![]() |
Updated: 06-Mar-2001 | NATO the first five years 1949-1954 |
Appendix 6
|
North Atlantic Council Declarations The Parties to the North Atlantic Treaty signed in Washington on 4th April, 1949, CONSIDERING that the forces of one Party may be sent, by arrangement, to serve in the territory of another Party; BEARING in mind that the decision to send them and the conditions under which they will be sent, in so far as such conditions are not laid down by the present Agreement, will continue to be the subject of separate arrangements between the Parties concerned; DESIRING, however, to define the status of such forces while in the territory of another Party; HAVE AGREED as follows: ARTICLE I1. In this Agreement the expression- 2. This Agreement shall apply to the authorities of political sub-divisions of the Contracting Parties, within their territories to which the Agreement applies or extends in accordance with Article XX, as it applies to the central authorities of those Contracting Parties, provided, however, that property owned by political sub-divisions shall not be considered to be property owned by a Contracting Party within the meaning of Article VIII. ARTICLE IIIt is the duty of a force and its civilian component and the members, thereof as well as their dependents to respect the law of the receiving State, and to abstain from any activity inconsistent with the spirit of the present Agreement, and, in particular, from any political activity in the receiving State. It is also the duty of the sending State to take necessary measures to that end. ARTICLE III1. On the conditions specified in paragraph 2 of this
Article and subject to compliance with the formalities established by
the receiving State relating to entry and departure of a force or the
members thereof, such members shall be exempt from passport and visa
regulations and immigration inspection on entering or leaving the territory
of a receiving State. They shall also be exempt from the regulations
of the receiving State on the registration and control of aliens, but
shall not be considered as acquiring any right to permanent residence
or domicile in the territories of the receiving State. 2. The following documents only will be required in respect
of members of a force. They must be presented on demand: 3. Members of a civilian component and dependents shall
be so described in their passports. 4. If a member of a force or of a civilian component leaves
the employ of the sending State and is not repatriated, the authorities
of the sending State shall immediately inform the authorities of the
receiving State, giving such particulars as may be required. The authorities
of the sending State shall similarly inform the authorities of the receiving
State of any member who has absented himself for more than twenty-one
days. 5. If the receiving State has requested the removal from its territory of a member of a force or civilian component or has made an expulsion order against an ex-member of a force or of a civilian component or against a dependent of a member or ex-member, the authorities of the sending State shall be responsible for receiving the person concerned within their own territory or otherwise disposing of him outside the receiving State. This paragraph shall apply only to persons who are not nationals of the receiving State and have entered the receiving State as members of a force or civilian component or for the purpose of becoming such members, and to the dependents of such persons. ARTICLE IVThe receiving State shall either ARTICLE V1. Members of a force shall normally wear uniform. Subject
to any arrangement to the contrary between the authorities of the sending
and receiving States, the wearing of civilian dress shall be on the
same conditions as for members of the forces of the receiving State.
Regularly constituted units or formations of a force shall be in uniform
when crossing a frontier. ARTICLE VIMembers of a force may possess and carry arms, on condition that they are authorised to do so by their orders. The authorities of the sending State shall give sympathetic consideration to requests from the receiving State concerning this matter. ARTICLE VII1. Subject to the provisions of this Article, 2.- (a) The military authorities of the sending State
shall have the right to exercise exclusive jurisdiction over persons
subject to the military law of that State with respect to offences,
including offences relating to its security, punishable by the law of
the sending State, but not by the law of the receiving State. 4. The foregoing provisions of this Article shall not
imply any right for the military authorities of the sending State to
exercise jurisdiction over persons who are nationals of or ordinarily
resident in the receiving State, unless they are members of the force
of the sending State. 5.-(a) The authorities of the receiving and sending States
shall assist each other in the arrest of members of a force or civilian
component or their dependents in the territory of the receiving State
and in handing them over to the authority which is to exercise jurisdiction
in accordance with the above provisions. 6.-(a) The authorities of the receiving and sending States
shall assist each other in the carrying out of all necessary investigations
into offences, and in the collection and production of evidence, including
the seizure and, in proper cases, the handing over of objects connected
with an offence. The handing over of such objects may, however, be made
subject to their return within the time specified by the authority delivering
them. 7.-(a) A death sentence shall not be carried out in the
receiving State by the authorities of the sending State if the legislation
of the receiving State does not provide for such punishment in a similar
case. 8. Where an accused has been tried in accordance with the provisions of this Article by the authorities of one Contracting Party and has been acquitted, or has been convicted and is serving, or has served, his sentence or has been pardoned, he may not be tried again for the same offence within the same territory by the authorities of another Contracting Party. However, nothing in this paragraph shall prevent the military authorities of the sending State from trying a member of its force for any violation of rules of discipline arising from an act or omission -which constituted an offence for which he was tried by the authorities of another Contracting Party. 9. Whenever a member of a force or civilian component
