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MEMORANDUM OF UNDERSTANDING BETWEEN THE MINISTRY OF DEFENCE OF THE REPUBLIC OF LATVIA AND THE SUPREME HEADQUARTERS ALLIED POWERS EUROPE REGARDING TRANSPORTATION OF CLASSIFIED MATERIAL
Preamble
Ministry of Defence of the Republic of Latvia and the Supreme Headquarters Allied Powers Europe, hereinafter referred to as "Parties",
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;
and, IN RECOGNITION of the mutual support to be afforded by both signatories to this Memorandum of Understanding:
Have agreed as follows:
Article I
DEFINITIONS
1-1 For the purposes of this Memorandum of Understanding:
a. "MOU" means Memorandum of Understanding.
b. "SHAPE" means Supreme Headquarters Allied Powers Europe.
c. "MPCS LV" means the Military Police's Courier Service.
d. "ACO" means Allied Command Operations.
e. "ACS" means Allied Command Operations Courier System.
f. "SCS" means SHAPE Courier Service.
g. "JFC HQ Brunssum means Joint Force Headquarters Brunssum.
h. "JFC HQ Naples means Joint Force Headquarters Naples.
i. "Classified material" is defined as any form of recorded information protected by the classification of "NATO CONFIDENTIAL" or higher. It includes all cryptographic information.
j. "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
The purpose of this MOU is to specify the Courier Services to be afforded to NATO activities within ACO and the Courier Service of the MPCS LV in furtherance of the principles established at Reference B.
Article III
SCOPE
3-1 Nothing that follows is intended to prohibit or restrict the fullest co-operation between MPCS LV and ACS, SCS. Local arrangement may be made for the movement of material, which falls outside the parameters of this MOU, but these should be agreed upon between the ACO Courier Coordinator and MPCS LV.
3-2 MPCS LV agrees to establish road service to the satellite station in Warsaw on a twice monthly basis. The MPCS LV Courier System may be utilized on this route by ACS in accordance with the principles and procedures established in this MOU.
3-3 MPCS LV agrees to make provision for the movement of NATO classified material throughout Latvia
3-4 SCS is able to carry or arrange carriage of classified material between SHAPE and other headquarters and agencies on a frequent basis. These destinations include, but are not limited to, NATO HQ, JFC HQ Brunssum, JFC HQ Naplesor their designated replacement Headquarters.
3-5 Equipment, even though classified as above, is excluded from this MOU unless it can be packaged so as to withstand the normal hazards of transmission through a Courier Service.
3-6 Individual packages, excluding cryptographic equipment, should not 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; prior notification is necessary if individual items exceed this weight.
Article IV
REFERENCES
4-1 Both Parties agree to the applicability of the documents listed as References below:
A. Agreement between the Parties to the North Atlantic Treaty Regarding the Status of Their Forces, signed in London on 19th June, 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
5-1 The MPCS LV , will arrange to:
a. Provide SCS with details of MPCS LV schedules, including any amendments as they occur, and of any delays and interruptions within seven (7) working days.
b. Give a minimum of seven (7) working days notice of the Latvian flight schedules.
c. Include SCS as an action addressee on all Chievres and Melsbroek Air Base flight notification signals of messages.
d. Accept and transport, or assist in the transportation of, material classified NATO CONFIDENTIAL and above addressed to NATO HQ's or agencies and to any other destination indicated in Article III, paragraph 3-2 and 3-3.
e. Permit, within national regulations, ACO Courier to fly upon Latvian Airforce Aircraft on an "as available basis" in pursuit of the stated aims of this MOU.
f. Provide appropriate administrative support for the implementation of this MOU.
g. Conduct enquiries into any delay, interruption or breach of security and advise the ACO Courier Coordinator accordingly.
5-2 The ACO Courier Coordinator will arrange for the ACS to:
a. Accept and transport, or assist in the transportation of, material classified NATO CONFIDENTIAL and above to those destinations listed in ARTICLE III, paragraph 3-4.
b. Provide appropriate administrative support for the implementation of this MOU.
c. Conduct enquiries into any delay, interruption or breach of security, and advise MPCS LV, accordingly.
d. Supply MPCS LV with a list of those couriers authorized to sign for classified material received from the flights to Chievres and Melsbroek Air Bases.
e. Check the identity of authorized signatories on the LV flights, against flight notification signal details and signature lists, before transferring classified material for dispatch.
5-3 Both Parties will:
a. As a minimum, transfer classified material in accordance with Reference D.
b. Pack classified material in accordance with References E and F.
c. Document all material transferred between ACO and MPCS LV individually on ACO Form 69 or an MPCS LV bilingual equivalent, showing each ultimate destination and providing a Courier Service number to each piece. Timed and dated receipts will be provided on these lists and copies provided to both accepting and dispatching offices.
Article VI
FINANCIAL PROVISION
6-1 The Courier Services provided by both Parties will be on a reciprocal basis with no costs being charged by one to the other Party.
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 MOU at any time by mutual written agreement.
7-3 Each Party can withdraw from the MOU by giving ninety (90) days prior written notice to the other Parties.
Article VIII
MODIFICATION AND DISPUTES
8-1 This MOU 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 MOU 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 MOU, such dispute shall be settled by the Parties themselves without reference to any tribunal or third party for settlements.
8-2 Each Party may propose an amendment or revision to this MOU 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 MOU.
8-3 In the event of conflict between Reference C and this MOU, Reference C will prevail.
8-4 The relevant provision of Reference A, in particular Article VIII, will apply to the resolution of all kinds of damage and/or loss to classified material.
Article IX
TEXT AND SIGNATURE
9-1 This MOU is signed in English and shall be the authoritative version. In witness thereof, the undersigned, duly authorized by their respective authorities, have signed this MOU in two (2) original copies.
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Authorized to sign for and on behalf of the Ministry of Defence of the Republic of Latvia |
Authorized to sign for and on behalf of the Supreme Headquarters Allied Powers Europe |
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Mr. Edgars Rinkēvičs State Secretary Ministry of Defence |
Maurizio RUGGERI Major General, IT A Deputy Chief of Staff, Support |
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Dated March 17, 2005, / Riga / |
Dated April 18, 2005, / Brussels / |
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