Teodor Geršak l. r.
Za Zvezno ministrstvo za obrambo Republike Avstrije
Günther Greindel l. r.
Teodor Geršak l. r.
Za Zvezno ministrstvo za obrambo Republike Avstrije
Günther Greindel l. r.
The Ministry of Defence of the Republic of Slovenia and the Federal Ministry of Defence of the Republic of Austria, hereinafter referred to as “Parties”,
– taking into account that the Government of the Republic of Slovenia has agreed to contribute a military contingent to the United Nations peace-keeping operation in Cyprus,
– taking equally into account that the Government of the Federal Republic of Austria has expressed its readiness to provide on-site experience in peacekeeping missions to the Slovenian Forces within the framework of its own contingent to the UN-Force in Cyprus (UNFICYP), and
– pursuant to the “OKVIRNI SPORAZUM / RAHMENVEREINIGUNG” concluded by the Ministries of Defence of Austria and Slovenia on 25 March 1993,
– have agreed on the joint deployment of their respective contingents to the United Nations Peace-keeping Forces in Cyprus (UNFICYP) under the following terms and conditions:
Article 1
Scope and Specification of Cooperation
1. The Slovenian Party shall contribute a contingent to the United Nations. The United Nations shall put the Slovenian Contingent (SLOCON) under the operational command of the Austrian contingent (AUSCON). The lenght of tour of duty is planned to last six months, as is the case with AUSCON. The present strength of AUSCON, totalling 354 troops, shall not be exceeded. The contribution of the Slovenian Party is limited to one year. This issue shall be subjected to a review by the Parties prior to the second rotation.
2. AUSCONs operational command over SLOCON shall be exercised in line with the United Nations command and control system as stipulated in the Agreement between the Republic of Austria and the United Nations on the Service of Austrian Contingents with UNFICYP (exchange of Notes Verbale between Austria and the United Nations on 21 February 1996). UNFICYP’s “Standing Operating Procedures” (SOPs) shall apply. The Slovenian Personnel shall observe any rules and regulations applicable in the mission area of UNFICYP and instructions ordered by the CO AUSCON and the UN.
3. With a view to synchronizing the training of SLOCON and AUSCON, fundamental instruction at the Austrian Training Centre shall be given to Slovenian personnel. Prior to their departure for the mission area, SLOCON shall undergo a two weeks mission-orientated training at the Austrian Training Centre. This training at the Austrian Training Centre will be conducted in advance of every respective rotation.
4. SLOCONs deployment to UNFICYP shall take place from VIENNA at the time of the AUSCON routine rotation. Transport shall be provided by the United Nations as is standing practice. The deployment shall only take place after consultation with and prior approval of the UN.
Article 2
Logistics and Finance Affairs
1. SLOCON personnel shall be made available fully armed and equipped according to national standards. Respective reimbursement (according to the personnel standard rate) shall be settled between the United Nations and the competent Austrian authorities.
2. Slovenian authorities shall be responsible for monthly payments to each individual of Slovenian Personnel (SLOCON). This payment is established in accordance with regulation on salaries approved by the Governement of the Republic of Slovenia.
3. Regarding standard rates relating to equipment and weapons, Austria shall, within three months of reimbursement received from UN, pay an equivalent amount of US $ to Slovenia.
4. Other questions concerning cost sharing shall be settled in separate arrangements between the appropriate military authorities of the Parties.
5. In the mission area, SLOCON shall be given the same logistical support as AUSCON (rations, accommodation, equipment). Supplies operationally needed, but not covered by the UN, shall be made available to SLOCON by AUSCON.
6. Austria shall not sustain any financial losses in the rentals received from the United Nations for the vehicles and equipment provided as the relevant rates will not be affected by the deployment of SLOCON.
7. Any training expenses, including board and lodging, of Slovenian personnel, shall be settled by agreement between the appropriate military authorities of the Parties.
Article 3
Final Clauses
1. Detailed provisions for the cooperation between the two Contingents shall be laid down in a separate “Technical Agreement”.
2. The Technical Agreement shall also cover all the liabilities and legal aspects of both training and deployment.
3. The present Memorandum is concluded for an indefinite period and may be terminated by either Party, giving notice thereof in writing. The notice on termination should be given not later than on the date of the deployment of the final contingent and the memorandum shall be terminated on the conclusion of their tour of duty.
4. Any amendments to the present Memorandum shall be subject to consent by the two Parties.
5. The Memorandum shall enter into force on the day of receipt of the last of the notes by which the two Parties shall notify each other of the completion of the internal procedures required for bringing this Memorandum into force.
Done in Ljubljana on 1. 7. 1997, in Slovenian and English languages, both texts being equally authentic. In the case of any difference in its interpretation, the English text shall prevail.
