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Considering that the North Atlantic Treaty Organization is conducting contingency planning in coordination with the United Nations to support the implementation of a peace plan in Bosnia and Herzegovina or a possible withdrawal of U.N. Forces from former Yugoslavia, and may be requested by the United Nations to execute either such operation;
Considering the necessity to establish adequate transit arrangements for the execution/implementation of this Operation;
It is agreed that:
1. For the purposes of the present agreement, the following expressions shall have the meanings hereunder assigned to them:
- "the Operation" means the support, implementation, preparation and participation by NATO and NATO personnel in a peace plan in Bosnia and Herzegovina or a possible withdrawal of U.N. Forces from former Yugoslavia;
- "NATO personnel" means the civilian and military personnel of the North Atlantic Treaty Organization with the exception of personnel locally hired;
- "NATO" means the North Atlantic Treaty Organization, its subsidiary bodies, its military Headquarters and all its constituent national elements/units acting in support of, preparing and participating in the Operation.
2. The Government of the Federal Republic of Yugoslavia shall allow the free transit over land, rail, road, water or through air of all personnel and cargo, equipment, goods and material of whatever kind, including ammunition required by NATO for the execution of the Operation, through the territory of the Federal Republic of Yugoslavia including Federal Republic of Yugoslavia airspace and territorial waters.
3. The Government of the Federal Republic of Yugoslavia shall provide or assist to provide, at the lowest cost, such facilities or services as determined by NATO as are necessary for the transit.
4. NATO shall be exempt from providing inventories or other routine customs documentation on personnel, equipment, supplies, and provisions entering, exiting, or transiting the Federal Republic of Yugoslavia territory in support of the Operation. The Federal Republic of Yugoslavia authorities shall facilitate with all appropriate means all movements of personnel, vehicles and/or supplies, through ports, airports or roads used. Vehicles, vessels and aircraft in transit shall not be subject to licensing or registration requirements, nor commercial insurance. NATO shall be permitted to use airports, roads and ports without payment of duties, dues, tolls or charges. NATO shall not claim exemption for reasonable charges for services requested and received, but transit shall not be allowed to be impeded pending negotiations on payment for such services. The modes of transport will be communicated by NATO to the Government of the Federal Republic of Yugoslavia in advance. The routes to be followed will be commonly agreed upon.
5. The provision of the Convention on the Privileges and Immunities of the United Nations of 13 February 1946 concerning experts on mission shall apply mutatis mutandis to NATO personnel involved in the transit, except as otherwise provided for in the present Agreement. Moreover, NATO, its property and assets shall enjoy the privileges and immunities specified in that Convention and as stated in the present agreement.
6. All personnel enjoying privileges and immunities under this Agreement shall respect the laws of the Federal Republic of Yugoslavia, insofar as respect for said laws is compatible with the entrusted tasks/mandate and shall refrain from activities not compatible with the nature of the operation.
7. The Government of the Federal Republic of Yugoslavia recognizes the need for expeditious departure and entry procedures for NATO personnel. They shall be exempt from passport and visa regulations and the registration requirements applicable to aliens. NATO personnel shall carry identification which they may be requested to produce for Federal Republic of Yugoslavia authorities, but transit shall not be allowed to be impeded or delayed by such requests.
8. NATO military personnel shall normally wear uniforms, and NATO personnel may possess and carry arms if authorized to do so by their orders. The Federal Republic of Yugoslavia authorities shall accept as valid, without tax or fee, drivers' licenses and permits issued to NATO personnel by their respective national authorities.
9. NATO shall be permitted to display the NATO flag and/or national flags of its constituent national elements/units on any NATO uniform, means of transport or facility.
10. NATO military personnel under all circumstances and at all times shall be subject to the exclusive jurisdiction of their respective national elements in respect of any criminal or disciplinary offenses which may be committed by them in the Federal Republic of Yugoslavia. NATO and the Federal Republic of Yugoslavia authorities shall assist each other in the exercise of their respective jurisdictions.
11. As experts on mission, NATO personnel shall be immune from personal arrest or detention. NATO personnel mistakenly arrested or detained shall immediately be turned over to NATO authorities.
12. NATO personnel and their tangible movable property in transit through the Federal Republic of Yugoslavia shall also be exempt from all identifiable taxes by the Government of the Federal Republic of Yugoslavia.
13. NATO shall be allowed to operate its own telecommunications services. This shall include the right to utilize such means and services as required to assure full ability to communicate, and the right to use all of the electro-magnetic spectrum for this purpose, free of cost. In implementing this right, NATO shall make every reasonable effort to coordinate with and take into account the needs and requirements of appropriate Federal Republic of Yugoslavia authorities.
14. Claims for damage or injury to Federal Republic of Yugoslavia Government personnel or property, or to private persons or property shall be submitted through the Federal Republic of Yugoslavia governmental authorities to the designated NATO Representatives.
15. Failing any prior settlement, disputes with regard to the interpretation or application of the present agreement shall be settled between the Federal Republic of Yugoslavia and NATO Representatives by diplomatic means.
16. The provisions of this agreement shall also apply to the civilian and military personnel, property and assets of national elements/units of NATO states, acting in connection to the Operation of the relief for the civilian population which however remain under national command and control.
17. Supplemental arrangements may be concluded to work out details for the transit also taking into account its further development.
18. The Government of the Federal Republic of Yugoslavia shall accord for the transit of non-NATO states and their personnel participating in the Operation the same privileges and immunities as those accorded under this agreement to NATO states and personnel.
19. The provisions of this agreement shall remain in force until completion of the Operation or as the Parties otherwise agree.
20. This Agreement shall enter into force upon signature.
Done at Wright-Patterson Air Force Base, Ohio on November 21, 1995 and at Brussels on November 23, 1995.
For the Federal Republic of Yugoslavia:
For the North Atlantic Treaty Organisation: