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SECTION I

GENERAL PROVISIONS

1. The NATO Airlift Management Organisation (hereinafter referred to as NAMO) is a subsidiary body:
(a) created within the framework of the North Atlantic Treaty Organisation and established by the North Atlantic Council pursuant to Article 9 of the North Atlantic Treaty and within the meaning of the AGREEMENT ON THE STATUS OF THE NORTH ATLANTIC TREATY ORGANIZATION, NATIONAL REPRESENTATIVES AND INTERNATIONAL STAFF, signed in Ottawa on 20th September, 1951 (hereinafter called the Ottawa Agreement);
(b) to which the North Atlantic Council grants, within the framework of the North Atlantic Treaty Organisation, a clearly defined organisational, administrative and financial independence as specified below;
(c) established with a view to meeting to the best advantage the requirements of Bulgaria, Czech Republic, Denmark, Estonia, Hungary, Italy, Latvia, Lithuania, The Netherlands, Norway, Poland, Romania, Slovakia, Slovenia, and the United States of America (hereinafter referred to as the “member States” of NAMO) to acquire, manage and support airlift assets required for national operations, including those in support of NATO and multi-national commitments; the way to achieve these requirements is through implementation of the Airlift Management Program; and
(d) whose member States assure the non-participating member States of NATO that only the member States of NAMO shall be responsible for the costs, expenses, and liabilities of any kind arising from NAMO ownership of the aircraft and from the implementation of this Airlift Management Program consistent with Article 9.
2. NAMO will exercise its functions in accordance with this Charter.
3. Acronyms and Definitions
(a) Acronyms
As used throughout this Charter:
(1) BOD means: Board of Directors
(2) GM means: General Manager
(3) HAA means: Host Agency Agreement
(4) IBAN means: International Board of Auditors for NATO
(5) NAC means: North Atlantic Council
(6) NATO means: North Atlantic Treaty Organisation
(7) NAMA means: NATO Airlift Management Agency
(8) NAMO means: NATO Airlift Management Organisation
(9) NPLO means: NATO Production and Logistics Organisation
(10) PfP means: Partnership for Peace.
(b) Definitions
As used throughout this Charter:
(1) Airlift Management Program means: The co-operative effort to acquire, manage, and support NAMO owned C-17 transport aircraft approved for acquisition by the member States of NAMO.

SECTION II

MODIFICATION AND DISSOLUTION PROCEDURES

4. Only the NAC can dissolve NAMO, amend or revoke this Charter.
5. Any request to dissolve NAMO, amend or revoke this Charter shall be submitted jointly by the member States of NAMO to the North Atlantic Council through the Secretary General of NATO.
6. A NATO State not a member of NAMO may become a member thereof by unanimous affirmative vote of NAMO member States existing at the time of application for membership. Accession of an additional NATO member State shall be subject to such conditions of membership, consistent with this Charter, as the then existing member States of NAMO and the prospective member State agree.
7. A Partnership for Peace (PfP) State may enter into an agreement to participate in NAMO. The Agreement shall regulate all necessary aspects of such participation, including rights and responsibilities vis-ŕ-vis NATO and be approved by the NAC. However, a PfP member State will not share in the international personality of NATO, nor will a PfP member State share in the juridical personality possessed by NATO by virtue of Article IV of the Ottawa Agreement.
8. In the event a member State elects to withdraw from membership of NAMO, the withdrawal of that State shall be subject to such conditions, consistent with this Charter and particularly Article 1(d) and Section VII, as the remaining NAMO member States and the withdrawing State agree.

SECTION III

AIM AND FUNCTIONS

9. Aim – Task
(a) NAMO will fulfil the tasks assigned to it under this Charter. NAMO tasks include acquisition and support of transport aircraft but do not include operation of those aircraft.
(b) Operation of any aircraft is outside the scope of this Charter. However, when establishing this Charter, the member States of NAMO commit themselves towards the non-participating member States of NATO, to implement measures so as to be solely and directly responsible vis-ŕ-vis NATO and to third parties for the use, costs, expenses, and liabilities arising from any such operation except, for NAC-approved operations as may be provided in specific NATO arrangements to be approved on an ad hoc basis, by the NAC, in line with NATO policy for operations.
(c) The principal task of NAMO is to ensure the planning and implementation of a harmonised Airlift Management Program to acquire, manage, and support transport aircraft approved for acquisition by the NAMO BOD.
10. NAMO shall assume the functions of management of the Airlift Management Program, including:
(a) general administration of the NAMO and procurement and in-service support of NAMO airlift assets;
(b) examination of all problems likely to impact the acquisition and logistical support of transport aircraft;
(c) coordination, as necessary, of the policy and working methods of the NAMO member States’ services such as quality assurance and auditing; and
(d) all financial matters related to these functions.

