Letters to Annex 1A:
Agreement on the Military Aspects of the Peace Settlement

Text of Dayton Peace Agreement documents initialed in Dayton, Ohio on November 21, 1995 and later signed by all parties in Paris on December 14, 1995. The agreement is known as the Dayton Peace Accords.


Wright-Patterson Air Force Base, Ohio November 21, 1995

Excellency:

I refer to the Agreement on the Military Aspects of the Peace Settlement, which the Federal Republic of Yugoslavia has endorsed, and the Agreement Between the Republic of Bosnia and Herzegovina and the North Atlantic Treaty Organisation (NATO) Concerning the Status of NATO and its Personnel.

On behalf of the Federal Republic of Yugoslavia, I wish to assure you that the Federal Republic of Yugoslavia shall take all necessary steps, consistent with the sovereignty, territorial integrity and political independence of Bosnia and Herzegovina, to ensure that the Republika Srpska fully respects and complies with commitments to NATO, including in particular access and status of forces, as set forth in the aforementioned Agreements.

Sincerely,

Slobodan Milosevic

His Excellency
Sergio Silvio Balanzino
Acting Secretary General
North Atlantic Treaty Organisation
1110 BRUSSELS
Belgium

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Republic of Croatia
Ministry of Foreign Affairs
Minister
Dayton, November 21, 1995

Excellency:

I refer to the Agreement on the Military Aspects of the Peace Settlement, which the Republic of Croatia has endorsed, and the Agreement Between the Republic of Bosnia and Herzegovina and the North Atlantic Treaty Organisation (NATO) Concerning the Status of NATO and its Personnel.

On behalf of the Republic of Croatia, I wish to assure you that Republic of Croatia shall take all necessary steps, consistent with the sovereignty, territorial integrity and political independence of Bosnia and Herzegovina, to ensure that personnel or organisations in Bosnia and Herzegovina which are under its control or with which it has influence fully respect and comply with the commitments to NATO, including in particular access and status of forces, as set forth in the aforementioned Agreements.

Sincerely,

Dr. Mate Granic

His Excellency
Sergio Silvio Balanzino
Acting Secretary General
North Atlantic Treaty Organisation
1110 BRUSSELS
Belgium

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Wright-Patterson Air Force Base, Ohio
November 21, 1995

Excellency:

I refer to the Agreement on the Military Aspects of the Peace Settlement, which the Federation of Bosnia and Herzegovina has signed as a Party, and the Agreement Between the Republic of Bosnia and Herzegovina and the North Atlantic Treaty Organisation (NATO) Concerning the Status of NATO and its Personnel.

On behalf of the Federation of Bosnia and Herzegovina, I wish to assure you that the Federation of Bosnia and Herzegovina will adhere to and fulfill its commitments regarding access and status of forces in general, including in particular, its commitments to NATO.

Sincerely,

Jadranko Prlic
Deputy Prime Minister and Defense Minister
Federation of Bosnia and Herzegovina

His Excellency
Sergio Silvio Balanzino
Acting Secretary General
North Atlantic Treaty Organisation
1110 BRUSSELS
Belgium

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Wright-Patterson Air Force Base, Ohio
November 21, 1995

Excellency:

I refer to the Agreement on the Military Aspects of the Peace Settlement, which the Republika Srpska has signed as a Party, and the Agreement Between the Republic of Bosnia and Herzegovina and the North Atlantic Treaty Organisation (NATO) Concerning the Status of NATO and its Personnel.

On behalf of the Republika Srpska, I wish to assure you that the Republika Srpska will adhere to and fulfill its commitments regarding access and status of forces in general, including in particular, its commitments to NATO.

