom of Great Britain and Northern Ireland on British Armed Forces training in Romania, signed in Bucharest on 29 July 1996
Issued



PARLIAMENT Published


Official Gazette no. 304 of November 7, 1997

Romanian Parliament adopts this law.

Article UNIC


It ratifies Memorandum of Understanding between Romania and the United Kingdom of Great Britain and Northern Ireland on British Armed Forces training in Romania, signed in Bucharest on 29 July 1996.
This law was passed by the Senate in session September 11, 1997, in compliance with art. 74 para. (2) of the Constitution.
P. Cristian Dumitrescu SENATE

This law was adopted by the Chamber of Deputies in the meeting of 6 October 1997, in compliance with art. 74 para. (2) of the Constitution.
P. PRESIDENT OF THE CHAMBER OF DEPUTIES IOAN ANDREI Chiliman


MEMORANDUM OF UNDERSTANDING


Between Romania and the United Kingdom of Great Britain and Northern Ireland on British Armed Forces training in Romania
Romania and the United Kingdom of Great Britain and Northern Ireland
acting in the spirit of Partnership for Peace , aiming
strengthening of good relations in defense and mutual understanding existing between the two countries, taking into account that
Romania by Law no. 23/1996, ratified the Agreement between the Parties to the North Atlantic Treaty and other states participating in the Partnership for Peace regarding the status of their forces and the Additional Protocol, signed in Brussels on 19 June 1995
agreed that: || |
Re Section 1


Memorandum of Understanding This Memorandum of Understanding establishes the conditions for the British Armed Forces training in Romania.

Section 2


Definitions For the purposes of this Memorandum, the following definitions apply: 1
. sending State means the United Kingdom of Great Britain and Northern Ireland;
2. State receiving means Romania;
March. force means staff Forces who take part in training in Romania, under this MoU with civilian staff employed by the United Kingdom of Great Britain and Northern Ireland, excluding stateless persons or persons resident or citizenship rule receiving;
4. Romanian staff means the military and civilian personnel of the Romanian Armed Forces, designated to support the British Armed Forces in the preparation of this MoU.
May. military equipment mean individual and group weapons, ammunition (real maneuvering and marking of fire), explosives, combat and transport means, technical equipment and other materials for military use.

Section 3
a
1
training program. Demand for preparing 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 training will take place. This request shall in particular data during planned and venue, as well as objective and scope of training. The application will include data on the type of military equipment to be used and the possible effects of its use on the environment.
2. Preparation units British military will be held according to the schedule set by the military authorities empowered state that sends, within the objective and purpose of this training, agreed arrangements with military authorities empowered state that receives at least 6 months before the planned start training.
March. Preparing British military personnel will be held on golf instruction, shooting range and within military units made available by the State receives.
4. British military unit commander will lead the preparation force within the limits established by this Memorandum of Understanding.

Section 4
a
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force status. Members of the force shall respect the laws, customs and military organization that receives state and will not engage in any activity contrary to this Memorandum of Understanding, in particular commercial or political activities in the State receiving.

2. Without prejudice to the provisions of paragraph 1 of this section, members of the force at any time of their presence in the State receiving, will remain under the command and control of the upper echelons of the force, will respect those laws and regulations state that sends that are applicable to them.

Section 5
a

criminal and disciplinary jurisdiction in accordance with 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, hereinafter referred to as NATO / SOFA, which Romania applied under Law no. 23/1996 ratifying the Agreement between the Parties to the North Atlantic Treaty and other states participating in the Partnership for Peace regarding the status of their forces and the Additional Protocol, signed in Brussels on 19 June 1995 the following will apply: 1
. a) The military authorities of the sending State shall be entitled to exercise within the state receiving, criminal and disciplinary jurisdiction conferred on them by the law of sending in about peacekeeping force.

B) receiving state authorities will pursue criminal and disciplinary jurisdiction over members of the force, in respect of offenses committed in receiving state and punishable by the law of that State.


