Poland_SOFA.pdf

TREATIES AND OTHER INTERNATIONAL ACTS SERIES 10-331

DEFENSE

Status of Forces

Agreement Between the UNITED STATES OF AMERICA and POLAND

Signed at Warsaw December 11, 2009

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966 (80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued under the authority of the Secretary of State shall be competent evidence . . . of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and international agreements other than treaties, as the case may be, therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof.”

POLAND

Defense: Status of Forces

Agreement signed at Warsaw December 11, 2009;

Entered into force March 31, 2010.

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AGREEMENT BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE REPUBLIC OF POLAND

ON THE STATUS OF THE ARMED FORCES OF THE UNITED STATES OF AMERICA

IN THE TERRITORY OF THE REPUBLIC OF POLAND

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Preamble

The Government of the United States of America (the United States) and the Government of the Republic of Poland hereinafter referred to collectively as "the Parties" and "Party" singularly;

Considering that strengthening of mutual cooperation in the area of defense will greatly enhance the existing relations between the United States and the Republic of Poland and security commitments, as provided for in the North Atlantic Treaty done at Washington

1 on April4, 1949, and will make a substantial contribution to the preservation of international peace and security;

Guided by the provisions of the Charter of the United Nations done at San Francisco on June 26, 1945 and the North Atlantic Treaty;

I I Recognizing that cooperation in the area of defense shall be based on full respect for the sovereignty of the States of the Parties;

Considering that, by arrangement between the United States and the Republic of Poland, elements of the United States forces, their civilian component and dependents may be present in the territory of the Republic of Poland;

Considering that the purpose of the presence of United States forces in the territory of the Republic of Poland is the participation in the common defense efforts and to promote peace and security in areas of mutual interest;

Desiring to resolve issues relating to the presence of members of the Armed Forces of the United States in the territory of the Republic of Poland;

Recognizing the applicability of the Agreement between the Parties to the North Atlantic Treaty Regarding the Status of their Forces done at London on June 19, 1951, hereinafter, "the NATO SOFA," and intending to supplement the provisions thereof;

Referring to the provisions of the Agreement between the Government of the United States of America and the Government of the Republic of Poland Concerning Security Measures for the Protection of Classified Information in the Military Sphere done at Warsaw on March 8, 2007;

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I Article 1 1 Purpose and Scope

II. This Agreement supplements the NATO SOFA and further defines the status of, and 1 terms and conditions governing the presence of, United States forces, members of the force and the civilian component, and dependents in the territory of the Republic of Poland. This Agreement, in specific situations indicated herein, also defines the status ot~ and terms and conditions governing the presence of, United States contractors and United States contractor employees in the territory of the Republic of Poland in connection with the provision of goods and services to United States forces.

2. For matters not covered by this Agreement, the relevant provisions of the NATO SOFA, if any, shall apply.

Article 2 Definitions

For the purpose of this Agreement, the expression:

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I a "United States forces" shall mean the entity comprising the members of the force and civilian component, and all property, equipment, and materiel of the United States Armed Forces present in the territory of the Republic of Poland;

b. "force" shall have the same meaning as in Article I, paragraph l (a) of the NATO

SOFA;

c. "civilian component" shall mean:

(i) persons referred to in Article I, paragraph l(b) ofthe NATO SOFA,

(ii) United States nationals who are employed by the United States and who are serving with United States forces,

(iii) employees of non-Polish, non-commercial organizations who are nationals of or ordinarily resident in the territory of the United States and who are not ordinarily resident in the territory ofthe Republic of Poland, and who solely for the purpose of contributing to the welfare, morale or education of United States forces, are accompanying those forces in the territory of the Republic of Poland.

For the purposes of Article 13 of this Agreement, "civilian component" shall not mean citizens of the Republic of Poland and persons ordinarily resident in territory of the Republic of Poland. For the purposes of Articles 15 and 17 of this Agreement, "civilian component" shall not mean the persons referred to in subparagraph (iii) above.

d. "dependent" shall mean a person referred to in Article I, paragraph l(c) of the NATO SOFA as well as a person who for legal, financial or health reasons is dependent upon a member of the force or the civilian component, is supported by him/her, who resides with such member, and who is present in the territory of the Republic of Poland with the consent of the relevant authorities of United States forces;

e. "contractor" shall mean a natural person who is not a member of the force or the

I civilian component, a legal person, or other entity with legal capacity, who provides

. goods or services to United States forces on the basis of a contract or subcontract with or I for United States forces;

