Attachment 2 -SOFA.pdf

MULTILATERAL. NORTH ATLANTIC TREATY STATUS OF FORCES. 4 UST

1792. TIAS 2846. AGREEMENT, WITH APPENDIX, BETWEEN THE UNITED

STATES OF AMERICA AND OTHER GOVERNMENTS SIGNED AT LONDON

JUNE 19, 1951 (SD). RATIFICATION ADVISED BY THE SENATE OF THE UNITED

STATES OF AMERICA, WITH STATEMENT, JULY 15, 1953; RATIFIED BY THE

PRESIDENT OF THE UNITED STATES OF AMERICA, SUBJECT TO SAID

STATEMENT, JULY 24, 1953; RATIFICATION OF THE UNITED STATES OF

AMERICA DEPOSITED AT WASHINGTON JULY 24, 1953; PROCLAIMED BY

THE PRESIDENT OF THE UNITED STATES OF AMERICA OCTOBER 27, 1953.

ENTERED INTO FORCE AUGUST 23, 1953 (EIF).

Text or body of the decision or law

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION WHEREAS AN

AGREEMENT BETWEEN THE PARTIES TO THE NORTH ATLANTIC TREATY REGARDING THE

STATUS OF THEIR FORCES WAS SIGNED AT LONDON ON JUNE 19, 1951 ON BEHALF OF THE

UNITED STATES OF AMERICA AND THE OTHER PARTIES TO THE NORTH ATLANTIC TREATY;

WHEREAS THE TEXT OF THE SAID AGREEMENT, IN THE ENGLISH AND FRENCH

LANGUAGES, IS WORD FOR WORD AS FOLLOWS:

AGREEMENT BETWEEN THE PARTIES TO THE NORTH ATLANTIC TREATY REGARDING THE

STATUS OF THEIR FORCES

THE PARTIES TO THE NORTH ATLANTIC TREATY SIGNED IN WASHINGTON ON 4TH APRIL,

1949, /1/

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 I 1. IN THIS AGREEMENT THE EXPRESSION-- (A)

"FORCE" MEANS THE PERSONNEL BELONGING TO THE LAND, SEA OR AIR ARMED

SERVICES OF ONE CONTRACTING PARTY WHEN IN THE TERRITORY OF ANOTHER

CONTRACTING PARTY IN THE NORTH ATLANTIC TREATY AREA IN CONNECTION WITH THEIR

OFFICIAL DUTIES, PROVIDED THAT THE TWO CONTRACTING PARTIES CONCERNED MAY

AGREE THAT CERTAIN INDIVIDUALS, UNITS OR FORMATIONS SHALL NOT BE REGARDED AS

CONSTITUTING OR INCLUDED IN A "FORCE" FOR THE PURPOSES OF THE PRESENT

AGREEMENT;

(B) "CIVILIAN COMPONENT" MEANS THE CIVILIAN PERSONNEL ACCOMPANYING A FORCE OF

A CONTRACTING PARTY WHO ARE IN THE EMPLOY OF AN ARMED SERVICE OF THAT

CONTRACTING PARTY, AND WHO ARE NOT STATELESS PERSONS, NOR NATIONALS OF ANY

STATE WHICH IS NOT A PARTY TO THE NORTH ATLANTIC TREATY, NOR NATIONALS OF, NOR

ORDINARILY RESIDENT IN, THE STATE IN WHICH THE FORCE IS LOCATED;

(C) "DEPENDENT" MEANS THE SPOUSE OF A MEMBER OF A FORCE OR OF A CIVILIAN

COMPONENT, OR A CHILD OF SUCH MEMBER DEPENDING ON HIM OR HER FOR SUPPORT;

(D) "SENDING STATE" MEANS THE CONTRACTING PARTY TO WHICH THE FORCE BELONGS;

(E) "RECEIVING STATE" MEANS THE CONTRACTING PARTY IN THE TERRITORY OF WHICH

THE FORCE OR CIVILIAN COMPONENT IS LOCATED, WHETHER IT BE STATIONED THERE OR

PASSING IN TRANSIT;

(F) "MILITARY AUTHORITIES OF THE SENDING STATE" MEANS THOSE AUTHORITIES OF A

SENDING STATE WHO ARE EMPOWERED BY ITS LAW TO ENFORCE THE MILITARY LAW OF

THAT STATE WITH RESPECT TO MEMBERS OF ITS FORCES OR CIVILIAN COMPONENTS;

(G) "NORTH ATLANTIC COUNCIL" MEANS THE COUNCIL ESTABLISHED BY ARTICLE 9 OF THE

NORTH ATLANTIC TREATY OR ANY OF ITS SUBSIDIARY BODIES AUTHORISED TO ACT ON ITS

BEHALF.

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 II IT 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 III 1. 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:

(A) PERSONAL IDENTITY CARD ISSUED BY THE SENDING STATE SHOWING NAMES, DATE OR

BIRTH, RANK AND NUMBER (IF ANY), SERVICE, AND PHOTOGRAPH;

(B) INDIVIDUAL OR COLLECTIVE MOVEMENT ORDER, IN THE LANGUAGE OF THE SENDING

STATE AND IN THE ENGLISH AND FRENCH LANGUAGES, ISSUED BY AN APPROPRIATE

AGENCY OF THE SENDING STATE OR OF THE NORTH ATLANTIC TREATY ORGANISATION

AND CERTIFYING TO THE STATUS OF THE INDIVIDUAL OR GROUP AS A MEMBER OR

MEMBERS OF A FORCE AND TO THE MOVEMENT ORDERED. THE RECEIVING STATE MAY

REQUIRE A MOVEMENT ORDER TO BE COUNTERSIGNED BY ITS APPROPRIATE

REPRESENTATIVE.

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 IV THE RECEIVING STATE SHALL EITHER (A) ACCEPT AS VALID, WITHOUT A

DRIVING TEST OR FEE, THE DRIVING PERMIT OR LICENSE OR MILITARY DRIVING PERMIT

ISSUED BY THE SENDING STATE OR A SUB-DIVISION THEREOF TO A MEMBER OF A FORCE

OR OF A CIVILIAN COMPONENT; OR

(B) ISSUE ITS OWN DRIVING PERMIT OR LICENCE TO ANY MEMBER OF A FORCE OR CIVILIAN

COMPONENT WHO HOLDS A DRIVING PERMIT OR LICENCE OR MILITARY DRIVING PERMIT

ISSUED BY THE SENDING STATE OR A SUB-DIVISION THEREOF, PROVIDED THAT NO

DRIVING TEST SHALL BE REQUIRED.

ARTICLE V 1. 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.

2. SERVICE VEHICLES OF A FORCE OR CIVILIAN COMPONENT SHALL CARRY, IN ADDITION

TO THEIR REGISTRATION NUMBER, A DISTINCTIVE NATIONALITY MARK.

ARTICLE VI MEMBERS 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 VII 1. SUBJECT TO THE PROVISIONS OF THIS ARTICLE, (A) THE MILITARY

AUTHORITIES OF THE SENDING STATE SHALL HAVE THE RIGHT TO EXERCISE WITHIN THE

RECEIVING STATE ALL CRIMINAL AND DISCIPLINARY JURISDICTION CONFERRED ON THEM

BY THE LAW OF THE SENDING STATE OVER ALL PERSONS SUBJECT TO THE MILITARY LAW

OF THAT STATE;

(B) THE AUTHORITIES OF THE RECEIVING STATE SHALL HAVE JURISDICTION OVER THE

MEMBERS OF A FORCE OR CIVILIAN COMPONENT AND THEIR DEPENDENTS WITH RESPECT

TO OFFENCES COMMITTED WITHIN THE TERRITORY OF THE RECEIVING STATE AND

PUNISHABLE BY THE LAW OF THAT STATE.

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.

(B) THE AUTHORITIES OF THE RECEIVING STATE SHALL HAVE THE RIGHT TO EXERCISE

EXCLUSIVE JURISDICTION OVER MEMBERS OF A FORCE OR CIVILIAN COMPONENT AND

THEIR DEPENDENTS WITH RESPECT TO OFFENCES, INCLUDING OFFENCES RELATING TO

THE SECURITY OF THAT STATE, PUNISHABLE BY ITS LAW BUT NOT BY THE LAW OF THE

SENDING STATE.

(C) FOR THE PURPOSES OF THIS PARAGRAPH AND OF PARAGRAPH 3 OF THIS ARTICLE A

SECURITY OFFENCE AGAINST A STATE SHALL INCLUDE

(I) TREASON AGAINST THE STATE; (II) SABOTAGE, ESPIONAGE OR VIOLATION OF ANY LAW

RELATING TO OFFICIAL SECRETS OF THAT STATE, OR SECRETS RELATING TO THE

NATIONAL DEFENCE OF THAT STATE.

3. IN CASES WHERE THE RIGHT TO EXERCISE JURISDICTION IS CONCURRENT THE

FOLLOWING RULES SHALL APPLY:

(A) THE MILITARY AUTHORITIES OF THE SENDING STATE SHALL HAVE THE PRIMARY RIGHT

TO EXERCISE JURISDICTION OVER A MEMBER OF A FORCE OR OF A CIVILIAN COMPONENT

IN RELATION TO

(I) OFFENCES SOLELY AGAINST THE PROPERTY OR SECURITY OF THAT STATE, OR

OFFENCES SOLELY AGAINST THE PERSON OR PROPERTY OF ANOTHER MEMBER OF THE

FORCE OR CIVILIAN COMPONENT OF THAT STATE OR OF A DEPENDENT;

(II) OFFENCES ARISING OUT OF ANY ACT OR OMISSION DONE IN THE PERFORMANCE OF

OFFICIAL DUTY.

(B) IN THE CASE OF ANY OTHER OFFENCE THE AUTHORITIES OF THE RECEIVING STATE

SHALL HAVE THE PRIMARY RIGHT TO EXERCISE JURISDICTION.

(C) IF THE STATE HAVING THE PRIMARY RIGHT DECIDES NOT TO EXERCISE JURISDICTION,

IT SHALL NOTIFY THE AUTHORITIES OF THE OTHER STATE AS SOON AS PRACTICABLE. THE

AUTHORITIES OF THE STATE HAVING THE PRIMARY RIGHT SHALL GIVE SYMPATHETIC

CONSIDERATION TO A REQUEST FROM THE AUTHORITIES OF THE OTHER STATE FOR A

WAIVER OF ITS RIGHT IN CASES WHERE THAT OTHER STATE CONSIDERS SUCH WAIVER TO

BE OF PARTICULAR IMPORTANCE.

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.

(B) THE AUTHORITIES OF THE RECEIVING STATE SHALL NOTIFY PROMPTLY THE MILITARY

AUTHORITIES OF THE SENDING STATE OF THE ARREST OF ANY MEMBER OF A FORCE OR

CIVILIAN COMPONENT OR A DEPENDENT.

