agreement between the united states navy and the … · agreement between the united states navy...

19
AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE PERUVIAN NAVY REGARDING THE ASSIGNMENT OF FOREIGN LIAISON OFFICERS

Upload: others

Post on 20-Sep-2019

4 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE … · AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE PERUVIAN NAVY REGARDING THE ASSIGNMENT OF LIAISON OFFICERS Preamble The United

AGREEMENT BETWEEN

THE UNITED STATES NAVY

AND

THE PERUVIAN NAVY

REGARDING THE ASSIGNMENT OFFOREIGN LIAISON OFFICERS

holmanbs
New Stamp
Page 2: AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE … · AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE PERUVIAN NAVY REGARDING THE ASSIGNMENT OF LIAISON OFFICERS Preamble The United

TABLE OF CONTENTS

Preamble 1

Article I - Definitions 1

Article II - Scope 2

Article III - Duties and Activities 3

Article IV - Financial Arrangements 5

Article V - Security 6

Article VI - Technical and Administrative Matters 8

Article VII - Discipline and Removal 9

Article VIII - Claims 10

Article IX - Settiment of Disputes 11

Article X - Entry into Force, Amendment, Duration 11and Termination

Annex A - Sample Certification to be signed by 14Foreign Liaison Officer

Page 3: AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE … · AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE PERUVIAN NAVY REGARDING THE ASSIGNMENT OF LIAISON OFFICERS Preamble The United

AGREEMENT BETWEEN THEUNITED STATES NAVY

ANDTHE PERUVIAN NAVY

REGARDING THE ASSIGNMENT OFLIAISON OFFICERS

Preamble

The United States Navy and the Peruvian Navy, each referred toherein individually as a "Party" and together as the "Parties",desiring to establish formal liaisons between the Parties, herebyagree to the following terms and conditions regarding theassignment of naval officers to serve as Liaison Officers betweenthe Parties, within their government facilities.

Article IDefinitions

In addition to any terms defined in other provisions of thisAgreement, the following terms shall have the following meaningswhen used herein:

1.1 "Classified Information" shall mean official information thatis generated by or for the Government of the United States ofAmerica or the Peruvian Government or that is under thejurisdiction or control of one of them, and which requiresprotection in the interests of national security of thatgovernment and is so designated by the assignment of anational security classification by that government. Theinformation may be oral, visual, electronic, or in documentaryform, or in the form of material, including equipment ortechnology.

1.2 "Contact Officer" shall mean a U.S. Navy official designatedin writing to oversee and control all contacts, requests forinformation, consultations, access, and other activities offoreign Liaison Officers who are assigned to, or are visiting, theUnited States Navy , its components or subordinate organizations.Likewise, it could be a functionary of the Peruvian Navy toadminister and to coordinate the requirements of the LiaisonOfficers of the United States Navy.

Page 4: AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE … · AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE PERUVIAN NAVY REGARDING THE ASSIGNMENT OF LIAISON OFFICERS Preamble The United

1.3 "Controlled Unclassified Information" shall mean unclassifiedinformation of a Party to which access or distributionlimitations have been applied in accordance with nationallaws, policies, and regulations of such Party. It includesUnited States Navy and Peruvian Navy information that isexempt from public disclosure or subject to export controls.

1.4 "Host Government" shall mean the national government of theHost Party.

1.5 "Host Party" shall mean the Party to which the Liaison Officeracts as a liaison pursuant to an assignment by a Parent Partyunder Article III.

1.6 "International Visits Program (IVP)" shall mean the programestablished to process visits by, and assignments of, foreignrepresentatives to United States Navy its components andcontractor facilities. It is designed to ensure thatClassified and Controlled Unclassified Information to bedisclosed to foreign nationals has been properly authorizedfor disclosure to their governments; that the requestingforeign government provides a security assurance on suchforeign nationals and their sponsoring organization or firm,when Classified Information is involved in the visit orassignment, and that administrative arrangements (e.g., date,time and place) for the visit or assignment are provided.

1.7 "Liaison Officer" shall mean a naval officer from the ParentParty who, upon approval or certification of the Host Party orGovernment, is authorized by the Parent Party to act as itsofficial representative in connection with programs, projects,or agreements of interest to the Parties' Governments.

1.8 "Parent Government" shall mean the national government of theParent Party.

