Zakon o ratifikaciji Sporazuma o sodelovanju med Vlado Republike Slovenije in Organizacijo Severnoatlantskega pakta (MSOSAP)
OBJAVLJENO V: Uradni list RS (mednarodne) 23-57/1998, stran 403 DATUM OBJAVE: 23.12.1998
RS (mednarodne) 23-57/1998
O RAZGLASITVI ZAKONA O RATIFIKACIJI SPORAZUMA O SODELOVANJU MED VLADO REPUBLIKE SLOVENIJE IN ORGANIZACIJO SEVERNOATLANTSKEGA PAKTA (MSOSAP)
Republike Slovenije
Milan Kučan l. r.
O RATIFIKACIJI SPORAZUMA O SODELOVANJU MED VLADO REPUBLIKE SLOVENIJE IN ORGANIZACIJO SEVERNOATLANTSKEGA PAKTA (MSOSAP)
1. člen
2. člen
Secretary General
SG/97/717 (E) 31 July 1997
Dear Minister,
I have the honour to refer to the General Framework Agreement for Peace in Bosnia and Herzegovina (Peace Agreement) dated 14th December 1995, and the United Nations Security Council Resolution (UNSCR) No. 188 dated 12th December 1996 providing for the establishment of a Stabilization Force (SFOR) in the Republic of Bosnia and Herzegovina.
In accordance with the Peace Agreement and the UNSCR, the North Atlantic Treaty Organization has decided to establish a multinational SFOR involving NATO and no-NATO forces. Therefore, based upon previous discussions and communications, I accept with appreciation the offer of the Government of the Republic of Slovenia to provide to the SFOR three 412 Bell helicopters and one Turbolet transport aircraft on call in Slovenia with air crews, supervisory staff and maintenance crews for non-combat transportation missions. It is my understanding that it is the intention of the Government of the Republic of Slovenia to maintain its participation in the SFOR until SFOR’s mandate is terminated. Thereafter, this contribution may be extended by mutual agreement.
The principles concerning the establishment, functions, and responsibilities of the SFOR are set out in the Peace Agreement, the UNSCR, and NATO’s operational planning documents. It is understood that your ultimate decision with respect to participation will be contingent upon your acceptance of the provisions of these documents. I seek your agreement that the Slovenian contingent shall conduct itself in accordance with the terms of these documents and any changes to them throughout the course of the operation. Also, I would like to emphasize the importance of continuity of service of units in the SFOR and to seek your agreement that the Slovenian contingent will not be withdrawn without at least four months prior notification to the Commander, SFOR (COMSFOR), except as otherwise agreed.
I draw your attention to the Status of Forces Agreements between NATO and the Republic of Croatia, and the Republic of Bosnia and Herzegovina, and the agreement on transit arrangements between NATO and the Federal Republic of Yugoslavia, as well as the other agreements, which set out the rights, obligations, privileges and immunities of the SFOR and its members when present in those respective host nations. I trust you will confirm that the appropriate authorities of your national contingent shall take the necessary measures to assure the maintenance of proper discipline of your personnel and to exercise jurisdiction with respect to any crime or disciplinary offence which might be committed by your personnel. Of particular importance are paragraph 21 of both SOFAs and 18 of the Transit Arrangements, which stipulate that individual SFOR members from each non-NATO troop contributing nation shall enjoy the same rights, privileges and immunities as accorded to NATO personnel, and paragraph 3 of both SOFAs and 6 of the Transit Arrangements, which require SFOR personnel to respect the laws of the host nation and to avoid any activities incompatible with the nature of the operation carried out by SFOR. With regard to criminal jurisdiction, paragraph 7 of both SOFAs and 10 of the Transit Arrangements state that SFOR military personnel shall be subject to the exclusive jurisdiction of their respective national elements in respect of any criminal or disciplinary offences which may be committed by them in the host nation.
With reference to the Peace Agreement, I seek your agreement that national contingents provided to the SFOR, having fully arrived in the Theatre Area of Operarions and having been assessed as capable of performing its assigned SFOR mission, shall be placed under the operational control of the Supreme Allied Commander Europe (SACEUR) and subject to NATO Rules of Engagement. SACEUR will assume overall authority for the operation and operational command or control, designating the Commander in Chief Allied Land Forces Central Europe as the commander in Theatre of the SFOR. The COMSFOR will issue orders to the national contingents through the chain of command established by him. Non-NATO nations will retain national command of their own contingents.
The exchange of SFOR classified information between NATO and non-NATO nations will be carried out in accordance with Security Agreements to be executed by all participating nations.
Any issues not covered in the present letter remain the responsibility of the Government of the Republic of Slovenia and will not entail any financial responsibility of NATO or any of the national constituent elements of the SFOR.
Troop contributing nations will have the right to participate in the International Coordination Centre (ICC) at SHAPE.
Troop contributing nations can address issues of a political nature concerning the operation to the NATO Secretary General.
COMSFOR will utilize national contingents in accordance with their capabilities taking into account the advice of the contingent Commander.
I have the honour to propose that this letter and your reply confirming the agreement of your government to the terms thereof, shall constitute an agreement which shall enter into force on the date on which the Government of the Republic of Slovenia informs the NATO that all its procedures required for the entering into force of this Agreement have been fulfilled; it shall however be applied provisionally as of the date of your reply.
