FRAMEWORK AGREEMENT

between the European Union and the United Nations for the Provision of Mutual Support in the context of their respective missions and operations in the field

WHEREAS, in the Joint Statement on UN-EU Cooperation in Crisis Management signed on 7 June 2007, the Secretary-General of the United Nations and the Presidency of the Council of the European Union reaffirmed their determination to enhance mutual cooperation and coordination in the area of crisis management, including through the establishment of specific coordination and cooperation mechanisms for crisis and post-conflict situations where the United Nations and the European Union are engaged;

WHEREAS, to enhance such mutual cooperation and coordination, the United Nations and the European Union have agreed to establish a framework agreement for the mutual provision of logistic, administrative and security support by United Nations peace operations and political missions (hereafter ‘UN Missions’) and European Union Common Security and Defence Policy military and civilian crisis management operations (hereafter ‘EU Operations’) engaged in crisis and post-conflict situations in the field;

WHEREAS, expenditure arising from European Union civilian operations are borne by the budget of the European Union and implemented by the European Commission;

WHEREAS, pursuant to Article 41(2) of the Treaty on European Union, expenditure arising from EU Operations having military or defence implications are borne by the Member States of the European Union;

WHEREAS, pursuant to European Union Council decision (CFSP) 2015/528 of 27 March 2015, ATHENA is the mechanism entrusted with the administration of the common and nation borne costs of EU Operations having military or defence implications;

WHEREAS the United Nations and the European Union each confirm that they are authorized to enter into this framework agreement, and to undertake the responsibilities herein contained;

NOW, THEREFORE, the United Nations and the European Union (individually a ‘Party’ and collectively the ‘Parties’) agree as follows:

Article 1 Purpose and scope 1.1 This agreement (‘Agreement’) sets out the framework for the provision of mutual logistic, administrative and security support by UN Missions and EU Operations engaged in crisis and post-conflict situations in the field. 1.2 This Agreement shall not apply to: (i) Logistics or other support provided to UN Missions or EU Operations by their respective Member States on a bilateral basis; (ii) UN Mission-EU Operation cooperation or assistance arrangements, other than for the provision of logistic, administrative and security support; or (iii) UN Mission-EU Operation cooperation or assistance arrangements concluded prior to the date of this Agreement.

Article 2 General principles 2.1 The competent authorities of the Parties may enter into arrangements for the provision of mutual logistic, administrative and security support (hereafter ‘Support’) by UN Missions and EU Operations engaged in crisis and post-conflict situations in the field. 2.2 The provision of Support shall be subject to the UN Missions’ and EU Operations’ respective capabilities and areas of deployment and without prejudice to their ability to carry out their respective mandates. 2.3 The provision of Support shall be subject to the Parties respective regulations, rules, established practices and procedures (hereafter ‘Regulations and Rules’).

Article 3 Technical implementation arrangements 3.1 The detailed modalities and financial arrangements applicable to the provision of Support shall be agreed on a case-by-case basis and set out in mission-specific technical implementation arrangements concluded pursuant to Article 2 of this Agreement (hereafter ‘Technical Implementation Arrangements’). Where applicable the European Union shall furthermore ensure that Technical Implementation Arrangements shall be concluded by the competent authorities acting on behalf of ATHENA. 3.2 Neither Party shall be: (i) obliged to provide Support to the other, save as expressly set out in a Technical Implementation Arrangement; or (ii) liable to the other for its inability, in whole or in part, to provide such Support. 3.3 In case of conflict between this Agreement and any Technical Implementation Arrangement, the terms of this Agreement shall prevail.

Article 4 Planning and coordination 4.1 The Parties shall each designate an official (hereafter the ‘UN Coordinator’ and the ‘EU Coordinator’, respectively) to coordinate the provision of Support pursuant to this Agreement. 4.2 Save as otherwise agreed between the Parties, the UN Coordinator and the EU Coordinator shall be the point of contact for all matters arising in respect of this Agreement. 4.3 The UN Coordinator and the EU Coordinator shall consult on a regular basis to review and coordinate the timely provision to the other of all relevant information as may be required for the purposes of planning, identifying, prioritizing and coordinating UN Mission and EU Operation Support requirements.