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! f. "United States contractor" shall mean a natural person who is not a citizen of nor ~~~ ordinarily resident in the Republic of Poland or a legal person which is not registered in the Republic of Poland, and is present in the territory of the Republic of Poland 1 exclusively to provide goods and services to United States forces under a contract with or for United States forces;

g. "United States contractor employee" shall mean a natural person who is not a citizen of nor ordinarily resident in the Republic of Poland, who is in an employment relationship with a United States contractor and working in the Republic of Poland exclusively in connection with a contract or subcontract to provide goods or services to United States forces;

h. "local civilian employee" shall mean a person who is not a member of the force or the civilian component, authorized to stay in the Republic of Poland and to be employed by United States forces on the basis of legal provisions applicable in the Republic of Poland;

i. "agreed facilities and areas" shall mean areas, facilities, buildings or structures in the territory of the Republic of Poland, owned by the Republic of Poland, and used by United States forces with the consent of the Republic of Poland;

j. "classified information" shall mean information that is generated by or for the Department of Defense of the United States of America (in the United States referred to as "Classified Military Information"), or the Ministry of National Defense of the Republic of Poland, or that is under their jurisdiction or control, and which requires protection according to the internal laws and regulations of the Parties and the provisions rr===========================================ll of this Agreement. Classified information may be in oral, visual, or documentary form, or any other form including equipment or technology;

k. "Executive Agent" shall mean the Department of Defense for the United States and the Ministry ofNational Defense for the Republic of Poland.

Article 3 Use of Agreed Facilities and Areas

1. Recognizing the mutual benefit of the presence of United States forces in the territory of the Republic of Poland in the framework of common defense efforts, the Republic of Poland shall furnish without rental or similar costs to United States forces, agreed facilities and areas, including agreed facilities and areas jointly used by United States forces and the Armed Forces of the Republic of Poland, in accordance with specific agreements concluded between the two Parties, and with due regard for operational and security concerns. Unless otherwise agreed, United States forces shall pay their proportionate share of all necessary operations and maintenance expenses associated with their use of agreed facilities and areas.

2. United States forces, United States contractors and their employees, local civilian employees of United States forces, and vehicles, vessels and aircraft operated by or for United States forces are authorized access to and use of agreed facilities and areas.

3. When requested, the Executive Agent for the Republic of Poland shall assist insofar as possible in facilitating the temporary access of United States forces stationed in the territory of the Republic of Poland to land owned by the State Treasury that is not part of agreed facilities and areas, land owned by municipalities, and private land for use in support of United States forces maneuver and training. This paragraph shall not apply to activities that are regulated in Article 5 of this Agreement. Activities ofUnited States forces mentioned in this paragraph may be conducted only with the consent of the Executive Agent of the Republic of Poland. In particular the Executive Agent of the Republic of Poland shall not grant its consent for activities that it considers to pose a threat to public safety.

4. The law of the Republic of Poland applies in the agreed facilities and areas. United States forces, members of the force and the civilian component, and dependents, shall have the duty to respect the law of the Republic of Poland in agreed facilities and areas and elsewhere in the territory of the Republic of Poland.

5. The Executive Agent of the Republic of Poland shall be responsible for obtaining all authorizations and permits required by the law of the Republic of Poland, to the maximum extent possible considering the information, documentation, and technical studies referred to below. The United States Executive Agent shall assist the Executive Agent of the Republic of Poland by expeditiously providing on request releasable, relevant, existing information, documentation, and technical studies, as appropriate.

There shall be no charge to the United States for such authorizations and permits.

6. United States forces may undertake construction activities on, and make alterations and improvements to, agreed facilities and areas to the extent such construction, alterations, and improvements are reasonably necessary to support the mutually agreed mission of United States forces on agreed facilities and areas, subject to the following provisions:

a. The law of the Republic of Poland concerning construction activities shall not apply to construction activities of the United States on agreed facilities and areas, unless this Agreement provides otherwise. Such activity shall be considered a public purpose as that term is used in the law of the Republic of Poland.

b. United States forces shall be responsible for the design, construction, maintenance, and operation of its facilities, and for applying safety standards in all these activities.

