International Treaty Examination of the Agreement between Solomon Islands, Australia, New Zealand, Fiji, Papua New Guinea, Samoa and Tonga Concerning the Operations and Status of the Police and Armed Forces and Other Personnel Deployed to Solomon Islands to Assist in the Restoration of Law and Order and Security Report of the Foreign Affairs, Defence and Trade Committee The Foreign Affairs, Defence and Trade Committee has conducted an international treaty examination of the Agreement between Solomon Islands, Australia, New Zealand, Fiji, Papua New Guinea, Samoa, and Tonga Concerning the Operations and Status of the Police and Armed Forces and Other Personnel Deployed to Solomon Islands to Assist in the Restoration of Law and Order and Security, and has no matters to bring to the attention of the House. The National Interest Analysis for the treaty is appended to this report. Hon Peter Dunne Chairperson NATIONAL ENTEREST ANALYSIS Agreement between Solomon Islands, Australia, New Zealand, Fiji, Papua New Guinea, Samoa, and Tonga concerning the operations and status of the police and armed forces and other personnel deployed to Solomon Islands to assist in the restoration of law and order National interest Analysis Date of Proposed Binding Treaty Action New Zealand signed the Agreement between Solomon Islands, Australia, New Zealand, Fiji, Papua New Guinea, Samoa, and Tonga concerning the operations and status of the police and armed forces and other personnel deployed to Solomon Islands to assist in the restoration of law and order and security on 24 July 2003. The Agreement entered into force between the Government of the Solomon Islands and the Government of New Zealand by way of an exchange of notes completed on 24 July 2003. The Agreement will enter into force between New Zealand and the remaining parties upon the conclusion of an exchange of notes between each party notifying the other of the completion of its constitutional requirements. The Minister of Foreign Affairs and Trade considers that the subject-matter of this agreement is likely to be of interest to members of the Foreign Affairs, Defence and Trade Committee, such as to warrant referral under the international treaty examination process. However binding treaty action has been taken prior to the completion of the parliamentary examination process, under the international treaties examination process urgency mechanism (Cab Manual 5.90), in order to ensure that New Zealand personnel in the Solomon Islands would enjoy the jurisdictional protections provided by the Agreement from the outset of their deployment. The urgency mechanism has not been used previously. Under this mechanism, formal treaty action exceptionally can precede referral to the Foreign Affairs, Defence and Trade Committee as long as the treaty is tabled as soon as possible after the binding action has been taken, together with a National Interest Analysis and an explanation from the government as to why it was considered necessary to take urgent action. The Minister of Foreign Affairs and Trade wrote to the Chair of the Foreign Affairs, Trade and Defence Committee advising of the Government?s decision to rely on the urgency mechanism in this particular case and the reasons for its doing so. Reasons for New Zealand to become party to the treaty Whenever New Zealand is contemplating deploying its police and/ or its armed forces overseas, it is preferable to have a status of forces agreement (SOFA) with the host country setting out the legal responsibilities of the parties. A SOFA til" this kind provides a legal framework for resolving issues that may arise from the deployment. This can be especially important with respect to issues such as legal jurisdiction and compensation for claims, where in the absence of such an agreement we would need to rely on customary international law. NATIONAL INTEREST ANALYSIS Under this SOFA agreement New Zealand personnel have legal immunity (for acts carried Out in the course of uf?cial duties that is only New Zealand, not the Solomon Islands, has jurisdiction over New Zealand personnel. With respect to compensation for claims, it has been agreed that claims between the Solomon Islands and assisting countries be waived. The SOFA, also clari?es issues of command and control. Advantages and Disadvantages to New Zealand at the Treaty entering into force Advantages to New Zealand at the Treaty entering into force The Agreement provides New Zealand with a legal framework governing key issues related to the deployment in the Solomon Islands. In the absence of the Agreement, New Zealand would have to rely on customary international law. Such protection as exists under customary international law for the armed forces of another country may not be regarded as extending to police personnel. New Zealand personnel enjoy the legal protections guaranteed under the Agreement from the outset of their deployment in the Solomon Islands. In terms of legal jurisdiction, New Zealand personnel will enjoy immunity from legal proceedings (which includes criminal, civil and disciplinary proceedings) in the Solomon Islands for all acts or omissions carried out in the course of of?cial duties. This is an important measure to safeguard New Zealand personnel who may be involved in an incident where, if it were not