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RS 0.510.1 Convention of 19 June 1995 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 (SOFA) (with annex)

Original Language Title: RS 0.510.1 Convention du 19 juin 1995 entre les Etats parties au Traité de l’Atlantique Nord et les autres Etats participant au Partenariat pour la paix sur le statut de leurs Forces (SOFA du PPP) (avec annexe)

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0.510.1

Translation 1

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

(PPP SOFA)

Conclue in Brussels on 19 June 1995

Instrument of ratification deposited by Switzerland on 9 April 2003

Entry into force for Switzerland on 9 May 2003

(State on 7 February 2013)

The States Parties to the North Atlantic Treaty,

Signed in Washington on 4 April 1949, and the States accepting the invitation to participate in the Partnership for Peace, launched and signed by the Heads of State and Government of the Member States of the North Atlantic Treaty Organisation in Brussels On 10 January 1994, and who endorse the framework document of the Partnership for Peace;

Together the States participating in the Partnership for Peace;

Whereas the Forces of a State Party to this Convention may be sent and received, by arrangement, in the territory of another State Party;

Taking into account the fact that decisions to send and receive forces will continue to be the subject of separate arrangements between the States parties concerned;

Wishing, however, to define the status of such forces when they are in the territory of another State Party;

Recalling the Convention between the States Parties to the North Atlantic Treaty on the status of their forces 2 , signed in London on 19 June 1951;

Agreed to the following:

Art. I

Except as otherwise provided in this Convention and any Additional Protocol in respect of its own Parties, all States Parties to this Convention shall apply the provisions of the Convention between the Parties to the The North Atlantic on the status of their forces, signed in London on 19 June 1951, and hereinafter referred to as the NATO SOFA, as if all the States party to this Convention were Parties to the SOFA of NATO.

Art. II

In addition to the territory to which the NATO SOFA applies, this Convention shall apply to the territory of all States Parties to this Convention which are not Parties to the SOFA of NATO.

2. For the purposes of this Convention, any reference by NATO SOFA to the North Atlantic Treaty region shall also include the territories indicated in subs. 1 of this article, and any reference to the North Atlantic Treaty is intended to include the Partnership for Peace.

Art. III

For the purposes of applying this Convention to Parties which are not members of NATO SOFA, the provisions of the NATO SOFA which provide for requests to be addressed, or disputes to be submitted, to the Council The North Atlantic, the President of the North Atlantic Alternate Council or an arbitrator shall be interpreted as stipulating that the Parties in question must negotiate between them, without recourse to an external jurisdiction.

Art. IV

This Convention may be supplemented or otherwise modified in accordance with international law.

Art. V

(1) This Convention shall be subject to the signature of any State which is a Contracting Party to the SOFA of NATO or accepts the invitation to participate in the Partnership for Peace and endorses the framework document of the Partnership for Peace.

2. This Convention 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 shall inform all signatory States of that deposit.

3. Thirty days after three signatory states, at least one of which will be a Party to the NATO SOFA and at least one will be a State which has accepted the invitation to participate in the Partnership for Peace and which has endorsed the framework document of the Partnership for Peace Shall have deposited their instruments of ratification, acceptance or approval, this Convention shall enter into force for its States. It shall enter into force for each other signatory State thirty days after the date of the deposit of its instrument of ratification, acceptance or approval.

Art. VI

This Convention may be denounced by any Party by means of a written notification addressed to the Government of the United States of America, which shall inform all other signatory States of that notification. The denunciation shall take effect one year after receipt of the notification by the Government of the United States of America. After the expiration of this one-year period, this Convention shall cease to be in force for the Party which has denounced it, except for the settlement of disputes born before the date on which the denunciation takes effect, but shall remain in force. Effective for other Parties.

In witness whereof, The undersigned, duly authorized to that effect by their respective Governments, have signed this Convention

Done at Brussels on 19 June 1995, in English and in French, both texts being equally authentic, in its original form, which shall be deposited in the archives of the Government of the United States of America, which shall communicate copies in conformity with all States Signatories.

(Suivent signatures)

Scope of application February 7, 2013 3

Reservations and declarations by Switzerland on NATO SOFA

Reserve relative to art. VII, para. 5 and 6

I. Switzerland shall not place members of a troop, civil or other persons at the disposal of the competent authorities of a State of origin or of residence according to Art. VII, para. 5, of the NATO Force Statute, or in such cases will not provide mutual legal assistance in accordance with para. 6, provided that the State concerned guarantees that the death penalty shall not be imposed or enforced against such persons.

