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OF UNDERSTANDING BETWEEN THE REPUBLIC OF LATVIA THE MINISTRY OF DEFENCE OF THE REPUBLIC OF BULGARIA THE MINISTRY OF DEFENCE OF THE KINGDOM OF DENMARK THE SECRETARY OF THE ARMED FORCES OF THE DOMINICAN REPUBLIC THE DEPARTMENT OF NATIONAL DEFENCE OF THE PHILIPPINES THE SECRETARY OF DEFENCE OF THE REPUBLIC OF HONDURAS THE MINISTRY OF DEFENCE OF THE REPUBLIC OF HUNGARY THE MINISTRY OF DEFENCE OF THE REPUBLIC OF KAZAKHSTAN THE MINISTRY OF NATIONAL DEFENCE OF THE REPUBLIC OF LITHUANIA THE MINISTRY OF DEFENCE OF MONGOLIA THE MINISTER OF DEFENCE OF THE KINGDOM OF THE NETHERLANDS THE MINISTRY OF DEFENCE OF THE REPUBLIC OF NICARAGUA THE MINISTRY OF DEFENCE OF THE KINGDOM OF NORWAY THE MINISTRY OF NATIONAL DEFENCE OF ROMANIA THE MINISTRY OF DEFENCE OF THE REPUBLIC OF EL SALVADOR THE MINISTRY OF DEFENCE OF THE SLOVAK REPUBLIC THE MINISTRY OF DEFENCE OF THE KINGDOM OF SPAIN THE MINISTRY OF DEFENCE OF THE KINGDOM OF THAILAND THE MINISTRY OF DEFENCE OF UKRAINE AND THE MINISTER OF NATIONAL DEFENCE OF THE REPUBLIC OF POLAND CONCERNING COMMAND ARRANGEMENTS AND RELATED MATTERS FOR THE MULTINATIONAL DIVISION (CENTRAL SOUTH) (MND C-S) WITHIN THE STABILISATION FORCE IN IRAQ
SECTION ONE - INTRODUCTION
The Republic of Latvia, Ministry of Defence of the Republic of Bulgaria, the Ministry of Defence of the Kingdom of Denmark, the Secretary of the Armed Forces of the Dominican Republic, the Department of National Defence of the Philippines, the Secretary of Defence of the Republic of Honduras, the Ministry of Defence of the Republic of Hungary, the Ministry of Defence of the Republic of Kazakhstan, the Ministry of National Defence of the Republic of Lithuania, the Ministry of Defence of Mongolia, the Minister of Defence of the Kingdom of the Netherlands, the Ministry of Defence of the Republic of Nicaragua, the Ministry of Defence of the Kingdom of Norway, the Ministry of National Defence of Romania, the Ministry of Defence of the Republic of El Salvador, the Ministry of Defence of the Slovak Republic, the Ministry of Defence of the Kingdom of Spain, the Ministry of Defence of the Kingdom of Thailand, the Ministry of Defence of Ukraine and the Minister of National Defence of the Republic of Poland, hereinafter jointly referred to as the Participants;
In consideration of United Nations Security Council Resolution (UNSCR) 1483 of 22 May 2003 and Geneva Conventions of 1949 and the Hague Regulations of 1907;
Having regard to the maintenance of security in Iraq, so that an Iraqi Interim Authority as well as the personnel of the contributing Nations can operate in a secure environment;
Considering the intention of the Government of the Republic of Poland to assume Lead Nation status for the Multinational Division (Central South) (MND C-S) Iraq as soon as in the period of establishment of the Division;
Desiring to establish a multinational burden-sharing arrangement within the MND(C-S);
Considering the needs of the Participants' forces for logistic support, supplies and services when deployed with the MND(C-S) and taking into account that although the Kingdom of Spain has indicated its intent to contribute forces to MND(C-S), Spanish units will not receive free of charge sustainment or other logistical requirements.
And acknowledging extant bilateral MOUs, Technical Arrangements (TAs) and Exchanges of Letters between them;
Have reached the understandings set out below.
SECTION TWO - DEFINITIONS
2.1. The definitions:
a. The Authority means the United States of America and United Kingdom of Great Britain and Northern Ireland as defined by UNSCR 1483 of 22 May 2003.
b. Civilian Component means the civilian personnel accompanying a force of a Participant who are in the employment of the armed service or an organic component of National Contingent of that Participant (this definition does not include contractors).
c. Comd MND(C-S) means the Commander of the Stabilisation Force MND(C-S), appointed by the Republic of Poland, and authorised to implement the MND(C-S) mission.
d. Co-ordinating Authority is the authority granted to a commander or individual assigned responsibility for co-ordinating specific functions or activities involving forces of two or more countries or commands, or two or more services or two or more forces of the same service. He has the authority to require consultation between the agencies involved or their representatives, but does not have the authority to compel agreement. In case of disagreement between the agencies involved, he should attempt to obtain essential agreement by discussion. In the event he is unable to obtain essential agreement he shall refer the matter to the appropriate authority.
e. CPA means the Coalition Provisional Authority, the highest administrative body established in Iraq by the Authority.
f. DoD means Department of Defence of the United States of America.
g. Financial Group (FG), means a group responsible for managing multinational financial issues, comprised of the National Contingent Commanders/Senior National Representative or their nominees.
h. MND(C-S) means the multinational military unit operating within the SFIR in Iraq in area of operations as defined in the Mission Statement annexed to this MOU(Annex A).
i. Multinational shared costs means those costs for the maintenance and operation of HQ MND(C-S), other Multinational MND(C-S) Sections or units and other aspects of the MND(C-S) which are not the responsibility of a single Participant, and which are approved by Financial Group (FG).
j. National Contingent means the personnel contributed to the MND(C-S) by a Participant. The term includes the Civilian Component.
k. National Contingent Commander means the person designated by each Participant as the Commander of that Nation's National Contingent.
l. National Support Element (NSE) means the national personnel deployed by a Participant for the purpose of providing support to the National Contingent.