2. a) The military authorities of the State that sends shall have the right to exercise exclusive jurisdiction over members of the force, in respect of offenses, including those related to security, which can be criminalized by state law that sends, but not by the law of that receives.

B) Authorities receiving state shall have the right to exercise exclusive jurisdiction over members of the force, in respect of offenses, including those relating to the security of that State, punishable by its law but not by the law of the sending.


C) For purposes of this paragraph and paragraph 3 of this Section, a crime against state security will include:


(I) treason;
(Ii) sabotage, espionage or violation of any law relating to official secrets or secrets of that State on national defense of that State.
March. If the right to exercise jurisdiction is concurrent, the following rules shall apply:

A) The military authorities of the sending State shall have the right to exercise a priority jurisdiction over a member of the force, regarding:


(I) crimes directed solely against the property or security of that State or offenses directed solely against the person or property of another member of the force;
(His) offenses arising out of any act or omission caused in the performance of official duties.

B) Where any offenses other than those listed in paragraph 3) of this section, the authorities receiving State shall have the right to exercise a priority jurisdiction.


C) If the State has the priority right to decide not to exercise jurisdiction, it shall inform the other state authorities as soon as practicable.


State authorities entitled priority of jurisdiction will consider sympathetically the request for waiver of such right, formulated by other state authorities, where that other State considers that such waiver is of particular importance.
4. The provisions of paragraphs 1-3 of this section shall not imply any right for the military authorities of the State that send to exercise jurisdiction over persons who are nationals of the receiving State or permanent residents of this state, unless those They are members of the force.
May. a) The authorities of the sending and receiving state shall assist each other to arrest peacekeeping force in the State receiving and handing over authority to exercise jurisdiction pursuant to the provisions above.

B) The authorities of the receiving promptly notify the military authorities of the State that sends the arrest of any member of the force.


C) If the receiving State is to exercise jurisdiction over a member of the force, under paragraphs 1-3 of this Section, it is to remain in state custody who sent until it will be indicted for receiving state.



June. a) The authorities of the sending and the state receives shall assist each other to carry out all necessary investigations on offenses and in the collection and production of evidence, including the seizure and, where appropriate, the handing over of relating to offense. Handing over of such objects may be made subject to their return within a period set by whoever teach.

B) The authorities of the sending and receiving state shall notify each decision in all cases where there are concurrent rights to exercise jurisdiction.


July. Authorities receiving state will examine sympathetically any request for support from the state which sends the execution of prison sentences decided by the authorities sending in accordance with the provisions of this section, the territory of the receiving.
August. When an accused has been tried in accordance with the provisions of this section, by state authorities or receiving state sending, and was acquitted or convicted and executed his, or has served his sentence or been pardoned, it He will not be judged again by other state authorities, for the same offense within the same territory. However, nothing in this paragraph shall prevent the military authorities of the State that sends the judge a member of the force for any violation of rules of discipline arising from an act or omission which constituted an offense for which he was prosecuted by state authorities receiving.
September. Whenever a member of the force is prosecuted under the jurisdiction of the receiving State, he shall be entitled:

A) to a prompt and speedy trial;


B) to be informed, before the trial, the charges or specific allegations against him;


C) to be confronted with the witnesses accusing;


D) witnesses who may apply for, be compelled to appear in court if they are under the jurisdiction of the receiving State;


E) to have counsel appointed for him or an attorney that would give free assistance in legal conditions existing at that time in the state that receives;


F) if he considers it necessary, to have the services of a competent interpreter; and


G) to communicate with the authorities of the sending and, when the rules of procedure allow it to be present at trial.


10. Where, in accordance with the provisions of this section, the state receives has the right to exercise jurisdiction over a member of the force, the jurisdiction shall be exercised within the system of common law applicable to civilian rule receives, and will not be exercised within the criminal justice system applicable to members of the armed forces of the receiving State.