II. Switzerland shall not place members of a troop, civil or other persons at the disposal of the competent authorities of a State of origin or of residence according to Art. VII, para. 5, of the NATO Force Statute, and will not, in such cases, provide mutual legal assistance in accordance with para. 6,

I.
There are serious grounds for believing that such persons are subjected to torture or inhuman or degrading treatment or punishment;
Ii.
If there are serious grounds for believing that such persons are being prosecuted on grounds of race, religion, nationality or political opinion, or that the situation of such persons may be aggravated for any of these Reasons.

Reserve relative to art. XIII

Switzerland grants mutual administrative or judicial assistance in the field of taxation. Administrative assistance, the correct application of double taxation agreements and the prevention of the misuse of these conventions are the subject of administrative assistance. With regard to mutual legal assistance, Switzerland provides assistance, on the basis of reciprocity, only for cases of tax fraud.

Declaration on Art. VII

The acceptance by Switzerland of the criminal and disciplinary jurisdiction of the foreign military authorities of a State of origin, in accordance with Art. VII of the Statute of the NATO Forces, is not applicable to the debates, the deliberations of the judges and the pronouncement of the judgment by a criminal court of the State of origin on Swiss territory.


Annex

Convention between the States Parties to the North Atlantic Treaty on the Status of their Forces (SOFA)

19 June 1951

The States Parties to the North Atlantic Treaty,

Signed in Washington on 4 April 1949,

Whereas the forces of a Party may, by agreement, be sent in service in the territory of another Party,

On the understanding that the decision to send these forces and the conditions to which they will be sent, provided that they are not provided for in this Convention, will continue to be the subject of special agreements between the countries Interested,

However wish to determine the status of the armed force of one of the Parties where such force is in service in the territory of another Party,

Agreed to the following provisions:

Art. I

1. In this Convention, the expression:

A.
"Force" means personnel belonging to the land, sea or air forces of one of the Contracting Parties which is for the performance of the service in the territory of another Contracting Party of the North Atlantic Region, under Reservation that two interested Contracting Parties may agree not to consider certain persons, units or formations as constituting a "force" or by being a Party in the light of the provisions of this Convention;
B.
"Civil element" means civilian personnel accompanying the force of a Contracting Party and employed by one of the armies of that Contracting Party, and who is neither stateless nor national of a non-Party State to the North Atlantic Treaty, either The national of the State in whose territory the force is in service, or a person who has his habitual residence there;
C.
"Dependant" means the spouse of a member of a force or civilian component of a force, or the children who are dependent on them;
D.
"State of origin" means the Contracting Party to which the force belongs;
E.
"State of residence" means the Contracting Party in the territory of which the force or civil element is located, either in transit or in transit;
F.
"Military authorities of the State of origin" means the authorities of the State of origin which, under the law of that State, are responsible for applying the military laws of that State to the members of its forces or of its civilian elements;
G.
"North Atlantic Council" means the Council established by s. 9 of the North Atlantic Treaty, or any subordinate body authorized to act on its behalf.

(2) This Convention shall apply to the authorities of the political subdivisions of the Contracting Parties, within the limits of the territories to which, in accordance with the provisions of Art. 20, the Agreement applies or is extended, as it applies to the central authorities of those Contracting Parties, subject to the proviso, however, that the property belonging to the political subdivisions will not be considered to be property owned, Meaning of s. 8, to a Contracting Party.

Art. II

The members of a force or a civilian element, as well as the dependants, shall be obliged to respect the laws in force in the State of residence and to abstain in the territory of that State from any activity incompatible with the spirit of the Present Convention and in particular of any political activity. Moreover, the authorities of the State of origin are required to take the necessary measures to that end.

Art. III

1. Without prejudice to the provisions of s. 2 of this Article, and subject to compliance with the formalities prescribed by the State of residence for the entry and exit of a force, or members of a force, these shall be exempt from passport and visa requirements, as well as Inspection by immigration authorities at the entry and exit of the territory of a State of residence. Nor are they subject to the regulation of the registration and control of foreigners. However, they are not considered to acquire rights to permanent residence or residence in the territories of the State of residence.

2. The only documents below shall be required of members of a force. It must be produced at any requisition:

A.
Personal identity card issued by the State of origin, bearing a photograph and mentioning the name and given name, date of birth, grade, service and, if applicable, the service number;
B.
Order of collective or individual mission in the language of the State of origin as well as in English and French, issued by the competent service of the State of origin or of the North Atlantic Treaty Organization and certifying the status of the person Or the unit as a member or part of a force and the order of travel. The State of residence may require that the order of travel be countersigned by one of its representatives to that qualification.

The passport of which the members of a civilian component and the dependants will be carriers shall report the said quality.

