1. Ta memorandum začne veljati s potrditvijo obeh udeleženk, da so dokončani potrebni notranji postopki, in velja, dokler ga udeleženki ne odpovesta ob obojestranskem soglasju ali ga ena udeleženka šest mesecev vnaprej ne odpove s pisnim uradnim obvestilom. Potrditev o dokončanju ustreznih postopkov se sporoči z izmenjavo diplomatskih not. 2. Če se ta memorandum odpove, se še naprej naprej uporabljajo ustrezne določbe za zadeve, ki ob odpovedi niso rešene, kot na primer: a. določila 7. člena (Logistika in finance), 10. člena (Zahtevki in odškodninska odgovornost) in 17. člena (Reševanje sporov) veljajo, dokler niso dokončno rešena vsa neporavnana plačila, zahtevki in spori, in b. določila 11. člena (Zaščita tajnih podatkov in varnost) veljajo, dokler taki podatki in gradivo niso uničeni ali vrnjeni izvorni udeleženki. To besedilo je dogovor, ki sta ga o vprašanjih, navedenih v njem, dosegli Vlada Republike Slovenije in Vlada Združenega kraljestva Velika Britanija in Severna Irska. Podpisano v Ljubljani 30. junija 2004 v dveh izvirnikih v slovenskem in angleškem jeziku, pri čemer sta obe besedili enako veljavni. Za Vlado Republike Slovenije Milan Jazbec l. r. Za Vlado Združenega kraljestva Velika Britanija in Severna Irska Hugh Mortimer l. r. INTRODUCTION The Government of the Republic of Slovenia and the Government of the United Kingdom of Great Britain and Northern Ireland (hereafter jointly referred to as the Participants): HAVING REGARD TO the provisions of the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces (NATO SOFA), done at London on 19 June 1951, and of the Agreement among the States Parties to the North Atlantic Treaty and the Other States participating in the Partnership for Peace regarding the Status of their Forces (PfP SOFA), done at Brussels on 19 June 1995; HAVING REGARD TO the Memorandum of Understanding on Defence Contacts and Cooperation between the Government of the Republic of Slovenia and the Government of the United Kingdom of Great Britain and Northern Ireland signed in London on 1 February 1995; IN CONSIDERATION OF the concept behind the deployment of the Participants’ Armed Forces to each other’s country for the conduct of mutually approved military exercises and training; AND IN CONSIDERATION OF the needs of the Armed Forces of one Participant for Host Nation Support when deployed to the other’s country; HAVE REACHED the following understandings: In this Memorandum of Understanding (Memorandum) the following definitions apply: a. Visiting Forces. The Armed Forces of one Participant when deployed to the territory of the other Participant for the purposes of conducting mutually approved exercises. The term includes the personnel, ships, aircraft, vehicles, stores, equipment, ammunition, missiles and provisions, together with civilian components of such forces as defined in the NATO SOFA, as well as all air, sea and surface movement resources, together with their supporting services, required to deploy the forces mentioned above. b. Host Nation. The Participant or, as the context requires, the State which receives and temporarily hosts the forces of the other Participant on its territory during mutually approved exercises. c. Host Nation Support (HNS). The civil and military assistance rendered by one Participant to the forces of the other Participant during mutually approved exercises held in its territory, including airspace and territorial waters. d. Military Authorities. The appropriate office or military formation of the Armed Forces of either Participant and specified, if necessary, in the Implementing Arrangement. e. Training Areas. Those areas in the Host Nation defined in the exercise plans in which Visiting Forces are deployed for the purpose of conducting the exercise in question. f. Exercises and Training. This term includes unilateral, bilateral and multilateral exercises and training activities involving both units and individuals, exchanges and attachments of units but excludes education of individuals on courses. g. Implementing Arrangement. A follow-on arrangement to this Memorandum which will be concluded for each exercise or other training activity and which will detail the requirements of the Visiting Forces and the Host Nation resources available to meet those requirements. The Implementing Arrangement will also detail the necessary procedures to be implemented by the Participants for the provision of HNS and, as required, the conduct of the exercise. The Implementing Arrangement will be a subordinate document to this Memorandum and will be interpreted consistently with the provisions of it. 1. The purpose of this Memorandum is to identify the responsibilities and general principles concerning the conduct of exercises and training and the provision of HNS. The Memorandum will also describe the standards, type, level, and methods of support that the Host Nation will provide to the Visiting Forces during exercises. 2. Detailed procedures and general support requirements will be covered in the relevant Implementing Arrangement(s). The detailed support approved for each exercise location will be documented in Annexes to the relevant Implementing Arrangement. 3. Unless otherwise stated in this Memorandum, the provisions for HNS arrangements described herein will apply from the entry of initial components of the Visiting Forces into the territory of the Host Nation and continue until the last components of those forces depart from the territory of the Host Nation. 4. This Memorandum is not intended to conflict with the laws of the Host Nation or any international agreements which might be in force between the Participants and in any case of conflict, the provisions of the latter will prevail. 1. In matters covered in this Memorandum the following documents, in particular, or their successors, will be applicable: a. the NATO SOFA; b. the PfP SOFA; and c. the relevant exercise plans and instructions. 2. NATO documents that may guide the establishment of the Participants’ Implementing Arrangements include but are not limited to: a. MC 319/1: NATO Principles and Policies for Logistics; b. MC 334/1: NATO Principles and Policies for Host Nation Support; c. AJP 4.5: Allied Joint Host Nation Doctrine and Procedures; and d. C-M(2002)
