18. Article

1. Šis līgums stājas spēkā datumā, kad abas puses ir rakstiski paziņojušas otrai pusei par to iekšējās ratifikācijas procedūru pabeigšanu. 2. Šo līgumu var pārskatīt pēc jebkuras puses pieprasījuma, un grozījumi stājas spēkā saskaņā ar šā panta 1. punktā noteikto procedūru. 3. Šo līgumu jebkura puse var izbeigt, sniedzot rakstisku paziņojumu otrai pusei. Šāda līguma darbības izbeigšana stājas spēkā 6 (sešus) mēnešus pēc šāda paziņojuma saņemšanas. 4. Pēc šā līguma izbeigšanas uz jebkādiem neatrisinātiem jautājumiem vai strīdiem, kas radušies tā īstenošanas rezultātā, turpina attiekties šā līguma noteikumi. Sagatavots divos eksemplāros ______ (vieta) _______ (datums) angļu, franču un gruzīnu valodā. Visi trīs teksti ir vienādi autentiski. No Ziemeļatlantijas līguma organizācijas puses (paraksts) (vārds drukātiem burtiem) No Gruzijas puses (paraksts) (vārds drukātiem burtiem) AGREEMENT BETWEEN THE NORTH ATLANTIC TREATY ORGANIZATION AND GEORGIA REGARDING THE PROVISION OF HOST NATION SUPPORT TO AND TRANSIT OF NATO FORCES AND NATO PERSONNEL The North Atlantic Treaty Organization, hereinafter NATO, represented by His Excellency Mr. Jaap de Hoop Scheffer Secretary General of the North Atlantic Treaty Organisation and Georgia, represented by Her Excellency Mr Minister of Foreign Affairs Salome Zourabichvili Hereinafter referred to as "the Parties," Considering that in response to the Partnership for Peace Invitation issued and signed by the Heads of State and Government of the member States of NATO participating in the meeting of the North Atlantic Council held at NATO Headquarters on 10 and 11 January 1994, Georgia accepted the Invitation to the Partnership for Peace and subscribed to the Partnership for Peace Framework Document, as signed on 23 March 1994; Considering that Georgia is a Party to 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, done in Brussels on 19 June 1995 (PfP SOFA) as well as to the Additional Protocol to 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, done in Brussels on 19 June 1995 (Additional Protocol); Considering that Georgia and NATO have signed a Security Agreement on 12 December 1994; Considering that Georgia has signed a Code of Conduct on 12 December 1994; Bearing in mind that, in accordance with the provisions and principles of the PfP SOFA, the decisions to send and to receive forces will continue to be the subject of separate arrangements between the Parties concerned; Desiring to facilitate the conduct of Operations; and Recognizing the importance of respect for the safety and security of civilians, and the need to safeguard Georgian civilian and military infrastructure; Have agreed as follows: Article 1 For the purposes of the present Agreement: "Operation" means the support, implementation, preparation, participation and execution by NATO, its forces, personnel and contractors in furtherance of taskings directed by the North Atlantic Council and undertaken under NATO command and control arrangements; "NATO" means the North Atlantic Treaty Organisation as well as its Military Headquarters set up pursuant to the North Atlantic Treaty; "NATO forces" means the military and civilian personnel, military equipment, vehicles, vessels, aircraft and materiel belonging to the land, sea or air armed services of NATO member States and non-NATO contributing States fulfilling the requirements of Article 2.2, of the present Agreement that are operating under NATO command and control arrangements or in support of the Operation; "NATO personnel" means the military and civilian personnel assigned or attached to or employed by the North Atlantic Treaty Organisation, its member States and non-NATO contributing States fulfilling the requirements of Article 2.2 of the present Agreement that are operating under NATO command and control arrangements or in support of the Operation, with the exception of personnel locally hired in Georgia; "NATO contractors" means non-Georgian businesses and entities remunerated by NATO and NATO member States, and non-NATO Contributing States to provide goods and services to NATO within the framework of the Operation. It includes the contractors' employees as well as sub-contractors and their employees, acting within the framework of the Operation It does not include local contractors, their employees, sub-contractors and their employees; "transit" means movement by land, water or air across the territory of Georgia. It includes the entry and exit locations and procedures. It includes temporary delays and stopover locations along the transit route. It includes any NATO personnel, contractors, equipment or goods, materiel, weapons, ammunition, explosives, vehicles, vessels and aircraft or construction that must be temporarily left in place as required for the transit or the proper delivery of cargo; "host nation support" means the civil and military assistance rendered by Georgia to NATO forces, NATO personnel and NATO contractors, who are stationed on, operating in or transiting through the territory of Georgia; "territory" means the territory of Georgia, including the land, the airspace, the internal