of a dependent is prosecuted under the jurisdiction of a receiving State
he shall be entitled- 10.-(a) Regularly constituted military units or formations
of a force shall have the right to police any camps, establishments
or other premises which they occupy as the result of an agreement with
the receiving State. The military police of the force may take all appropriate
measures to ensure the maintenance of order and security on such premises. 11. Each Contracting Party shall seek such legislation as it deems necessary to ensure the adequate security and protection within its territory of installations, equipment, property, records and official information of other Contracting Parties, and the punishment of persons who may contravene laws enacted for that purpose. ARTICLE VIII1. Each Contracting Party waives all its claims against any other Contracting Party for damage to any property owned by it and used by its land, sea or air armed services, if such damage- (i) was caused by a member or an employee of the armed services of the other Contracting Party in the execution of his duties in connexion with the operation of the North Atlantic Treaty; or (ii) arose from the use of any vehicle, vessel or aircraft owned by the other Contracting Party and used by its armed services, provided either that the vehicle, vessel or aircraft causing the damage was being used in connexion with the operation of the North Atlantic Treaty, or that the damage was caused to property being so used. Claims for maritime salvage by one Contracting Party against any other Contracting Party shall be waived, provided that the vessel or cargo salved was owned by a Contracting Party and being used by its armed services in connexion with the operation of the North Atlantic Treaty. 2.-(a) In the case of damage caused or arising as stated
in paragraph 1 to other property owned by a Contracting Party and located
in its territory, the issue of the liability of any other Contracting
Party shall be determined and the amount of damage shall be assessed,
unless the Contracting Parties concerned agree otherwise, by a sole
arbitrator selected in accordance with sub-paragraph (b) of this paragraph.
The arbitrator shall also decide any counter-claims arising out of the
same incident. Belgium: B.fr. 70,000. Luxembourg: L.fr. 70,000. Canada: $ 1,460. Netherlands: Fl. 5,320. Denmark: Kr. 9,670. Norway: Kr. 10,000. France: F.fr. 490,000. Portugal; Es. 40,250. Iceland: Kr. 22,800. United Kingdom: £ 500. Italy: Li. 850,000. United States: $ 1,400. Any other Contracting Party whose property has been damaged in the same incident shall also waive its claim up to the above amount. In the case of considerable variation in the rates of exchange between these currencies the Contracting Parties shall agree on the appropriate adjustments of these amounts. 3. For the purposes of paragraphs 1 and 2 of this Article the expression 'owned by a Contracting Party' in the case of a vessel includes a vessel on bare boat charter to that Contracting Party or requisitioned by it on bare boat terms or seized by it in prize (except to the extent that the risk of loss or liability is borne by some person other than such Contracting Party). 4. Each Contracting Party waives all its claims against any other Contracting Party for injury or death suffered by any member of its armed services while such member was engaged in the performance of his official duties. 5. Claims (other than contractual claims and those to -which paragraphs 6 or 7 of this Article apply) arising out of acts or omissions of members of a force or civilian component done in the performance of official duty, or out of any other act, omission or occurrence for which a force or civilian component is legally responsible, and causing damage in the territory of the receiving State to third parties, other than any of the Contracting Parties, shall be dealt with by the receiving State in accordance with the following provisions :- (a) Claims shall be filed, considered and settled or adjudicated
in accordance with the laws and regulations of the receiving State with
respect to claims arising from the activities of its own armed forces. (f) In cases where the application of the provisions of
sub-paragraphs (b) and (e) of this paragraph would cause a Contracting
Party serious hardship, it may request the North Atlantic Council to
arrange a settlement of a different nature. 6. Claims against members of a force or civilian component arising out of tor-tious acts or omissions in the receiving State not done in the performance of official duty shall be dealt with in the following manner : (a) The authorities of the receiving State shall consider the claim and assess compensation to the claimant in a fair and just manner, taking into account all the circumstances of the case, including the conduct of the injured person, and shall prepare a report on the matter. (b) The report shall be delivered to the authorities of the sending State, who shall then decide without delay whether they will offer an ex gratia payment, and if so, of what amount. © If an offer of ex gratia payment is made, and accepted by the claimant in full satisfaction of his claim, the authorities of the sending State shall make the payment themselves and inform the authorities of the receiving State of their decision and of the sum paid. (d) Nothing is this paragraph shall affect the jurisdiction of the courts of the receiving State to entertain an action against a member of a force or of a civilian component unless and until there has been payment in full satisfaction of the claim. 7. Claims arising out of the unauthorised use of any vehicle of the armed services of a sending State shall be dealt with in accordance with paragraph 6 of this Article, except in so far as the force or civilian component is legally responsible. 