(C) THE CUSTODY OF AN ACCUSED MEMBER OF A FORCE OR CIVILIAN COMPONENT OVER

WHOM THE RECEIVING STATE IS TO EXERCISE JURISDICTION SHALL, IF HE IS IN THE

HANDS OF THE SENDING STATE, REMAIN WITH THAT STATE UNTIL HE IS CHARGED BY THE

RECEIVING STATE.

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.

(B) THE AUTHORITIES OF THE CONTRACTING PARTIES SHALL NOTIFY ONE ANOTHER OF

THE DISPOSITION OF ALL CASES IN WHICH THERE ARE CONCURRENT RIGHTS TO

EXERCISE JURISDICTION.

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.

(B) THE AUTHORITIES OF THE RECEIVING STATE SHALL GIVE SYMPATHETIC

CONSIDERATION TO A REQUEST FROM THE AUTHORITIES OF THE SENDING STATE FOR

ASSISTANCE IN CARRYING OUT A SENTENCE OF IMPRISONMENT PRONOUNCED BY THE

AUTHORITIES OF THE SENDING STATE UNDER THE PROVISION OF THIS ARTICLE WITHIN

THE TERRITORY OF THE RECEIVING STATE.

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 OR A DEPENDENT IS

PROSECUTED UNDER THE JURISDICTION OF A RECEIVING STATE HE SHALL BE ENTITLED--

(A) TO A PROMPT AND SPEEDY TRIAL; (B) TO BE INFORMED, IN ADVANCE OF TRIAL, OF THE

SPECIFIC CHARGE OR CHARGES MADE AGAINST HIM;

(C) TO BE CONFRONTED WITH THE WITNESSES AGAINST HIM; (D) TO HAVE COMPULSORY

PROCESS FOR OBTAINING WITNESSES IN HIS FAVOUR, IF THEY ARE WITHIN THE

JURISDICTION OF THE RECEIVING STATE;

(E) TO HAVE LEGAL REPRESENTATION OF HIS OWN CHOICE FOR HIS DEFENCE OR TO HAVE

FREE OR ASSISTED LEGAL REPRESENTATION UNDER THE CONDITIONS PREVAILING FOR

THE TIME BEING IN THE RECEIVING STATE;

(F) IF HE CONSIDERS IT NECESSARY, TO HAVE THE SERVICES OF A COMPETENT

INTERPRETER; AND

(G) TO COMMUNICATE WITH A REPRESENTATIVE OF THE GOVERNMENT OF THE SENDING

STATE AND, WHEN THE RULES OF THE COURT PERMIT, TO HAVE SUCH A REPRESENTATIVE

PRESENT AT HIS TRIAL.

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.

(B) OUTSIDE THESE PREMISES, SUCH MILITARY POLICE SHALL BE EMPLOYED ONLY

SUBJECT TO ARRANGEMENTS WITH THE AUTHORITIES OF THE RECEIVING STATE AND IN

LIAISON WITH THOSE AUTHORITIES, AND IN SO FAR AS SUCH EMPLOYMENT IS NECESSARY

TO MAINTAIN DISCIPLINE AND ORDER AMONG THE MEMBERS OF THE FORCE.

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 VIII 1. 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 CONNECTION 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 CONNECTION

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

CONNECTION 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-CLAIM ARISING OUT OF THE SAME INCIDENT.

(B) THE ARBITRATOR REFERRED TO IN SUB-PARAGRAPH (A) ABOVE SHALL BE SELECTED

BY AGREEMENT BETWEEN THE CONTRACTING PARTIES CONCERNED FROM AMONGST THE

NATIONALS OF THE RECEIVING STATE WHO HOLD OR HAVE HELD HIGH JUDICIAL OFFICE. IF

THE CONTRACTING PARTIES CONCERNED ARE UNABLE, WITHIN TWO MONTHS, TO AGREE

UPON THE ARBITRATOR, EITHER MAY REQUEST THE CHAIRMAN OF THE NORTH ATLANTIC

COUNCIL DEPUTIES TO SELECT A PERSON WITH THE AFORESAID QUALIFICATIONS.

(C) ANY DECISION TAKEN BY THE ARBITRATOR SHALL BE BINDING AND CONCLUSIVE UPON

THE CONTRACTING PARTIES.

(D) THE AMOUNT OF ANY COMPENSATION AWARDED BY THE ARBITRATOR SHALL BE

DISTRIBUTED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 5(E)(I), (II) AND (III)

OF THIS ARTICLE.

(E) THE COMPENSATION OF THE ARBITRATOR SHALL BE FIXED BY AGREEMENT BETWEEN

THE CONTRACTING PARTIES CONCERNED AND SHALL, TOGETHER WITH THE NECESSARY

EXPENSES INCIDENTAL TO THE PERFORMANCE OF HIS DUTIES, BE DEFRAYED IN EQUAL

PROPORTIONS BY THEM.

(F) NEVERTHELESS, EACH CONTRACTING PARTY WAIVES ITS CLAIM IN ANY SUCH CASE

WHERE THE DAMAGE IS LESS THAN: --

BELGIUM: B.FR 70,000. CANADA: $1,460. DENMARK: KR. 9,670. FRANCE: F.FR 490,000.

ICELAND: KR. 22,800. ITALY: LI. 850,000. LUXEMBOURG: L.FR. 70,000. NETHERLANDS: FL.

5,320. NORWAY: KR. 10,000. PORTUGAL: ES. 40,250. UNITED KINGDOM: L500. 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 OCCURENCE 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.

(B) THE RECEIVING STATE MAY SETTLE ANY SUCH CLAIMS, AND PAYMENT OF THE AMOUNT

AGREED UPON OR DETERMINED BY ADJUDICATION SHALL BE MADE BY THE RECEIVING

STATE IN ITS CURRENCY.