waters and the territorial waters of Georgia, over which Georgia exercises sovereignty, in accordance with the rules and principles of international law. "entry and exit point" means points of access allowing the transit through the territory of Georgia; "transit time" means the period of time needed for transit in order to move NATO forces and its equipment through the territory of Georgia. Article 2 1. The provisions of the present Agreement shall define the procedures governing Host Nation support and transit across the territory of Georgia and shall apply to NATO, NATO forces, NATO personnel and NATO contractors, including all equipment or goods, materiel, weapons, ammunition, explosives, vehicles, vessels, and aircraft, devices and facilities, engaged in activities related to the Operation. Pursuant to Article 6 of the present Agreement, NATO shall notify in advance a list of the States transiting on the basis of the provisions of the present Agreement. 2. The provisions of the present Agreement shall also apply to any non-NATO contributing State participating in the Operation, provided that the non-NATO contributing State has concluded a Participation Agreement for the Operation with NATO and that the non-NATO contributing State notifies NATO and Georgia in writing that it expressly accepts that the provisions of the present Agreement, including the obligations contained herein, apply to it. The provisions of the present Agreement shall be applied by a non- NATO contributing State with the consent of Georgia. Article 3 1. Georgia shall be provided with the parameters of such transit, including the routes to be followed, points of entry and exit as well as services and/or facilities requested in advance by NATO, NATO forces and its personnel. 2. The time periods for which permission for transit and/or stationing and/or provision of host nation support shall apply, the time frames for notification of intended NATO transit and/or stationing and/or need for host nation support as well as the number of personnel and types of NATO forces and NATO personnel, the times and routes of their movement, the sites of stationing, including sites of deployment of personnel, relevant equipment, facilities and other details of the transiting force or personnel, shall be defined in subsequent arrangements to be concluded between NATO and Georgia. These subsequent arrangements will, where practicable and as mutually agreed by the Parties, reflect NATO doctrine and practice. Article 4 1. Each Party shall undertake all necessary measures to ensure safe transit and/or stationing of NATO forces and NATO personnel, equipment or goods, materiel, weapons, ammunition, explosives, vehicles, vessels and aircraft, devices and facilities. 2. The authorities of Georgia shall take, without any cost, charge or fee to NATO, all such necessary security and protection measures for NATO, NATO forces and NATO personnel, including any aircraft, or vessel that might be in the territory, as well as for all infrastructures needed for the Operation during transit and/or stationing. Any other additional security and force protection measures may be requested by NATO, for which reasonable charges shall be due. 3. NATO member States are authorized to provide necessary and appropriate security and protection of their forces, personnel and equipment during transit and stationing. 4. Upon request, Georgian authorities shall grant authority to land at the nearest, properly equipped, airfield to an aircraft that is operated by or on behalf of NATO forces, NATO personnel or NATO contractors and involved in an in-flight emergency. Article 5 1. NATO contractors, acting within the framework of the Operation, other than local contractors, their employees, sub-contractors and their employees, shall not be subject to local laws or regulations in matters relating to the terms and conditions of their contracts. 2. NATO contractors, employees, acting within the framework of the Operation, other than local contractors ^thief, shall not be subject to local laws and regulations with respect to licensing and registration of employees, businesses and corporations but shall be entitled to and have a right to contract for the acquisition of goods and services as well as construction; however, contracts and sub-contracts with local businesses and corporations in Georgia shall be in accordance with Georgian legislation to the extent not varied by terms of the present Agreement. Article 6 Except as otherwise provided for in the present Agreement, the provisions of the PfP SOFA and where appropriate, its Additional Protocol shall apply with regard to the Operation. Article 7 1. Construction, leasing or acquisition of buildings, facilities, infrastructure, equipment, and all other items necessary for the activities in relation to the Operation, shall be done in accordance with arrangements to be concluded between NATO and the Government of Georgia, following, where practicable, the principles outlined in NATO doctrine on the provision of Host Nation support. 