AGREEMENT

between the European Union and the Federal Republic of Somalia on the status of the European Union capacity building mission in Somalia (EUCAP Somalia)

THE EUROPEAN UNION, hereinafter referred to as the ‘EU’,

of the one part, and

THE FEDERAL REPUBLIC OF SOMALIA, hereinafter referred to as the ‘Host State’,

of the other part,

together hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

the letter of 11 January 2013 from the Prime Minister of the Federal Government of the Somali Republic to the High Representative of the Union for Foreign Affairs and Security Policy,

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:

‘facilities’ shall mean all buildings, premises, installations and land required for the conduct of the activities of the Mission, as well as for the accommodation of EUCAP Somalia personnel;

‘EUCAP Somalia personnel’ shall mean the Head of Mission, personnel seconded by EU Member States, by the European External Action Service (EEAS), by EU institutions and by non-EU States invited by the EU to participate in EUCAP Somalia, international staff recruited on a contractual basis by EUCAP Somalia deployed for the preparation, support and implementation of the Mission, and personnel travelling at the request of a Sending State, an EU institution or the EEAS in the framework of the Mission. It shall not include commercial contractors or personnel employed locally;

‘Head of Mission’ shall mean the Head of Mission of EUCAP Somalia, appointed by the Council of the European Union;

‘EUCAP Somalia’ or the ‘Mission’ shall mean the EU Capacity Building Mission in Somalia (EUCAP Somalia), established by the Council of the European Union in Decision 2012/389/CFSP, including its components, units, headquarters and personnel deployed in the territory of the Host State and assigned to EUCAP Somalia;

3. The Head of Mission shall regularly inform the Government of the Host State of the number of EUCAP Somalia personnel stationed within the Host State’s territory.

2. EUCAP Somalia shall be autonomous with regard to the execution of its functions under this Agreement. The Host State shall respect the unitary and international nature of EUCAP Somalia.

1. EUCAP Somalia and EUCAP 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 EUCAP Somalia.

3. EUCAP Somalia shall have the right to display the flag of the EU at its headquarters and elsewhere, alone or together with the flag of the Host State, as decided by the Head of Mission. National flags or insignia of the constituent national contingents of EUCAP Somalia may be displayed on EUCAP Somalia facilities, vehicles and any other means of transport, and uniforms, as decided by the Head of Mission.

2. EUCAP Somalia vehicles and any other means of transport shall bear distinctive EUCAP Somalia identification markings or registration plates or both, if security conditions allow. Specimens of those markings and plates shall be provided to the relevant authorities of the Host State.

1. EUCAP Somalia personnel shall be provided with, and identified by, a Mission identification card, which they shall be obliged to carry with them at all times. The relevant authorities of the Host State shall be provided with a specimen of the Mission identification card.

8. For the purpose of travel on official duties, EUCAP Somalia personnel and personnel employed locally shall be entitled to use public roads, bridges, ferries, airports and ports without the payment of duties, fees, tolls, taxes or other charges. EUCAP 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 nationals.

7. EUCAP Somalia and EUCAP Somalia personnel together with their vehicles and any other means of transport, equipment and supplies shall enjoy free and unrestricted movement throughout the territory of the Host State, including its territorial sea and airspace.

6. EUCAP Somalia personnel may drive vehicles, navigate vessels and operate aircraft and any other means of transport within the territory of the Host State provided they have valid national or international driving licences, ship masters certificates or pilot licences, as appropriate. The Host State shall accept as valid, without tax or fee, driving licences or permits carried by EUCAP Somalia personnel.

5. Vehicles and any other means of transport used in support of EUCAP Somalia shall not be subject to local licensing or registration requirements. Relevant international standards and regulations shall continue to apply.

4. EUCAP Somalia assets, vehicles and any other means of transport entering, transiting or exiting the Host State’s territory in support of EUCAP Somalia shall be exempt from any requirement to produce inventories or other customs documentation and from any inspection.

3. EUCAP Somalia personnel shall be exempt from the regulations of the Host State governing the registration and control of aliens, but shall not acquire any right to permanent residence or domicile within the Host State’s territory.

2. The Host State shall facilitate the entry into and the exit from the territory of the Host State for EUCAP Somalia personnel and EUCAP Somalia assets, vehicles and any other means of transport. Except for passport control on entry into and departure from the territory of the Host State, EUCAP Somalia personnel holding a Mission identification card or provisional proof of participation in EUCAP Somalia shall be exempt from regulations on customs controls and procedures, visa and immigration regulations, and any form of immigration inspection within the territory of the Host State.

1. EUCAP Somalia personnel, assets, vehicles and any other means of transport shall cross the border of the Host Party at official border crossings, sea ports and via the international air corridors.

7. The Host State shall permit the entry of items required for the purpose of EUCAP Somalia and shall grant those items exemption from all customs duties, fees, tolls, taxes and similar charges other than charges for storage, transport and other services rendered.

6. EUCAP Somalia, as well as its providers or contractors, shall be exempt from all national, regional and communal dues, taxes and charges of a similar nature in respect of purchased and imported goods, services provided and facilities used by EUCAP Somalia for the purposes of EUCAP Somalia. EUCAP Somalia shall not be exempt from dues, taxes or charges that represent payment for services rendered.

4. EUCAP Somalia archives and documents shall be inviolable at any time, wherever they may be.

3. EUCAP Somalia, its property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process.

2. EUCAP Somalia facilities, their furnishings and other assets therein as well as their means of transport shall be immune from search, requisition, attachment or execution.

1. EUCAP Somalia 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 of EUCAP Somalia personnel granted by the Host State

1. EUCAP Somalia personnel shall not be subject to any form of arrest or detention.

2. Papers, correspondence and assets of EUCAP Somalia personnel shall be inviolable, except in case of measures of execution which are permitted pursuant to paragraph 7.

3. The Host State shall provide, in accordance with its applicable laws and regulations, EUCAP Somalia personnel with a diplomatic identity card.

4. EUCAP Somalia personnel shall enjoy immunity from the criminal jurisdiction of the Host State under all circumstances. The immunity from criminal jurisdiction of EUCAP Somalia personnel may be waived by the Sending State or EU institution concerned, as the case may be. Such waiver must always be an express waiver.

5. EUCAP 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 their official functions. If any civil proceeding is instituted against EUCAP Somalia personnel before any Host State court, the Head of Mission and the competent authority of the Sending State or EU institution shall be notified immediately. Prior to initiation of the proceeding before the court, the Head of Mission and the competent authority of the Sending State or EU institution shall certify to the court whether the act in question was performed by EUCAP Somalia personnel in the exercise of their official functions. If the act was performed in the exercise of official functions, the proceeding shall not be initiated and Article 16 shall apply. If the act was not performed in the exercise of official functions, the proceeding may continue. The certification by the Head of Mission and the competent authority of the Sending State or EU institution shall be binding upon the jurisdiction of the Host State which may not contest it. The initiation of proceedings by EUCAP Somalia personnel shall preclude them from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.

6. EUCAP Somalia personnel shall not be obliged to give evidence as witnesses.

7. No measures of execution may be taken in respect of EUCAP Somalia personnel, except in the case where a civil proceeding not related to their official functions is instituted against them. Property of EUCAP Somalia personnel, which is 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 Somalia personnel shall not be subject to any restrictions on their personal liberty or to any other measures of constraint.

8. The immunity of EUCAP Somalia personnel from the jurisdiction of the Host State shall not exempt them from the jurisdictions of the respective Sending States.

9. EUCAP Somalia personnel shall, with respect to services rendered for EUCAP Somalia, be exempt from social security provisions which may be in force in the Host State.

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

11. The Host State shall, in accordance with such laws and regulations as it may adopt, permit the entry of articles for the personal use of EUCAP Somalia personnel, and shall grant exemption from all customs duties, taxes, and related charges other than charges for storage, transport and similar services, in respect of such articles. The Host State shall also allow the export of such articles. The purchase of goods and services on the domestic market by EUCAP Somalia personnel shall be exempt from VAT and taxes in accordance with the laws of the Host State.