for the provision in the Agreement, they would be subject to legal proceedings in the Solomon Islands. Compensation claims generally between the parties and the Solomon Islands will be waived. Any claims not covered under the Agreement third party claims) will be subject to consultation between the parties. This will enable any well?founded claims to be considered on a one~off basis, without creating an expectation that there may be a source of funds easily accessible for possibly ill-founded claims. The Agreement clari?es the role and relationship of police and armed forces participating in the visiting contingent and provides for our police and armed Forces to retain national command for its personnel. Thus, under the Agreement police will have recourse to a ?red-card? facility that effectively allows police members of the visiting contingent if necessary to refuse to carry out tasks or orders that are inconsistent with their national laws and procedures. Under the Agreement while both the police members and armed forces would be subject to the control of the Australian head of the relevant forces (as de?ned in the Agreement), New Zealand would retain national command. Disadvantages to New Zealand at the Treaty Entering into Force A possible disadvantage of this Agreement is that, while members of the visiting contingent will have legal immunity for acts carried out in the course of of?cial duties, for acts that fall outside of of?cial duties, the Solomon Islands will cede jurisdiction only if the sending country can under its domestic law exercise jurisdiction over its personnel overseas. In some SOFAs, receiving countries have been willing to cede jurisdiction to the sending state for offences committed outside of?cial duties without conditioning it on the sending state?s ability to prosecute. However, the inclusion of such a quali?er at the request of the 2 NATEONAL INTEREST Solomon Islands Government was considered reasonable, so as to ensure that members of the visiting contingent cannot escape prosecution where prosecution seems appropriate. The inclusion of this qualifier has drawn attention to a gap under New Zealand law in such a situation. Currently New Zealand can exercise jurisdiction over its personnel for offences committed overseas as part of deployments only where these offences are committed by members of the New Zealand Armed Forces (Armed Forces Discipline Act 1971) or by police serving in a United Nations force (United Nations (Police Act) 1964). New Zealand cannot currently exercise jurisdiction over police serving in non?UN operations or over civilians serving in overseas operations. The inability to do so under New Zealand law may mean that, if these personnel were involved in offences falling outside of official duties, they may be prosecuted and imprisoned in the Solomon Islands. Legislation has been introduced in the House (the Crimes and Misconduct (Overseas Operations) Bill) to fill this gap in order to allow New Zealand to exercise its jurisdiction over police and civilians serving in overseas operations such as that underway in the Solomon Islands in the same way that we can for armed forces personnel and police serving in UN operations. This ought to minimise any potential exposure of New Zealand police and civilian members to prosecution and imprisonment in the Solomon Islands, or in other third countries where we might similarly want to provide help of a similar kind in the future. It also ensures that such personnel would not have impunity from prosecution for offences for which in the host country they are granted full immunity. They would be subject to prosecution in New Zealand, subject to the same protections as would be available to them had the acts or omissions been committed in New Zealand in similar circumstances. On balance, it is in New Zealand?s interest to be party to this Agreement because it provides increased protection to personnel deployed in the Solomon Islands to assist in the restoration of law and order. Obligations Under the Agreement New Zeolond would be obliged to: 0 consult with the Solomon Islands Government if a significant withdrawal of members of the Visiting Contingent, other than for the purpose of rotation, is to take place (Article 0 withdraw 3 months after receipt of a written request from the Government of Solomon Islands for the visiting contingent to withdraw (Article 0 record, where possible, particulars of weapons and ammunition seized or destroyed (Article 0 deal with claims arising in the Area of operations the territory of Solomon Islands, all areas where it exercises maritime jurisdiction, and the superjacent airspace) (Article 13); NATIONAL INTEREST ANALYSIS waive claims against any other party in respect of loss of, or damage (including loss of use) to, prOperty owned, hired or chartered by a Party and used by the Visiting Contingent; of maritime salvage of any vessel or cargo owned by a Party and used by the Visiting Contingent; and of personal injury or death suffered by any member of the Visiting Contingent (Article 13); consult on claims not otherwise covered under the Agreement (Article 13); take all apprOpriate measures to ensure that the laws and regulations of Solomon Islands are observed and respected (Article ensure that appropriate action (consistent with