Sincerely,

Momcilo Krajisnik
President of the Republika Srpska

His Excellency
Sergio Silvio Balanzino
Acting Secretary General
North Atlantic Treaty Organisation
11 10 BRUSSELS
Belgium

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Agreement Between the Republic of Croatia and the North Atlantic Treaty Organisation (NATO) Concerning the Status of NATO and its Personnel

The Republic of Croatia and the North Atlantic Treaty Organisation have agreed as follows:

1. For the purposes of the present agreement, the following expressions shall have the meanings hereunder assigned to them:

- "the Operation" means the support, implementation, preparation and participation by NATO and NATO personnel in a peace plan in Bosnia and Herzegovina or a possible withdrawal of U.N. Forces from former Yugoslavia;

- "NATO personnel" means the civilian and military personnel of the North Atlantic Treaty Organisation with the exception of personnel locally hired;

- "NATO" means the North Atlantic Treaty Organisation, its subsidiary bodies, its military Headquarters and all its constituent national elements/units acting in support of, preparing and participating in the Operation;

- "Facilities" means all premises and land required for conducting the operational, training and administrative activities by NATO for the Operation as well as for accommodations of NATO personnel.

2. The provisions of the Convention on the Privileges and Immunities of the United Nations of 13 February 1946 concerning experts on mission shall apply mutatis mutandis to NATO personnel involved in the Operation, except as otherwise provided for in the present agreement. Moreover NATO, its property and assets shall enjoy the privileges and immunities specified in that Convention and as stated in the present agreement.

3. All personnel enjoying privileges and immunities under this Agreement shall respect the laws of the Republic of Croatia, insofar as it is compatible with the entrusted tasks/mandate and shall refrain from activities not compatible with the nature of the Operation.

4. The Government of Croatia recognizes the need for expeditious departure and entry procedures for NATO personnel. They shall be exempt from passport and visa regulations and the registration requirements applicable to aliens. NATO personnel shall carry identification which they may be requested to produce for Croatian authorities but operations, training and movement shall not be allowed to be impeded or delayed by such requests.

5. NATO military personnel shall normally wear uniforms, and NATO personnel may possess and carry arms if authorized to do so by their orders. Croatian authorities shall accept as valid, without tax or fee, drivers' licenses and permits issued to NATO personnel by theirrespective national authorities.

6. NATO shall be permitted to display the NATO flag and/or national flags of its constituent national elements/units on any NATO uniform, means of transport or facility.

7. NATO military personnel under all circumstances and at all times shall be subject to the exclusive jurisdiction of their respective national elements in respect of any criminal or disciplinary offenses which may be committed by them in the Republic of Croatia. NATO and Croatian authorities shall assist each other in the exercise of their respective jurisdictions.

8. As experts on mission, NATO personnel shall be immune from personal arrest or detention. NATO personnel mistakenly arrested or detained shall immediately be turned over to NATO authorities.

9. NATO personnel shall enjoy, together with their vehicles, vessels, aircraft and equipment, free and unrestricted passage and unimpeded access throughout Croatia including Croatian airspace and territorial waters. This shall include, but not be limited to, the right of bivouac, maneuver, billet, and utilization of any areas or facilities as required for support, training, and operations. NATO shall be exempt from providing inventories or other routine customs documentation on personnel, vehicles, vessels, aircraft, equipment, supplies, and provisions entering, exiting, or transiting Croatian territory in support of the Operation. The Croatian authorities shall facilitate with all appropriate means all movements of personnel, vehicles, vessels, aircraft or supplies, through ports, airports or roads used. Vehicles, vessels and aircraft used in support of the Operation shall not be subject to licensing or registrationrequirements, nor commercial insurance. NATO will use airports, roads and ports without payment of duties, dues, tolls or charges. However, NATO shall not claim exemption from reasonable charges for services requested and received, but operations/movement and accessshall not be allowed to be impeded pending payment for such services.

10. NATO personnel shall be exempt from taxation by the Republic of Croatia on the salaries and emoluments received from NATO and on any income received from outside the Republic of Croatia

11. NATO personnel and their tangible movable property imported into or acquired in Croatia shall also be exempt from all identifiable taxes by the Republic of Croatia, except municipal rates for services enjoyed, and from all registration fees and related charges.

12. NATO shall be allowed to import and export free of duty or other restriction equipment, provisions, and supplies, necessary for the Operation, provided such goods are for the official useof NATO or for sale via commissaries or canteens provided for NATO personnel. Goods sold shall be solely for the use of NATO personnel and not transferable to other parties.

13. NATO shall be allowed to operate its own internal mail and telecommunications services, including broadcast services. Telecommunications channels and other communications needswhich may interfere with Croatian telecommunication services shall be coordinated with appropriate Croatian authorities free of cost. It is recognized by the Government of Croatia that the use of communications channels shall be necessary for the Operation.

