PROTOCOL BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ESTONIA, THE GOVERNMENT OF THE REPUBLIC OF LATVIA
AND THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA
CONCERNING THE STATUS OF THE BALTIC DEFENCE COLLEGE AND ITS PERSONNEL
The Government of the Republic of Estonia, the Government of the Republic of Latvia and the Government of the Republic of Lithuania, in the following referred to as the Parties,
Referring to the Article 1, paragraph 2, of the Agreement between the Government of the Republic of Estonia, the Government of the Republic of Latvia and the Government of the Republic of Lithuania concerning the Baltic Defence College, signed in Brussels on June12th, 1998, in the following referred to as the Agreement, in which the Parties have agreed to determine the status of the Baltic Defence College and its personnel in a separate arrangement;
Noting that the organisational structure for the co-ordination of efforts, operation and administration of the Baltic Defence College and procedures for the operation, funding and administration of the Baltic Defence College are laid down in administrative arrangements concluded in accordance with the Article 6, paragraph 1 of the Agreement;
The Parties have concluded the following Protocol concerning the Status of the Baltic Defence College and its personnel:
Article 1. Purpose
The Baltic Defence College is established in accordance with the Agreement. The purpose of this Protocol is to establish the status of the Baltic Defence College, its officials and students, in the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania.
Article 2. Definitions
In the following,
(a) the expression “the Baltic Defence College (the College)” means the joint institution for senior staff officers and civil servants training established by the Parties;
(b) the expression “the Commandant” means the head of the College;
(c) the expression “officials of the College” means the Commandant and the staff, allocated to or hired by the College;
(d) the expression “military personnel”, wherever the expression appears in this Protocol, means the “force”, as defined in NATO SOFA, as made applicable through Article9, paragraph1 of this Protocol. For the purposes of application of the definition of a “force”, the expression “North Atlantic Treaty area” used in that definition, shall be deemed to refer to the territory of the Parties to this Protocol;
(e) the expression “civilian personnel” means the civilian students, assigned to the courses at the College, and civilian personnel, allocated to the College staff.
Article 3. Legal capacity
1. The College shall possess legal capacity. The College may have all civil rights and obligations. The legal capacity of the College shall be created at the date of entry into force of the Protocol.
2. Subject to the provisions of this Protocol, the College may engage in legal proceedings as claimant or defendant. However, the College may agree with any of the Parties, that the appropriate national institutions of Estonia, Latvia or Lithuania, depending on the nationality of the court, shall act on behalf of the College in any legal proceedings to which the College is a party before the courts of that State. The costs connected to carrying out contracts or settling legal actions shall be borne by the College.
Article 4. Representatives of the College
The College shall be represented by the Commandant or by whom he/she may appoint, in accordance with the arrangements and procedures established for the operation and administration of the College.
Article 5. Status and immunities of premises, property, funds and assets of the College
1. Except as otherwise provided in this Protocol, Estonian legislation shall apply within the premises solely used by the College.
2. Except as otherwise provided in this Protocol, the courts or other appropriate Estonian institutions shall have jurisdiction, as provided in applicable laws, over acts, transactions or omissions taking place within the premises solely used by the College.
3. Seizure, search, requisition, confiscation, expropriation and any other form of interference whether by administrative, judical or legislative actions, of property, documents, assets or funds shall not take place against or within the premises of the College, except:
(a) For facilitating necessary investigations into offences, and collection of evidence, including seizure and, in proper cases, the handing over of objects connected with an offence, including offences against customs and fiscal laws regulations.
(b) Or otherwise with the consent of, and/or under the conditions approved by the Parties.
4. The College shall, at the request of the authorities of the Parties and in the presence of a representative of the Ministry of Defence of the requesting Party, verify the nature and contents of any documents to confirm that they are entitled to immunity under this Article.
5. The immunities granted to the College by this Protocol shall not prevent the Parties from executing mutually agreed functions concerning the College.
6. The appropriate Estonian authorities shall ensure that the tranquillity of the premises of the College is not disturbed by any person or group of persons attempting unauthorised entry into or creating disturbances in the immediate vicinity of those premises. If so requested by the Commandant, the appropriate Estonian authorities shall provide necessary assistance for the preservation of law and order in the College and for the removal of persons from the premises.
7. Official motor vehicles and trailers put at the disposal for or belonging to the College shall bear a clearly recognisable sign that indicates that they belong to or are used by the College.