Article 5 Categories of support 5.1 Technical Implementation Arrangements concluded pursuant to this Agreement may include the following categories of Support (i) the provision of logistic goods, supplies or services; (ii) the transfer (sale) of equipment; (iii) the construction, refurbishment and/or handover of infrastructure; (iv) the provision of security or protection services to personnel and/or property and/or (v) the exchange of classified information. 5.2 The above-mentioned categories of Support are for illustrative purposes only and shall not be interpreted as exclusive, or as a commitment to provide such Support.

Article 6 Provisions on support 6.1 The provision of logistic goods, supplies or services pursuant to a Technical Implementation Arrangement may include, but shall not be limited to the categories of logistic goods, supplies and services set out in Annex 1 of this Agreement. (i) Unless otherwise agreed in writing in the applicable Technical Implementation Arrangement, the quality of logistic goods, supplies or services provided by the UN Mission or the EU Operation to the other shall be of equal quality and calibre to that enjoyed by the provider’s own personnel; (ii) For purposes of providing the logistic goods, supplies or services, the UN Mission and the EU Operation may draw on existing contracts or arrangements entered into by or on behalf of the provider; the Parties shall ensure that all services, equipment, supplies purchased by or on behalf of the provider shall be procured in accordance with the Regulations and Rules of the provider. 6.2 The transfer of equipment pursuant to a Technical Implementation Arrangement may include, but shall not be limited to, the categories of equipment set out in Annex 2 of this Agreement. (i) To the extent that the Technical Implementation Arrangement provides for the transfer (sale) of equipment, the UN Mission and the EU Operation, while at all times acting in conformity with their respective Regulations and Rules, may transfer, sell or dispose of equipment to the other on the basis set out below: (a) The provider represents and warrants that it is the sole owner of the equipment, that the equipment is fully paid and free of any third party rights, liens and encumbrances; (b) The recipient acknowledges that the equipment is sold on an ‘as is’‘where is’ basis and that the provider makes no warranties or representations, express or implied, as to the condition of the equipment, or as to its suitability and fitness for any intended use, and that the provider shall not be liable for any claims, demands, losses or liability arising from or in connection with the use or operation of the equipment after it has been transferred to the recipient; (c) Save as otherwise expressly agreed in the applicable Technical Implementation Arrangements, the transfer of title to the equipment shall occur (1) when the purchase price has been credited in full to the provider’s designated bank account; and (2) a handover certificate confirming the physical handover and receipt of the equipment has been signed by the recipient; (d) Immediately prior to the occurrence of the transfer of title, the provider and the recipient shall jointly prepare an inventory of, and inspect, the equipment; (e) Immediately upon occurrence of the transfer of title, the recipient shall assume full responsibility for the equipment, including for the loss of, damage to, or destruction of, the equipment (including for the insurance of the equipment); and, (f) The provider shall transfer to the recipient any warranties in place for the equipment. (ii) Additional terms and conditions governing the transfer of the equipment shall be set out in the applicable Technical Implementation Arrangement. 6.3 The specific terms and conditions governing the construction, refurbishment and/or handover of infrastructure shall be agreed where applicable on a case-by-case basis, and set out in the Technical Implementation Arrangement. For the purpose of the construction, refurbishment and/or hand over of infrastructure, the competent authorities of the Parties shall also consult with, and seek the appropriate approvals or agreement from the host Government, or landowner, as necessary. 6.4 The specific terms and conditions under which classified or confidential information may be exchanged in the field shall be set out in the Technical Implementation Arrangements concluded pursuant to this Agreement. The provision or exchange of classified or confidential information shall be subject to the Parties respective policies, procedures and established practices. 6.5 The specific terms and conditions governing the provision of security or protection services shall be set out in the applicable Technical Implementation Arrangement. The provision of security or protection services shall be subject to the UN Missions’ and the EU Operations’ respective mandates and shall not derogate from the recipient’s responsibility to take adequate measures to safeguard its personnel and property.