(49)dated 17 June 2002 – Security within the North Atlantic Treaty Organisation. 3. NATO Standardisation Agreements (STANAGs) that may guide the establishment of the Participants’ Implementing Arrangements include but are not limited to: a. STANAG 2034: NATO Standard Procedures for Mutual Logistic Assistance (supersedes STANAG 3381); b. STANAG 2061: Procedures for Disposition of Allied Patients by Medical Installations; c. STANAG 2132: Documentation Relative to Medical Evacuation, Treatment and Cause of Death of Patients; d. STANAG 3113: Provision of Support to Visiting Personnel, Aircraft and Vehicles; and e. STANAG 6012: Financial Principles and Procedures Relating to the Use of Training Areas and Training Facilities. Within the provisions of this Memorandum the Host Nation will: a. Authorise and take all necessary measures to facilitate:
(1)the reception of Visiting Forces at the designated point(s) of entry,
(2)the onward movement to the designated Training Areas,
(3)the conduct of the exercise or training activity, and
(4)the recovery of Visiting Forces to and through the designated point(s) of departure in accordance with approved exercise and support plans; b. Authorise Visiting Forces to use the Host Nation’s national air routes based on the approved plans and national procedures; c. Take all necessary measures to facilitate the use of airport and port facilities, air, sea, road and rail routes in order to ensure entry, reception, redeployment of those forces and supply of stores as specified in the exercise or training plans; d. Authorise and arrange for the supply and use of local resources, including, if specifically requested to do so, services from commercial sources, to meet the requirements of the Visiting Forces for stores and equipment, including fuel, rations, equipment, vehicles, communications facilities, premises, hospitalisation, labour and other services as specified in the relevant Implementing Arrangement(s); e. Authorise, subject to proper notification, the import into, movement within and export from its territory of materiel, rations, weapons and ammunition as required by the Visiting Forces for the purpose of conducting exercises and training; f. Assist in the necessary customs procedures for the exercise or training activity in question, and notify the Visiting Forces of specific requirements for managing the safe import into, movement within, and export from its territory of hazardous materials and in particular explosives and ammunition; g. Authorise the Visiting Forces personnel to carry individual arms and ammunition during the exercise at such times and in such places as determined between the appropriate Host Nation military authorities and the Commander of the Visiting Forces; h. Provide liaison staff for advisory services such as interpretation and management of customs clearances, if specified in Implementing Arrangements; i. Ensure, as far as possible, that the standard of goods and services rendered to the Visiting Forces is equivalent to those provided to its own military personnel of comparable rank or classification, unless otherwise mutually determined by the Participants; j. Provide estimates of costs for the goods and services to be rendered by the Host Nation; k. Authorise Visiting Forces to install consumption measurement and control devices for utilities and services, as required, on the understanding that such devices will be removed at the end of the exercise and that the Visiting Forces will be responsible for any damage caused to the facility monitored by such actions; l. Advise on the environmental regulations applicable during the exercise, specifying in the relevant Implementing Arrangements those pertinent principles and procedures for the protection of the environment in the Training Area(s). Within the provisions of this Memorandum, the Visiting Forces will: a. Conduct exercises and training in accordance with the relevant Implementing Arrangement and use the Host Nation facilities in accordance with the procedures outlined in that Implementing Arrangement and with any existing National Logistic Support Plans supplementing this Implementing Arrangement; b. Subject to the provisions of Section 7 of this Memorandum, reimburse the Host Nation for all mutually approved supplies and services rendered by the military authorities of the Host Nation, save for those items provided for temporary use. Any items provided for temporary use by the Visiting Forces will be used with care and returned to the appropriate Host Nation military authorities prior to departure in the same condition in which they were received, except for wear and tear encountered during normal use; c. Subject to the provisions of the NATO SOFA, comply with the customs formalities and procedures of the Host Nation; d. Provide liaison personnel to co-ordinate all logistic activities with local civil authorities, as required, and at points of entry and departure; e. Comply with the environmental regulations and procedures relevant to the exercise or training activity, as well as any regulations in force in the Host Nation concerning the storage, movement, use, handling and disposal of hazardous materials and munitions; f. Ensure that details of munitions (for example Net Explosive Quantity, type of munitions) to be transported are notified to the relevant Host Nation military authorities at least 30 days in advance of deployment. Such details will include names of points of entry and departure through which the munitions or hazardous materials are planned to be transported and their destinations, including arrival and departure dates; g. Comply with the detailed procedures and arrangements outlined collectively in the relevant exercise plans and instructions and the relevant Implementing Arrangement(s) with respect to administrative and personnel matters, including, for example, import of currency, interpreter support, vehicle operations, reporting and repatriation procedures for deceased personnel, and exercise public relations. 