1.9 "Parent Party' shall mean the Party that assigns a LiaisonOfficer pursuant to Article III.

Article IIScope

2.1 During the term of this Agreement, subject to the agreement ofthe Parties, each Party may assign personnel from its armedforces to serve in the capacity of Liaison Officer to theother Party in accordance with the terms of this Agreement.

Page 5: AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE … · AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE PERUVIAN NAVY REGARDING THE ASSIGNMENT OF LIAISON OFFICERS Preamble The United

2.2 The establishment of each Liaison Officer position under thisAgreement shall be based upon the demonstrated necessity ofand the mutual benefit of this position to the Parties. Onceestablished, each Liaison Officer position shall be subject toperiodic review by either Party to ensure that the positioncontinues to-be required by, and is of mutual benefit to, theParties. The Parties agree that a Liaison Officer positionshall be subject to elimination when it is no longer requiredby, or of mutual benefit to, either Party. In case that oneof the parties cannot designate, at some time a LiaisonOfficer for unforeseen reasons to the Institutions, unless theapplicable Party states otherwise, this does not mean thisposition is not necessary, but will be covered when theconditions change that prevented this designation.

2.3 The commencement of the tour of duty of a Liaison Officershall be subject to all requirements imposed by the Host Partyor its Government regarding formal certification or approvalof Liaison Officers. Liaison Officers assigned by theirParent Party to locations within the United States of Americashall be requested pursuant to the International VisitsProgram (IVP), as defined in Paragraph 1.6 of this Agreement.

2.4 Unless otherwise agreed, the normal tour of duty for a LiaisonOfficer shall be two years.

2.5 As a general rule an individual may serve as a Liaison Officerto only one major military command of the Host Party, at anypoint in time.

Article IIIDuties and Activities

3.1 The Liaison Officer shall represent the Parent Party to theHost Party. The Liaison Officer shall not perform duties thatthe Host Government, by law or regulation, reserves to its ownofficials or employees, nor shall the Liaison Officer provideany labor or services to the Host Government or its agencies,including the Host Party.

3.2 The Liaison Officer is required to comply with all applicableHost Government policies, procedures, laws and regulations.The Host Party shall assign a Contact Officer to provideguidance to the Liaison Officer concerning policies,procedures, laws and regulations of the Host Party, and totake the necessary measures to ensure that activities are

Page 6: AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE … · AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE PERUVIAN NAVY REGARDING THE ASSIGNMENT OF LIAISON OFFICERS Preamble The United

consistent with the requirements and the purposes of thisAgreement.

3.3 The Liaison Officer may request access to Host Partyfacilities by submitting a request to the Contact Officer.Said access -to Host Party facilities may be granted if suchaccess promotes the purposes of this Agreement, is consistentwith the terms of any applicable certification or approvalproperly issued by the Host Government, and is permitted underthe applicable policies, procedures, laws and regulations ofthe Host Government. Approval of such requests shall be atthe discretion of the Host Party. Any requests for accessthat exceed the terms of any applicable certification orapproval shall be submitted through the International VisitsProgram (IVP).

3.4 The Liaison Officer shall not be granted access to technicaldata or other information of the Host Party, whetherclassified or not classified, except as authorized by the HostParty, and only to the extent necessary to fulfill the LiaisonOfficer's functions under this Agreement.

3.5 All information to which the Liaison Officer is granted accesswhile serving as a liaison to the Host Party shall be treatedas information provided to the Parent Government in confidenceand shall not be further released or disclosed by the LiaisonOfficer to any other person, firm, organization, or governmentwithout the prior written authorization to do so from the HostGovernment. Disclosure of information to the Liaison Officershall not be deemed to be a license or authorization to usesuch information for any purpose other than the purposesdescribed in Article II.

3.6 The Liaison Officer shall not be permitted to participate inexercises, deployments, or civil-military actions, unlessexpressly authorized to do so by both the Host and ParentParties.

3.7 The Parent Party shall not place or keep a Liaison Officer induty assignments in which direct hostilities with forces ofthird countries are likely to occur or have commenced, unlessapproved in writing by the Parent Party and Host Party.

