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Agreement between the Government of the Republic of Latvia and the Government of the Republic of Turkey on industrial co-operation in the Field of Defence
The Government of the Republic of Latvia and the Government of the Republic of Turkey (hereinafter referred to as the Parties),
Noting the provision of the Agreement between the Government of the Republic of Latvia and the Government of the Republic of Turkey on the Co-operation in the Area of Military Training, Technics and Science, dated 19 February 1997,
Emphasizing that the friendship and co-operation relations, which will be further developed and strengthened on the basis of the principles of mutual interest and equity of rights, will contribute to mutual interests of both countries as well to the peace and security of the world,
Desiring the co-operation in the defence industry with the intention of developing of developing and strengthening the friendly relations, have agreed an the following:
Article 1
Purpose
The purpose of this Agreement is to establish a more effective co-operation between the Parties in the fields of research, development and production of the defence items and services, procurement and the related logistic support and in technical fields as well as the defence industrial co-operation by strengthe-ning the defence industrial capabilities of both countries.
Article 2
Scope
This Agreement covers the mutual co-operation fields, principles and activities on the defence industry between the Parties.
Article 3
Definitions
1. The term "Agreement" means the Agreement on Industrial Co-operation in the field of defence between the Parties.
2. "The Sending State" means the State, which sends guest personnel, material and equipment to the country of the Receiving State for the purposes or this Agreement.
3. "The Receiving State" means the state on whose territory guest personnel, material and equipment of the Sending State are located for the purposes of this Agreement.
4. "The Guest Personnel" means military or civil persons that the Sending State deploys in the territory of the Receiving State for the purposes of this Agreement.
5. "Dependants" means those members of family whom the Guest Personnel should take care of according to their national laws and legislation.
6. "Defense Items and Services" means the logistic (technical" support and necessary services as well as weapons, military equipment and the necessary materials for their production.
7. "Implementation Agreements/protocols" means the agreements and/or protocols to be signed for each project, where principles and procedures of the form, place, time and conditions of settling mutual debt and receivable arising from expenses resulting from research, development, manufacturing, procurement, technical services and personnel support as well as infrastructure services, the financial and legal obligations; health and administrative facilities and potential special matters about security issues will be stated in details.
8. "Technical Fields" means research, development and production technology of the defense items and technical services.
9. "Technical Services" means the services concerning development, production, maintenance and modification of the defense materials.
10. "The Competent Authority" means in the Republic of Latvia the Ministry of Defence of the Republic of Latvia and the Embassy of the Republic of Turkey and in the Republic of turkey the Ministry of National Defence of the Republic of Turkey and the Embassy of the Republic of Latvia.
11. "Quality Assurance" means the functions and activities which are necessary to be carried out in order to ensure that the quality of defence items and services are acquired.
12. "Classified Information" means the information, documents, materials and projects which have the security classification level within the frame of the security measures prescribed by their respective national laws and regulations of the Parties.
13. "Joint Committee" means the Commission to be established under the co-chairmanship of the State Secretary of the Ministry of Defence of the Republic of Latvia and the Deputy-Under-secretary and National Armament Director of the Ministry of National Defence of the Republic of Turkey and as responsible for the determination and pursuit of defence industry cooperation fields and projects.
Article 4
Field of co-operation
The Parties will co-operate in the following fields.
1. Research, design and production in militarytechnical field.
2. Search for possibilities of mutual design, production and modification of the spares, competent, tools, defense materials and the equipment required by the armed forces of the Parties and benefit from the scientific, technical and industrial resources of both Parties for this purpose.
3. Acquisition of the materials of developed within the framework of joint production or project by the Parties.
4. Sale of the end items jointly manufactured in common projects to the third countries by mutual agreement.
5. Search for possibilities of the joint programmes on the development, production and modernization technologies concerning defense items and their related supplies to the interest of Armed Forces of both Parties and, if agreed upon, also of the third countries.
6. Mutual assistance in the fields of production, procurement of the defense industrial items and services as well as modernization of tools and equipment.
7. Technical information exchange.
8. Conclusion of Agreements on the procurement and production of the defense items between the companies of both countries within the framework of this Agreement.
9. Conclusion of Agreement between the state establishments, enterprises and companies of both countries in order to further develop and produce jointly the weapons and military equipment as well as their parts.
10. Participation in the military industrial fairs, commercial exhibition and symposia organized in both countries.
11. Co-operation between the military technical institutions, production and repair agencies.
12. Organization of the joint scientific activities in the fields of mutual interest.
13. Information exchange on the defense industrial standards and quality assurance systems used by the Parties and exchange of the related documents without prejudice to the provisions of the bilateral or multilateral agreement and/or agreements that the Parties signed before.
Article 5
Implementation principles
1. The Parties shall define the implementing details concerning their co-operation field/fields through implementation agreements and/or protocol. These implementation agreements/protocols shall be concluded taking into account the provisions of this Agreement, binding international agreements and the binding documents of the international organizations (including World Trade Organization), where the Parties are the Members states.
2. Both Parties shall have equal rights in the maintenance of the relations, and they shall respect this fact mutually.
3. The co-operation shall be built and maintained on the basis of the principle of reciprocity talking the mutual interest and need of the Parties into consideration.