1. If one Participant proposes to include personnel from a third country’s forces in exercise or training activities in the other’s territory under this Memorandum, that Participant will notify the Host Nation of this at the earliest opportunity during the exercise planning process but will not be responsible for arrangements and obligations concerning the status of the third country’s personnel in the territory of the Host Nation. Whether the third country is or is not a Party to either the NATO or PfP SOFA, a separate arrangement may be necessary between the Host Nation and the third country. 2. In the event that one Participant organises or takes part in a training or exercise activity on the territory of a third country and invites forces of the other Participant to take part in this activity, it may assist those Forces where possible in providing certain elements of HNS for the duration of the activity. The exact nature of the support will be defined in the Implementing Arrangement for each training or exercise activity. However, the organising Participant will not be responsible for arrangements and obligations concerning the status of forces of the other Participant in the third country concerned. 1. For any logistic support, supplies or services which are not provided free of charge by mutual consent, or guided by STANAG 3113, the relevant authorities of the Host Nation and the Visiting Forces will negotiate payment in cash using the currency specified by the Host Nation. 2. The Visiting Forces will pay outstanding balances no later than 60 days after receipt of invoices. In pricing these transactions, the Participants will observe the following principles: a. The responsible representative of the Visiting Forces and Host Nation authorities will negotiate a price not including charges excluded below. b. When a definitive price is not negotiated in advance of the order, the order will set forth a maximum limitation of liability for the Visiting Forces who will be ordering the logistic support, supplies or service, pending negotiation of a final price. The relevant authorities of the Participants will promptly enter into negotiations to establish a final price, which may under certain circumstances exceed the initial maximum limitation of liability. The burden of justifying the increase will rest with the Participant seeking to exceed the maximum. c. To cover the general and administrative overhead costs not directly attributable to the training area and its facilities the Host Nation may add a surcharge of 3% of the final invoice. d. At the time accounts are settled, neither Participant will make or retain any profit resulting from the transactions being settled. e. In the case of specific acquisitions by the Host Nation from local contractors on behalf of the Visiting Forces, the cost will be no less favourable than the price charged to the Armed Forces of the Host Nation for identical support, supplies and services less any amounts as set out in paragraph 9 of this Section. However, the price charged may take into account differentials due, for example, to delivery schedules, points of delivery and other similar considerations. f. In the case of transfers from the Host Nation’s own resources, the amount paid by the Visiting Forces for logistic support, supplies and services provided will be the same as the Host Nation charges its own forces as of the date the order is accepted. 3. In fulfilling their co-ordination role with respect to facilitating supply from commercial sources, the Host Nation military authorities will not obtain services or commit to any commercial contracts on behalf of the Visiting Forces unless the latter have specifically consented to accept the services, supplies etc, and have also consented to pay a specified cost for them. All services and supplies from commercial sources will be based upon formal contractual arrangements. 4. Both the Visiting Forces and the Host Nation authorities will maintain records of all transactions between the Participants. 5. Invoices for the provision of logistic support, supplies or services may be guided by the form of the Standard NATO Form for Request, Receipt and Return or Invoice, at Annex B of STANAG 2034 and will refer to this Memorandum (or a relevant Implementing Arrangement) as well as to any applicable order number. Invoices will be accompanied by evidence of receipt by the Visiting Forces and are to be either settled locally through arrangements detailed in the Implementing Arrangement or sent to the Visiting Forces’ military authorities no later than 60 days from the date that the logistic support, supplies or services were provided to those forces. The invoices will itemise the charges for the various logistic support, supplies or services being billed. 6. The Visiting Forces will pay for supplies, equipment or services from commercial sources such as food, vehicle hire and laundry prior to departure from the Host Nation’s territory, unless otherwise contractually determined or unless a dispute regarding cost or receipt of services exists. In case of the latter situation arising, every effort will be made to resolve the dispute as soon as possible in order to expedite settlement of accounts. 7. Subject to availability, the Host Nation will provide Visiting Forces personnel with messing and accommodation to the same standard as would be provided to members of the Host Nation forces. 8. The Visiting Forces will not retransfer logistic support, supplies or services, either temporarily or permanently, to another nation or organisation without written consent of the Host Nation. 9. Insofar as existing laws, regulations and international agreements permit, the relevant authorities of the Host Nation will ensure that taxes, customs duties and similar charges will not be imposed in connection with this Memorandum. Where such taxes, customs duties and similar charges are payable, the relevant authorities of the Host Nation will administer them in the manner most favourable to the satisfactory execution of the arrangements described in this Memorandum. 10. Further detailed financial arrangements, including those for settlement of accounts, will be specified, as appropriate, in the relevant Implementing Arrangement(s). 1. The arrangements for jurisdiction which will apply to Visiting Forces personnel will be as laid down in Article VII of the NATO SOFA. 2. If any Visiting Forces personnel are taken into custody by the appropriate authorities of the Host Nation, the Directing Staff of the exercise or training activity and the senior Host Nation and Visiting Forces representatives participating in the exercise must be informed immediately. They in turn will then inform their appropriate military authorities. 1. Command and control arrangements will be in accordance with national plans and procedures or such plans and procedures as are determined between the Participants, as appropriate for the exercise or training activity concerned and detailed in the relevant Implementing Arrangements. 2. In the event of hostilities, whether following a declaration of war or otherwise, Visiting Forces personnel are not to be employed on active operations in any role and will be assisted by the Host Nation in seeking directions from their government. 1. Claims arising out of, or in connection with, the execution of this Memorandum will be handled by the Host Nation in accordance with Article VIII of the NATO SOFA. Specific administrative arrangements will be covered in the relevant Implementing Arrangement. 2. Claims arising from activity undertaken in connection with this Memorandum where Article VIII of the NATO SOFA cannot be applied will be processed by the most appropriate Participant, as determined by consultation between the Participants and recorded in the relevant Implementing Arrangement. 3. In the case of damage caused to or by the common property of the Participants, where the cost of making good such damage is not recoverable from a third party, such cost will be borne equally by the Participants. 4. The Participants will not indemnify contractors against third party liability claims. 1. All classified information exchanged or generated in connection with this Memorandum will be used, transmitted, stored, handled and safeguarded in accordance with the Participants’ national security laws and regulations. 2. Classified information will be transferred only through Government-to-Government channels or through channels approved by the Designated Security Authorities of the Participants. Such information will bear the level of classification and denote the country of origin. 3. Each Participant will take all lawful steps available to it to ensure that classified information provided or generated pursuant to this Memorandum is protected from further disclosure unless the other Participant consents to such disclosure. 4. Each Participant will ensure that access to classified information is limited to those persons who possess requisite security clearances and have a specific need for access to classified information in order to participate in the exercise or training activity. 5. The Host Nation will ensure that training is conducted without interference by unauthorised personnel trespassing in the Training Area(s), range(s) or exercise support area(s). 6. Detailed security procedures will be specified in the relevant Implementing Arrangement(s). 1. The Visiting Forces commander has a responsibility to ensure that the Visiting Forces personnel are medically and dentally fit prior to participating in the exercise or training activity in question. Visiting Forces personnel are to deploy with all the necessary amounts of pre-prescribed medication to cover the period of deployment in order to ensure continued treatment throughout the period of deployment. 2. Medical and dental treatment will be provided by the Host Nation in accordance with Article IX of the NATO SOFA. In addition, Visiting Forces personnel should be covered by appropriate health care insurance when undertaking activities that are not part of their authorised training. 3. Medical and dental support provided to Visiting Forces participating in the exercise will be outlined in the relevant Implementing Arrangement, which will identify the locations and types of medical facilities available in the vicinity of the planned Training Area(s). 4. Host Nation authorities will ensure as far as possible that Visiting Forces MEDEVAC aircraft, including helicopters, will be given the highest priority to transit to, within and from the relevant Training Area and given access to airspace of the Host Nation in accordance with its national procedures to fulfil any emergency mission. 5. The provisions of STANAG 2061 (Procedures for Disposition of Allied Patients by Medical Installations) and STANAG 2132 (Documentation Relative to Medical Evacuation, Treatment and Cause of Death of Patients) may be used as a guide in the application of this Memorandum. 6. Basic medical care and emergency dental treatment by the Host Nation medical services and the evacuation by military aircraft, including helicopters, will be provided free of charge. However, where assistance is required from Host Nation resources to transfer injured personnel to a hospital of the Visiting Forces’ choice using Host Nation assets, the Visiting Forces authorities will accept responsibility for any reimbursement required for the transportation costs involved. 7. The Visiting Forces authorities will also reimburse the Host Nation authorities for emergency evacuation by civil medical aircraft, including helicopters, as well as medical care extended to their personnel at local Host Nation civilian medical facilities, with the exception that the Visiting Forces may take advantage of any applicable international or bilateral agreements on medical or social security arrangements to defray the costs of such treatment. 1. Where the military authorities of the Host Nation investigate an accident or incident involving personnel of the Visiting Force, the authorities of the Visiting Force may request to have an observer present at any formal military inquiry. If the request is approved, the observer will not be permitted to cross-examine, or to participate in any other way, and will not be present when the inquiry is deliberating on its findings and recommendations. The observer will normally be no higher in corresponding rank than the head of the inquiry. The authorities of the Visiting Force may conduct such further investigations as may be required by their laws or regulations. The Visiting Force will bear all costs incurred by their participation in an inquiry. 2. The military authorities of the Visiting Force will normally be provided with the relevant findings and recommendations of the inquiry. Any requests for more specific information will be considered sympathetically by the authorities of the Host Nation. 1. The death of a member of the Visiting Forces on Host Nation territory will be reported to the relevant Host Nation authority. The death will be certified by a doctor of the Host Nation. 2. If the appropriate Host Nation authority requires that an autopsy be carried out on the deceased, this will be done in accordance with its national procedures by a doctor of the Host Nation appointed for the purpose. A doctor appointed by the Visiting Forces authorities may also attend the autopsy, which will take place at a time and location stipulated by the appropriate Host Nation authority. 3. The Visiting Forces authorities will arrange for the disposal of the body as soon as authorisation to do so is received from the appropriate Host Nation authority. Repatriation of the body will be in accordance with the regulations of the Host Nation. The Visiting Forces authorities will inform the Host Nation authorities, on request, of the arrangements made for transporting the body out of the territory of the Host Nation. The Visiting Forces will bear all the costs arising from this requirement. Detailed procedures for the protection of the environment will be addressed, where appropriate, in the relevant Implementing Arrangement. All claims relating to environmental issues will be dealt with under the principles outlined in Section 10. The Host Nation authorities will provide a range of telephone, fax, data and radio facilities as detailed in the relevant Implementing Arrangement. Any dispute regarding the interpretation or application of this Memorandum or of any relevant Implementing Arrangements will be resolved by negotiation between the Participants at the lowest appropriate level and will not be referred to any national or international tribunal or third party for settlement. This Memorandum may be amended at any time, in writing, with the mutual consent of the Participants. Amendments will come into effect under the procedure in section 19.1. 1. This Memorandum will come into effect on confirmation by both Participants that the necessary internal procedures have been completed and will remain in effect unless terminated either by mutual consent or by one Participant on giving six months’ prior notice in writing to the other. Confirmation that the relevant procedures have been completed will be notified by an exchange of diplomatic notes. 2. In the event that this Memorandum is terminated, the relevant provisions will continue to be applied in respect of any matters not resolved at the time of termination, for example: a. the provisions of Sections 7 (Logistics and Finance), 10 (Claims and Liabilities), and 17 (Settlement of Disputes) will remain in effect until all outstanding payments, claims and disputes are finally settled; and b. the provisions of Section 11 (Protection of Classified Information and Security) will remain in effect until all such information and material is either destroyed or returned to the originating Participant. The foregoing represents the understandings reached between the Government of the Republic of Slovenia and the Government of the United Kingdom of Great Britain and Northern Ireland upon the matters referred to therein. Signed in Ljubljana on 30 June 2004 in duplicate in the Slovenian and English languages, both texts having equal validity. For the Government of the Republic of Slovenia Milan Jazbec (s) For the Government of the United Kingdom of Great Britain and Northern Ireland Hugh Mortimer (s)