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RS 0.512.166.51 Agreement of 11 April 2011 between the Swiss Federal Council and the Government of the Russian Federation on bilateral military training cooperation

Original Language Title: RS 0.512.166.51 Accord du 11 avril 2011 entre le Conseil fédéral suisse et le Gouvernement de la Fédération de Russie sur la collaboration bilatérale en matière d’instruction militaire

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0.512.166.51

Translation 1

Agreement between the Swiss Federal Council and the Government of the Russian Federation on bilateral military training cooperation

Conclu April 11, 2011

Entered into force on 11 April 2011

(State on 11 April 2011)

The Swiss Federal Council and the Government of the Russian Federation,

Hereinafter referred to as "Contracting Parties";

Wishing to promote and expand their relations based on mutual respect and the consideration of the interests of the Contracting Parties;

Underlining the need to strengthen mutual confidence, security and stability in Europe;

Whereas the Contracting States participate in the Partnership for Peace programme;

Guided by the provisions of the Convention 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 2 (PpP SOFA), concluded on 19 June 1995, and the Additional Protocol to the Convention 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 3 (PpP SOFA), concluded June 19, 1995;

Whereas military and civilian personnel of the national armed forces of a Contracting Party may be sent and received on the national territory of the other Contracting Party with the consent of the other Contracting Party;

Agreed to the following provisions:

Art. 1

1. This Agreement sets out the terms and conditions for bilateral cooperation in military training. It defines the legal status of military and civilian personnel and dependants sent by the national armed forces of a Contracting Party in the territory of the other Contracting Party.

2. The preparation and execution of combat operations or other joint military operations shall not be covered by this Agreement.

Art. 2

The following definitions shall apply within the meaning of this Agreement:

(a)
The Host Party Is the Contracting Party on the national territory of which bilateral military training cooperation measures are applied;
(b)
The sending Party Is the Contracting Party that sends its personnel to the national territory of the other Contracting Party for the purpose of participating in bilateral military training cooperation activities;
(c)
The personnel of the sending Party Is the military and civilian personnel of the armed forces of the sending Party who is involved in bilateral military training activities, as well as the dependants.
Art. 3

The following authorities of the Contracting Parties shall be competent for the implementation of this Agreement:

(a)
For the Swiss Confederation, the Federal Department of Defence, Population and Sports Protection; and
(b)
For the Russian Federation, the Ministry of Defence of the Russian Federation.
Art. 4

1. Within the framework of this Agreement, the Contracting Parties may implement bilateral military training cooperation as follows:

(a)
Training of military or civilian personnel in military training facilities of the Ministry of Defence of the Russian Federation and of the Swiss Confederation;
(b)
Traineeships and training of military and civilian personnel in military training facilities of the Ministry of Defence of the Russian Federation and the Swiss Confederation;
(c)
Joint training and exercises at the bilateral level between the Parties, and with third parties where necessary, for the purpose of acquiring practical knowledge and capacity;
(d)
Alpine training and training for mountain rescue;
(e)
Meetings, conferences, seminars and symposia for the exchange of experiences in the various fields of military training, including military medicine and military history;
(f)
The sending of observers to the exercises and the implementation of joint exercises to promote peace;
(g)
Sporting and cultural military activities.

2. Other forms of bilateral cooperation in the field of military training may be organised under the agreement of the Contracting Parties.

Art. 5

To facilitate long-term planning, Contracting Parties may pre-establish separate planning documents for events of mutual interest.

2. The implementation of specific bilateral military training activities may be governed by special agreements governed by this Agreement.

Art. 6

1. The legal status of the staff of the sending Party is governed by the provisions of the PpP SOFA and the Additional Protocol to the PfP SOFA.

2. The personnel of the sending Party which is on the national territory of the host Party shall comply with the legislation in force on the national territory of the host Party.

The host Party shall establish the necessary conditions for the stay of the staff of the sending Party on its national territory. It shall assist the personnel of the sending Party in administrative and technical matters.

4. According to the agreement, the competent authorities of the host Party shall make a qualified interpreter available to the sending Party.

5. The personnel of the sending Party shall be authorized to wear the military uniform in accordance with the provisions and regulations of the sending Party.

Art. 7

The host Party shall take, within its national territory, the measures required to ensure security and to prevent and stop any unlawful activity directed against the sending Party and its possessions.

2. The staff of the sending Party shall be responsible for the custody of the premises and the land made available to it by the host Party, as well as for the security of the physical assets entrusted to it by the host Party or which it brings with it.

(3) During the performance of the activities covered by this Agreement, the Host Party shall be responsible for the security of the personnel of the sending Party outside the premises and the lands made available to it.

4. During the performance of its daily activities, the staff of the sending Party shall cooperate with the competent national authorities of the host Party, within their competence, in accordance with the legislation in force on the National territory of the host Party.

Art. 8

1. Weapons and ammunition may be brought to the territory of the Host Party for the purposes agreed upon in this Agreement.