Article 6. Freedom of access
1. Without prejudice to established procedures and international Agreements, the Parties undertake to allow the entry into their territory of the persons holding official positions in the College, as well as all other persons invited to the College on official business during the performance of their duties for or in relation to the College, with exemption from visa fees. This does not exempt from the application of quarantine or other health regulations.
2. No action to force the persons referred to in paragraph 1 of this Article to leave the territory of one of the Parties may be taken except after consultation with the diplomatic representatives of the State to whom the person belongs.
3. Persons who are entitled under Estonian laws to enter premises for the purpose of performing their official functions may only enter the premises of the College with the consent of Commandant or his/her substitute. However, in cases of flagrante delicto or in cases envisaged in Article5, paragraph3, of this Protocol, such authorisation shall be given automatically.
4. The College shall take all feasible measures to prevent its premises from being used as a refuge by persons.
Article 7. Border Crossing
1. Appropriate measures shall be taken to facilitate border crossing of the officials and students of the College in regard to their official activities.
Article 8. Taxation and fees
1. The College shall be exempted from customs duties, value added tax and excise-duties on goods imported by the College itself for its official use, and be reimbursed the amount of value added tax or excise-duties for the goods and services purchased for official use to the extent possible within national legislation of the Parties.
Items imported tax-free by the College shall only be transferred in accordance with the national legislation of the Parties.
2. The appropriate authorities of the Parties shall give sympathetic consideration to requests on exemptions from airport fees when either military airports or military aircraft are used in connection to the College.
Article 9. Privileges and immunities of personnel
1. With regard to their military personnel, the Parties agree to apply the Agreement among the States Parties to the North Atlantic Treaty and the other States participating in the Partnership for Peace regarding the status of their Forces, hereinafter referred to as the PfP-SOFA, in accordance with Article I of which, except as otherwise provided in the PfP-SOFA and any additional protocol in respect to its own parties, all states parties to the PfP-SOFA shall apply the provisions of the Agreement between Parties to the North Atlantic Treaty regarding the status of their forces, done at London on 19June, 1951, hereinafter referred to as the NATO-SOFA, as if all states parties to the PfP-SOFA were parties to the NATO-SOFA, when present in the territory of any of the Parties due to activities connected to the College.
2. Unless otherwise agreed and subject to separate arrangements, the Parties agree to facilitate the application of the NATO-SOFA and this Protocol to personnel of States not Parties to this Protocol but parties to the PfP-SOFA, when present in the territory of any of the Parties to this Protocol due to activities connected to the College.
3. For the purpose of paragraph 2.f. of Article VIII of the NATO-SOFA, the Parties agree to waive its claim in such cases where the damage is less than:
Estonia: 15 000 EEK
Latvia: 700 LVL
Lithuania: 4800 LTL
4. With exception of civilian personnel, hired by the College, the Parties agree to apply to their civilian personnel and their dependants at the College the same status as granted to the military personnel and their dependants by the NATO-SOFA and by this Protocol, with the reservation that the said civilian personnel shall not be subject to ArticleVII, paragraph1, 2 and3, of NATO-SOFA, but to the following provisions:
(a) The authorities of the Party, by whom the personnel is employed, shall have the right to exercise jurisdiction over its civilian personnel and their dependants with respect to:
(i) offences solely against the property or security of that State, or offences solely against the person or property of another person of the personnel of that Party in the College or of a dependent;
(ii) offences arising out of any act or omission done in the performance of official duty;
(iii) offences that are punishable by its law but not by the law of the Party receiving the personnel.
(b) In case of any other offence, the authorities of the Party receiving the personnel shall have the right to exercise jurisdiction over that personnel and their dependants.
(c) The authorities of the Party having the right to exercise jurisdiction shall give sympathetic consideration to a request from the authorities of the other party for a waiver of its right in cases where that other Party considers such waiver to be of particular importance.
(d) If the Party having the right to exercise jurisdiction decides not to exercise this right, it shall notify the authorities of the other Party as soon as practicable.
(e) Article VII, paragraph 4–9 and paragraph 11, of the NATO-SOFA shall apply mutatis mutandis.
5. The specification set out in this Article, paragraph 3, shall apply equivalently to the civilian personnel at the College, defined in paragraph 4 of this Article.
6. The status granted to personnel assigned to the College may be applied equivalently to personnel assigned to the College by a State not signatory to this Protocol nor to the PfP-SOFA, by an Exchange of Notes between the non-signatory and the Government of the Republic of Estonia, the Government of the Republic of Latvia and the Government of the Republic of Lithuania.
