2004. Article

The responsibility as Lead Nation will rotate as will be mutually decided within the MCG. 7.5 Norway is the Lead Nation for Camp Banski Rid (FYROM). 7.6 It is a national responsibility to deploy and return units and equipment to their respective home countries. The Troop Contributing Nations (TCNs), in consultation with Comd MNB(C), are responsible for deployment and redeployment planning and execution. 7.7 Each Participant bears the responsibility for ensuring the provision of logistic support for its forces allocated to the MNB(C), unless other provisions are made in this MOU or subordinate TAs or IAs. SECTION EIGHT - FINANCIAL ARRANGEMENTS 8.1 Each Participant has financial responsibility for its own forces including: a. Pay and allowances for its own forces, including civilian components. b. All costs, including accommodation, travel and other expenses arising out of business performed by their forces, including the civilian component away from MNB(C). c. All costs arising from the deployment, sustainment and re-deployment of forces to and from the Theatre. d. All costs related to a TCNs guests and visitors. e. All costs for commitments for exclusive national use. 8.2 Annex E outlines the authority, responsibilities and task of the Financial Management Board (FMB) and provides detailed information on the financial arrangements, accounting and auditing procedures, including arrangements for reimbursement, to be implemented between the Participants. 8.3 Each Participant retains the ownership of its own resources. Jointly owned assets and property will not exist unless two or more Participants expressly consent. Any such assets and property jointly acquired under this MOU will be disposed of in a manner decided by consensus between the respective Participants. 8.4 If another Participants´s assets are used, the borrower must comply with the lender's regulations (certificate etc). Necessary training and competence for this should be individually documented. SECTION NINE - LOGISTICS AND MEDICAL SUPPORT 9.1 General. Participants will ensure that adequate CSS support is provided to sustain their contributions to MNB(C) in support of OPLAN 10413 - JOINT GUARDIAN.CSS is a national responsibility, except where a multinational arrangement is accepted upon by mutual consent between the Participants. Irrespective of these specific arrangements, Comd MNB(C) retains the task of co-ordinating all logistic support within MNB(C), as set out within OPLAN 10413 - JOINT GUARDIAN and, in extremis, the ability to re-distribute and prioritise logistic tasks. 9.2 Logistic Concept. CSS operations within MNB(C) will be conducted by a mixture of national and multinational logistic troops who will work in both steady state peace support operations and during periods of heightened tension. Across MNB(C), the prioritisation of CSS will be set to meet Comd MNB(C)'s plan and will be directed by MNB(C) staff. If tension rises, or a higher state of readiness is declared, the Participants should be prepared to provide additional resources including stocks. Comd MNB(C) will have the authority to request additional CSS capability and force protection accordingly. 9.3 UK ISR Task Force. Logistics and administrative support will be provided to the UK ISR Task Force by the MNTC and MNMP as mutually accepted between the Participants. The UK contribution to these MN units reflects the commitment to provide such support. 9.4 Medical Concept. Provision of medical support to MNB(C) forces is a national responsibility. Planning and co-ordination of emergency response cover within the MNB(C) AO will reside with HQ MNB(C) as mutually determined between the Participants. SECTION TEN - CLAIMS AND LIABILITIES 10.1 The Participants will waive claims against each other for damage to property owned or used by the Participants, and injury to personnel whilst employed by the MNB(C). This waiver will also apply between the Participants during transportation to and from the mission area. If, however, such damage results from the reckless acts or reckless omissions, wilful misconduct or gross negligence of a Participant, its personnel or agents, the cost of any liability will be borne by that Participant alone. This waiver does not cover training in the Participants' territory or any third party claims arising from a Participant's use of a vehicle belonging to one of the other Participants. In the case of vehicle claims, the claim will be settled by the Participant deemed to be responsible for the cause of the claim. 10.2 Each Participant will be responsible for third party claims for damage arising out of its own acts and omissions and the acts and ommissions of its personnel. 10.3 Where two or more Participants are jointly liable for damage to a third party, the Participants involved will be jointly responsible for settling the claim. 10.4 In situations where it has been certified that the damage has been caused by MNB(C), but the responsible Participant(s) cannot be identified, the Participants will be jointly and severally responsible. This will not apply to a Participant who clearly can not have caused the damage. 10.5 Claims mentioned in Para 10.3 and 10.4 will be processed by Comd MNB(C) in accordance with MNB(C) SOIs and decided on a case by case basis by the Participants involved. SECTION ELEVEN - PROTECTION OF CLASSIFIED INFORMATION AND SECURITY 11.1 All classified information and material exchanged or generated in connection with this MOU will be used, transmitted, stored, handled and safeguarded in accordance with the Participants' applicable national security laws and regulations, to the extent that they provide a degree of protection no less stringent than that provided for NATO classified information and material as detailed in the document "Security Within the North Atlantic Treaty Organisation", C-M(2002)(49) dated 17 June 2002 and subsequent amendments". 