14. člen BUSPSO
ARTICLE I
Ta sporazum začne veljati na dan, ko pogodbenici izmenjata diplomatske note, ki potrjujejo, da je vsaka pogodbenica končala vse ustrezne postopke, potrebne za začetek veljavnosti tega sporazuma in ostane v veljavi sedem let. Ta sporazum se lahko spremeni ali podaljša s pisnim soglasjem pogodbenic in ga lahko ena ali druga pogodbenica odpove, tako da o tem devetdeset
(90)dni prej pisno uradno obvesti drugo pogodbenico. Ne glede na odpoved tega sporazuma ali izvedbenih sporazumov, obveznosti Republike Slovenije, določene v 6., 7., 11. in 12. členu tega sporazuma, ostanejo v veljavi ne glede na zadevni časovni okvir, razen če se pogodbenici pisno ne dogovorita drugače. Sklenjeno v Ljubljani dne 21. junija 1999 v dveh izvodih v slovenskem in angleškem jeziku, pri čemer sta obe besedili enako verodostojni. Za Republiko Slovenijo: dr. Ernest Petrič l. r. Za Združene države Amerike: Nancy Ely-Raphel l. r. The Republic of Slovenia and the United States of America, hereinafter referred to as the Parties, Desiring to promote the establishment of verifiable measures in the Republic of Slovenia to prevent the proliferation of weapons of mass destruction, and the technology, materials, and expertise related to such weapons; Desiring to prevent the unauthorized transfer and transportation of nuclear, biological, and chemical weapons and related materials; Have agreed as follows: The Parties shall cooperate as appropriate in order to assist the Republic of Slovenia in achieving the following objectives: a) The establishment of a verifiable measures in the Republic of Slovenia to prevent the proliferation of weapons of mass destruction, and the technology, materials, and expertise related to such weapons; b) The prevention of the unauthorized transfer and transportation of nuclear, biological, and chemical weapons and related materials. 1. The Parties, through their Executive Agents, may enter into implementing agreements or arrangements as appropriate to accomplish the objectives set forth in Article I of this Agreement. 2. In case of any inconsistency between this Agreement and any implementing agreements, the provisions of this Agreement shall prevail. Each Party shall appoint an Executive Agent to implement this Agreement. For the Republic of Slovenia, the Executive Agent shall be the Ministry of Defense. For the United States of America, the Executive Agent shall be the Department of Defense. Except as otherwise provided in this Agreement or in an implementing agreement, the terms of this Agreement shall apply to all material, training or services provided in accordance with this Agreement or implementing agreements, and to all related activities and personnel. 1. The Republic of Slovenia shall facilitate the entry and exit of employees of the Government of the United States of America and contractor personnel of the United States of America into and out of the territory of the Republic of Slovenia for the purpose of carrying out activities in accordance with this Agreement. 2. Aircraft and vessels, which are not regularly scheduled commercial airplanes and which are used by the United States of America for activities in accordance with this Agreement, shall be free from customs duties, as well as from landing fees, navigation charges, port duties, levies, and any other charges claimed by the Republic of Slovenia, or any of its agencies, sub-departments or bodies. Customs controls shall be performed according to procedures agreed to by the Parties. 3. If an aircraft other than a regularly scheduled commercial aircraft is used by the United States of America for transportation to the Republic of Slovenia, its fight plan shall be filed in accordance with the procedures of the International Civil Aviation Organization applicable to civil aircraft, including, in the remarks section of the flight plan, a confirmation that the appropriate clearance has been obtained. The Republic of Slovenia shall provide parking, security protection, servicing, and fuel for aircraft of the United States of America free of charge. 1. Unless written consent has been obtained in advance from the United States of America, the Republic of Slovenia shall not transfer title to, or possession of, any material, training or services provided in accordance with this Agreement to any entity, other than an officer, employee or agent of a Party to this Agreement and shall not permit the use of such material, training or services for purposes other than those for which it has been furnished. The Republic of Slovenia shall take all reasonable measures within its power to ensure the security of material, training or services provided pursuant to this Agreement and shall protect them against seizure or improper use. 2. In the event that any material provided under this Agreement is not used for the purpose for which it was intended, the provisions of current customs legislation of the Republic of Slovenia shall apply to the payment of import duties related to such material. 