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AGREEMENT BETWEEN THE REPUBLIC OF LATVIA AND THE SUPREME HEADQUARTERS ALLIED POWERS EUROPE AND HEADQUARTERS, SUPREME ALLIED COMMANDER TRANSFORMATION TO SUPPLEMENT THE PARIS PROTOCOL
ARTICLE 1, DEFINITIONS
ARTICLE 2, GENERAL PROVISIONS
ARTICLE 3, LOCATION AND CHANGE OF PERMANENT LOCATION OF AN ALLIED HEADQUARTERS
ARTICLE 4, INSTALLATIONS
ARTICLE 5, INVIOLABILITY OF PREMISES
ARTICLE 6, IMMUNITY OF ALLIED HEADQUARTERS
ARTICLE 7, IMMUNITIES AND PRIVILEGES OF HIGH RANKING PERSONNEL
ARTICLE 8, STATUS OF STAFF MEMBERS ASSIGNED BY OTHER ORGANISATIONS
ARTICLE 9, PERSONNEL STRENGTH OF ALLIED HEADQUARTERS
ARTICLE 10, ENTRY, DEPARTURE, WORK, AND STAY
ARTICLE 11, LEGAL CAPACITY OF SUPREME HEADQUARTERS
ARTICLE 12, CLAIMS
ARTICLE 13, CIVILIAN PERSONNEL EMPLOYED BY AN ALLIED HEADQUARTERS
ARTICLE 14, CONTRACTORS, TECHNICAL EXPERTS, AND SPECIALISTS
ARTICLE 15, SECURITY CERTIFICATES (NATO PERSONNEL SECURITY CLEARANCE)
ARTICLE 16, BANKING AND CURRENCY
ARTICLE 17, FISCAL ENTITLEMENTS
ARTICLE 18, PROTECTION OF THE ENVIRONMENT, HEALTH, AND SAFETY
ARTICLE 19, PUBLIC HYGIENE
ARTICLE 20, EVACUATION OF MEMBERS AND DEPENDENTS
ARTICLE 21, CORRESPONDENCE AND COMMUNICATION
ARTICLE 22, TELECOMMUNICATION
ARTICLE 23, POLICING ON AND OFF PREMISES
ARTICLE 24, SECURITY AND FORCE PROTECTION
ARTICLE 25, ARMS
ARTICLE 26, TRAFFIC REGULATIONS AND MOTOR VEHICLES
ARTICLE 27, DRIVING LICENCES
ARTICLE 28, REGISTRATION PLATES
ARTICLE 29, MILITARY CLUBS, TRAVEL CONCESSIONS, AND SPORT FACILITIES
ARTICLE 30, MEDICAL AND DENTAL SERVICES
ARTICLE 31, EDUCATIONAL SERVICES
ARTICLE 32, WELFARE SERVICES
ARTICLE 33, IMPLEMENTATION AND DISPUTE SETTLEMENT
ARTICLE 34, ENTRY INTO FORCE
ARTICLE 35, AMENDMENTS
ARTICLE 36, DURATION AND TERMINATION
PREAMBLE
In view of the North Atlantic Treaty signed in Washington D. C. on 4 April 1949;
In view of the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces signed in London on 19 June 1951;
In view of the Agreement among the States Parties to the North Atlantic Treaty and the other States Participating in the Partnership for Peace regarding the Status of their Forces, signed in Brussels on 19 June 1995, and any Protocols thereto with effect in the territory of the Republic of Latvia;
In view of the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty, signed in Paris on 28 August 1952;
In acknowledgement of the authority of the North Atlantic Council to activate and deactivate NATO Military Bodies with international status;
Desiring to conclude supplementary agreements and arrangements for the establishment, operation of, and conditions for personnel attached to NATO Military Bodies enjoying status under the Paris Protocol within the territory of the Republic of Latvia;
Considering that other agreements may be reached by NATO with States which are members of NATO partnership and cooperation programmes to facilitate the ability of the nationals of these States to operate or function as an integral part of NATO-led Forces or within a NATO International Military Headquarters;
Recognising that the North Atlantic Council may come to a decision to conclude agreements with the United Nations, the European Union, and other international organisations, governmental organisations, non-governmental organisations, and international tribunals that such organisations may participate in or otherwise support NATO facilities, functions, and activities, which enjoy status under the Paris Protocol and this Supplementary Agreement;
And understanding that further implementing arrangements may be required in execution of this Agreement and to accommodate support requirements;
THE REPUBLIC OF LATVIA, THE SUPREME HEADQUARTERS ALLIED POWERS EUROPE AND HEADQUARTERS SUPREME ALLIED COMMANDER TRANSFORMATION, IN THE FOLLOWING REFERRED TO AS THE PARTIES, HAVE, PURSUANT TO PARAGRAPH 2 OF ARTICLE 16 OF THE PROTOCOL, REACHED THE FOLLOWING AGREEMENT:
ARTICLE 1
DEFINITIONS
In this Agreement (hereinafter referred as the "Supplementary Agreement"), the term:
1. "Agreement" means the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, signed in London on 19 June 1951.
2. "Protocol" means the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty, signed in Paris on 28 August 1952.
3. "PfP SOFA" means the Agreement among the States Parties to the North Atlantic Treaty and the other States Participating in the Partnership for Peace regarding the Status of Their Forces, signed in Brussels on 19 June 1995, including the Additional Protocol to this Agreement, dated 19 June 1995, the Further Additional Protocol, dated 19 December 1997, and any further Protocols thereto which enter into force in the territory of the Republic of Latvia;
4. "SHAPE" means the Supreme Headquarters Allied Powers Europe.
5. "SACEUR" means Supreme Allied Commander Europe.
6. "HQ SACT" means Headquarters, Supreme Allied Commander Transformation.
7. "SACT" means Supreme Allied Commander Transformation.
8. "Supreme Headquarters" means SHAPE or HQ SACT, as appropriate and as defined by the Protocol, Article 1, as well as any future Supreme Headquarters or successor organisations.
9. "Allied Headquarters" shall for the purpose of this Supplementary Agreement and in addition to the Protocol, Article 1, include any NATO military body which, pursuant to a decision by the North Atlantic Council and as anticipated in decision adopted by the North Atlantic Council 19 May 1969 on Procedures for the activation and reorganisation in peacetime of NATO military bodies and rules for granting them international status and international financing (C-M (69)22), is granted status under the Protocol in accordance with the Protocol, Article 14.
10. The status held by NATO Agencies derives from the Ottawa Agreement. However, should the Charter of a NATO Agency direct that the personnel of that Agency enjoy status under the Paris Protocol, this Supplementary Agreement shall, irrespective of paragraph 9 of this Article, extend to such personnel attached to or employed by that Agency or its subordinate elements in the Republic of Latvia.
11. "NATO partnership and cooperation programmes" means all NATO partnership and cooperation initiatives, whether based on a geographical or functional relationship, approved by the North Atlantic Council.
12. "International and non-governmental organisations, and international tribunals" mean those organisations that participate in NATO activities under the auspices of or in support of an Allied Headquarters located on or otherwise operating in or from the territory of the Republic of Latvia, when approved by the North Atlantic Council and duly so reported by the concerned Allied Headquarters to the Republic of Latvia.
13. "Head of an Allied Headquarters" means the senior responsible officer, military or civilian, who at any given time is appointed or designated to represent an Allied Headquarters.
14. "Members" means, consistent with and in addition to the Protocol, Article 3, paragraph 1 (a) and (b), and the Further Additional Protocol to the PfP SOFA:
a. Personnel attached to an Allied Headquarters and belonging to the land, sea or air armed services of a State who is either:
(1) A Party to the North Atlantic Treaty;
(2) A Party to the PfP SOFA; or
(3) Participating in other NATO Partnership and Cooperation Programmes.
b. Civilian personnel who are:
(1) Nationals of and employed by a Party to the North Atlantic Treaty and attached to an Allied Headquarters;
(2) Nationals of and employed by a Party to the PfP SOFA and attached to an Allied Headquarters;
(3) Nationals of and employed by a Nation participating in NATO Partnership and Cooperation Programmes and attached to an Allied Headquarters; or
(4) Nationals of a Party to the North Atlantic Treaty and employed by an Allied Headquarters in categories determined by the North Atlantic Council (NATO International Civilians).
c. Personnel, both military and civilian, from nations participating in NATO Partnership and Cooperation Programmes and who are attached to an Allied Headquarters but whose Nations are not Parties to the Agreement, the Protocol, or the PfP SOFA.
15. "Dependent" means any person recognised by the sending State or by an Allied Headquarters as a dependent of a member.
16. "Additional Element" shall for the purposes of this Supplementary Agreement mean subordinate entities, and NATO and non-NATO detachments, including temporary headquarters or units, national or international support units and military national representatives and liaison offices, NATO agencies together with liaison teams and officers.