m. Operational control is the authority delegated to a commander to direct forces assigned so that the commander may accomplish specific missions or tasks which are usually limited by function, time, or location; to deploy units concerned, and to retain or assign tactical control of those units. It does not include authority to assign separate employment of components of the units concerned. Neither does it, of itself, include administrative or logistic control.
n. Participant means the initial signatories to this MOU as well as other Nations that may subsequently join MND(C-S) through a Note of Accession or Statement of Intent.
o. Port Clearance means the clearance of equipment and personnel from a SPOD or an APOD to NSE Locations or other Logistic Location.
p. Sea Port of Disembarkation (SPOD) and Air Port of Disembarkation (APOD) are the points of entry to the theatre.
q. Senior National Representative (SNR) means nationally appointed Senior Official within a National Contingent.
r. SFIR means Stabilisation Forces in Iraq. This includes all military personnel together with their aircraft, vehicles, stores, equipment, communications, ammunition, weapons and provisions as well as civilian components of such forces, air and surface movements resources and their support services.
s. Strategic and Tactical Lines of Communication (LOC) means the deployment and resupply routes, both air and land. The term Strategic LOC refers to the flow into SPODs and APODs from the National Base Location. The term Tactical LOC refers to the flow from SPODs or APODs, within the theatre of operation to tactical operating locations.
t. Tactical Control is the detailed and, usually, local direction and control of movements or manoeuvres necessary to accomplish missions or tasks assigned.
u. Third Party means any person or entity not a Participant to this MOU.
v. Troop Contributing Nation means Participant contributing troops to MND (C-S).
SECTION THREE - PURPOSE AND SCOPE
3.1. The purpose of this MOU is to set out the arrangements by which the Participants will implement the mission and establish MND(C-S), and to set out the responsibilities, general principles and procedures as appropriate.
3.2. Extant bilateral MOUs, TAs and Exchanges of Letters will remain in effect and may be implemented for furthering the aims of this MOU. Participants may enter into bilateral or other MOU, TA or Exchanges of Letters, for furthering the purposes of this MOU.
3.3. This MOU is intended to conform with national legislation and international law and is not intended to conflict with existing bilateral or multilateral international agreements between the Participants. Should such a conflict arise, the Participants will notify each other and the national legislation, international law or extant agreement will prevail.
SECTION FOUR - MANDATE
4.1. In accordance with the UNSCR 1483, the mandate of the SFIR MND(C-S) will be to assist the Authority in maintaining stability and security in Iraq by contributing personnel, equipment and other resources to work under its unified command in accordance with arrangements set out in section five below. Main tasks of the MND(C-S) are set out in the Mission Statement annexed to this MOU (Annex A).
4.2. Members of MND(C-S) will carry out their duties in a strictly fair and equitable manner and will refrain from any action incompatible with the independent nature of their duties. This does not interfere with the right of SFIR to act in self defence, extended self defence as well as force protection and mission enforcement.
SECTION FIVE - COMMAND AND CONTROL OF MND (C-S)
5.1. The post of Commander MND(C-S) will be held by the Republic of Poland. The Republic of Poland will co-ordinate the introduction of the MND(C-S) structure and will be responsible for ensuring that the Participants remain informed of progress in implementing that structure.
5.2. Members of National Contingents will remain under Full Command of their participant through their National Contingent Commander/Senior National Representative. Operational Control of all National Contingents contributed to MND(C-S) will be assigned to a superior Commander.
5.3. Participants are responsible for planning and execution of movements of their forces and sustainment from home stations to PODs along the strategic LOCs. This responsibility can be delegated to other agencies who act on behalf of the Participants. Reception, Staging and Onward Movements (RSOM) operations including Port Clearance will be conducted in line with existing Standard Operating Procedures unless otherwise decided. Tactical Control of all aspects of the Strategic and Tactical LOCs will be assigned to the respective Movements Control Organisations at the theatre level (CJTF-7).
5.4. Comd MND(C-S) has Co-ordinating Authority over National Support Element logistic assets in order to meet operational requirements or to ensure deconfliction of use of limited infrastructure or assets. In such circumstances the provisions of Section eleven may be applied. Those logistic assets that form all or part of a Participant's contribution to MND(C-S) will be controlled in accordance with para 5.2 above.
5.5. Transfer of Authority (TOA) of Forces to Comd MND(C-S) in accordance with the Command Status above, will take place at declared Full Operational Capability (FOC) by the National Contingent Commanders (NCCs). Participants will confirm the Command Status of their Forces by signal to Comd MND(C-S) on TOA.
5.6. National Contingent Commanders/Senior National Representatives are responsible for the maintenance of order and discipline within the National Contingent under his or her command.
5.7. Comd MND(C-S) may request the withdrawal of any personnel contributed to MND(C-S). National Contingent Commanders/Senior National Representatives will review any such request and will seek to comply where permissible in accordance with their own National regulations.
5.8. Comd MND(C-S) is responsible for coordination with CPA in the MND(C-S) AOR. Brigade Commanders after consultation with concerned Participants will nominate representatives to be the military point of contact with CPA inside their Brigade AOR, keeping informed MND(C-S) Commander. These representatives will also sit on a Joint Co-ordination Board.
5.9. English will be the official working and command language in the MND(C-S) down to the battalion level, except for the Battle Group 1.
SECTION SIX - JOINT CO-ORDINATION BOARD
6.1. A joint Co-ordination Board (JCB) will meet on a regular basis. The JCB will consist of nominated Local Iraqi representatives (as nominated by the CPA/Comd MND(C-S)) and MND (C-S) representatives. The purpose of the JCB will be to discuss current and forthcoming issues and to resolve any disputes that may arise. CPA (C-S) may also nominate a representative to attend the JCB meetings.