3.8 The Liaison Officer shall be required to comply with the dressregulations of the Parent Party but, if requested by the HostParty, shall also wear such identification necessary toidentify the Liaison Officer's nationality, rank and status asa Foreign Liaison Officer. The order of dress for any

Page 7: AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE … · AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE PERUVIAN NAVY REGARDING THE ASSIGNMENT OF LIAISON OFFICERS Preamble The United

occasion shall be that which most closely conforms to theorder of dress for the particular unit of the Host Party wherethe Liaison Officer is located. The Liaison Officer shall berequired to comply with the customs of the Host Party withrespect to the wearing of civilian clothing.

3.9 Prior to the commencement of a Liaison Officer's tour, theParent Party shall notify the Host Party of the specificParent Party organization that shall exercise operationalcontrol over the Liaison Officer and, if different, the ParentParty organization that shall provide administrative support,to the Liaison Officer and dependent(s).

3.10 At the end of a Liaison Officer's tour, or as otherwise agreedby the Parties, the. Parent Party may, subject to theprovisions of Article 2.2, replace the Liaison Officer withanother naval officer who meets the requirements of thiscurrent Agreement.

Article IVFinancial Arrangements

4.1 The Parent Party shall bear all costs and expenses of theLiaison Officer, including, but not limited to:

4.1.1 All pay and allowances of the Liaison Officer;

4.1.2 All travel by the Liaison Officer and dependents,including, but not limited to, travel to and fromthe country of the Host Party;

4.1.3 The expenses of luggage, baggage and installation,so much for from and to, clerical support, medicaland orthodontist services, unless otherwisespecified in a pertinent an international agreement.

4.1.4 Subject to the Parent Party's domestic law andpolicies, compensation for loss of, or damage to,the Liaison Officer's personal property or theproperty of the Liaison Officer's dependents;

4.1.5 The expenses for preparation and transfer of themortal remains and burial, in case the death of theLiaison officer or any of the individual responsiblefor.

Page 8: AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE … · AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE PERUVIAN NAVY REGARDING THE ASSIGNMENT OF LIAISON OFFICERS Preamble The United

4.1.6 The qualification, structured or not, of the Liaisonofficer, independently of the orientation sessionson the requirements of the Host Party who providesthe Contact Officer.

4.2 Host Party shall provide the Liaison Officer with officefacilities, equipment, supplies and services that the LiaisonOfficer may need to comply with this current Agreement.

Article VSecurity

5.1 The Host Party shall establish the maximum substantive scopeand classification levels within which the disclosure of anyClassified Information or Controlled Unclassified Informationto the Liaison Officer shall be permitted. The Host Partyshall inform the Parent Party of the level of securityclearance required to permit the Liaison Officer access tosuch information. The Liaison Officer's access to suchinformation and facilities shall be consistent with, andlimited by the terms of the Liaison Officer's assignment, theprovisions of this Article and any other agreement between theParties or their Governments concerning access to suchinformation and facilities. In addition, access shall at alltimes be limited to the minimum required to accomplish thepurposes of this current Agreement, and, at its discretion,the Host Party can prohibit the Liaison Officer's right ofaccess to any of the Host Party facilities or computer systemsor require that such access be supervised by Host Partypersonnel.

5.2 Each Party shall cause security assurances to be filed,through the Peruvian Embassy in Washington, DC, in the case ofPeruvian personnel, and through the U.S. Embassy in Peru inthe case of United States of America personnel, stating thesecurity clearances for the Liaison Officer being assigned bysuch Party. The security assurances shall be prepared inaccordance with the procedures established by the Host Partyand shall be forwarded through prescribed channels incompliance with stipulated Host Party procedures. For theUnited States of America, the prescribed channel is theInternational Visits Program (IVP), as defined in paragraph1.6 of this current Agreement.

5.3 The Parent Party shall ensure that each Liaison officerassigned is fully cognizant of, and complies with, applicablelaws and regulations concerning the protection of proprietaryinformation (such as patents, copyrights, practical knowledge,

- 6 -

Page 9: AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE … · AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE PERUVIAN NAVY REGARDING THE ASSIGNMENT OF LIAISON OFFICERS Preamble The United

and trade secrets), Classified Information and ControlledUnclassified Information disclosed to the Liaison Officer.This obligation shall apply both during and after terminationof an assignment as a Liaison Officer. Prior to undertakingthe assigned duties, the Liaison Officer shall be required tosign the certification included in Annex A. Only the navalofficers that execute this certification shall be permitted toserve as Liaison Officers with the United States Navy.