ARTICLE 2
GENERAL PROVISIONS
1. The Parties shall facilitate the execution of the Agreement, the Protocol, the PfP SOFA, and this Supplementary Agreement, including by adopting and implementing necessary legislation, and shall endeavour to cooperate with an Allied Headquarters in the most efficient manner to effectively implement the said agreements.
2. The purpose of this Supplementary Agreement is to facilitate the operation of Allied Headquarters and to preserve the integrity and independence of such Headquarters and their members. Entitlements afforded to members and their dependents are granted by the Republic of Latvia in the interests of NATO and in support of an Allied Headquarters and not for their personal benefit. The Supreme Headquarters and Allied Headquarters remain the custodians of the entitlements.
3. This Supplementary Agreement is intended to ensure compliance with decisions passed by the North Atlantic Council, as well as NATO regulations and policies. In accordance herewith, it is understood that the official activities comprise both those conducted in execution of the mission and tasks of that Allied Headquarters, and those activities conducted under the provisions of non-appropriated funds of the Allied Headquarters.
4. Irrespective of the nature of the activities, it is understood that the Republic of Latvia, shall not derive revenue from the activities or property of an Allied Headquarters.
5. An Allied Headquarters shall be permitted to have its own flag and to display this flag along with the flags of NATO, NATO and Partner Nations, Nations participating in NATO Partnership and Cooperation Programmes, and flags of any other organisation, in accordance with regulations in force for that Headquarters. An Allied Headquarters may equally, and subject only to NATO regulations, design its own crest and official seal. Such insignias of the Allied Headquarters shall be duly protected under laws and regulations of the Republic of Latvia, and the official stamp shall, on request of an Allied Headquarters, be recognised through the appropriate authorities of the Republic of Latvia and be communicated to the relevant governmental departments and agencies.
6. Unless such Allied Headquarters have been afforded international financing in accordance with C-M (69)22, the procedures agreed in Article 3, Article 4, paragraph 1, paragraph 2 and paragraph 5, of this Supplementary Agreement and the guarantee provided in Article 16, paragraph 1, of this Supplementary Agreement shall not extend to such Allied Headquarters which are established through bi- or multilateral arrangements amongst NATO and/or Partner Nations; the funding, administration and location of such Allied Headquarters may be subject to separate arrangements concluded by the Nations participating in such arrangements. Additionally, Article 9 paragraph 1, paragraph 2 and paragraph 5 of this Supplementary Agreement shall only apply to such Allied Headquarters assigned with a Peacetime Establishment authorised by the North Atlantic Council.
7. Additional Elements attached to an Allied Headquarters, and supporting that Allied Headquarters, and their personnel as well as their dependents shall, without prejudice to the status granted under the Agreement or the application of other agreements concluded pursuant to the Agreement or otherwise, enjoy the same status as granted to an Allied Headquarters and its members and their dependents in this Supplementary Agreement, Articles 5, 6, 10, 12, and Article 14 through Article 32, without prejudice to the status of an Allied Headquarters.
ARTICLE 3
LOCATION AND CHANGE OF PERMANENT LOCATION OF AN ALLIED HEADQUARTERS
1. The peacetime location of Allied Headquarters on territory of the Republic of Latvia shall be established through arrangements between the respective Supreme Headquarters and the Republic of Latvia. Any change of a permanent location of an Allied Headquarters in the Republic of Latvia in time of peace shall be subject to negotiations between the Republic of Latvia and the respective Supreme Headquarters.
2. The Republic of Latvia shall indemnify the Allied Headquarters for costs payable to civilian personnel specified in Article 13, paragraphs 1 and 2 of this Supplementary Agreement, to which such personnel is entitled under applicable NATO and the laws and regulations of the Republic of Latvia, respectively, due to loss of job or relocation as a result of unilateral decisions by the Republic of Latvia leading to the closure, reduction, or relocation of any Allied Headquarters set up pursuant to the Protocol.
3. Nothing in this Article shall be interpreted as preventing or requiring the appropriate authority within NATO to decide on funding of the costs of moving an Allied Headquarters, and any direct costs associated herewith.
ARTICLE 4
INSTALLATIONS
1. Subsequent to the Agreement, Article IX, paragraph 3, and the Protocol, Articles 4 and 8, and acting on a request from a Supreme Headquarters, the Republic of Latvia shall take all measures required to offer such land, buildings and fixed installations necessary for the use of an Allied Headquarters. The Republic of Latvia shall make such agreed assets available to an Allied Headquarters without charge and free of fees, taxes or licences, as envisaged in Article 17 below. The details shall be set out in a separate arrangement specific to the particular Allied Headquarters.
2. Notwithstanding the above, an Allied Headquarters shall have the right to contract independently for land, buildings, installations and services, subject only to approval by the Republic of Latvia of the site and on terms not less favourable than those enjoyed by the Latvian National Armed Forces. At the request of an Allied Headquarters, the Republic of Latvia shall provide such assistance as may be necessary for the exercise of this right.
3. The Republic of Latvia shall designate a national authority to act as the executive agent responsible for holding authorisations required by the laws and regulations of the Republic of Latvia, in which case an Allied Headquarters shall assist in obtaining authorisations by expeditiously providing, on request, all appropriate information, documentation and technical studies. There shall be no charge to an Allied Headquarters for such authorisations.
4. Without further notice or licences, an Allied Headquarters may, either directly or by concessionaire, operate canteens, messes and cafeterias and shall equally be authorised to grant, within its premises (hereinafter to include camps, facilities, and establishments), concessions relating to the establishment of service functions such as, but not limited to, barber and beauty shops, laundry and dry cleaning, banking and travel facilities. Conversely, the concessionaires shall comply with the laws and regulations of the Republic of Latvia on licences and permits.
5. Assets acquired from international funds and assets (to include land, buildings, and fixed installations) provided for the use of an Allied Headquarters by the Republic of Latvia without charge (other than nominal charge), when no longer required by the Allied Headquarters, shall be subject to the procedures laid down in the Protocol, Article 9.
ARTICLE 5
INVIOLABILITY OF PREMISES
1. The premises of an Allied Headquarters are inviolable. Any access to such premises by officials of the Republic of Latvia for the performance of their official functions shall require the approval of the Head of an Allied Headquarters or the designated representative.
2. Access to Allied Headquarters premises occupied by subordinate units, NATO agencies, national units other than units of the Republic of Latvia, or by international and non-governmental organisations, and international tribunals located on Allied Headquarters premises, are also covered by the provisions of this Supplementary Agreement. Conditions other than access may be subject to bilateral arrangements with the Republic of Latvia.
3. Upon request and as determined by the Head of an Allied Headquarters, labour inspection authorities of the Republic of Latvia may be given access to areas of an Allied Headquarters, for inspection purposes and at reasonable times, where persons employed in accordance with Article 13, paragraph 2 (Local Wage Rate personnel) of this Supplementary Agreement, perform their activities.
4. Nothing in this Article shall be interpreted to affect the inviolability of the archives and other official documents of an Allied Headquarters or the verification procedure provided by the Protocol, Article 13. Neither shall it constitute a right for labour inspections of the Republic of Latvia to perform functions with respect to international assignments or employment of NATO international civilians, or with regard to personnel otherwise engaged by the Allied Headquarters for its activities in accordance with Article 32, paragraph 1, of this Supplementary Agreement. The Allied Headquarters shall assist these authorities in the performance of their duties. The inspections of premises stated in this Article shall be conducted only subject to the approval of the Head of an Allied Headquarters and in accordance with the applicable security agreements and NATO security regulations.
ARTICLE 6
IMMUNITY OF ALLIED HEADQUARTERS
The immunity from seizure, attachment or other enforcement measures provided in the Protocol, Article 11, paragraph 2, shall be afforded without distinction to any infrastructure, item or funds owned or in the possession of an Allied Headquarters or anyone acting on behalf of an Allied Headquarters. This provision shall not extend to the units of the Republic of Latvia assigned to an Allied Headquarters in the Republic of Latvia, if the property subject to the enforcement is owned by the Republic of Latvia, unless the enforcement is directed against the Allied Headquarters.
ARTICLE 7
IMMUNITIES AND PRIVILEGES OF HIGH RANKING PERSONNEL
1. The following immunities and privileges shall be accorded to General and Flag Officers (NATO grade OF-6 and above) and civilian officials of equivalent grades of an Allied Headquarters for the duration of their mission provided these persons serve in an international post:
a. Immunity from all legal actions of the Republic of Latvia, to include arrest or detention;
b. Inviolability of their personal papers and for official documents held by them;
c. Facilities with respect to currency or exchange such as accorded to Foreign Diplomatic Staff of equivalent status in the Republic of Latvia;
d. Immunities and facilities in the Republic of Latvia with respect to personal baggage as are accorded to Foreign Diplomatic Staff of equivalent status; and
e. Immunity from the jurisdiction of the Republic of Latvia with respect to words spoken and acts committed, including words written by them, when in their official capacity and while acting within the scope of their authority.