8. If a dispute arises as to whether a tortious act or omission of a member of a force or civilian component was done in the performance of official duty or as to whether the use of any vehicle of the armed services of a sending State was unauthorised, the question shall be submitted to an arbitrator appointed in accordance with paragraph 2 (b) of this Article, whose decision on this point shall be final and conclusive. 9. The sending State shall not claim immunity from the jurisdiction of the courts of the receiving State for members of a force or civilian component in respect of the civil jurisdiction of the courts of the receiving State except to the extent provided in paragraph 5 (g) of this Article. 10. The authorities of the sending State and of the receiving State shall cooperate in the procurement of evidence for a fair hearing and disposal of claims in regard to which the Contracting Parties are concerned. ARTICLE IX1. Members of a force or of a civilian component and their
dependents may purchase locally goods necessary for their own consumption,
and such services. as they need, under the same conditions as the nationals
of the receiving State. 2. Goods which are required from local sources for the subsistence of a force or civilian component shall normally be purchased through the authorities which purchase such goods for the armed services of the receiving State. In order to avoid such purchases having any adverse effect on the economy of the receiving State, the competent authorities of that State shall indicate, when necessary, any articles the purchase of which should be restricted or forbidden. 3. Subject to agreements already in force or which may hereafter be made between the authorised representatives of the sending and receiving States, the authorities of the receiving State shall assume sole responsibility for making suitable arrangements to make available to a force or a civilian component the buildings and grounds which it requires, as well as facilities and services connected therewith. These agreements and arrangements shall be, as far as possible, in accordance with the regulations governing the accommodation and billeting of similar personnel of the receiving State. In the absence of a specific contract to the contrary, the laws of the receiving State shall determine the rights and obligations arising out of the occupation or use of the buildings, grounds, facilities or services. 4. Local civilian labour requirements of a force or civilian component shall be satisfied in the same way as the comparable requirements of the receiving State and with the assistance of the authorities of the receiving State through the employment exchanges. The conditions of employment and work, in particular wages, supplementary payments and conditions for the protection of workers, shall be those laid down by the legislation of the receiving State. Such civilian workers employed by a force or civilian component shall not be regarded for any purpose as being members of that force or civilian component. 5. When a force or a civilian component has at the place where it is stationed inadequate medical or dental facilities, its members and their dependents may receive medical and dental care, including hospitalisation, under the same conditions as comparable personnel of the receiving State. 6. The receiving State shall give the most favourable consideration to requests for the grant to members of a force or of a civilian component of travelling facilities and concessions with regard to fares. These facilities and concessions will be the subject of special arrangements to be made between the Governments concerned. 7. Subject to any general or particular financial arrangements between the Contracting Parties, payment in local currency for goods, accommodation and services furnished under paragraphs, 2, 3, 4 and, if necessary, 5 and 6, of this Article shall be made promptly by the authorities of the force. 8. Neither a force, nor a civilian component, nor the members thereof, nor their dependents, shall by reason of this Article enjoy any exemption from taxes or duties relating to purchases and services chargeable under the fiscal regulations of the receiving State. ARTICLE X1. Where the legal incidence of any form of taxation in the receiving State depends upon residence or domicile, periods during which a member of a force or civilian component is in the territory of that State by reason solely of his being a member of such force or civilian component shall not be considered as periods of residence therein, or as creating a change of residence or domicile, for the purposes of such taxation. Members of a force or civilian component shall be exempt from taxation in the receiving State on the salary and emoluments paid to them as such members by the sending State or on any tangible movable property the presence of which in the receiving State is due solely to their temporary presence there. 2. Nothing in this Article shall prevent taxation of a
member of a force or civilian 3. Nothing in this Article shall apply to 'duty' as defined in paragraph 12 of Article XI. 4. For the purposes of this Article the term 'member of a force' shall not include any person who is a national of the receiving State. ARTICLE XI1. Save as provided expressly to the contrary in this Agreement, members of a force and of a civilian component as well as their dependents shall be subject to the laws and regulations administered by the customs authorities of the receiving State. In particular the customs authorities of the receiving State shall have the right, under the general conditions laid down by the laws and regulations of the receiving State, to search members of a force or civilian component and their dependents and to examine their luggage and vehicles, and to seize articles pursuant to such laws and regulations. 2.-(a) The temporary importation and the re-exportation of service vehicles of a force or civilian component under their own power shall be authorised free of duty on presentation of a triptyque in the form shown in the Appendix to this Agreement. (b) The temporary importation of such vehicles not under their own power shall be governed by paragraph 4 of this Article and the re-exportation thereof by paragraph 8. © Service vehicles of a force or civilian component
