Memorandum of Understanding

between 

the Ministry of Defence of the Islamic Republic of Afghanistan 

and

the Ministry of Defence of the Kingdom of Norway

concerning

the transfer of persons between the Norwegian contingent of the International Security Assistance Force to Afghan authorities

The Ministry of Defence of the Islamic Republic of Afghanistan and the Ministry of Defence of the Kingdom of Norway, 

hereinafter referred to as the Participants, 

hereby affirm and establish the following responsibilities in the event of the transfer of persons apprehended in Afghanistan from the military forces of Norway to Afghan authorities, considering all relevant United Nations Security Council Resolutions (UNSCR), in particular UNSCR 1386 (2001), 1510 (2003), 1623 (2005) and 1659 (2006), authorizing the Member States participating in the International Security Assistance Force to take all necessary measures to fulfill its mandate, which includes the support of the Afghan Transitional Administration and its successors in the maintenance of security.

The Participants undertake to establish all necessary contacts with the relevant respective national authorities with a view to fulfilling this Memorandum Of Understanding (MOU), bearing in mind the obligation to respect human rights and humanitarian law standards such as the right to life, to a fair trial and the protection against torture.

The Participants have reached the following arrangements:

Section 1

The purpose of the MOU is to establish principles and procedures concerning the transfer of persons in Afghanistan from the military forces of Norway to Afghan authorities and to affirm the Participants obligation to observe applicable international law pertaining to the treatment and transfer of such persons. 

Section 2

The Norwegian military forces are responsible for maintaining and safeguarding persons apprehended by them and will treat these persons in accordance with its national and international law.

Section 3

The Afghan authorities will accept the transfer of persons apprehended by the Norwegian military forces for investigation and possible legal proceedings. The Afghan authorities are responsible for maintaining and safeguarding all persons in accordance with its national and international law.

Section 4

Representatives of the Afghan Independent Human Rights Commission, the Norwegian military forces and others as agreed between the Participants will have full access to persons transferred from the Norwegian military forces to the Afghan authorities and the facilities where such persons are held. The military forces of Norway will notify the Afghan Independent Human Rights Commission and others as agreed between the Participants when a person has been transferred to Afghan authorities. 

Section 5

The Afghan authorities will be responsible for the accurate accountability of all persons transferred to them by the Norwegian military forces. Records will be kept and made available upon request. 

Section 6

Norwegian military forces will be notified prior to the initiation of legal proceedings involving persons transferred from the Norwegian military forces and prior to the transfer to third parties or release of such persons. Transfer to third party will only take place when such third party has committed to comply with applicable international law, in particular recognized human rights norms. Norwegian military forces will also be notified if other significant changes concerning such persons occur. 

Section 7

No person transferred from the Norwegian military forces to Afghan authorities will be subject to the execution of the death penalty.

Section 8

Any dispute about the interpretation or application of this MOU will be resolved exclusively by negotiation between the Participants. 

Section 9
This MOU may be amended at any time by mutual written consent of the Participants. 

Section 10

This MOU will come into effect on the date of the last signature and will remain in effect until terminated by any of the Participants giving thirty days written notice to the other Participant. 

Section 11

This MOU was signed in Kabul on 12 October 2006 in two original copies in English.  

For the Ministry of Defence		   		For the Ministry of Defence 
of the Islamic Republic of Afghanistan   			of the Kingdom of Norway