2. For the purposes of this Article "international post" means a post identified as such in a decision of the North Atlantic Council or in an international agreement or arrangement.
3. Subject to the conditions stated in this Article, and if the Head of an Allied Headquarters holds a grade below NATO grade OF-6 or an equivalent civilian grade, the immunities stated above shall extend to the Head and the Deputy. Other functions on the staff below NATO grade OF-6 and the equivalent civilian grade shall be granted the status set out in this Article on the request of a Supreme Headquarters.
4. If the persons referred to in this Article are citizens of the Republic of Latvia or ordinarily residing in the Republic of Latvia and attached to an Allied Headquarters by the Republic of Latvia, they shall be accorded only the immunities and privileges laid down in subparagraphs (b) and (e) of paragraph 1 above.
5. The immunities stipulated in this Article shall be maintained after the appointment ceases, with respect to the period of their mission.
6. When in the Republic of Latvia in their official capacity, the immunities set out in this Article shall equally apply to General and Flag Officers (NATO grade OF-6 and above), and civilian officials of equivalent grades of any Allied Headquarters located outside the Republic of Latvia.
7. Supported by the Allied Headquarters, Ministry of Foreign Affairs of the Republic of Latvia shall establish and maintain a current list of persons who benefit from all or part of the immunities and privileges set out in paragraphs 1 - 5 above. An Allied Headquarters shall cooperate with the authorities of the Republic of Latvia to facilitate adherence to legislation of the Republic of Latvia and prevent abuse of the afforded immunities and privileges, it being understood that the status is accorded not for the personal advantage of those who receive it but in order to enable them to perform their functions in furtherance of the North Atlantic Treaty.
8. Immunities may be withdrawn by SACEUR or SACT, as appropriate, upon request of the Republic of Latvia whenever the immunity would otherwise inhibit the normal course of legal process, and on the condition that the waiver would not prejudice the interests of their commands.
ARTICLE 8
STATUS OF STAFF MEMBERS ASSIGNED BY OTHER ORGANISATIONS
Unless staff assigned by international or non-governmental organisations, or by international tribunals already enjoy status under separate agreements or arrangements to which the Republic of Latvia is a Party, the status provided to members and their dependents under this Supplementary Agreement shall, upon notification of an Allied Headquarters to the Republic of Latvia, be afforded to such staff members assigned to or acting in support of an Allied Headquarters, and to their dependents.
ARTICLE 9
PERSONNEL STRENGTH OF ALLIED HEADQUARTERS
1. In time of peace, the respective Supreme Headquarters is authorised to increase the personnel strength of each Allied Headquarters in any one year by 10%. The Allied Headquarters shall provide the Republic of Latvia with prior notification of such increases and may increase further subject to the prior approval of the Republic of Latvia. This provision shall not apply in case an increase is provided through decisions passed by the North Atlantic Council.
2. Subject to prior consultations between the Allied Headquarters and the Republic of Latvia, an Allied Headquarters is authorised to increase authorised personnel strengths by more than 10% above the level existing on the day of signature of this Supplementary Agreement (or effective increase approved under paragraph 1 above) during the preparations and conduct of exercises, experiments, and NATO-led operations.
3. An Allied Headquarters shall annually inform the Republic of Latvia of the actual strengths of the Allied Headquarters and shall, in facilitation of immunities and entitlements, provide adequate information on the assignment of members and their dependents, including extensions of the presence in the Republic of Latvia of dependents in accordance with Article 32 of this Supplementary Agreement. The detailed procedure shall be determined by the Allied Headquarters and the appointed authorities of the Republic of Latvia.
4. lf training or exercises of any kind are to be conducted by an Allied Headquarters or by formations under the direction of that Headquarters, the Republic of Latvia may request the Allied Headquarters to provide prior notification and obtain approval of such activities.
5. Additional Elements (as defined in Article 1, paragraph 16 of this Supplementary Agreement), beyond those established or declared to be established by the date of signature of this Supplementary Agreement, shall not be established without prior approval of the North Atlantic Council or the Republic of Latvia, as appropriate.
ARTICLE 10
ENTRY, DEPARTURE, WORK, AND STAY
1. In addition to the exemptions provided in the Agreement, Article III, paragraph 1, and the Protocol, Article 4, but without prejudice to the rights and obligations set out in the Agreement, Article III, paragraphs 4 and 5; and in the Protocol, Article 4, (b) and (c); non-Latvian members shall be exempt from visa as well as non-Latvian members and their dependents shall be exempt from Latvian visa and immigration requirements, obligations associated with residency and registration, and dependents shall, subject to a reciprocity criteria and procedures to be established by the Republic of Latvia, be exempt from the requirements to hold work permits. Similarly, dependents shall subject to reciprocity criteria and procedures to be established by the Republic of Latvia, be exempt from requirements to hold work permits under the laws and regulations in force in the Republic of Latvia.
2. The Republic of Latvia shall permit the practice of all professions performed by the members in sole connection with the official activities of an Allied Headquarters, without requiring any kind of national or sub-division fees, licence, or credentials and/or taxation, whether at the national or lower governmental levels. This shall equally extend to their dependents, when engaged in such activities.
3. The Republic of Latvia shall include any Allied Headquarters located on its territory in its registry of international organisations with representation in the Republic of Latvia, and shall, without prejudice to the Agreement, Article III, and the Protocol, Article 5, issue all non-Latvian members and their dependents the same accredited identity cards as issued to international organisations with representation in the Republic of Latvia, it being fully recognised that this procedure does not afford any further status or entitlements.
4. Members and dependents, who are not nationals of the Republic of Latvia or ordinarily residents in the Republic of Latvia, are in the Republic of Latvia in support of an Allied Headquarters located in the Republic of Latvia and their presence is exclusively associated with that Allied Headquarters. Accordingly, their presence is of a temporary non-resident nature, despite any length of orders or contract. The terms ordinary resident and ordinarily residing shall therefore not be applied or enforced by the Republic of Latvia to such members or dependents present in the Republic of Latvia, in any regards.
ARTICLE 11
LEGAL CAPACITY OF SUPREME HEADQUARTERS
1. Supreme Headquarters have juridical personality in accordance with the Protocol and have capacity to, in particular, conclude contracts and acquire, own, and dispose of property, and to conclude international agreements, without being subject to any further arrangements in the Republic of Latvia.
2. The Republic of Latvia recognises that an Allied Headquarters may, in accordance with its internal procedures, represent or otherwise exercise the capacity to, in particular, conclude contracts and acquire, own, and dispose of property and to conclude international agreements on behalf of a Supreme Headquarters, when duly authorised to do so.
3. When requested to do so by an Allied Headquarters, the Ministry of Defence of the Republic of Latvia shall act on behalf of such Headquarters in legal matters in which the Allied Headquarters is an interested party. The Allied Headquarters shall only reimburse the Republic of Latvia expenditure incurred by the Republic of Latvia to which the Allied Headquarters has previously consented.
4. It is understood that an Allied Headquarters, which is established through bi- or multilateral arrangements amongst NATO and/or Partner Nations may exercise its capacity to act on its own behalf as determined by the laws and regulations of the Republic of Latvia, and the framework by which it is established and controlled. This shall not affect the status, rights, or obligations of the Supreme Headquarters or NATO.
ARTICLE 12
CLAIMS
1. Subject to the limitations provided in the Agreement, Article XV, the Protocol, Article 16, and taking due account of Article 11, paragraph 4 of this Supplementary Agreement, claims for damage or injury to persons or property in the Republic of Latvia resulting out of either the activities of an Allied Headquarters or other NATO operations or exercises in the Republic of Latvia and coordinated with the appropriate the Republic of Latvia authorities, shall be adjudicated and settled in accordance with the Agreement, Article VIII, and with the Protocol, Article 6, as appropriate.
2. The Supreme Headquarters shall have the right to self-insure against liabilities and shall thus be exempt from any mandatory insurance requirement under the laws and regulations of the Republic of Latvia.
3. On request of an Allied Headquarters, claims arising out of contracts shall be processed and adjudicated by the Republic of Latvia, on the condition that such contracts are applying the laws and regulations of the Republic of Latvia.
4. The Republic of Latvia shall designate the necessary points of contacts in its administration for the settlement of claims.