(C) SUCH PAYMENT, WHETHER MADE PURSUANT TO A SETTLEMENT OR TO ADJUDICATION

OF THE CASE BY A COMPETENT TRIBUNAL OF THE RECEIVING STATE, OR THE FINAL

ADJUDICATION BY SUCH A TRIBUNAL DENYING PAYMENT, SHALL BE BINDING AND

CONCLUSIVE UPON THE CONTRACTING PARTIES.

(D) EVERY CLAIM PAID BY THE RECEIVING STATE SHALL BE COMMUNICATED TO THE

SENDING STATES CONCERNED TOGETHER WITH FULL PARTICULARS AND A PROPOSED

DISTRIBUTION IN CONFORMITY WITH SUB-PARAGRAPHS (E)(I), (II) AND (III) BELOW. IN

DEFAULT OF A REPLY WITHIN TWO MONTHS, THE PROPOSED DISTRIBUTION SHALL BE

REGARDED AS ACCEPTED.

(E) THE COST INCURRED IN SATISFYING CLAIMS PURSUANT TO THE PRECEDING SUB-

PARAGRAPHS AND PARAGRAPH 2 OF THIS ARTICLE SHALL BE DISTRIBUTED BETWEEN THE

CONTRACTING PARTIES, AS FOLLOWS: --

(I) WHERE ONE SENDING STATE ALONE IS RESPONSIBLE, THE AMOUNT AWARDED OR

ADJUDGED SHALL BE DISTRIBUTED IN THE PROPORTION OF 25 PER CENT. CHARGEABLE

TO THE RECEIVING STATE AND 75 PER CENT. CHARGEABLE TO THE SENDING STATE.

(II) WHERE MORE THAN ONE STATE IS RESPONSIBLE FOR THE DAMAGE, THE AMOUNT

AWARDED OR ADJUDGED SHALL BE DISTRIBUTED EQUALLY AMONG THEM: HOWEVER, IF

THE RECEIVING STATE IS NOT ONE OF THE STATES RESPONSIBLE, ITS CONTRIBUTION

SHALL BE HALF THAT OF EACH OF THE SENDING STATES.

(III) WHERE THE DAMAGE WAS CAUSED BY THE ARMED SERVICES OF THE CONTRACTING

PARTIES AND IT IS NOT POSSIBLE TO ATTRIBUTE IT SPECIFICALLY TO ONE OR MORE OF

THOSE ARMED SERVICES, THE AMOUNT AWARDED OR ADJUDGED SHALL BE DISTRIBUTED

EQUALLY AMONG THE CONTRACTING PARTIES CONCERNED: HOWEVER, IF THE RECEIVING

STATE IS NOT ONE OF THE STATES BY WHOSE ARMED SERVICES THE DAMAGE WAS

CAUSED, ITS CONTRIBUTION SHALL BE HALF THAT OF EACH OF THE SENDING STATES

CONCERNED.

(IV) EVERY HALF-YEAR, A STATEMENT OF THE SUMS PAID BY THE RECEIVING STATE IN THE

COURSE OF THE HALF-YEARLY PERIOD IN RESPECT OF EVERY CASE REGARDING WHICH

THE PROPOSED DISTRIBUTION ON A PERCENTAGE BASIS HAS BEEN ACCEPTED, SHALL BE

SENT TO THE SENDING STATES CONCERNED, TOGETHER WITH A REQUEST FOR

REIMBURSEMENT. SUCH REIMBURSEMENT SHALL BE MADE WITHIN THE SHORTEST

POSSIBLE TIME, IN THE CURRENCY OF THE RECEIVING STATE.

(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.

(G) A MEMBER OF A FORCE OR CIVILIAN COMPONENT SHALL NOT BE SUBJECT TO ANY

PROCEEDINGS FOR THE ENFORCEMENT OF ANY JUDGMENT GIVEN AGAINST HIM IN THE

RECEIVING STATE IN A MATTER ARISING FROM THE PERFORMANCE OF HIS OFFICIAL

DUTIES.

(H) EXCEPT IN SO FAR AS SUB-PARAGRAPH (E) OF THIS PARAGRAPH APPLIES TO CLAIMS

COVERED BY PARAGRAPH 2 OF THIS ARTICLE, THE PROVISIONS OF THIS PARAGRAPH

SHALL NOT APPLY TO ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE

NAVIGATION OR OPERATION OF A SHIP OR THE LOADING, CARRIAGE, OR DISCHARGE OF A

CARGO, OTHER THAN CLAIMS FOR DEATH OR PERSONAL INJURY TO WHICH PARAGRAPH 4

OF THIS ARTICLE DOES NOT APPLY.

6. CLAIMS AGAINST MEMBERS OF A FORCE OR CIVILIAN COMPONENT ARISING OUT OF

TORTIOUS 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.

(C) 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 IN 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 UNAUTHORIZED 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 UNAUTHORIZED, 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 CO-

OPERATE IN THE PROCUREMENT OF EVIDENCE FOR A FAIR HEARING AND DISPOSAL OF

CLAIMS IN REGARD TO WHICH THE CONTRACTING PARTIES ARE CONCERNED.