SECTION SEVEN - CONTRIBUTION
7.1. Participants will provide to MND(C-S) on a national or shared basis military forces and capabilities including if required a civilian component, as specified in the MND(C-S) Statement of Requirement (SOR). Any intended change in the Participants' contribution will be notified to the Lead Nation as soon as possible, but with a minimum of 30 days notice.
7.2. Each Participant will be responsible for arranging the logistic support of its own National Contingent. Participants may make separate, bi-lateral arrangements with other Participants in order to ensure such logistic support.
7.3. All members of National Contingents will be medically and dentally fit prior to deployment and will have received all necessary inoculations.
SECTION EIGHT - FINANCE
8.1. Each Participant will be responsible for the funding of its own contribution to, participation in and withdrawal from MND(C-S) unless otherwise agreed.
Participants will be individually responsible for payment of:
a. All pay and allowances for their forces, including the civilian component;
b. All costs, including accommodation, travel and other expenses, arising out of business performed by their forces, including the civilian component, away from HQ MND(C-S); and
c. All costs arising from the deployment and redeployment of their forces, including the civilian component, to and from theatre.
8.2. It is possible to get reimbursement for travel costs incurred by Participants in a pre-deployment phase. Reimbursement procedure is set out in Annex B.
8.3. Military unit and capability combined forces of two or more Participants will be pre-funded by the Participant who leads that military unit and capability. Then such costs are multinational shared and invoiced according to proportions detailed at Annex B.
8.4. A Financial Group (FG), comprising National Contingent Commanders/Senior National Representatives or their nominees, will be established for the management of multinational financial issues. Costs arising from the implementation of this MOU, which are determined by the FG as multinational costs, will be shared among Participants in the proportions detailed at Annex B. The decisions of the FG are taken by consensus.
8.5. Multinational shared costs will be controlled by the FG, which have authority and responsibility for:
a. Determining whether specific expenditure is a multinational shared cost.
b. Determining the cost-sharing formula to be applied.
c. Providing national scrutiny of all multinational shared costs, including multinational shared costs to support HQ MND(C-S).
d. Approving estimates of all multinational shared costs.
e. Obtaining national approval of proposed expenditures.
f. Controlling all multinational shared costs.
8.6. Multinational costs agreed by FG will be shared among Participants proportionally to their manpower contribution to a multinational unit (see Annex B).
8.7. Pre-funded multinational costs by a Participant will be invoiced by this Participant at regular intervals, decided by FG.
8.8. Without prejudice to the provisions of Section twenty one, any financial dispute between Participants will be referred to the FG for resolution.
8.9. The Lead Nation will provide a financial controller office to HQ MND(C-S) to support the FG and administer all multinational shared costs on behalf of the Headquarters. Participants will be invited to contribute personnel to this office.
8.10. The Audit Office of the Ministry of National Defence of the Republic of Poland will be responsible for annual auditing of multinational shared costs and auditing of these costs upon termination of the MND(C-S) mission. Audit reports will be presented to Comd MND (C-S) and the Participants. National audit institutions are permitted to request all information and examine all files they consider necessary for auditing their national contributions and for informing their respective governments and parliaments; such requests will be made through Comd MND(C-S).
8.11. The MND (C-S) financial controller will provide financial management information and support requested by the FG.
8.12. All transactions related to this MOU will be settled within 90 days from receiving of an invoice by bank-transferring or in cash. Currency or currencies in MND(C-S) for all type of transactions and financial operations will be indicated by Financial Controller and accepted by FG. Average Rate (AR), the standard rate of exchange issued the first day of a month by the Polish National Bank, will be used in a course of this month when converting currency for billing purposes. The AR is reviewed monthly. The Financial Controller will reissue and deliver AR to everybody it may concern.
8.13. Each Participant retains ownership of its own resources. Jointly owned assets will not exist unless two or more Participants expressly consent to such an acquisition. Any such assets or property jointly acquired under this MOU will be disposed of in a manner decided by a consensus of the respective Participants.
8.14. The Participants will provide Comd MND(C-S) with National Points of Contact for financial matters.
SECTION NINE - HEADQUARTERS MANNING
9.1. Initially, manning of the HQ MND(C-S) will be based on the organisation chart, which will be issued by Comd MND(C-S). Participants will be invited to provide representation within various Multinational Sections established in the Headquarters for the purpose of maximising co-operation.
9.2. Responsibility for appointing suitably qualified and trained personnel to Multinational Sections will rest with the Participant to which the posts are assigned.
SECTION TEN - HEADQUARTERS SUPPORT
10.1. Support to the Headquarters staff and others resident at Babylon will be provided by the Lead Nation. Details of that support will be specified in separate arrangements.
SECTION ELEVEN - LOGISTIC SUPPORT
11.1. Logistic support for the TCN's units in the MND(C-S) is a national responsibility.
11.2. The Participants may agree under separate arrangements, either bilaterally or multilaterally to provide mutual logistic support to each other.
11.3. Unless other bilateral arrangements are made, TCN's units will be deployed with integral first line logistic support.
11.4. National contingents to be deployed by TCN's to the MND(C-S) will be responsible for the following supplies:
- Class I (food and water) - minimum 5 days of supply;
- Class II (clothing and personal equipment) - in accordance with national standards
- Class III (bulk petroleum) - 15 days of supply;
- Class III (oil and lubricants) - 30 days of supply;
- Class V (munitions) - in accordance with national standards;
- Class VI (personal demand items) in accordance with national standards;
- Class VIII (medical supplies) - 30 days of supply;
- Class IX (spare parts) - 30 days of supply.
11.5. Maintenance and recovery of equipment is a national responsibility.
11.6. The Republic of Poland will assume responsibility for coordinating logistic support for MND(C-S), to include national elements of the troop-contributing nations, effective upon achievement of Full Operational Capability (FOC) by MND(C-S). Commander, USCENTCOM will determine FOC.
11.7. Once MND (C-S) is deemed FOC, its troop-contributing nations will submit logistical requirements to the MND(C-S) Headquarters. The Republic of Poland will request specific logistic support, supplies, and services as necessary for the entire MND(C-S) by placing orders pursuant to the ACSA.