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c. Works on agreed facilities and areas, including routine maintenance, repair and construction works related to repair, renovation or reconstruction of structures, not increasing the external dimensions of a structure, not creating a reduction of structural integrity or creating unsafe conditions for users of the structure may be conducted following a mutually agreed expedited coordination process. The appropriate authorities

I I of the Parties may agree to apply the expedited process to instances where there is an insignificant increase in external dimensions.

d. Prior to beginning any construction activity other than those referred to in subparagraph c of this paragraph, the United States shall submit to the Executive Agent of the Republic of Poland releasable, existing documents, including technical documentation, data, reports and analyses, as requested by the Executive Agent of the Republic of Poland, relevant to the planned construction activity, including documents confirming the approval of all relevant United States authorities to undertake such activity. United States forces shall coordinate with the Executive Agent of the Republic of Poland on the planned construction. United States forces shall not proceed with the construction over Executive Agent of the Republic of Poland objection. Should no formal objection be lodged by the Executive Agent of the Republic of Poland within 60 days after the submission of the documents the construction may proceed as planned.

The permitting requirements of the law of the Republic of Poland shall be deemed to be satisfied through the absence of such formal objection. As mutually agreed, specific documents, data, reports and analyses referred to in this subparagraph shall be translated into the Polish language, and the costs of translation shall be shared as mutually agreed.

e. The United States shall be responsible for ensuring safety during construction activities referred to in this paragraph. The United States shall respect technical and safety requirements and standards of the Republic of Poland but may apply its own technical and safety requirements and standards of construction including environmental standards as set forth in Article 30, of this Agreement, in the following instances: (l) where the United States standards and technical and safety requirements are similarly effective in achieving the desired protections; or (2) where the application of United States standards and technical and safety requirements would have no foreseeable adverse impact upon the health and safety of the Polish general public or personnel. Prior to beginning construction activities, the United States shall assure the Executive Agent of the Republic of Poland that the above conditions are fulfilled.

[ The United States Executive Agent shall regularly report to the Executive Agent of the Republic of Poland on the progress of construction activities and shall promptly provide additional or updated design documentation as it becomes available. The United States Executive Agent shall, in coordination with the Executive Agent of the Republic of Poland, provide representatives of the competent construction supervision authorities of the Republic of Poland access to a construction site, subject to restrictions on classified or controlled technology or data, in order to observe that the construction works are in

I conformity with the design. If the Executive Agent of the Republic of Poland determines that the construction work deviates substantially from the design provided by the United States Executive Agent or that safety requirements are not respected, the Executive Agents of the Parties shall immediately consult to resolve the issue.

g. The United States Executive Agent shall notify the Executive Agent of the Republic of Poland when construction is completed and use of the facilities has begun.

h. United States forces may carry out construction works with members of the force, the civilian component, contractors, or with local civilian labor employed by United States forces.

7. At the time any facility or area or portion thereof is returned to the Republic of Poland by the United States, the United States shall tum over to the Executive Agent of the Republic of Poland existing documentation including "as built" drawings, operations and maintenance manuals, instructions, and any warranties that remain in force.

8. Upon mutual agreement, the United States may construct temporary or contingency facilities. The term "temporary or contingency facilities" refers to facilities that are not permanent in nature, and are intended to be used only for the time needed to accomplish il the temporary limited purpose for which they were constructed. For the purposes of Article 4 of this Agreement, such facilities will be treated as relocatable structures, and I will be removed by the United States after conclusion of the temporary need or contingency, unless the Executive Agents of the United States and the Republic of Poland agree that it is beneficial to leave them in place for a further period. In appropriate cases, the United States may request an expedited coordination and consultation process. If an expedited process is requested, United States forces shall not proceed with the construction over objection by the Executive Agent of the Republic of Poland; however, should no formal objection be lodged by the Executive Agent of the Republic of Poland within 15 days of submission of relevant and releasable documents in the possession of the United States the construction may proceed as planned.

9. Where buildings or other construction are constructed or developed for exclusive use by United States forces, such construction or development, and operations and maintenance costs therefor, shall be the responsibility of the United States unless otherwise agreed.

10. Where buildings or other construction are constructed or developed for joint use, unless otherwise agreed, such construction or development, and operations and maintenance costs therefor, shall be shared by the Parties on the basis of proportionate use as mutually agreed.

11. The Parties shall cooperate on long-term planning regarding the use and development of areas surrounding agreed facilities and areas to ensure the implementation of this Agreement over the long term.

Article 4 Property Ownership

1. All agreed facilities and areas including buildings, non-relocatable structures and assemblies connected to the soil in agreed facilities and areas, including those used, I altered or improved by United States forces, remain the property of the Republic of ! Poland. All such structures constructed by United States forces become the property of

-~~ the Republic of Poland, once constructed, and United States forces are authorized to

I f, modify such structures, and to use them until no longer needed by United States forces.

! United States forces shall notify the competent authorities of the Republic of Poland .I when an agreed facility or area, or any portion thereof, is no longer needed.

