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A G R E E M E N T

A G R E E M E N T A G R E E M E N T between THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA and THE GOVERNMENT OF THE REPUBLIC OF POLAND ON THE FORMATION OF A COMMON MILITARY UNIT FOR KEEPING AND RESTORING INTERNATIONAL PEACE AND SECURITY The Government of the Republic of Lithuania and the Government of the Republic of Poland: - Guided by the purposes and principles expressed in the chapters VI and VII of the Charter of the United Nations and in other documents concerning multilateral co-operation for peace and international security; - Implementing provisions of the articles 4 throughout 7 of the Lithuanian -Polish Treaty on friendly relations and good-neighborly co-operation, done in Vilnius on April 26th, 1994; - Taking into account the contents of the Agreement between the Minister of National Defence of the Republic of Lithuania and the Minister of National Defence of the Republic of Poland on establishing bilateral co-operation, done in Vilnius on June 15th, 1993; have agreed upon as follows: Article

  2. The Government of the Republic of Lithuania and the Government of the Republic of Poland, hereinafter called "Parties to this Agreement", shall establish a common military peace support battalion, hereinafter called "Battalion".
  3. The organization and personnel strength of the Battalion and its equipment as well as the scope of participation of the Armed Forces of the Republic of Lithuania and the Armed Forces of the Republic Poland in the composition of the Battalion shall be determined in a separate agreement to be concluded between the Minister of National Defence of the Republic of Lithuania and the Minister of National Defence of the Republic of Poland.
  4. Competent military organs of the Parties to this Agreement, each in its own terms of reference, shall detail national components of the Battalion from their respective armed forces.
  5. The Lithuanian component of the Battalion shall be stationed on permanent basis on the territory of the Republic of Lithuania and the Polish component of the Battalion shall be stationed on permanent basis on the territory of the Republic of Poland. In the period of preparation for operating in the area of the mission, in which the Battalion will participate, it will be stationed at a location agreed upon by competent military organs of the Parties to this Agreement. Article
  7. The Battalion shall be made available for taking part in international missions with the aim of keeping or restoring peace and security, and also in international humanitarian and rescue operations undertaken by the United Nations, Organization for Security and Co-operation in Europe, North Atlantic Treaty Organization, Western European Union or another international organization, whose members are the Republic of Lithuania and the Republic of Poland.
  8. The participation of the Battalion in the missions referred to in paragraph 1 of this Agreement shall take place on the basis of decisions agreed upon by competent organs of the Republic of Lithuania and the Republic of Poland.
  9. Tasks performed by the Battalion during the missions referred to in paragraph 1 of this Agreement shall be assumed out of arrangements made by the international organization which undertaken the mission and shall be accepted by competent organs of the Republic of Lithuania and the Republic of Poland.
  10. Withdrawal of the Battalion from a missions referred to in paragraph 1 of this Agreement shall take place on the basis of the decision taken by competent organs of the Republic of Lithuania and the Republic of Poland, however, such decision be taken by either Party shall bring about the withdrawal of the whole Battalion. Article
  12. Personnel composition of the Battalion's headquarters shall be agreed upon by competent military organs of the Parties to this Agreement.
  13. Commander of the Battalion shall be alternately an officer of the armed forces of the Republic of Lithuania and an officer of the armed forces of the Republic of Poland appointed upon agreement between competent military organs of the Parties to this Agreement. These organs shall also agree on the period throughout which a given officer will command the Battalion.
  14. Until national components of the Battalion are placed under the common command, these components shall be subordinated to competent military organs to which they belong.
  15. The commander of the battalion is responsible to: 1) in the period of the Battalion’s training: - competent organs of the armed forces to whom he belongs; 2) in the period of the Battalion's preparation in the area of the mission in which it will participate: - competent organs of the armed forces of the Republic of Lithuania or the armed forces of the Republic of Poland, whichever prepares the Battalion for that mission; 3) in the period of participation in the mission: - competent organs of the international organization undertaking the mission in which the Battalion participates.
  16. Detailed terms and procedures of commanding the Battalion shall be defined by a separate agreement to be concluded between competent military organs of the Parties to this Agreement.
  17. English shall be the official language of the Battalion. Article
  19. The members of the Battalion's commanding staff shall have the right to issue orders to subordinated soldiers irrespective of to their belonging either to the armed forces of the Republic of Lithuania or the armed forces of the Republic of Poland. The soldiers shall be obliged to perform orders received.
  20. The right to issue orders referred to in paragraph 1 of this Agreement shall be granted in the period of the Battalion's common training, of the Battalion's preparation for operating in the area of the mission, in which it will participate, and of the participation in this mission.
  21. Rules of engagement, including those relating to the use of force, in the area of the mission the Battalion will participate, shall be defined by the international organization undertaking the mission; the employment of the rules shall take place on order given by a competent commander. Article
  23. Soldiers of the national components of the Battalion shall perform military service in accordance with the domestic law of the state, whose they are citizens.
  24. Disciplinary authority in relation to soldiers of the national components of the Battalion shall be exercised by their national commanders in accordance with the domestic laws of the state, whose they are citizens. Article
  26. Status of soldiers of the Lithuanian component of the Battalion stationing on the territory of the Republic of Poland in connection with their military duties and of soldiers of the Polish component of the Battalion stationing on the territory of the Republic of Lithuania in connection with their military duties shall be defined by a separate international agreement.
  27. Crossing of the common state border between the Republic of Lithuania and the Republic of Poland by soldiers of the national components of the Battalion shall take place according to provisions included in the Agreement between the Government of the Republic of Lithuania and the Government of the Republic of Poland on the border crossings, done in Warsaw on August 12th,