11.8. Based on TA between Polish MOD and the US DoD, The Republic of Poland commits to provide the necessary operational and financial support and to provide or loan selected items of equipment.
11.9. The US will arrange transport for deployment and redeployment of additional troop-contributing nation personnel and equipment pursuant to USCENTCOM operational requirements and capabilities. The US will arrange air transport enabling MND(C-S) personnel rotation, provision of logistic supplies from national elements of MND(C-S)'s troop-contributing nations, air medical evacuation to Germany, and assistance with reception, staging, onward movement and integration.
11.10. MND(C-S) will be supplied by the US with the following common items:
- Class I (food and water);
- Class III (bulk fuel);
- Class IV (construction material);
- Class V (explosives);
- Class VIII (medical supplies).
11.11. Supplies mentioned in para 11.10 above and services will be requested and co-ordinated by MND(C-S) through MNLC in accordance with provisions of Acquisition and Cross-Servicing Agreement (ACSA) concluded between Polish MOD and US DoD. Save for the Spanish units, supplies and services requested will be provided free of charge for Participants' units contributed to the MND(C-S).
11.12. Supplies will be delivered directly to the Battle Group (battalion level) either by logistic capabilities at MND(C-S) level or by a civilian contractor. Distribution of supplies within Battle Group is a responsibility of leading nation of that Group.
11.13. In order to avoid competition for limited In-Country Resources, all contracting on behalf of the MND(C-S) will be carried out through the MNLC in co-ordination with CJTF-7. MNLC will distribute and update a list of those critical resources for which this article will be applied.
11.14. The TCNs are to include two Liaison Officers within their national contingent to contribute to the Multinational Logistics Centre (MNLC), responsible for M&T and logistics/contracting.
11.15. US will provide MND (C-S) with current geographic materials and data (GM&D) in requested quantities as well as meteorological data over the Central-South sector, and if necessary over other areas of Iraq. Consolidated requests for GM&D from MND (C-S) HQ will be submitted to CJTF-7 HQ. MND (C-S) will be granted the right of reproduction (replication) of received material and data only for the needs of MND (C-S). MND (C-S) will be authorised to disseminate US-made GM&D to personnel of other Participants according to release ability restrictions determined by the US. Meteorological services of MND (C-S) will have continuous access to current US meteorological databases via CIS infrastructure or other means.
SECTION TWELVE - JURISDICTION
12.1. Status of the coalition, foreign liaison missions, their personnel (including both military and civilian personnel) and contractors has been declared in the Coalition Provisional Authority Order Number 17 of 26 June 2003, a copy of which is included in Annex C. Having regard to this regulation members of the SFIR MND(C-S) and supporting personnel, including associated liaison personnel, their property, funds and assets will be immune from any Iraqi legal process whilst deployed in Iraq. All members of the SFIR MND(C-S) will be required to respect the laws applicable in the territory of Iraq and Orders, Regulations, Memoranda and Public Notes issued by the Administrator of the CPA.
12.2. Members of the SFIR MND(C-S) will remain subject to the exclusive jurisdiction of their respective sending States. They will be immune from local criminal, civil and administrative jurisdiction and from any form of arrest or detention other than by persons acting by or on the behalf of their sending State. The Participants will keep Comd MND(C-S) informed of the outcome of any such exercise or jurisdiction.
SECTION THIRTEEN - UNIFORMS, EMBLEMS AND FLAGS
13.1. While performing their official duties military members of MND(C-S) will normally wear their national military uniform, together with such distinctive items of uniform as are prescribed by national orders. Comd MND(C-S) may authorise the wearing of civilian clothing where appropriate.
13.2. Lead Nation in consultation with other Participants will design MND(C-S) emblems and a medal to be used as official insignia of the Division.
SECTION FOURTEEN - RULES OF ENGAGEMENT (ROE)/CARRIAGE OF ARMS AND AMMUNITION
14.1. Members of MND(C-S) may possess and carry arms and ammunition in Iraq for the purposes of carrying out the MND(C-S) mission when authorised to do so by Comd MND (C-S).
14.2. ROE for the MND(C-S) will be a part of MND(C-S) operational order. The fundamental driver for the level of permissiveness in the ROE Profile is Force Protection rather than the MND(C-S) mission. Participants may indicate their intention to apply different levels of permissiveness to their own forces by means of national direction or clarifications to their National Contingent Commanders/Senior National Representatives provided that:
a. Initial differences are to be communicated to Comd MND(C-S) before TOA. Other differences can be communicated if there is a need.
b. No difference is more permissive than that authorised MND(C-S) ROE.
SECTION FIFTEEN - DETENTION OF PERSONS
15.1. As indicated in Mission Statement in Annex A, the Comd of MND(C-S) is the only authority to act under the Fourth Geneva Convention as the detaining power in the AOR on behalf of the Authority.
15.2. Detailed guidance for the purpose of handling detained persons authorised under the ROE will be elaborated by the Comd MND(C-S) in co-operation with the US.
SECTION SIXTEEN - CLAIMS
16.1. Except as covered elsewhere in this MOU, each Participant waives any claim it may have against any other Participant for injury (including injury resulting in death) suffered by its National Contingent personnel and damage or loss of property owned by it, its National Contingent personnel caused by acts of omissions of any other Participant or its National Contingent personnel in the performance of official duties in connection with this MOU.
16.2. Where the relevant Participants mutually determine in respect of any claim that damage, loss, injury or death was caused by reckless acts, reckless omissions, wilful misconduct or gross negligence of only one of the Participants, its service personnel, servants or agents the costs of any liability will be borne by that Participant alone.
16.3. Where more than one Participant is responsible for the injury, death, loss or damage or it is not possible to attribute responsibility for the injury, death, loss or damage specifically to one Participant, the handling and settling of the claim will be approved by the relevant Participants. The costs of handling and settling the claims will be equally shared between the Participants concerned.
