Uredba o ratifikaciji Memoranduma o soglasju med Ministrstvom za obrambo Italijanske republike in Ministrstvom za obrambo Republike Slovenije o zagotavljanju logistične podpore slovenskim silam, ki sodelujejo v Posebni mednarodni enoti v Bosni in Hercegovini

The Ministry of Defense of the Italian Republic and the Ministry of Defense of the Republic of Slovenia, hereinafter referred to as “the Parties”,
    taking note of:
    – The Resolution 1088 adopted by the Security Council of the United Nations on 12th December 1996, tasking NATO to continue the mission in the former Yugoslavia;
    – SACEUR’s OPLAN 10407 (final draft) “JOINT FORGE” concerning the continuation of the peace stabilization mission in Bosnia-Herzegovina;
    – the decision of the Slovenian Republic to take part in the establishment of the NATO Multinational Specialized Unit due for employment in Bosnia-Herzegovina;
    – the need to define the scope and the procedures for the Italian logistic support on behalf of the Slovenian forces,
    HAVE AGREED AS FOLLOWS:

Article 1

DEFINITIONS

1-1. MULTINATIONAL SPECIALIZED UNIT (MSU): an Italian-led Multinational Specialized Unit, operating under COMSFOR’s operational command in the Area of Operations of the former Yugoslavia in accordance with the provisions of OPLAN 10407 “JOINT FORGE”.
    1-2. HOST NATION (HN): the Nation (ITALY in this case) which receives, temporarily hosts and supports the External Force on the national territory and in the Area of Operations, for the purposes as specified in the OPLAN 10407 “JOINT FORGE”.
    1-3. EXTERNAL FORCE (EF): the force (SLOVENIA in this case) of military with accompanying supplies and equipment participating in the MSU to be provided with logistic support.
    1-4. HOST NATION SUPPORT (HNS): civil and military assistance rendered by ITALY to the EF on the Italian territory and in the Area of Operations in the former Yugoslavia for the purposes of the MSU.
    1-5. TECHNICAL ARRANGEMENT (TA): the arrangement between the Carabinieri Headquarters and the General Staff of the Slovenian Armed Forces defining the scope and the procedures for the logistic support to be provided by the Host Nation.
    1-6. CONTRIBUTING NATION/SENDING NATION (SN): the Slovenian Nation that provides the EF for the purposes as specified in the OPLAN 10407 “JOINT FORGE”.

Article 2

PURPOSE

2-1. This MOU identifies the scope and the procedures for the Host Nation Logistic Support on behalf of the EF operating in the framework of the NATO MSU in Bosnia, both on the Italian territory and in the Area of Operations in the former Yugoslavia.
    2-2. Though not specifically set forth in this MOU, legal aspects associated with the staging of SN personnel on the Italian territory shall be governed in accordance with Italian and international regulations and legislation.
    2-3. The HNS shall commence with the entry of the initial components of the EF into the territory of the Italian Republic and/or Bosnian territory and shall continue until the last component of the EF departs the above-mentioned territory.