2. The importation of arms and ammunition into the host Party's national territory and their use shall be subject to the provisions of the legislation in force on the national territory of the host Party. Each case will be subject to prior agreement between the Contracting Parties.

3. In the storage, transport and use of weapons and ammunition, the personnel of the sending Party shall comply with the requirements and safety provisions of the sending Party, provided that the requirements of the sending Party Of the host Party's corresponding security is not higher.

4. In carrying out joint exercises with the use of weapons and ammunition, the Contracting Parties shall comply with the provisions and regulations of the Host Party, provided that security requirements and regulations The corresponding portion of the sending Party is not higher.

Art.

The staff of the sending Party shall be subject to the legislation in force on the national territory of the host Party in the field of environmental protection.

Art. 10

The host Party shall, if necessary and in accordance with the legislation in force on its national territory, take measures to permit overflight of aircraft and the passage of motor vehicles of the sending Party on the territory of the host Party And their access to military installations.

2. The aircraft and motor vehicles of the sending Party shall comply with the requirements of the legislation in force on the national territory of the host Party.

Art. 11

1. When undertaking a specific aircraft, the sending Party shall respond to the technical condition and flight capability of the aircraft and its equipment, as well as the safe operation of the aircraft during the performance of the activities covered by this Agreement.

2. In the event of an accident or incident involving aircraft, all investigations and technical procedures shall be carried out in accordance with the legislation in force on the national territory of the host Party. Within the framework of its legislation, the host Party shall immediately forward to the sending Party all relevant data and information concerning the accident or incident.

3. The technical experts of the sending Party shall be entitled to participate in the Committee of Inquiry, to access the site of the accident and to obtain all relevant information. The host Party welcomes the requests made by the experts of the sending Party in the course of the investigation in question. The report on the results of the investigation must be submitted to the sending Party.

Art. 12

Personnel of the sending Party shall meet the requirements of medical and physical fitness and shall have the qualifications and capacities required by the host Party for the activities concerned.

2. The sending Party guarantees that its staff has health insurance coverage.

The Host Party shall provide the sending Party with medical and dental treatment, the scope and quality of which shall be the same as for those provided to its own civilian and military personnel and dependants. The costs incurred shall be borne by the sending Party.

4. Emergency medical assistance is provided free of charge to the staff of the sending Party. Upon request of the sending Party, the continuation of the treatment of patients and their transfer to medical facilities shall be provided or carried out by the host Party. All the resulting costs are borne by the sending Party.

Art. 13

The sending Party shall ensure that the equipment of its personnel corresponds to the requirements of the host Party for the activity concerned.

2. On request of the sending Party, the host Party shall make available information on the equipment required.

Art. 14

(1) Contracting Parties shall bear their own costs relating to the implementation activities of this Agreement, provided that no further action is agreed upon.

(2) Contracting Parties shall have no obligation, including reimbursement, other than those covered by this Agreement or other conventions concluded by the Contracting Parties in accordance with Art. 5.

Art. 15

1. The Contracting Parties undertake not to disclose to third parties any information received in connection with the application of this Agreement without prior written consent of the issuing Contracting Party and not to use that information To the detriment of the issuing Contracting Party.

2. Contracting Parties may exchange classified information in the framework of the activities covered by this Agreement:

(a)
Up to the "INTERN/INTERNE/AD USO INTERNO" level for the Swiss Confederation;
(b)
To the level "äë ñëóæåáíîãî ïîëüçîâàíè" for the Russian Federation.

The Contracting Party which receives the classified information shall protect and treat it in accordance with the legislation in force on its national territory.

4. The transmission of such information between the Contracting Parties shall be recorded in writing. The data carriers must be identified and recorded with the corresponding statement of protection.

5. The access of representatives of the sending Party to the military installations of the host Party shall be authorized, if necessary, in accordance with the legislation in force on the national territory of the host Party.

Art. 16

The Contracting Parties shall arrange for meetings and preparatory consultations for the evaluation, coordination or planning of activities in relation to this Agreement.

Art. 17

Disputes arising between the Contracting Parties concerning the interpretation or application of this Agreement shall be settled by negotiation between the competent authorities of the Contracting Parties.

Art. 18

(1) This Agreement shall enter into force on the date of its signature by both Contracting Parties.

2. This Agreement shall be concluded for a period of five years. It is automatically renewed for five years at the end of each period. Each Contracting Party may terminate this Agreement in writing. Where applicable, this Agreement shall expire 90 days after receipt of the notification of the Party.

3. This Agreement may be amended or supplemented by mutual agreement between the Parties in writing and in the form of an Additional Protocol.

Notwithstanding termination of this Agreement, all financial obligations arising under this Agreement shall continue to be subject to the provisions of this Agreement.

Done at Moscow on 11 April 2011 in duplicate, each in German, Russian and English, and each being authentic.


For the

Swiss Federal Council:

For the

Government of the Russian Federation:

Walter B. Gyger

Nikolay Egorovich Makarov


RO 2011 3753


1 The original text is published under the same figure in the German edition of this collection.
2 RS 0.510.1
3 RS 0.510.11


Status April 11, 2011