SECTION IV

LEGAL STATUS

11. Juridical Personality – Capacity
(a) NAMO constitutes an integral part of the North Atlantic Treaty Organisation.
(b) NAMO shares in the international personality of NATO, as well as in the juridical personality possessed by NATO by virtue of Article IV of the Ottawa Agreement. The juridical personality of NAMO is subsumed in that of NATO and cannot be distinguished from it, without prejudice to Article 1(d).
12. Privileges and Immunities
By virtue of the definitions contained in Articles I(a) and I(c) of the Ottawa Agreement, all pertinent provisions of that Agreement shall effectively be applied to NAMO under the conditions defined in Article 13 below.
13. Exercise of Rights
NAMO shall exercise those rights and privileges which it shall enjoy in accordance with Articles 11 and 12 above within the limits of and subject to the terms and conditions laid down in the present Charter and in any other arrangements which may have been or may be made for the application of the Ottawa Agreement.

SECTION V

AGREEMENTS AND CONTRACTS

14. Authority
(a) Within the scope of its functions, NAMO shall have authority to conclude:
(1) contracts and agreements to acquire and dispose of movable and immovable property in the name of NATO;
(2) administrative agreements with other NATO Agencies;
(3) contracts or agreements on behalf of NAMO member States who so wish; and
(4) agreements and contracts with a NATO member or PfP State or group of NATO member or PfP States.
(b) NAMO member States may conclude agreements and contracts for NAMO if so requested.
15. Approval of the North Atlantic Council
Before the conclusion by NAMO of any agreement or contract with a country not a member of NATO or a PfP State not a participant or with an international organisation(1) or any international agreement requiring parliamentary approval by a NATO member State, the BOD shall submit any such agreement or contract to the NAC for advance approval in principle.
16. Delegation of Authority
The authority defined in Article 14(a) above shall normally be exercised, with due observance of the requirement stated in Article 15 above, by the BOD who may delegate this authority to the GM in accordance with Article 38(b) However, the BOD shall not:
(a) delegate its authority to the GM to enter into agreements or award contracts beyond the purview of routine management and business intercourse, except on a case-by-case basis;
(b) authorise the GM to conclude international agreements.
17. Signature of Agreements and Contracts
The provisions of Articles 15 and 16 above shall not prevent the BOD from delegating to an individual the performance of the executive act of signing an agreement or a contract appropriately approved.

SECTION VI

OWNERSHIP OF ASSETS

18. General provisions
(a) In implementation of Article 11 above all assets shall be acquired in the name of and the property of NAMO.
(b) NAMO shall exercise all rights in accordance with the above Article 18 (a). Those NAMO member States who have acquired aircraft, logistical support, or any other asset shall be entitled to assume all rights and obligations arising from the Airlift Management Program. However, the NAMO member States may not place NATO insignia or markings on aircraft acquired by the NAMO member States without the prior approval of the NAC.
(c) Property that is acquired within the framework of this Charter by a member State of NAMO, or by the agent of such member State, which is jointly financed by the member States of NAMO, may be used and disposed of only in accordance with the agreement of the BOD of NAMO.
19. Sale of Assets
Any proceeds deriving from the sale of assets which have been jointly financed by the member States of NAMO shall, in the absence of express decision by the BOD to the contrary, be credited to the account of each member State of NAMO in proportion to their respective financial contributions.
20. Dissolution of NAMO
In the event of dissolution of NAMO, the difference between the proceeds derived from the sale of assets and any liabilities of NAMO shall, be shared or borne by the member States of NAMO in accordance with a formula to be agreed by the BOD.

SECTION VII

RESPONSIBILITY

21. The activities of NAMO, including any agreement or contract concluded in accordance with Section V above, shall be undertaken in the name of NATO. However, within NATO, the member States of NAMO shall jointly and directly assume responsibility vis-ŕ-vis NATO and to third parties, and shall bear any resulting cost and liability, in accordance with a formula to be determined by the BOD.
22. Whenever it proves necessary to insert an arbitration clause in a contract concluded by NAMO with a firm, in order to allow NAMO to fulfil correctly the task entrusted to it in this Charter, this clause shall conform to that set forth in Annex I to this Charter.
23. NAMO shall comply with any provision which the NAC may make in accordance with Article XXIV of the Ottawa Agreement for appropriate modes of settlement of disputes of a private character of an origin other than contractual.
24. Consistent with Article 9, member States of NATO that do not participate in NAMO should not bear, nor be requested by member States of NAMO to bear, responsibility vis-ŕ-vis NATO and to third parties or to contribute for the costs, expenses, and liabilities of any kind arising from the implementation of the Airlift Management Programme or the use and the maintenance of the NAMO aircraft.

SECTION VIII

MANAGEMENT ORGANISATION

25. NAMO shall comprise:
(a) A BOD;
(b) Committee(s); and
(c) An Executive Body, called NATO Airlift Management Agency (herein referred to as NAMA), and led by a GM.
26. A government may communicate with NAMO either through its national delegation to NATO, or through its representative on the BOD who on request of its national delegation will keep the latter informed of the activities of the Board. Copies of all documents sent by NAMO to the representative of a member State on the BOD shall also be sent to the NATO Delegation of such member State.
27. The BOD of NAMO may invite NATO Military Authorities to establish peacetime liaison with the NAMO.

SECTION IX

BOARD OF DIRECTORS

28. Membership
The BOD of NAMO shall be composed of one permanent representative or an alternate representative of each NAMO member State.
29. Accredited Persons
Each NAMO member State shall communicate through the usual channels to the Secretary General of NATO and to the Chairman of the BOD the names of its representative and any alternate representative on that Board. It will provide in a timely fashion the necessary instructions to its representative on the Board.
30. Experts
Each representative on the BOD may be assisted by national experts, who may participate in discussions at Board meetings.
31. Chairman
(a) The BOD shall elect its Chairman from among its members. The tenure of duty of the Chairman shall be one year and, unless otherwise agreed by the BOD, no Chairman may be re-elected more than twice;
(b) The Chairman may delegate his/her authority as representative with right to vote to another authorised representative of his/her member State;
(c) The Chairman shall derive his/her authority from the BOD. The Chairman must account to that Board for all actions taken in accordance with this Charter and the decisions taken by the BOD.
32. Organization
(a) The BOD shall establish its own internal rules, e.g. Terms of Reference, in accordance with this Charter;
(b) The BOD shall meet regularly at such intervals as shall enable it to carry out effectively its responsibilities, but not less than annually, and as soon as possible in response to a specific request by any NAMO member State;
(c) The BOD, with due regard to Articles 26 and 51_ and Section XII of this Charter, may restrict, as appropriate, the distribution of documents and material covering special technical information and proprietary rights, or other commercial or industrial matters of a confidential nature, from release outside NAMO.
33. Committees
The BOD may establish committees and technical groups comprised of government representatives and/or national experts. These committees shall advise and assist the BOD in carrying out its duties and shall submit to it their recommendations which the BOD shall take into consideration when arriving at its decisions. Details will be laid down in the Terms of Reference for the committee(s) to be approved by the BOD.
34. Decisions
(a) Each member State of NAMO shall have one vote;
(b) All decisions of the Board shall be taken unanimously.
35. Authority
The BOD, as the directing organ of NAMO, shall, inter alia, be solely responsible for:
(a) general policy decisions;
(b) providing guidance for the operations and administration of NAMO;
(c) approval of the overall organisation and the staffing plan of the Agency;
(d) the management structure of NAMA, the schedule of positions and the approval of selections of personnel of grade A.5 and above;
(e) budgetary, financial and contractual approvals;
(f) exercising management control by comparison of the activities of NAMO with applicable Board directives;
(g) submitting an annual report to the NAC;
(h) nominating the NAMA General Manager and his/her Deputy, if any and when applicable as decided and nominated by the BOD;
(i) approving NAMA rules and regulations;
(j) approving Terms of Reference for NAMA and its GM, and overseeing their activities; and
(k) in general making all other decisions not delegated to the General Manager for the conduct of the Airlift Management Program.