16.4. Third party claims including those for property loss or damage and for personal injury, illness or death or in respect of any other matter arising from or attributed to MND(C-S) personnel or any persons employed by it, whether normally resident in Iraq or not and that do not arise in connection with military combat operations, shall be submitted and dealt with by the Participant whose National Contingent personnel, property, activities or other assets are alleged to have caused the claimed damage, in a manner consistent with the national laws of the Participant state.
16.5. Third party claims will be received initially by HQ MND(C-S) and will be forwarded to the Participant deemed to be responsible. Where more than one Participant is responsible for the injury, death, loss or damage or it is not possible to attribute responsibility for the injury, death, loss or damage specifically to one Participant; the cost of handling and settling the third party claims will be distributed equally between the Participants concerned.
SECTION SEVENTEEN - SECURITY
17.1. All classified information exchanged or generated in connection with this MOU will be used, transmitted, stored, handled and safeguarded in accordance with the Participants national security laws and regulations.
17.2. Each Participant will take all lawful steps available to it to ensure that information provided or generated pursuant to this MOU is protected from further disclosure unless the originating Participant consents to such a disclosure.
17.3. Accordingly, each Participant will ensure that:
a. The recipients will not release the classified information to any government, national organisation or other entity of a third party without the prior consent of the originating Participant.
b. The recipient will not use the classified information for other than the purposes provided for in this MOU.
c. The recipient will comply with any distribution and access restrictions on information that is provided under this MOU.
17.4. Each Participant will be responsible for ensuring that prior to taking up posts at HQ MND(C-S) their personnel have the required security clearances as laid down on the Job Description forms associated with the posts, as issued with the Operational Establishment.
17.5. Each Participant will ensure that access to classified information is limited to those persons who possess requisite clearances and have a specific need for access to classified information to participate in the deployment.
17.6. The Participants will take all lawful steps to investigate all cases in which it is known or where there are grounds for suspecting that classified information or material provided or generated pursuant to this MOU bas been lost or disclosed to unauthorised persons. Each Participant will also promptly and fully inform the other Participants of the details of such occurrences, and of the final results of the investigation and of the corrective action taken to preclude recurrences.
17.7. All Participants undertake to appoint a person or persons to safeguard classified information or material pertaining to this MOU, at any site or facility where it may be used, who will be responsible for limiting access to such classified information or material involved to persons who have been properly approved for access and have a strict need to-know.
17.8. All Participants are to comply with security instructions and orders in the AOR issued by HQ MND(C-S)
SECTION EIGHTEEN - COMMUNICATIONS AND INFORMATION SYSTEMS
18.1. The MND(C-S) HQ will take responsibility over the Communications and Information Systems (CIS) organisation, and implementation within the AOR directly to the level of BDE HQ, including communications between respective BDE HQs, and to units directly subordinated to MND (C-S) HQ. All CIS activities in the AOR will be coordinated by the CIS Management Centre (CMC) of the HQ MND(C-S), which will take responsibility over the set-up and configuration of the CIS and CIS reporting system.
18.2. Within the AOR, down to the BDE HQ level, Poland will provide liaison teams with equipment required for exchange of classified and unclassified information. BDE HQs will be responsible for protection and logistic support of the liaison teams.
18.3. BDE HQs will be responsible for providing their own CIS capabilities down to lower command levels. BDE HQs will have to provide transferred non-secure telephone circuits to battalion HQs, i.e. to a commander, duty officer, registry and subscriber points - this is the sole common communications system within the AOR.
18.4. Battalion HQs will be responsible for providing their own national CIS capabilities.
18.5. Units should be equipped with suitable sets of commercial faxes, telephones and satellite terminals to support the C-S sector CIS requirements including emergency communications.
18.6. The Participants will be responsible for back link to their home country.
18.7. Delivery and expedition of unofficial mail to and from home country will be arranged by the Participants.
18.8. Unofficial mail to the Participants' units will be distributed and delivered by postal military runs within the AOR.
18.9. Frequency Management within the MND (C-S) AOR will be the responsibility of the HQ MND(C-S). Individual frequency assignments for the subordinated forces in the AOR are to be done by the CMC MND(C-S) HQ.
18.10. Frequency requests will have to be sent in required format (14-point format) to the HQ MND(C-S). All Frequency Management activities will be co-ordinated by the Frequency Manager collocated with the CMC at the HQ MND(C-S).
18.11. Any other issues not agreed in this section may be the subject of separate bilateral arrangements if it is so required.
SECTION NINETEEN - MEDICAL ARRANGEMENTS
19.1. Medical support of the TCNs' units in the MND(C-S) is a national responsibility.
19.2. National contingents will be deployed by TCNs to the AOR with their own medical elements providing adequate medical support.
19.3. Comd MND(C-S) will co-ordinate medical support for subordinated units through the Chief of Medical Service. Professional co-operation between MND(C-S) Chief of Medical Service and CJTF-7 Surgeon will be established.
19.4. Medical Intelligence will be carried out by the MND(C-S) in co-operation with the US.
19.5. The TCNs' units within the MND(C-S) will be responsible for role 1 and role 2 of medical support. Role 3, provision of blood and blood-like materiel, helicopter medical evacuation and strategic medical transport back to Ramstein (Germany) will be provided by the CJTF-7. Medical transport from Germany to a home-country will be a national responsibility.
19.6. Medical support during disembarkation and deployment to the AOR will be provided by the US and British units.
19.7. The US logistics will provide the MND(C-S) with class VIII consumable items (according to the US classification) to keep the stock of medical supplies on a level enabling effective and continuous medical support in the AOR, i.e. medical care and medical supplies including blood, vaccines and antitoxins. The above mentioned items will be delivered for the MND(C-S) free of charge from the assigned logistic base.