5.4 The Parent Party shall ensure that the Liaison Officer, at alltimes, complies with the security laws, regulations andprocedures of the Host Government. Any violation of securityprocedures by a Liaison Officer during their assignment shallbe reported to the Parent Party for appropriate action. Uponrequest by the Host Party, the Parent Party shall remove theLiaison Officer who violates security laws, regulations, orprocedures during their assignment.

5.5 All Classified or Controlled Unclassified Information, ifdisclosed, to the Liaison Officer shall be considered to beInformation furnished to the parent Party, and shall besubject to all provisions and safeguards provided for underthe General Security of Military Information Agreement(GSOMIA) in force between the United States and Peru datedJanuary 12, 1999.

5.6 The Liaison Officer shall not take custody of ClassifiedInformation or Controlled Unclassified Information in tangibleform (for example, documents or electronic files), except forthe following situation:

5.6.1 Courier. The Liaison Officer may assume custody ofreleasable documentary information to act ascouriers only when they are authorized in writing bytheir government to assume responsibility as anagent of their government. Documents shall bepackaged and receipted for in compliance with theHost Party requirements.

Page 10: AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE … · AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE PERUVIAN NAVY REGARDING THE ASSIGNMENT OF LIAISON OFFICERS Preamble The United

Article VITechnical and Administrative Matters

6.1 The Host Party's certification or approval of an individual asa Liaison Officer shall not bestow diplomatic or other specialprivileges on the naval officer, except for specificallyrequested by the Parent Party.

6.2 To the extent authorized by laws and regulations of the HostGovernment, and in accordance with Article IV of thisAgreement, the Host Party may provide such administrativesupport as is necessary for the Liaison Officer to fulfill thepurposes of this Agreement.

6.3 Tax exemptions, customs or import duties, or similar chargesfor the Liaison Officer or the Liaison Officer's dependentsshall be governed by applicable laws and regulations or byinternational agreement between the Host Government and theParent Government.

6.4 If the Hcst Party provides the Liaison Officer with officespace, the Host Party shall determine the normal working hoursfor the Liaison Officer. Access outside of normal workinghours will be coordinated through the Host Party ContactOfficer to the Command Security Officer.

6.5 The Parent Party shall ensure that the Host Party is informedof any absences of the Liaison Officer as far in advance aspossible.

6.6 The Liaison Officer and the authorized dependents shall beprovided care in military medical and dental facilities to theextent permitted by applicable national law, policy, andinternational agreement. Where a reciprocal agreement forhealth care exists between the Parties, the access entitlementof the Liaison Officer and dependents is specified. Forpersonnel covered by such an agreement, care is generallyprovided free of charge. All Liaison Officers and dependentsnot covered by a reciprocal agreement may be offered healthcare in military facilities, on a reimbursable basis. Wheremilitary facilities are not available, the Liaison Officershall be responsible for all medical and dental costs incurredby self and dependents. The Parent Party shall ensure thatthe Liaison Officer and dependents are physically fit prior tothe Liaison Officer's tour of duty. The Parent Party mustinform the Host Party of any special medical needs the LiaisonOfficer or dependents may require prior to the Liaison'sOfficer's tour of duty. The Parent Party shall have the

Page 11: AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE … · AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE PERUVIAN NAVY REGARDING THE ASSIGNMENT OF LIAISON OFFICERS Preamble The United

responsibility of familiarizing itself with the medical anddental services the Liaison Officer and dependents shall haveavailable, and the costs of, and the procedures for use ofsuch services.

6.7 The Liaison -Officer and dependents may be allowed the use ofmilitary commissaries, exchanges, theaters, and similar moraleand welfare activities, in accordance with the laws,regulations, and policies of the Host Party.

6.8 To the extent permitted by the laws and regulations of theHost Government, and subject to reimbursement by the ParentParty, the Host Party may provide, if available, housing andmessing facilities for the Liaison Officer and the LiaisonOfficer's dependents on the same basis and priority as for itsown personnel of comparable rank and assignment. At locationswhere the Host Party does not provide housing and messingfacilities, the Host Party shall use reasonable efforts toassist the Parent Party to locate such facilities for theLiaison Officer and dependents.