2. Upon termination of the present Agreement, both Parties shall agree on the disposition of the buildings, facilities, infrastructure or equipment that NATO and NATO forces have acquired, installed, improved or constructed. Article 8 Customs processing of all cargo needed for the Operation through the territory Georgia shall be accomplished using appropriate NATO documents and all items listed thereon shall be granted exemption from customs duties and other governmental taxes associated with the importation/exportation of such items. NATO, NATO forces and NATO personnel shall be exempt from presenting customs declarations. Article 9 1. The Government of Georgia shall facilitate with appropriate means the movements of NATO forces, NATO personnel and NATO contractors, all equipment or goods, materiel, weapons, ammunition, vehicles, vessels and aircraft, devices and facilities, through ports, airports, railways or roads used. 2. Vehicles, vessels and aircraft belonging to NATO, NATO forces and NATO contractors in transit or stationing on the territory shall not be subject to licensing or registration requirements in Georgia. Article 10 1. NATO forces, NATO personnel and NATO contractors, together with their vehicles, vessels, aircraft and equipment shall enjoy transit within the territory of Georgia and shall use airports, railways, roads and ports without payment of relevant taxes and/or fees established by Georgian legislation. 2. Georgia shall not charge any relevant taxes and/or fees for the use of utilities, infrastructure or public services rendered to NATO forces, NATO personnel and NATO contractors. 3. NATO forces, NATO personnel and NATO contractors shall pay reasonable charges for services requested and received, but transit shall not be impeded pending payment of such services. Article 11 NATO forces shall be permitted to display the NATO flag and/or national flags of its constituent national elements and units on any NATO forces uniform, means of transport and facility. Article 12 NATO forces shall be allowed to operate their own telecommunications services and to use a segment of the electro-magnetic spectrum of Georgia, in accordance with the terms defined in further arrangements to be concluded between NATO and the Government of Georgia. Article 13 Supplemental arrangements specifying the procedures and mechanisms for implementing certain provisions of the present Agreement may be concluded by the Parties, subordinate Headquarters, or individual member nations of NATO. Article 14 For the purposes of the implementation of the provisions of the present Agreement, the Parties shall exchange the necessary information, which may also include releasable classified information. The protection of such information shall be in accordance with the provisions of the Security Agreement between the North Atlantic Treaty Organization and Georgia signed on 12 December 1994. Article 15 1. In case of conflict between the provisions of the present Agreement and the provisions of the PfP SOFA, and, where appropriate, its Additional Protocol, the provisions of the last two documents shall prevail. 2. The PfP SOFA shall be deemed, for the purposes of the present Agreement, and only within the territory of Georgia, to apply among Georgia and any States participating in the Operation, including non-NATO contributing States that have expressly accepted this provision and provided written notice thereof to NATO and Georgia. Any State participating in the Operation may terminate such acceptance upon 30 days written notice thereof to NATO and Georgia. 3. Any issue not addressed in the present Agreement will be governed by the provisions of the PfP SOFA. 4. Nothing in the present Agreement precludes or affects in any way the right of the Parties to the PfP SOFA to conclude separate arrangements supplementing the PfP SOFA. Article 16 The provisions of the present Agreement are without prejudice to existing Agreements to which either Party is a Party. Article 17 Any disputes with regard to the interpretation or application of the provisions of the present Agreement shall be exclusively settled between the Parties by diplomatic means. Article 18 1. The present Agreement shall enter into force on the date that both Parties shall have notified each other in writing about the fulfillment of their internal ratification procedures. 2. The present Agreement may be reviewed at the request of either Party, and amendments shall enter into force in accordance with the procedure provided for in paragraph 1 of the present Article. 3. The present Agreement may be terminated at any time by either Party by written notification given to the other Party. Such termination shall take effect 6 months after receipt of notification by the other Party. 4. Upon termination of the present Agreement, all unresolved matters or disputes that have arisen as a result of its implementation shall continue to be subject to the provisions of the present Agreement. Done in duplicate at , on , in the English, French and Georgian languages, the three texts being equally authentic. For the North Atlantic Treaty Organization (Signature) (Printed name) For Georgia (Signature) (Printed name)