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~~~ 2. United States forces shall return as the sole and unencumbered property of the

I Republic of Poland any agreed facility or area, or any portion thereof, including non relocatable structures and assemblies constructed by United States forces therein once no

1 longer needed by United States forces. The Parties or their Executive Agents shall consult regarding the terms of return of any agreed facility or area, including I compensation for the residual value, if any, of improvements or construction.

3. United States forces shall retain title to all equipment, materiel, supplies, relocatable structures, other movable property and fixtures they have installed, imported into or acquired within the territory of the Republic of Poland in connection with this Agreement. This also applies to United States contractors unless their property has been lawfully transferred to other entities.

4. The Parties may consult regarding the possible transfer or purchase of equipment determined to be excess, as may be authorized by United States law and regulations.

Article 5 Military Exercises

1. Military exercises of United States forces in the territory of the Republic of Poland that are conducted outside agreed facilities and areas shall require prior consent of the

Minister of National Defense of the Republic of Poland. For United States forces who are not already present in the territory of the Republic of Poland, the exercises shall require the consent of appropriate authorities of the Republic of Poland.

2. Military exercises, if conducted outside agreed facilities and areas, shall be conducted in airspace, territorial waters, and land training areas in locations designated for that purpose.

3. For the purpose of this Article, competent authorities of the Parties shall conclude for each military exercise outside agreed facilities and areas separate implementing arrangements, which shall specify, among other things, the venue of the exercise and any safety, fire, and environmental regulations that may affect the exercise.

Article 6 Uniforms

During their stay in the territory of the Republic of Poland, members of the force should, as a rule, wear uniforms when performing their official duties.

Article 7 Weapons

I. Members of the force may possess and cariy service arms in accordance with the law of the United States, if they are authorized to do so by their orders in performance of their official duties.

2. Members of the civilian component as defmed in Article 2, paragraph c(i) and (ii) of this Agreement may possess and carry service arms in accordance with the law of the United States when performing their official duties in agreed facilities and areas.

Members ofthe civilian component as defined in Article 2, paragraph c(i) and (ii) of this Agreement may possess and carry service arms in accordance with the law of the United States when performing their official duties outside agreed facilities and areas upon mutual agreement of the Executive Agents or their designees in each case.

3. With regard to the storage of arms and munitions on agreed facilities and areas, United States forces shall apply their own law and regulations. Arms and ammunition may be stored outside agreed facilities and areas upon mutual agreement.

4. The importation, exportation, possession, trade and services related to private arms and ammunition in the territory of the Republic of Poland shall be regulated by the law of the Republic of Poland. For the purposes of this Article, the expression "services related to private arms and ammunition" means the conduct of economic activity to repair or produce substantial components of the weapons, modify weapons, produce ammunition, as well as services that are provided for educational, sport or leisure purposes, and that include in particular maintenance of shooting ranges, hunting or training activities.

Article 8 Entry, Stay and Departure of Personnel

l. The Republic of Poland waives its authority under Article III, paragraph 2(b) of the NATO SOFA, to require countersignature of movement orders. The Republic of Poland may withdraw its waiver and require countersignature of movement orders with advance notice to United States authorities.

2. Entry and stay of members ofthe force in the territory of the Republic of Poland shall be subject to the provisions of Article III,_ paragraphs 1 and 2 of the NATO SOFA.

3. Members of the civilian component and dependents staying in the territory of the Republic of Poland shall possess a valid United States Department of Defense identification card or a certificate issued by the relevant United States authorities confirming their status as members of the civilian component or dependents, and a valid passport. The identification card or the certificate shall entitle the aforementioned persons to enter and stay in the territory of the Republic of Poland, provided they possess a valid passport. During their stay in the territory of the Republic of Poland, these persons shall not be subject to the provisions concerning registration and control of foreigners nor shall they be considered as acquiring any right to permanent residence in the territory of the Republic of Poland.

4. During their stay in the territory of the Republic of Poland, the persons referred to in paragraph 3 of this Article shall be obliged to present a valid passport and either the identification card or the certificate upon request by the authorities of the Republic of Poland. The United States shall provide, prior to the entry into force of this Agreement, a specimen and technical data of identification cards and certificates to the relevant authorities of the Republic of Poland.

5. The principles stipulated in paragraphs 2 through 4 of this Article shall apply exclusively to the entry and stay in the territory of the Republic of Poland and do not apply to principles of entry and stay in the territory of other states.

