QR&O: 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.
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.
4. The foregoing provisions of this Article shall not imply any right for
the military authorities of the sending State to exercise jurisdiction over
persons who are nationals of or ordinarily resident in the receiving State,
unless they are members of the force of the sending State.
5.(a) The authorities, of the receiving, and sending States shall,
assist each other in the arrest of members of a force or civilian component
or their dependents in the territory of the receiving State and in handing
them over to the authority which is to exercise jurisdiction in accordance
with the above provisions.
(b) The authorities of the receiving State shall notify promptly the
military authorities of the sending State of the arrest of any member of a
force or civilian component or a dependent.
(c) The custody of an accused member of a force or civilian component
over whom the receiving State is to exercise jurisdiction shall, if he is
in the hands of the sending State, remain with that State until he is
charged by the receiving State.
6.(a) The authorities of the receiving and sending States shall assist
each other in the carrying out of all necessary investigations into
offences, and in the collection and production of evidence, including the
seizure and, in proper cases, the handing over of objects connected with an
offence. The handing over of such objects may, however, be made subject to
their return within the time specified by the authority delivering them.
(b) The authorities of the Contracting Parties shall notify one
another of the disposition of all cases in which there are concurrent
rights to exercise jurisdiction.
7.(a) A death sentence shall not be carried out in the receiving State
by the authorities of the sending State if the legislation of the receiving
State does not provide for such punishment in a similar case.
(b) The authorities of the receiving State shall give sympathetic
consideration to a request from the authorities of the sending State for
assistance in carrying out a sentence of imprisonment pronounced by the
authorities of the sending State under the provision of this Article within
the territory of the receiving State.
8. Where an accused has been tried in accordance with the provisions of
this Article by the authorities of one Contracting Party and has been
acquitted, or has been convicted and is serving, or has served, his
sentence or has been pardoned, he may not be tried again for the same
offence within the same territory by the authorities of another Contracting
Party. However, nothing in this paragraph shall prevent the military
authorities of the sending State from trying a member of its force for any
violation of rules of discipline arising from an act or omission which
constituted an offence for which he was tried by the authorities of another
Contracting Party.
9. Whenever a member of a force or civilian component or a dependent is
prosecuted under the jurisdiction of a receiving State he shall be
entitled -
(a) to a prompt and speedy trial;
(b) to be informed, in advance of trial, of the specific charge or
charges made against him;
(c) to be confronted with the witnesses against him;
(d) to have compulsory process for obtaining witnesses in his favour
if they are within the jurisdiction of the receiving State;
(e) to have legal representation of his own choice for his defence or
to have free or assisted legal representation under the
conditions prevailing for the time being in the receiving State;
(f) if he considers it necessary, to have the services of a competent
interpreter; and
(g) to communicate with a representative of the Government of the
sending State and, when the rules of the court permit, to have
such a representative present at his trial.
10.(a) Regularly constituted military units or formations of a force
shall have the right to police any camps, establishments or other premises
which they occupy as the result of an agreement with the receiving State.
The military police of the force may take all appropriate measures to
ensure the maintenance of order and security on such premises.
(b) Outside these premises, such military police shall be employed
only subject to arrangements with the authorities of the receiving State
and in liaison with those authorities, and in so far as such employment is
necessary to maintain discipline and order among the members of the force.
11. Each Contracting Party shall seek such legislation as it deems
necessary to ensure the adequate security and protection within its
territory of installations, equipment, property, records and official
information of other Contracting Parties, and the punishment, of persons
who may contravene laws enacted for that purpose.
ARTICLE VIII
1. Each Contracting Party waives all its claims against any other 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.
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.
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.
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.
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.
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
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