  29. Documents giving soldiers of the national components of the Battalion the right to cross the common state border between the Republic of Lithuania and the Republic of Poland and provisions on import and export the Battalion's equipment (armament, military equipment, munitions and materiel) to and from the customs area of either state shall be defined by a separate international agreement.
  30. Status of the Battalion's soldiers in the area of the mission, in which they will participate, shall be defined by international agreements made in connection with this mission. Article
  32. Training of soldiers of the national components of the Battalion shall be handled by competent organs of the armed forces to which those components belong.
  33. Common training of the Battalion's soldiers shall be carried out according to rules and programmes adopted by the Battalion's headquarters.
  34. Detailed terms and procedures of the Battalion's protection, security and safety during common training and preparation for operating in the mission area, in which it will participate, shall be defined by a separate agreement to be concluded between the Minister of National Defence of the Republic of Lithuania and the Minister of National Defence of the Republic of Poland. Article
  36. Information recognised as classified by competent organs of the Republic of Lithuania and the Republic of Poland when made available to the other Party of this Agreement in connection with implementing of this Agreement shall keep the same classification and shall be protected in accordance with the domestic laws of the Party to this Agreement which received this information. Such information may not be disclosed to any third party without prior consent of the Party to this Agreement which made this information available.
  37. Detailed terms and procedures of the protection of the classified information referred in paragraph 1 of this Article are defined in the Agreement between the Government of the Republic of Lithuania and the Government of the Republic of Poland on Protection of Exchanged Classified Military Information, concluded in Alytus on February 14th,
  38. Article
  40. Provision of the national components of the Battalion with armaments, military equipment, munitions and materiel, supplies and financial resources in the period of training and preparation for operating in the area of the mission, in which the Battalion will participate, shall be the responsibility of competent organs of the armed forces to which these components belong.
  41. Detailed terms and procedures of handling the matters referred to in paragraph 1 of this Article shall be agreed upon by competent military organs of the Parties to this Agreement.
  42. Logistic procedures (materials, technical service support, transport, quartermaster services, medical service, etc.) and communication of the Battalion in the area of the mission, in which the Battalion will participate, as well as other detailed matters in connection with the above, shall be determined by a separate agreement to be concluded between competent military organs of the Parties to this Agreement. Such a separate agreement shall take account of the arrangements made by the international organisation undertaking the mission. Article
  44. The Battalion shall be financed by the Republic of Lithuania and the Republic of Poland in proportion to the strength of the Battalion's national components and their armaments, agreed upon in accordance with provisions of the Article 1, paragraph 2 of this Agreement.
  45. Financing of the national components of the Battalion stationed on the territory of the mother country shall be the responsibility of competent organs of the armed forces to which these components belong.
  46. Detailed terms and procedures of financing the Battalion, including insurance of persons, armament and equipment and of financial settlements of training and provision of the Battalion, damages incurred in connection with duties of its Lithuanian component carried out on the territory of the Republic of Poland and Polish component on the territory of Lithuania as well as the operation of the Battalion in the area of the mission, in which the Battalion will participate, shall be defined in a separate agreement to be concluded between the Minister of National Defence of the Republic of Lithuania and the Minister of National Defence of the Republic of Poland. Article
  48. A Lithuanian - Polish Working Group composed of representatives of the Minister of National Defence of the Republic of Lithuania and the Minister of National Defence of the Republic of Poland shall be established to handle routine matters in connection with the formation, equipment, training, preparation and operation of the Battalion. Co-chairmen of the Group shall be individuals, one from each Party, designated by the respective Ministers.
  49. Organisation and working procedures of the Lithuanian - Polish Working Group will be determined by a separate agreement to be concluded between the Minister of National Defence of the Republic of Lithuania and the Minister of National Defence of the Republic of Poland. Article
  50. All disputes about the interpretation or implementation of this Agreement shall be solved by way of direct consultation between the Minister of National Defence of the Republic of Lithuania and the Minister of National Defence of the Republic of Poland. In the event of failing to achieve agreement in this way, disputes shall be solved by diplomatic efforts and shall not be submitted for solving to any international tribunals or other third parties. Article
  51. This Agreement does not infringe rights and obligations defined in bilateral and multilateral agreements concluded by the Republic of Lithuania and the Republic of Poland with other states and international organisation. Article
  53. This Agreement shall be subject to the approval in accordance with the domestic laws of either Party to this Agreement, which shall be acknowledged by exchanging notes confirming such approval. The Agreement shall enter into force within fourteen days from the receipt of note which comes later.
  54. This Agreement shall be of unlimited duration. This Agreement can be amended or supplemented at any time by the mutual consent of the Parties to this Agreement. It may be terminated at any time by either Party to this Agreement by way of a notice. In such event, it shall expire 30 days after the receipt of the notice by the other Party to this Agreement, but not earlier than on the day of return from the mission, in which Battalion participates, of its last element to the country to which armed forces this element belongs
  55. The Agreement ceasing to be in force shall not be reason for expiring claims of expenditure for training, provision, preparation and operation of the Battalion arising out of Articles 7, 9, and 10 of this Agreement. Done in Trakai, on 25 June 1997 in two identical copies, each in Lithuanian, Polish and English, all versions having the same validity. In the event of differences in interpretation, the version in English shall be binding. On behalf of the Government of the Republic of Lithuania On behalf of the Government of the Republic of Poland ÈESLOVAS STANKEVIÈIUS MINISTER OF NATIONAL DEFENCE STANISÙAW DOBRZAÑSKI MINISTER OF NATIONAL DEFENCE

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