TRANSLATION

AGREEMENT

between the European Union and the Government of the Republic of Mali on the status of the European Union CSDP mission in Mali (EUCAP Sahel Mali)

THE EUROPEAN UNION, hereinafter referred to as "the EU",

of the one part, and

THE REPUBLIC OF MALI, hereinafter referred to as "the Host State",

of the other part,

hereinafter referred to as "the Parties",

TAKING INTO ACCOUNT:

the letter from the President of the Republic of Mali dated 20 February 2014 inviting the European Union to deploy a civilian mission in support of the Malian security forces,

that this Agreement will not affect the Parties’ rights and obligations under agreements and other international instruments establishing international courts and tribunals, including the Statute of the International Criminal Court,

the letter from the European Union dated 20 October 2014 and the letter from the Republic of Mali dated 31 October 2014 constituting an exchange of letters concerning the status of EUCAP Sahel Mali within the territory of the Republic of Mali,

the need for the EUCAP Sahel Mali mission to have its own clearly defined legal framework,

HAVE AGREED AS FOLLOWS:

"EUCAP Sahel Mali means of transport" means all vehicles and other means of transport owned, hired or chartered by EUCAP Sahel Mali that are necessary for the mission.

"staff employed locally" means staff who are nationals of or permanently resident in the Host State;

"EUCAP Sahel Mali staff" means the civilian and military staff assigned to EUCAP Sahel Mali as well as staff deployed for the preparation of the mission and staff on mission, for a Sending State or an EU institution or body in the context of the mission, present, except as otherwise provided in this Agreement, within the territory of the Host State, with the exception of staff employed locally under national legislation and staff employed by commercial contractors;

"national contingents" means units and elements belonging to the Member States of the EU and to other States participating in EUCAP Sahel Mali;

"Head of Mission" means the head of EUCAP Sahel Mali in the theatre of operations;

"EUCAP Sahel Mali" means the headquarters of EUCAP Sahel Mali and its national contingents, its staff, and their facilities, assets and means of transport, contributing to the mission;

2. This Agreement shall apply to the European Union civilian CSDP mission in Mali (hereinafter referred to as "EUCAP Sahel Mali") and to its staff.

1. This Agreement shall apply only within the territory of the Host State.

2. EUCAP Sahel Mali shall regularly inform the Government of the Host State of the number of members of EUCAP Sahel Mali staff stationed within the Host State’s territory.

1. EUCAP Sahel Mali and its staff shall respect the laws and regulations of the Host State and shall refrain from any action or activity incompatible with the objectives of the mission.

3. EUCAP Sahel Mali shall have the right to display the EU flag and markings, titles, symbols and official insignia on its facilities and means of transport. The uniforms of EUCAP Sahel Mali staff shall carry a distinctive EUCAP Sahel Mali emblem. National flags or insignia of the constituent national contingents of the mission may be displayed on EUCAP Sahel Mali facilities and means of transport, and uniforms, as decided by the Head of Mission.

2. EUCAP Sahel Mali vehicles and other means of transport shall carry diplomatic registration plates, ordinary registration plates with EUCAP Sahel Mali identification markings or distinctive EUCAP Sahel Mali registration plates, of which the relevant Host State authorities shall be notified.

1. EUCAP Sahel Mali staff shall be identified by distinctive EUCAP Sahel Mali identification cards, their passport or their identity card, which they shall be obliged to carry with them at all times. These distinctive EUCAP identification cards shall be issued by the Ministry of Foreign Affairs at EUCAP Sahel Mali’s request.

7. For the purposes of the mission, EUCAP Sahel Mali may use public roads, bridges, ferries and airports without the payment of fees, tolls, taxes and similar charges. EUCAP Sahel Mali shall not be exempt from charges for services requested and received, under the same conditions as those laid down for the Host State’s armed forces.

6. The Host State shall permit the entry into its territory of EUCAP Sahel Mali assets, including means of transport, and grant them exemption from all custom duties, fees, tolls, taxes and similar charges other than charges for storage, cartage and other services rendered.

5. For the purposes of the mission, the Host State shall grant EUCAP Sahel Mali and its staff freedom of movement and freedom to travel within its territory, including its air space.

4. EUCAP Sahel Mali staff may drive armoured or unarmoured motor vehicles, control vessels and operate aircraft within the Host State’s territory provided they have valid national, international or military driving licences, ship master’s certificates or pilot licences, as appropriate, issued by one of the Sending States.

3. EUCAP Sahel Mali assets and means of transport entering, transiting or leaving the territory of the Host State in support of the mission shall be declared in advance and undergo an identification procedure prior to their entry into the territory of Mali.

