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MEMORANDUM OF AGREEMENT BETWEEN THE MINISTRY OF DEFENCE OF THE REPUBLIC OF LATVIA AND MILITARY INFORMATION SERVICES OF THE REPUBLIC OF POLAND
REGARDING TRANSPORTATION OF CLASSIFIED MATERIALS
Preamble
Ministry of Defence of the Republic of Latvia and the Military Information Services of the Republic of Poland hereafter referred to as "the Parties",
in recognition of the mutual support to be afforded by both signatories to this Memorandum of Agreement (MOA),
in consideration of the Accession of the Republic of Latvia to the North Atlantic Treaty Organization and the establishment of the National Distribution Authority's Courier Service of the Republic of Latvia;
wishing to set forth the legal and practical framework for the implementation of bilateral co-operation in the courier services,
have reached the following agreement:
Article I
DEFINITIONS
1-1 For the purpose of this MOA:
a. "MCS PL" means Military Courier Service of the Republic of Poland.
b. "MIS PL" means Chief of Military Information Services, who is superior of the Military Courier Service of the Republic of Poland.
c. "MPCS LV" means the Military Police's Courier Service.
d. "MOD LV" means Ministry of Defence of the Republic of Latvia.
e. "ACO" means Allied Command Operations.
f. "Classified material" is defined as any form of recorded information protected by the classification of "NATO CONFIDENTIAL" or higher. It includes all cryptographic information.
g. "Recorded information" includes but is not limited to printed, typewritten or reproduced papers, files, manuscripts, maps, charts, graphs, photographs, film slides, punched cards, recording tapes and disks.
Article II
PURPOSE
2-1 The purpose of this MOA is to determine the procedures concerning the transportation of classified material, including cryptomaterial, between NATO and MPCS LV through the agency of MCS PL.
Article III
SCOPE
3-1 Crypto and related NATO support classified mail designed to the MOD LV will be delivered from the Supreme Headquarters Allied Powers Europe Mons - SHAPE/Belgium to Poland, Warsaw via the MCS PL on a monthly basis due to the MCS PL quarterly schedule of flights free of charge for MPCS LV.
3-2 Depending on the quantity/ weight of the mail, the flight can be arranged twice a month. MPCS LV will conform to the flight schedule established by MCS PL. In extraordinary situations (dimensions exceeding the norms stated in ACO Directive 15-25, etc.), the Joint Force Command (JFC Brunnsum) Courier Service will arrange road transportation directly from Brunnsum, the Netherlands to Warsaw. The material will be stored in a secure area in accordance with Article IV; paragraph D. MPCS LV will be notified of the classified mail collection directly after the courier trip. The mail has to be collected not later than 14 days after the MCS PL flight.
3-3 Equipment, even though classified as above, is excluded from this MOA unless it can be packaged so as to withstand the normal hazards of transmission through a courier service.
3-4 Individual packages, excluding cryptographic equipment, should no exceed 15 Kg in weight; exceptions to this will be considered on a case by case basis after coordination with each party. Exceptionally, cryptographic material up to 50 Kg may be carried without prior notification; individual items over this weight will be notified.
Article IV
REFERENCES
4-1 Both Parties agree to the applicability of the documents listed below:
A. Agreement Between the Parties to the North Atlantic Treaty Regarding the Status of Their Forces, signed in London, June 19, 1951 (NATO SOFA).
B. Protocol on the Status of International Military Headquarters set up Pursuant to the North Atlantic Treaty, signed in Washington on 4th April, 1949 (Paris Protocol).
C. Postal Organization and Courier Service for the NATO Forces (STANAG 2109).
D. C-M (2002) 49. Security within NATO.
E. ACO Directive 15-25, ACO Courier System.
F. ACO Directive 70-1, ACO Security Directive.
Article V
RESPONSIBILITIES OF PARTIES
5-1 MCS PL will:
a. Provide support of NATO mail in accordance with Article III.
b. Submit to the MPCS LV quarterly schedule of flight as well as the collection of the mail each time after the flight.
c. Inform all customs, immigrations, border guard and the police about a MPCS LV duty travel to Poland as well as arrange MOD LV couriers (including vehicles) to enter, with escort, the area to collect the mail.
d. Coordinate with SHAPE Courier Service, as required, to fulfil the requirements of this MOA.
e. Provide appropriate administrative support for the implementation of this MOA.
5-2 MPCS LV will:
a. Authorize MCS PL couriers to pick up the mail from SHAPE on behalf of MOD LV in accordance with the ACO form 175 from the ACO Directive 15-25.
b. Forward a list of couriers authorized to collect the mail from MCS PL by MOD LV and update it accordingly.
c. Inform MCS PL in writing the duty travel plans, providing the dates, names NATO security clearance numbers and the vehicle plate numbers.
d. Restrict entry of mail into MCS PL under the provisions of this Agreement to crypto and NATO-support classified material.
e. Adhere to ACE Security Directive 70-1 and ACO Directive 15-25 procedures and regulations when packaging and entering mail into MCS PL.
f. Provide, as necessary, updates of the names and telephone numbers of primary points of contact and addresses to MCS PL.
g. Provide appropriate administrative support for the implementation of this MOA.
Article VI
FINANCIAL PROVISIONS
6-1 The Courier Services provided by both Parties will be on reciprocal basis with no costs being charged by one to the other.
Article VII
COMMENCEMENT, TERMINATION AND WITHDRAWAL
7-1 This MOA will enter into force on the date of the last signature.
7-2 The Parties may terminate this MOA at any time by mutual written agreement.
7-3 Each Party can withdraw from the MOA by giving ninety (90) days prior written notice to the other Parties.
Article VIII
MODIFICATION AND DISPUTES
8-1 Each Party may propose an amendment or revision to this MOA at any time. In this case, the Parties shall begin consultation as soon as possible, with a view to convening a meeting to discuss the proposed amendment or revision. Agreed amendments or revision shall enter into force, in accordance with the procedure set forth in Article VII governing the entry into force of this MOA.
8-2 This MOA is not entered into by the Parties hereto as a legally enforceable contract but as only a definite expression and record, first of the intentions of the Parties contained in this MOA and secondly that these intentions will be pursued positively and in good faith. In the event of any dispute between the Parties relating to any matter arising out of this MOA, such dispute will be settled by the Parties themselves without reference to any tribunal or third party for settlement.
Article IX
TEXT AND SIGNATURE
9-1 This MOA is signed in English and will be the authoritative version. In witness thereof, the undersigned, duly authorised by their respective authorities, have signed this MOA in two (2) original copies.
Authorized to sign for and on behalf
of the Ministry of Defence Republic of Latvia
Mr. Edgars Rinkēvičs
State Secretary
Ministry of Defence
April 14, 2005, Riga
Authorized to sign for and on behalf
of the Military Information Services
Republic of Poland
Brig. Gen. Marek Dukaczewski
Chief of the Military Information Services
22.03.2005, Warsaw
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