Uredba o ratifikaciji Memoranduma o soglasju med Vlado Republike Slovenije ter Vrhovnim poveljstvom zavezniških sil v Evropi in Poveljstvom vrhovnega zavezniškega poveljnika za preoblikovanje o zagotavljanju podpore države gostiteljice za izvedbo operacij/vaj Nata

PREAMBLE

The Government of the Republic of Slovenia (HN), represented by the Ministry of Defense (MoD), and the Supreme Headquarters Allied Powers Europe (SHAPE) and Headquarters Supreme Allied Commander Transformation (HQ SACT) hereinafter referred to as Parties:

HAVING REGARD to the provisions of the North Atlantic Treaty dated 4 April 1949 and in particular Article 3 thereof;

HAVING REGARD to the Partnership for Peace Framework Document Issued by the Heads of State and Government Participating in the Meeting of the North Atlantic Council (Framework Document), dated 10 January 1994;

HAVING REGARD to the provision of the Agreement Among States Parties to the North Atlantic Treaty and the Other States Participating in the Partnership for Peace Regarding the Status of Their Forces (PfP SOFA), dated 19 June 1951, and including the Additional Protocol to this Agreement, dated 19 June 1995;

HAVING REGARD to the provisions of the Agreement between the Parties to the North Atlantic Treaty Regarding the Status of Their Forces (NATO SOFA), dated 19 June 1951;

HAVING REGARD to the provisions of the Protocol of the Status of International Military Headquarters set up Pursuant to the North Atlantic Treaty (Paris Protocol), dated 28 August 1952;

HAVING REGARD to the provisions of the Further Additional Protocol to the Agreement among the State Parties to the North Atlantic Treaty and the other States Participating in the Partnership for Peace Regarding the Status of their Forces (Further Additional Protocol), dated 19 December 1997;

HAVING REGARD to the concept of deploying NATO forces and coalition forces under NATO command and control to or through the territory of the Republic of Slovenia (HN) during periods of peace, crisis, emergency, and conflict in support of NATO operations;

HAVING REGARD to the concept of exercises and operations anticipated to take place with NATO, Partnership for Peace (PfP) and other NATO-led forces;

AND IN CONSIDERATION of the needs of the Republic of Slovenia (HN), hereinafter called the Host Nation, and the needs of the Supreme Headquarters Allied Powers Europe (SHAPE) and the Headquarters Supreme Allied Commander Transformation (HQ SACT), hereinafter referred to as Strategic Commands;

THE PARTIES HAVE REACHED THE FOLLOWING AGREEMENT:

DEFINITIONS

For the purposes of this MOU and its supporting documents the following definitions apply:

1.1 Forces. In this MOU the term “forces” means all component of a NATO-led force, to include all personnel animals, materiel, and provisions, together with any civilian components of such forces as defined in the NATO SOFA, Paris Protocol and PfP counterparts. The term also includes all ships, aircraft, vehicles, stores, equipment, ammunition and provisions, as well as all air and sea lift movement resources, together with their support services required to deploy the force. It includes forces operating under NATO command or control or in support of NATO operations.

1.2 NATO Operations. Military actions including exercises, or the carrying out of a strategic, tactical, service, training or administrative military mission performed by forces; the process of carrying on combat, including attach, deployment, supply and maneuvers needed to gain the objectives of any battle or campaign.

1.3 NATO Commander. A military commander in the NATO chain of command.

1.4 NATO Organizations. Headquarters and organized units of forces under NATO command and control.

1.5 International Headquarters. International Military Headquarters in the NATO Integrated command structure. Includes activities that may be temporary detachments or units of the Headquarters.

1.6 National Headquarters. Headquarters of national forces under NATO command and control.

1.7 Multinational Headquarters. Headquarters with personnel from more than one nation formed by agreement of participating nations and under NATO command and control.

1.8 Sending Nations (SNs). Those nations and HQ or its elements deploying to the territory HN in support of NATO Operations.

1.9 Host Nation (HN). The Republic of Slovenia.

1.10 Strategic Commanders or Commands (SC). Supreme Allied Commander Europe (SACEUR) and Supreme Allied Commander Transformation (SACT) whose headquarters are SHAPE and HQ SACT, respectively.