7. In addition to the immunities and privileges stated in this Protocol and provided that those persons are not nationals of the Republic of Estonia, the Republic of Estonia grants the Commandant and his/her Deputy immunity from arrest and detention, as well as immunity from jurisdiction in respect of words spoken and of acts committed by them in their official capacity and within the limits of their authority.
The immunity from jurisdiction in respect of words spoken and of acts committed by them in their official capacity and within the limits of their authority shall be maintained after their appointment ceases, in respect of the period of their mission.
8. The authorities of the Parties shall promptly notify the Commandant or his/her substitute of the arrest or other detention of officials or students of the College.
9. The Estonian Ministry of Defence shall be authorised by this Protocol to furnish the officials and students of the College with an identity card bearing the photograph of the holder.
10. It being understood that dependants are not exempted from immigration control by virtue of the NATO-SOFA, the Government of the Republic of Estonia undertakes to allow the entry and residence in Estonia of dependants of officials and students of the College, who are not hired by the College. Those dependants shall be exempt from Estonian regulations on the registration and control of aliens, but shall not acquire any right to permanent residence or domicile in Estonia, just as education and social welfare remain the responsibility of the respective home countries, unless otherwise agreed.
Article 10. Personnel, hired by the College
The College may hire civilian personnel in accordance with the directives on personnel strength issued by the Ministries of Defence of the Parties. Estonian legislation concerning permits to be resident and working in Estonia shall apply to the personnel hired by the College who are not nationals of the Republic of Estonia.
Article 11. Communications facilities and transport of College documents and other materials
1. For all official postal and electronic communications, the Government of the Republic of Estonia shall accord to the College a treatment equivalent to that accorded to the Estonian Armed Forces.
2. The Government of the Republic of Estonia shall take reasonable measures to secure the inviolability of the official correspondence of the College, without regard to the means of communication used.
3. All documents and other materials, that are certified as being an official document or other official material of the College, and which are sent by the College or carried by officials of the College, shall be exempt from customs, border police and police examination, except as provided by Article5, paragraph3, and under the procedures set out in Article5, paragraph4, of this Protocol. Such documents and other materials shall be marked with the term “BALTIC DEFENCE COLLEGE/ OFFICIAL”.
Article 12. Co-operation with the authorities of the Parties and implementation of this Protocol
1. The Commandant shall co-operate at all times with the appropriate authorities of the Parties to facilitate the proper administration of justice, secure the observance of legislation and avoid the occurrence of any abuse in connection with the facilities, privileges and immunities mentioned in this Protocol.
2. The College shall obtain appropriate approval in advance before conducting exercises on the territory of one of the Parties.
3. The Ministries of Defence of the Parties shall in agreement with the College establish a list of persons to whom this Protocol applies.
Article 13. Depository and Entry into Force
1. The Government of the Republic of Estonia shall act as the official Depository for this Protocol.
2. This Protocol shall enter into force on the 30th day after the Depository has received the last written notification stating that the necessary national legal requirements for this Protocol to enter into force have been completed. The Depository shall inform the Parties of each notification received and of the date of entry into force of the Protocol.
Article 14. Disputes
Disputes between the Parties regarding the interpretation or application of this Protocol shall be resolved by negotiation between the Parties.
Article 15. Amendments
Any of the Parties may at any time request amendments to this Protocol. The request shall be addressed to the Depository, which shall notify all the other Parties of each such notification and the date of the receipt thereof. Such amendments shall come into force pursuant to the provisions of Article13, paragraph2 of this Protocol.
Article 16. Denunciation
1. The present Protocol is concluded for an unlimited period of time. It may be denounced by any of the Parties by written notification to the Depository, which shall notify all the other Parties of each such notification and the date of the receipt thereof.
2. The denunciation shall take effect 6 months after the receipt of the notification by the Depository. In case of denunciation of this Protocol by any of the Parties, it shall cease to be in effect regarding that specific Party.
Done in Riga on June14, 1999 in single original in the Estonian, Latvian, Lithuanian and English language, all texts being equally authentic, which shall be deposited in the archives of the Depository. The Depository shall transmit certified copies of the Protocol to all Parties. In case of different interpretation the English version shall prevail.
For the Government oftheRepublic of EstoniaJüri LUIK / For the Government oftheRepublic of Latvia
Girts Valdis KRISTOVSKIS / For the Government oftheRepublic of Lithuania
ĆeslovasSTANKEVIĆIUS
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