SECTION X

MANAGEMENT AGENCY

36. NAMA may enter into a Host Agency Agreement (HAA) with an existing NATO agency, which will detail any services and facilities to be provided. The HAA shall be approved by the NAMO BOD and the BOD of the agency concerned.
37. Composition of the Management Agency
NAMA shall comprise the GM, a Deputy GM, if any and when applicable as decided and nominated by the BOD, and the personnel provided for in its establishment.
38. General Manager
(a) Nomination
The GM shall be nominated by the BOD after consultation with the Secretary General of NATO; his/her contract shall be approved by the BOD and submitted to the Secretary General of NATO for signature. The term of appointment shall be three calendar-years that may be extended up to a maximum period of two calendar- years upon approval of the BOD.
(b) Authority
The GM will within the authority delegated to him/her by the BOD be responsible for the execution of the Airlift Management Program. This will include in particular:
(1) overall day-to-day management of the Airlift Management Program;
(2) exercising contracting authority as delegated to him/her by the BOD;
(3) negotiation, placement and administration of contract(s) when such authority is delegated by the BOD;
(4) preparing management plans, draft budgets and financial statements for the BOD, in accordance with Section XI below;
(5) proposing responses to IBAN reports;
(6) implementing the activities, including risk management and contract audit, to achieve the cost, schedule and performance objectives of the Airlift Management Program;
(7) providing all necessary information on Program status and progress to the BOD and its committee(s) as appropriate, including the annual report mentioned in Article 54 below;
(8) managing the non-common work as decided by the BOD;
(9) being responsible for the selection and appointment of individuals to fill positions in NAMA in accordance with the establishment and the staffing plan approved by the BOD, and shall submit in due time the selection for positions at and above the A5 level to the BOD for approval;
(10) to the extent compatible with Article 1 of the NATO Civilian Personnel Regulations, working towards a distribution of personnel in accordance with the establishment approved by the BOD, and provided that candidates possess the necessary qualifications and experience;
(11) in accordance with NATO Civilian Personnel Regulations, having the authority to release individuals from NAMA when their services are no longer required or their performance is unsatisfactory. The GM shall seek approval of the BOD in those instances where the BOD has given prior approval to the appointment;
(12) organising, providing administrative support to, and attending all meetings of the BOD unless otherwise decided in special cases by the BOD; in no case shall the GM have the right to vote; and
(13) having the overall responsibility for ensuring the implementation of the NATO security policies and regulations contained in C-M(2002)49 and C-M(2002)50 including all supplements and amendments thereto.
(c) Responsibility
The GM shall be directly responsible to the BOD for the operations of NAMA, even in the case where he has delegated a portion of his authority to his staff.
39. Personnel
NAMA may comprise:
(a) Those categories of personnel who, by virtue of the agreement concluded in accordance with Article XVII of the Ottawa Agreement between the Secretary General of NATO and the NAMO member States, constitute NATO International personnel. Such personnel shall, in the absence of express decision of the North Atlantic Council to the contrary, be subject to the NATO Civilian Personnel Regulations, including those provisions relating to the Social Security System and the Provident Fund and Pension Schemes. The BOD shall ensure that the number of positions established within such categories shall be restricted to those requiring the concomitant privileges and immunities for their performance.
(b) Military personnel who shal be covered by the Agreement Between the Parties to the North Atlantic Treaty Regarding The Status Of Their Forces (London, 19 June 1951); the Agreement among the States Parties to the North Atlantic Treaty and Other States Participating in the Partnership for Peace regarding the Status of their Forces (PfP SOFA), dated 19 June 1995; and any other arrangements concluded in this respect between NATO and the host nation concerned.
(c) Those personnel not having international status. The regulations governing such personnel shall be prescribed by the BOD, in consultation with the Secretary General of NATO and in agreement with the Government of the host country.
40. Personnel Coordination
NAMA shall be represented on the Advisory Panel, established by the Secretary General of NATO for the purpose of consultation and coordination, in order to assist the NATO Executive Management Division in establishing and keeping up to date the Civilian Personnel Regulations.
41. Administrative Coordination
(a) NAMO shall give the Secretary General of NATO all necessary information and assistance for the implementation of Article 38(a) of the NATO Production and Logistic Organisation (NPLO) Regulations in C-M(62)18;
(b) NAMO shall adhere to such standardised rules and regulations as the NAC shall approve and designate as compulsory;
(c) Those standardised rules and regulations not designated as compulsory by the NAC, as well as other International Staff rules and regulations appropriately promulgated, shall, nevertheless, not be unnecessarily deviated from by the BOD.