its laws and practices) is taken where an assisting Country asserts the jurisdiction over a member of the Visiting Contingent (Article provide assistance in carrying out necessary investigations into any offences alleged to have been committed by a member from an Assisting Country where criminal or civil immunity has been waived (Article take all appropriate measures to ensure the maintenance of discipline and good order among its members of the Visiting Contingent (Article 11) act in a manner consistent with their obligations under international law (Article 12); be responsible for the salary, allowances, removal expenses, costs of transport to Solomon Islands, and medical and dental expenses of its members of the Visiting Contingent (Article establish headquarters, camps, training areas, or other premises as may be necessary and cover the personal accommodation and transport costs of its members of the Visiting Contingent unless otherwise negotiated (Article 17); settle by consultation or negotiation between the Parties, and not to refer to any third party or tribunal for resolution, any matter arising with respect to its interpretation, application or implementation of the agreement (Article 22); and notify the other signatories in writing of the completion of the constitutional formalities by its laws for the entry into force of this Agreement (Article 24). (ii) Under the Agreement New Zealand police would be obliged to: work co?operatively with the Government of Solomon Islands and its authorities, and to consult with the Commissioner of the Solomon Islands Police Force (Article carry out tasks or orders consistent with the laws, procedures and standards of conduct applicable to them in New Zealand Article (this is the basis for the ?red?card? enabling New Zealand police members to refuse to carry out an order if it is considered inconsistent with our laws or practice). arrange consultations between Police Commissioners if a request is made by a Police Commissioner of a country contributing personnel to the Participating Police Force, with respect to the application or implementation of Article 5 (status of participating police force) (Article 5(10)) NATIONAL INTEREST ANALYSIS Under the Agreement New Zealand Armed Forces will be obliged to: I work co?operatively with the Government of Solomon Islands and its authorities (Article 0 exercise the powers, authorities and privileges exercised by members of the Solomon Islands Police Force. Article (Article 0 arrange consultations with other national commanders if a national military commander of a country contributing personnel to the Participating Armed Forces makes such a request (Article (iv) Under the Agreement New Zealand Personnel in general will have: 0 Immunity from legal proceedings in the Solomon Islands for all acts or omissions carried out in the course of of?cial duties. Criminal jurisdiction will not be exercised over visiting contingent members for actions taking place in the Solomon Islands Outside the course of of?cial duties) if such jurisdiction is asserted by the assisting country. 0 Reservations are not Speci?cally provided for in the text although article 23 provides for the variation or suSpension of this agreement subject to the parties agreeing. Economic, Social, Cultural and Environmental Effects There are no immediate economic, social, cultural or environment effects on New Zealand per se, but the Agreement is likely to contribute and bene?t the regional security in the Paci?c by allowing countries to help restore peace and security and civil order, to facilitate the more effective functioning of Governmental institutions, and to help revive the Solomon Islands economy. This is reflected in the Agreement itself whereby the signatories have noted that deteriorating law and order and security in the Solomon Islands poses a threat to the good governance and economic prosperity of the Solomon Islands. They also acknowledged the need to assist the effective functioning of government, the restoration of con?dence in law and order, and the economic recovery of Solomon Islands. Costs While there are costs associated with the deployment of poiice, armed forces and other civilian personnel, there are none consequential on the terms of the Agreement itself. Future Protocols None are likely or anticipated. Implementation Currently under New Zealand law we do not have any basis for exercising jurisdiction over police personnel serving in non-UN operations or for civilians involved in such operations. The absence of a mechanism under New Zealand law to assume jurisdiction over New Zealand police and civilians may mean under the Agreement that, if these personnel were NATIONAL INTEREST ANALYSIS involved in offences falling outside of official duties, then they might be prosecuted and imprisoned in the Solomon Islands for them. The Crimes and Misconduct (Overseas Operations) Bill has thus been prepared and introduced into the House to allow New Zealand to exercise its jurisdiction over police and civilians serving in overseas operations such as that underway in the Solomon Islands. Its introduction would thus minimise possible exposure of New Zealand police and civilian members to such prosecution and imprisonment in the Solomon Islands, or other countries where similar operations might be undertaken in the future. It would also prevent such personnel having impunity from prosecution in situations where they enjoy immunity, subject to the usual protections available to them e.g. for acts undertaken in the course of of?cial duties. Consultation The views of the New Zealand Police and the New Zealand Defence Force have been considered. Withdrawal or Denunciation The Agreement will expire on the complete withdrawal of the Visiting Contingent from the Area of Operations unless otherwise agreed by the Parties The Assisting Countries may at any time withdraw any or all of their members of the Visiting Contingent from the Area of Operations after consultation with the Government of the Solomon Islands. The Government of the Solomon Islands may at any time in writing request withdrawal of the Visiting Contingent from the Area of Operations. On receipt of such written notice, the Visiting Contingent must withdraw prior to the expiration of 3 months from the date of receipt of that notice. AGREEMENT BETWEEN SOLOMON ISLANDS, AUSTRALIA, NEW ZEALAND, FIJI, PAPUA NEW GUINEA, SAMOA, AND TONGA CONCERNING THE OPERATIONS AND STATUS OF TIIE POLICE AND ARMED FORCES AND OTHER PERSONNEL DEPLOYED TO SOLOMON ISLANDS TO ASSIST IN TIIE RESTORATION OF LAW AND ORDER AND SECURITY AGREEMENT BETWEEN SOLOMON ISLANDS, AUSTRALIA, NEW ZEALAND, FIJI, PAPUA NEW GUINEA, SAMOA, AND TONGA CONCERNING THE OPERATIONS AND STATUS OF THE POLICE AND ARMED FORCES AND OTHER PERSONNEL DEPLOYED TO SOLOMON ISLANDS TO ASSIST IN THE RESTORATION OF LAW AND ORDER AND SECURITY SOLOMON ISLANDS, AUSTRALIA, NEW ZEALAND, FIJI, PAPUA NEW GUINEA, SAMOA, AND TONGA RECOGNISING the need for cooperation between members of the Paci?c Islands Forum; NOT IN that deteriorating law and order and security in Solomon Islands poses a threat to good governance and economic prosperity of Solomon Islands; NOTIN FURTHER the requests for assistance in restoring law and order and security dated 4 July 2003 from the Governor-General of Solomon Islands acting on :the advice of the Cabinet of Solomon Islands; OTING FURTHER the endorsement of the Ministers of Foreign Affairs of the Paci?c Islands Forum on 30 June 2003, pursuant to the Biketawa Declaration, of the provision of a package of strengthened assistance to Solomon Islands, including a policing operation to restore law and order, supported as required by armed peace- keepers, and a program of assistance to strengthen the justice system and restore the economy and basic services; ACKNOWLEDGING the need to assist the effective functioning of government, the restoration of con?dence in law and order, and the economic recovery of Solomon Islands; and NOTING FURTHER the desirability of establishing the agreed basis for the operations and status of police and armed forces and other personnel deployed to Solomon Islands; HAVE AGREED as follows: Article 1 De?nitions ?Area of Operations? means the territory of Solomon Islands, all areas where it exercises maritime jurisdiction, and the superjacent airspace. ?Assisting Country? means Australia, New Zealand, Fiji, Papua New Guinea, Samoa, Tonga or such other State which, with the concurrence of the Parties to this Agreement, contributes personnel to the Visiting Contingent. ?Participating Police Force? means police force and associated personnel of Australia, New Zealand, Fiji, Papua New Guinea, Samoa, Tonga and such other State which, with the concurrence of the Parties to this Agreement, contributes such personnel to the Visiting Contingent. ?Participating Armed Forces? means armed forces and associated personnel of Australia, New Zealand, Fiji, Papua New Guinea, Samoa, Tonga and such other State which, with the concurrence of the Parties to this Agreement, contributes such personnel to the Visiting Contingent. ?Visiting Contingent? means a contingent of persons that consists of the Participating Police Force and the Participating Armed Forces and other personnel of the Assisting Countries or of other countries where those other personnel are noti?ed to the ministry of the Government of Solomon Islands responsible for foreign affairs. Article 2 Security Assistance The Assisting Countries may deploy a Visiting Contingent of police forces, armed forces and other personnel to Solomon Islands to assist in the provision of security and safety to persons and property; maintain supplies and services essential to the life of the Solomon Islands community; prevent and suppress violence, intimidation and crime; support and develop Solomon Islands institutions; and generally to assist in the maintenance of law and order in Solomon Islands. Article 3 Duration of Assistance 1. The Visiting Contingent may provide assistance as speci?ed in Article 2 of this Agreement for such period as the Governments of Solomon Islands and the Assisting Countries mutually agree to be necessary to achieve the purpose of their deployment to the Area of Operations. 2. The Assisting Countries may at any time withdraw any or all of their members of the Visiting Contingent from the Area of Operations. A signi?cant withdrawal of members of the Visiting Contingent, other than for the purpose of rotation, will only take place after consultation with the Government of Solomon Islands. 