ARTICLE 13
CIVILIAN PERSONNEL EMPLOYED BY AN ALLIED HEADQUARTERS
1. An Allied Headquarters may make direct arrangements for the hiring of NATO International Civilians:
a. The terms and conditions of such employment shall be governed exclusively by the applicable NATO regulations and the contract of employment. Disputes pertaining to such employment shall be handled solely in accordance with the applicable North Atlantic Council approved regulations. Recourse to the courts, tribunals, agencies or similar fora of the Republic of Latvia shall not be granted, and in the event NATO International Civilians would attempt to use a national administrative or judicial body to pursue any employment dispute, the Latvian authorities shall advise the concerned administrative or judicial body of its lack of jurisdiction.
b. In accordance with the Protocol, Article 7, paragraph 2, NATO International Civilians are exempt from all taxes, as well as contributions to the social and pension schemes of the Republic of Latvia, on the salaries and emoluments paid to them in their capacity as NATO International Civilians.
2. As envisaged in the Agreement, Article IX, paragraph 4, an Allied Headquarters may employ local civilian labour (Local Wage Rate personnel) under the same conditions as any employer under the laws and regulations of the Republic of Latvia:
a. Systems of administration and classification of positions shall be set by NATO regulations or, where support units are involved, sending State regulations, as per any bilateral or multilateral arrangements in force.
b. Labour disputes between an Allied Headquarters and Local Wage Rate personnel shaII be adjudicated in accordance with the appropriate NATO regulations, without prejudice, however, to the right of such personnel to the jurisdictional protection afforded by the laws and regulations of the Republic of Latvia.
c. The Allied Headquarters shaII comply with the obligations under the Law on State Social Insurance of the Republic of Latvia to make required payments on State Social Insurance Contributions on salaries and emoluments paid to Local Wage Rate personnel. The collection of the State Social Insurance Contributions will be performed in accordance with the laws and regulations of the Republic of Latvia. National Support Units, international, multinational, governmental, non-governmental organisations, and international tribunals are responsible for their own arrangements regarding their Local Wage Rate personnel in the Republic of Latvia.
3. Civilian personnel referred to in paragraph 1 of this Article and of the nationality of the Republic of Latvia may be liable to fulfil military service obligations of the Republic of Latvia. The Republic of Latvia shall grant exemptions from the military service of the Republic of Latvia including military training, if so requested by an Allied Headquarters.
ARTICLE 14
CONTRACTORS, TECHNICAL EXPERTS, AND SPECIALISTS
1. An Allied Headquarters may independently and subject to NATO regulations acquire goods and services through contracts under the law of obligations as well as public procurement law. This may be done with legal or natural persons (e.g. technical experts or specialists) either individually, or under a contract concluded with a company, as intermediary.
2. Contractors, understood as companies, shall be exempt from laws and regulations of the Republic of Latvia regarding the terms of business licensing and registration, provided they are:
a. Non - Latvian companies, and
b. Not resident in the Republic of Latvia, and
c. Providing technical expertise, or otherwise performing specialist and consultative functions, and
d. Exclusively in the Republic of Latvia to execute a contract with or in support of an Allied Headquarters.
The terms and conditions of the employment of employees, obligations to report and withhold taxes and social contributions shall, with the exceptions identified below, be determined in accordance with the laws and regulations of the Republic of Latvia, and international agreements, as applicable.
3. Contractor employees employed by a contractor as defined in paragraph 2 above or under a contract with an Allied Headquarters as envisaged in paragraph 1, present in the Republic of Latvia for the sole purpose of executing a contract with or in support of an Allied Headquarters in the Republic of Latvia, and excluding the nationals of the Republic of Latvia and persons ordinarily resident in the Republic of Latvia, shall, for the duration of their contract and subject to the same limitations and restrictions provided in the Supplementary Agreement in respect to members, be granted the following status by the Republic of Latvia:
a. Exemption from visa, residency, and registration requirements, as provided in this Supplementary Agreement, Article 10, paragraph 1. This shall equally extend to their dependents.
b. Exemption from requirements for work permits, as provided in this Supplementary Agreement, Article 10, paragraph 1.
c. Exemption from customs and taxes on the import of their household goods in accordance with Article 17 of this Supplementary Agreement.
d. Recognition of driving licenses provided in this Supplementary Agreement, Article 27. This shall equally extend to their dependents.
e. Permission to support and take part in Allied Headquarters' Morale and Welfare Activities. This shall equally extend to their dependents.
f. Access to educational services in accordance with Article 31 and welfare of dependents in accordance with Article 32.
4. Contractor employees are not exempt from taxes on income earned from their employment in an Allied Headquarters by virtue of this Supplementary Agreement. Accordingly, taxation of such income shall be determined by applicable international agreements and the laws and regulations of the Republic of Latvia. With respect to social contributions contractor employees shall be exempt of the State Social Insurance Contributions of the Republic of Latvia after producing written proof of affiliation to a valid social security scheme.
5. Subject to paragraph 4 above, the Republic of Latvia shall determine whether employees of contractors and their dependents are considered to be domiciliaries or ordinary residents of the Republic of Latvia.
6. An Allied Headquarters shall inform the Republic of Latvia of the contractors and contractor employees, who shall enjoy the status, set out above, and of the termination of contracts with contractors, withdrawal of contractor employees, or of the status afforded by the Allied Headquarters.
7. The Republic of Latvia will furnish contractor employees with the necessary identity cards to facilitate the entitlements and status set out above.
ARTICLE 15
SECURITY CERTIFICATES (NATO PERSONNEL SECURITY CLEARANCE)
All civilian personnel referred to in this Supplementary Agreement, Article 13, as well as contractor employees, technical experts, and specialists referred to in this Supplementary Agreement, Article 14, shall, regardless of their nationality, possess a NATO Personnel Security Clearance in accordance with NATO regulations and policies. The NATO Personnel Security Clearance for the nationals of the Republic of Latvia shall be provided by the Republic of Latvia.
ARTICLE 16
BANKING AND CURRENCY
1. Subsequent to the Agreement, Article XIV, and the Protocol, Article 12, an Allied Headquarters may open and hold bank accounts and postal accounts, and hold and operate accounts in currencies of any kind. Such accounts shall be exempt from the Latvian currency regulations and from any national emergency measures, laws or regulations against bank or postal accounts, and accounts held by Allied Headquarters which are afforded international financing in accordance with C-M (69)22 shall be guaranteed by the Republic of Latvia in its entirety. Equally, an Allied Headquarters may hold money and currency of all kinds and without any restrictions on conversions. An Allied Headquarters which is afforded international funding in accordance with C-M (69)22, and any accounts held by it, shall furthermore be subject to the procedures set out in NATO Financial Regulations, the management and control of the relevant Financial Controller and to audits performed by the auditor appointed for the Allied Headquarters and NATO International Board of Auditors.
2. There shall be no restrictions on the access of members and dependents to open and hold bank accounts and postal accounts in the Republic of Latvia. While the personal bank and postal accounts of members and their dependents are normally subject to the appropriate regulations governing such accounts, however, members, who are not nationals or ordinarily residents of the Republic of Latvia, and their dependents shaII be allowed unlimited transfers of funds to and from accounts in the Republic of Latvia. The Republic of Latvia may request that the amounts and account information be certified by the sending State.
ARTICLE 17
FISCAL IMMUNITIES AND ENTITLEMENTS
1. The Republic of Latvia shall not derive revenue from the activities, or property of an Allied Headquarters. Pursuant to the Protocol, Article 8, and to the Agreement, Article XI, the Allied Headquarters shall enjoy exemption in the Republic of Latvia from all taxes, duties, fees, and charges. The exemptions are detailed in this Article and may be subject to further detailed implementation through mutual arrangements. The exemption does not extend to national support units of the Republic of Latvia except as envisaged in this Article and acting on behalf of or as a part of an Allied Headquarters.
2. An Allied Headquarters shall be exempt from taxes, duties, fees, and charges related to licenses or permits, irrespective of the level at which they may be levied on all its official activities, to include but not limited to:
a. The importation into and re-exportation from the Republic of Latvia of any goods as well as any other property or services, obtained under a commercial contract concluded outside the Republic of Latvia.
b. The acquisition of goods, other property, as well as services in the Republic of Latvia, including refurbishment and construction of buildings within and outside an Allied Headquarters premises in support of its functions.
c. The exportation from the Republic of Latvia by an Allied Headquarters of goods, other property, as well as services, acquisitioned in the Republic of Latvia in accordance with paragraph b. above.
d. Any turnover, funds, or income allocated or returned through the official activities of an Allied Headquarters be it as fees, charges, or donations, or interest generated on funds held by it.
e. The purchasing, ownership and operation of its official vehicles and trailers, including their use of public roads, bridges, tunnels, ferries, and similar infrastructure.
f. Except for amounts which are no more than charges for services rendered, an Allied Headquarters shall be exempt from taxes, duties, fees, charges, and tolls in the Republic of Latvia on:
(1) Fuels and lubricants for the use of aircraft, vessels, or any other vehicles and trailers owned by or operated in support of Allied Headquarters' official activities.
(2) Fuels and lubricants used for heating/cooling systems or power generators in the operation of an Allied Headquarters.