19.8. Bio-Hazardous medical waste management will be provided by the US.
19.9. Provision of unique or special national supplies will be a national responsibility.
19.10. Requirements for additional medical support are possible under separate arrangements.
SECTION TWENTY - NATIONAL DECLARATIONS
20.1. Upon signature, Participants will inform the Polish Land Forces Command in Warsaw, in writing of any national restrictions or caveats that will apply to their participation in any of the key tasks set out in the Mission Statement at Annex A.
20.2. Participants will inform in writing Comd MND(C-S) of any National restrictions or caveats that will apply to the ROE and national mandate of their contingent.
SECTION TWENTY ONE - DISPUTES
21.1. Any dispute regarding the interpretation or application of this MOU or its Annexes will be resolved between the disputing Participants at the lowest possible level and will not be referred to any national or international tribunal or third party for settlement.
SECTION TWENTY TWO - AMENDMENTS
22.1. This MOU may be amended at any time in writing, by the mutual consent of all Participants. Amendments will be effected by exchange of notes or letters and will be numbered consecutively
SECTION TWENTY THREE - DURATION, EXPANSION, WITHDRAWAL AND TERMINATION
23.1. This MOU will remain in effect until completion of the MND(C-S) Mission unless terminated earlier in accordance with paragraphs 23.2 or 23.3.
23.2. This MOU will terminate on the implementation of any changes in MND(C-S) agreed by the MND(C-S) Participants that would invalidate the terms of this MOU.
23.3. This MOU may be terminated at any time with the written consent of all Participants.
23.4. In the event this MOU is terminated or expires:
a. The provisions of Section eight (Finance), Section sixteen (Claims) and Section twenty one (Disputes) will remain in effect until all outstanding payments, claims and disputes are finally settled; and
b. The provisions of Section seventeen (Security) will remain in effect until all such classified information and material is either returned to the originating Participant, destroyed in accordance with the instructions of the originator or declassified by the originator.
23.5. Any Participant may withdraw from this MOU at any time by giving 30 days prior notice in writing to all other Participants. The period of notice of withdrawal may be altered with the consent of all Participants.
23.6. In the event that a Participant withdraws from this MOU the provisions of paragraph 23.4 above will remain in effect in respect of all outstanding payments, claims or disputes involving that Participant, and in respect of any classified information and material in the possession of that Participant.
23.7. Additional Nations may be invited to participate in this MOU and will do so by providing to the MOD of the Lead Nation either a Note of Accession (acceding to the full provisions of this MOU) or a Statement of Intent (acceding to the provisions of this MOU but with National Declarations).
23.8. Where possible, the Participants will consult each other over the preparation of any National plans which may have an impact on the deployment of the Participants forces to MND(C-S).
SECTION TWENTY FOUR - SIGNATURE
24.1. The foregoing represents the understanding reached between the Participants upon the matters referred to therein.
24.2. The provisions of this MOU will be provisionally applied to those Participants who have signed it and will enter into effect after signature by all the Participants.
24.3. This MOU has been signed in one original in the English language. The authorised copies will be prepared by the Ministry of National Defence of the Republic of Poland which is the depository of this MOU and sent to Participants.
A. MND(C-S) Mission Statement
B. Financial Arrangements
C. Status of the Coalition, Foreign Liaison Missions, their Personnel and Contractors
For the Republic of Latvia
For the Minister of National Defence of the Republic of Poland
For the Ministry of Defence of the Republic of Bulgaria
For the Ministry of Defence of the Kingdom of Denmark,
For the Secretary of the Armed Forces of the Dominican Republic
For the Department of National Defence of the Philippines
For the Secretary of Defence of the Republic of Honduras
For the Ministry of Defence of the Republic of Hungary
For the Ministry of Defence of the Republic of Kazakhstan
For the Ministry of National Defence of the Republic of Lithuania
For the Ministry of Defence of Mongolia
For the Minister of Defence of the Kingdom of the Netherlands
For the Ministry of Defence of the Republic of Nicaragua,
For the Ministry of Defence of the Kingdom of Norway
For the Ministry of National Defence of Romania
For the Ministry of Defence of the Republic of El Salvador
For the Ministry of Defence of the Slovak Republic
For the Ministry of Defence of the Kingdom of Spain
Date:
For the Ministry of Defence of the Kingdom of Thailand
For the Ministry of Defence of Ukraine
Annex A
TO THE MND(C-S) MOU
THE STABILISATION FORCE MND(C-S) MISSION STATEMENT
Introduction
1. The Mission will involve the Participants in assisting with the conduct of key tasks. Furthermore, these tasks will increasingly involve working with the Coalition Provisional Authority (CPA) and the local people of Iraq with respect to restoration and establishment of local institutions.
MND C-S Area of Operational Responsibility (AOR)
2. The Area of Operational Responsibility (AOR) for the Stabilisation Force in Iraq (SFIR) in MND(C-S) comprises five provinces: Babil, Karbala, Wasit, Al Qadisiyah, An Najaf. A provisional map of the MND (C-S) AOR is at Appendix 1 to this Annex.
Key Tasks
3. The SFIR MND(C-S) will undertake a range of tasks in the AOR in support of its Mission and these will be determined in response to the changing situation. Key tasks, will include:
a. External Security/Border Security. SFIR MND(C-S) led. Protection of key points, including monitoring the land border and assisting in the establishment and training of an Iraqi Border Security Force.
b. Internal Security. SFIR MND(C-S) led. The maintenance of a safe and secure environment, including intelligence-led operations to dislocate the threat from subversive and armed groups.
c. Force Protection. SFIR MND(C-S) led. This will include all aspects of current operations to ensure the security of SFIR and, for a limited period, CPA personnel throughout the AOR.
d. Fixed Site Security. SFIR MND(C-S) led. This will include responsibility for maintaining security at the critical and sensitive sites within the AOR.