3. The Government of Solomon Islands may at any time in writing request withdrawal of the Visiting Contingent from the Area of Operations. On receipt of such written notice, the Visiting Contingent shall withdraw prior to the expiration of 3 months from the date of receipt of that notice. Article 4 Command and Control of the Visiting Contingent . The head of the Visiting Contingent shall be a person nominated by the Government of Australia, in consultation with the Government of Solomon Islands. The head of the Visiting Contingent shall have responsibility, subject to any arrangements between Assisting Countries, for leading and managing the Visiting Contingent, and for related liaising with the Government of Solomon Islands and Assisting Countries. . While respecting the laws of Solomon Islands, the Visiting Contingent shall have sole responsibility for the internal command, control, discipline and administration of members of the Visiting Contingent. . The head of the Visiting Contingent may request an Assisting Country to withdraw any personnel contributed to the Visiting Contingent. The head of the Visiting Contingent shall give reasons for any such request and an Assisting Country shall comply forthwith with any such request. Article 5 Status of Participating Police Force . The most senior Australian Police Of?cer of the Participating Police Force, shall be the head of the Participating Police Force, with responsibility for control of that Force. In exercising that control, the head of the Participating Police Force shall consult with the head of the Visiting Contingent. . The head of the Participating Police Force shall be appointed a Deputy Commissioner of the Solomon Islands Police Force. Other members of the Participating Police Force may be appointed to the Solomon Islands Police Force. . Members of the Participating Police Force appointed to the Solomon Islands Police Force shall not be required to make an oath or af?rmation of allegiance. . Members of the Participating Police Force are subject only to the orders of, and instructions from: i) the head of the Participating Police Force; and ii) where appointed to the Solomon Islands Police Force, the Commissioner of the Solomon Islands Police Force, in consultation with the head of the Participating Police Force. Subject to subparagraph members of the Participating Police Force shall not be subject to the orders of or instructions from any other member of the Solomon Islands Police Force. 10. The Participating Police Force shall work co-operatively with the Government of Solomon Islands and its authorities, and consult with the Commissioner of the Solomon Islands Police Force, to achieve the purposes set out in Article 2. Any tasks or orders carried out by members of the Participating Police Force shall be consistent with the laws, procedures and standards of conduct applicable to them in their own country. The Participating Police Force shall not be subject to any regulations concerning the administration or discipline of the Solomon Islands Police Force, or to the jurisdiction of any Solomon Islands disciplinary authority, court or tribunal. A member of the Participating Police Force shall exercise the powers, authorities and privileges exercised by members of the Solomon Islands Police Force, irrespective of whether that member has been appointed pursuant to paragraph 2. In addition to the powers and authorities referred to in paragraph 8, the Participating Police Force may use such force as is reasonably necessary to achieve the purposes set out in Article 2. Upon request made by a Police Commissioner of a country contributing personnel to the Participating Police Force, the application or implementation of this Article shall be the subject of consultations between the relevant Police Commissioners. Article 6 Status of Participating Armed Forces The most senior Australian Defence Force member of the Participating Armed Forces shall be the commander of those armed forces, with responsibility for the control of those Forces. In exercising that control, the commander shall consult with the head of the Visiting Contingent. During the period of their assignment to the Visiting Contingent, members of the Participating Armed Forces shall remain under national command. Additional arrangements for command of members of the Participating Armed Forces may be made between the Assisting Countries separately. The Participating Armed Forces shall work co-operatively with the Government of Solomon Islands and its authorities to achieve the purposes set out in Article 2. Members of the Participating Armed Forces shall exercise the powers, authorities and privileges exercised by members of the Solomon Islands Police Force. In addition to the powers and authorities referred to in paragraph 4, the Participating Armed Forces may use such force as is reasonably necessary to achieve the purposes set out in Article 2. Upon request made by the national military commander of a country contributing personnel to the Participating Armed Forces, the application and implementation of this Article shall be the subject of consultations between the relevant national military commanders. Article 7 Uniform and Carriage of Weapons Members of the Visiting Contingent may wear their respective national uniform when on of?cial duty in Solomon Islands. Members of the Visiting Contingent