Please accept, dear Minister, the assurance of my highest esteem.
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Zoran Thaler
Minister of Foreign Affairs
Ljubljana, 11 August 1997
Dear Mr. Secretary General,
I have the honour to acknowledge receipt of your letter of 31 July 1997 which reads as follows:
“I have the honour to refer to the General Framework Agreement for Peace in Bosnia and Herzegovina (Peace Agreement) dated 14th December 1995, and the United Nations Security Council Resolution (UNSCR) No. 188 dated 12th December 1996 providing for the establishment of a Stabilization Force (SFOR) in the Republic of Bosnia and Herzegovina.
In accordance with the Peace Agreement and the UNSCR, the North Atlantic Treaty Organization has decided to establish a multinational SFOR involving NATO and no-NATO forces. Therefore, based upon previous discussions and communications, I accept with appreciation the offer of the Government of the Republic of Slovenia to provide to the SFOR three 412 Bell helicopters and one Turbolet transport aircraft on call in Slovenia with air crews, supervisory staff and maintenance crews for non-combat transportation missions. It is my understanding that it is the intention of the Government of the Republic of Slovenia to maintain its participation in the SFOR until SFOR’s mandate is terminated. Thereafter, this contribution may be extended by mutual agreement.
The principles concerning the establishment, functions, and responsibilities of the SFOR are set out in the Peace Agreement, the UNSCR, and NATO’s operational planning documents. It is understood that your ultimate decision with respect to participation will be contingent upon your acceptance of the provisions of these documents. I seek your agreement that the Slovenian contingent shall conduct itself in accordance with the terms of these documents and any changes to them throughout the course of the operation. Also, I would like to emphasize the importance of continuity of service of units in the SFOR and to seek your agreement that the Slovenian contingent will not be withdrawn without at least four months prior notification to the Commander, SFOR (COMSFOR), except as otherwise agreed.
I draw your attention to the Status of Forces Agreements between NATO and the Republic of Croatia, and the Republic of Bosnia and Herzegovina, and the agreement on transit arrangements between NATO and the Federal Republic of Yugoslavia, as well as the other agreements, which set out the rights, obligations, privileges and immunities of the SFOR and its members when present in those respective host nations. I trust you will confirm that the appropriate authorities of your national contingent shall take the necessary measures to assure the maintenance of proper discipline of your personnel and to exercise jurisdiction with respect to any crime or disciplinary offence which might be committed by your personnel. Of particular importance are paragraph 21 of both SOFAs and 18 of the Transit Arrangements, which stipulate that individual SFOR members from each non-NATO troop contributing nation shall enjoy the same rights, privileges and immunities as accorded to NATO personnel, and paragraph 3 of both SOFAs and 6 of the Transit Arrangements, which require SFOR personnel to respect the laws of the host nation and to avoid any activities incompatible with the nature of the operation carried out by SFOR. With regard to criminal jurisdiction, paragraph 7 of both SOFAs and 10 of the Transit Arrangements state that SFOR military personnel shall be subject to the exclusive jurisdiction of their respective national elements in respect of any criminal or disciplinary offences which may be committed by them in the host nation.
With reference to the Peace Agreement, I seek your agreement that national contingents provided to the SFOR, having fully arrived in the Theatre Area of Operarions and having been assessed as capable of performing its assigned SFOR mission, shall be placed under the operational control of the Supreme Allied Commander Europe (SACEUR) and subject to NATO Rules of Engagement. SACEUR will assume overall authority for the operation and operational command or control, designating the Commander in Chief Allied Land Forces Central Europe as the commander in Theatre of the SFOR. The COMSFOR will issue orders to the national contingents through the chain of command established by him. Non-NATO nations will retain national command of their own contingents.
The exchange of SFOR classified information between NATO and non-NATO nations will be carried out in accordance with Security Agreements to be executed by all participating nations.
Any issues not covered in the present letter remain the responsibility of the Government of the Republic of Slovenia and will not entail any financial responsibility of NATO or any of the national constituent elements of the SFOR.
Troop contributing nations will have the right to participate in the International Coordination Centre (ICC) at SHAPE.
Troop contributing nations can address issues of a political nature concerning the operation to the NATO Secretary General.
COMSFOR will utilize national contingents in accordance with their capabilities taking into account the advice of the contingent Commander.
I have the honour to propose that this letter and your reply confirming the agreement of your government to the terms thereof, shall constitute an agreement which shall enter into force on the date on which the Government of the Republic of Slovenia informs the NATO that all its procedures required for the entering into force of this Agreement have been fulfilled; it shall however be applied provisionally as of the date of your reply.”
I am pleased to inform you of my Government’s acceptance of said letter, which together with this reply confirming the agreement of my Government to the terms thereof, constitute an agreement which shall enter into force on the date on which the Government of the Republic of Slovenia informs the NATO that all its procedures required for the entering into force of this Agreement have been fulfilled; it shall however be applied provisionally as of the date of this reply.
Please accept, Mr. Secretary General, the expression of my highest esteem.
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SG/97/717 (E) 31. julij 1997