1.11 Host Nation Support (HNS). The civil and military assistance rendered in peace, emergencies, crisis and conflict by a Host Nation to allied forces and organizations, which are located on, operating in or transiting through the Host Nation’s territory, territorial waters or airspace.

1.12 Force Protection (FP). All measures taken and means used to minimize the vulnerability of personnel, facilities, equipment and operations to any threat and in all situations, to preserve freedom of action and the operational effectiveness of force.

1.13 Expenses. Those expenditures associated with the establishment, support and sustainment of national, multinational or international Headquarters, forces or NATO organizations. For the purposes of this MOU and its follow-on documents:

a. NATO Common Costs. Those expenses agreed in advance to be the collective responsibility of the Alliance.

b. Shared Costs. Those expenses agreed in advance to be the shared responsibility of more than one nation. Shared Cost arrangements are usually based on a formula detailed in the relevant Technical Arrangement and/or Joint Implementation Arrangements.

c. Direct National Costs. Those expenses considered the responsibility of a single SN.

1.14 NATO Common Funding. Funds provided by NATO nations and made available upon approval through NATO budgets for Common Costs incurred during the conduct of the operation or exercise specified therein.

1.15 Note of Accession (NOA). A document indicating the intent of an SN to participate in arrangements for HNS under the provisions of this MOU for a specified NATO-led operation.

1.16 Statement of Intent (SOI). A document indicating an SN’s intent to participate in arrangements for HNS under the provisions of this MOU, but subject to certain specific reservations. The HN will confirm whether or not the reservations are acceptable for the provision of HNS.

1.17 Technical Arrangement (TA). A follow-on bilateral arrangement for a specified NATO-led operation. It details the responsibilities and procedures for the provision of HNS by the HN to the NATO commander and SN(s).

1.18 Joint Implementation Arrangement (JIA). A follow-on bilateral arrangement that establishes the commitment between the signatories concerning the provision and receipt of HNS. It includes detailed information on the required and offered support, site-specific procedures for implementation and reimbursement or payment terms.

1.19 Join Host Nation Support Steering Committee (JHNSSC). A committee established on an ad-hoc basis and co-chaired by the HN and NATO commander. The committee, comprised of authorized representatives from all SNs, the HN and NATO Commander, will meet to coordinate the necessary amplifying arrangements regarding HNS, such as the TA and JIA(s), as appropriate.

1.20 Operational Sites. Sites situated in the territory of the HN for the purpose of operational and/or logistic support to the force for NATO-led operations. These sites are detachments of a Strategic Command (SC) under the command and control of the NATO Commander.

1.21 Unless a meaning is specified within this MOU, the NATO Glossary of Terms and Definitions (AAP-6) will apply.

PURPOSE

2.1 The purpose of this MOU is to establish policy and procedures for the establishment of operational sites and the provision of HNS to NATO forces in or supported from the HN, during NATO operations.

2.2 This MOU and its follow-on documents are intended to serve as the basis for planning by the appropriate HN authority and by the NATO Commander anticipating HNS arrangements for a variety of NATO-led operations. These missions include those for which deploying forces have been identified and those for which forces are yet to be identified.

SCOPE AND GENERAL ARRANGEMENTS

3.1. The provisions of the NATO or PfP SOFA, Paris Protocol and The Further Additional Protocol and any other relevant agreements as may be in force between the SC and HN will apply to all NATO operations.

3.2. The HN recognizes operational sites set up under implementation of this MOU to be detachments of the establishing SC and the activities of such detachments to be undertakings of the SC. The sites to be established will be identified in follow-on documents. Command and control arrangements will be assigned in applicable operational plans.

3.3. This MOU is intended to be in accord with NATO doctrine and policy and provides an umbrella arrangement and structure for HNS.

3.4. The HN will provide support within its fullest capacity, subject to availability and within the practical limitations of the circumstances that then exist, to the forces deployed on NATO-led operations. The details of this support will be addressed in follow-on documents.

3.5. The provisions of this MOU apply in peace, emergencies, crisis and conflict or periods of international tension as may be mutually determined by the appropriate HN and NATO authorities.