may possess, carry and use arms in accordance with their internal orders or rules in order to protect themselves or the Visiting Contingent, other persons, property of the Visiting Contingent, public or private property, or to achieve any of the purposes set out in Article 2. Article 8 Detention and Disarmament Members of the Participating Armed Forces and Participating Police Force and other members of the Visiting Contingent appointed to the Solomon Islands Police Force may detain and disarm any person or persons who are committing or attempting to commit offences in relation to person or property. The detention and disarmament will be for ful?lment of the purposes set out in Article 2. Persons detained and disarrned shall be delivered to the appropriate authorities for the purpose of dealing with any such offence. Members of the Participating Armed Forces, Participating Police Force and other members of the Visiting Contingent appointed to the Solomon Islands Police Force may take into custody any person they detain or disarm or who is not authorised to be on the premises of the Visiting Contingent provided in Article 17 in order to deliver him or her to the appropriate authorities. Article 9 Seizure and Destruction of Weapons The Visiting Contingent may seize any weapons and ammunition as necessary for the achievement of the purposes set out in Article 2. The Visiting Contingent may, with the permission in writing of the Commissioner of the Solomon Islands Police Force, destroy such seized weapons and ammunition. The Visiting Contingent shall, as far as is practicable, record particulars of weapons and ammunition, seized 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. Article 10 Jurisdiction The Visiting Contingent shall take all appropriate measures to ensure that the laws and regulations of Solomon Islands are observed and respected. Members of the Visiting Contingent and the Assisting Countries shall have immunity from legal proceedings in Solomon Islands courts and tribunals in relation to actions of the Visiting Contingent or its members that are taken in the course of, or are incidental to, official duties. Legal proceedings for the purpose of this paragraph include criminal, civil, disciplinary and administrative proceedings, and proceedings seeking to enforce customary law. Criminal and disciplinary jurisdiction shall not be exercised over a member of the Visiting Contingent arising out of an action taking place in Solomon Islands if such jurisdiction is asserted over that member in respect of that action by an Assisting Country. Where criminal and disciplinary jurisdiction has been exercised over a member of the Visiting Contingent arising out of an action taking place in Solomon Islands, that jurisdiction will be relinquished to an Assisting Country if that country asserts jurisdiction over that member in respect of that action. Where an Assisting Country asserts the jurisdiction referred to in paragraphs 3 and 4 over a member of the Visiting Contingent, that Assisting Country shall ensure that appropriate action is taken against that member consistent with its laws and practices. An Assisting Country may waive immunity granted by paragraph 2 to that country or its personnel. Where an Assisting Country waives the criminal or civil immunity of any of its personnel as provided in paragraph 2 or an Assisting Country asserts the jurisdiction referred to in paragraphs 3 and 4, the Assisting Country and Solomon Islands authorities shall assist each other in carrying out all necessary investigations into any offences alleged to have been committed by that member. Such investigations shall include the collection and production of evidence in relation to any alleged offence or offences committed by the member. When so requested by head of the Visiting Contingent, the Solomon Islands authorities may take into custody any member of the Visiting Contingent, without subjecting them to any routine of arrest, in order immediately to deliver them, together with any items seized, to the nearest appropriate authorities of the Visiting Contingent. 9. The Government of Solomon Islands, on receipt of a request from an Assisting Country, shall assist that country in relation to any criminal or internal disciplinary proceedings against a member of the Visiting Contingent. Article 11 Discipline Each Assisting Country shall take all appropriate measures to ensure the maintenance of discipline and good order among its members of the Visiting Contingent. Article 12 Obligations under International Law In giving effect to this Agreement, the Parties shall act in a manner consistent with their obligations under international law. Article 13 Claims 1. Claims involving the Visiting Contingent arising in the Area of Operations shall be dealt with in accordance with this Article. 2. Each Party waives any claim against any of the other Parties in respect of: loss of, or damage (including loss of use) to, property owned, hired or chartered by a Party and used by the Visiting Contingent; maritime salvage of any vessel or cargo owned by a Party and used by the Visiting Contingent; and (0) personal injury or death suffered by any member of the Visiting Contingent which arises out of any act or omission of any member of the Visiting Contingent in the performance of of?cial duties. 3. Solomon Islands waives any claims against any of the other Parties in respect of loss of, or damage to, any of its state property and the personal injury or death suffered by any person employed by or in the service of the Government of Solomon Islands. 4. The Parties shall consult on claims not otherwise covered by this Article. l. 2. Article 14 Entry and Departure Solomon Islands authorities shall facilitate the entry into, and departure from, Solomon Islands of the Visiting Contingent. Members of the Visiting Contingent shall be exempt from visa laws and orders and immigration inspection and restrictions on entering into or departing from Solomon Islands. Members of Participating Armed Forces may enter into, and exit from, Solomon Islands on presentation of military identi?cation issued by the relevant Participating Armed Forces. The Government of Solomon Islands shall grant all members of the Visiting Contingent exemption from departure tax. Members of the Visiting Contingent shall be exempt from any laws and orders governing the residence of aliens in Solomon Islands, including registration, but shall not be considered as acquiring any right to permanent residence or domicile in Solomon Islands. The Visiting Contingent may import into and export from Solomon Islands without licence, other restriction or registration and free of customs, duties and taxes, and inspection, any equipment (including vehicles, vessels and aircraft) and other supplies required by them for the purpose of their operations, together with personal effects of, and items for the personal consumption or use by, members of the Visiting Contingent. Any personal property imported duty-free which is sold in Solomon Islands by members of the Visiting Contingent to persons other than those entitled to duty?free import privileges shall be subject to customs and other duties on its value at the time of sale. Article 15 Freedom of Movement Members of the Visiting Contingent together with service vehicles, vessels, aircraft, equipment and supplies shall enjoy freedom of movement throughout Solomon Islands. Article 16 Transport and Financial Arrangements The Visiting Contingent shall have the unimpeded right to the use of roads, bridges, canals and other waters, port and air?eld facilities and airspace without payment of dues, tolls or other charges or fees throughout the area of operations. Members of the Visiting Contingent may possess, store and operate vehicles, vessels, aircraft and other equipment, including medical equipment and supplies, without a permit or licence or restriction and free of duties, taxes and charges. . Vehicles, vessels, aircraft and other equipment, including medical equipment and supplies, provided and used by members of the Visiting Contingent shall not be subject to registration or licensing under the laws and regulations or orders of Solomon Islands. . The Assisting Countries shall be responsible for the salary, allowances, removal expenses, costs of transport to Solomon Islands, and medical and dental expenses of members of the Visiting Contingent. . Remittances between the Assisting Countries and Solomon Islands shall be freely allowed for: a) funds derived by members of the Visiting Contingent; b) funds derived by members of the Visiting Contingent from sources outside Solomon Islands, subject to any relevant laws, regulations or policies of the Assisting Countries; 0) funds derived from the proceeds of sales of personal effects or other property used by members of the Visiting Contingent while serving in Solomon Islands which are disposed of in connection with their departure from Solomon Islands. . Members of the Visiting Contingent shall be exempt from taxation by the Government of Solomon Islands on their pay and other emoluments. They shall also be exempt from any other direct taxes (including death duties), fees and charges. . The Visiting Contingent may purchase locally produced goods and commodities that it requires in ful?lment of the purposes of Article 2 free of duties, taxes and charges. Article 17 Accommodation and Facilities . The Visiting Contingent shall establish such areas for headquarters, camps, training areas, or other premises as may be necessary for the accommodation and to achieve the purposes set out in Article 2. Without prejudice to the fact that all such premises remain Solomon Islands territory, they will be inviolable and subject to the exclusive control and authority of the Visiting Contingent. The consent of the head of the Visiting Contingent shall be required for the entry into such premises by any person. Subject to paragraph 3, the Assisting Countries shall cover the personal accommodation and transport costs of members of the Visiting Contingent. . Unless otherwise negotiated, the Government of Solomon Islands shall provide for members of the Visiting Contingent, free of charge, such premises (including facilities and administrative support) as may be necessary for the accommodation and the ful?lment of the functions of the Visiting Contingent. Unless otherwise negotiated, the Visiting Contingent shall have the right to the use of water, electricity and other public utilities free of charge. The Visiting Contingent may generate, transmit and distribute electricity for its own use free of charge