For Ministry of Defence of the Republic of Slovenia
Teodor Geršak (s)
For Federal Ministry of Defence of the Republic of Austria
Günther Greindel (s)
Chapter I
Military Affairs
1. TRAINING
Preparatory training for the new task is of paramount importance. In particular key-personnel shall undergo special training. The fundamental instruction (Train the Trainer) to the Slovenian key-personnel, must be given – in advance of every rotation – at the Austrian Training Centre in Vienna. The following is the course of action for SLOCON:
1.1 SLOCON key-personnel shall undergo the same training as is obligatory for the AUSCON key-personnel.
1.2 SLOCON personnel will be trained on personal and crew-served weapons by Slovenian trainers in Slovenia.
1.3. SLOCON personnel will be trained on military pattern vehicles (MPV) by Slovenian trainers in Slovenia.
1.4 SLOCON personnel will undergo mission-orientated training in the Austrian Training Centre for Peace-Keeping Operations (ATC/PKO) two (2) weeks before deployment to mission area. The agreed strength of SLOCON can be exceeded up to 15 for this mission-orientated training.
1.5 23 and 30 September 1997, 1st and 2nd flight to be conducted to the mission area.
2. EXECUTION OF THE MISSION
2.1 SLOCONs authorized strength shall be 10 for all ranks. SLOCON shall provide a Duty Officer, and a Logistics Officer in the BnHQ. Additionally SLOCON shall man the following soldiers of the Second Company, located in the East of Sector 4: The Deputy Company Cdr (temporary for six month period), a Deputy Platoon Leader, and six soldiers of an infantry Platoon, according to the organisationa-chart.
The Slovenian Party shall be responsible for the provision of soldiers who meet job requirements, according to UN standards. In the mission area the CO AUSCON shall be responsible for supervising the performance of Slovenian and Austrian personnel duties.
2.2 AUSCONs grand total 354 for all ranks is not to be exceeded, AUSCON must reduce its strength by 10 to allow for SLOCONs participation.
2.3 SLOCON is to fully rotate its personnel after a six months tour of duty. Any amendment to this routine is to be requested by no later than the preceding rotation.
2.4 AUSCON shall make available to SLOCON its infrastructure and provide command and control, supply, on-site training, and welfare. Official communication (oral or written) within AUSCON shall be conducted both in German and in English.
The use of AUSCONs short-wave home radio service shall be made available in case of emergency at no costs to SLOCON.
3. LOGISTICS
3.1 SLOCON shall be issued clothing, equipment, small arms and ammunition which apart from the basic operational stock is to include training-ammunition as well by the Slovenian Party. The Slovenian Party shall mark the clothing with both national and UN badges according to UN regulations. UN badges shall be provided by the Austrian UN-Training Centre. The storage of the minimum number of necessary spare uniforms, weapons, and of the training-ammunition shall be AUSCONs responsibility.
3.2 AUSCON shall provide free of charge to SLOCON all the items listed in the “Equipment Table for the respective Observation-Post, Second Company”. Any further requests and the financing cover thereof shall be subject to a separate agreement.
3.3 If need is, SLOCON shall be supplied directly from Slovenia. Costs shall be covered by Slovenia.
3.4 The Austrian MOD subsidises the UN Ration Scheme with up to 25 ATS per man and day. For the sake of simplicity and equal treatment, the Slovenian Party shall pay in advance, the equivalent of 25 ATS per man and day AUSCON.
3.5 Slovenian nationally-owned equipment shall be administrated by Logistics Branch/AUSCON.
3.6. SLOCON may avail itself of the Austrian Field Postal Service according to relevant regulations.
3.7 Austria reserves the right to adapt Austrian logistical support to SLOCON to any amended UN reimbursement scheme so as not to incur financial losses as a consequence thereof.
Any such financial obligations shall be borne by Slovenia according to its proportion to participation in the UNFICYP mission.
3.8 The Slovenian Party agrees to the same treatment of its SLOCON members as the AUSCON members with respect to their liability to pay compensation for damaged or lost items of nationally-owned equipment (NOE) or contingent-owned equipment (COE) they have been issued.
3.9 As to rotation flights the same conditions shall apply for AUSCON and SLOCON members, i.e. an overall entitlement of 125 kilograms to include personal weight, equipment, and private items.
3.10 The Slovenian Party shall be responsible for the provision of soldiers who are physically fit according to UN standards. English documentation thereon is to be submitted to the Austrian UN-Training Centre. Likewise, medical documentation in the mission area is to be produced in English. Dental treatment has to be covered nationally.
3.11 For the issue of a UN Driver’s Permit an International Driving Licence (or a certified translation of the Slovenian military driving licence) has to be submitted. Documentation on any accidents involving COE, NOE or UN-hired vehicles are to be made available to the Austrian Party for legal pursual regarding possible compensation claims.