Article 7 Financial arrangements 7.1 Technical Implementation Arrangements concluded pursuant to this Agreement shall include appropriate financial arrangements based, inter alia, on the following financial provisions. I. General principles 7.2 Save as otherwise expressly provided in this Agreement, or otherwise agreed by the Parties in writing, Support provided by one Party to the other pursuant to this Agreement shall be provided on a cost-reimbursable basis. Specific details of the costs for each support activity and their method of calculation will be further elaborated in the relevant Technical Implementation Arrangements, referred to in Article 3 herein. 7.3 The Parties shall ensure that the costs incurred in the provision of Support: (i) Are supported by accurate and up-to date records and documents and include only actually incurred costs directly attributable to the Support received by the other party, and (ii) will be reimbursed if they comply with the criteria outlined in this Agreement, as well as any additional conditions outlined in the Technical Implementation Arrangements and agreed to in advance. 7.4 The provider shall submit invoices to the recipient after delivery or performance of the Support. The provider shall invoice the recipient at least once a year for all transactions not previously invoiced. Invoices shall be accompanied by the necessary support documentation and shall be paid within sixty (60) days of the date of the invoice. Payment shall be made in the currency of the provider or as otherwise agreed. II. Provision of logistic goods, supplies or services and security support 7.5 Logistic goods, supplies and services and the provision of security or protection services shall be charged on the basis of actual direct costs that the provider incurs on account of the provision of the Support. III. Transfer of equipment and infrastructure 7.6 The purchase price (if any) shall be determined on the basis of the net market value or where no market value can be determined, it shall be fair and reasonable taking into account specific local conditions and depreciation rates applied by the respective competent authorities. 7.7 The recipient of the equipment shall be responsible for the costs associated with the transfer of the equipment, including, without limitation, any transportation costs. 7.8 Where applicable the Parties, acting in conformity with their respective Regulations and Rules, may contribute to the cost of infrastructure constructed, refurbished or improved by one of them for the purposes of use by the other and/or both of them. The terms and conditions governing such contributions shall be agreed in writing by the competent authorities on a case-by-case basis and set out in the applicable Technical Implementation Arrangement. 7.9 To the extent that the provision or handover of infrastructure pertains to premises, camps, or other infrastructure constructed, refurbished, or improved by either of the Parties for its own purposes in the implementation of its mandate, the modalities for handover, including any financial arrangements shall be set out where applicable in a Technical Implementation Arrangement. IV. Exchange of classified information 7.10 Exchange of classified information between EU Operations and UN Missions shall be at no cost.

Article 8 Additional provisions of Technical Implementation Arrangements 8.1 The terms and conditions of Technical Implementation Arrangements concluded pursuant to this Agreement shall be consistent with this Agreement and shall include: (i) Appropriate Liability and Indemnity provisions based on the provisions set out in Article 9 below. The necessary adjustments shall be made to such Liability and Indemnity provisions to reflect the parties to the applicable Technical Implementation Arrangement. In particular, for the purposes of Technical Implementation Arrangements that relate to European Union operations having military or defence implications, the officials, personnel, servants and agents of the European Union referred to in Article 9 below shall be deemed to include the officials, personnel, servants and agents of ATHENA and of European Union participating States; (ii) Appropriate Consultation and Dispute Resolution provisions based on the provisions set out in Article 11 below; (iii) Provisions regarding the Human Rights Due Diligence Policy and Privileges and Immunities as set out in Articles 10 and 12 below. 8.2 Technical Implementation Arrangements shall also include, inter alia, appropriate provisions governing Liaison and Coordination, Implementation procedures, Invoicing/Payment procedures, as well as provisions for Recordkeeping, Audit and Investigations.

Article 9 Liability and indemnity 9.1 Save as expressly provided in this Agreement, the United Nations, including its officials, personnel, servants and agents, and the European Union, including its officials, personnel, servants and agents, shall incur no liability whatsoever arising from or in connection with the implementation of this Agreement. In particular, and without prejudice to the generality of the foregoing, the United Nations, including its officials, personnel, servants and agents, and the European Union, including its officials, personnel, servants and agents, shall incur no liability whatsoever for any military or other operations or activities carried out by the other Party, including such other Party’s officials, personnel, servants or agents. 9.2 The United Nations and the European Union shall each be responsible for resolving and shall indemnify, hold and save harmless, the other, its officials, personnel, servants or agents from and against, all claims, demands, losses and liability of any nature or kind in respect of the death, injury, illness, or loss or damage to personal property, sustained by their respective officials, personnel, servants or agents, arising from or in connection with the implementation of this Agreement, save to the extent that such claims or demands result from the gross negligence or wilful misconduct of the other Party, or of its officials, personnel, servants or agents. 9.3 The United Nations and the European Union shall each be responsible for resolving, and shall indemnify, hold and save harmless, the other, its officials, personnel, servants and agents from and against, all claims, demands, losses and liability of any nature or kind brought or asserted by third parties, based on, arising from, related to, or in connection with their respective acts or omissions, or the acts or omissions of their respective officials, personnel, servants and agents, in the implementation of this Agreement.

Article 10 Human Rights Due Diligence Policy The responsibilities undertaken by the United Nations pursuant to this Agreement are subject to the terms of the Human Rights Due Diligence Policy on UN Support to non-UN Security Forces (S/2013/110), a copy of which is attached in Annex 3 of this Agreement.

Article 11 Consultation and dispute resolution 11.1 The United Nations and the European Union shall keep the implementation of this Agreement under close review and shall regularly and closely consult with each other for that purpose. 11.2 The UN Coordinator and the EU Coordinator shall, within their respective responsibilities, regularly consult with each other, at either’s request, on any difficulties, problems, matters of concern or disputes that may arise in the course of the implementation of this Agreement and shall use best efforts to discuss and resolve any matters amicably by negotiation. 11.3 In the event that the UN Coordinator and the EU Coordinator are unable to resolve any difficulties, problems, matters of concern, or disputes to the satisfaction of the Parties, consultations shall be continued between the Under-Secretary-General for Operational Support and the Deputy Secretary General for Common Security and Defence Policy and Crisis Management and ultimately, if required, at the request of either Party, between the Secretary-General of the United Nations and the High Representative of the European Union for Foreign Affairs and Security Policy, with a view to reaching an amicable resolution. 11.4 Any claims or disputes that have not otherwise been resolved in accordance with this Article of this Agreement may be submitted to a mutually-agreed conciliator or mediator. Any claim or dispute which has failed to be settled by such conciliation or mediation may be submitted to arbitration at the request of either Party. Each Party shall appoint one arbitrator, and the two arbitrators so appointed shall appoint a third, who will be the Chairman. If within thirty (30) days from the date on which the request for arbitration was made either Party has not appointed an arbitrator or if within thirty (30) days of the appointment of two arbitrators the third arbitrator has not been appointed, either Party may request the President of the International Court of Justice to appoint an arbitrator. The procedures for the arbitration shall be in accordance with the UNCITRAL Arbitration Rules then obtaining. The arbitrators shall have no authority to award punitive damages. The arbitral award shall contain a statement of reasons on which it is based and shall be accepted as the final adjudication of any such claim or dispute.

Article 12 Privileges and immunities Nothing in or relating to this Agreement shall be deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs or the European Union, including its institutions and competent entities.

Article 13 Final provisions 13.1 This Agreement shall enter into force on the date of its signature by the Parties. 13.2 This Agreement may be modified, supplemented or amended at any time by written agreement between the Parties. 13.3 This Agreement shall be reviewed 5 years after its entry into force. 13.4 This Agreement may be terminated at any time by either Party giving sixty (60) days’ notice to the other. Notwithstanding the termination of this Agreement, the provisions of Articles 9, 11 and 12 of this Agreement shall remain in force until such time as all disputes, claims or liabilities arising in connection with this Agreement have been resolved. 13.5 The Annexes to this Agreement are an integral part of this Agreement. IN WITNESS WHEREOF, this Agreement is signed by the duly authorized representatives of the European Union and the United Nations