4. If a member of a force or civil element ceases to be at the service of the State of origin and is not repatriated, the authorities of the State of origin shall immediately inform the authorities of the State of residence by giving them all relevant indications. The authorities of the State of origin shall, under the same conditions, inform the authorities of the State of residence of any illegal absence in excess of twenty-one days.

5. If the State of residence has requested the removal of the territory of a member of a force or of a civilian element, or has taken an expulsion order against an ex-member of a force or civil element or against a dependant of a member or of a member The authorities of the State of origin are obliged to receive them on their territory or at least to have them leave the territory of the State of residence. This paragraph applies only to persons who are not nationals of the State of residence and who have entered that State as members of a force or civil element or for the purpose of becoming or dependants thereof.

Art. IV

The State of residence may:

A.
Be accepted as valid without requiring no examination or charge or tax, driving licence or military driving licence issued by the State of origin or by one of its subdivisions to a member of a force or a civilian element;
B.
Issue, without requiring examination, its own licence to drive any member of a force or civilian element, holder of a driving licence or a military driving licence issued by the State of origin or one of its subdivisions.
Art. V

1. Members of a force normally wear their uniform. Subject to any contrary arrangement between the authorities of the State of origin and the State of residence, the civil suit shall be carried out under the same conditions as by the armed forces of the states of residence. Regular military formations of a force must be in uniform at the borders they cross.

2. The vehicles of a force or civilian element registered with the army shall bear, in addition to their registration number, a mark distinct from their nationality.

Art. VI

Members of a force may hold and carry their weapons on condition that they are authorized by the regulations applicable to them. The authorities of the State of origin will kindly examine the requests that the State of residence will present to them in this respect.

Art. VII

Subject to the provisions of this Article:

A.
The military authorities of the State of origin have the right to exercise in the territory of the State of residence the powers of criminal and disciplinary jurisdiction conferred on them by the laws of the State of origin on all persons subject to the law The military of that State;
B.
The authorities of the State of residence shall have the right to exercise their jurisdiction over the members of a force or civilian element and their dependants with regard to offences committed in the territory of the State of residence and punished by the Legislation of that State;
2.
A. The military authorities of the State of origin have the right to exercise exclusive jurisdiction over persons subject to the military laws of that State, in respect of offences punishable under the laws of the State of origin, in particular the Offences violate the security of that State but do not fall under the law of the State of residence;
B.
The authorities of the State of residence shall have the right to exercise exclusive jurisdiction over the members of a force or civil element and on the persons to be charged with regard to offences punishable under the laws of the State of residence, in particular the Offences against the security of that State but not falling under the laws of the State of origin;
C.
For the purposes of this paragraph and subs. 3 of this Article, shall be considered as offences against the security of a State:
I.
Treason,
Ii.
Sabotage, espionage or violation of state or national defence law.

3. In the case of concurrent jurisdiction, the following rules shall apply:

A.
The military authorities of the State of origin shall have the right to exercise by priority their jurisdiction over the member of a force or civil element in respect of:
I.
Offences that affect only the security or property of that State or offences affecting only the person or property of a member of the force, or of a civilian element of that State and of a person at Charge;
Ii.
Offences resulting from any act or negligence carried out in the performance of the service;
B.
In the case of any other offence, the authorities of the State of residence shall exercise their jurisdiction by priority;
C.
If the State which has the right to exercise by priority its jurisdiction decides to renounce it, it shall notify it as soon as possible to the authorities of the other State. The authorities of the State which has the right to exercise by priority its jurisdiction shall consider with benevolence the requests for renunciation of this right, submitted by the authorities of the other State, where they consider that This is particularly important.

4. The provisions of this Article shall not include for the military authorities of the State of origin any right to exercise jurisdiction over nationals of the State of residence or persons who have their habitual residence, unless the latter Are members of the armed forces of the State of origin.

5.
A. The authorities of the states of residence and of origin shall assist each other for the arrest of the members of a force of the State of origin or of a civilian element or dependants in the territory of the State of residence and for their surrender to The authority which has to exercise its jurisdiction in accordance with the above provisions.
B.
The authorities of the State of residence shall promptly notify the military authorities of the State of origin of the arrest of any member of a force or of a civilian or dependent person.
C.
The custody of a member of a force or civil element on which the State of residence has to exercise its right of jurisdiction and which is in the hands of the authorities of the State of origin shall remain insured by the authorities of the State of origin until proceedings have been instituted Committed against him by the State of residence.
6.
The authorities of the states of residence and of origin shall assist each other in the conduct of investigations, in the search for evidence, including the seizure, if any, of the surrender of the exhibits and the objects of the offence. The handing over of the seized parts and objects may, however, be subject to their return within a specified period of time by the authority making the surrender.
B.
The authorities of the Contracting Parties, in the case of concurrent jurisdiction, shall inform each other of the follow-up given to the cases.
7.
It cannot be carried out by the authorities of the State of origin for the execution of a death sentence in the territory of the State of residence if the legislation of the State of residence does not provide for the death penalty in a similar case.
B.
The authorities of the State of residence shall kindly examine the requests of the authorities of the State of origin with a view to assisting them in the execution of the prison sentences imposed on the territory of the State of residence by Such authorities in accordance with the provisions of this Article.

