AGREEMENT  
between the European Union and the Republic of Uganda on the Status of the European Union-led 
Mission in Uganda  
THE EUROPEAN UNION,  
hereinafter referred to as ‘the Union’,  
of the one part, and  
THE REPUBLIC OF UGANDA,  
hereinafter referred to as ‘the Host State’,  
of the other part,  
together hereinafter referred to as the ‘Parties’,  
TAKING INTO ACCOUNT:  
— that in its Resolution 1897 (2009) on the situation in Somalia, adopted on 30 November 2009, the United Nations 
Security Council (UNSC) recalled its previous Resolutions in support of Somalia and reaffirmed its respect for the 
sovereignty, territorial integrity, political independence and unity of Somalia,  
— that the UNSC further emphasised that Somalia’s long-term security rests with the effective development by the 
Transitional Federal Government (TFG) of the National Security Force and Somali Police Force, in the framework of 
the Djibouti Agreement and in line with a national security strategy,  
— the letter dated 5 January 2010, by which the Minister of Defence of the Host State welcomed the Union’s envisaged 
mission in support of the Somali security sector and invited the Union to participate in the training of Somali security 
forces in the Host State for a period of at least one year,  
— Council Decision 2010/96/CFSP of 15 February 2010 on a European Union military mission to contribute to the 
training of Somali security forces (  1 ), 
— that this mission is a non-executive mission which does not entail the right to take coercive measures independently 
from the consent of the Host State,  
— that this Agreement will not affect the Parties’ rights and obligations under international agreements and other 
instruments establishing international courts and tribunals, including the Statute of the International Criminal Court,  
HAVE AGREED AS FOLLOWS:  
Article 1  
Scope and definitions  
1. This Agreement shall apply to the European Union-led 
Mission in Uganda (hereinafter referred to as ‘EUTM Somalia’) 
and to its personnel.  
2. This Agreement shall apply only within the territory of 
the Host State.  
3. For the purpose of this Agreement:  
(a) ‘EUTM Somalia’ shall mean EU mission headquarters and 
national contingents contributing to the mission, their 
equipment and their means of transport;  
(b) ‘mission’ shall mean the preparation, establishment, 
execution and support of EUTM Somalia;  (c) ‘EU Mission Commander’ shall mean the Commander in the 
theatre;  
(d) ‘EU mission headquarters’ shall mean the military head ­
quarters and elements thereof, whatever their location, 
under the authority of EU military commanders exercising 
the military command or control of the mission;  
(e) ‘national contingents’ shall mean units and elements 
belonging to the Member States of the Union and to 
other States participating in the mission;  
(f) ‘EUTM Somalia personnel’ shall mean the civilian and 
military personnel assigned to EUTM Somalia as well as 
personnel deployed for the preparation of the mission and 
personnel on mission for a Sending State or an institution 
of the Union in the framework of the mission, present, 
except as otherwise provided in this Agreement, within 
the territory of the Host State, with the exception of 
personnel employed locally and personnel employed by 
international commercial contractors;EN L 221/2 Official Journal of the European Union 24.8.2010  
( 1 ) OJ L 44, 19.2.2010, p. 16.
(g) ‘personnel employed locally’ shall mean personnel who are 
nationals of, or permanently resident in, the Host State;  
(h) ‘facilities’ shall mean all premises, accommodation and land 
areas required for EUTM Somalia and EUTM Somalia 
personnel;  
(i) ‘Sending State’ shall mean a State providing a national 
contingent for EUTM Somalia, including Member States of 
the Union and third States participating in the mission;  
(j) ‘Host State’ shall mean the Republic of Uganda;  
(k) ‘official correspondence’ shall mean all correspondence 
relating to the mission and its functions.  
Article 2  
General provisions  
1. EUTM Somalia and EUTM Somalia personnel 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.  
2. EUTM Somalia shall regularly inform the government of 
the Host State of the number of EUTM Somalia personnel 
stationed within the Host State’s territory.  
Article 3  
Identification  
1. EUTM Somalia personnel shall carry passports or military 
identity cards with them at all times.  
