Umowa Polska - USA.pdf

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2011 – 0178

AGREEMENT BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE

GOVERNMENT OF THE REPUBLIC OF POLAND

CONCERNING THE DEPLOYMENT OF

GROUND-BASED BALLISTIC MISSILE DEFENSE INTERCEPTORS

IN THE TERRITORY OF THE REPUBLIC OF POLAND

Preamble

The Government of the United States of America and the Government of the Republic of

1 Poland (hereafter referred to as the `Parties");

Recognizing that the proliferation of weapons of mass destruction and the means of their

delivery, including ballistic missiles, poses a grave threat to international peace and

security, and to the Parties, their allies, and friends;

Acting in compliance with international law, including binding multilateral and bilateral

international agreements, and in particular with the provisions of the North Atlantic

Treaty done at Washington on April 4, 1949, the Agreement between the Parties to the

North Atlantic Treaty Regarding the Status of Their Forces done at London on June 19,

1951 (hereafter referred to as the "NATO SOFA"), the Acquisition and Cross-Servicing

Agreement between the Department of Defense of the United States of America and the

I Ministry of National Defense of the Republic of Poland done at Warsaw on November

22, 1996, and the Agreement between the Government of the United States of America

and the Government of the Republic of Poland Concerning Security Measures for the

Protection of Classified Information in the Military Sphere done at Warsaw on March 8,

2007 (hereafter referred to as the "GSOMIA");

Recognizing the applicability of the Agreement between the United States of America

and the Republic of Poland to Supplement the NATO SOFA (hereafter referred to as the

"U.S.-Poland Supplemental SOFA"), upon its entry into force;

Recognizing also the need to combine and enhance their efforts for purposes of

individual and collective self-defense, to maintain international peace and security, and to

further enhance their capabilities for an appropriate response to threats and attacks,

including those of a terrorist nature;

Reaffirming that deployment of ground-based ballistic missile defense interceptors in the

territory of Poland represents an important contribution by the Republic of Poland to the

building and further enhancement of the United States missile defense system;

Recognizing that cooperation with allies and friends, and including members of the North

Atlantic Treaty Organization (hereafter referred to as "NATO"), in defense against the

threat of ballistic missiles is important, and that deployment of United States ground-

based ballistic missile defense interceptors in the territory of Poland will enhance and

complement the existing security relationship between the United States and the Republic

of Poland and contribute to international peace and security and to the security of the

United States, the Republic of Poland, and NATO;

Bearing in mind their common defense interests and recognizing that cooperation in the

field of ballistic missile defense constitutes one of the elements of broader bilateral

security cooperation, which should contribute to the strengthening of the security of the

Parties;

Recognizing their shared vision of broader and deeper strategic cooperation between the

United States and the Republic of Poland and, in its pursuit, the establishment of the

Strategic Cooperation Consultative Group (SCCG) to facilitate consultations on the

enhancement of their mutual security, including the transformation and modernization of

Polish Armed Forces, within the framework of

Article 3

of the North Atlantic Treaty;

Recognizing that the United States intends to provide information to, and to coordinate

with, the Republic of Poland concerning contingency planning for the security and

defense of the Base;

Have agreed as follows:

Article I

Purpose and Scope

1. This Agreement establishes the rights and obligations of the Parties with respect to the

use by the United States of the Closed Area on the territory of Poland in the locality of

Slupsk-Redzikowo for the purpose of deployment there and use of non-nuclear ground-

based ballistic missile defense interceptors.

2. Upon entry into force of the U.S.-Poland Supplemental SOFA, each and every

provision of that agreement shall apply,

mutatis mutandis,

to this Agreement unless this

Agreement specifically provides that a particular provision of the U.S.-Poland

Supplemental SOFA does not apply. For matters not covered by this Agreement or the

U.S.-Poland Supplemental SOFA, to the extent such matters are covered by the NATO

SOFA, the NATO SOFA shall apply.

Definitions

For purposes of this Agreement, the following terms are defined:

"Base" means a Closed Area in the territory of Poland in the locality of Slupsk-

Redzikowo, used by United States forces pursuant to the provisions of this Agreement

and for the duration thereof, for the purpose of deployment there and use of ground-based

ballistic missile defense interceptors. The Base constitutes an Agreed Facility and Area.

