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Status of Forces Agreements

May 2006-January 2007

On 24 May 2006, the Timor-Leste government requested international military assistance in restoring security and order in Dili, and troops were provided by Australia, and New Zealand, and police by Malaysia and Portugal. The government also informed the United Nations about this request.

Each of the four governments made an agreement with Timor-Leste about the roles, responsibilities, and legal status of their forces. Although these agreements have not been officially made public, La'o Hamutuk believes that they are important for people to know about, both in Timor-Leste and in the countries which have sent the soldiers. Transparency and rule of law are essential to democratic processes.

Consequently, we are publishing below the agreements we have been able to obtain, and will publish similar additional information as it becomes available to us. These are scanned from copies of the agreements; most (if not all) of the typographic errors are from the originals.

See below for the agreements, annexes, and letters between Timor-Leste and

La'o Hamutuk supports placing all foreign troops in Timor-Leste under a coordinated UN command structure. Last June, we sent suggestions to the U.N. on how to deal with some of the underlying conditions of the current crisis. When the UN Security Council authorized the new UNMIT mission, they delayed the military command decision for two months, and in October they reaffirmed that the Australian-led Joint Task Force would remain outside of UN command structures.

On 1 December 2006, the UNMIT UN Mission and the RDTL Government signed an Arrangement on the restoration and maintenance of public security in Timor-Leste and on assistance to the reform, restructuring and rebuilding of the Timorese National Police (PNTL) and the Ministry of Interior Supplemental to the Agreement between the UN and the RDTL on the Status of UNMIT.

On 26 January 2007, the Foreign Minister of Timor-Leste, the Ambassador of Australia and the head of UNMIT signed a Memorandum of Understanding on the provision of assistance to the Democratic Republic of Timor-Leste which lays how the three parties will coordinate police and military operations. This January 2007 agreement replaces the agreements on this page.

For reference:


Australia

The Hon John Howard MP
Prime Minister of Australia
CANBERRA
AUSTRALIA
 

Dear Prime Minister

We have met today, 25 May, in Dili with the Australian Ambassador and the Vice Chief of the Australian Defence Force to discuss the purpose, terms and conditions for the deployment of Australian troops and personnel and equipment in support of the Government of Timor-Leste, to assist in stabilising and resolving the current security crisis.

We hereby confirm that we have agreed to terms of such a deployment of Australian troops, personnel and equipment as set out in the attachment to this letter.

We understand that as part of this agreement and in accordance with international practice, Australia and Timor-Leste will enter into a Status of Forces Agreement to facilitate the operation of the deployment.

Yours sincerely

/s/ Kay Rala Xanana Gusmao
President of the Republic

/s/ Francisco Guterres "Lu-Olo"
President of the National Parliament

/s/ Mari Bim Amude Alkatiri
Prime Minister


 

ARRANGEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE CONCERNING THE RESTORATION AND MAINTENANCE OF SECURITY IN TIMOR-LESTE

The Government of Australia and the Government of Timor-Leste agree as follows:

  1. The purpose of the requested deployment of Australian Defence Force (ADF) personnel is to assist Timor-Leste in the restoration of security, confidence and peace in Timor-Leste including through assisting in re-establishing and maintaining public order.

  2. ADF personnel will deploy to Timor-Leste and take such action as is necessary to give effect to the purpose set out in paragraph 1 above in consultation with the governing authorities of Timor-Leste. That action will include assisting in the provision of security and safety to persons and property and the suppression of violence and intimidation.

  3. The mission to be deployed to Timor-Leste will be an ADF Battalion Group of approximately 1300 personnel ('the force') to assist the Government of Timor-Leste to:

  • facilitate evacuation of Australian and other approved foreign Nationals as necessary;

  • stabilise the situation and facilitate the concentration of the various conflicting groups back into safe and secure locations;

  • audit and account for the location of weapons that belong to each group; and

  • create a secure environment for the conduct of a successful dialogue to resolve the current crisis.