ARTICLE IX 1. 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 HOSPITALIZATION, 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 X 1. 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 COMPONENT WITH RESPECT TO ANY PROFITABLE ENTERPRISE, OTHER THAN HIS

EMPLOYMENT AS SUCH MEMBER, IN WHICH HE MAY ENGAGE IN THE RECEIVING STATE,

AND, EXCEPT AS REGARDS HIS SALARY AND EMOLUMENTS AND THE TANGIBLE MOVABLE

PROPERTY REFERRED TO IN PARAGRAPH 1, NOTHING IN THIS ARTICLE SHALL PREVENT

TAXATION TO WHICH, EVEN IF REGARDED AS HAVING HIS RESIDENCE OR DOMICILE

OUTSIDE THE TERRITORY OF THE RECEIVING STATE, SUCH A MEMBER IS LIABLE UNDER

THE LAW OF THAT STATE.

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 XI 1. 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.

(C) 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 AUTHORIZED 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 JOINT 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;

"IMPORTATION" INCLUDES WITHDRAWAL FROM CUSTOMS WAREHOUSES OR CONTINUOUS

CUSTOMS CUSTODY, PROVIDED THAT THE GOODS CONCERNED HAVE NOT BEEN GROWN,

PRODUCED OR MANUFACTURED IN THE RECEIVING STATE.

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 XII 1. 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 XIII 1. IN ORDER TO PREVENT OFFENCES AGAINST CUSTOMS AND FISCAL LAWS

AND 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 OR CIVILIAN COMPONENT OR THEIR DEPENDENTS.

4. SERVICE VEHICLES AND ARTICLES BELONGING TO A FORCE OR TO ITS CIVILIAN

COMPONENT, AND NOT TO A MEMBER OF SUCH FORCE OR CIVILIAN COMPONENT, SEIZED

BY THE AUTHORITIES OF THE RECEIVING STATE IN CONNECTION 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 1. A FORCE, A CIVILIAN COMPONENT AND THE MEMBERS THEREOF, AS WELL

AS THEIR DEPENDENTS, SHALL REMAIN SUBJECT TO THE FOREIGN EXCHANGE

REGULATIONS OF THE SENDING STATE AND SHALL ALSO BE SUBJECT TO THE

REGULATIONS OF THE RECEIVING STATE.

2. THE FOREIGN EXCHANGE AUTHORITIES OF THE SENDING AND THE RECEIVING STATES

MAY ISSUE SPECIAL REGULATIONS APPLICABLE TO A FORCE OR CIVILIAN COMPONENT OR

THE MEMBERS THEREOF AS WELL AS TO THEIR DEPENDENTS.

ARTICLE XV 1. SUBJECT TO PARAGRAPH 2 OF THIS ARTICLE, THIS AGREEMENT SHALL

REMAIN IN FORCE IN THE EVENT OF HOSTILITIES TO WHICH THE NORTH ATLANTIC TREATY

APPLIES, EXCEPT THAT THE PROVISIONS FOR SETTLING CLAIMS IN PARAGRAPHS 2 AND 5

OF ARTICLE VIII SHALL NOT APPLY TO WAR DAMAGE, AND THAT THE PROVISIONS OF THE

AGREEMENT, AND, IN PARTICULAR OF ARTICLES III AND VII, SHALL IMMEDIATELY BE

REVIEWED BY THE CONTRACTING PARTIES CONCERNED, WHO MAY AGREE TO SUCH

MODIFICATIONS AS THEY MAY CONSIDER DESIRABLE REGARDING THE APPLICATION OF

THE AGREEMENT BETWEEN THEM.

2. IN THE EVENT OF SUCH HOSTILITIES, EACH OF THE CONTRACTING PARTIES SHALL HAVE

THE RIGHT, BY GIVING 60 DAYS' NOTICE TO THE OTHER CONTRACTING PARTIES, TO

SUSPEND THE APPLICATION OF ANY OF THE PROVISIONS OF THIS AGREEMENT SO FAR AS

IT IS CONCERNED. IF THIS RIGHT IS EXERCISED, THE CONTRACTING PARTIES SHALL

IMMEDIATELY CONSULT WITH A VIEW TO AGREEING ON SUITABLE PROVISIONS TO

REPLACE THE PROVISIONS SUSPENDED.

ARTICLE XVI ALL DIFFERENCES BETWEEN THE CONTRACTING PARTIES RELATING TO THE

INTERPRETATION OR APPLICATION OF THIS AGREEMENT SHALL BE SETTLED BY

NEGOTIATION BETWEEN THEM WITHOUT RECOURSE TO ANY OUTSIDE JURISDICTION.

EXCEPT WHERE EXPRESS PROVISION IS MADE TO THE CONTRARY IN THIS AGREEMENT,

DIFFERENCES WHICH CANNOT BE SETTLED BY DIRECT NEGOTIATIONS SHALL BE

REFERRED TO THE NORTH ATLANTIC COUNCIL.

ARTICLE XVII ANY CONTRACTING PARTY MAY AT ANY TIME REQUEST THE REVISION OF

ANY ARTICLE OF THIS AGREEMENT. THE REQUEST SHALL BE ADDRESSED TO THE NORTH

ATLANTIC COUNCIL.

ARTICLE XVIII 1. THE PRESENT AGREEMENT SHALL BE RATIFIED AND THE INSTRUMENTS

OF RATIFICATION SHALL BE DEPOSITED AS SOON AS POSSIBLE WITH THE GOVERNMENT

OF THE UNITED STATES OF AMERICA, WHICH SHALL NOTIFY EACH SIGNATORY STATE OF

THE DATE OF DEPOSIT THEREOF.

2. THIRTY DAYS AFTER FOUR SIGNATORY STATES HAVE DEPOSITED THEIR INSTRUMENTS

OF RATIFICATION THE PRESENT AGREEMENT SHALL COME INTO FORCE BETWEEN THEM.