6.9 The Parent Party shall ensure that the Liaison Officer anddependents have all documentation required by the HostGovernment for entry into, and exit from, the country of theHost Government at the time of such entry or exit. Unlessexempted under an applicable international agreement betweenthe Parties, the Liaison Officers and authorized dependentsentering the United States shall be required to comply withUnited States Customs Regulations.

6.10 The Parent Party shall ensure that the Liaison Officer anddependents accompanying the Liaison Officer in the country ofthe Host Party shall obtain motor vehicle liability insurancecoverage for their private motor vehicles, in accordance withapplicable laws, regulations and policies of the HostGovernment, or of any political subdivisions of the country ofthe Host Party in which the Liaison Officer and dependents arelocated.

Article VIIDiscipline and Removal

7.1 Except as provided in Section 7.2, neither the Host Party northe armed forces of the Host Government may take disciplinaryaction against a Liaison Officer who commits an offense underthe military laws or regulations of the Host Party, nor shallthe Host Party exercise disciplinary authority over theLiaison Officer's dependents. The Parent Party, however,

- 9 -

Page 12: AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE … · AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE PERUVIAN NAVY REGARDING THE ASSIGNMENT OF LIAISON OFFICERS Preamble The United

shall take such administrative or disciplinary action againstthe Liaison Officer as may be appropriate under thecircumstances, to ensure compliance with this Agreement, andthe Parties shall cooperate in the investigation of anyoffenses under the laws or regulations of either Party.

7.2 The certification or approval of a Liaison Officer may bewithdrawn, modified or curtailed at any time by the Host Partyfor any reason, including, but not limited to, the violationof the regulations or laws of the Host Party or the HostGovernment. In addition, at the request of the Host Party,the Parent Government shall remove the Liaison officer ordependents from the territory of the Host Government. TheHost Party shall explain its request for removal but adisagreement between the Parties concerning the sufficiency ofthe Host Party's reasons shall not be grounds to delay theremoval of the Liaison Officer.

7.3 A Liaison Officer shall not exercise any supervisory ordisciplinary authority over the Host Party military orcivil;l_an personnel.

Article VIIIClaims

8.1. Claims arising under this Agreement shall be governed by anybilateral agreement between the Parties concerning the statusof their armed forces in the country of the Host Party.Claims to which the provisions of any such bilateralagreements do not apply shall be dealt with as follows:

8.1.1. The Parties shall waive all their claims, other thanderived from a related contractual, against eachother, and against the military members and civilianemployees of each other's Department or Ministry ofDefense, for damage, loss or destruction of propertyowned or used by its respective Department orMinistry of Defense, if damage, loss or destruction:

8.1.1.1. Was caused by a military member or acivilian employee in the performance ofofficial duties, or

8.1.1.2. Arose from the use of any vehicle, vesselor aircraft owned by the other Party andused by its Department or Ministry ofDefense, as long as the vehicle, vessel or

- 1 0 -

Page 13: AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE … · AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE PERUVIAN NAVY REGARDING THE ASSIGNMENT OF LIAISON OFFICERS Preamble The United

aircraft causing the damage, loss ordestruction was being used for officialpurposes, or that the damage, loss ordestruction was caused to the propertybeing so used.

8.2. The Parties shall waive all their claims against each otherand against the military members and civilian employees ofeach other's Department or Ministry of Defense for injury ordeath suffered by any military member or civilian employee oftheir Department or Ministry of Defense while such member oremployee was engaged in the performance of official duties.

8.3. Claims, other than contractual claims, for damage, loss,injury, or death, not covered by the waivers contained inparagraphs 1 and 2 of this Article, arising out of an act oromission by the military members or civilian employees of itsDepartment or Ministry of Defense, or out of an act oromission for which the Parent Party is legally responsible,shall be presented to the Parent Party for consideration underits applicable laws and regulations.

Article IXSettlement of Disputes

9.1 Disputes arising under or relating to this Agreement shall beresolved only through consultations between the Parties, andshall not be referred to an individual, national orinternational tribunal, or to any other forum for settlement.

Article XEntry into Force, Amendment, Duration and Resolution

10.1 All obligations of the Parties under this current Agreementshall be subject to national laws and the availability ofappropriated funds for such purposes.