2. EUTM Somalia vehicles, aircraft and other means of 
transport shall carry distinctive EUTM Somalia identification 
markings and/or registration plates, of which the relevant 
Host State authorities shall be notified.  
3. EUTM Somalia shall have the right to display the flag of 
the Union and markings such as military insignia, titles and 
official symbols, on its facilities, vehicles and other means of 
transport. The uniforms of EUTM Somalia personnel shall carry 
a distinctive EUTM Somalia emblem. National flags or insignia 
of the constituent national contingents of the mission may be 
displayed on the EUTM Somalia facilities, vehicles and other 
means of transport and uniforms, as decided by the EU 
Mission Commander.  
Article 4  
Border crossing and movement within the Host State’s 
territory  
1. EUTM Somalia personnel shall enter the Host State’s 
territory only on presentation of the documents provided for in Article 3(1) or, in the case of first entry, of an individual or 
collective movement order issued by EUTM Somalia. They shall 
be exempt from visa regulations, and the Host State shall 
facilitate EUTM Somalia personnel with immigration inspections 
and customs control requirements, on entering, leaving or 
within the Host State’s territory.  
2. EUTM Somalia personnel 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 
within the Host State’s territory.  
3. The Host State shall be provided, for information 
purposes, with a general list of EUTM Somalia equipment 
entering its territory. This equipment shall carry EUTM 
Somalia identification markings. The procedure hereof shall be 
sufficient to satisfy all customs and inspection requirements.  
4. EUTM Somalia personnel may drive motor vehicles and 
operate aircrafts within the Host State’s territory provided they 
have valid national, international or military driving licences or 
pilot licences, as appropriate.  
5. For the purpose of the mission, the Host State shall grant 
EUTM Somalia and EUTM Somalia personnel freedom of 
movement and freedom to travel within its territory, 
including its air space.  
6. For the purpose of the mission, EUTM Somalia and the 
means of transport that it charters may use public roads, 
bridges, ferries and airports without the payment of duties, 
fees, tolls, taxes and similar charges. EUTM Somalia shall not 
be exempt from reasonable charges for services requested and 
received, under the conditions that apply to those provided to 
the Host State’s armed forces.  
Article 5  
Privileges and immunities of EUTM Somalia granted by the 
Host State  
1. EUTM Somalia’s facilities shall be inviolable. The Host 
State’s agents shall not enter them without the consent of the 
EU Mission Commander.  
2. EUTM Somalia’s facilities, their furnishings and other 
assets therein as well as its means of transport shall be 
immune from search, requisition, attachment or execution.  
3. EUTM Somalia, its property and assets, wherever located 
and by whomsoever held as duly authorised by EUTM Somalia, 
shall enjoy immunity from every form of legal process.EN 24.8.2010 Official Journal of the European Union L 221/3
4. EUTM Somalia’s archives and documents shall be 
inviolable at any time, wherever they may be.  
5. The official correspondence of EUTM Somalia shall be 
inviolable.  
6. In respect of purchased and imported goods, services 
provided and facilities used by EUTM Somalia for the 
purposes of the mission, EUTM Somalia shall be exempt from 
all taxes and charges of a similar nature in the Host State. 
EUTM Somalia providers or contractors shall also be 
exempted from those taxes and charges of a similar nature 
concerning goods, services and facilities provided by them to 
EUTM Somalia. EUTM Somalia shall not be exempt from dues, 
taxes or charges that represent payment for services requested 
and rendered.  
7. The Host State shall permit the entry and exit of articles 
for the mission and grant them exemption from all custom 
duties, fees, tolls, taxes and similar charges other than charges 
for storage, cartage and other services requested and rendered.  
Article 6  
Privileges and immunities of EUTM Somalia personnel 
granted by the Host State  
1. EUTM Somalia personnel shall not be liable to any form 
of arrest or detention.  
2. Papers, correspondence and property of EUTM Somalia 
personnel shall enjoy inviolability, except in case of measures 
of execution which are permitted pursuant to paragraph 6.  
3. EUTM Somalia personnel shall enjoy immunity from the 
criminal jurisdiction of the Host State under all circumstances.  