3.6. While SNs are encouraged to participate in NATO-led operations and to accept the provisions of this MOU as the umbrella document under which HNS is provided by the HN, separate bilateral agreements with individual nations may be taken into account by the HN on a case-by-case basis.

3.7. The HN and SC may designate representatives to negotiate follow on documents that support and amplify this MOU.

3.8. NATO-led operations supported by this MOU may require multinational support air operations by fixed wing aircraft and helicopters, and in the case of ports, by merchant and military support vessels. The HN acknowledges that movement of such aircraft, helicopters, ships and their crews in and through HN territorial areas, will take place under a general clearance for the duration of the operation. The HN will administer/control all aspects of such a clearance.

REFERENCE DOCUMENTS

Reference documents that may be applicable to this MOU are contained at Annex A.

RESPONSIBILITIES

Within the provisions of this MOU:

5.1. Host Nation

a. During development of supporting documents and as changes occur, and following completion of these documents, the HN will provide timely notice to the appropriate NATO Commander concerning the availability or any deficiencies of HNS capabilities. The HN takes note that NATO planners rely on the developed supporting documents to this MOU and require timely notice of planned changes to the national establishment and capabilities.

b. In order to provide support, the HN will make the necessary arrangements with sources of support, to include civil and commercial sources. Commercially procured support will be obtained via a competitive bidding process from the lowest compliant bidder.

c. The HN will keep the administrative and financial records necessary to establish reimbursement to the HN for resources provided to the forces. Records documenting transactions funded through NATO budgets will be made available to NATO as required for audit purposes with translation support provided as required.

d. The standard of goods and services supplied by the HN will be in accordance with the details sat out in the supporting documents.

e. The HN will retain control over its own HNS resources, unless control of such resources is released.

f. The HN will provide, in advance of any NATO-led operation, a price list for any relevant or identified HN support.

g. The HN will invite SNs to accept the provisions of this MOU by either a Note of Accession or Statement of Intent.

h. The HN will provide the procedures for the medical links between HN and SN, including medical POCs.

i. The HN (in coordination with the NATO Commander) will provide to the force, medical and dental support by HN military personnel/facilities under the same conditions as provided to the HN military.

j. During development of supporting documents, the HN will provide the NATO Commander with copies of any health, safety, environmental and agricultural regulations, which may apply to a NATO-led operation, as well as any regulations in respect to the storage, movement, or disposal of hazardous materials.

5.2. NATO Commander

a. The NATO Commander will ensure, to the maximum extent possible, that supporting documents specify the type, quantity, and quality of support required. It is noted that the mission and force structure cannot be specified before designation in an Operation plan (OPLAN) an Operational Order (OPORD), or an Exercise Operational Order (EXOPORD). The NATO Commander will provide supplementary information necessary for HN planning as soon as practicable.

b. The NATO Commander will give timely notice of any change in circumstances to the HN and will propose modification of follow-on documents, as appropriate.

c. The NATO Commander will determine whether Common Funding is available and which requirements are eligible for Common Funding.

d. The NATO Commander will define and prioritize required HNS and approve the pricing for Common Costs.

e. The NATO Commander will ensure financial reimbursement to the HN for agreed HNS if paid for through Common Funding. In all other cases, the NATO Commander will aid so far as possible in the resolution of financial obligations between the HN and the SNs.

f. If SN requirements conflict with the NATO Commander's resource distribution priorities, the appropriate NATO Commander will resolve the conflict with the SNs involved.

g. The NATO Commander will identify personnel and other requirements for the operation of sites to be established in the HN.

h. The NATO Commander will facilitate standardization of support requirements and costs during negotiations and/or at the JHNSSC.