6. The United States shall present to the Executive Agent of the Republic of Poland a list of persons described in paragraph 3 of this Article, traveling on official orders, at least 14 days prior to their initial entry into the territory of the Republic of Poland. The Parties or their designees shall consult when the time requirements for notification of initial entry by dependents and members of the civilian component cannot be met. The competent authorities of the Republic of Poland may decline these persons a right to enter in situations provided for by the provisions of the law of the Republic of Poland.

7. Except as otherwise provided for in Article 33 of this Agreement, entry, stay and exit of contractors and their employees who are not citizens of the Republic of Poland shall be regulated in its territory by the provisions of the law of the Republic of Poland. If visas are required, the Republic of Poland shall issue or deny them expeditiously.

8. Should a member of the force or the civilian component die or leave the territory of the Republic ofPoland due to professional transfer, the dependents of such member, while present in the territory of the Republic of Poland, shall continue to enjoy the status of a dependent under this Agreement for a period of 90 days after such death or transfer.

In cases where dependents had been enrolled in education facilities in the territory of the Republic of Poland prior to the member's death or transfer, the member's family members shall continue to enjoy the status of dependents for a period of 90 days counted from the date of graduation or termination of the current school or academic year.

9. Subject to Article III, paragraph 5 ofthe NATO SOFA, in the event of a threat to security or public order of the Republic of Poland posed by members of the force or the civilian component, the competent authorities of the United States shall, at the written request of the competent authorities of the Republic of Poland, remove such persons from the territory of the Republic of Poland.

Article 9 Professional Licenses, Permits, and Authorizations

I. Except as provided in paragraphs 2 and 3 of this Article, the Republic of Poland shall not require members of the force or the civilian component, United States contractors, or United States contractor employees to obtain professional licenses issued by the Republic of Poland in relation to the provision of services as part of their official or contractual duties provided to United States forces, members of the force and the civilian component, dependents, United States contractors, United States contractor employees, and other persons as mutually agreed.

2. United States contractors and United States contractor employees that provide transportation services shall possess appropriate licenses and permits recognized by the Republic of Poland.

3. United States contractors and United States contractor employees may provide security services for people and property provided that they have all the necessary professional licenses, permits, and authorizations in accordance with the law of the Republic of Poland. However, citizenship and residence requirements of the law of the Republic of Poland applicable to the provision of security services for people and property shall not apply to United States nationals performing security services in relation to military equipment required by United States law and regulations to be protected by persons who are United States nationals or other persons authorized by United States law and regulations.

Article 10 Motor Vehicles

1. The authorities of the Republic of Poland shall honor the registration and licensing by United States military and civilian authorities of motor vehicles and trailers of United States forces, United States contractors and United States contractor employees, members of the force and the civilian component, and dependents. Non-tactical vehicles (defined as such by United States forces) and trailers may be driven in the territory of the Republic of Poland for the duration of their temporary stay, provided that they are equipped with registration plates with registration numbers and the driver has on his/her person or in the vehicle a document issued by the competent authorities that confirms the registration of the vehicle and a valid technical inspection. Tactical vehicles (defined as such by United States forces) do not require registration plates, but will have appropriate markings and documentation. Details aS to appropriate documentation and proof of valid technical inspection may be specified in an implementing arrangement to this Agreement.

2. Upon the request of United States military authorities, appropriate authorities of the Republic of Poland shall register and issue Polish registration plates and registration certificates for United States forces' official, non-tactical vehicles, and for private vehicles of the members of the force and the civilian component, and dependents in accordance with relevant provisions of the law of the Republic of Poland and agreed technical exemptions. Vehicles of United States contractors and United States contractor employees also may be registered by the appropriate authorities of the Republic of Poland by the same method. A nominal fee to defray administrative costs may be

• assessed for the registration. The costs of any technical inspection conducted in the Republic of Poland shall be the responsibility of the vehicle owner. Vehicle registration procedures and the list of technical exemptions may be specified in an implementing arrangement to this Agreement.

3. United States military authorities shall provide for the safety of any motor vehicles and trailers registered and licensed by them or used by United States forces in the territory of the Republic of Poland.

4. It is the duty of members of the force and the civilian component, United States contractors, United States contractor employees, and dependents to obey the law of the Republic of Poland regarding auto liability insurance coverage for their private motor vehicles while in the territory of the Republic of Poland. Official vehicles are self insured by the United States and may be used only for official purposes as defined in the law of the United States.

5. Official vehicles, trailers and semi-trailers of United States forces shall be accorded treatment equal to official vehicles of the Armed Forces of the Republic of Poland in respect to the payment for the use of roads. Should the Republic of Poland assess road tolls on its Armed Forces in the future, the Parties or their designees shall consult concerning the impact of the change on United States forces.