1. In reference to legal proceedings and civil claims other than contractual claims, the Republic of Slovenia shall hold harmless and indemnify the United States of America and its personnel, contractors, and contractors’ personnel, for damages to property, or death or injury to any persons in the Republic of Slovenia, arising out of activities under this Agreement. 2. The provisions of this Article shall not prevent the Parties from providing compensation in accordance with respective national legislation. 3. Nothing in this Article shall be interpreted to prevent legal proceeding or claims against citizens of the Republic of Slovenia or against persons with permanent residence in the Republic of Slovenia. The activities of the United States of America under this Agreement shall be subject to the availability of appropriated funds. Military personnel and civilian employees of the Government of the United States of America and their dependents present in the territory of the Republic of Slovenia for activities related to this agreement shall be granted privileges and immunities equivalent to those granted to administrative and technical personnel under the Vienna Convention on Diplomatic Relations, 18. April 1961. 1. The United States of America, its personnel, contractors, contractors’ personnel shall not be liable for the payment of any taxes or similar charges to the Republic of Slovenia or any of its agencies, sub-departments or bodies for activities undertaken in accordance with this Agreement. The United States of America shall provide a list to the Ministry of Defense of the Republic of Slovenia of those specific activities which shall be exempt from taxes not later than 10 days prior to their implementation. 2. The United States of America, its personnel, contractors, and contractors’ personnel may import into, and export out of, the Republic of Slovenia any equipment, supplies, material or services necessary for the implementation of this Agreement. Such import or export of goods and services, which shall be regarded as temporary imports or exports, shall not be subject to any customs, duties, taxes or any other charges by the Republic of Slovenia or any of its agencies, sub-departments or bodies. In the event that the United States of America awards contracts for the procurement of goods and services, including construction, in order to implement this Agreement, such contracts shall be awarded in accordance with the laws and regulations of the United States of America. The procurement of goods and services in the Republic of Slovenia for or in the name of the United States of America in implementing this Agreement shall not be subject to any taxes, levies, duties or similar charges by the Republic of Slovenia or any other of its agencies, sub-departments or bodies. In any case where such goods or services are not exempted from the payment of liabilities according to the legislation of the Republic of Slovenia, such payment shall be made from the financial resources of the Republic of Slovenia. Upon written request provided thirty days in advance, representatives of the Government of the United States of America shall have the right, during the period of this Agreement and for three years thereafter, to examine the use of any material, training or other services provided in accordance with this Agreement by the United States of America, at sites of their location or use, and shall have the right to audit and examine all records or documentation related to the use of material or services provided in accordance with this Agreement. Any disagreements or disputes concerning the interpretation or implementation of this Agreement shall be resolved solely through consultation by the Parties, and shall not be referred to any third party, court or tribunal. This Agreement shall enter into force upon the date on which the Parties exchange diplomatic notes confirming the completion by each Party of all applicable procedures required for entry into force of this Agreement, and shall remain in force for seven years. This Agreement may be amended or renewed with the written consent of the Parties and may be terminated by either Party upon ninety
(90)days written notification to the other Party of its intention to do so. Notwithstanding the termination of this Agreement or the implementing agreements, the obligations of the Republic of Slovenia provided for in Articles VI, VII, XI and XII of this Agreement shall remain in force notwithstanding the time frame involved, unless otherwise agreed in writing by the Parties. Done at Ljubljana this 21st day of June, 1999, in duplicate, in the Slovenian and English languages, both texts being duly authentic. For the Republic of Slovenia: dr. Ernest Petrič, (s) For the United States of America: Nancy Ely-Raphel, (s)
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