e. Governance and Support for Infrastructure. CPA led. SFIR MND(C-S) will, for a limited period of time, support CPA (C-S) efforts to establish local governance based on the rule of law that affords equal rights and justice to all Iraqi citizens in the AOR without regard to ethnicity, religion, or gender. SFIR MND(C-S) will support this by working at the local and regional level to establish mechanisms for governance and civil administration until the CPA has the capability of working with the local Iraqi people to establish full governance. SFIR MND(C-S) will continue to support this within the AOR with Government Support Teams (GST) until the CPA Local Government Teams (LGT) are operational within the AOR. Com SFIR MND(C-S) will continue to provide liaison to the GST after the CPA assumes control and will work closely with CPA (C-S) to ensure military operations are synchronised with Coalition activities. Further support may be provided for a limited period to assist in the establishment and maintenance of Iraqi infrastructure.
f. Law Enforcement Development. CPA led. SFIR MND(C-S) will provide support for a limited period. SFIR MND(C-S) will continue to assist with the development of the Civilian Police Force, including the conduct of joint patrols, the establishment of a Police Evaluation Team, the development of a Complaints Procedure, and support to the local Iraqi courts and judiciary in maintaining law & order. After successful transition to the CPA and the local Iraqis, SFIR MND(C-S) will maintain a liaison role in order to co-ordinate law enforcement operations, training and oversight with the military.
g. War Criminals. CPA led. SFIR MND(C-S) may need to provide support to facilitate the detention of suspected war criminal in the AOR.
h. Restoration of Essential Services. CPA led. SFIR MND(C-S) will provide support for a limited period until civilian contracted and Iraqi personnel can assume responsibility. SFIR MND(C-S) will be responsible with the support of CPA for facilitating the provision of essential services within the AOR.
i. Building the Iraqi Military. CPA led. SFIR MND(C-S) will provide nominal military support but the manning, training and equipping of an Iraqi Military Structure are an CPA function.
4. Under the Fourth Geneva Convention (the Civilian convention) the only authority to act as the "detaining power" in the AOR is the Comd SFIR MND(C-S) on behalf of the Authority.
5. The Commander of SFIR MND(C-S) will liase with such political, social and religious leaders as necessary in the AOR to ensure that religious, ethnic and cultural sensitivities in Iraq are appropriately respected by the members of the SFIR MND(C-S).
Identification
6. SFIR MND(C-S) military and paramilitary personnel will wear uniforms and carry arms as authorised by their orders. The Iraqi Civilian Police Force, when on duty, will be visibly identified by uniform or other distinctive markings and may carry arms as authorised by CPA Regulations and Orders and once the Iraqi (Administration) is established.
Threat Assessment
7. Coalition Forces assess that the internal threat to stability in Iraq is from armed factions jostling for political power and influence, remnants of the Baath Party and its splinter organisations, criminals and terrorists. Externally, the threat is limited and neighbouring countries are supportive. The situation is dynamic and may change. The SFIR MND(C-S) force posture may need to be adjusted as the situation develops and Participants will need to be flexible.
8. The Participants must understand the need to provide the Commander of SFIR MND(C-S) with any information relevant to the security of the mission, its personnel, equipment and locations.
Membership of SFIR in MND(C-S)
9. It is understood that once the MND(C-S) is established, its membership may change
Final Authority to Interpret
10. The Commander of MND(C-S) is the final authority regarding operational interpretation of this Mission statement.
Summary
11. This Mission Statement sets out the obligations and responsibilities of the Participants and outlines main tasks of the SFIR MND(C-S) mission in the AOR.
Annex B
TO THE MND(C-S) MOU
FINANCIAL ARRANGEMENTS
1. REIMBURSEMENT OF TRAVEL COST - RULES AND PROCEDURES
Reimbursement of travel costs incurred by the Participants during a pre-deployment phase is possible according to the following rules and procedures.
Rules
1. Reimbursement will cover costs of transportation, accommodation and per-diem;
2. Reimbursement will be limited to two persons for the legal conference on MND(C-S) MOU. In case of previous conferences limitation will be equal to the actual participation;
3. Polish MOD reserves right to examine received requests for reimbursement;
4. Undisputed reimbursement will be transferred within 90 days by Polish MOD;
5. A bank transfer fee will be charged from an amount of reimbursement.
Procedures
1. Request prepared by the Participant should include:
- costs specification (travel costs, accommodation and per-diem) together with travel documentation (a copy of air ticket and a hotel bill are required);
- details of a bank account for international bank transfers;
- details of the Participant's point of contact (name, position, facsimile, phone number and e-mail)
2. Requests should be sent to:
Ministry of National Defence
Budgetary Department
Al. Niepodleg®oęci 218
00-911 Warsaw
Poland
3. Polish MOD will transfer the amount of undisputed reimbursement within 90 days at a bank account specified in the Participant's request.
2. FORMULAE FOR CALCULATION PARTICIPANT'S SHARE OF MULTINATIONAL EXPENDITURE
FORMULA 1 - EXPENDITURE APPLICABLE TO THE WHOLE MND(C-S) FORCE
A = B x C/D
Where:
A - Participants' share
B - Total Cost
C - Total Number of National Personnel Contributed to MND(C-S)
D - Total Number of Personnel in MND(C-S)
FORMULA 2 - EXPENDITURE APPLICABLE TO SPECIFIC MULTINATIONAL UNITS/HQs
E = F x G/H
Where:
E - Participants' share
F - Total Cost
G - Total Number of National Personnel Contributed to Unit/HQ
H - Total Number of Personnel Contributed to Unit/HQ
Annex C
TO THE MND(C-S) MOU
COALITION PROVISIONAL AUTHORITY ORDER NUMBER 17 STATUS OF THE COALITION, FOREIGN LIAISON MISSIONS, THEIR PERSONNEL AND CONTRACTORS
Pursuant to ray authority as head of the Coalition Provisional Authority (CPA), and under the laws and usages of war, and consistent with relevant U.N. Security Council resolutions, including Resolution 1483 (2003),
Recalling that under international law occupying powers, including their forces, personnel, property and equipment, funds and assets, are not subject to the laws or jurisdiction of the occupied territory,
Conscious that stales are contributing personnel, equipment and other resources to the Coalition in order to contribute to the security and stability that will enable the relief recovery and development of Iraq,
Noting that states are sending Foreign Liaison Mission Personnel to Iraq,
Conscious of the need to establish and confirm the status of such Coalition and Foreign Liaison Mission Personnel in respect of the CPA and the local courts,
I hereby promulgate the following:
Section 1
Definitions
1)"Coalition Personnel" means ell non-Iraqi military and civilian personnel assigned to or under the command of the Commander, Coalition Forces, or all forces employed by a Coalition State including attached civilians, as well as all non-Iraqi military and civilian personnel assigned to, or under the direction or control of the Administrator of the CPA.