  1. The force will operate in accordance with appropriate Australian National Policy for Rules of Engagement. The Australian National Policy will be shared with the Government of Timor-Leste and will be underpinned by the principle of the primacy of the civil power.

  2. In such circumstances, and in accordance with this concept, the Government of Australia and the Government of Timor-Leste will extend to the force the normal protections and immunities for such an operation in accordance with international practice. Australia and Timor-Leste will enter into a Status of Forces Agreement to address these matters.

  3. Australia will appoint a Force Commander who will be an ADF Brigadier. The Force Commander will be assisted by an official from the Australian Department of Foreign Affairs and Trade and a Policy Adviser from the Australian Department of Defence, to work with the Government of Timor-Leste to implement this arrangement.

  4. Provision will be made for persons detained by the force to be dealt with by the Force Commander and the East Timor authorities in a manner consistent with international law and as may be mutually arranged between the Government of Australia and the Government of Timor-Leste.

  5. The force will seek to liaise with the PNTL and F-FDTL as required and monitor the disposition of factions in designated cantonments during the negotiation phase of the stabilisation process.

  6. The duration of this ADF support is subject to further consultation and negotiation. In order to achieve the outcomes of the mission the force will be made available for a period of not less than one month.

For the Government of AustraliaFor the Government of Timor-Leste
/s/ M. E. Twomey
Ambassador of Australia to Timor-Leste
/s/ Xanana
President of the Republic
/s/
Vice-Chief of the Australian Defence Force
/s/ Francisco Guterres Lu-Olo
President of the National Parliament
 /s/ Mari Alkatiri
Prime Minister

 



Gabinete Do Primeiro-Ministro

25 May 2006

The Hon. John Howard MP
Prime Minister of Australia

Dear Prime Minister,

Following the conversation between Australian Foreign Affairs Minister Alexander Downer and Timor-Leste's Senior Minister and Minister for Foreign Affairs and Cooperation, Dr Jose Ramos-Horta, I am honored to confirm to Your Excellency that Timor-Leste authorities welcome the immediate deployment of Australian forces to secure the perimeter of Dili International Airport.

It is our expectation that the airport will remain open and functioning normally.

Allow me once again to thank Your Excellency for your willingness and readiness to support our people in our hour of need.

Most sincerely,

Mari Alkatiri
Prime Minister
Democratic Republic of Timor-Leste


Note No 159/2006

The Australian Embassy in Dili presents its compliments Ministry of Foreign Affairs and Cooperation of the Democratic Republic of Timor-Leste and has the honour to advise to refer to the letter dated 24 May 2006 and co-signed by the President of the Republic; the President of the National Parliament; and the Prime Minister of Timor-Leste and to the response from the Government of Australia of the same date regarding the provision of military and police assistance to the Government of Timor-Leste. The Australian Embassy has the further honour to refer to the subsequent discussions between officials of our Governments on 25 May concerning the deployment of military, police and other personnel (the Visiting Personnel) into Timor-Leste in response to the request for military and police assistance to the Government of Timor-Leste.

The Australian Government in line with the request from Government of Timor-Leste for military and police assistance may deploy Visiting Personnel to Timor-Leste together with their vessels, aircraft, vehicles, armoured vehicles, supplies (including medical equipment, stores and prescription drugs), equipment, communications, ammunition, weapons and provisions (hereinafter referred to as "the Deployment"). The Visiting Personnel may, in consultation with the relevant authorities of the Government of Timor-Leste take such action necessary to achieve the purposes of the Deployment.

The purposes of the Deployment will be to:

  1. assist Timor-Leste in the restoration of security, confidence and peace in Timor-Leste including through assisting in re-establishing and maintaining public order;

  2. assist in the provision of security and safety to persons and property in Timor-Leste and the suppression of violence and intimidation;

  3. as necessary, assist in the evacuation of Australian nationals and nationals of other third countries including personnel of the United Nations;

  4. at the request of the United Nations Mission in Timor-Leste (UNOTIL) protect and support UNOTIL in carrying out its tasks; and

  5. facilitate humanitarian assistance operations.