5.3. Sending Nations

a. SNs may elect to participate in the structure and procedures for HNS by accepting the provisions of this MOU through an NOA or by issuing an SOI for a specified NATO operation.

b. SNs will identify HNS requirements to the HN and responsible NATO Commander.

c. For Direct National Cost requirements, the SN will normally participate in negotiations for HNS during the JHNSSC or directly with the HN if a JHNSSC is not established. SNs will provide direct payment or reimbursement for HNS to the HN only for services provided from military sources unless other payment procedures are used as agreed. Under contractual arrangements made by the HN and the SNs, the support provided from commercial or civilian resources will be paid for directly by the SNs.

d. SNs will provide authorized personnel to participate in HNS discussions during the JHNSSC, established.

e. SNs will report changes in HNS requirements to the HN and appropriate NATO Commander as they occur and shall submit revised HNS requirements and/or status reports.

f. SNs are responsible for the cost of any civilian medical or dental services rendered by the HN.

g. SNS must follow HN health, safety, environmental and agricultural regulations and procedures that have been identified for operational sites as well as any HN regulations for the storage, movement or disposal of hazardous materials.

FINANCIAL PROVISIONS

6.1. In accordance with, NATO and/or PfP SOFA and the Paris Protocol, and national approved HNS concepts, activities of International Headquarters, operational sites, NATO-owned and/or chartered vessels, aircraft, vehicles, POL and forces provided to NATO will be free from taxes, duties, administrative fees and similar charges.

6.2. The Paris Protocol, Further Additional Protocol and customary international law which implements immunities and privileges respecting Allied Headquarters will be applied to any International Headquarters, headquarters element, detachment that may deploy to HN following the implementation of a NATO-led operation.

6.3. Where complete exemption from taxes, duties, fees, and similar charges is not possible, charges will not be levied at a higher rate than applied to the HN Armed Forces. All expenses should be processed with the least amount of accompanying administrative requirements.

6.4. Financial transactions, to include the transfer of funds and creation of accounts, at any private or governmental bank institution are to be charged in accordance with HN laws and regulations.

6.5. Final financial arrangements, particularly those related to NATO Common Funding, will likely only be determined just prior to the implementation of a NATO operation. All financial arrangements negotiated beforehand must, however, be specific as to NATO's maximum financial liabilities. Expenses not specifically agreed to as being a NATO funded expense, prior to the expense being incurred, will not receive NATO Common Funding.

6.6. Follow-on documents will provide the initial basis for cost estimates and will serve as the basis for the categorization of expenses as either NATO Common Costs (if applicable). Shared Costs or Direct National Costs.

6.7. Where the NATO Commander determines that certain costs are both eligible and affordable for NATO Common Funding (from approved budget allocations) the SC will authorize Common Funding for those expenses and will either pay directly or reimburse the HN.

6.8. Where certain expenses are determined to be attributable to more than one nation, such expenses may be identified as Shared Costs and may, by the mutual agreement of the nations involved, be shared in accordance with a cost- share formula approved in the TA or other supporting documents.

6.9. Charges for civil and military materiel and services provided by the HN will not be levied at a higher rate than the HN Armed Forces is charged and will not include administrative or overhead surcharges, but may reflect adjustments due to delivery schedules, points of delivery, or similar considerations. Reimbursement will not be paid for support provided by military personnel.

6.10. The NATO Commander and SNs may contract directly with commercial suppliers for supplies, services or other support.

6.11. NATO-owned vehicles and SN military vehicles are self-insured and as such may operate without commercial insurance.

6.12. The HN will not incur any financial liability on behalf of the NATO Commander or the SNs, unless specifically requested to do so in advance by an authorized representative and unless responsibility for payment of the expenses is agreed. Furthermore, no funds will be committed until the NATO Commander or the SNs, as appropriate, approve the relevant supporting documents and direct their implementation.

6.13. Funding has not been allocated in association with this MOU, and this document does not represent a specific funding obligation on the part of the NATO Commander or SNs. Detailed financial arrangements and reimbursement procedures will be specified in the follow-on documents.

6.14. Establishment of operational sites to support a NATO operation does not contemplate Common or SN funded construction or rehabilitation of infrastructure.

LEGAL CONSIDERATIONS

7.1 The SC will perform, or may delegate, legal actions essential for the performance of missions, including, but not limited to, the exercise of capacity to enter into contracts, engage in legal or administrative proceedings, and acquire and dispose of property.

7.2 The status of the forces deployed to the territory of the HN will be determined in accordance with the NATO or PfP SOFA, Paris Protocol and/or Further Additional Protocol.