10.2 The Parent Party shall ensure that the Liaison Officercomplies with all related obligations and restrictionsapplicable to the Liaison Officer under this Agreement andAnnex.

10.3 This Agreement may be amended by the mutual written consentbetween the Parties.

Page 14: AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE … · AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE PERUVIAN NAVY REGARDING THE ASSIGNMENT OF LIAISON OFFICERS Preamble The United

10.4 This Agreement may be terminated at any time by written mutualagreement from both Parties. Either Party may terminate thisAgreement upon written notification to the other Party onehundred and eighty (180) days prior to the termination of thisAgreement. Both Parties shall consult with each other priorto the date of termination.

10.5 In the event of conflict between the terms of this Agreementand the terms of an applicable Letter of Offer and Acceptance(LOA), the terms of the LOA shall control. Any LOAsassociated with or related to this Agreement shall beterminated in accordance with its terms.

10.6 The respective rights and responsibilities of the Partiesunder Article V (Security) shall continue, notwithstanding thetermination or expiration of this Agreement.

10.7 No later than the effective date of expiration or terminationof this current Agreement, each Party shall remove theirLiaison Officers and dependents from the territory of theother Party and pay any money owed to the other Party underthis Agreement. Any costs or expenses for which a Party isresponsible pursuant to this current Agreement, but which werenot billed in sufficient time to permit payment prior totermination or expiration of this current Agreement, shall bepaid promptly, after such bill is received.

10.8 This Agreement shall supersede any and all prior agreementsregarding Liaison officers entered into by the Parties ortheir organizations, units, or agencies.

10.9 This Agreement shall enter into force upon the signature anddate by both Parties. This Agreement shall remain in forcefor ten (10) years, and may be extended by written mutualagreement of the Parties.

10.10 This current Agreement consists of ten (10) Articles and anAnnex.

Page 15: AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE … · AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE PERUVIAN NAVY REGARDING THE ASSIGNMENT OF LIAISON OFFICERS Preamble The United

IN WITNESS WHEREOF, the undersigned, being duly authorized, havesigned this current Agreement.

DONE this day of English, in text equally authenticated.

2007, in Spanish and

ON BEHALF OFThe Peruvia Navy:

P. H. DALYRear Admiral, United States NavyAssistant Deputy Chief of NavalOperations for Information,Plans and Strategy (N3/N5)

CARLOS WESTON ZANELLIContralmirante, Jefe del EstadoMayor de la Comandancia Generalde Operaciones del Pacifico dela Marina de Guerra del Peru

Washington, D.C.

OCT 31 2007Dated:

Lima, Peru

2 3 NOV. Z001Dated:

Page 16: AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE … · AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE PERUVIAN NAVY REGARDING THE ASSIGNMENT OF LIAISON OFFICERS Preamble The United

ANNEX ACERTIFICATION

[Date (day month year)]

Section ILiaison Officer

Legal Status of Certification

As a representative of the Peruvian Navy under the auspices of anExtended Visit Authorization to the United States Navy, I amsubject to the jurisdiction of United States federal, state, andlocal laws, except as provided by treaty, other specific legalauthority, or the terms of any diplomatic immunity which I mayhave been granted. I understand that my acceptance of theLiaison Officer position does not bestow diplomatic or otherspecial privileges.

Section IILiaison Officer

Conditions of Certification

(1) Responsibilities: I understand that my activities shall belimited to the representational responsibilities of mygovernment and that I am expected to present the views of mygovernment with regard to the issues which my government andthe U.S. Government have a mutual interest. I shall notperform duties that are reserved by law or regulation to anofficer or employee of the United States Government.

(2) Costs: I understand that all costs associated with myduties as a Liaison Officer shall be the responsibility ofmy government, including, but not limited to, travel,clerical services, housing, rations, and medical and dentalservices.

(3) Extensions and Revalidation: I understand that if mygovernment desires to request an extension or revalidationof my position beyond the original dates for which I amcertified, a new visit request shall be submitted not laterthan 30 days prior to the expiration date of the currentExtended Visit Authorization.

(4) Contact Officer: I understand that when the certificationprocess is completed, a Contact Officer(s) shall be assignedto sponsor me during my visit to the Commander U.S. NavalForces Southern Command. I further understand that I shallcoordinate, through my Contact Officer, all requests forinformation, visits, and other business that fall under the

- 14 -

Page 17: AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE … · AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE PERUVIAN NAVY REGARDING THE ASSIGNMENT OF LIAISON OFFICERS Preamble The United

terms of my certification. I also understand that requestsfor information that are beyond the terms of mycertification shall be made to my Naval Attaché, PeruvianEmbassy, Washington, D.C.