To enable the Deployment to occur, the Government of Timor-Leste is requested to acknowledge that it will:

  1. cooperate with the Australian Government to facilitate the deployment of the Visiting Personnel and achieve the purposes of this arrangement;

  2. provide the Visiting Personnel with any information relevant to the security and safety of the Visiting Personnel, their equipment and locations to which they are deployed;

  3. supply the Visiting Personnel with available maps and other information, which may be useful in facilitating their movements, including locations of any dangers and impediments, into and within Timor-Leste;

The Government of Australia and the Government of Timor-Leste will mutually recognise that:

  1. The Commander of the Visiting Personnel ("the Force Commander") will have the authority, without interference or permission, to do all that the Force Commander judges necessary and proper for the conduct of the Deployment, to protect the deployed Visiting Personnel and the Deployment and maintain the order and discipline of the Visiting Personnel.

  2. Subject to the exigencies of the deployment it is intended that the military members of the Visiting Personnel will principally act in concert with the Falantil-Defence Forces of Timor-Leste (F-FDTL) and the police members of the Visiting Personnel will principally act in concert with the National Police of Timor-Leste (PNTL)

  3. The military and police members of the Visiting Personnel may use such force as is reasonably necessary to achieve the purposes of the Deployment.

  4.  Persons detained (hereinafter called "detainees") by Visiting Personnel will be dealt with by the Force Commander and the Timor-Leste authorities in a manner consistent with international law and as may be mutually arranged between the Government of Australia and the Government of Timor-Leste.

The proposed arrangements for the status of the deployed Visiting Personnel are at Annex A. The Australian Embassy proposes that this letter, and a letter from the Government of Timor-Leste indicating its acceptance of the terms outlined in this letter and in Annex A, constitute an arrangement between the Government of Australia and the Government of Timor-Leste ("the Arrangement") which will apply to the deployment of Visiting Personnel to Timor-Leste.

The Arrangement will take effect on the date of the first deployment of Visiting Personnel to Timor-Leste for the purpose of the Deployment. The Arrangement will cease to be in effect, with the exception of the responsibilities of the Governments regarding immunities and claims, on the departure from Timor-Leste of the last of the deployed Visiting Personnel, or as the Government of Australia and the Government of Timor-Leste otherwise mutually determine.

Any issue regarding the interpretation or application of this Arrangement will be resolved amicably and expeditiously through consultation between the Government of Timor-Leste and the Government of Australia and will not be referred to any third party, national or international tribunal for settlement.

The Australian Embassy avails itself of this opportunity to renew to the Ministry for Foreign Affairs the assurances of its highest consideration.

/seal and signature/

DILI
26 MAY 2006

ANNEX A

ARRANGEMENTS CONCERNING THE STATUS OF VISITING PERSONNEL IN TIMOR-LESTE

  1. For the purposes of these Arrangements the following definitions will apply:

    1. "Timor-Leste" means the territory of Timor-Leste, including its territorial sea and the superjacent airspace, and includes lines of communication and supply utilised by Visiting Personnel;

    2. "Contributing Governments" means the Government of Australia and the Governments of other countries who, with the consent of the Government of Timor-Leste, provide Visiting Personnel for the purposes of the Deployment.

    3. "Visiting Personnel" means the members of the military or police forces contributed by the Contributing Governments as well as any support elements including Contributing Government employees and contractors used or engaged by the Contributing Governments and locally recruited personnel who will carry out clerical and administrative tasks in connection with the Deployment and any other mutually determined activities. Visiting Personnel may be read in the singular or plural as appropriate;

    4. "Force Commander" means the Commander of the Visiting Personnel, or such other member or members of the Visiting Personnel who may be authorised by the Force Commander to undertake all or any of the Force Commander's functions; and

    5. "Military Commander" and "Police Commander" mean respectively the officers in command of the military members of the Visiting Personnel and the police members of the Visiting Personnel.