IT SHALL COME INTO FORCE FOR EACH OTHER SIGNATORY STATE THIRTY DAYS AFTER

THE DEPOSIT OF ITS INSTRUMENT OF RATIFICATION.

3. AFTER IT HAS COME INTO FORCE, THE PRESENT AGREEMENT SHALL, SUBJECT TO THE

APPROVAL OF THE NORTH ATLANTIC COUNCIL AND TO SUCH CONDITIONS AS IT MAY

DECIDE, BE OPEN TO ACCESSION ON BEHALF OF ANY STATE WHICH ACCEDES TO THE

NORTH ATLANTIC TREATY. ACCESSION SHALL BE EFFECTED BY THE DEPOSIT OF AN

INSTRUMENT OF ACCESSION WITH THE GOVERNMENT OF THE UNITED STATES OF

AMERICA, WHICH SHALL NOTIFY EACH SIGNATORY AND ACCEDING STATE OF THE DATE OF

DEPOSIT THEREOF. IN RESPECT OF ANY STATE ON BEHALF OF WHICH AN INSTRUMENT OF

ACCESSION IS DEPOSITED, THE PRESENT AGREEMENT SHALL COME INTO FORCE THIRY

DAYS AFTER THE DATE OF THE DEPOSIT OF SUCH INSTRUMENT.

ARTICLE XIX 1. THE PRESENT AGREEMENT MAY BE DENOUNCED BY ANY CONTRACTING

PARTY AFTER THE EXPIRATION OF A PERIOD OF FOUR YEARS FROM THE DATE ON WHICH

THE AGREEMENT COMES INTO FORCE.

2. THE DENUNCIATION OF THE AGREEMENT BY ANY CONTRACTING PARTY SHALL BE

EFFECTED BY A WRITTEN NOTIFICATION ADDRESSED BY THAT CONTRACTING PARTY TO

THE GOVERNMENT OF THE UNITED STATES OF AMERICA WHICH SHALL NOTIFY ALL THE

OTHER CONTRACTING PARTIES OF EACH SUCH NOTIFICATION AND THE DATE OF RECEIPT

THEREOF.

3. THE DENUNCIATION SHALL TAKE EFFECT ONE YEAR AFTER THE RECEIPT OF THE

NOTIFICATION BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. AFTER THE

EXPIRATION OF THIS PERIOD OF ONE YEAR, THE AGREEMENT SHALL CEASE TO BE IN

FORCE AS REGARDS THE CONTRACTING PARTY WHICH DENOUNCES IT, BUT SHALL

CONTINUE IN FORCE FOR THE REMAINING CONTRACTING PARTIES.

ARTICLE XX 1. SUBJECT TO THE PROVISIONS OF PARAGRAPHS 2 AND 3 OF THIS ARTICLE,

THE PRESENT AGREEMENT SHALL APPLY ONLY TO THE METROPOLITAN TERRITORY OF A

CONTRACTING PARTY.

2. ANY STATE MAY, HOWEVER, AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF

RATIFICATION OR ACCESSION OR AT ANY TIME THEREAFTER, DECLARE BY NOTIFICATION

GIVEN TO THE GOVERNMENT OF THE UNITED STATES OF AMERICA THAT THE PRESENT

AGREEMENT SHALL EXTEND (SUBJECT, IF THE STATE MAKING THE DECLARATION

CONSIDERS IT TO BE NECESSARY, TO THE CONCLUSION OF A SPECIAL AGREEMENT

BETWEEN THAT STATE AND EACH OF THE SENDING STATES CONCERNED), TO ALL OR ANY

OF THE TERRITORIES FOR WHOSE INTERNATIONAL RELATIONS IT IS RESPONSIBLE IN THE

NORTH ATLANTIC TREATY AREA. THE PRESENT AGREEMENT SHALL THEN EXTEND TO THE

TERRITORY OR TERRITORIES NAMED THEREIN THIRTY DAYS AFTER THE RECEIPT BY THE

GOVERNMENT OF THE UNITED STATES OF AMERICA OF THE NOTIFICATION, OR THIRTY

DAYS AFTER THE CONCLUSION OF THE SPECIAL AGREEMENTS IF REQUIRED, OR WHEN IT

HAS COME INTO FORCE UNDER ARTICLE XVIII, WHICHEVER IS THE LATER.

3. A STATE WHICH HAS MADE A DECLARATION UNDER PARAGRAPH 2 OF THIS ARTICLE

EXTENDING THE PRESENT AGREEMENT TO ANY TERRITORY FOR WHOSE INTERNATIONAL

RELATIONS IT IS RESPONSIBLE MAY DENOUNCE THE AGREEMENT SEPARATELY IN

RESPECT OF THAT TERRITORY IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE XIX.

IN WITNESS WHEREOF THE UNDERSIGNED PLENIPOTENTIARIES HAVE SIGNED THE

PRESENT AGREEMENT.

DONE IN LONDON THIS NINETEENTH DAY OF JUNE, 1951, IN THE ENGLISH AND FRENCH

LANGUAGES, BOTH TEXTS BEING EQUALLY AUTHORITATIVE, IN A SINGLE ORIGINAL WHICH

SHALL BE DEPOSITED IN THE ARCHIVES OF THE GOVERNMENT OF THE UNITED STATES OF

AMERICA. THE GOVERNMENT OF THE UNITED STATES OF AMERICA SHALL TRANSMIT

CERTIFIED COPIES THEREOF TO ALL THE SIGNATORY AND ACCEDING STATES.