(3) Airline, train and ferry tickets, purchased by an Allied Headquarters for official travels;
(4) Activities covered by environmental regulations and programmes, in particular scrapping and disposal of property, and use of infrastructure.
(5) Use or operation of radio, TV, or other telecommunication devices and equipment procured for military purposes, to include stamp duties and license fees and use of spectrum.
(6) Funds transferred to or by an Allied Headquarters.
g. An Allied Headquarters will not be levied at a higher rate that applied to the Latvian National Armed Forces or to other international organisations for services rendered on:
(1) Use of harbours, airports and airfields.;
(2) Dispatch and receiving of mail and packages from outside or within the Republic of Latvia through its postal services, with the exception of postal charges enforced in accordance with international agreements.
3. The exemptions provided for in the present Article shall also apply to:
a. Import or supply of goods, other property and to services obtained by the Republic of Latvia acting for NATO or the Allied Headquarters specifically.
b. Goods, other property, as well as services, imported or acquired in the Republic of Latvia by or on behalf of an Allied Headquarters for use by commercial entities, whose services are acquired by an Allied Headquarters through a commercial contract performed within or outside the Republic of Latvia.
c. The activities of Allied Headquarters morale and welfare programmes with regard to goods, supplies, other property, as well as services, on the condition that such activities are duly approved by the responsible Allied Headquarters.
4. Canteens, cafeterias, and messes:
a. The tax exemptions granted to Allied Headquarters in the Protocol, Article 8, and above, include import of and purchases in the Republic of Latvia of provisions, equipment, supplies, and other goods and services in reasonable quantities for the operation of canteens, messes and cafeterias, established with the purpose of sales or distribution of such provisions, supplies or services to members and their dependents.
b. Without infringing on the rights of sending States to establish and operate similar facilities in accordance with the Agreement, Article XI, paragraph 4, the Allied Headquarters may operate, either directly or through a concessionaire:
(1) Canteens, understood as shops or exchanges, facilitating the provision of and reselling of tax- and duty-free goods and services to the members as identified in this Article and the Annex and to their dependents;
(2) Cafeterias, understood as dining facilities serving the persons identified in this Article;
(3) Messes, understood as facilities serving light meals, beverages, and promoting socialisation among the persons identified in this Article.
c. An Allied Headquarters shall be exempt from taxes on income deriving from sales and services rendered in their canteens, messes, and cafeterias, or from other morale and welfare activities, whether operated directly or through a concessionaire. The tax exemption enjoyed by the Allied Headquarters does not extend to income or profit earned by a concessionaire and which the concessionaire under the laws and regulations of the Republic of Latvia may be responsible to report for tax purposes.
d. All persons permitted onto the premises of an Allied Headquarters, to include Local Wage Rate personnel, all contracted personnel, and visitors, no matter their nationality, may buy or be provided food and drink items to be consumed in the Allied Headquarters cafeterias or messes, and may purchase Allied Headquarters and exercise and event labelled items for their personal use. This shall not include access to Allied Headquarters canteens.
e. Members and their dependents shall have access to canteens.
f. Purchase of items in canteens, cafeterias and messes may be limited by age restriction or be rationed at the discretion of the Allied Headquarters or due to arrangements with the Republic of Latvia, such as the Annex to this Supplementary Agreement.
g. Rationed items shall not be disposed of by sale, barter, gift or otherwise ceded to any other person.
h. Subject to the specified restrictions on the extent of entitlements in terms of permitted quantities and disposal, and where an Allied Headquarters has not established its own canteens, messes, or cafeterias in the Republic of Latvia, members and their dependents shall be permitted to use the facilities of the nearest Allied Headquarters or of Latvian National Armed Forces in accordance with the limitations set out in this Article. Equally, members and their dependents shall have the right to use such facilities of their national forces, if the latter so agree and subject to the same conditions as laid down in this Article.
5. Members, except such members attached by the Republic of Latvia or employed by an Allied Headquarters and holding the nationality of the Republic of Latvia or being an ordinarily resident of the Republic of Latvia, are entitled members. Entitled members and their dependents shall, in addition to the entitlements in the Protocol, Article 8, paragraphs 2 and 3; the Agreement Article XI, paragraphs 4, 5, and 6; and in the paragraphs above; enjoy the rights provided below, which may be subject to further implementation by mutual arrangements:
a. Import and purchase of personal effects and furniture as in accordance with the Annex to this Supplementary Agreement.
b. Import and purchase of privately owned motor vehicles as defined in the Annex to this Supplementary Agreement. The motor vehicles may be replaced by further imports or purchases in the Republic of Latvia free of duties and taxes if disposed of in accordance with paragraph 8 below.
c. Exemption from stamp duties, and license fees on any personally owned radio, TV and other telecommunication devices.
6. Taxation on income and moveable property of members shall be as laid down in the Agreement, Article X, paragraphs 1 and 2, and the Protocol, Article 7, and shall include, inter alia, exemptions for entitled members from annual circulation and road taxes and fees in the Republic of Latvia.
7. In addition to the right to export and re-export, and without prejudice to the Protocol, Article 9, and to the right of an Allied Headquarters to resell items in canteens, messes, and cafeterias, an Allied Headquarters shall have the right to dispose of equipment, surplus, and scrap. Acknowledging that the Republic of Latvia shall have the right to first purchase, items may otherwise be disposed of:
a. By sale to individuals or to commercial enterprises, which are duly authorised to trade in the Republic of Latvia on the condition that taxes and duties of the Republic of Latvia, based on market-value at the time of disposal, are paid;
b. Without payment of duties or taxes due to destruction, theft or damage on the condition that the circumstances and disposal is certified by the authorities of the Republic of Latvia on an authorised scrapping form, customs or other appropriate document;
c. Without payment of duties or taxes, to entities, charities, and similar organisations, on the condition that they are exempt from taxes of the Republic of Latvia on the donated items.
8. With the limitations stated in paragraphs 4.f and g, above, items imported or purchased free of duties, taxes, fees and charges by the members and their dependents, under the provisions of this Article, shall not be disposed of in the Republic of Latvia by sale, barter or gift, except for:
a. Export or re-export by the person enjoying the privilege;
b. Disposal between persons enjoying the same privileges;
c. Low value hospitality gifts;
d. Donations to entities, charities, and similar organisations, on the condition that they are exempt from taxes of the Republic of Latvia on the donated items;
e. Disposal by way of destruction, theft or damage, on the condition that the circumstances and disposal is certified by the concerned authorities of the Republic of Latvia, on an authorised scrapping form, customs, or other appropriate documents;
f. When the required the Republic of Latvia duties and/or taxes, based on market-value at the time of disposal, have been paid.
9. The entitlements stated above are afforded to the Allied Headquarters in support of its mission, and the members and their dependents shall not derive any individual rights from this Supplementary Agreement in this regard. The administration of the entitlements shall be subject to the laws and regulations of the Republic of Latvia, and to the management of the Allied Headquarters, which:
a. Shall take the appropriate measures, within the scope of its authority, to oversee the correct application of the rules and regulations on relief from taxes and duties and to prevent abuse;
b. May request the Republic of Latvia to assist in legally pursuing any abuse;
c. Shall request all members and their dependents to sign a statement on their arrival in an Allied Headquarters acknowledging the restrictions set out in this Article;
d. Pursuant to the Agreement, Article XII, paragraph 1, and the Protocol, Article 4, may conclude mutual arrangements with the Republic of Latvia on the accounting and management of the entitlements described in this Article.
10. For the purposes of verifying the status of an Allied Headquarters and entitled members under this Supplementary Agreement with regard to forms required to accomplish tax and duty-free purchases in States other than the Republic of Latvia as well as import, export and re-export of goods, the Republic of Latvia shall appoint an authority to verify forms submitted by or through an Allied Headquarters.
11. An Allied Headquarters shall provide the designated authority in the Republic of Latvia with a list of persons upholding entitlements under this Supplementary Agreement. For the sake of accurateness, such lists shall be provided monthly.
12. Exemption shall be granted for any taxes or fees which may be applied in the Republic of Latvia after this Supplementary Agreement is signed.
13. The provisions of the present Article shall not supersede procedures regarding funding of NATO infrastructure projects and implementation of Capability Packages, nor is it the intent to limit or supersede such entitlements granted to a single State or to international and non-governmental organisations, and international tribunals by the Republic of Latvia.
14. Nothing in this Article shall be understood to limit or otherwise prejudice the procedures and rights granted to the Republic of Latvia under the Agreement, in particular Article IX, paragraph 2, Article XI, paragraph 1, and Article XII, paragraph 2.
ARTICLE 18
PROTECTION OF THE ENVIRONMENT, HEALTH, AND SAFETY
1. Without prejudice to the Agreement, Article II, and acknowledging exemptions provided in this Supplementary Agreement, the laws and regulations of the Republic of Latvia regarding protection of the environment shall, in the same manner they are applicable to the Latvian National Armed Forces, serve as the minimum standard for an Allied Headquarters, just as all relevant NATO Standardisation Agreements and guidance shall be applied.