The immunity from criminal jurisdiction of EUTM Somalia 
personnel may be waived by the Sending State or the institution 
of the Union concerned, as the case may be. Such waiver shall 
always be in writing.  
The immunity of EUTM Somalia personnel from the jurisdiction 
of the Host State shall not exempt them from the jurisdiction of 
the respective Sending State. In the event of an allegation of a 
criminal offence being committed by EUTM Somalia personnel, 
the Sending State shall inform the Host State of the outcome of 
such judicial procedure as it undertakes in connection with the 
alleged criminal offence.  
4. EUTM Somalia personnel shall enjoy immunity from the 
civil and administrative jurisdiction of the Host State in respect 
of words spoken or written and all acts performed by them in 
the exercise of official functions. If any civil proceedings are instituted against EUTM Somalia personnel before any Host 
State court, the EU Mission Commander and the competent 
authority of the Sending State or the institution of the Union 
shall be notified immediately. Prior to initiation of civil 
proceedings before the court, the EU Mission Commander 
and the competent authority of the Sending State or the insti ­
tution of the Union shall certify to the court whether the act in 
question was committed by EUTM Somalia personnel in the 
exercise of official functions.  
If the act was committed in the exercise of official functions, 
civil proceedings shall not be initiated and the provisions of 
Article 15 shall apply. If the act was not committed in the 
exercise of official functions, civil proceedings may continue. 
The certification by the EU Mission Commander and the 
competent authority of the Sending State or the institution of 
the Union shall be binding upon the jurisdiction of the Host 
State which may not contest it.  
The initiation of civil proceedings by EUTM Somalia personnel 
shall preclude them from invoking immunity from jurisdiction 
in respect of any counter-claim directly connected with the 
principal claim.  
5. EUTM Somalia personnel shall not be obliged to give 
evidence as witnesses.  
EUTM Somalia and the Sending State may produce statements 
of witnesses or affidavits by EUTM Somalia personnel about 
criminal acts witnessed in the context of training Somali 
security forces in Uganda.  
6. No measures of execution may be taken in respect of 
EUTM Somalia personnel, except in the case where civil 
proceedings not related to official functions are instituted 
against them. Property of EUTM Somalia personnel, which is 
certified by the EU Mission Commander to be necessary for the 
fulfilment of official functions, shall be free from seizure for the 
satisfaction of a judgement, decision or order. In civil 
proceedings, EUTM Somalia personnel shall not be subject to 
any restrictions on their personal liberty or to any other 
measures of constraint.  
7. EUTM Somalia personnel shall with respect to services 
rendered for EUTM Somalia be exempt from social security 
provisions which may be in force in the Host State.  
8. EUTM Somalia personnel shall be exempt from any form 
of taxation in the Host State on the salary and emoluments paid 
to them by EUTM Somalia or the Sending States, as well as on 
any income received from outside the Host State.EN L 221/4 Official Journal of the European Union 24.8.2010
9. The Host State shall, in accordance with such laws and 
regulations as it may adopt, permit entry of, and grant 
exemption from, all customs duties, indirect and direct taxes, 
excise duties, and related charges other than charges for storage, 
cartage and similar services, on articles for the personal use of 
EUTM Somalia personnel.  
Any inspection of personal baggage of EUTM Somalia 
personnel shall be conducted only in the presence of the 
EUTM Somalia personnel concerned or of an authorised repre ­
sentative of EUTM Somalia.  
Article 7  
Personnel employed locally  
Personnel employed locally shall enjoy privileges and 
immunities only to the extent admitted by the Host State. 
However, the Host State shall exercise its jurisdiction over 
that personnel in such a manner as not to interfere unduly 
with the performance of the functions of the mission.  
Article 8  
Criminal jurisdiction  
The competent authorities of a Sending State shall have the 
right to exercise on the territory of the Host State all the 
criminal jurisdiction and disciplinary powers conferred on 
them by the law of the Sending State with regard to all 
EUTM Somalia personnel subject to the relevant law of the 
Sending State.  
Article 9  
Uniform and arms  
1. The wearing of uniform shall be subject to rules adopted 
by the EU Mission Commander.  