2) "Foreign Liaison Mission Personnel" means those individuals who have been issued Foreign Liaison Mission personnel identification cards by the Iraqi Ministry of Foreign Affairs under the supervision of the CPA.
3) "Legal Process" means any arrest, detention or legal proceedings in the Iraqi courts or other Iraqi bodies, whether criminal, civil, administrative or other in nature.
4) "Parent State" means the State providing Coalition Personnel as part of the Coalition in Iraq or the state providing Foreign Liaison Mission Personnel.
5) "Coalition contractors" means non-Iraqi business entities or individuals not normally resident in Iraq supplying goods and/or services to or on behalf of the Coalition Forces or the CPA under contractual arrangements.
6) "Coalition sub-contractors" means non-Iraqi business entities or individuals not normally resident in Iraq supplying goods and/or services to or on behalf of Coalition contractors and in respect of Coalition or CPA activities under contractual arrangements.
Section 2
Coalition and Foreign Liaison Mission Personnel
1) CPA, Coalition Forces and Foreign Liaison Mission, their property, funds and assets of shall be immune from Iraqi Legal Process.
2) All Coalition personnel and Foreign Liaison Mission personnel shall respect the Iraqi laws applicable to those Coalition personnel and Foreign Liaison Mission personnel in the territory of Iraq and the Regulations, Orders, Memoranda and Public Notices issued by the Administrator of the CPA.
3) Foreign Liaison Mission personnel shall be immune from Legal Process.
4) All Coalition personnel shall be subject to the exclusive jurisdiction of their Parent States and, they shall be immune from local criminal, civil, and administrative jurisdiction and from any form of arrest or detention other than by persons acting on behalf of their Parent States, except that nothing in this provision shall prevent Coalition Forces personnel from preventing acts of serious misconduct by Coalition personnel, or otherwise temporarily detaining Coalition personnel who pose a risk of injury to themselves or others, pending expeditious turnover to the appropriate authorities of the Parent State. In all such circumstances the national contingent commander of the detained person shall be notified immediately.
5) In respect of those Coalition personnel who commit an act or acts in Iraq for which there are no criminal sanctions in the Parent State, the CPA may request from the Parent State waiver of jurisdiction to try such act or acts under Iraqi law. In such cases, no Legal Process shall be commenced without the written permission of the Administrator of the CPA.
Section 3
Contractors
1) Coalition contractors and their sub-contractors as wall as their employees not normally resident in Iraq, shall not be subject to Iraqi laws or regulations in matters relating to the terms and conditions of their contracts in relation to the Coalition Forces or the CPA. Coalition contractors and sub-contractors other than contractors and sub-contractors normally resident in Iraq shall not be subject to Iraqi laws or regulations with respect to licensing and registration of employees, businesses and corporations in relation to such contracts.
2) Coalition contractors and their sub-contractors as well as their employees not normally resident in Iraq, shall be immune from Iraqi Legal Process with respect to acts performed by them within their official activities pursuant to the terms and conditions of a contract between a contractor and Coalition Forces or the CPA and any sub-contract thereto.
3) In respect of acts or omissions of Coalition contractors and sub-contractors as well as their employees not normally resident in Iraq, which are not performed by them in the course of their official activities pursuant to the terms and conditions of a contract between them and the Coalition or the CPA, no Iraqi or CPA Legal Process shall be commenced without the written permission of the Administrator of the CPA.
Section 4
Duration of Immunity From Legal Process
The immunity from Legal Process provided by the present Order to Coalition personnel and Foreign Liaison Mission personnel as well as Coalition contractors, sub-contractors and their employees not normally resident in Iraq operates only in respect to acts or omissions by them during the period of authority of the CPA.
Section 5
Waiver of Legal Immunity and Jurisdiction
1) The immunity from Legal Process of Coalition personnel, Foreign Liaison Mission personnel, Coalition contractors and their sub-contractors as well as their employees not normally resident in Iraq is not for the benefit of the Individuals concerned and may be waived by the Parent State.
2) Requests to waive jurisdiction over Coalition personnel or Foreign Liaison Mission personnel shall be referred to the respective Parent State.
3) Requests to waive the immunities with respect to Coalition contractors and sub-contractors and their employees not normally resident in Iraq as set forth in Section 3 of this Order shall be referred to the respective Parent State with which the contractor has contracted.
Section 6
Claims
1) Third party claims including those for property loss or damage and for personal injury, illness or death or in respect of any other matter arising from or attributed to Coalition personnel or any persons employed by them, whether normally resident in Iraq or not and that do not arise in connection with military combat operations, shall be submitted and dealt with by the Parent State whose Coalition personnel, property, activities or other assets are alleged to have caused the claimed damage, in a manner consistent with the national laws of the Parent State.
2) Third party claim, for property loss or damage and for personal injury, illness or death in respective or any other matter arising from or attributed to Foreign Liaison Mission personnel shall be submitted and dealt with by the Parent State Whose Foreign Liaison Mission personnel, property, activities or other-assets are alleged to have caused the claimed damage, in manner consent with the national laws of the Parent State.
7 Into
Entry Into Force
This Order shall enter into force on the date of signature.
L Paul Bremer, Administrator
Coalition Provisional Authority
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