8. Where an accused has been tried in accordance with the provisions of that article by the authorities of a Contracting Party and has been acquitted or, in the case of conviction, if he or she has suffered or has been pardoned or has been pardoned, he shall not be tried again on The same territory, of the chief of the same offence, by the authorities of another Contracting Party. However, that paragraph does not in any way preclude the military authorities of the State of origin from finding a member of a force for any breach of the rules of discipline resulting from the act or omission constituting the offence for which He was tried.

9. When a member of a force or a civilian or a dependant is prosecuted before the courts of the State of residence, he is entitled to:

A.
Be judged quickly;
B.
To be kept informed, prior to the proceedings, of the charge or charges against him;
C.
To be confronted with dependent witnesses;
D.
That the witnesses to the discharge are obliged to present themselves if the court of the State of residence has the power to oblige them to do so;
E.
To be represented according to his choice or to be assisted in the legal conditions prevailing at the time in the State of residence;
F.
If it considers it necessary, to the service of a competent interpreter;
G.
To communicate with a representative of the government of the State of origin, and where the rules of procedure permit, to the presence of that representative in the debates.
10. A.
Regular military units or formations consisting of a force shall have the right of police on all camps, establishments or other facilities occupied by it under an agreement with the State of residence. The military police of units or formations may take all necessary measures to ensure the maintenance of order and security in these facilities.
B.
The use of the said military police outside these facilities shall be subject to an agreement with the authorities of the State of residence, shall be in liaison with the authorities of the State of residence and shall intervene only insofar as this is necessary in order to maintain order and Discipline among members of these units or formations.

Each Contracting Party shall submit to the legislative authority the projects it considers necessary to enable the security and protection of the installations, equipment, properties, archives and the Official documents of the other Contracting Parties as well as the enforcement of infringements of this legislation.

Art. VIII

(1) Each Contracting Party shall waive any claim for compensation against another Contracting Party for damage caused to State property used by its armed forces of land, sea and air:

I.
If the damage is caused by a member of the armed forces of the other Contracting Party, or by an employee of the other Contracting Party, in the performance of his duties under the North Atlantic Treaty,
Ii.
Or if it is caused by a vehicle, ship or aircraft of a Contracting Party and used by its armed forces, provided, or the vehicle, the ship or aircraft causing damage has been used for actions undertaken within the framework of the Operations of the North Atlantic Treaty, or that the damage was caused to goods used under the same conditions.

Applications for maritime rescue claims made by a Contracting Party shall be the subject of the same waiver, provided that the ship or cargo rescued is the property of a Contracting Party and is used by its forces On the occasion of actions undertaken within the framework of the North Atlantic Treaty.

2.
A. In the case of damages other than those provided for in s. 1 above that have been caused to the property of a Contracting Party situated in the territory of that Contracting Party, and provided that the Contracting Parties concerned have not concluded any other agreement, it shall be pronounced on the liability and the amount of the Injury by a single arbitrator chosen in accordance with the provisions of para. B. Below. The arbitrator will also be aware of any counterclaims.
B.
The arbitrator provided for in para. A. Above shall be chosen by agreement between the Contracting Parties concerned among nationals of the State of residence exercising or having exercised a high judicial function. If the Contracting Parties concerned have not been able, at the expiration of a period of two months, to agree on the appointment of this arbitrator, either may request the Chairman of the Substitutes of the North Atlantic Council to choose a Person meeting the qualifications listed above.
C.
Any decision taken by the arbitrator shall be final and binding on the Contracting Parties.
D.
The amount of any compensation awarded by the arbitrator shall be reallocated as set out in s. 5. ., (i), (ii) and (iii) below.
E.
The remuneration of the arbitrator shall be fixed by agreement between the Contracting Parties concerned and shall be, together with the expenses incurred by the performance of its functions, borne equally by the said Parties.
F.
However, each Contracting Party shall waive the claim for compensation if the amount of the damage is less than the following amounts:
Belgium: Fr. B. 70,000
Canada: $1,460
Denmark: Kr. 9670
France: Fr. Fr 4900
Iceland: Kr.
Italy: Li. 850 000
Luxembourg: Fr. L. 70,000
Netherlands: Fl. 5320
Norway: Kr. 10,000
Portugal: Escu 40 250
United Kingdom: £ 500
United States: $1400.
G.
Any other Contracting Party whose property has been damaged in the same incident will also forfeit its claim to the amounts indicated above. In the case of large changes in the exchange rate, the Contracting Parties shall adjust the above figures.