    6. "Medical equipment and supplies" includes but is not limited to, medical instruments and machinery; pharmaceutical products including drugs; blood and blood products; and all items necessary for the provision of-medical assistance in the course of activities done in connection with the Deployment.

  2. The Visiting Personnel will be accorded the status equivalent to that accorded administrative and technical staff of the Contributing Governments under the Vienna Convention on Diplomatic Relations of April 18, 1961.

  3. Subject to the relevant domestic law of the Contributing Governments and their respective obligations under international law, Visiting Personnel will respect the laws and regulations of Timor-Leste and refrain from any action or activity incompatible with the purposes of these Arrangements.

  4. Military and Police members of the Visiting Personnel may exercise any powers that may be exercised by East Timor Police (PNTL) for the purposes of these Arrangements.

  5. Visiting Personnel, their property, funds and assets, but excluding locally recruited personnel to the extent that they are not carrying out Force Commander directed tasks in the course of activities done by Visiting Personnel in connection with the Deployment, will enjoy the privileges and immunities accorded in these Arrangements.

  6. Visiting Personnel will at all times remain under Australian operational command. Visiting Personnel will remain under the national and administrative control of their Contributing Government. Activities of Visiting Personnel will be co-ordinated through instructions issued by the Force Commander to the Military Commander and the Police Commander. The Force Commander will be the point of contact between all relevant Timor-Leste authorities and the Visiting Personnel.

  7. The Government of Timor-Leste will ensure that the Visiting Personnel will enjoy entry into and exit from Timor-Leste without delay or hindrance for the purposes of the Deployment. Entry and exit will be on the basis of military or Government identification cards. Passports and visas will not be required. Military or Government identification cards will be produced, when requested, to the appropriate Timor-Leste authorities.

  8. The Visiting Personnel may import into and export out of Timor-Leste without licence or other restriction or registration and free of customs, duties and taxes, and possess, store and use all aircraft, vehicles (including armoured vehicles), supplies (including medical equipment and supplies), equipment, communications, ammunition, weapons and provisions, required for the Deployment together with personal effects and items for the Visiting Personnel's own consumption or use. The Visiting Personnel may dispose of within Timor-Leste, free of duty or other restriction, such equipment and other supplies as are no longer required by them in the course of the Deployment. Other property imported duty free under this paragraph which is sold in Timor-Leste to persons other than those entitled to duty free import privileges or for use by the Timor-Leste Government will be subject to customs and other duties on its value at the time of sale. Without limiting the generality of the above:

    1. Vessels, vehicles and aircraft owned or operated by or on contract to the Contributing Governments will not be subject to the payment of customs charges, landing fees, navigation, over-flight or parking-charges, or overland-.transit fees for activities done pursuant to the Deployment. Australia, however, will pay .reasonable charges for services requests for the Deployment and which are supplied by the Timor-Leste Government or pursuant to a contract.

    2. The Timor-Leste authorities will accept as valid, without test or fee, a permit or licence held by Visiting Personnel for the operation of aircraft or vehicles owned or operated by the Contributing Governments. This includes, but is not limited to the operation of any aircraft or vehicles used by the Visiting Personnel within Timor-Leste under any hire agreement.

    3. Visiting Personnel, who are: health practitioners; or health, engineering and communication professionals; and other professional, technical or trade staff will not be subject to registration or licensing under the laws of Timor-Leste. Without limiting the generality of this provision, Visiting Personnel who are health practitioners may perform certification tasks with respect to deceased persons.

  9. For the purposes of the Deployment, Visiting Personnel:

  1. together with their vessels, aircraft, vehicles, supplies (including medical equipment and supplies), equipment, communications, ammunition, weapons and provisions will enjoy freedom of movement into, out of and within Timor-Leste

  2. will be granted access to and allowed use of, at no cost, public utilities for electricity, gas or water as necessary in the course of activities done in connection with these Arrangements; and

  3. may purchase locally produced goods and commodities which it requires in the course of activities done in connection with this Arrangement, free of duties, taxes and charges, with the exception of charges for services rendered.