14. The Government of Croatia shall provide, free of cost, such facilities NATO needs for the preparation for and execution of the Operation. The Government of Croatia shall assist NATO in obtaining, at the lowest rate, the necessary utilities such as electricity, water and other resourcesnecessary for the Operation.

15. Claims for damage or injury to Croatian Government personnel or property, or to private personnel or property shall be submitted through Croatian governmental authorities to the designated NATO Representatives.

16. NATO shall be allowed to contract direct with suppliers for services and supplies in the Republic of Croatia without payment of tax or duties. Such services and supplies shall not be subject to sales or other taxes. NATO may hire local personnel who shall remain subject to locallaws and regulations. However, local personnel hired by NATO shall:
 
(a) be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity;

(b) be immune from national services and/or national military service obligations;

(c) be exempt from taxation on the salaries and emoluments paid to them by NATO.

17. NATO may in the conduct of the Operation, have need to make improvements or modifications to certain Croatian infrastructure such as roads, utility systems, bridges, tunnels, buildings, etc. Any such improvements or modifications of a non-temporary nature shall becomepart of and in the same ownership as that infrastructure. Temporary improvements or modifications may be removed at the discretion of the NATO Commander, and the facility returned to as near its original condition as possible.

18. Failing any prior settlement, disputes with regard to the interpretation or application of the present agreement shall be settled between Croatia and NATO Representatives by diplomatic means.

19. The provisions of this agreement shall also apply to the civilian and military personnel, property and assets of national elements/units of NATO states, acting in connection to the Operation or the relief for the civilian population which however remain under national command and control.

20. Supplemental arrangements may be concluded to work out details for the Operation also taking into account its further development.

21. The Government of Croatia shall accord non-NATO states and their personnel participating in the Operation the same privileges and immunities as those accorded under this agreement to NATO states and personnel.

22. The provisions of this agreement shall remain in force until completion of the Operation or as the Parties otherwise agree.

23. This Agreement shall enter into force upon signature.

Done at Wright-Patterson Air Force Base, Ohio on November 21, 1995 and at_________on________ , 1995.

For the Republic of Croatia:

For the North Atlantic Treaty Organisation:

 

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Agreement Between the Federal Republic of Yugoslavia and the North Atlantic Treaty Organisation (NATO) Concerning Transit Arrangements for Peace Plan Operations

Considering that the North Atlantic Treaty Organization is conducting contingency planning in coordination with the United Nations to support the implementation of a peace plan in Bosnia and Herzegovina or a possible withdrawal of U.N. Forces from former Yugoslavia, and may berequested by the United Nations to execute either such operation;

Considering the necessity to establish adequate transit arrangements for the execution/implementation of this Operation;

It is agreed that:

1. For the purposes of the present agreement, the following expressions shall have the meanings hereunder assigned to them:

- "the Operation" means the support, implementation, preparation and participation by NATO and NATO personnel in a peace plan in Bosnia and Herzegovina or a possible withdrawal of U.N. Forces from former Yugoslavia;

- "NATO personnel" means the civilian and military personnel of the North Atlantic Treaty Organization with the exception of personnel locally hired;

- "NATO" means the North Atlantic Treaty Organization, its subsidiary bodies, its military Headquarters and all its constituent national elements/units acting in support of, preparing and participating in the Operation.

2. The Government of the Federal Republic of Yugoslavia shall allow the free transit over land, rail, road, water or through air of all personnel and cargo, equipment, goods and material of whatever kind, including ammunition required by NATO for the execution of the Operation,through the territory of the Federal Republic of Yugoslavia including Federal Republic of Yugoslavia airspace and territorial waters.

3. The Government of the Federal Republic of Yugoslavia shall provide or assist to provide, at the lowest cost, such facilities or services as determined by NATO as are necessary for the transit.