shall be exempt from any tax payable in respect of the use of vehicles
on the roads. 3. Official documents under official seal shall not be
subject to customs inspection. Couriers, whatever their status, carrying
these documents must be in possession of an individual movement order,
issued in accordance with paragraph 2 (b) of Article III. This movement
order shall show the number of despatches carried and certify that they
contain only official documents. 4. A force may import free of duty the equipment for the force and reasonable quantities of provisions, supplies and other goods for the exclusive use of the force and, in cases where such use is permitted by the receiving State, its civilian component and dependents. This duty-free importation shall be subject to the deposit, at the customs office for the place of entry, together with such customs documents as shall be agreed, of a certificate in a form agreed between the receiving State and the sending State signed by a person authorised by the sending State for that purpose. The designation of the person authorised to sign the certificates as well as specimens of the signatures and stamps to be used, shall be sent to the customs administration of the receiving State. 5. A member of a force or civilian component may, at the time of his first arrival to take up service in the receiving State or at the time of the first arrival of any dependent to join him, import his personal effects and furniture free of duty for the term of such service. 6. Members of a force or civilian component may import temporarily free of duty their private motor vehicles for the personal use of themselves and their dependents. There is no obligation under this Article to grant exemption from taxes payable in respect of the use of roads by private vehicles. 7. Imports made by the authorities of a force other than for the exclusive use of that force and its civilian component, and imports, other than those dealt with in paragraphs 5 and 6 of this Article, effected by members of a force or civilian component are not, by reason of this Article, entitled to any exemption from duty or other conditions. 8. Goods which have been imported duty-free under paragraphs 2 (b), 4, 5 or 6 above- (a) may be re-exported freely, provided that, in the case of goods imported under paragraph 4, a certificate, issued in accordance with that paragraph, is presented, to the customs office: the customs authorities, however, may verify that goods re-exported are as described in the certificate, if any, and have in fact been imported under the conditions of paragraphs 2 (b), 4, 5 or 6 as the case may be; (b) shall not normally be disposed of in the receiving State by way of either sale or gift: however, in particular cases such disposal may be authorised on conditions imposed by the authorities concerned of the receiving State (for instance, on payment of duty and tax and compliance with the requirements of the controls of trade and exchange). 9. Goods purchased in the receiving State shall be exported therefrom only in accordance with the regulations in force in the receiving State. 10. Special arrangements for crossing frontiers shall be granted by the customs authorities to regularly constituted units or formations, provided that the customs authorities concerned have been duly notified in advance. 11. Special arrangements shall be made by the receiving State so that fuel, oil and lubricants for use in service vehicles, aircraft and vessels of a force or civilian component, may be delivered free of all duties and taxes. 12. In paragraphs 1-10 of this Article 'duty' means customs
duties and all other duties and taxes payable on importation or exportation,
as the case may be, except dues and taxes which are no more than charges
for services rendered; 13. The provisions of this Article shall apply to the goods concerned not only when they are imported into or exported from the receiving State but also when they are in transit through the territory of a Contracting Party, and for this purpose the expression 'receiving State' in this Article shall be regarded as including any Contracting Party through whose territory the goods are passing in transit. ARTICLE XII1. The customs or fiscal authorities of the receiving State may, as a condition of the grant of any customs or fiscal exemption or concession provided for in this Agreement, require such conditions to be observed as they may deem necessary to prevent abuse. 2. These authorities may refuse any exemption provided for by this Agreement in respect of the importation into the receiving State of articles grown, produced or manufactured in that State which have been exported therefrom without payment of, or upon repayment of, taxes or duties which would have been chargeable but for such exportation. Goods removed from a customs warehouse shall be deemed to be imported if they were regarded as having been exported by reason of being deposited in the warehouse. ARTICLE XIII1. In order to prevent offences against customs and fiscal laws regulations, the authorities of the receiving and of the sending States shall assist each other in the conduct of enquiries and the collection of evidence. 2. The authorities of a force shall render all assistance within their power to ensure that articles liable to seizure by, or on behalf of, the customs or fiscal authorities of the receiving State are handed to those authorities. 3. The authorities of a force shall render all assistance within their power to ensure the payment of duties, taxes and penalties payable by members of the force of civilian component or their dependents. 4. Service vehicles and articles belonging to a force or to its civilian component, and :i0t to a member of such force or civilian component, seized by the authorities of the receiving State in connexion with an offence against its customs or fiscal laws or regulations shall be handed over to the appropriate authorities of the force concerned. ARTICLE
XIV
|