AGREEMENT BETWEEN THE EUROPEAN UNION AND THE FEDERAL REPUBLIC OF SOMALIA ON THE STATUS OF THE EUROPEAN UNION MILITARY MISSION TO CONTRIBUTE TO THE TRAINING OF SOMALI SECURITY FORCES (EUTM SOMALIA) IN THE FEDERAL REPUBLIC OF 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,

hereinafter referred to as ‘the Parties’,

TAKING INTO ACCOUNT:

the letter by the Prime minister of the Federal Republic of Somalia of 11 January 2013,

the fact that this Agreement does 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:

‘EUTM Somalia personnel’ means the civilian and military personnel assigned to EUTM Somalia as well as personnel deployed for the preparation of the mission and personnel travelling for a Sending State or an EU institution in the framework of the mission, present, except as otherwise provided for in this Agreement, within the territory of the Host State, with the exception of personnel employed locally and personnel employed by international commercial contractors;

‘national contingents’ means units and elements belonging to the Member States of the EU and to other States participating in EUTM Somalia;

‘EU military headquarters’ means the military headquarters and elements thereof, whatever their location, under the authority of EU military commanders exercising the military command or control of EUTM Somalia;

‘EUTM Somalia’ means the EU military headquarters and national contingents contributing to the mission, their equipment and their means of transport;

1. This Agreement applies to the EU military mission to contribute to the training of Somali security forces (EUTM Somalia) and to their personnel.

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.

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.

3. EUTM Somalia shall have the right to display the flag of the European 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 Mission Force Commander.

2. EUTM Somalia vehicles, aircraft, vessels and other means of transport shall carry distinctive EUTM Somalia identification markings and/or registration plates, of which the relevant authorities of the Host State shall be notified.

7. For the purposes of the operation, EUTM Somalia 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 for the Host State’s armed forces.

6. For the purposes of the operation, EUTM Somalia may carry out within the Host State territory, including its air space, any exercise or practice with weapons.

5. For the purposes of the operation, 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.

4. EUTM Somalia personnel may drive motor vehicles and operate aircraft within the Host State’s territory provided they have valid national, international or military driving licences or pilot licences, as appropriate.

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

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.

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 passport and visa regulations, immigration inspections and customs control on entering, leaving or within the Host State’s territory.

7. The Host State shall permit the entry of articles, military vehicles, military equipment and products for the mission and grant them exemption from all customs duties, fees, tolls, taxes and similar charges other than charges for storage, cartage and other services rendered.

6. In respect of purchased and imported goods, services provided and facilities used by EUTM Somalia for the purposes of the operation, EUTM Somalia, as well as those of its providers or contractors who are not nationals of the Host State, shall be exempt from all national, regional and communal dues, taxes and charges of a similar nature. EUTM Somalia shall not be exempt from dues, taxes or charges that represent payment for services rendered.

5. The official correspondence of EUTM Somalia shall be inviolable. Official correspondence means all correspondence relating to the mission and its functions.

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

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

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

1. EUTM Somalia facilities shall be inviolable. The Host State’s agents shall not enter them without the consent of the Mission Force Commander.

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 the 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 EU institution concerned, as the case may be. Such waiver must always be express.

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 their official functions. If any civil proceeding is instituted against EUTM Somalia personnel before any Host State court, the Mission Force Commander 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 Mission Force Commander and the competent authority of the Sending State or EU institution shall certify to the court whether the act in question was committed by EUTM Somalia personnel in the exercise of their official functions. If the act was committed in the exercise of official functions, the proceeding shall not be initiated and the provisions of Article 15 shall apply. If the act was not committed in the exercise of official functions, the proceeding may continue. The certification by the Mission Force Commander and the competent authority of the Sending State or EU institution is binding upon the jurisdiction of the Host State, which may not contest it. The initiation of 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 are not obliged to give evidence as witnesses.

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

7. The immunity of EUTM Somalia personnel from the jurisdiction of the Host State does not exempt them from the jurisdictions of the respective Sending States.

8. 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.

9. 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.