FOR THE KINGDOM OF BELGIUM: OBERT DE THIEUSIES. FOR CANADA: L. D. WILGRESS. FOR

THE KINGDOM OF DENMARK: STEENSEN-LETH. FOR FRANCE: HERVE ALPHAND. FOR

ICELAND: GUNNLAUGER PETURSSON. FOR ITALY: A. ROSSI-LONGHI. FOR THE GRAND

DUCHY OF LUXEMBOURG: A. CLASEN. FOR THE KINGDOM OF THE NETHERLANDS: A. W. L.

TJARDA VAN STARKENBORGH-STACHOUWER. FOR THE KINGDOM OF NORWAY: DAG BRYN.

FOR PORTUGAL: R. ENNES ULRICH. THE AGREEMENT IS ONLY APPLICABLE TO THE

TERRITORY OF CONTINENTAL PORTUGAL, WITH THE EXCLUSION OF THE ADJACENT

ISLANDS AND THE OVERSEAS PROVINCES.

FOR THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND: HERBERT

MORRISON. FOR THE UNITED STATES OF AMERICA: CHARLES M. SPOFFORD. I CERTIFY

THAT THE FOREGOING IS A TRUE COPY OF THE AGREEMENT BETWEEN THE PARTIES TO

THE NORTH ATLANTIC TREATY REGARDING THE STATUS OF THEIR FORCES WHICH WAS

SIGNED IN THE ENGLISH AND FRENCH LANGUAGES AT LONDON ON JUNE 19, 1951, THE

SIGNED ORIGINAL OF WHICH IS DEPOSITED IN THE ARCHIVES OF THE GOVERNMENT OF

THE UNITED STATES OF AMERICA.

IN TESTIMONY WHEREOF, I, DEAN ACHESON, SECRETARY OF STATE OF THE UNITED

STATES OF AMERICA, HAVE HEREUNTO CAUSED THE SEAL OF THE DEPARTMENT OF

STATE TO BE AFFIXED AND MY NAME SUBSCRIBED BY THE AUTHENTICATION OFFICER OF

THE SAID DEPARTMENT, AT THE CITY OF WASHINGTON, IN THE DISTRICT OF COLUMBIA,

THIS SEVENTEENTH DAY OF JULY 1951.

(SEAL) (S) SECRETARY OF STATE. BY (S) AUTHENTICATION OFFICER, DEPARTMENT OF

STATE.

APPENDIX COUNTRY MINISTRY OR SERVICE TRIPTYQUE /2/ VALID FROM -- TO -- FOR

TEMPORARY IMPORTATION TO -- OF THE FOLLOWING SERVICE VEHICLE: --

TYPE -- REGISTRATION NUMBER -- ENGINE NUMBER -- SPARE TYRES -- FIXED

COMMUNICATION EQUIPMENT -- NAME AND SIGNATURE OF THE HOLDER OF THE

TRIPTYQUE -- DATE OF ISSUE -- BY ORDER OF -- TEMPORARY EXITS AND ENTRIES NAME OF

PORT OR CUSTOMS STATION . . . DATE . . . SIGNATURE AND STAMP OF CUSTOMS OFFICER

EXIT -- ENTRY -- EXIT -- ENTRY -- EXIT -- ENTRY -- EXIT -- ENTRY -- WHEREAS THE SENATE

OF THE UNITED STATES OF AMERICA BY THEIR RESOLUTION OF JULY 15, 1953, TWO-

THIRDS OF THE SENATORS PRESENT CONCURRING THEREIN, DID ADVISE AND CONSENT

TO THE RATIFICATION OF THE SAID AGREEMENT WITH THE FOLLOWING STATEMENT:

"IT IS THE UNDERSTANDING OF THE SENATE, WHICH UNDERSTANDING INHERES IN ITS

ADVICE AND CONSENT TO THE RATIFICATION OF THE AGREEMENT, THAT NOTHING IN THE

AGREEMENT DIMINISHES, ABRIDGES, OR ALTERS THE RIGHT OF THE UNITED STATES OF

AMERICA TO SAFEGUARD ITS OWN SECURITY BY EXCLUDING OR REMOVING PERSONS

WHOSE PRESENCE IN THE UNITED STATES IS DEEMED PREJUDICIAL TO ITS SAFETY OR

SECURITY, AND THAT NO PERSON WHOSE PRESENCE IN THE UNITED STATES IS DEEMED

PREJUDICIAL TO ITS SAFETY OR SECURITY SHALL BE PERMITTED TO ENTER OR REMAIN IN

THE UNITED STATES.

"IN GIVING ITS ADVICE AND CONSENT TO RATIFICATION, IT IS THE SENSE OF THE SENATE

THAT:

1. THE CRIMINAL JURISDICTION PROVISIONS OF ARTICLE VII DO NOT CONSTITUTE A

PRECEDENT FOR FUTURE AGREEMENTS;

2. WHERE A PERSON SUBJECT TO THE MILITARY JURISDICTION OF THE UNITED STATES IS

TO BE TRIED BY THE AUTHORITIES OF A RECEIVING STATE, UNDER THE TREATY THE

COMMANDING OFFICER OF THE ARMED FORCES OF THE UNITED STATES IN SUCH STATE

SHALL EXAMINE THE LAWS OF SUCH STATE WITH PARTICULAR REFERENCE TO THE

PROCEDURAL SAFEGUARDS CONTAINED IN THE CONSTITUTION OF THE UNITED STATES;