6. The competent authorities of the Republic of Poland shall maintain a registry of vehicles, trailers, and semi-trailers of United States forces and United States contractors.

The registry shall include only vehicles, trailers, and semi-trailers that are staying in the territory of the Republic of Poland for more than 21 days. The military authorities of the United States shall promptly transmit information about such vehicles, trailers, and semi trailers to the competent authorities of the Republic of Poland. Such information may be specified in an implementing arrangement.

Article 11 Driving Licenses

1. Authorities of the Republic of Poland shall honor a license or other permit empowering the holder to operate official vehicles, vessels, or aircraft of the force, issued to a member of the force or the civilian component or United States contractor employee by United States military authorities.

2. The authorities of the Republic of Poland shall honor driving licenses issued by United States military and civilian authorities for the operation of private motor vehicles by members of the force and the civilian component if United States military authorities have determined that, in addition to fitness to operate a motor vehicle, applicants possess adequate knowledge of road traffic regulations of the Republic of Poland. After having passed an examination on the command of the Polish road traffic regulations, dependents holding a driving license valid in the territory of the United States may drive private motor vehicles in the territory of the Republic of Poland on the basis of a bilingual document issued by military authorities of the United States certifying entitlement to drive motor vehicles. Such a document may be issued to a dependent who is an adult according to Polish regulations, for the period of stationing in the territory of the Republic of Poland of the sponsoring member of the force or the civilian component, and the validity of the document shall be limited to the territory of the Republic of Poland.

The form of the document, the conditions of the examination and its scope shall be specified in an implementing arrangement to this Agreement.

3. United States contractor employees may drive private motor vehicles in the territory of the Republic of Poland using an international driving permit and a valid driving license issued by competent authorities of the United States, for a period not longer than 6 months following the date of their arrival in the Republic of Poland. Dependents and United States contractor employees may apply for a Polish driving license on the basis of regulations binding in the territory of the Republic of Poland. The authorities of the

I Republic of Poland shall recognize driving licenses issued by Member States of the European Union.

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4. United States military authorities on their own initiative or at the request of the authorities of the Republic of Poland may withdraw driving privileges from members of the force and, to the extent of their capability, from members of the civilian component, if there is reasonable doubt concerning such individuals' reliability or fitness to operate a motor vehicle. United States military authorities shall notify the authorities of the Republic of Poland of all withdrawals made in accordance with this paragraph and of all cases where, after such withdrawal, driving privileges have been reinstated.

5. In cases where courts of the Republic of Poland exercise jurisdiction pursuant to Article VII of the NATO SOFA and Article 13 of this Agreement over offenses involving the operation of motor vehicles, and in cases where other authorities of the Republic of Poland are entitled to take measures in relation to such offenses, decisions of the competent authorities of the Republic of Poland suspending or revoking driving privileges shall apply with respect to driving licenses referred to in this Article.

Article 12 Movement of Aircraft, Vessels and Vehicles

1. With respect for the relevant rules of land and maritime safety and movement, on approval of the authorities of the Republic of Poland granted in accordance with established procedures, vessels and vehicles operated by or exclusively for United States forces may enter, exit, and move within the territory of the Republic of Poland. With respect for the relevant rules of air safety and navigation, on approval of the authorities of the Republic of Poland granted in accordance with established procedures, United States Government aircraft and civil aircraft that are at the time operating exclusively under contract to the United States Department of Defense are authorized to over-fly, conduct aerial refueling, land and take off within the territory of the Republic of Poland. United States Government aircraft, vessels and vehicles shall be free from boarding or inspection without the consent of United States authorities.

2. Military aircraft, naval vessels, transport vessels, and specialized vessels used by United States forces that are in compliance with their own or international design, workmanship and equipment standards, but that are not in compliance with the standards in force in the Republic of Poland, may be operated in the territory of the Republic of Poland only after consultation with competent authorities of the Republic of Poland.

3. Aircraft described in paragraph 1 of this Article shall not be subject to payment of navigation fees or any similar charges for flights under this Agreement and shall not be subject to payment of landing and parking fees at government owned and operated facilities in the territory of the Republic of Poland. Procedures for designating flights under this Article shall be specified in an implementing arrangement. Vessels described in paragraph 1 of this Article shall not be subject to payment of pilotage fees, harbor fees, lighterage charges, or similar charges at government owned and operated ports within the territory of the Republic of Poland. Except as provided in Article 27 of this Agreement, United States forces shall pay standard commercial rates for services requested and received less taxes in accordance with Article 18 of this Agreement.