11.2 Classified information or material will only be transferred between the Participants, and only through Government-to-Government channels or through channels approved by the Designated Security Authorities (DSAs) of the Participants. Such information will bear the level of classification and denote the country of origin. For information originating in HQ MNB(C), NATO regulations apply, classification in accordance with KFOR regulations. 11.3 Each Participant will take all lawful steps available to it to ensure that classified information or material provided or generated pursuant to this MOU is protected from further disclosure unless the other Participant(s) consent to such disclosure. Accordingly, each Participant will ensure that the recipient(s) of such information: a. Will not release the classified information or material to any government, national organisation or other entity of a third party without prior consultation with the originating Participant. b. Will not use the classified information or material for other than the purposes provided for in this MOU. c. Will, in accordance with its national law, comply with any distribution and access restrictions on classified information or material that is provided to them in connection with this MOU. 11.4 The Participants will investigate all cases in which it is known or where there are grounds for suspecting that classified information or material provided or generated pursuant to this MOU has been lost or disclosed to unauthorised persons. Each Participant will also promptly and fully inform the other Participants of the details of such occurrences, and of the final results of the investigation and of the corrective action taken to preclude recurrences. 11.5 All Participants will appoint an appropriate person or persons to safeguard classified information or material pertaining to this MOU, at any site or facility where it may be used, who will be responsible for limiting access to such classified information or material involved to persons who have been properly approved for access and who have a strict need-to-know. 11.6 All requests for information regarding a specific Participant will be referred to that specific Participant. SECTION TWELVE - NATIONAL DECLARATIONS AND RESTRICTIONS 12.1 Details of any National Declarations and Restrictions are recorded at Annex F. 12.2 The Participants will inform HQ MNB(C) of any amendments to their National Declarations and Restrictions. SECTION THIRTEEN - MODIFICATIONS, DISPUTES AND DISTRIBUTION 13.1 The Participants will enter into consultations and, where necessary, review this MOU when the overall operational conditions change due to alterations in the mandate or due to other circumstances. 13.2 This MOU, including all or any of the Annexes, may be amended at any time with mutual consent of the Participants and through exchange of letters. Any amendments will be proposed by the Participants within the MCG. In addition, Comd MNB(C) may propose amendments through the MCG. 13.3 Any dispute regarding the interpretation or application of this MOU or the annexes will be resolved first between the Participants at the lowest possible level, and if no solution is found, the dispute will be transferred to higher levels up to the MCG as the highest level. No dispute will be referred to any national or international tribunal or third party for settlement. 13.4 The Participants will be responsible for their own national distribution of the MOU. Copies of this MOU will be distributed to SACEUR and HQ KFOR, via the Chairman of the MCG. 13.5 Additional nations may be invited to participate in this MOU by mutual consent of the existing Participants and will do so by providing either a Note of Accession (acceding to the full provisions of this MOU) or a Statement of Intent (acceding to the provisions of this MOU but with National Declarations) to the Chairman of the MCG. SECTION FOURTEEN - ENTRY INTO EFFECT, DURATION AND TERMINATION 14.1 This MOU will enter into effect on the day of the last signature of the Participants. It will remain in effect whilst the MNB(C) is in existence, or until and including 30 April 2004. It may be prolonged with mutual consent of the Participants within the MCG. 14.2 This MOU may be terminated at any time by mutual consent of the Participants within the MCG. Any Participant may withdraw from the MOU by giving a three (3) months written notice to the other Participants. 14.3 In the event that this MOU is terminated or expires: a. The provisions of Section 8 (Financial Arrangements), Section 10 (Claims and Liabilities) and Section 13 (Modifications, Disputes and Distribution) will remain in effect until all outstanding payments, claims and disputes are settled. And b. The provisions of the Section 11 (Protection of Classified Information and Security) will remain in effect until all such classified information and material is either returned to the originating Participant, destroyed in accordance with the instructions of the originator or declassified by the originator. SECTION FIFTEEN - SIGNATURES This MOU is signed in eight (8) copies, one (1) for each Participant, in the English language only. Annexes: A. Extant Arrangements between the Participants. B. Definitions.