SECTION XI

FINANCIAL MANAGEMENT

42. General Provisions
(a) The financial management of NAMO shall be separate and distinct from all other NATO organizations;
(b) The cost of the activities of NAMO, covering both its administrative and operating functions, shall be borne by the NAMO member States;
(c) NAMO shall adopt based on the NATO Financial Regulations a set of financial rules and procedures to be approved by the BOD in conformity with the present Article and any regulations promulgated pursuant to Article 41. above;
(d) The competent authorities of NAMO shall not engage NATO beyond the budgetary credits mentioned in sub-article 43(b) below, nor shall they engage NATO by concluding contracts, the financing of which would require additional resources beyond the provisions of the Airlift Management Program;
(e) All funds of NAMO, namely:
(1) the funds appropriated to NAMO by the normal contributions of the NAMO member States;
(2) the income generated by NAMO’s authorised activities; and
(3) funds otherwise made available to NAMO by its member States;
shall be shown in an itemised way.
43. Budget
(a) The management plans of NAMO, which in no way commit national finances, shall be translated into an annual budget. The budget may comprise an administrative budget and an operational budget, each of which shall indicate recurring costs as well as non-recurring (capital) costs;
(b) The budget of NAMO shall specify authorised expenditures in an itemized way and in accordance with established NAMO financial rules and procedures;
(c) The draft budget shall be prepared by the GM and forwarded by him/her to the BOD and any committee designated by them, at such date and accompanied by such explanation as laid down in the NAMO financial rules and procedures. The designated committee shall review the draft budget and make its recommendations to the BOD with a view to the final approval by the BOD;
(d) The GM shall operate in conformity with the budget;
(e) Any authority to conclude contracts or make financial commitments for expenditures that will take place in future years shall be separately cited in each annually authorised budget.
44. Accounting
All financial transactions, and acquisitions and disposal of NAMA property will be fully accounted for through a comprehensive accounting system.
45. Annual Financial Statements
(a) The GM shall submit annual financial statements, where appropriate, and detailed accounts indicating actual expenditures and income in terms of the items contained in both the administrative and operational budgets;
(b) The Board shall approve the annual financial statements submitted by the GM only after taking into account the report of the International Board of Auditors for NATO mentioned in Article 55 below and the comments of any relevant committee on both the statements and the report.

SECTION XII

SECURITY

46. NAMO shall be bound by the General Security rules set out in C- M(2002)49 and C-M(2002)50, including all supplements and amendments thereto, and by such other security rules approved or authorised by the NAC as may apply to it.
47. With regard to security, NAMO shall draw up and be bound by the necessary implementing regulations on the basis of those applicable to the International Staff.
48. The NATO Office of Security shall supervise and monitor the implementation of security policies and procedures in NAMA and assist and give guidance in security matters to NAMA as set forth particularly in “Appendix 1 to Annex to AC/35-D2003 of the 17 June 2002 ‘Directive on Industrial Security’, which is published in support of the NATO Security Policy, C-M(2002)49 and reproduced at Annex II to the present Charter”.
49. In connection with Article 48 above, the NATO Office of Security shall report as necessary to the BOD and, where appropriate, to the Secretary General of NATO.

SECTION XIII

COORDINATION AND CONTROL

50. NAMO shall be placed under the authority of the NAC. The NAC may at any time raise any matter relating to NAMO’s organization or management.
51. The Secretary General of NATO shall designate as liaison officer a suitably qualified member of his/her staff who shall have the right to attend all meetings, without the right to vote, of the BOD of NAMO. Such officer shall, inter alia, provide advice and recommendations regarding NATO administrative procedures and practices. The designated liaison officer shall have access to all documents of NAMO and shall provide NAMO with such documents which are of interest to it and, for classified documents, on a “need-to-know” basis and with the prior approval of the originator.
52. This liaison officer may raise, orally or in writing, any matter which is deemed appropriate.
53. Should the Secretary General of NATO regard any decision of the BOD, communicated to him/her by such liaison officer, as contrary to the provisions of this Charter or of a nature to jeopardise the general interests of NATO, he shall so inform the BOD and, if necessary, bring the matter to the notice of the NAC for such action as it may wish to take.
54. Every year the BOD shall submit for examination to the NAC, a report on the activities of the past year and a forecast of activities for the coming year.
55. The IBAN shall audit the accounts of NAMO under the conditions set forth at Annex III to this Charter.