7.3 Equipment, supplies, products, and materials temporarily imported into and exported from HN territory in connection with a NATO operation, are exempt from all duties, taxes and fees. Other customs procedures will be determined in accordance with the NATO or PfP SOFA, Paris Protocol and Further Additional Protocol, as applicable.

7.4 Non-contractual claims arising out of, or in connection with, the execution of this MOU, will be dealt with in accordance with the provisions of the NATO or PfP SOFA.

7.5 Contract claims will be processed and adjudicated by the HN, through the process governing public contracts and in accordance with HN law, with reimbursement from the NATO Commander or SN, as applicable.

FORCE PROTECTION

8.1. Comprehensive and effective FP will be planned for NATO static headquarters, operations, training and exercises, and will be detailed in OPLANS, EXPLs or supplementary agreements, as appropriate. FP will be implemented in accordance with NATO policy and procedures and in a manner consistent with the NATO or PfP SOFA. Under no circumstances the FP will be required or provided in contrary to the NATO or PfP SOFA or HN laws.

8.2. As appropriate, the HN will inform the SN and NATO Commander of its proposed FP measures, limitations and restrictions.

8.3. As appropriate, each SN is responsible for identifying and providing its FP requirements and limitations to the HN and NATO Commander.

8.4. In addition to those FP responsibilities detailed in NATO FP policy and procedures, the NATO Commander is responsible for coordinating all required and provided HN and SN FP as appropriate to the protection of the Force.

SECURITY AND DISCLOSURE OF INFORMATION

9.1. Parties and SNs will conform to NATO security procedures in the storage, handling, transmitting and safeguarding of all classified material held, used, generated, supplied or exchanged.

9.2. Information provided by any Contracting Party or SN to any other in confidence, and such information produced by any Contracting Party or SN requiring confidentiality, will either retain its original classification, or be assigned a classification that will ensure a degree of protection against disclosure, equivalent to that required by the other Contracting Party or SN.

9.3. Each Participant and SN will take all lawful steps available to it to keep free from disclosure all information exchanged in confidence, unless the other Contracting Parties and/or SNs consent to such disclosure.

9.4. To assist in providing the desired protection, each Contracting Party or SN will mark such information furnished to the other in confidence with a legend indicating its origin, the security classification, the conditions of release, that the information relates to a specific NATO operation, and that it is furnished in confidence.

9.5. Visits by personnel will be arranged in accordance with the procedures specified in C-M (2002) 49, as amended.

COMMENCEMENT, DURATION AND TERMINATION

10.1 This MOU shall enter into force upon signature by the Parties and upon notification by the Republic of Slovenia to the other Parties about fulfillment of all national legal procedures necessary for the entry into force of this MOU.

10.2 All provisions of Sections 6, 7, and 9 will remain in effect in the event of withdrawal of any Contracting Party or upon termination of this MOU until all obligations are fulfilled. SNs will fulfill all obligations in the event of any termination or withdrawal.

MODIFICATION AND INTERPRETATION

11.1 This MOU may be amended or modified in writing by the mutual consent of all Parties.

11.2 Apparent conflicts in interpretation and application of this MOU will be resolved by consultation among the Parties at the lowest possible level and will not be referred to any national or international tribunal or third party for settlement.

11.3 Each Party may terminate this MOU in writing through diplomatic channels. Termination shall take effect three months from the date of receipt of the official notice of its termination.

11.4 This MOU is signed in three originals in the English language, all texts being equally authentic.

The foregoing MOU represents the International Treaty concluded between the Government of the Republic of Slovenia, the Supreme Headquarters Allied Powers Europe and the Headquarters Supreme Allied Commander Transformation upon the matters referred to herein.

SIGNED:

For the Government of the Republic of Slovenia

dr. Ljubica Jelušič (s)

Minister of Defence

Dated: 17 May 2010

Ljubljana, Slovenia

On behalf of the Supreme Headquarters Allied Powers Europe and Headquarters Supreme Allied Commander Transformation

Karl-Heinz Lather (s)

General, DEU A

Chief of Staff

Dated: 14 July 2010 Mons, Belgium

ANNEXES:

A. Reference Documents

B. Note of Accession (NOA)/Statement of Intent (SOI)