Section 6
a
1
police functions. State authorities who sent will be entitled to exercise the functions of police force members. These functions can be retrieved by members of the force, established by state authorities who sent to meet them, and which will be referred further military police.
2. State military police who sent shall be entitled to exercise police functions described in paragraph 1 of this section anywhere in the State receiving, where the members of the force, the training grounds or elsewhere.
Authorities state that sends and receives state will work closely about how the police functions will be exercised.
March. In exercising police functions set out in paragraphs 1 and 2 of this section, the military police may take all appropriate measures to maintain order, discipline and security among members of the force.
4. Military police in accordance with the agreements reached, arising from the provisions of Section 3, paragraph 2 of this Memorandum of Understanding shall be entitled to take appropriate measures to protect persons and goods peacekeeping force, as well as property belonging to the state that sends, and they were brought into the receiving State, for the purposes of this Memorandum of understanding. State authorities state that sends and receives will work closely about how this right is exercised.
May. Military police and public order officers of Ministry of Interior of the State receives are also authorized to perform police functions relating to force, according to the arrangements agreed in advance.

June. If you are caught red-handed Romanian citizens in proceedings against members of the force or military equipment are detained by police and military force, they will be transferred without delay receiving state authorities.


Section 7 of the National Border crossing

1. Members of the force shall be exempt from the requirements relating to visas and immigration control at the entrance and exit to and from the territory receives in accordance with art. III NATO / SOFA.
2. At border crossings and during their stay in the State which receives peacekeeping force are required to carry a valid passport and an act of personal ID issued by the State that sent, including name, date of birth, grade, registration number that any member of the force who has a photo function. Identity card or passport must be presented at the request of authorized state receives.
March. Members of the force will be exempt from state regulations that receives the registration and control of aliens. Members of the force can not obtain permanent residence in the receiving State.
4. Military equipment and other materials brought by the sending State, in the State who receives training related purposes peacekeeping force be declared competent state authorities who receives at least 30 days before the planned arrival data. Such a statement will contain a definition of the types and quantities of weapons, ammunition, military equipment and other materials, dates of arrival and departure, planned according to agreed arrangements.
May. Military equipment and other materials brought by the sending State, the territory of the receiving purposes related to the training of the force shall be exempt from any form of customs or tax, entering or leaving the territory and the receiver.
June. Personal property in reasonable quantities and for personal use only brought / removed to / from the territory of the receiving State, by members of the force shall be exempt from any form of customs or tax.
July. Military equipment and other materials brought by the State which sends the territory of the receiving, which were not used during the preparation, must be removed from the territory of receiving, for the period specified in paragraph 4 of this section, no later than 30 days from the last day of training.
August. Military equipment that has not been brought under the previous paragraph shall be subject to payments, fees and costs under the laws of the receiving state. Exception to the provisions of this paragraph transferred military equipment that receives state.

Section 8 of


fees Members of the force will be exempt in the receiving State from any form of tax on income received as salary and other members of the force or the movable property owned, whose presence in the receiving State is exclusively tasks under this Memorandum of understanding.



Section 9 of medical and dental
1. If force does not have medical or dental facilities suitable members will receive medical and dental, provided by the military authorities of the receiving State, including hospitalization, under the same conditions with similar personnel of the receiving State.
2. If a member of the force to be transported to a medical clinic or dental and sending State has no means of transport, the state receives the request of the State sent, will provide necessary means of transport.
March. The state will reimburse the sending State that receives all expenses incurred in connection with paragraphs 1 and 2 of this section.


A
Section 10 Uniforms, weapons and ammunition
1. Members of the force will wear a rule, their national uniform. Force units and formations will wear uniform consisting of border crossing receiving State.
2. During the cat is on the training ground and during the transit of the state border the golf instruction, members of the force have the right to hold on to them and to transport weapons, ammunition and explosives, given that they are authorized by regulations own and in accordance with the agreements reached. State authorities which will send consider favorably requests state that receives related to this issue.

Section
11th

Force Safety polygons will respect the rules on withdrawals, the state receives.

Force Commander responsible for compliance with these rules and is obliged to inform their subordinates on them.