"Closed Area" means an area restricted for defense and security reasons as provided in

Polish law.

"Facility" means the area located within the Base where the Missile Defense Complex

and supporting infrastructure are located and with respect to which the United States

controls access. The Facility constitutes an Agreed Facility and Area.

"Missile Defense Complex" means the area located within the Facility with respect to

which the United States maintains a heightened degree of access control.

The terms "force", "civilian component", "United States forces", "dependent", "United

States contractor", "United States contractor employees", and "Agreed Facility and

Area", shall have the meaning as defined in the US.-Poland Supplemental SOFA.

Article III

Article II

Status and Operation of the Base

1. The Base is the property of the Republic of Poland,

2. The United States forces shall use the Base without prejudice to the sovereignty and

laws of the Republic of Poland.

3. The Base shall be designated a Closed Area in accordance with Polish law.

4. Polish law applies in the area of the Base. The force and the civilian component and

the members thereof, as well as their dependents, shall have the duty to respect the laws

of the Republic of Poland in the area of the Base and elsewhere in the territory of Poland.

5. All buildings, non-relocatable structures and assemblies connected to the soil on the

Base, including those constructed, used altered or improved by United States forces, are

the property of the Republic of Poland, while movable objects and fixtures remain the

property of United States forces and United States contractors, as appropriate.

6. The United States shall be responsible to maintain good order and discipline within the

United States forces present on the Base, in accordance with United States internal laws

and regulations.

7. Operations on the Base shall be conducted with due regard for public health and safety.

8. The United States shall not conduct without the consent of the Republic of Poland

flight tests of ground-based ballistic missile defense interceptors deployed on the Base.

9. The number of the members of the force and the civilian component to be deployed

initially at the Base, as well as a description of the major elements of the Missile Defense

Complex, are set forth in the Annex. The total number of members of the force and the

civilian component stationed at the Base, as well as any permanent changes in that

number, shall be reported to the Republic of Poland upon initial deployment and every

six months thereafter, and shall be the subject of periodic consultations between the

United States Department of Defense and the Polish Ministry of National Defense. The

number of members of the force and the civilian component shall not exceed the number

set forth in the Annex without the prior consent of the Polish Ministry of National

Defense.

10. The United States shall notify, and consult with, the Republic of Poland prior to

major modifications to the Missile Defense Complex and to major missile defense

components on the Base.

11. The United States shall provide to the Republic of Poland data concerning United

States forces, United States contractors, United States contractor employees working or

living on the Base, and dependents. Provisions regarding the type, frequency, and

procedures for the provision of such data shall be established in an implementing

arrangement to this Agreement.

Article IV

Command and Control

I. Except as provided in paragraphs 6 - 8 below, the Base, including Polish military and

civilian personnel of the Polish Ministry of National Defense staying on the Base and

other Polish nationals employed by the Polish Ministry of National Defense on the Base,

shall be under Polish command exercised by a representative of the Polish Armed Forces

(hereafter referred to as the "Polish Commander").

2. The Polish Commander shall be identified within thirty days of entry into force of this

Agreement The Polish Commander or his or her designee shall be the Polish point of

contact regarding activities related to Base operations. The Polish point of contact shall

have an office on the Base.

3. The United States shall, within thirty days of entry into force of this Agreement,

dentify a representative of the United States forces (hereafter referred to as the "U.S.

Commander") who shall be the United States single point of contact regarding day-to-day

activities under this Agreement, and who shall have authority over the Facility and

United States forces, dependents, United States contractors, United States contractor

employees, and other individuals employed by United States forces on the Base.

4. The Polish Commander shall,

inter alia:

a. advise regarding relations with Polish governmental institutions and facilitate

contacts with such institutions;

b. participate in coordinating mutual logistics support for the military and civilian

personnel deployed on the Base;

c. participate in coordinating the provision of security on the grounds of the Base;

d. participate in coordinating reciprocal training on the grounds of the Base; and

e. advise the U.S. Commander regarding Polish law relevant to Base operation.

5. The Polish Ministry of National Defense shall be responsible to the maximum extent

possible for obtaining any necessary Polish authorizations and the United States shall

assist the Polish Ministry of National Defense, as appropriate.