  1. With respect to premises that may be required by the Visiting Personnel for the purposes of this Arrangement:

    1. The Force Commander, in consultation with the appropriate Timor-Leste authorities, may establish such premises in Timor-Leste as may be necessary for the accommodation and the fulfilment of functions of the Visiting Personnel in the course of the Deployment. Without prejudice to the fact that all such premises remain part of Timor-Leste, they and any contents will be inviolable and subject to the exclusive control and authority of the Force Commander, whose consent will be required for the entry of persons onto such premises. Timor-Leste authorities will, at the request of the Force Commander, take into custody any person not authorised to be on the premises referred to in this subparagraph.

    2. The Visiting Personnel may make necessary alterations, changes or additions to these premises to ensure their personal security and the security of their equipment, supplies and other items, including medical equipment and supplies, and their personal effects as required by them in the course of activities done in connection with this Arrangement.

    3. The Force Commander will keep a record of:

      1. all premises occupied by the Visiting Personnel together with details of who provided the premises and their condition; and

      2. all alterations, changes or additions to such premises.

      This record will be definitive as to the details of premises occupied by the Visiting Personnel.

    4. All premises occupied by the Visiting Personnel in the course of activities done in connection with this Arrangement may be restored to the condition they were in at the time of occupation by the Visiting Personnel, fair wear and tear excepted. The Force Commander will consult with the relevant authorities of the Government of Timor-Leste concerning the return of such premises and whether they are to be returned in their original condition, fair wear and tear excepted, or with the alterations, changes or additions made by the Visiting Personnel.

    5. Any proposal by authorities of the Government of Timor-Leste for the Visiting Personnel to vacate, move to or change premises will be made in writing to the Force Commander. Consideration by the Force Commander of any such proposal will be subject to the Deployments operational and security requirements.

  2. With respect to the communications required for the effective operation of the Deployment, the following will apply:

    1. The Force Commander will have authority to install and operate a radio sending and receiving station or stations as well as satellite systems within Timor-Leste to make direct contact with Australia and other countries which may be providing assistance to Timor-Leste and to facilitate the communications referred to in sub-paragraph 10(b).

    2. Visiting Personnel will enjoy, within Timor-Leste, the rights of unrestricted communication by radio, telephone, or any other means, and of establishing the necessary facilities for maintaining such communications among Australian elements (including between Visiting Personnel; vessels, aircraft and vehicles operated by Visiting Personnel and among and within premises occupied by Visiting Personnel, as well as among Australian elements and;

      1. civilian and military elements of the Government of Timor-Leste;

      2. civilian and military elements provided by the United Nations or other countries in Timor-Leste; and

      3. other non-governmental aid agencies operating within Timor-Leste.

    3. To facilitate the communications provided in sub-paragraphs 10(a) and (b) Visiting Personnel will be permitted to lay cables and landlines and to establish fixed and mobile radio sending and receiving stations. Where cables are laid on the sea bed the relevant principles of the United Nations Convention on the Law of the Sea will be observed.

    4. The frequencies used on all transmitting and receiving equipment will be determined in cooperation with the Timor-Leste authorities.

    5. The Visiting Personnel may process and transport mail addressed to or sent from Visiting Personnel and the Government of Timor-Leste will not interfere with such mail.

  3. Military and police members of the Visiting Force:

    1. will normally wear, while engaged in the course of the Deployment, their Service uniform together with such distinctive items of uniform as are prescribed by the Force Commander;

    2. may possess or carry weapons when authorised to do so by their orders; and

    3. may:

      1. seize any weapons, and ammunition, as necessary for the achievement of activities done in connection with this Arrangement;

      2. with the permission in writing of the relevant authorities of the Government of Timor-Leste, destroy seized weapons;

      3. transfer seized weapons to the Government of Timor-Leste for its retention and use by its relevant authorities; and

      4. as far as is practicable, record particulars of weapons, and ammunition, seized, transferred or destroyed, including serial numbers (if applicable) and the dates and places of seizure or destruction, and the particulars of the persons from which they were seized.