4. In Principle, the Parties shall co-operate only, in the matters concerning their own defense industries. The Inclusion of an issue, which may concern third countries for co-operation can be brought to the agenda in case of a mutual agreement.
5. When the Parties desire, they can prepare annual co-operation plans taking the principles of the Agreement into consideration.
6. The Parties shall assess and take the decisions concerning the invitation of the third countries to participate in joint production projects between the Republic of Latvia and the Republic of Turkey by mutual agreement.
Article 6
Quality assurance
In order to set a standard for defence industry projects between the two countries and for procurement of defence equipment and services, a separate agreement will be implemented.
Article 7
Joint Committee
1. In order to implement the provisions of this Agreement, a Joint Committee, under co-chairmanship of equally authorized persons with respect to their missions, will be formed.
2. Neither Party will have more that 7 members in the Joint Committee in addition, when necessary, expert personnel will be admitted to the Joint committee.
The liaison offices which are responsible for organizing and co-ordinating the activities of the Joint Committee are the International Relations Department of the Ministry Defense of the Republic of Latvia and the Department of Defense Industry Foreign Relations Department, Ministry of National Defense of the Republic of Turkey. The Joint Committee will assemble on mutually agreed and/or at least once every 3 years as each party serves as the host in rotation.
3. The Committee will perform the following duties:
To identify and define potential areas of co-operation;
To select and analyse projects that can be realized jointly, and identify the most appropriate types and methods of co-operation in view of implementation;
To identify the most suitable organizations for joint projects in each country;
To identify local firms who could be potential partners on the basis of co-operation proposals that each Party put forward; and inform those firms about the proposals;
To facilitate the direct relationship among firms of each State, the relevant government authorities and other organizations;
To inform the relevant national authorities on the agreement concerning joint projects;
To present the proposals and recommendations about the involvement of third countries to joint projects to the national authorities for examination;
To evaluate the application of this Agreement and, negotiate the proposals to potential amendments in the Agreement, should a need arise;
Top negotiate in order to settle the disputes arising from the implementation and interpretation of this Agreement, should a need arise.
4. All themes on the agendas of the Joint Committee meeting must be defined and co-ordinated at least 60 (sixty) days prior to the meeting.
5. Heads of Delegations shall inform each other on the questions and themes desired to be included in the agenda. The Joint Committee is invited to the meeting by the head of Delegation responsible for the organization of the above mentioned meeting in order to discuss the mutually agreed agenda.
6. The cost of organizing the meeting as well as administrative expenses (including domestic travel expenses) shall be met by Receiving State. Each Party will pay the expenses for its international travel between the two countries and its daily allowances.
Article 8
The security of the classified information
1. For the classification and providing the security of all kinds of information, document, material and project to be exchanged within the framework of this Agreement, and for the procedures and principles concerning circulation and temporary or permanent lending of these information, document, materials and projects, a separate Agreement will be implemented.
2. The responsibilities of Parties for the use of classified information and preventing their disclosure will continue ever after the termination of this Agreement.
Article 9
Commitments of the parties in accordance with other international Agreements
This Agreement will not affect the commitments of both countries which stem from the other international agreements to which both countries are parties.
Article 10
Legal matters
1. The guest personnel and their dependants will be subject to the laws and jurisdiction of the receiving State while they are within the territory of the Receiving State including their entry, residence and departure.
2. The right and obligations of the Parties concerning the industrial ownership, manufacturing within their own countries, the distribution of manufacturing licenses, know how, sale to third countries and the protection of patents on developments and inventions realized within the framework of joint projects will be specified in the implementation agreements/protocols.
Article 11
Settlement of Disputes
1. The parties will settle the disputes resulting from interpretation or application of this Agreement in the Joint Committee through negotiations in 90 days upon the request of one of the Parties.
2. If the disputes can not be resolved within 90 days in the Joint Committee, they shall be settled at the level of the Minister of Defence of the Republic of Latvia and the Minister of National Defence of the Republic of Turkey through consultations.
Article 12
Amendments
Each Party may propose an amendment of this Agreement in writing if it is deemed necessary. In such a case, the Parties shall start negotiations on the above mentioned amendment within 90 days. The amendment that was agreed upon will come into force in accordance with the provision in Article 14.
Article 13
Duration and Termination
1. The duration of this Agreement is 5 years. However, its validity shall be automatically extended always by 1 (one) year unless it is terminated in writing through diplomatic channels by one of the Parties at least 90 days before the expiration of its validity.
2. Should the method under articles 11 and 12 which aim at settling the disputes and revise and amend the Agreement, does not achieve its purpose, each Party can terminate the Agreement thorough diplomatic channels by sending a written statements to the other Party. The termination will come into effect 90 days after the statement is received. However, the provisions of the termination will not affect the completion of any project, program or contract which was determined according to the principles of the Agreement.
Article 14
Enforcement
This Agreement shall enter into force on the date of reception through the diplomatic channels of the last written notification confirming its internal approval in compliance with their relevant legal regulations.
Done in Riga on June 13, 2000 in two copies in Latvian, Turkish and English languages each text being equally authentic. In the event of a dispute, the English text shall prevail.
For the Government of the Republic of Latvia Ģirts Valdis Kristovskis Minister of Defence
For the Government of the Republic of Turkey Sabahattin Čakmakoglu Minister of Defence
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