3. IF, IN THE OPINION OF SUCH COMMANDING OFFICER, UNDER ALL THE CIRCUMSTANCES

OF THE CASE, THERE IS DANGER THAT THE ACCUSED WILL NOT BE PROTECTED BECAUSE

OF THE ABSENCE OR DENIAL OF CONSTITUTIONAL RIGHTS HE WOULD ENJOY IN THE

UNITED STATES, THE COMMANDING OFFICER SHALL REQUEST THE AUTHORITIES OF THE

RECEIVING STATE TO WAIVE JURISDICTION IN ACCORDANCE WITH THE PROVISIONS OF

PARAGRAPH 3 (C) OF ARTICLE VII (WHICH REQUIRES THE RECEIVING STATE TO GIVE

'SYMPATHETIC CONSIDERATION' TO SUCH REQUEST) AND IF SUCH AUTHORITIES REFUSE

TO WAIVE JURISDICTION, THE COMMANDING OFFICER SHALL REQUEST THE DEPARTMENT

OF STATE TO PRESS SUCH REQUEST THROUGH DIPLOMATIC CHANNELS AND

NOTIFICATION SHALL BE GIVEN BY THE EXECUTIVE BRANCH TO THE ARMED SERVICES

COMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES;

4. A REPRESENTATIVE OF THE UNITED STATES TO BE APPOINTED BY THE CHIEF OF

DIPLOMATIC MISSION WITH THE ADVICE OF THE SENIOR UNITED STATES MILITARY

REPRESENTATIVE IN THE RECEIVING STATE WILL ATTEND THE TRIAL OF ANY SUCH

PERSON BY THE AUTHORITIES OF A RECEIVING STATE UNDER THE AGREEMENT, AND ANY

FAILURE TO COMPLY WITH THE PROVISIONS OF PARAGRAPH 9 OF ARTICLE VII OF THE

AGREEMENT SHALL BE REPORTED TO THE COMMANDING OFFICER OF THE ARMED

FORCES OF THE UNITED STATES IN SUCH STATE WHO SHALL THEN REQUEST THE

DEPARTMENT OF STATE TO TAKE APPROPRIATE ACTION TO PROTECT THE RIGHTS OF THE

ACCUSED, AND NOTIFICATION SHALL BE GIVEN BY THE EXECUTIVE BRANCH TO THE

ARMED SERVICES COMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES."

WHEREAS THE SAID AGREEMENT WAS DULY RATIFIED BY THE PRESIDENT OF THE UNITED

STATES OF AMERICA ON JULY 24, 1953, IN PURSUANCE OF THE AFORESAID ADVICE AND

CONSENT OF THE SENATE AND SUBJECT TO THE AFORESAID STATEMENT;

WHEREAS IT IS PROVIDED IN ARTICLE XVIII OF THE SAID AGREEMENT THAT THIRTY DAYS

AFTER FOUR SIGNATORY STATES HAVE DEPOSITED THEIR INSTRUMENTS OF

RATIFICATION OF THE AGREEMENT WITH THE GOVERNMENT OF THE UNITED STATES OF

AMERICA THE AGREEMENT SHALL COME INTO FORCE BETWEEN THEM;

WHEREAS INSTRUMENTS OF RATIFICATION OF THE SAID AGREEMENT WERE DEPOSITED

WITH THE GOVERNMENT OF THE UNITED STATES OF AMERICA BY FRANCE ON SEPTEMBER

29, 1952, BY NORWAY ON FEBRUARY 24, 1953, BY BELGIUM ON FEBRUARY 27, 1953, AND BY

THE UNITED STATES OF AMERICA ON JULY 24, 1953;

WHEREAS AN INSTRUMENT OF RATIFICATION WAS ALSO DEPOSITED WITH THE

GOVERNMENT OF THE UNITED STATES OF AMERICA BY CANADA ON AUGUST 28, 1953;

AND WHEREAS, PURSUANT TO THE AFORESAID PROVISIONS OF ARTICLE XVIII OF THE SAID

AGREEMENT, THE AGREEMENT CAME INTO FORCE ON AUGUST 23, 1953;

NOW, THEREFORE, BE IT KNOWN THAT I, DWIGHT D. EISENHOWER, PRESIDENT OF THE

UNITED STATES OF AMERICA, DO HEREBY PROCLAIM AND MAKE PUBLIC THE SAID

AGREEMENT BETWEEN THE PARTIES TO THE NORTH ATLANTIC TREATY REGARDING THE

STATUS OF THEIR FORCES TO THE END THAT THE SAME AND EVERY ARTICLE AND CLAUSE

THEREOF, SUBJECT TO THE STATEMENT HEREINBEFORE RECITED, SHALL BE OBSERVED

AND FULFILLED WITH GOOD FAITH, ON AND AFTER AUGUST 23, 1953, BY THE UNITED

STATES OF AMERICA AND ALL OTHER PERSONS SUBJECT TO THE JURISDICTION THEREOF.

IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND CAUSED THE SEAL OF THE

UNITED STATES OF AMERICA TO BE AFFIXED.

DONE AT THE CITY OF WASHINGTON THIS TWENTY-SEVENTH DAY OF OCTOBER IN THE

YEAR OF OUR LORD ONE THOUSAND NINE HUNDRED FIFTY-THREE AND OF THE

INDEPENDENCE OF THE UNITED STATES OF AMERICA THE ONE HUNDRED SEVENTY-

EIGHTH.

(SEAL) DWIGHT D. EISENHOWER BY THE PRESIDENT: JOHN FOSTER DULLES SECRETARY

OF STATE

/1/ TREATIES AND OTHER INTERNATIONAL ACTS SERIES 1964; 63 STAT., PT. 2, P. 2241.

/2/ THIS DOCUMENT SHALL BE IN THE LANGUAGE OF THE SENDING STATE AND IN THE

ENGLISH AND FRENCH LANGUAGES.