Appendix B to Annex 1A
Agreement Between the Republic of Bosnia and Herzegovina and the North Atlantic Treaty Organisation (NATO)
Concerning the Status of NATO and its Personnel
The Republic of Bosnia and Herzegovina and the North Atlantic Treaty
Organisation have agreed as follows:
- 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 Organisation with the exception of personnel locally hired;
- "NATO" means the North Atlantic Treaty Organisation, its subsidiary bodies,
its military Headquarters and all its constituent national elements/units acting
in support of, preparing and participating in the Operation;
- "Facilities" mean all premises and land required for conducting the
operational, training and administrative activities by NATO for the Operation as
well as for accommodations of NATO personnel.
- The provisions 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 Operation, 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.
- All personnel enjoying privileges and immunities under this Agreement shall
respect the laws of the Republic of Bosnia and Herzegovina insofar as it is
compatible with the entrusted tasks/mandate and shall refrain from activities
not compatible with the nature of the Operation.
- The Government of the Republic of Bosnia and Herzegovina 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 the authorities of the Republic of Bosnia and
Herzegovina but operations, training and movement shall not be allowed to be
impeded or delayed by such requests.
- NATO military personnel shall normally wear uniforms, and NATO personnel may
possess and carry arms if authorized to do so by their orders. The authorities
of the Republic of Bosnia and Herzegovina shall accept as valid, without tax or
fee, drivers' licenses and permits issued to NATO personnel by their respective
national authorities.
- 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.
- 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 Republic of Bosnia and Herzegovina. NATO and the authorities of the
Republic of Bosnia and Herzegovina shall assist each other in the exercise of
their respective jurisdictions.
- 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.
- NATO personnel shall enjoy, together with their vehicles, vessels, aircraft
and equipment, free and unrestricted passage and unimpeded access throughout the
Republic of Bosnia and Herzegovina including airspace and territorial waters of
the Republic of Bosnia and Herzegovina. This shall include, but not be limited
to, the right of bivouac, maneuver, billet, and utilization of any areas or
facilities as required for support, training, and operations. NATO shall be
exempt from providing inventories or other routine customs documentation on
personnel, vehicles, vessels, aircraft, equipment, supplies, and provisions
entering, exiting, or transiting the territory of the Republic of Bosnia and
Herzegovina in support of the Operation. The authorities of the Republic of
Bosnia and Herzegovina shall facilitate with all appropriate means all movements
of personnel, vehicles, vessels, aircraft, equipment or supplies, through ports,
airports or roads used. Vehicles, vessels and aircraft used in support of the
Operation shall not be subject to licensing or registration requirements, nor
commercial insurance. NATO will use airports, roads and ports without payment of
duties, dues, tolls or charges. However, NATO shall not claim exemption from
reasonable charges for services requested and received, but operations/movement
and access shall not be allowed to be impeded pending payment for such services.
- NATO personnel shall be exempt from taxation by the Republic of Bosnia and
Herzegovina on the salaries and emoluments received from NATO and on any income
received from outside the Republic of Bosnia and Herzegovina.
- NATO personnel and their tangible movable property imported into or acquired
in the Republic of Bosnia and Herzegovina shall also be- exempt from all
identifiable taxes by the Republic of Bosnia and Herzegovina, except municipal
rates for services enjoyed, and from all registration fees and related charges.
- NATO shall be allowed to import and to export free of duty or other
restriction equipment, provisions, and supplies, necessary for the Operation,
provided such goods are for the official use of NATO or for sale via
commissaries or canteens provided for NATO personnel. Goods sold shall be solely
for the use of NATO personnel and not transferable to other parties.
- It is recognized by the Government of the Republic of Bosnia and Herzegovina
that the use of communications channels shall be necessary for the Operation.
NATO shall be allowed to operate its own internal mail and telecommunications
services, including broadcast 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
authorities of the Republic of Bosnia and Herzegovina.
- The Government of the Republic of Bosnia and Herzegovina shall provide, free
of cost, such facilities NATO needs for the preparation for and execution of the
Operation. The Government of the Republic of Bosnia and Herzegovina shall assist
NATO in obtaining, at the lowest rate, the necessary utilities such as
electricity, water and other resources necessary for the Operation.
- Claims for damage or injury to Government personnel or property, or to
private personnel or property of the Republic of Bosnia and Herzegovina shall be
submitted through governmental authorities of the Republic of Bosnia and
Herzegovina to the designated NATO Representatives.
- NATO shall be allowed to contract direct with suppliers for services and
supplies in the Republic of Bosnia and Herzegovina without payment of tax or
duties. Such services and supplies shall not be subject to sales and other
taxes. NATO may hire local personnel who shall remain subject to local laws and
regulations. However, local personnel hired by NATO shall:
- be immune from legal process in respect of words spoken or written and all
acts performed by them in their official capacity;
- be immune from national services and/or national military service
obligations;
- be exempt from taxation on the salaries and emoluments paid to them by NATO.
- NATO may in the conduct of the Operation, have need to make improvements or
modifications to certain infrastructure of the Republic of Bosnia and
Herzegovina such as roads, utility systems, bridges, tunnels, buildings, etc.
Any such improvements or modifications of a non-temporary nature shall become
part of and in the same ownership as that infrastructure. Temporary improvements
or modifications may be removed at the discretion of the NATO Commander, and the
facility returned to as near its original condition as possible.
- Failing any prior settlement, disputes with regard to the interpretation or
application of the present agreement shall be settled between the Republic of
Bosnia and Herzegovina and NATO Representatives by diplomatic means.
- 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 or the relief for the civilian
population which however remain under national command and control.
- Supplemental arrangements may be concluded to work out details for the
Operation also taking into account its further development.
- The Government of the Republic of Bosnia and Herzegovina shall accord
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.
- The provisions of this agreement shall remain in force until completion of
the Operation or as the Parties otherwise agree.
- This Agreement shall enter into force upon signature.
Done at Wright-Patterson Air Force Base, Ohio on November 21, 1995 and
in Paris on December 14, 1995.
For the Republic of Bosnia and Herzegovina:
For the North Atlantic Treaty Organisation:
Office of the High Representative
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