2. The Allied Headquarters shall, with the assistance of the Republic of Latvia envisaged in paragraph 6 below, analyse the compatibility of Allied Headquarters activities with environmental laws and regulations of the Republic of Latvia. Such considerations shall include, but shall not be limited to, identification and assessment of potential environmental impacts and effects, in order to minimise the possible adverse environmental effects and, where detrimental effects are unavoidable, to take appropriate remedial measures. In this regard, special attention shall be paid to activities regarding use and storage of fuels, lubricants and ammunitions, as well as emissions of gases, levels of noise, areas for training and exercises, and disposal of all kinds of refuse.
3. Transportation of munitions, heavy goods and hazardous materials shall be in accordance with the standards and regulations applicable to the Latvian National Armed Forces and shall take due account of international agreements in force in the Republic of Latvia as well as relevant NATO Standardisation Agreements and guidance.
4. For construction and engineering works undertaken by an Allied Headquarters, the concerned Headquarters shall as a minimum set environmental, construction and engineering (to include health and safety) standards comparable to the standards, rules and regulations applicable to the Latvian National Armed Forces. Without prejudice to the obligations relating to the employment of a local workforce under the Agreement, Article IX, paragraph 4, an Allied Headquarters shall endeavour to comply with occupational health and safety regulations of the Republic of Latvia to the extent possible, and, where this is legally, operationally, or otherwise technically impossible, the Latvian authorities and the Allied Headquarters shall, without delay, agree on other means to achieve the desired protections.
5. The importation of goods, supplies and provisions shall be subject to the health regulations of the Republic of Latvia, except for those imports which are to be used exclusively by an Allied Headquarters and within its premises, or which are imported for distribution by the canteens, messes, and cafeterias established on its premises.
6. The appropriate authorities of the Republic of Latvia shall provide assistance to examine the compatibility of Allied Headquarters activities with environmental laws and regulations of the Republic of Latvia as well as guidance and information on the regulations, standards, etc. mentioned above, and shall advise an Allied Headquarters when standards of the Republic of Latvia exceed those established by the applicable international conventions. The standards of the Republic of Latvia referred to above shall be provided to an Allied Headquarters by the concerned authorities of the Republic of Latvia in the English language.
7. All environmental duties, taxes, fees, and charges shall be resolved as laid down by Article 17 of this Supplementary Agreement.
ARTICLE 19
PUBLIC HYGIENE
1. An Allied Headquarters shall, with the support of the Republic of Latvia, apply the laws and regulations of the Republic of Latvia for the prevention and control of infectious diseases in humans, animals and plants and for prevention of control of plant pests.
2. The Republic of Latvia shall provide means and assistance in case of emergency situations involving local, national or international infectious diseases. An Allied Headquarters shall provide access to their facilities in accordance with Article 5 of this Supplementary Agreement.
3. An Allied Headquarters and the authorities of the Republic of Latvia shall promptly inform each other of the outbreak or suspected outbreak, transmission and elimination of any severe epidemic infectious diseases and of the measures taken.
4. lf an Allied Headquarters deems it necessary to take health protection measures within the facilities and premises made available for its use, it shall coordinate the execution of such means with the concerned authorities of the Republic of Latvia.
5. The laws and regulations of the Republic of Latvia referred to above and any related information shall be provided to an Allied Headquarters by the concerned authorities of the Republic of Latvia in the English language as set out in Article 33 of this Supplementary Agreement.
ARTICLE 20
EVACUATION OF MEMBERS AND DEPENDENTS
Subject to separate arrangements with the sending States in question, the States having attached members to an Allied Headquarters shall, in case of emergency situations, be granted access to the Republic of Latvia for the purpose of evacuating their personnel and dependents. The Republic of Latvia and an Allied Headquarters shall coordinate adequate procedures to ensure prompt evacuation of members and their dependents not subject to evacuation by a sending State.
ARTICLE 21
CORRESPONDENCE AND COMMUNICATION
1. For the purposes of official communications and correspondence, an Allied Headquarters shall have unrestricted access to fixed line, mobile as well as satellite phone systems, internet services, telecommunication and any other information and communication services, to include radio and TV land and satellite services, and postal services in the Republic of Latvia, irrespective of whether the service is operated commercially or publicly.
2. An Allied Headquarters shall, as a minimum, have access to the military communication, courier and postal services on terms and conditions comparable to those enjoyed by the Latvian National Armed Forces.
3. An Allied Headquarters and, in accordance with North Atlantic Council approved policy, NATO Standardisation Agreement 2109 and subsequent agreements, a Party to the North Atlantic Treaty may establish and operate, at their own expense, fixed line, mobile as well as satellite phone systems, internet services, postal and courier services, and any other communication and information system services in the Republic of Latvia for the official and private use of the Allied Headquarters and its members.
4. An Allied Headquarters shall be allowed to establish, operate and use classified and unclassified networks, systems and means of secure and cipher communication in the Republic of Latvia, as well as to conduct monitoring of those systems for security reasons and other authorised purposes.
5. As provided in the Agreement, Article XI, paragraph 3, any mail or communication of an Allied Headquarters marked or otherwise declared as official shall not be subject to any restrictions, inspection, censorship, delay, or other control by the authorities of the Republic of Latvia, unless the Allied Headquarters waived this immunity.
6. An Allied Headquarters shall be entitled to send and receive official correspondence and packages by courier or in sealed bags, and shall enjoy the immunities and privileges accorded to diplomatic couriers and bags.
7. Official correspondence and packages of a sending State, represented at the Allied Headquarters, may be sent through diplomatic channels or military postal service channels, where such are available, without any restrictions, inspection, censorship, delay, or other control applicable by the Republic of Latvia.
ARTICLE 22
TELECOMMUNICATION
1. Subject to further arrangements with the appropriate authorities of the Republic of Latvia regarding locations and technical details of equipment, an Allied Headquarters may import, establish, access, operate and maintain, on either a temporary or non-temporary basis, inside or outside the premises occupied by it, such telecommunications facilities and military radio stations as may be required for its official activities, military training and exercises, emergencies or for morale and welfare purposes.
2. The Republic of Latvia shall remain responsible and liable for spectrum management. Frequencies to be used by an Allied Headquarters, together with their parameters, shall be established by an Allied Headquarters and the Latvian authorities responsible for spectrum management in accordance with the procedures set up by the appropriate NATO authority. An Allied Headquarters and the Republic of Latvia shall take all necessary measures to avoid and eliminate harmful interference with each other and with civilian telecommunication services and electrical power facilities. Subject to prior coordination with the appropriate authorities of the Republic of Latvia an Allied Headquarters may employ necessary security measures to protect Allied Headquarters communications in the Republic of Latvia for reasons of security and force protection.
3. Telecommunication facilities and military radio stations shall be used exclusively for official purposes in accordance with the paragraph above.
4. The Republic of Latvia shall exempt Allied Headquarters from any and all frequency spectrum pricing.
5. Applications regarding wire telephone and telegraph/data systems and circuits shall be submitted in accordance with the procedures established by the correspondent NATO authority.
6. The criteria, regulations and rates for work and services of the telecommunications operators and regulators shall not be less favourable than those applied to the Latvian National Armed Forces.
7. In establishing and operating telecommunications facilities, an Allied Headquarters shall apply the provisions approved by the International Telecommunications Union and any other international or regional telecommunications regulations binding upon the Republic of Latvia, as well as telecommunications laws and regulations of the Republic of Latvia. An Allied Headquarters shall be exempt from this provision to the extent that such exemption is granted to the Latvian National Armed Forces.
8. All Allied Headquarters shall be entitled to send and receive messages and data in cipher.
ARTICLE 23
POLICING ON AND OFF PREMISES
1. In accordance with the Agreement, Article VII, paragraph 10, and the Protocol, Article 4, paragraph b., an Allied Headquarters shall have the right to police any premises occupied by it. The security staff of an Allied Headquarters may take all appropriate measures to ensure the maintenance of order, discipline and security on such premises. The Republic of Latvia shall render assistance by the appropriate police authorities to the Head of an Allied Headquarters or the designated representative, when so requested.
2. The exercise of the police powers for events outside an Allied Headquarters shall be the responsibility of the authorities of the Republic of Latvia. Outside an Allied Headquarters premises, the Allied Headquarters international security staffs shall only be employed in the circumstances and under the conditions specified in the Agreement.
3. Subsequent to the Agreement, Article VII, paragraph 5 (b), and the Protocol, Article 4, the Head of an Allied Headquarters or designated representative shall be promptly notified of the arrest or other detention of any member or their dependents.
4. Writs, fines, and summons issued against members may be served through the Head of an Allied Headquarters to which they are attached.
ARTICLE 24
SECURITY AND FORCE PROTECTION
1. In accordance with NATO Security Policy and NATO Force Protection Policy, the Republic of Latvia is responsible for all aspects of force protection, including risk assessment, planning, provision and implementation, to national standards of the Republic of Latvia for an equivalent entity (headquarters, individual, group, etc.), in the following scenarios:
a. Perimeter protection of an Allied Headquarters;
b. Protection of meetings organised by an Allied Headquarters, but held outside of the premises of that Allied Headquarters;
c. Protection of VIPs, either based within the Allied Headquarters or visiting the Allied Headquarters, or otherwise taking part in events organised by an Allied Headquarters.
2. The Republic of Latvia and an Allied Headquarters shall exchange information concerning both force protection and security threats.
3. An Allied Headquarters shall not conduct security or force protection activities outside the Allied Headquarters' premises, except in accordance with arrangements concluded with the appropriate authorities of the Republic of Latvia.
ARTICLE 25
ARMS
1. Pursuant to the Agreement, Article VI, an Allied Headquarters shall make arrangements with the appropriate authorities of the Republic of Latvia regarding the transportation and storage of arms and ammunition. In line with such arrangements, an Allied Headquarters shall promulgate internal regulations, taking due account of regulations in force in both the sending State and the Republic of Latvia concerning the possession, safekeeping, and transportation of military arms and ammunition, to ensure that no member shall gain possession or carry arms unless authorised to do so.
2. The laws and regulations of the Republic of Latvia shall apply to the possession, safekeeping, disposal and carrying of privately owned arms and ammunition.
ARTICLE 26
TRAFFIC REGULATIONS AND MOTOR VEHICLES
1. With the exception of exemptions provided in this Supplementary Agreement, traffic laws and regulations of the Republic of Latvia shall apply to the operation of official motor vehicles and trailers of an Allied Headquarters and to the operation of privately owned motor vehicles, trailers, and water craft of its members and their dependents, regardless of type.
2. Allied Headquarters official motor vehicles and trailers, regardless of their type shall be afforded the same exemptions from traffic laws and regulations of the Republic of Latvia as are afforded to the Latvian National Armed Forces.
3. If considered necessary by the Allied Headquarters, and paying due regard to public safety and order, and protection of the environment, the Republic of Latvia shall, in respect of official motor vehicles and trailers of an Allied Headquarters, grant exemptions from the Republic of Latvia regulations concerning the specifications on construction, design and equipment of such motor vehicles and trailers, regardless of their type.
4. Privately owned motor vehicles of any type and trailers temporarily imported in accordance with the Agreement, Article XI, paragraph 6, and the Protocol, Article 8, paragraph 3, shall for the period of such importation, be subject only to the minimum construction, design and equipment regulations applicable to tourist motor vehicles and trailers in the Republic of Latvia, taking at the same time due account of public safety and order.
5. With regard to the certification of the motor vehicle technical standards stated above for all types of official and privately owned motor vehicles and trailers, an Allied Headquarters may use technical inspections stations operated by the Latvian National Armed Forces or, subject to a separate arrangement, establish its own technical inspection stations. In latter case, the Republic of Latvia shall provide all necessary basic machinery and make the operators available as well as issue the necessary technical inspection certificates at a rate not higher than that provided for the Latvian National Armed Forces
ARTICLE 27
DRIVING LICENCES
1. The provisions of the Agreement, Article IV, shall apply to all members and shall extend to their dependents, on the condition that the dependent satisfies the driving age requirements in the Republic of Latvia. Upon request of the Republic of Latvia, the concerned Allied Headquarters shall provide an endorsement to confirm that an individual is an Allied Headquarters member or dependent.
2. Whilst in the Republic of Latvia, members and dependents, who satisfy the age requirement of the Republic of Latvia shall be permitted to obtain a driving license after complying with the appropriate laws and regulations of the Republic of Latvia.
3. Subject to further arrangements, the Republic of Latvia shall assist an Allied Headquarters in establishing and accrediting driver's instructions, testing, and licenses in the Republic of Latvia.
ARTICLE 28
REGISTRATION PLATES
1. The Republic of Latvia shall register motor vehicles and issue registration plates for the official motor vehicles and trailers of an Allied Headquarters and of the members' and their dependents' privately owned motor vehicles and trailers, regardless of their type, in accordance with the terms set out in this Supplementary Agreement.
2. Without prejudice to paragraph 1, or the Agreement, Article XI, an Allied Headquarters shall, subject to further arrangements with the Republic of Latvia, be entitled to perform the registration of its official motor vehicles and trailers, regardless of their type, taking due account of the following:
a. Subject to further arrangements, motor vehicle registration information shall be fed into national registration system of the Republic of Latvia and registration plates shall be issued accordingly. The competent authorities of the Republic of Latvia in cooperation with the Ministry of Foreign Affairs shall facilitate this process by providing the necessary equipment and/or access to appropriate systems and locations.
b. An Allied Headquarters shall upon request inform customs and traffic authorities of the Republic of Latvia of all data related to import, customs clearance, and registration of official motor vehicles and trailers.
3. If a Supreme Headquarters deems it essential for security reasons and as a force protection measure, the competent authorities of the Republic of Latvia in cooperation with the Ministry of Foreign Affairs shall issue cover registration plates to official motor vehicles and trailers, and privately owned motor vehicles and trailers, as requested by an Allied Headquarters. This shall not be understood as a voluntary waiver of entitlements and immunities set up in Articles 7 and 17 of this Supplementary Agreement.
4. Registration and registration plates of the official motor vehicles and trailers shall be provided under the same conditions as what applies to comparable vehicle and trailers of the Latvian National Armed Forces. The Republic of Latvia registration of an issuance of registration plates for privately owned motor vehicles and trailers and cover plates shall be provided at actual cost.
5. Nothing in this Article shall be understood to contradict or impede the rights afforded to an Allied Headquarters under the Protocol, Articles 4, 8, and 13, or to a sending State under the Agreement, Article XI, to temporarily import and re-export service vehicles on the conditions and subject to the documentation stipulated in the Agreement.
ARTICLE 29
MILITARY CLUBS, TRAVEL CONCESSIONS, AND SPORT FACILITIES
The Republic of Latvia shall grant members and dependents access to military amenities and clubs, travel concessions and discounts, and sport facilities at the same costs and rates as those available to members of the Latvian National Armed Forces and their dependents.
ARTICLE 30
MEDICAL AND DENTAL SERVICES
Pursuant to the Agreement, Article IX, paragraph 5, the Republic of Latvia shall permit members and their dependents to receive medical and dental care, including hospitalisation, on terms established or to be agreed between the Republic of Latvia and the Allied Headquarters or the sending States, as appropriate. The Republic of Latvia shall take all necessary measures to ensure that procedural provisions exist to prevent delay or denial of such care by reason of lack of the personal or identification number of the Republic of Latvia, registration or other proof of status normally used by the nationals of the Republic of Latvia.
ARTICLE 31
EDUCATIONAL SERVICES
1. Members and their dependents shall be granted access to education and kindergartens, including Latvian language instruction, provided by the authorities of the Republic of Latvia (including regional, municipal authorities and the like), under the same conditions and subject to the same course fees as applicable to comparable nationals of the Republic of Latvia.
2. The Republic of Latvia shall support the establishment of an international school in the vicinity of an Allied Headquarters and shall ensure that such school receives the same facilities and conditions as accorded to the private schools in the Republic of Latvia. This support includes assistance to achieve accreditation of such school by national and international agencies. The details for the establishment of an international school shall be specified in a separate agreement between the Allied Headquarters and the relevant authorities of the Republic of Latvia.
3. An Allied Headquarters in the Republic of Latvia is authorised to set up and operate additional international schools, just as sending State national units' schools may be set up by the Allied Headquarters and/or sending State national units under conditions and procedures to be subsequently established. Such schools shall have their own rules and regulations concerning all operational and administrative procedures, to include but not limited to curriculum and teacher qualifications. Such school shall be eligible for applying for support and facilities in accordance with paragraph 2 above.
4. The Republic of Latvia shall recognise, validate, and certify diplomas issued by schools referred to in paragraphs 2 and 3 above, and shall permit transfer or transition to all education systems of the Republic of Latvia, from elementary through high-school/gymnasium to higher education/university.
ARTICLE 32
WELFARE SERVICES
1. Morale and Welfare programmes established by the Allied Headquarters in accordance with NATO regulations, and by sending State National Support Units, are authorised to engage the Allied Headquarters´ members and dependents in support of such programmes subject to reimbursement of their associated costs and against honorarium. Such engagement does not amount to or correspond to employment, and the engagement shall, irrespective of nationality of the persons so engaged, not be subject to the laws and regulations of the Republic of Latvia relative to labour, employment, social contributions etc., and the reimbursements and / or honorarium shall be exempt from any taxation in the Republic of Latvia.