(5) Other Visits: I understand that visits to facilities forwhich the purpose does not directly relate to the terms ofmy certification shall be made through my Naval Attaché,Peruvian Embassy, Washington, D.C.

(6) Uniform: I understand that I shall wear my national uniformwhen conducting business at Commander, U. S. Naval ForcesSouthern Command or other United States Department ofDefense facilities, unless otherwise directed. I shallcomply with my Parent Government's service uniformregulations.

(7) Duty Hours: I understand that my duty hours shall becomparable to those established by Commander, U.S. NavalForces Southern Command. Should I require access to my workarea during non-duty hours, I am required to requestauthorization from my Contact officer. I further understandthat it is necessary to assign a United States Navy ofAmerica escort officer to me during my non-duty access. Anycost incurred as a result of such non-duty access may bereimbursable to the United States Government.

(8) Security:

a. I understand that access to the United StatesGovernment information shall be limited to thatinformation determined by my Contact Officer to benecessary to fulfill the functions of a LiaisonOfficer. I also understand that I may not haveunsupervised access to U.S. Government computersystems, unless the information accessible by thecomputer is releasable to my government in accordancewith applicable U.S. law, regulations and policy.

b. All information to which I may have access during mycertification shall be treated as information providedto my government in confidence and shall not be furtherreleased or disclosed by me to any other person, firm,organization, or government without the prior writtenauthorization of the United States Government.

c. Should I obtain or become knowledgeable of UnitedStates Government information for which I am notauthorized to have access, I shall immediately reportit to my Contact Officer. I further agree that I shall

- 15 -

Page 18: AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE … · AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE PERUVIAN NAVY REGARDING THE ASSIGNMENT OF LIAISON OFFICERS Preamble The United

report to my Contact Officer any incidents of my beingoffered or provided information that I am notauthorized to have.

d. If required, I shall display a security badge on myouter clothing so that it is clearly visible. CommanderU. S. Naval Forces Southern Command shall supply thisbadge.

(9) Compliance: I have been briefed on, fully understand, andshall comply with the terms and conditions of mycertification. Failure to comply with this certificationmay result in suspension of my certification. I furtherunderstand that the termination of my certification does notpreclude further disciplinary action in accordance with anyapplicable Status of Forces Agreement or other internationalagreement.

(10) Definitions of Terms: Terms not defined herein shall havethe definitions ascribed to them in the applicable Agreementgoverning my assignment as a Foreign Liaison Officer.

Section IIILiaison Officer

Terms of Certification

(1) Contact Officer: I understand a command Contact Officershall be assigned.

(2) Certification: I am certified to the Commander, U. S. NavalForces Southern Command in support of the following program:The Commander, U. S. Naval Forces Southern Command ForeignLiaison Officer Program.

(3) Travel: I am authorized to visit the following locations inaccordance with the conditions of my certification, with theapproval of my Contact Officer: the commands, installationsand localities that are subordinate to Commander, U. S.Naval Forces Southern Command.

Page 19: AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE … · AGREEMENT BETWEEN THE UNITED STATES NAVY AND THE PERUVIAN NAVY REGARDING THE ASSIGNMENT OF LIAISON OFFICERS Preamble The United

Section IVLiaison Officer

Certification of In-Briefing

I, (NAME OF FOREIGN LIAISON OFFICER), understand and acknowledgethat I have been certified as a Foreign Liaison Officer toCommander, United*States Naval Forces Southern Command, as agreedupon between the Peruvian Navy and the United States Navy. Ifurther acknowledge that I fully understand and have been briefedon: (1) the legal status of my certification; (2) the conditionsof my certification; and (3) the terms of my certification. Ifurther acknowledge that I shall comply with the conditions andresponsibilities of my certification.

(SIGNATURE OF LIAISON OFFICER)

(TYPED Name of LIAISON OFFICER)

(RANK OF LIAISON OFFICER)

(DATE)

(SIGNATURE OF BRIEFER)

(TYPED NAME)

(LOCATION)