3. The provisions of s. 1 and 2 of this Article shall apply to any ship chartered by a Contracting Party by a Contracting Party, or requisitioned by it with a bare-shell charter contract, or of good catch (except for the part of the risk of loss and Responsibility borne by someone other than that Contracting Party).

4. Each Contracting Party shall waive the request for compensation to another Contracting Party in the event that a member of its armed forces has suffered injury or has died in the performance of the service.

5. Claims for allowances (other than those resulting from the application of a contract and those to which s. 6 or 7 of this Article shall apply) to the head of acts or omissions of which a member of a force or a civilian element is liable in the performance of the service or the head of any other act, neglect or incident of which a force or element Shall be legally liable and which have caused damage to a third party other than one of the Contracting Parties in the territory of the State of residence, shall be settled by the State of residence in accordance with the following provisions:

A.
Claims for compensation are introduced. And decisions taken, in accordance with the laws and regulations of the State of residence applicable in the matter to its own armed forces;
B.
The State of residence may decide on such damage; it shall make payment of the allowances allocated in its own currency;
C.
That payment, whether it is the result of the direct regulation of the case or a decision by the competent court of the State of residence, or of the decision of the same court resulting in the applicant, definitively binding the Contracting Parties;
D.
Any compensation paid by the State of residence shall be brought to the attention of the States of origin concerned, which shall at the same time receive a detailed report and a proposal for allocation established in accordance with paras. ., (i), (ii) and (iii) below. If no reply is received within two months, the proposal will be considered accepted;
E.
The burden of compensation paid for the repair of the damage referred to in the preceding paragraphs and in subs. 2 of this Article shall be distributed among the Contracting Parties under the following conditions:
I.
When a single State of origin is responsible, the amount of the allowance shall be returned to a maximum of 25 % for the State of residence and 75 % for the State of origin;
Ii.
Where the liability is incurred by more than one State, the amount of the allowance shall be returned to each other on equal parts; however, if the State of residence is not one of the responsible States, its share shall be half that of each State of origin;
Iii.
If the damage is caused by the armed forces of the Contracting Parties without the possibility of attributing it in a precise manner to one or more of those armed forces, the amount of the compensation shall also be returned to the Parties However, if the State of residence is not one of the states whose armed forces have caused the damage, its share will be half that of each of the states of origin;
Iv.
Semi-annually, a statement of the sums paid by the State of residence during the previous six-month period in respect of cases for which a percentage distribution has been accepted will be addressed to the States of origin concerned with a request for Refund. Reimbursement shall be made as soon as possible in the currency of the State of residence;
F.
Where, as a result of the application of the provisions of paras. B. And e. Above, a Contracting Party would be imposing a burden which would affect it too heavily, and it may ask the North Atlantic Council to settle the case on a different basis;
G.
No way of execution can be carried out on a member of a force or civil element where a judgment has been pronounced against him in the State of residence in the event of a dispute arising from an act performed in the performance of the service;
H.
Except to the extent that para. E. Of this paragraph shall apply to claims covered by subs. 2 of this Article, the provisions of this paragraph shall not apply in the case of navigation of the operation of a ship, loading or unloading or transport of a cargo, unless there has been a death or injury of a person and That s. 4 not applicable.

(6) Claims for compensation against members of an armed force or a civilian element based on prejudicial acts or omissions that have not been made in the performance of the service shall be dealt with in the following manner:

A.
The authorities of the State of residence shall hear the claim for compensation and shall determine in a fair and equitable manner the compensation payable to the applicant, taking into account all the circumstances of the case, including the conduct and conduct of the person Aggrieved, and prepare a report on the case;
B.
This report shall be sent to the authorities of the State of origin, who then decide without delay whether they will make an ex gratia compensation, and in that case set the amount;
C.
If an offer of ex gratia compensation is made and accepted as full compensation by the applicant, the authorities of the State of origin shall make this payment themselves and inform the authorities of the State of residence of their decision and The amount of the amount paid;
D.
The provisions of this paragraph shall in no way preclude the court of the State of residence ruling on the action which could be brought against a member of a force or a civilian element, provided that a full payment Satisfactory was not performed.

(7) Claims for compensation based on the unauthorized use of any vehicle of the armed forces of a State of origin shall be dealt with in accordance with the provisions of par. 6 of this Article, except in the case where the force itself or the civilian element is legally responsible.