Section
12th
1
vehicles regime. In accordance with paragraph 2 of this Section, Force members have the right to conduct military vehicles state that sends and drive to personal property, including vehicles leased in the State who receives their duties during the preparation.
2. The state receives will be considered valid, no other test or fee, any license issued to a member of the force sent by the State.
March. The state will ensure that sends its own military vehicles to be present in the territory receiving.
4. State law which shall, on ensuring private vehicles, will apply to the use of force by a member of the private cars, including those hired in the State receiving.
May. Force military vehicles and vehicles mentioned in paragraph 4 of this section shall comply with the regulations on the movement of military vehicles receiving State.
June. Road, rail, air and naval force in the State receiving, including military equipment for the purposes of this Memorandum of Understanding will be held in accordance with international agreements to which both countries are parties.


13th Section 1

Complaints. State sending and the state receives will waive any claim against each other in the event of damage, the State, through the death or injury of a military or a civil employee, used by the military, if death or injury was caused by army soldier of the other State or a civil employee of that State, accompanying the army, whether military or civilian act for the performance of related training peacekeeping force. If the above conditions are causing damage to property or the state receiving state sending or receiving state environment, any complaint will be submitted as described in Section 16-a.
2. State receiving will take, adjudicate and resolve in accordance with its laws, complaints to third parties (other than contractual complaints and which are subject to paragraph 4 of this section), caused by acts or omissions of members of the force in carrying official duties, or any other act, omission or event, for which the state legally responsible for sending the challenge of death, injury or damage in the State receiving. For the purposes of this paragraph, a third party will not be sending State, the receiving State or another member of the force. A member of the force will not be subject to any procedures for imposing any sentence against him in the receiving State, in cases caused by the execution of his official duties.
March. Claims arising in connection with paragraph 2 of this section shall be brought to the attention of state agencies sent immediately upon receipt by state authorities receiving. State receiving the final resolution will not accept these claims without first consulting with the sending State. Any disputes relating to liability and compensation increase will be resolved in the manner set out in Section 16-a.
4. Without prejudice to the competence of the court state that receives, bring an action against a member of the force, in the event of complaints arising from actions diverted to purposes activity or oversights in the state receiving, but not while performing duties authorities state that sends can provide ex gratia payment to close the case.


A
Section 14 Procedures to notify the damage
1. If a member of the force is injured or dies in conditions where injury or death is not immediately obvious to state authorities sending authorities receiving state shall notify this case without delay, defense attaché of the State sent.
2. State authorities state that sends and receives will send some others immediately report any accident resulting in injury or death of any member of the force. State authorities who sends and the state receives will also send some others as soon as possible, copies of the reports on accidents military and witness statements relating to such accidents, and cooperate in the development and completion reports said.



Section 15 of the Financial Aspects

Payment for labor in the State receiving training will be borne by the sending. State receiving and sending State shall agree on the financial aspects, for each period of training in hand.


A
Section 16 Settlement of disputes Any dispute
interpretation or application of this MoU will be resolved by direct consultations between the sending State and the receiving State.



Section 17 of duration, expiry and amendments
1. This Memorandum of Understanding will be ratified in accordance with the laws of the state that sends and receives.
2. Each State may at any time amendments to this Memorandum of Understanding. The amendments are part of this MoU and will enter into force according to paragraph 4 of this section.
March. This Memorandum of Understanding is concluded for an indefinite period, until one member shall notify in writing through diplomatic channels, at least six (6) months prior to the termination of its intention to denounce it.
4. This Memorandum of Understanding shall enter into force on the date of the last notification through diplomatic channels by which the state receiving and sending State shall inform each other on the fulfillment of domestic procedures on the entry into force of the Memorandum of Understanding.
Signed in Bucharest on 29 July 1996, in two originals, each in Romanian and English languages, both texts being equally authentic.
For the Government of Romania, Gheorghe
Tinca, Minister of National Defence


For the United Kingdom of Great Britain and Northern Ireland
,
Michael Portillo, Secretary
State defense -----------------

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