QR&Os: Volume IV - Appendix 2.4 Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces

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Canadian Treaty Series 1953, Number 13.

NORTH ATLANTIC TREATY

Status of Forces Agreement

Signed at London, June 19, 1951

Canada's Instrument of Ratification

deposited August 28, 1953

In force for Canada, September 27, 1953

SUMMARY

PAGE

Text of the Agreement 4

Appendix to the Agreement 34

Declaration dated June 19, 1951 36

Agreed Minute dated April 4, 1952 38

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) ***pg.4

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

connexion 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 civ-

ilian 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

authorized 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.

_______________

(1) Treaty Series 1949, No. 7 ***(This is footnote # 1 pg 4 h/c) ***

_______________

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.

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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 of 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 counter-signed 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 sendng

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 licence 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 terr-

itory 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 per-

formance 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.

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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.

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ARTICLE VIII

1. Each Contracting Party waives all its claims against any other Con-

tracting Party for damage to any property owned by it and used by its

land, sea or air armed services, if such damage

(i) was caused by a member or an employee of the armed services of

the other Contracting Party in the execution of his duties in

connexion with the operation of the North Atlantic Treaty; or

(ii) arose from the use of any vehicle, vessel or aircraft owned by

the other Contracting Party and used by its armed services,

provided either that the vehicle, vessel or aircraft causing the

damage was being used in connexion with the operation of the

North Atlantic Treaty, or that the damage was caused to property

being so used.

Claims for maritime salvage by one Contracting Party against any other

Contracting Party shall be waived, provided that the vessel or cargo salved

was owned by a Contracting Party and being used by its armed services in

connexion with the operation of the North Atlantic Treaty.

2.(a) In the case of damage caused or arising as stated in paragraph 1

to other property owned by a Contracting Party and located in its

territory, the issue of the liability of any other Contracting Party shall

be determined and the amount of damage shall be assessed, unless the

Contracting Parties concerned agree otherwise, by a sole arbitrator

selected in accordance with sub-paragraph (b) of this paragraph. The

arbitrator shall also decide any counter-claims arising out of the same

incident.

(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

judical 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. Luxembourg: L.fr. 70,000.

Canada: $1,460. Netherlands: Fl. 5,320.

Denmark: Kr. 9,670. Norway: Kr. 10,000.

France: F.fr. 490,000. Portugal: Es. 40,250.

Iceland: Kr. 22,800. United Kingdom: œ500.

Italy: Li. 850,000. United States: $1,400.

Any other Contracting Party whose property has been damaged in the same

incident shall also waive its claim up to the above amount. In the case of

considerable variation in the rates of exchange between these currencies

the Contracting Parties shall agree on the appropriate adjustments of

these amounts.

3. For the purposes of paragraphs 1 and, 2 of this Article the expression

"owned by a Contracting Party" in the case of a vessel includes a vessel on

bare boat charter to that Contracting Party or requisitioned by it on bare

boat terms or seized by it in prize (except to the extent that the risk of

loss or liability is borne by some person other than such Contracting

Party).

4. Each Contracting Party waives all its claims against any other

Contracting Party for injury or death suffered by any member of its armed

services while such member was engaged in the performance of his official

duties.

5. Claims (other than contractual claims and those to which paragraphs 6

or 7 of this Article apply) arising out of acts or omissions of members of

a force or civilian component done in the performance of official duty, or

out of any other act, omission or occurrence for which a force or civilian

component is legally responsible, and causing damage in the territory of

the receiving State to third parties, other than any of the Contracting

Parties, shall be dealt with by the receiving State in accordance with the

following provisions:-

(a) Claims shall be filed, considered and settled or adjudicated in

accordance with the laws and regulations of the receiving State

with respect to claims arising from the activities of its own

armed forces.

(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 adju-

dication of the case by a competent tribunal of the receiving

State, or the final adjudication by such a tribunal denying pay-

ment, 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 distri-

buted 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 cause, 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 send 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 (c) of this paragraph would cause a Contract-

ing 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 connexion 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.

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6. Claims against members of a force or civilian component arising out of

tortious acts or omissions in the receiving State no.t 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 unauthorised use of any vehicle of the armed

services of a sending State shall be dealt with in accordance with

paragraph 6 of this Article, except in so far as the force or civilian

component is legally responsible.

8. If a dispute arises as to whether a tortious act or omission of a

member of a force or civilian component was done in the performance of

official duty or as to whether the use of any vehicle of the armed services

of a sending State was unauthorised, the question shall be submitted to an

arbitrator appointed in accordance with paragraph 2 (b) of this Article,

whose decision on this point shall be final and conclusive.

9. The sending State shall not claim immunity from the jurisdiction of

the courts of the receiving State for members of a force or civilian

component in respect of the civil jurisdiction of the courts of the

receiving State except to the extent provided in paragraph 5 (g) of this

Article.

10. The authorities of the sending State and of the receiving State shall

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 hospitalisation,

under the same conditions as comparable personnel of the receiving State.

6. The receiving State shall give the most favourable consideration to

requests for the grant to members of a force or of a civilian component of

travelling facilities and concessions with regard to fares. These

facilities and concessions will be the subject of special arrangements to

be made between the Governments concerned.