8. If there is a dispute as to whether the injurious act or neglect of a member of a force or civil element has been accomplished in the performance of the service or whether the use of a vehicle belonging to the Armed forces of a state of origin had not been authorized, the case was brought before a designated arbitrator in accordance with s. 2 b. Of this Article, which decides on this point.

9. Except as provided for in s. 5 g. Of this Article, the State of origin may not, as regards the civil jurisdiction of the courts of the State of residence, invoke immunity from the jurisdiction of the courts of the State of residence in favour of members of a force or of a civil element.

The authorities of the State of origin and of the State of residence shall assist in the search for the evidence necessary for a fair examination and a decision in respect of requests for allowances of interest to the Contracting Parties.

Art. IX

1. Members of a force or civilian component and their dependants may obtain the goods necessary for their own consumption and the services they require on the spot in the same manner as the Nationals of the State of residence.

2. Goods purchased on premises intended for the subsistence of a force or civilian element will normally be purchased through the competent services for the purchase of such goods for the armed forces of the State of residence. In order to prevent such purchases from having a detrimental effect on the economy of the State of residence, the competent authorities of the State of residence shall designate the articles which, if any, should be totally or partially excluded from such purchases.

3. Subject to the application of the agreements in force or which may be concluded by the competent authorities of the states of residence and of origin, the authorities of the State of residence shall take the appropriate measures to ensure that they are The provision of a force or civil element to the buildings and the related services that may be required by them. Such agreements and arrangements shall, to the extent possible, be in conformity with the regulations concerning housing and the cantonment of similar staff of the State of residence. In the absence of a convention stipulating the contrary, the rights and obligations arising from the occupation or use of a building and the use of the services and easements thereto shall be governed by the laws of the State of residence.

The local needs for civil manpower of a force or civilian element are met in the same way as those of the like services of the State of residence, with their assistance and through the services of the labour force. The conditions of employment and employment, in particular salaries and wages and the conditions for the protection of workers, shall be settled in accordance with the legislation in force in the State of residence. These civilian workers employed by a force or civilian element are not considered to be members of that force or civilian element.

5. If medical and dental services attached to a force or civilian component are insufficient, their members and their dependants may receive medical and dental care, including hospitalization, in the same Conditions that the corresponding staff of the State of residence.

6. The State of residence shall treat with benevolence requests for traffic facilities and tariff reductions which it may grant to members of an armed force or of a civilian element. These facilities and reductions will be the subject of special arrangements between the governments concerned.

7. Subject to any general or specific financial agreement between the Contracting Parties, payments in local currency for the goods, accommodation and services provided for in subs. 2, 3, 4 and if necessary 5 and 6 of this article shall be carried out without delay by the authorities of force.

8. A force, a civilian element, their members, or their dependants, shall not avail themselves of this Article in order to claim an exemption from taxes applicable to purchases of goods and services under the Tax regulation of the State of residence.

Art. X

1. If, in the State of residence, the establishment of any tax is a function of the residence or domicile of the person liable, the periods during which a member of a force or of a civil element will be present in the territory of that State, in Solely as a member of this force or civilian element, will not be considered, for the purposes of the audit, as periods of residence or as a result of a change of residence or residence. Members of a force or civil element shall be exempt in the State of residence from any tax on the salaries and emoluments paid to them by the State of origin as well as on all tangible personal property belonging to them and Whose existence in the State of residence is due solely to their temporary presence in that State.

(2) This Article shall not in any way exempt the member of a force or civil element from taxes relating to profit-generating activities, other than those which it exercises in that capacity, to which it may engage in the State of Stay. Except in respect of the treatment, the emoluments and the tangible personal property referred to in s. 1, the provisions of this Article shall in no way preclude the collection of taxes to which the said Member is subject under the law of the State of residence, even if he is considered to have his residence or domicile outside the territory of This state.

3. The provisions of this Article shall not apply to "rights" as defined in s. 12 of the art. 11.

4. In the light of the provisions of this Article, the term "member of a force" shall not apply to a person who is a national of the State of residence.

Art. XI

(1) Subject to the derogations established by this Convention, members of a force or of a civilian element and their dependants shall be subject to the laws and regulations whose application is entrusted to the customs administration of The State of residence. The officers of this administration shall have the right, in particular, to carry out, under the general conditions laid down in the legislation and regulations in force in the State of residence, the visit of the members of a force or of a civilian element as well as of the Persons in charge, their luggage and their vehicles; they also have the right of seizure in accordance with this legislation and regulations.

2.
A. The temporary importation and re-exportation of vehicles registered to the army belonging to a force or civil element circulating in their own means shall be allowed duty free on presentation of a triptych of the model shown Annexed to this Convention.
B.
The temporary importation of vehicles registered with the army, not circulating in their own means, shall be carried out under the conditions laid down in subs. 4 and their re-exportation under the conditions set out in par. 8 of this article.
C.
Army-registered vehicles belonging to a force or civilian element also benefit from the exemption of taxes which may be due due to the movement of vehicles on the roads.

3. Official documents under sealed envelopes of an official seal shall not be subject to the visit and the customs control. The letters which carry out the carriage must be equipped, whatever their quality, of an individual mission order shall deliver under the conditions set out in Art. 3, para. 2 b. This order of mission must state the number of folds and certify that they contain only official documents.

4. A force may import duty free of its equipment and reasonable quantities of supply, material and other goods for the exclusive use of that force or, in cases where it is authorized by the State of residence, to Use of the civilian component and dependants. The admission thus provided for duty free shall be subject to the deposit, at the Customs Office, in support of the customs documents which have been agreed to provide, of a certificate accepted by the State of residence and by the State of origin, Signed by a person authorised for that purpose by the State of origin. The designation of the person authorised to sign the certificates and the specimens of his signature and the stamps used shall be sent to the customs administrations of the State of residence.

5. A member of a force or a civil element may, on the occasion of his first arrival in order to take his service in the State of residence, or on the occasion of the first arrival of a person to his office to join him, import his effect and his Personal furniture duty free for the duration of the stay.

6. Members of a force or of a civil element may be entitled to the temporary duty free allowance in the event of temporary importation of private motor vehicles intended for their personal use and that of their dependants. This provision does not entail the duty to exempt taxes which may be payable for the use of roads by private vehicles.

7. Imports by the authorities of a force for purposes other than satisfaction of the exclusive needs of that force or its civilian element, as well as imports, other than those referred to in subs. 5 and 6 of this Article, carried out by members of an armed force or of a civilian element, shall not enjoy, under this Article, any exemption from rights or exemption from formalities.

8. Goods allowed duty-free under the provisions of s. 2 b., 4, 5 or 6 above:

A.
May be re-exported freely provided that, in respect of goods imported under s. 4, is given to the Customs Office a certificate issued under the conditions laid down in that paragraph. However, the customs department retains the right to verify, where applicable, that the goods re-exported are those described on the certificate in the case or that it is necessary, and have actually been imported under the conditions Provided by s. 2 b., 4, 5 or 6 as applicable;
B.
May not normally be sold for consideration or free in the State of residence. However, in special cases such an assignment may be authorised, subject to the conditions imposed by the competent authorities of the State of residence (for example, payment of duties and taxes, completion of the formalities inherent in the Foreign trade and foreign exchange control).

9. The export of goods purchased in the State of residence shall be subject to the regulations in force on the territory of that State.

10. Special facilities shall be granted by the customs authorities for the crossing of borders by regularly supervised units or formations, provided that the customs authorities concerned have received the appropriate notification in Time.

Special provisions shall be made by the State of residence so that the fuels and lubricants intended for the use of vehicles registered with the army, aircraft and military vessels of a force or civil element are delivered free of All duties and taxes.

12. For the purposes of the first ten paragraphs of this Article, the word "rights" means customs duties and any other duties and taxes levied, as the case may be, on the importation or exportation, other than the duties and taxes which Are a reimbursement of fees for service rendered. The word "import" includes the removal of goods placed in a customs warehouse or similar regime, provided that they are goods that have not been collected, manufactured or manufactured in the State of residence.

13. The provisions of this Article shall apply not only to goods imported into or exported from that State, but also to goods in transit through the territory of a Contracting Party. In this case, the expression "State of residence" means, in this Article, any Contracting Party through the territory in which the goods pass.

Art. XII

1. Any exemption or customs or fiscal facility granted under this Convention shall be subject to compliance with the provisions which the customs or tax authorities of the State of residence may consider necessary to prevent Abuse.

2. The same authorities may decide that they will not benefit from the exemptions provided for in this Agreement imports of products harvested, manufactured or manufactured in the State of residence and exported in advance free of charge or Refund of duties and taxes that were due in the event that the goods were not exported. This provision also applies to goods removed from a customs bonded warehouse, if the deposit in that warehouse was considered to be an export.

Art. XIII

1. With a view to the suppression of infringements of customs and tax laws and regulations, the authorities of the states of residence and of origin are open to mutual assistance in the investigation and search of evidence.

2. The authorities of a force shall give all assistance in their power so that the goods liable to seizure, by the customs or tax authorities of the State of residence or to their profits, are given to them.