3.12 Commander SLOCON shall be endowed with the same welfare fund (per man) as Commander AUSCON.
4. FINANCIAL PROVISIONS OF PARTICIPATION
4.1 The Slovenian Party shall bear any expenses incurred by insurance cover and travel from and to Ljubljana to and from the Austrian UN Training Centre, VAN SWIETEN BARRACKS, Vienna.
4.2 The Austrian Party shall provide free of carge board and lodging within AUSTRIA.
Chapter II
Legal Affairs
1. TRAINING IN AUSTRIA
1.1 During their stay in Austria, the Slovenian trainees shall be subject to Austrian civil and criminal law in accordance with relevant bilateral agreement in force between the Republic of Slovenia and the Republic of Austria. Disciplinary action shall be restricted to Slovenian authorities.
1.2 During their stay in Austria, the Slovenian trainees shall be treated equally to the Austrian trainees with regards to training, board and lodging, and medical treatment.
1.3 The following measures shall be taken by the Ministry of Defence of the Republic of Slovenia:
– delivery of a individual list of the Slovenian soldiers specified for transfer to the Austrian UN Training Centre,
– submission of nominal rolls of Slovenian trainees earmarked for secondment to the Austrian UN-Training Centre,
– production of documents for the customs clearance,
– obtaining authorisation for the import into, transport through, and export out of Austria of SLOCONs material,
– transport of material in sealed containers through Austrian territory,
– maintenance of discipline of Slovenian trainees during their travel to and from as well as during their stay in Austria,
– restriction of driving only to within the bounds of the Austrian UN-Training Centre, unless authority has been obtained from its staff, and
– medical care for Slovenian trainees during travel and stay in Austria and compensation of expenses incurred in military or civilian installations.
1.4 The following measures shall be taken by the Federal Ministry of Defence of the Republic of Austria:
– provision for Slovenian trainees to leave the Austrian UN Training Centre in uniform or in civilian clothes, provided they carry their passports with them,
– provision of training as well as board and lodging, and
– medical support and evacuation of Slovenian Trainees to relevant medical installations, if required.
1.5 In case of persons injured or killed and/or property damaged or destroyed by Slovenian trainees being trained under the MOU (Memorandum of Understanding), the Slovenian Party shall be made liable according to relevant bilateral agreement in force between the Republic of Slovenia and the Republic of Austria.
1.6 In case of injury or death of a member of the Austrian Armed Forces and/or damage or destruction of Austrian property by Slovenian soldiers as well as in the opposite case, a joint committee, to convene no later than one month following the event and to include one Slovenian and one Austrian representative (the latter to be nominated by the Inspector-General), shall decide on the question of compensation.
2. OPERATION IN CYPRUS
2.1 In case of injury or death of member of the Austrian Armed Forces and/or damage or destruction of Austrian property by Slovenian soldiers as well as in the oposite case, the two Contingent Commanders shall launch initial investigations. In the event that any compensations due are not settled by the UN, the result of the investigation shall be forwarded to the Austrian and Slovenian MOD for further action.
2.2 A decision concerning repatriation of any member of the Slovenian personnel on disciplinary grounds from the mission-area requires the approval by the Force Commander of UNFICYP. The Slovenian authorities shall, upon approval of the decision, be responsible for the immediate repatriation of the person concerned.
In case of repatriation for medical reasons, Austria will provide the Slovenian personnel the same support and services as the Austrian personnel.
In case of repatriation for private reasons, Slovenian shall cover all costs of repatriation, if not covered as a UN expence.
2.3 Criminal and disciplinary jurisdiction in the mission area is a national responsibility. The Slovenian military authorities shall thus be responsible for imposing penalties, disciplinary measures and other sanctions or measures according to Slovenian criminal legislation and procedural legislation. Before the execution of military penalty or disciplinary measure in the mission area, the Senior of SLOCON shall consult with the CO AUSCON. CO AUSCON shall be kept informed by the Senior SLOCON of both civil and military offences committed by Slovenian Personnel.
2.4 The Slovenian Personnel will be subject to the authority of the UN Military Police to the same extent as Austrian Personnel.
Chapter III
Final Clauses
1. The present Technical Arrangement shall enter into force upon the date of entry into force of the Memorandum of Understanding, and shall remain in force as long as the Memorandum of Understanding.
2. The present Technical Arrangement may be amended by mutual consent.
Done at Ljubljana on 1. 7. 1997, in two originals in Slovenian and English languages, both texts being equally authentic. In the case of any difference in its interpretation, the English text shall prevail.
For Ministry of Defence of the Republic of Slovenia
Teodor Geršak (s)
For Federal Ministry of Defence of the Republic of Austria
Günther Greindel (s)