6. The Polish Commander may notify the U.S. Commander of actions by United States

forces, dependents, United States contractors, and United States contractor employees on

the Base that appear to be inconsistent with Polish law. Such notification by the Polish

Commander shall be duly considered by the U.S. Commander.

7. The United States shall have exclusive command and control over ballistic missile

defense activities and operations on the Base.

8. The U.S. Commander also shall be responsible for matters relating to immovable

property, infrastructure, installations, supplies, equipment, and materiel located on the

Base, but outside the Facility, that are operated exclusively by the United States.

Article V

Use of the Base

1. The United States shall have exclusive use of, and unrestricted access to, the Facility

on the Base in accordance with this Agreement.

2. The United States may undertake construction activities on, and make alterations and

improvements to and maintain, sustain, and operate ballistic missile defense structures

and infrastructure on the Base. Such structures and infrastructure include, but are not

limited to, ground-based missile defense interceptors and associated processing, storage,

and launch facilities; communications facilities; security and access facilities;

administrative, maintenance, and storage facilities; utilities infrastructure (including

back-up power generation and distribution); fuel handling and storage facilities; fire

protection; and housing and personnel support facilities. In the course of such activities,

the United States may:

a. use, alter, or demolish existing structures and infrastructure on the Facility; and

b. clear existing vegetation and excavate soil on the Facility.

3. Prior to beginning a construction activity on the Base, the United States shall submit to

the Polish Ministry of National Defense relevant documentation concerning the planned

construction activity. Responsibility for translating such documents shall be specified in

an implementing arrangement.

4. United States forces shall utilize local Polish physical persons and legal entities as

suppliers of articles and services to the extent feasible for the performance of a contract

when the bids of such suppliers are competitive and constitute the best value.

5. A no-fly zone and a limited no-fly zone will be established in the airspace over and

around the Base. Detailed parameters for the aforesaid zones, as well as the principles of

their establishment and operation, and of cooperation between relevant Polish and United

States authorities regarding the use of Polish airspace, will be established in an

implementing arrangement to this Agreement.

6. The Republic of Poland shall ensure that use of the land areas surrounding the Base is

consistent with operation of the Base.

7. The United States shall furnish relevant information to allow the Republic of Poland to

regulate the use of land areas surrounding the Base. The specific parameters and

limitations on land use will be established in an implementing arrangement that the

Parties shall conclude within ninety days of signature of this Agreement.

Article VI

Access to the Base

1. The Polish Commander and his or her authorized representative shall have access to

the entire area of the Base. Access to the Missile Defense Complex shall be provided

promptly consistent with operational, safety, and security requirements.

2, Representatives of competent agencies of the Republic of Poland and rescue services

shall be granted prompt access to the Base, including the Facility:

a. to respond to emergencies, such as fires or serious accidents;

b. to pursue persons who have committed an offense outside the Base and have

entered the Base; and

c. upon request, for other official purposes specified under Polish law.

3. The Polish Commander shall, with the concurrence of the U.S. Commander, establish

the procedures for access to the Base, including appropriate safety and security measures

to be applied for entering the Base, and shall issue appropriate passes to the Base.

4. The United States shall control access to the Facility on the Base.

Security of the Base

Article VII

1. The Republic of Poland shall be responsible for providing security and protection of

the Base outside the perimeter of the Facility.

2. The United States, in coordination with the Republic of Poland, shall be responsible

for providing security and protection of the Facility on the Base.

3. The United States shall provide information to, and coordinate with, the Republic of

Poland concerning contingency planning for the security and defense of the Base prior to

the Missile Defense Complex achieving operational status.

4. The Republic of Poland recognizes the right of the United States to protect its ballistic

missile defense assets during transportation within the territory of Poland outside of the

Base. The United States and the Republic of Poland shall coordinate regarding security

for these assets during transportation.

5. In the event that security and protection are to be provided by contractors, such entities

shall comply with the relevant requirements of Polish law.

6. In the event either commander becomes aware of a crisis situation on the Base that

may affect the safety of the population inhabiting the region, that commander shall

promptly notify the other commander.

7. The Parties undertake to cooperate, as appropriate, with respect to intelligence and

counter-terrorist protection of the Base. The United States and the Republic of Poland

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