  4. The flying of the national flags will be in accordance with Timor-Leste law.

  5. No claim will be made by the Government of Timor-Leste against the Visiting Personnel or the Contributing Governments for an act or omission by the Visiting Personnel done in the course of the Deployment. Claims not so arising will be settled as mutually determined between the Government of Timor-Leste and the Government of Australia.

  6. Claims arising out of acts or omissions of the Visiting Personnel done in the course of the Deployment, and causing damage, injury or death in Timor-Leste to third parties will be dealt with and met by the Government of Timor-Leste in accordance with its national laws, regulations and policies.

  7. In respect of any incident purely involving Contributing Governments' aircraft or vehicles or involving Contributing Governments' aircraft and vehicles and the aircraft or vehicles of a third country the Government of Australia will conduct the investigation. Where incidents involve Contributing Government aircraft or vessels and Government of Timor-Leste aircraft or vehicles the Force Commander and the appropriate authority of the Government of Timor-Leste will conduct joint investigations. In respect of all incidents involving Contributing Governments' aircraft or vehicles, Visiting Personnel will secure the incident site and take custody of all wreckage and remains.

  8. The Force Commander will have the right to take and retain immediate charge of and dispose of or repatriate the body of any Visiting Personnel who dies in Timor-Leste territory.


26 May 2006

H.E. Margaret Twomey
Australian Ambassador to Timor-Leste
Avenida dos Matires da Patria
DILI
 

Dear Ambassador

I refer to the Australian Embassy's note No 159/2006 and its Annex constituting Arrangements concerning the Status of Visiting Personnel in Timor-Leste, dated 26 May 2006. I have the honour to enclose a note in response from the Ministry of Foreign Affairs of the Democratic Republic of Timor-Leste providing acknowledgement and confirmation of the Government of Timor-Leste's acceptance of the full contents of that note and its Annex.

I understand this reply, and your note and Annex of 26 May 2006, will constitute an arrangement between the Government of Australia and the Government of Timor-Leste (the "Arrangement") which will apply to the deployment of Visiting Personnel to Timor-Leste.

Yours sincerely,

/s/ Dr Jose Ramos-Horta
Senior Minister of State and Minister for Foreign Affairs and Cooperation
Democratic Republic of Timor-Leste

[attached note:]

The Ministry of Foreign Affairs of the Democratic Republic of Timor-Leste presents its compliments to the Australian Embassy to the Democratic Republic of Timor-Leste and has the honour to refer to your note and annexed status of forces arrangement dated 26 May 2006 regarding the provision of military and police assistance to the Government of Timor-Leste.

The Ministry of Foreign Affairs of the Democratic Republic of Timor-Leste has the honour to acknowledge and confirm that the full contents of the note and the Annex setting out the arrangements for the status of the deployed Visiting Personnel are acceptable to the Government of Timor-Leste.

The Ministry of Foreign Affairs of the Democratic Republic of Timor-Leste has the further honour to confirm that your note and Annex, together with this response, constitute an arrangement between the Government of Australia and the Government of Timor-Leste (the "Arrangement") which will apply to the deployment of Visiting Personnel to Timor-Leste.

The Ministry of Foreign Affairs of the Democratic Republic of Timor-Leste further confirms that the Arrangement will take effect on the date of the first deployment of Visiting Personnel to Timor-Leste and that the Arrangement will cease to be in effect, with the exception of the responsibilities of the Governments regarding immunities and claims, on the departure from Timor-Leste of the last of the deployed Visiting Personnel, or as the Government of Australia and the Government of Timor-Leste otherwise mutually determine.

The Ministry of Foreign Affairs of the Democratic Republic of Timor-Leste avails itself of this opportunity to renew to the Australian Embassy to the Democratic Republic of Timor-Leste the assurances of its highest consideration.

