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Memorandum Of Understanding On The Facilitation Of Vital Civil Cross Border Transport

The States Parties to the North Atlantic Treaty, and the States which accepted the invitation to the Partnership for Peace (PfP) issued and signed by the Heads of State and Government of the Member States of the North Atlantic Treaty Organisation in Brussels on 10 January 1994 and which subscribed to the Partnership for Peace Framework Document, hereinafter referred to individually as Participant and collectively as the Participants:

Mindful of the establishment of the Euro-Atlantic Partnership Council providing the overarching framework for consultations among its members;

Considering that civilian relief personnel and material of one Participant to the present Memorandum of Understanding (Moll) may, by arrangement, be sent to and received in, or transit through the territory of another Participant with regard to civil co-operation, in particular in the fields of coping with the consequences of the use of and/or an accident with Chemical, Biological, Radiological and Nuclear (CBRN) agents, including acts of terrorism, humanitarian assistance and disaster relief;

Bearing in mind that the decision to send and the conditions under which civilian relief personnel performing this civil co-operation, as well as material, will be sent, received and transit, insofar as specific conditions are not laid down by the present MoU, will continue to be the subject of separate arrangements between the Participants concerned;

Considering that members of the Armed Forces and their civilian components are covered by the terms of the Agreement between the Parties to the North Atlantic Treaty Regarding the Status of Their Forces, done in London, 19 June 1951 and 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, done in Brussels, 19 June 1995 as well as the Protocols thereto;

Noting, furthermore, the usefulness of international arrangements and agreements on civil co-operation in the framework of Partnership for Peace,

Desiring to facilitate vital civil transport: have reached the following understanding:

PARAGRAPH 1

Definitions

In this Memorandum the expression:

1. "disaster" means a CBRN event, accidental or other, and natural or technical
catastrophes which require relief;

2. "relief personnel" means, inter alia, civilian individuals, groups of civilian
individuals, teams and constituted units of one Participant that are under its authority and
sent into or through the territory of another Participant for coping with the consequences of
a disaster and recognized by the Participants concerned;

3. "material" means any equipment, means of transport and goods to be used with
regard to civil co-operation in the framework of coping with the consequences of a
disaster, including equipment, vehicles, and items needed for the relief personnel's own
use;

4. "vital civil transport" means transport, including transit, of relief personnel and
material from the sending Participant to the requesting Participant by water, land or air,
which are necessary to meet the vital requirements of the affected population in order to
cope with the consequences of a disaster;

5. "requesting Participant" means the Participant whose competent authorities
request and consent to support from another Participant in the fields of coping with the
consequences of disasters;

6. "sending Participant" means the Participant which provides the relief personnel
and other support requested and consented to by the requesting Participant for coping
with the consequences of a disaster;

7. "transit" means any traversing of the territory of a Participant, including its air
space and territorial waters, by relief personnel and material of the sending Participant
including necessary assistance in the area of support for the units being transported, i.e.
personnel support, health support, resupply, technical support and logistics in order to
cope with the consequences of a disaster.

PARAGRAPH 2

Application

1. The Participants will facilitate vital civil transport in accordance with the
understandings of the present MoU.

2. It is the common understanding that the present MoU does not constitute a legally-
binding agreement. Therefore, it is not qualified for registration under Article 102 of the
Charter of the United Nations.

PARAGRAPH 3

Notification and co-ordination

1. Each Participant will designate (a) national point(s) of contact to facilitate and
co-ordinate vital civil transport and notify them to the other Participants; e.g.: for the
transport of dangerous goods, technical clearances, security escorts, diplomatic
clearances and customs procedures.

2. A Participant, through which the relief personnel and material will transit, will be
notified by the sending Participant without delay, of the intended mode(s) of transport,
proposed border crossing points, routes and other necessary information.

3. The appropriate mode(s) of transport, border crossing points and routes to be
followed will be decided in consultation between the Participants concerned taking into
account known and available national requirements and resources.

4. Should vital civil transport become wholly or partly impossible using the selected
modes of transport, the details of alternative modes will be decided by the Participants.

PARAGRAPH 4

Logistics, alternative modes of transport and priority

1. A requesting Participant will give the vital civil transport of other Participants all the
necessary logistics and administrative facilities.

2. The Participants will grant the same priority for vital civil transport as for national
civil transport in disasters.

3. Participants will ensure the return of relief personnel and material.

4. Even if the national borders of one Participant are closed, either fully or partially,

the Participants will to the extent possible, permit transit for relief personnel and material.

PARAGRAPH 5

Border crossing, stay and customs

1. Subject to compliance with the formalities on entering or leaving the territory of a
Participant, relief personnel will, whenever possible, be exempt from visa regulations and
immigration inspection. Where visa regulations and immigration inspection cannot be
waived, a Participant will expedite the necessary formalities at the appropriate point of
entry. Relief personnel will, whenever possible, be exempt from the regulations of a
Participant, on the registration and control of aliens, and will not be considered as
acquiring any right to permanent residence or domicile in the territory of a Participant.

2. The Participants will, to the extent permitted by applicable legislation, permit entry
of, transit of, and exit of, and grant, if applicable, relief from all customs duties, taxes and
related charges, other than payments for services requested and received.

PARAGRAPH 6

Additional arrangements

The Participants may, if necessary, conclude additional technical/administrative arrangements in order to determine the practical details of the implementation of the present MoU.

PARAGRAPH 7

Principle of territoriality

Relief personnel will respect the laws of the requesting Participant or the Participants providing for the transit, and will abstain from any activity inconsistent with the present MoU. The sending Participant will take necessary measures to that end.

PARAGRAPH 8

Disputes

Disputes concerning the interpretation or application of the present MoU will be settled by diplomatic means.

PARAGRAPH 9 Withdrawal

Any Participant may withdraw from the present MoU by giving written notification of withdrawal to the NATO Secretary General, which will inform all other Participants of each such notification. The withdrawal will take effect three months after receipt of the notification by the other Participants. At the expiration of this period, the present MoU will cease to have effect as regards to the Participant that has withdrawn from it, except for the settlement of outstanding disputes that arose before the day on which the withdrawal takes effect, but it will continue to be applicable for the remaining Participants.

PARAGRAPH 10

Signature and coming into effect

1. The present MoU will be open for signature by any State that is either a Party to
the North Atlantic Treaty, or that has accepted the invitation to the Partnership for Peace
and has subscribed to the Partnership for Peace Framework Document.

2. The present MoU will come into effect for each signatory State on the date of the
signature.

The foregoing represents the understanding established between the Participants on the matters as set out in the present MoU.

The present MoU is done in the English and French languages, both texts being equally authentic.