Status Of Forces

Annex I

In this Annex the expression:

"Force", means the military elements/units of one Party assigned to BLACKSEAFOR, when in the territory of another Party in connection with their official duties related to BLACKSEAFOR tasks. 

"Members of force", means the personnel belonging to the Force.

"Civilian component", means the civilian personnel accompanying the Force of a Party who are in the employ of a service of that Party, and who are not stateless persons, nor nationals of any State which is not a Party to the Agreement, nor nationals of, nor ordinarily resident in, the State in which the Force is deployed.

"Dependent", means the spouse or child of a member of the Force or of a civilian component depending on him or her for support.  

"Sending State", means the Party to which the Force belongs.

"Receiving State", means the Party in the territory of which the Force or civilian component is deployed in connection with BLACKSEAFOR operations. 

"Military authorities of the Sending State", means those authorities of a Sending State who are empowered by its national legislation to enforce the military regulations of that State with respect to its members of the Force or civilian components.

Article II

It is the duty of the 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 Agreements. It is also the duty of the Sending State to take necessary measures to that end. 

Article III

1. On the conditions specified in this Article and subject to compliance with the regulations established by the Receiving State relating to entry and departure of the members of the Force, such members shall be exempt from passport and visa regulations, immigration, inspection and registration and control of foreigners on entering or leaving the territory of the Receiving State.
2. The following documents only will be required in respect of members of the Force:
• Personal Identity Card issued by the Sending State showing names, date of birth, rank and number (if any), service, and photograph;
• Individual or collective movement order, in the language of the Sending State and in the English language issued by an appropriate agency of the Sending State and certifying to the status of the individual or group as a member or members of the Force and to the movement ordered. The Receiving State may require a movement order to be certified by its appropriate authorities.
3. Members of civilian component and dependents shall have the passport and, if necessary, visa of the Receiving State.
4. The competent authority of the Sending State shall present in advance to the competent authority of the Receiving State an official list with the data included in personal Identity Cards and passports.
5. The Receiving State reserves the right to refuse entering on or to ask for removal from its territory of undesirable individual of the Sending State. In those case the Receiving State will inform in advance the competent authority of the Sending State.

Article IV

During the BLACKSEAFOR activities members of the Force being on the territory of the Receiving State will wear uniform according to their national regulation.

Article V

Members of the Force may carry arms, on condition that they are authorized by the Receiving State.

Madde VI

1. As the general principal the authorities of the Receiving State shall have the right to exercise jurisdiction over the members of the Force or civilian component and their dependents with respect to offenses committed within the territory of the Receiving State and punishable by the law of that State.
2. The authorities of the Sending State shall have the exclusive right to exercise jurisdiction over its member of the Force or of its civilian component in relation to:
• Offenses solely against the property or security of the Sending State or offenses solely against the person or property of another member of the Force or civilian component or of a dependent of that State.
• Offenses arising out of any act or omission done in the performance of official duty.
3. The authorities of the Parties shall promptly notify each other about the intention to exercise jurisdiction over a member of the Force, civilian component or a dependent of the Sending State.
4. Whenever a member of the Force or civilian component or a dependent is prosecuted under the jurisdiction of a Receiving State he/she shall be entitled:
• To a prompt and speedy trial;
• To be informed, in advance of trial, of the specific charge or charges made against him;
• To be confronted with the witnesses against him;
• To obtain the presence of witnesses in his favor, if they are within the jurisdiction of the Receiving State;
• To have legal representation of his own choice for his defense or to have free or assisted legal representation under the conditions prevailing for the time being in the Receiving State;
• If he considers it necessary, to have the services of a competent interpreter; and
• To communicate with a representative of the Government of the Sending State and, when the rules of the court permit, to have a representative present at his trial.
5. For the purposes of this Agreement and without detriment to the legislation of the Sending and Receiving State, a death sentence shall not be carried out in the Receiving State if such punishment is not applicable in the Sending State.

Article VII

1. Each Party waives all its claims against any other Party for damage to any property owned by it and used by its armed services, if such damage:
• Was caused by a member of the Force or civilian component of the other Party in the execution of his duties in connection with the operation of the BLACKSEAFOR; or
• Arose from the use of any vehicle, vessel or aircraft owned by the other Party and used by its armed services, provided that the vehicle, vessel or aircraft causing the damage was being used in connection with the operation of the BLACKSEAFOR or that the damage was caused to property being so used.
2. Claims for maritime salvage by one Party shall be waived, provided that the vessel or cargo salvaged was owned by a Party and being used by its armed services in connection with the operation of the BLACKSEAFOR.
3. In the case of damage caused or arising as stated in paragraph 1 to other property owned by a Party, the issue of the liability of any other Party shall be determined and the amount of damage shall be assessed, unless the 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.
• The arbitrator referred to in sub-paragraph (a) above shall be selected by agreement between the Parties concerned from amongst the nationals of the Receiving State who hold or have held high judicial office.
• Any decision taken by the arbitrator shall be binding and conclusive upon the Parties.
• Nevertheless, each Party waives its claim in any such case where the damage is less than 1000 US $.
4. For the damages produced in other conditions than those provided in previous paragraphs the claims shall be raised to the competent authorities of the State on whose territory the damages were produced.
5. Each Party waives all its claims against any other Party for injury or death suffered by any member of the Force while such member was engaged in the performance of his official duties.
6. 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 Parties are concerned. 

Article VIII

If it is necessary, when on the territory of the Receiving State the members of the Force, civilian component and their dependents may receive medical and dental care, including hospitalization, under the same conditions as comparable personnel of the Receiving State.

Article IX

1. Save as provided expressly to the contrary in this Agreement, members of the Force and of a civilian component as well as their dependent shall be subject to the laws and regulations administered by the customs authorities of the Receiving State.
2. The temporary importation and re-exportation of equipment, vehicles, materials, weapons, spare parts, fuel and reasonable quantity of food into and from the territory of the Receiving state in connection with BLACKSEAFOR activities will be exempted from customs duties and taxes.