2. EUCAP Sahel Mali staff shall be exempt from the Host State’s regulations on the registration and control of aliens, but shall not acquire any right to permanent residence or domicile in the territory of the Host State.

1. The Host State shall facilitate entry into and departure from its territory for EUCAP Sahel Mali and its staff. Except for passport control on entry into and departure from the territory of the Host State, EUCAP Sahel Mali staff with proof of membership of the mission shall be exempt from immigration and customs control regulations within the territory of the Host State. However, they shall fill in arrival and departure cards. Visas shall be issued free of charge to the members of the mission for a period of one year. For new members of the mission, the entry visa shall be issued free of charge at the border on presentation of a mission order drawn up by the mission. The Ministry of Foreign Affairs of the Host State shall be notified of the arrival of a new member of the mission at least five working days in advance.

6. EUCAP Sahel Mali and its suppliers and contractors shall be exempt from all national, regional and communal dues, taxes and charges of similar nature in respect of purchased and imported EUCAP Sahel Mali assets, in particular means of transport, of EUCAP Sahel Mali facilities, and of services provided for the purposes of EUCAP Sahel Mali. The application of this exemption may not be made subject to any authorisation or prior notification by EUCAP Sahel Mali of the competent authorities of the Host State. However, EUCAP Sahel Mali shall not be exempt from fees or other charges that represent payment for services rendered.

4. EUCAP Sahel Mali’s archives and documents shall be inviolable at any time, wherever they may be.

3. EUCAP Sahel Mali staff, assets, facilities and means of transport shall be immune from search, requisition, seizure or enforcement action.

2. EUCAP Sahel Mali, wherever located and by whomsoever its assets, means of transport and facilities are held or occupied, shall enjoy immunity from every form of legal process.

1. EUCAP Sahel Mali’s facilities shall be inviolable. The Host State’s agents shall not enter them without the consent of the Head of Mission.

ARTICLE 6

Privileges and immunities granted to EUCAP Sahel Mali staff by the Host State

1. EUCAP Sahel Mali staff shall not be subject to any form of arrest or detention.

2. The papers, correspondence and property of EUCAP Sahel Mali staff shall be inviolable, except in case of enforcement action permitted pursuant to paragraph 7.

3. The Host State shall issue, in accordance with the law and regulations in force, a distinctive EUCAP Sahel Mali identity card to members of EUCAP Sahel Mali staff.

4. EUCAP Sahel Mali staff shall enjoy immunity from criminal proceedings in the Host State under all circumstances. The immunity from criminal proceedings of EUCAP Sahel Mali staff may be waived by the Sending State or the EU body concerned, as the case may be. Such a waiver shall always be made in writing.

5. EUCAP Sahel Mali staff shall enjoy immunity from civil and administrative proceedings in the Host State in respect of words spoken or written and all acts performed by them in the exercise of their official functions. If any civil proceedings are instituted against EUCAP Sahel Mali staff before any Host State court, the Head of Mission and the competent authority of the Sending State or the EU body concerned shall be notified immediately. Prior to initiation of proceedings before the competent court, the Head of Mission and the competent authority of the Sending State or the EU institution concerned shall certify to the court whether the act in question was performed by EUCAP Sahel Mali staff in the exercise of their official functions. If the act was committed in the exercise of official functions, the proceedings shall not be initiated and the provisions of Article 16 shall apply. If the act was not committed in the exercise of official functions, proceedings may continue. The certification issued by the Head of Mission and the competent authority of the Sending State or the EU body concerned shall be binding upon the court of the Host State, which may not contest it. However, the competent authorities of the Host State may challenge the merits of that certification within a period of two months from its date of issue. In such a case, each of the Parties shall commit to resolving the dispute exclusively by diplomatic means. The initiation of civil proceedings by EUCAP Sahel Mali staff shall preclude them from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.

6. EUCAP Sahel Mali staff shall not be obliged to give evidence as witnesses.

7. No enforcement action may be taken in respect of EUCAP Sahel Mali staff, except in cases where civil proceedings not related to their official functions are instituted against them. The property of EUCAP Sahel Mali staff, certified by the Head of Mission to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgment, decision or order. In civil proceedings, EUCAP Sahel Mali staff shall not be subject to any restrictions on their personal liberty or to any other measures of constraint.

8. The immunity of EUCAP Sahel Mali staff from jurisdiction in the Host State does not exempt them from jurisdiction in the respective Sending State.

9. EUCAP Sahel Mali staff shall be exempt from social security provisions which may be in force in Mali.

10. EUCAP Sahel Mali staff shall be exempt from any form of taxation in the Host State on the salary and emoluments paid to them by EUCAP Sahel Mali or the Sending States, as well as on any income received from outside the Host State.