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RS 0.512.136.31 Memorandum of Understanding (MoU) of 18 July 2012 between the Swiss Federal Council and the Government of the Republic of Ghana concerning bilateral cooperation in training through the sending and financing of staff to the Centre

Original Language Title: RS 0.512.136.31 Protocole d’accord (MoU) du 18 juillet 2012 entre le Conseil fédéral suisse, et le Gouvernement de la République du Ghana concernant la collaboration bilatérale en matière d’instruction par l’envoi et le financement de personnel au Centre

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0.512.136.31

Translation 1

Memorandum of Understanding (MoU)

Between the Swiss Federal Council and the Government of the Republic of Ghana concerning bilateral cooperation in training through the sending and financing of staff to the Kofi Annan International Centre for Peacekeeping Training (KAIPTC)

Conclu July 18, 2012

Entered into force by exchange of notes on 17 September 2012

(State on 17 September 2012)

The Swiss Federal Council and the Government of the Republic of Ghana,

Hereinafter referred to as "the Parties",

Considering the need to contribute, in the spirit of the Charter of the United Nations 2 Strengthening peace, confidence and stability in the world,

Underlining the importance of supporting the establishment of regional capacities and training institutions in the field of peace support operations (conflict prevention, peacekeeping, peacebuilding, etc.) in Africa and Elsewhere,

In accordance with the relevant national legislation of the Parties and their international commitments,

Agreed to the following provisions:

Art. 1

The following definitions apply within the meaning of this MoU:

(a)
The "Host Party" The Republic of Ghana;
(b)
The "Sending Party" Designates the Swiss Confederation;
(c)
The "Sending Party staff" Refers to the military and civilian personnel of the sending Party who is involved in bilateral training cooperation activities within the KAIPTC, as well as the dependants.
Art. 2

1. This MoU sets out the terms and conditions for bilateral cooperation on training in favour of KAIPTC. It defines the legal status of military and civilian personnel, as well as the legal status of dependants sent to KAIPTC by the sending Party.

2. This MoU shall not apply to the planning, preparation and execution of combat operations or other military operations of the Parties.

Art. 3

The following authorities, hereinafter referred to as "competent authorities", are responsible for the implementation of this MoU:

-
The Republic of Ghana-the Ministry of Defence/KAIPTC; and
-
In the Swiss Confederation-the Federal Department of Defence, Population and Sports Protection.
Art. 4

Within the framework of this MoU, the sending Party may contribute to the activities of KAIPTC by sending military or civilian personnel, upon request of KAIPTC, to support the training activities of KAIPTC in the posts agreed between the Authorities Competent.

2. Other forms of contributions may be provided to the activities of KAIPTC subject to the agreement of the competent authorities.

Art. 5

The Personnel of the sending Party shall enjoy the privileges and immunities set out in the Vienna Convention of 18 April 1961 on Diplomatic Relations 1 .


Art. 6

The host Party shall establish the administrative conditions necessary for the stay of the staff of the sending Party on its territory, including permits, authorisations, identity documents, etc. It assists staff in all administrative and technical matters.

2. During his stay on the national territory of the host Party, the staff of the sending Party shall be authorized to wear the uniform in accordance with the provisions and requirements of the sending Party.

Art. 7

The Personnel of the sending Party shall remain under the command of the competent authority of the sending Party. However, it is required to comply with the regulations of the host Party.

2. The Personnel of the sending Party shall be assigned to the Commander of KAIPTC. The CO may delegate allocation if necessary.

3. On written request of the host Party, the sending Party shall withdraw from the service any member of its own staff in the event of serious incompetence, inability to fulfil the duties assigned, and in the presence of reasons preventing the host Party from using In good faith to the services of that member.

Art. 8

1. The Host Party shall be responsible for all KAIPTC activities with respect to this MoU.

2. The Parties agree to waive all claims relating to injuries suffered by persons or damage to property and facilities of the other Party arising from this MoU.

3. Any extra-contractual third party claims arising out of acts or omissions of the personnel of the sending Party during its service under this MoU shall be recorded, processed and settled in accordance with the law of the Party In the national territory of which the complaint has been validated. This Party shall, in the first instance, take responsibility for the reimbursement of any allowances to eligible persons. Such costs shall be reimbursed by the sending Party in the case of wilful misconduct or gross negligence by the Personnel of the sending Party. In all other cases, both Parties agree to settle amicably.

Art.

The Host Party shall take all necessary measures to ensure security, as well as to prevent and stop any unlawful activity directed against the Personnel of the sending Party and its possessions.

2. In its daily activities, the staff of the sending Party shall cooperate with the competent authorities of the host Party in the framework of the legislation of the host Party.

Art. 10

The Personnel of the sending Party shall not be armed.

Art. 11

The sending Party shall not dispatch any staff who do not have sufficient health insurance coverage to the host Party's national territory.

2. The Host Party shall provide the Personnel of the sending Party with medical and dental treatment, the scope and quality of which shall be the same as for those provided to the military and civilian personnel of the host Party.

3. Emergency medical assistance shall be provided free of charge to the staff of the sending Party by the host Party. At the request of the sending Party, the treatment of patients and their transfer to medical facilities shall be carried out or organized by the host Party. In such cases, the sending Party shall bear the full costs thereof.

Art. 12

1. The Parties shall bear their own costs relating to the activities arising out of this MoU, provided that no further action is agreed or stipulated in the c. 2 and 3 of this article.

2. Costs incurred for official public events in connection with the activities of the Host Party and authorized by the Commander of KAIPTC or his replacement shall be borne by the Host Party, provided that no further action is taken Agreed.

3. The costs entailed by the actions of the Personnel of the sending Party in the exercise of its activities within the KAIPTC, which are approved by the commander of KAIPTC or his replacement and which are not already covered by the sending Party, are Supported by the host Party or KAIPTC.

Art. 13

For the purposes of this MoU, the Personnel of the sending Party shall be authorized to access military and other facilities of the host Party within the framework of its legislation.

Art. 14

The competent authorities shall organise meetings and consultations as necessary for the evaluation, coordination or planning of activities related to this MoU.

Art. 15

Disagreements and disputes arising between the Parties regarding the interpretation or application of this MoU shall be resolved through negotiation.

Art. 16

1. After signature, this MoU shall enter into force on the day on which the two Parties have mutually informed that all the national constitutional procedures required for the entry into force are settled.

2. This MoU may be terminated in writing by each Party. Where appropriate, this MoU shall expire 90 days after receipt of the notification, provided that the Parties do not agree to other measures.

3. This MoU may be completed at any time by mutual agreement between the Parties. Each amendment shall require the written form and shall enter into force on the day on which the two Parties mutually inform each other that all the national constitutional procedures required for the entry into force are settled.

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

Done at Accra on July 18, 2012, in two originals, one in English and the other in German, the two texts being identical. In the event of differences in their interpretation, the English text shall be authentic.


For the

Swiss Federal Council:

For the

Government of the Republic of Ghana:

Andrea Semadeni

Joseph Henry Smith

Witness:

Witness:

Christof Gertsch

KM Offei


RO 2012 5849


1 The original German text is published, under the same number, in the German edition of this collection.
2 RS 0.120


Status on September 17, 2012