4. For the purpose of this Agreement and to ensure safety of air traffic and of maritime and inland waters navigation, United States military authorities shall coordinate with the competent authorities of the Republic of Poland the terms and conditions for the operations of all systems for controlling air traffic and maritime and inland waters traffic, as well as related communications systems they install and operate.

5. Use of the rail systems in the Republic of Poland shall be in accordance with arrangements between the railroad companies and United States forces. If requested by United States forces, the military authorities of the Republic of Poland shall assist in making such arrangements.

6. The movement of tracked vehicles outside of firing ranges and constructions sites shall generally be conducted by railroad transportation or, if necessary, on suitable trailers. The movement of tracked vehicles on public streets and roads without the use of rubber track shoes shall be prohibited.

7. Hazardous substances and hazardous waste shall be transported in accordance with agreed NATO standards. The competent authorities of the Parties shall agree upon methods and routes for transporting arms, heavy equipment, hazardous substances, and hazardous waste within the territory of the Republic of Poland.

Article 13 Criminal Jurisdiction

1. The Republic of Poland recognizes the particular importance of United States military authorities' disciplinary control over members of the force and the effect that such control has on operational readiness. The competent authorities of the Republic of Poland, in accordance with Article VII, paragraph 3( c) of the NATO SOFA, shall give expeditious and sympathetic consideration to a request from United States military authorities to waive the Republic of Poland's primary right to exercise criminal jurisdiction. The authorities of the Republic of Poland will grant such requests except in cases of particular importance to the Republic of Poland.

2. The authorities of the Parties shall notify one another of each case that might be subject to concurrent jurisdiction. United States forces shall not be required to notify the authorities of the Republic of Poland of cases arising under Article VII, paragraph 3(a)(i) of the NATO SOFA.

3. A request by the United States for the authorities of the Republic of Poland to waive the primary right to exercise jurisdiction shall be submitted to the Minister of Justice of the Republic of Poland. A request by the Republic of Poland for the United States authorities to waive the primary right to exercise jurisdiction shall be submitted to the competent military authorities of the United States.

4. If within 30 days of the date of submission of the request for the waiver of jurisdiction the party receiving the request has not replied, the request shall be deemed granted. If the party receiving a request requests additional information, then the waiver will not be deemed granted until the information has been provided. If within 30 days of the date of receipt of the additional information the party receiving the request has not replied the request for waiver of jurisdiction shall be deemed granted. A request for additional information may be submitted only once.

5. In the event of dispute over the primary right to execute jurisdiction, the competent authorities of the Parties shall promptly consult in order to resolve the dispute. Joint determination of jurisdiction shall normally be made not later than 30 days after the date on which the consultation begins, unless the competent authorities of the Parties decide to extend this deadline by a specific period of time. Until these consultations are concluded, the Parties shall not bring the case to trial.

6. Whenever a member of the force or the civilian component or dependent is prosecuted by the authorities of the Republic of Poland, jurisdiction will be exercised by non military courts of the Republic of Poland.

7. Members of the force or civilian component and their dependents shall not be tried in absentia, unless they have intentionally avoided appearance before the court after properly receiving notice of the date of trial, and they have improperly absented themselves from United States military authority.

8. United States forces shall assist the authorities of the Republic of Poland in obtaining the appearance before judicial authorities in the Republic of Poland of accused or suspected persons and witnesses who are members of the force or the civilian component or dependents at all proceedings where their presence is required.

9. The authorities of the Republic of Poland shall assist the United States in obtaining the appearance of persons who are not subject to the military law of the United States at all proceedings conducted by United States forces in the territory of the Republic of Poland where their presence is required.

10. Cooperation concerning assistance in the carrying out of all necessary investigations into offences, as referred to in Article VII, paragraph 6(a) of the NATO SOFA, shall be carried out, whenever possible, directly among the authorities responsible for conducting the requested activities. Appropriate authorities of the Parties may enter into agreements concerning details of cooperation. Upon request, appropriate authorities of one Party may participate in evidentiary activities conducted by the appropriate authorities of the other Party.

11. Members of the force or of the civilian component shall be exempt from payment of fines, penalties, or similar assessments imposed by the authorities of the Republic of Poland concerning the performance of official duty by such members.

Article 14 Determination of Criminal Jurisdiction in Official Duty Cases ll

l. For purposes of determining whether an alleged criminal offense has arisen out of any act or omission done in the performance of official duty by a member of the force or the civilian component under Article VII, paragraph 3(a}(ii) of the NATO SOFA, a certificate from the highest appropriate military authority of the United States in the Republic of Poland that the act or omission that may have given rise to the alleged offense was done in the performance of official duty shall constitute proof of the fact.