and without being subject to regulation or licensing requirements. Where members of the Visiting Contingent are required to use vehicles, vessels, aircraft, or other equipment of the Government of Solomon Islands, in carrying out their duties, the use of those vehicles, vessels, aircraft and equipment shall be provided free of charge. Article 18 Communications and Postal Services The Visiting Contingent shall have the authority to install and operate radio and satellite sending and receiving stations to make direct contact with the Assisting Countries. The Visiting Contingent shall enjoy the right of unrestricted communications by radio, television, telephone or any other means and of establishing the necessary facilities for maintaining such communications within and between premises of the Visiting Contingent, including the laying of cables and land lines and the establishment of ?xed and mobile radio and satellite sending and receiving stations. The Visiting Contingent may process and transport mail addressed to or sent from the Visiting Contingent or members of the Visiting Contingent. Solomon Islands shall not interfere with the mail of the Visiting Contingent. Article 19 Health and Safety Members of the Visiting Contingent who are medical, nursing or paramedic staff may treat members of the Visiting Contingent and other persons, including residents of Solomon Islands, as required without being subject to registration or licensing under the laws and regulations or orders of Solomon Islands. The Government of Solomon Islands shall provide all practicable assistance to members of the Visiting Contingent in relation to health and safety issues that may arise. The Visiting Contingent may take charge of, and repatriate, the body of a member of the Visiting Contingent who has died in Solomon Islands. Article 20 Additional Matters Any matter not covered by this Agreement shall be the subject of mutually acceptable arrangements made from time to time between the Parties. Article 21 Supplemental Arrangements Supplemental details for the carrying out of this Agreement shall be made as required between the Government of Solomon Islands and the Governments of the Assisting Countries. Article 22 Consultations Any matter arising under this Agreement with respect to its interpretation, application or implementation shall be settled by consultation or negotiation between the Parties and shall not be referred to any third party or tribunal for resolution. Article 23 Variation and suspension The Parties may agree to a variation or suspension of this Agreement or a part or parts thereof. Article 24 Entry into Force and Duration 1. This Agreement shall be open for signature by Solomon Islands and the Assisting Countries. 2. Each Signatory shall notify the other in writing of the completion of the constitutional formalities by its laws for the entry into force of this Agreement. This Agreement shall enter into force on the date of the later of the two noti?cations by Solomon Islands, on one part, and any one of the Assisting Countries, on the other. The Agreement shall enter into force subsequently for each other Party on the date of noti?cation by that Party. 3. Unless otherwise mutually agreed by the Parties, this Agreement shall expire on the complete withdrawal of the Visiting Contingent from the Area of Operations. 4. Expiry of this Agreement shall not affect any liabilities, rights and obligations arising out of the Agreement, and any immunity relating to actions taking place during the period of the Agreement. 5. This Agreement shall prevail over any existing agreement as between any of the Parties to this Agreement to the extent necessary to give effect to this Agreement. Article 25 Depository Australia shall be the depository for this Agreement. IN WITNESS WHEREOF the undersigned being duly authorised by their respective Governments have signed this Agreement. DONE at Townsville this ref? day of Twig two thousand and three. FOR SOLOMON ISLANDS FOR NEW ZEALAND {as i FOR PAPUA NEW GUINEA FOR SAMOA WW FOR TONGA Mada. FOR COOK ISLANDS FR ALU Agreement: Regional assistance Mission to the Solomon Islands (RAMSI) Status List as at 21 September 2006 Depositary: Australian Government Agreement between Solomon Islands, Australia, New Zealand, Fiji, Papua New Guinea, Samoa and Tonga concerning the operations and status of the Police and Armed Forces and Other Personnel deployed to Solomon Islands to assist in the restoration of law and order and security, done at Townsville on 24 July 2003 [2003] ATS 17 Participant Signature Rati?cation Entry into Force Australia 24 July 2003 24 July 2003 24 July 2003 Cook Islands 15 August 2003 Fiji 24 July 2003 8 August 2003 8 August 2003 Kiribati 15 August 2003 22 August 2003 22 August 2003 Marshall Islands 15 August 2003 26 April 2006 26 April 2006 Federated States of 15 August 2003 5 May 2005 5 May 2005 Micronesia Nauru 15 August 2003 26 January 2004 26 January 2004 New Zealand 24 July 2003 24 July 2003 24 July 2003 Niue 15 August 2003 Palau 15 August 2003 Papua New Guinea 24 July 2003 Samoa 24 July 2003 3 September 2004 3 September 2004 Solomon Islands 24 July 2003 24 July 2003 24 July 2003 Tonga 24 July 2003 5 September 2003 5 September 2003 Tuvalu 15 August 2003 11 September 2004 11 September 2004 Vanuatu 15 August 2003