2. In case a member dies or leaves the Republic of Latvia permanently, the dependents of such a member shall continue to be considered as dependents under this Supplementary Agreement for a period of up to ninety (90) days after such death or transfer, on the condition that the dependents are present in the Republic of Latvia. Upon request of an Allied Headquarters, the Republic of Latvia will give sympathetic consideration to extend the ninety (90) days up to one (1) year, in order to enable dependents to complete a school year or due to other compelling circumstances, to be determined on a case-by-case basis. This paragraph shall not apply in case the laws and regulations of the Republic of Latvia provide a more favourable position in which case dependents may decide to change their status accordingly and remain in the Republic of Latvia under the corresponding laws and regulations and outside the application of this Supplementary Agreement.
3. Should education and social services of the Republic of Latvia become involved in cases regarding members or dependents without prior request of their sending State, the involved National Support Unit(s) or Allied Headquarters, as appropriate, shall be informed.
ARTICLE 33
IMPLEMENTATION AND DISPUTE SETTLEMENT
1. The Parties agree to take the required measures to facilitate the implementation and execution of this Supplementary Agreement.
2. The Parties recognise that NATO official languages are the English and French languages, communications and arrangements exchanged or concluded subsequent to this Supplementary Agreement shall normally be conducted in the English language.
3. Any disputes or issues arising out of the execution of this Supplementary Agreement between an Allied Headquarters and the Republic of Latvia shall be settled by negotiations and without recourse to any legal or administrative proceedings. The Parties agree to jointly resolve any differences between them relating to the interpretation or application of this Supplementary Agreement; disputes which cannot be settled through negotiations shall be resolved as envisaged in the Protocol, Article 15, and without recourse to any outside legal or administrative proceedings or jurisdiction.
ARTICLE 34
ENTRY INTO FORCE
This Supplementary Agreement shall enter into force the day following the date of receipt of the last of the notifications, in writing through diplomatic channels, conveying the completion of the internal procedures of each Party required for that purpose. It shall, however, be applied provisionally as from the date of its signing.
ARTICLE 35
AMENDMENTS
1. This Supplementary Agreement may be amended by request of any of the Parties.
2. The amendments shall enter into force in accordance with the terms specified in Article 34 of this Supplementary Agreement.
ARTICLE 36
DURATION AND TERMINATION
1. Following the expiration of an initial period of two (2) years, this Supplementary Agreement shall remain in force for an indefinite period of time.
2. Following the expiration of the initial period of two (2) years, either Party may, at any time, terminate this Supplementary Agreement upon a prior notification in written and through diplomatic channels.
3. This Supplementary Agreement shall terminate one (1) year after the receipt of such notification. However, the Parties may subject to specific circumstances and by mutual consent agree to extend this Supplementary Agreement for an additional period of one (1) year.
4. This Supplementary Agreement shall remain in force irrespective of the permanent presence of an Allied Headquarters in the territory of the Republic of Latvia.
5. Without prejudice to the Agreement, Article XV, and the Protocol, Article 16, and subject to the provisions of paragraph 6 below, this Supplementary Agreement shall remain in force in case of hostilities to which the North Atlantic Treaty applies. However, the provisions relating to the location and personnel strength of an Allied Headquarters shall, in the event of such hostilities, immediately be the subject of examination by the appropriate Supreme Headquarters and the Republic of Latvia so that any desirable changes may be made in the application of this Supplementary Agreement. Moreover, Article 3, paragraph 2, of this Supplementary Agreement shall not apply to relocations determined necessary by the Republic of Latvia under such circumstances.
6. In the event of hostilities as defined above, each Party shall be entitled, after 60 days' notice to the other Parties, to suspend the application of any provision, except Article 33, of this Supplementary Agreement in so far as it may be necessary. lf this right is exercised, the Parties shall forthwith consult one another so that arrangements may be reached on the proper provisions to replace those in respect of which application has been suspended.
IN WITNESS WHEREOF the undersigned, duly authorised thereto have signed this Supplementary Agreement
Done
In three copies, in the English language.
For the Republic of Latvia
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For the Supreme Headquarters Allied Powers Europe
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For Headquarters, Supreme Allied Commander Transformation
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ANNEX TO AGREEMENT BETWEEN THE REPUBLIC OF LATVIA AND THE SUPREME HEADQUARTERS ALLIED POWERS EUROPE AND HEADQUARTERS, SUPREME ALLIED COMMANDER TRANSFORMATION TO SUPPLEMENT THE PARIS PROTOCOL
1. Subject to the control, use and disposal set forth in this Supplementary Agreement and without prejudice to the privileges granted under the Paris Protocol, Article 8, paragraphs 2 and 3, and the Agreement, in particular Article XI, paragraphs 5 and 6, entitled members and their dependents enjoy the following entitlements in implementation of Article 17, Fiscal Entitlements:
a. In accordance with the purposes stated in the Agreement, Article XI, paragraphs 5 and 6, importation of personal effects, furniture, and privately owned motor vehicles etc. as follows:
(1) Personal effects and furniture: During the six months subsequent to their arrival, or if they arrive unaccompanied, the six months subsequent to the arrival of their last dependent(s), entitled members and their dependents may import their personal effects and furniture free of duties and taxes for their personal use for the term of such service. After the expiration of the six-month period, they may also import duty or tax-free a supplementary shipment of personal effects and furniture. In any case and at any time, entitled members may replace, by means of import free of taxes and duties, lost or destroyed personal effects or furniture that was previously imported duty or tax-free. Such items, to include other personal effects acquired during the period of NATO service, may also be re-exported duty and tax-free.
(2) Privately owned motor vehicles (to include motor cycles, caravans): Entitled members may for the term of their service import their private motor vehicles for the personal use of themselves and their dependents, regardless their type, free of duties and taxes. The definition of motor cycles will follow the laws and regulations of the Republic of Latvia.
(3) Recreational crafts (as defined as such under laws and regulations of the Republic of Latvia), trailers, and recreation and camper vans: Entitled members may for the term of their service import their private recreation and camper vans, regardless their type, free of duties and taxes, as part of their personal effects and furniture and for the personal use of themselves and their dependents.
(4) Receiving parcels from their sending State through the postal systems of the sending State, the Allied Headquarters or the Republic of Latvia free of all duties and taxes provided the contents are for the personal use of themselves and their dependents. This does not interfere with any bilateral agreement between the Republic of Latvia and other States regarding operation of postal systems.
b. Entitled members and their dependents may purchase the items identified below in the Republic of Latvia free of taxes and duties. The taxes and duties of the Republic of Latvia on such purchases shall be either waived or reimbursed in a procedure to be established by the Republic of Latvia:
(1) Personal effects for their personal use in their daily household. A detailed list of effects shall be established between the Supreme Headquarters and the Ministry of Defence of the Republic of Latvia.
(2) Privately owned motor vehicles: One privately owned motor vehicle per person in the household above the driving age in the Republic of Latvia at any one time.
(3) Recreation and camper vans: One recreation or camper van per entitled member at any one time.
(4) Caravans: One caravan per entitled member at any one time.
(5) Trailers: One trailer per entitled member at any one time.
(6) Motor cycles (as defined in the laws and regulations of the Republic of Latvia): One motor cycle per person in the household above the driving age in the Republic of Latvia at any one time.
(7) Recreational crafts (as defined in the laws and regulations of the Republic of Latvia): One recreational craft per entitled member at any one time.
2. Rationed items may be purchased by members and their dependents in Allied Headquarters' canteens in amounts to be agreed between the Allied Headquarters and the Ministry of Defence of the Republic of Latvia.
3. Petrol and other fuels. Members and their dependents enjoy tax exemptions on petrol and fuels for privately owned motor vehicles and motor cycles is limited to 250 liters per month, depending on the engine size of the registered motor vehicle or motor cycle, and the distance between home / work of the member.
4. Tax exemptions on importation or purchase of privately owned motor vehicles, recreation and camper vans, caravans, trailers, motor cycles, and pleasure boats are granted up to three (3) months before an entitled member enters the Republic of Latvia. Such exemptions shall only be permitted during the last six month of a planned tour of duty with the motivated endorsement of the sending State or Allied Headquarters, as appropriate.
5. An Allied Headquarters shall provide internal regulations with regard to the administration of purchases made in the Allied Headquarters' canteen for official functions of that Headquarters.
6. Nothing in this Annex is construed to interfere with customs allowances for crossing international borders, and it is an individual responsibility to duly observe and comply with customs regulations in force.
7. The amounts set out above shall be reviewed annually from the date of entry into force of this Supplementary Agreement and adjusted in accordance with the official Consumer Price Index of the Republic of Latvia, and be exchanged separately by the Ministry of Defence of the Republic of Latvia to the Supreme Headquarters.
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