The certificate shall include details explaining the basis for the determination that the alleged offence arose out of an act or omission done in performance of official duties. In those cases where the judicial authorities of the Republic of Poland believe the circumstances of the case require review of the official duty certificate, the authorities of the United States and of the Republic of Poland will consult immediately, but the authority of the Republic of Poland dealing with the case shall not bring the case to trial.

During such consultation, the authorities of the Republic of Poland may present any information bearing on the validity of the official duty certificate and the United States authorities shall take full account of such information. The authorities of the Republic of Poland may require explanation and review of the certificate by senior United States military authorities.

2. "Official duty" means any duty, service or act required or authorized to be done by statute, regulation or the order of a military superior or of a member of the civilian component issued in his or her supervisory capacity. Official duty is not meant to include all acts done by an individual during the period while on duty, but is meant to apply only to acts that are required or authorized to be done as a function of that duty or service that the individual is performing.

Article 15 Detention, Control and A~~ess

1. The authorities of the Parties shall assist each other in the arrest of members of the force or the civilian component or their dependents in the territory of the Republic of Poland and in handing them over to the authority which is to exercise jurisdiction.

2. In furtherance of Article VII, paragraph 6(a) of the NATO SOFA, in cases where the Republic of Poland may have the exclusive or primary right to exercise jurisdiction, the military authorities of the United States shall immediately inform the competent authorities of the Republic of Poland of a member of the force or of the civilian component or a dependent detained by the authorities of the United States.

' 3. The authorities of the Republic of Poland shall notify United States military authorities immediately when a member of the force or the civilian component, or a dependent is arrested or detained by such authorities. United States authorities shall have prompt access to any such individual, upon the request of the United States forces.

4. A United States forces' representative shall be permitted to be present during all proceedings, including interrogations, of such member or dependent by authorities of the Republic of Poland. The United States forces' representative may not participate in such interrogations or proceedings.

5. United States authorities shall not hinder the legal proceedings of the authorities of the Republic of Poland.

6. A member of the force or the civilian component, or dependent under investigation or pending trial by the authorities of the Republic of Poland shall remain under the control of United States authorities if the authorities of the United States so request until the conclusion of all related judicial proceedings. United States authorities shall assure the appearance of the member of the force or the civilian component, or dependent, before the authorities of the Republic of Poland in any proceedings that may require the presence of such person. Should a court of the Republic of Poland determine that pre trial detention of a member of the force or the civilian component, or a dependent, is appropriate, notice of that determination and the grounds upon which it is based shall be transmitted to the competent United States authorities without delay. If United States authorities desire to maintain control in such case, the United States shall take full consideration of the terms and conditions set forth in the notice from the authorities of the Republic of Poland in determining the preventive measures and degree of restraint to be imposed. In particular, United States authorities shall endeavor to follow the preventive measures and terms of detention imposed by the court of the Republic of Poland to the maximum extent permitted by applicable United States law and regulations. United States authorities shall not request control over a member of the force or the civilian component or dependent in those cases where United States authorities determine that they are not able to exercise preventive measures or degree of restraint sufficient to address the conditions as expressed in the order of the competent court of the Republic of Poland. In the event the judicial proceedings of the Republic of Poland are not completed within one year of their commencement United States authorities shall be relieved of any obligations under this paragraph but shall consult with the authorities of the Republic of Poland with a view toward extending the obligation or making the accused available to the authorities of the Republic of Poland. Thereafter any extension of the obligation shall be by mutual agreement of the Parties.

7. If pre-trial detention is canceled or other preventive measures are taken with respect to a member of the force, the civilian component, or dependent suspected of a crime for which the Republic of Poland exercises its right to jurisdiction, the individual shall be transferred to the control of United States forces.

8. When a member of the force or the civilian component, or a dependent has been convicted by a court of the Republic of Poland and an unsuspended sentence to confinement is adjudged, United States authorities may maintain control over the accused until the conclusion of all appellate proceedings and shall keep appropriate authorities of the Republic of Poland apprised of the accused's location.

9. Any period of time spent in confinement imposed by United States military authorities or by the authorities of the Republic of Poland shall be credited against any sentence eventually adjudged in the same case.

10. Except as otherwise agreed by the Parties, confinement imposed by a court of the Republic of Poland upon members of the force or the civilian component, or dependents, shall be served in penal institutions…