SECTION XIV

ENTER INTO FORCE

56. This charter shall enter into force when the Council is notified that the Airlift Management Program is formally established by the NAMO MOU.
Annex I
To NAMO Charter

ARBITRATION CLAUSE

(a) The party instituting the arbitration proceedings shall advise the other party by registered letter, with official notice of delivery, of his/her desire to have recourse to arbitration. Within a period of thirty days from the date of receipt of this letter, the parties shall jointly appoint an arbitrator. In the event of failure to appoint an arbitrator, the dispute or disputes shall be submitted to an Arbitration Tribunal consisting of three arbitrators, one being appointed by NAMO, another by the other contracting party, and the third who shall act as President of the Tribunal, by these two arbitrators. Should one of the parties fail to appoint an arbitrator during the first fifteen days following the expiration of the first period of thirty days, or should the two arbitrators be unable to agree on the choice of the third member of the Arbitration Tribunal, within thirty days following the expiration of the said first period, the appointment shall be made, within twenty-one days, at the request of the party instituting the proceedings, by the Secretary General of the Permanent Court of Arbitration at the Hague.
(b) Regardless of the procedure concerning the appointment of this Arbitration Tribunal, the third arbitrator will have to be of a nationality different from the nationality of the two members of the Tribunal.
(c) An arbitrator must be of the nationality of any one of the member States of NAMO and shall be bound by the rules of security in force within NATO.
(d) Any person appearing before the Arbitration Tribunal in the capacity of an expert witness shall, if he/she is of the nationality of one of the member States of NATO, be bound by the rules of security in force within NATO; if he/her is of another nationality, no NATO classified documents or information shall be communicated to him, unless that nation has entered into an acceptable security arrangement with NATO.
(e) An arbitrator who, for any reason whatsoever, ceases to act as an arbitrator, shall be replaced under the procedure laid down in paragraph (a) above.
(f) The Arbitration Tribunal will take its decisions by a majority vote. It shall decide where it will meet and, unless it decides otherwise, shall follow the arbitration procedures of the International Chamber of Commerce in force at the date of the signature of this contract.
(g) The awards of the arbitrator or of the Arbitration Tribunal shall be final and there shall be no right of appeal of recourse of any kind. These awards shall determine the apportionment of the arbitration expense.
Annex II
To NAMO Charter

EXTRACT FROM APPENDIX 1 TO ANNEX TO AC/35-D/2003 (IN SUPPORT OF C-M(2002)49)

The NATO Office of Security will:
(a) assist and give guidance in industrial security matters to NPLOs and such other NATO industrial projects as may be designated by the Council and supervise the implementation of NATO security policies and directives in those organizations and projects;
(b) in agreement with the National Security Authorities (NSAs)/Designated Security Authorities (DSAs) of member nations concerned, assist and give guidance to other NSAs/DSAs in the implementation of NATO security policies and directives in connection with the activities of NPLOs;
(c) in agreement with the NSAs/DSAs of member nations concerned, assist and give guidance on NATO security policies and directives to facilities participating in the activities of NPLOs;
(d) make periodic inspections of the security arrangements for the protection of NATO classified information in NPLOs;
(e) with the agreement of the appropriate NSA, make periodic examinations of the security arrangements for the protection of NATO classified information in the DSAs of the member nations responsible for the activities of NPLOs;
(f) with the agreement of the NSAs/DSAs concerned, make periodic examinations of the security arrangements in national facilities engaged in NATO classified industrial contracts administered by a NATO Project Management Agency/Office; and
(g) give guidance and advice, when requested by NSAs/DSAs, on matters of industrial security arising in all NATO-related projects.
Annex III
To NAMO Charter

AUDIT OF THE ACCOUNTS

(a) The IBAN, acting on behalf of the NAC, each year shall audit the accounts of the NAMO and check its operations in accordance with the provisions of the Charter of the IBAN and the NATO Financial Regulations and the set of financial rules mentioned in article 43.(c).
(b) The IBAN shall have access to any NAMO information necessary for the purpose of the audit. NAMO member States will make necessary national information available to that Board in support of expenditure.
(c) The IBAN shall submit its reports to the North Atlantic Council, but not before the BOD of the NAMO has been offered an opportunity to comment upon the observations in these reports. The reports submitted to the NAC shall include the BOD of the NAMO comments and, if necessary, the position of the IBAN on the BOD’ comments on the audit report. Representatives of the IBAN may be present at meetings of the BOD of the Organization when the audit reports are discussed.
(d) The common expenditure incurred for the audit will be borne on the NATO International Staff Budget.
(e) The provisions of the NATO Financial Regulations that relate to the duties of the IBAN and to the auditing of accounts shall, in principle, be applicable. However, any adjustments required to meet the special needs of the NAMO shall be jointly agreed by the IBAN and the BOD.