7. Subject to any general or particular financial arrangements between

the Contracting Parties, payment in local currency for goods, accommodation

and services furnished under paragraphs 2, 3, 4 and, if necessary, 5 and 6,

of this Article shall be made promptly by the authorities of the force.

8. Neither a force, nor a civilian component, nor the members thereof,

nor their dependents, shall by reason of this Article enjoy any exemption

from taxes or duties relating to purchases and services chargeable under

the fiscal regulations of the receiving State.

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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 as 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 authorised by the sending State for that purpose.

The designation of the person authorised to sign the certificates as well

as specimens of the signatures and stamps to be used, shall be sent to the

customs administration of the receiving State.

5. A member of a force or civilian component may, at the time of his

first arrival to take up service in the receiving State or at the time of

the first arrival of any dependent to join him, import his personal effects

and furniture free of duty for the term of such service.

6. Members of a force or civilian component may import temporarily free

of duty their private motor vehicles for the personal use of themselves and

their dependents. There is no obligation under this Article to grant

exemption from taxes payable in respect of the use of roads by private

vehicles.

7. Imports made by the authorities of a force other than for the

exclusive use of that force and its civilian component, and imports, other

than those dealt with in paragraphs 5 and 6 of this Article, effected by

members of a force or civilian component are not, by reason of this

Article, entitled to any exemption from duty or other conditions.

8. Goods which have been imported duty-free under paragraphs 2 (b), 4, 5

or 6 above

(a) may be re-exported freely, provided that, in the case of goods

imported under paragraph 4, a certificate, issued in accordance

with that paragraph, is presented to the customs office: the cus-

toms authorities, however, may verify that goods re-exported are

as deseribed 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 author-

ities 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.

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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

1removed 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 Statelare 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 connexion with an offence

against its customs or fiscal laws or regulations shall be handed over to

the appropriate authorities of the force concerned.

ARTICLE XIV

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 to 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.

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ARTICLE XVI

All differences between the Contracting Parties relating to the inter-

pretation 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 negotiation 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 instrument 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 instrum-

ents 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 accede 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 thirty 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 Con-

tracting 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 notifi-

cation 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 Gouvernment 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:

HERVÉ ALPHAND.

For Iceland:

GUNNLAUGER PÉTURSSON.

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. SPOPFORD.

APPENDIX

Country Ministry or Service

TRIPTYQUE*

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 Signature and Stamp of

Station Date Customs officer

_________________________________________________________

Exit

_________________________________________________________

Entry

_________________________________________________________

Exit

_________________________________________________________

Entry

_________________________________________________________

Exit

_________________________________________________________

Entry

_________________________________________________________

Exit

_________________________________________________________

Entry

_________________________________________________________

* This document shall be In the language of the sending State and In the

English and French languages.

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DECLARATION BY THE GOVERNMENTS OF BELGIUM, LUXEMBOURG AND

THE NETHERLANDS

On signing the Agreement of today's date regarding the Status of the

Forces of the North Atlantic Treaty Countries the Plenipotentiaries of the

Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the

Netherlands, make the following Declaration:

The forces of the Kingdom of Belgium, the Grand Duchy of Luxembourg

and the Kingdom of the Netherlands, their civilian components and their

members may not avail themselves of the provisions of the present Agreement

to claim in the territory of one of the aforementioned Powers any

exemption which they do not enjoy in their own territory, with respect to

duties, taxes and other dues, which have been or will be standardized under

the terms of conventions which have been or will be concluded for the

purpose of bringing about the Economic Union of Belgium, Luxembourg and the

Netherlands.

For the Kingdom of Belgium:

OBERT DE THIEUSIES.

For the Grand Duchy of Luxembourg:

A. CLASEN.

For the Kingdom of the Netherlands:

A. W. L. TJARDA VAN STARKENBORGH-STACHOUWER.

19 June 1951.

AGREEMENT BETWEEN THE PARTIES TO THE NORTH ATLANTIC TREATY

REGARDING THE STATUS OF THEIR FORCES

Agreed Minute

THE NORTH ATLANTIC COUNCIL DEPUTIES,

Considering that under the Agreement between the Parties to the North

Atlantic Treaty regarding the Status of their Forces, signed at London on

the 19th June, 1951, certain functions are vested in the Chairman of the

Council Deputies;

And, considering that, in consequence of the reorganization of the

North Atlantic Treaty Organization, the office of Chairman of the Council

Deputies will be abolished on the 4th April, 1952.

AGREE on behalf of their Governments that the said functions shall from

that-date be exercised by the Secretary-General of the Organization, or in

his absence by his Deputy, or by such other person as the North Atlantic

Council may decide.

Dated this fourth day of April 1952.

For Belgium:

ANDRÉ DE STAERCKE

For Canada:

L D WILGRESS

For Denmark:

STEENSEN-LETH

For France:

HERVÉ ALPHAND

For Iceland:

GUNNLAUGER, PÉTURSSON

For Italy:

A ROSSI-LONGHI

For Luxembourg:

A CLASEN

For the Netherlands:

A R TAMMENOMS BAKKER

For Norway:

DAG BRYN

For Portugal:

R ENNES ULRICH

For the United Kingdom:

F R HOYER MILLAR

For the United States:

CHARLES M. SPOFFORD