2. EUTM Somalia military personnel may carry arms and 
ammunition on condition that they are authorised to do so 
by their orders which shall be communicated to the Host State.  
Article 10  
Host State support and contracting  
1. The Host State agrees, if requested, to assist EUTM 
Somalia in finding suitable facilities.  
2. The Host State shall provide, free of charge, facilities of 
which it is the owner, in so far as such facilities are requested 
for the conduct of administrative and operational activities of 
EUTM Somalia.  
3. Within its means and capabilities, the Host State shall 
assist in the preparation, establishment, and execution of, and 
support for, the mission. The Host State’s assistance and 
support of the mission shall be provided under the same 
conditions as the assistance and support given to the Host 
State’s armed forces.  4. The law applicable to contracts concluded by EUTM 
Somalia in the Host State shall be determined by the contract.  
5. The contract may stipulate that the dispute settlement 
procedure referred to in Article 15(3) and (4) shall be applicable 
to disputes arising from the application of the contract.  
6. The Host State shall facilitate the implementation of 
contracts concluded by EUTM Somalia with commercial 
entities for the purposes of the mission.  
Article 11  
Change to facilities  
1. EUTM Somalia shall be authorised to construct, alter or 
otherwise modify facilities as requested for its operational 
requirements.  
2. No compensation shall be requested from EUTM Somalia 
by the Host State for those constructions, alterations or modi ­
fications.  
3. Prior to the withdrawal of EUTM Somalia, where appro ­
priate, the EU Mission Commander will enter into negotiations 
on an arrangement in application of Article 18 with a view to 
seeking reasonable residual value for fixed and/or moveable 
facilities provided or improved with EUTM Somalia funds that 
will remain after withdrawal of EUTM Somalia. If EUTM 
Somalia is taken over by a successor mission, the Host State 
shall make the facilities available to this successor mission free 
of charge.  
Article 12  
Deceased EUTM Somalia personnel  
1. The EU Mission Commander shall have the right to take 
charge of, and make suitable arrangements for, the repatriation 
of any deceased EUTM Somalia personnel, as well as that of 
their personal property.  
2. No autopsy shall be performed on any deceased EUTM 
Somalia personnel without the agreement of the State of 
nationality of the deceased person concerned and the presence 
of a representative of EUTM Somalia and/or the State of 
nationality of the deceased person concerned.  
3. The Host State and EUTM Somalia shall cooperate to the 
fullest extent possible with a view to early repatriation of 
deceased EUTM Somalia personnel.  
Article 13  
Security of EUTM Somalia and military police  
1. The Host State shall take all appropriate measures to 
ensure the safety and security of EUTM Somalia and its 
personnel, including those necessary to protect its facilities 
against any external attack or intrusion.EN 24.8.2010 Official Journal of the European Union L 221/5
2. The EU Mission Commander may establish a military 
police unit in order to maintain order in EUTM Somalia 
facilities.  
3. The military police unit may also, in consultation and 
cooperation with the military police or the police of the Host 
State, act outside EUTM Somalia facilities to ensure the main ­
tenance of good order and discipline among EUTM Somalia 
personnel.  
Article 14  
Communications  
1. EUTM Somalia may install and operate radio sending and 
receiving stations, as well as satellite systems. It shall cooperate 
with the Host State’s competent authorities with a view to 
avoiding conflicts in the use of appropriate frequencies. The 
Host State shall grant access to the frequency spectrum free 
of charge.  
2. EUTM Somalia shall enjoy the right to unrestricted 
communication by radio (including satellite, mobile and hand- 
held radio), telephone, telegraph, facsimile and other means, as 
well as the right to install the equipment necessary for the 
maintenance of such communications within and between 
EUTM Somalia facilities, including the laying of cables and 
land lines for the purpose of the mission.  
3. Within its own facilities EUTM Somalia may make the 
arrangements necessary for the conveyance of mail addressed 
to and from EUTM Somalia and/or EUTM Somalia personnel.  
Article 15  
Claims for death, injury, damage and loss  
1. EUTM Somalia and EUTM Somalia personnel shall not be 
liable for any damage to or loss of civilian or government 
property which are related to operational necessities or caused 
by activities in connection with civil disturbances or protection 
of EUTM Somalia.  
2. With a view to reaching an amicable settlement, claims 
for damage to or loss of civilian or government property not 
covered by paragraph 1, as well as claims for death of or injury 
to persons and for damage to or loss of EUTM Somalia 
property, shall be forwarded to EUTM Somalia via the 
competent authorities of the Host State, as far as claims 
brought by legal or natural persons from the Host State are 
concerned, or to the competent authorities of the Host State, as 
far as claims brought by EUTM Somalia are concerned.  
3. Where no amicable settlement can be found, the claim 
shall be submitted to a claims commission composed on an equal basis of representatives of EUTM Somalia and represen ­
tatives of the Host State. Settlement of claims shall be reached 
by common agreement.  
4. Where no settlement can be reached within the claims 
commission, the dispute shall:  
(a) for claims up to and including EUR 40 000, be settled by 
diplomatic means between representatives of the Host State 
and of the Union;  
(b) for claims above the amount referred to in point (a), be 
submitted to an arbitration tribunal, the decisions of 
which shall be binding.  
5. The arbitration tribunal shall be composed of three arbi ­
trators, one arbitrator being appointed by the Host State, one 
arbitrator being appointed by EUTM Somalia and the third one 
being appointed jointly by the Host State and EUTM Somalia. 
Where one of the Parties does not appoint an arbitrator within 
two months or where no agreement can be found between the 
Host State and EUTM Somalia on the appointment of the third 
arbitrator, the arbitrator in question shall be appointed by the 
President of the Court of Justice of the European Union.  
6. An administrative arrangement shall be concluded 
between EUTM Somalia and the administrative authorities of 
the Host State in order to determine the terms of reference of 
the claims commission and the arbitration tribunal, the 
procedure applicable within those bodies and the conditions 
under which claims are to be lodged.  
Article 16  
Liaison and disputes  
1. All issues arising out of, or in connection with, the appli ­
cation of this Agreement shall be examined jointly by represen ­
tatives of EUTM Somalia and of the Host State’s competent 
authorities.  
2. Failing any prior settlement, disputes concerning the inter ­
pretation or application of this Agreement shall be settled 
exclusively by diplomatic means between the representatives 
of the Host State and of the Union.  
Article 17  
Other provisions  
1. Whenever this Agreement refers to the privileges, 
immunities and rights of EUTM Somalia and of EUTM 
Somalia personnel, the Government of the Host State shall be 
responsible for their implementation and for compliance with 
them on the part of the appropriate Host State local authorities.EN L 221/6 Official Journal of the European Union 24.8.2010
2. Nothing in this Agreement is intended or may be 
construed as to derogate from any rights that may attach to a 
Member State of the Union or to any other State contributing 
to EUTM Somalia under other agreements.  
Article 18  
Implementing arrangements  
For purposes of the application of this Agreement, operational, 
administrative and technical matters may be the subject of 
separate arrangements to be concluded between the EU 
Mission Commander and the Host State’s administrative 
authorities.  
Article 19  
Entry into force and termination  
1. This Agreement shall enter into force on the day on 
which it is signed and shall remain in force until the date of 
departure of the last EUTM Somalia element and of the last 
EUTM Somalia personnel, as notified by EUTM Somalia.  2. Notwithstanding paragraph 1, the provisions contained in 
Articles 4(6), 5(1) to (3), 5(6), 5(7), 6(1), 6(3), 6(4), 6(6), 6(7) to 
(9), 10(2), 11 and 15 shall be deemed to have applied from the 
date on which the first EUTM Somalia personnel were deployed 
if that date was earlier than the date of entry into force of this 
Agreement.  
3. This Agreement may be amended by written agreement 
between the Parties.  
4. Termination of this Agreement shall not affect any rights 
or obligations arising out of the execution of this Agreement 
before such termination.  
Done at Kampala, in duplicate, in the English language, this 
12th day of August 2010.  
For the European Union  
Vincent DE VISSCHER  For the Republic of Uganda  
Crispus KIYONGAEN 24.8.2010 Official Journal of the European Union L 221/7