4. NATO shall be exempt from providing inventories or other routine customs documentation on personnel, equipment, supplies, and provisions entering, exiting, or transiting the Federal Republic of Yugoslavia territory in support of the Operation. The Federal Republic of Yugoslavia authorities shall facilitate with all appropriate means all movements of personnel, vehicles and/or supplies, through ports, airports or roads used. Vehicles, vessels and aircraft in transit shall not be subject to licensing or registration requirements, nor commercial insurance. NATO shall be permitted to use airports, roads and ports without payment of duties, dues, tolls or charges. NATO shall not claim exemption for reasonable charges for services requested and received, but transit shall not be allowed to be impeded pending negotiations on payment for such services. The modes of transport will be communicated by NATO to the Government of the Federal Republic of Yugoslavia in advance. The routes to be followed will be commonly agreed upon.

5. The provision of the Convention on the Privileges and Immunities of the United Nations of 13 February 1946 concerning experts on mission shall apply mutatis mutandis to NATO personnel involved in the transit, except as otherwise provided for in the present Agreement. Moreover, NATO, its property and assets shall enjoy the privileges and immunities specified in that Convention and as stated in the present agreement.

6. All personnel enjoying privileges and immunities under this Agreement shall respect the laws of the Federal Republic of Yugoslavia, insofar as respect for said laws is compatible with the entrusted tasks/mandate and shall refrain from activities not compatible with the nature of theOperation.

7. The Government of the Federal Republic of Yugoslavia recognizes the need for expeditious departure and entry procedures for NATO personnel. They shall be exempt from passport and visa regulations and the registration requirements applicable to aliens. NATO personnel shall carry identification which they may be requested to produce for Federal Republic of Yugoslavia authorities, but transit shall not be allowed to be impeded or delayed by such requests.

8. NATO military personnel shall normally wear uniforms, and NATO personnel may possess and carry arms if authorized to do so by their orders. The Federal Republic of Yugoslavia authorities shall accept as valid, without tax or fee, drivers' licenses and permits issued to NATO personnel by their respective national authorities.

9. NATO shall be permitted to display the NATO flag and/or national flags of its constituent national elements/units on any NATO uniform, means of transport or facility.

10. NATO military personnel under all circumstances and at all times shall be subject to the exclusive jurisdiction of their respective national elements in respect of any criminal or disciplinary offenses which may be committed by them in the Federal Republic of Yugoslavia. NATO and the Federal Republic of Yugoslavia authorities shall assist each other in the exercise of their respective jurisdictions.

11. As experts on mission, NATO personnel shall be immune from personal arrest or detention. NATO personnel mistakenly arrested or detained shall immediately be turned over to NATO authorities.

12. NATO personnel and their tangible movable property in transit through the Federal Republic of Yugoslavia shall also be exempt from all identifiable taxes by the Government of the Federal Republic of Yugoslavia.

13. NATO shall be allowed to operate its own telecommunications services. This shall include the right to utilize such means and services as required to assure full ability to communicate, and the right to use all of the electro-magnetic spectrum for this purpose, free of cost. In implementing this right, NATO shall make every reasonable effort to coordinate with and take into account the needs and requirements of appropriate Federal Republic of Yugoslavia authorities.

14. Claims for damage or injury to Federal Republic of Yugoslavia Government personnel or property, or to private persons or property shall be submitted through the Federal Republic of Yugoslavia governmental authorities to the designated NATO Representatives.

15. Failing any prior settlement, disputes with regard to the interpretation or application of the present agreement shall be settled between the Federal Republic of Yugoslavia and NATO Representatives by diplomatic means.

16. The provisions of this agreement shall also apply to the civilian and military personnel, property and assets of national elements/units of NATO states, acting in connection to the Operation of the relief for the civilian population which however remain under national command and control.

17. Supplemental arrangements may be concluded to work out details for the transit also taking into account its further development.

18. The Government of the Federal Republic of Yugoslavia shall accord for the transit of non-NATO states and their personnel participating in the Operation the same privileges and immunities as those accorded under this agreement to NATO states and personnel.

19. The provisions of this agreement shall remain in force until completion of the Operation or as the Parties otherwise agree.

20. This Agreement shall enter into force upon signature.

Done at Wright-Patterson Air Force Base, Ohio on November 21, 1995 and

at_________________on_________________, 1995.

For the Federal Republic of Yugoslavia:

For the North Atlantic Treaty Organisation: