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Latvijas Republikas valdības un Kuveitas valdības līgums par Latvijas Republikas Nacionālo bruņoto spēku statusu Kuveitas valstī

(Noslēgts notu apmaiņas ceļā)

To: H.E. Dr. Martins Virsis

Ambassador of Republic of Latvia

Kuwait

6/8/2003

I have the honour to acknowledge receipt of your letter dated 13-5-2003 which reads as follows:

"I have the honour to refer to discussions which have taken place between representatives of our two Governments regarding the presence of elements of the National Armed Forces of Latvia in the State of Kuwait as a result of their deployment by the Government of the Republic of Latvia in the State of Kuwait in accordance with the relevant Security Council Resolutions.

Pursuant to the consent of the Government of the State of Kuwait to the stationing of those forces in the territory of the State of Kuwait, and having regard to the close and longstanding ties between our two Governments, I have the honour to propose on behalf of the Government of the Republic of Latvia that an Agreement concerning the status of the National Armed Forces of Latvia in Kuwait for this purpose be concluded on the following terms:

1. National Armed Forces of Latvia means any body, contingent or detachment of the National Armed Forces of Latvia, which with the consent of the Government of the State of Kuwait is lawfully present in Kuwait and includes any civilian employee of the Government of the Republic of Latvia sent to Kuwait in connection with this Agreement.

2. The National Armed Forces of Latvia shall observe and respect the laws, regulations, customs and traditions of Kuwait, and shall have a duty not to interfere in the internal affairs of Kuwait.

3. The National Armed Forces of Latvia personnel shall be granted by the State of Kuwait on its territory the privileges and immunities of the administrative and technical staff in accordance with the Vienna Convention on Diplomatic Relations of 18 April 1961.

4. Contractors, personnel of companies and Kuwaities joining the National Armed Forces of Latvia are subject to Kuwait judicial authority regarding civil and penal matters.

5. (a) Each Government waives any claim it has or may have against the other Government or any personnel from the force of the other Government for injury (including injury resulting in death) suffered by its personnel or for damage to or loss of property owned by it if such injury, death, damage or loss was caused by acts or omissions of personnel of the other Government in the performance of official duties in connection with this Agreement. The National Armed Forces of Latvia shall, however, submit the equipment and constructions of Kuwait which were under their disposal in the same condition at the time of delivery and to compensate against any damage or loss resulting of the misuse of them.

(b) The Government of Kuwait shall deal with and settle, in accordance with its laws, third party claims arising within its own territory for or in connection with any act or omission by the Government of the Republic of Latvia or any personnel from the National Armed Forces of Latvia in the performance of official duties in connection with this Agreement which results in injury, death, loss or damage and the Government of the Republic of Latvia will pay just and reasonable compensation to the Government of Kuwait in respect of any such claims.

(c) The Government of the Republic of Latvia shall endeavour to assist third party claims resulting from any act or omission of any personnel from the National Armed Forces of Latvia causing injury, other than in performance of official duties in connection with this Agreement and in obtaining satisfaction of any judgement obtained in respect of any such claims.

6. The National Armed Forces of Latvia may enter and exit Kuwait with military or the Government of the Republic of Latvia identification cards. Kuwaiti military identification cards will be issued by the Kuwaiti authorities. The members of the National Armed Forces of Latvia shall produce such cards to the appropriate authorities of the Government of Kuwait when required.

7. Vehicles, vessels and aircraft used by the National Armed Forces of Latvia shall not be subject to licensing or registration under the law of Kuwait. The National Armed Forces of Latvia may use airfield facilities without payment of dues, tolls or other charges. Members of the National Armed Forces of Latvia may operate vehicles with valid driving licenses of Latvia and military identification.

8. The National Armed Forces of Latvia may import into Kuwait without licence or other restriction and free of customs, duties and taxes, equipment and other supplies required by them for the purpose of their operations together with the personal effects of and items for the personal consumption or use of the National Armed Forces of Latvia. Any property of any kind imported duty free under this paragraph which is sold in Kuwait to persons other than those entitled to duty free import privileges will be subject' to customs and other duties on its value at the time of sale.

9. Militaries of the National Armed Forces of Latvia may possess and carry arms when authorised to do so by their orders during their official duties.

10. The Government of Kuwait may at any time request the withdrawal of the National Armed Forces of Latvia from Kuwait. The Government of the Republic of Latvia reserves the right to withdraw the National Armed Forces of Latvia Forces at any time after notifying the Government of Kuwait.

11. This Agreement is concluded till 31 December of 2003 and may be renewed for next period, but not to affect on paragraph 5 which shall be implemented on any matter which may occur from executing this Agreement.

12. Any dispute between the Parties arising out of the interpretation or implementation of this Agreement shall be settled exclusively by the Parties through consultation and negotiations.

13. This Agreement shall be concluded in the Latvian, Arabic and English languages, all texts being authentic. In case of divergence the English text shall prevail.

I have the honour to propose that, if the above terms (1-13) are acceptable to the Government of Kuwait, this letter and your reply will constitute an Agreement between our two Governments which shall take effect on the date of receipt of your reply."

I have the honour to inform you that my Government agrees to the proposals contained in your Note. Your Note and this Note in reply there to shall thus constitute an Agreement between our two Governments, to take effect on the date of receipt of this reply.

Accept, Excellency, the assurance of my highest consideration.

Sheikh Jaber Al-Mubarak Al-Hamad Al-Sabah