(3) The authorities of a force shall undertake to do everything in their power to ensure that the duties, taxes and fines owing are paid by the members of that force or its civilian component, as well as by the persons responsible for them.

4. Vehicles registered with the army and goods belonging to a force or its civilian element and not to one of their members, and seized by the authorities of the State of residence on the occasion of a customs or fiscal offence, shall be surrendered to the Competent authorities of this force.

Art. XIV

1. A force, a civilian element, their members, and their dependants, remain subject to the rules of exchange control of the State of origin and must comply with the rules of the State of residence.

2. The foreign exchange control authorities of the States of origin and residence may bring into force special provisions applicable to a force, its civilian element or their members and to the persons to whom they are responsible.

Art. XV

1. Subject to the provisions of subs. 2 below, this Convention shall remain in force in the event of hostilities resulting in the application of the provisions of the North Atlantic Treaty. However, the provisions relating to the settlement of damages contained in subs. 2 and 5 of Art. 8 shall not apply to war damages and the provisions of this Convention, in particular that of art. 3 and 7, shall be subject to further review by the Contracting Parties concerned. These may possibly agree on amendments which would appear desirable in respect of the application of the Convention between them.

2. In the case of hostilities as defined above, each Contracting Party shall have the right, by notifying it within sixty days to the other Contracting Parties, to suspend the application of any of the provisions Of the Convention as far as necessary. If this right is exercised, the Contracting Parties shall consult immediately with a view to agreeing on the provisions to be replaced by those for which the application is suspended.

Art. XVI

Any dispute between the Contracting Parties in respect of the interpretation or application of this Convention shall be settled by negotiations between them without recourse to an external jurisdiction. Except in the case where this Convention contains a contrary provision, disputes which cannot be settled through direct negotiations shall be brought before the North Atlantic Council.

Art. XVII

Each Contracting Party may at any time request the revision of any article of this Convention. The request will be addressed to the North Atlantic Council.

Art. XVIII

1. This Convention shall be ratified and the instruments of ratification shall be deposited as soon as possible with the Government of the United States of America, which shall notify the date of such deposits to each signatory State.

2. This Convention shall enter into force thirty days after the deposit by four signatory States of their instruments of ratification. It shall enter into force for each of the other signatory States thirty days after the deposit of its instrument of ratification.

3. After its entry into force, this Convention, subject to the approval of the North Atlantic Council and the conditions which it may fix, shall be open to any State acceding to the North Atlantic Treaty. Accession shall become effective by the deposit of an instrument of accession with the Government of the United States of America, which shall notify each signatory and the State acceding to the filing date of which it is concerned. This Convention shall enter into force, in the light of any State in the name of which an instrument of accession shall be deposited, thirty days after the date of deposit of that instrument.

Art. XIX

(1) This Convention may be denounced by each Contracting Party after the expiration of four years from the date of its entry into force.

2. The denunciation of the Convention by a Contracting Party shall be by written notification addressed by that Party to the Government of the United States of America which shall inform all other Contracting Parties of that notification and of the date From its reception.

The denunciation shall take effect one year after receipt of its notification by the Government of the United States of America. After the expiration of that one-year period, the Convention shall cease to be in force for the Party which has denounced it, but shall remain in force between the other Contracting Parties.

Art. XX

Subject to the provisions of subs. 2 and 3 below, this Convention shall apply only to the metropolitan territory of a Contracting Party.

2. However, a State may, upon the deposit of its instruments of ratification or accession, or at a later date, declare, by notification to the Government of the United States, that this Convention shall extend to all territories or territories Whose international relations are provided by it in the North Atlantic region, subject, if the State making the declaration deems it necessary, to the conclusion of a special agreement between that State and each of the States of origin. This Convention shall be applied for the territory or territories thus mentioned, thirty days after the receipt by the Government of the United States of America of the notification, or thirty days after the conclusion of the special agreement Or, upon entry into force of the Convention as defined in Art. 18, if the latter intervenes after that period.

3. A State which has made the declaration provided for in para. 2 above of this Article with a view to extending the Convention to a territory for which it is responsible for international relations, may denounce the Convention in accordance with the conditions laid down in Art. 19 in respect of that territory alone.

In witness whereof, The following plenipotentiaries have signed this Convention.

Done at London on June 19, 1951, in English and in French, both texts being equally authentic, in a single copy which shall remain deposited in the archives of the Government of the United States of America. The Government of the United States of America will transmit authentic copies to all signatory and acceding governments.

(Suivent signatures)



1 Translation of original English text.
2 The text is published, in the annex, after the reservations and declarations made by Switzerland in respect of the SOFA of NATO.
3 RO 2003 3105 , 2009 63, 2013 709. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on February 7, 2013