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MEMORANDUM OF UNDERSTANDING AMONG THE MINISTRY OF DEFENCE OF THE REPUBLIC OF ESTONIA AND THE MINISTRY OF DEFENCE OF THE REPUBLIC OF LATVIA AND THE MINISTRY OF NATIONAL DEFENCE OF THE REPUBLIC OF LITHUANIA REGARDING TRANSPORTATION OF CLASSIFIED MATERIAL

PREAMBLE

Ministry of Defence of the Republic of Estonia, Ministry of Defence of the Republic of Latvia and the Ministry of National Defence of the Republic of Lithuania, hereinafter referred to as the Parties,

Have reached the following understanding:

Section 1

DEFINITIONS

1-1 For the purposes of this Memorandum of Understanding:

a. "MOU" means the Memorandum of Understanding.

b. "MOD Estonia" means Ministry of Defence of the Republic of Estonia.

c. "NDACS LV" means the National Distribution Authority Courier Service of the Republic of Latvia.

d. "CS LAF" means the Courier Service of the Lithuanian Armed Forces.

e. "ACO" means Allied Command of 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.

Section 2

PURPOSE AND SCOPE

2-1 The purpose of this MOU is to specify the rules of mutual co-operation between courier services of the Parties to be afforded to NATO activities within the territory of the states of the Parties in accordance with NATO regulations.

Section 3

REFERENCES

3-1 In accordance with their national legislation the 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 (done in London, 19 June 1951).

B. Postal Organisation and Courier Service for the NATO Forces (STANAG 2109).

C. Agreement between the Parties to the North Atlantic Treaty for the Security of Information (done in Brussels, 06 March 1997).

D. CM (2002) 49.

E. ACO Directive 15-25, ACO Courier System.

F. ACO Directive 70-1, ACO Security Directive.

Section 4

RESPONSIBILITIES

4-1 CS LAF agrees to provide road service from the Lithuanian satellite station in Vilnius to the SHAPE Courier Service satellite station in Warsaw, Poland. NDACS LV agrees to provide road service from the Latvian satellite station in Riga to the Lithuanian satellite station in Vilnius. MOD Estonia agrees to provide road service from the Estonian satellite station in Tallinn to the Latvian satellite station in Riga.

4-2 The Parties agree to:

a. Provide each other with details of transportation schedules seven (7) working days in advance, and of any amendments, delays and interruptions as they occur.

b. While transporting its own classified material accept and transport classified material of the other Party (including crypto material) classified NATO CONFIDENTIAL and above that does not exceed the weight of 300 kg and fits into free safe space.

c. Conduct enquiries into any delay, interruption of delivery or breach of security and advise other Parties as appropriate.

d. Supply each other with a list of those couriers authorised to sign for classified material in accordance with reference D.

e. As a minimum, transfer classified material in accordance with Reference C.

f. Pack classified material in accordance with References D and E.

g. Document all material transferred between the satellite stations of the Parties individually in accordance with Reference D, 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.

Section 5

COURIER SERVICES

5-1 The Parties will inform each other about the appropriate courier service responsible for the implementation of this MOU and provide all necessary contact information.

Section 6

FINANCIAL PROVISIONS

6-1 The Parties will provide each other with courier services on a reciprocal basis with no costs being charged to the other Parties.

Section 7

COMMENCEMENT, DURATION AND TERMINATION

7-1 This MOU will enter into force on the day of the last signature.

7-2 The Parties may terminate this MOU at any time by mutual written agreement.

7-3 Each Party may withdraw from the MOU by giving ninety (90) days prior written notice to the other Parties.

7-4 If the MOU is terminated, or if any of the Parties withdraws from the MOU, the Parties will initiate negotiations to settle all outstanding obligations, claims, disputes and security issues arising from this MOU.

Section 8

MODIFICATION AND DISPUTES

8-1 Any dispute regarding the interpretation or application of this MOU shall be resolved by consultations between the Parties and will not be referred to any national or international tribunal or third party for settlement.

8-2 Each Party may propose an amendment or revision to this MOU at any time. In this case, the Parties will enter into consultations. Agreed amendments or revisions will enter into force, in accordance with the procedure set forth in Section 7 of this MOU.

8-3 In the event of conflict between Reference B and this MOU, Reference B will prevail.

8-4 The relevant provisions of Reference A, in particular Article VIII, will apply to the resolution of all kinds of damage to and/or loss of classified material.

Section 9

TEXT AND SIGNATURE

9-1 This MOU is signed in the English language in three original copies each of the texts having an equally binding legal effect.

FOR THE MINISTRY OF DEFENCE OF THE REPUBLIC OF ESTONIA	FOR THE MINISTRY OF DEFENCE OF THE REPUBLIC OF LATVIA	FOR THE MINISTRY OF NATIONAL DEFENCE OF THE REPUBLIC OF LITHUANIA
Mr Herman Simm	Mr Edgars Rinkēvičs	Mr Valdemaras Sarapinas
Director, National Security Authority	State Secretary	State Secretary
30/05/2005, Tallinn	17/08/2005, Riga	29/08/2005, Vilnius