/s/ J. Ramos-Horta

Dili
26 May 2006


New Zealand

[NZ Embassy logo]

The New Zealand Embassy presents its compliments to the Ministry of Foreign Affairs of the Democratic Republic of Timor-Leste and has the honour to refer to the letter dated 24 May 2006 to the Prime Minister of New Zealand and co-signed by the President of the Republic, the President of the National Parliament; and the Prime Minister; and to the subsequent discussions between the Embassy and the Government of Timor-Leste regarding the provision of New Zealand assistance to stabilise the situation in Timor-Leste. The Embassy also has the honour to refer to the note dated 25 May 2006 from the Australian Embassy to the Ministry of Foreign Affairs concerning the deployment and status of an Australian-led force to assist in Timor-Leste, accepted by the President of the Republic, the President of the National Parliament and the Prime Minister on 25 May 2006.

The New Zealand Embassy has the honour to advise that, in response to the request of the Government of Timor-Leste, New Zealand is willing to provide security assistance to Timor-Leste.

The New Zealand Embassy refers to the arrangements set out in the Note from the Australian Embassy and its annexed Arrangements concerning the Status of Visiting Personnel in Timor-Leste concerning the deployment and status of an Australian-led force in Timor-Leste, and records that those arrangements, as to both deployment and status, shall apply to the New Zealand deployment in Timor-Leste.

The New Zealand Embassy takes this opportunity to renew to the Ministry of Foreign Affairs of the Democratic Republic of Timor-Leste the assurances of its highest consideration.

/seal and signature/

New Zealand Embassy
Dili
26 May 2006


Portugal

PROTOCOL OF AGREEMENT BETWEEN THE GOVERNMENT OF THE PORTUGUESE REPUBLIC AND THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE ON THE DEPLOYMENT AND PERIOD OF STAY OF A CONTIGENT OF THE NATIONAL REPUBLICAN GUARD IN TIMOR‑LESTE

  1. Following the formal request submitted on 24 May 2006 by the President of the Republic, the President of the National Parliament and the Prime Minister of the Democratic Republic of Timor-Leste, which is attached herewith, the Portuguese Government responds positively to the request by providing a contingent of the National Republican Guard (GNR).

  2. In accordance with the request, the above-mentioned contingent shall have as its mission to contribute towards the maintenance of the public order in Dili and in respective suburbs and to administer training to the Rapid Intervention Unit (UIR) of the National Police of Timor-Leste (PNTL).

  3. This contingent shall operate under the direct dependency of H.E. the President of the Republic and H.E. the Prime Minister of the Democratic Republic of Timor-Leste, respectively, as referred in the request of 24 May.

  4. The Operational Command of the Portuguese contingent shall be exercised under all circumstances by the commander of the contingent of the GNR and in accordance with the respective rules of engagement.

  5. The GNR personnel in Timor-Leste shall enjoy jurisdictional immunity in the performance of their mission and in the exercise of their functions.

  6. The equipment and armament necessary to the performance of this mission shall be exempt of administrative controls and customs duties on the part of the Timor-Leste authorities.

  7. In the absence of financial coverage by the United Nations, the expenses arising from this operation shall be supported in equal parts by the Portuguese Government and the Government of the Democratic Republic of Timor-Leste.

  8. Within the scope of its request, the Government of the Democratic Republic of Timor-Leste shall commit itself to providing all necessary logistical support, notably housing and food, to the contingent of the National Republican Guard.

  9. The present Agreement may be terminated at any time by any of the parties to it.

The Timor-Leste Institute for Development Monitoring and Analysis (Lao Hamutuk)
Institutu Timor-Leste ba Analiza no Monitor ba Dezenvolvimentu
Rua dos Martires da Patria, Bebora, Dili, Timor-Leste
P.O. Box 340, Dili, Timor-Leste
Tel: +670-3321040 or +670-77234330
email: 
info@laohamutuk.org    Web: http://www.laohamutuk.org    Blog: laohamutuk.blogspot.com