Article 3

RESPONSIBILITIES

3-1. Responsibilities of the Host Nation
    The Host Nation shall:
    a. authorize the entry and transit of the EF in ITALY for its deployment to the Area of Operations;
    b. take all the necessary measures to facilitate the entry, reception, staging, training, movement, deployment, redeployment and supply of the EF;
    c. provide the required logistic support and services (food, fuel, vehicles, labor, hospitalization, links, etc.) as agreed by the Parties in the relevant TA;
    d. authorize the EF personnel to carry individual arms and ammunition on the Italian territory, during transit/training and within military facilities, in accordance with the security measures established by the Carabinieri authorities;
    e. authorize the transportation of weapons and munitions for administrative/logistic purposes only, in coordination with the Carabinieri Headquarters;
    f. provide the EF with the required intelligence data through the MSU Carabinieri Headquarters;
    g. arrange for the provision of goods and services from commercial sources on behalf of the EF, upon specific request and on a reimbursement basis, if compatible with actual availability. However the SN may negotiate contracts for goods and services from commercial sources with HN’s assistance, if required;
    h. ensure, for the EF personnel in the Area of Operations, medical treatment, specialist visits and medical evacuation by military vehicles to medical facilities established at battalion/regiment level at no cost and to the same standard as provided to the Italian armed forces members. Same criteria shall apply for evacuation outside the Area of Operations, hospitalization and specialist visits, tests and medical treatment at a military or civilian hospital on the Italian territory. Otherwise medical assistance will be provided on a reimbursement basis.
    3-2. Responsibilities of the Sending Nation and the External Force
    a. The Sending Nation shall:
    (1) abide by the laws of the Host Nation and respect the culture, traditions and customs of the local population both in Italy and in the Area of Operations;
    (2) have primary responsibility for providing its own EF with logistic support and equipment. Nevertheless, it may utilize goods and services made available by the Host Nation or obtain them through the Host Nation in accordance with the arrangements set forth in the TA;
    (3) reimburse the Host Nation for the costs of all goods and services ceded by Italy, save those items provided for use. Items for use will be carefully utilized and returned to the Host Nation in as good a condition as received, reasonable wear and tear excepted. Costs for the use of HN vehicles will be reimbursed by mileage in accordance with the arrangements set forth in the TA.
    b. The External Force will:
    (1) upon its entry into the Italian territory comply with Customs and Border Police procedures set forth in the TA;
    (2) conduct operations in accordance with agreed plans and procedures;
    (3) abide by the Host Nation laws and police regulations concerning the movement and storage of explosives and hazardous material as well as the regulations concerning the protection of the environment and cultural property;
    (4) comply with the Italian criminal and civil legislation as well as public order regulations;
    (5) in case of death of one or more members of the EF, ask for competent judicial authorization before arranging for the removal of the body;
    (6) provide qualified personnel to coordinate all logistic activities (transportation, communications, messing, medical assistance, postal service, currency exchange, etc.);
    (7) at military areas/installations provide personnel to assist the Italian personnel in controlling the access to the areas/installations and in carrying out the remaining duty services as agreed by the Parties;
    (8) use the infrastructure/facilities granted for use by the Host Nation in accordance with arrangements to be agreed upon in the TA. Any change and/or improvement to such infrastructure facilities shall be subject to authorization by the Host Nation;
    (9) agree not to cede to third parties the goods/services provided for use by the Host Nation unless authorized by the Host Nation itself.
    c. In the Area of Operations the EF shall abide by the laws of the Host Nations, any NATO agreements and directives entered into and shall follow the directions of the MSU Commander to which the EF is subordinate for employment.

Article 4

FINANCIAL ARRANGEMENTS

4-1. The Sending Nations shall reimburse the Host Nation (Carabinieri Headquarters) for all mutually accepted costs incurred by said HQs in supporting the EF. Detailed invoice/claims procedures shall be specified in the TA by mutual agreement. Payments to the Host Nation shall be paid in Italian Lire within 60 days acceptance of the invoice.
    4-2. The EF may procure all necessary goods and services from commercial sources. In this case, costs shall be paid directly to the suppliers of goods and services under the contractual arrangements, in any case prior to leaving the Host Nation/Country’s territory. For the negotiation of contracts, the EF may be assisted by the Host Nation.
    4-3. Costs chargeable to the EF for any good and service from civil/military sources shall be based on the actual cost of each service or good without any element of profit on the part of the Host Nation. Any transport expense borne by the Host Nation shall be reimbursed by the SN as a proportion of the actual use and in compliance with the costs arrangements between the Parties.
    4-4. The expenses for any infrastructure work needed for the preparation of the staging area for the forces, unless they are borne by NATO or reimbursed by NATO to the Host Nation, will be borne by the Host Nation as well through payment of a daily rent as specified in the TA. The EF shall not refund the expenses required to set up the tent camp.
    4-5. All expenses for personal services (meals at mess facilities, private telephone calls, etc.) will be directly borne by the individual.

Article 5

DAMAGES

Any damage caused to the property of either party and to third parties shall be handled in accordance with the Host Nation legislation and regulations applicable to the Italian armed forces. Any dispute shall be settled through diplomatic channels.

Article 6

DISCLOSURE OF INFORMATION

The parties shall take all lawful steps to properly store, handle and safeguard all classified material held, used, generated, supplied or exchanged under this MOU in order to avoid the accidental disclosure of classified information.

Article 7

DURATION

7-1. This MOU shall come into force on the day when the Slovenian side informs the Italian side that all its procedures required for the entry into force of the Memorandum have been fulfilled. The present MOU shall apply provisionally as from the day of its signature. It shall remain valid until either Party requests to terminate it giving a 2 months notice in writing.
    7-2. Thereafter this MOU shall continue to be in effect until all outstanding bills and claims have been settled.

Article 8

AMENDMENTS AND INTERPRETATION

8-1. The contents of this MOU may be reviewed, renegotiated or amended at any time by mutual agreement upon request of either Party.
    8-2. Any difference regarding the interpretation and implementation of this MOU will be resolved by consultation between the Parties without referring to arbitration by international organizations.

Article 9

LANGUAGE

This MOU is written in three original copies in English language.

Article 10

SIGNATURE

In witness whereof, the undersigned, duly authorized by their respective Authorities, have signed this MOU.
    Ljubljana on 27. 10. 1998 and in Rome on 09. 11. 1998.