BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ARMENIA AND THE GOVERNMENT OF THE ITALIAN REPUBLIC IN THE FIELD OF DEFENCE

The Government of the Republic of Armenia and the Government of the Italian Republic (hereinafter referred to as the "Parties"):

- confirming their commitment to the Charter of the United Nations.

- desiring to enhance co-operation between the Countries in the field of Defence and in the spirit of Partnership for Peace.

- desiring to promote friendly relations and bilateral co-operation between Aimed Forces of the two Countries,

have agreed as follows:

ARTICLE 1

CO-OPERATION PRINCIPLES

The co-operation in the field of defence between the Parties, ruled by the principles of equality, reciprocity and mutual interest, will be carried out in conformity with their countries¹ respective domestic legislation and international commitments to encourage facilitate and develop co-operation in the field of defence.

ARTICLE 2

General Co-operation

1. Implementation

1) On the basis of this Agreement the authorized bodies of the Parties may elaborate long-term and annual plans of bilateral co-operation in the military sphere, which will determine prospective lines of that sort of co-operation and should include names, venues and dates of co-operation activities, the number of the participants as well as the implementation modalities of the activities.

2) The annual plan of co-operation shall be signed by authorized officials of the Parties after mutual agreement.

3) The organization and conduct of concrete co-operation activities in the Defence field will be carried out by the Ministry of Defence of the Republic of Armenia and the Ministry of Defence of the Italian Republic.

4) Possible consultations of the authorized bodies of the Parties will be conducted on the rotational principle respectively in Yerevan and Rome in order to draw up and agree, if advisable and subject to bilateral approval, possible specific arrangements to supplement and complete this Agreement, as well as possible co-operation programs between the Armed Forces of the Republic of Armenia and the Armed Forces of the Italian Republic.

2. Fields

Co-operation between the Parties may include, but is not limited to the following areas:

1) security and defence policy;

2) military-legal preparedness:

3) research and development, logistic support, and acquisition of military purpose products and services;

4) Peace Support and humanitarian operations;

5) structure and equipment of military units, personnel management;

6) organization and management of the Armed Forces;

7) organizational-mobilization preparedness;

8) environmental issues and pollution caused by military activities;

9) education and training in military field;

10) military medical service;

11) military history;

12) military sport;

13) other military fields that may be of mutual interest to both Parties.

3. Modalities

The co-operation between the Parties, on Defence matters, may take the following modalities:

1) mutual visits by delegations to civil and military entities;

2) exchange of experience between the experts of the two Parties;

3) meetings between representatives of Parties' authorized members in the field of defence;

4) personnel training and retraining at the military educational institutions;

5) exchange of lecturing and training personnel as well as of students from military institutions;

6) participation in theoretical and practical training courses, orientation periods, seminars, conferences, round table discussions and symposiums, offered in military and civil entities of Defence interest, by common agreement between the authorized bodies of the Parties;

7) participation in military exercises;

8) visits of military ships, aircrafts and other structures;

9) mutual implementation of cultural and sporting activities;

10) support of commercial initiatives related to military purpose products and services linked to defence matters;

11) any other military fields that may be of mutual interest to the Parties.

ARTICLE 3

Financial Matters

2. Without prejudice to the terms of item 2) above, the Host Party shall provide emergency treatment, which is provided free of charge, at medical facilities of its Armed Forces, to any personnel, of the sending Party who may require medical assistance during the implementation of bilateral co-operation activities under this Agreement, and, if necessary, at other health care establishments, provided that the sending Party pays for these expenses.

3. All activities carried out under this Agreement shall be subject to the availability of funds of the Parties.

ARTICLE 4

Jurisdiction

1. The Authorities of the Host Party have the right to exercise their jurisdiction over military and civilian hosted personnel for the offences carried out on their national territory and punishable under Host Party national regulations.

2. The Authorities of the Sending Party, however, have the right to exercise on priority their jurisdiction over the members of their own Armed Forces and over civilian personnel - whenever it is subject to the law in force in the Sending Party in the following cases:

1) when the offences threaten the security or goods of the Sending Party;

2) when the offences result from acts or omissions - whether due to wilful or negligent behavior - carried out during or in connection with duty service.

3. Should the above mentioned hosted personnel be involved directly or indirectly in events for which the Host Party envisages sanctions clashing with the principles of the Sending Party, the Parties, through direct consultations and in compliance with their fundamental principles, shall reach an agreement to safeguard the concerned personnel.

ARTICLE 5

Compensation for Damage

1. Compensation for any damage caused to the Host Party by a member of the Sending Party during their mission/exercise under this Agreement, will be indemnified by the Sending Party according to mutual agreement. If the damage caused in the period of implementing service duties is not a result of the gross negligence or willful misconduct it shall be indemnified by the Host Party.

2. If the Parties are jointly responsible for any loss or damage caused during or in connection to the activities under this Agreement, the Parties shall, by mutual agreement, reimburse that loss or damage.

ARTICLE 6

Co-operation in the Field of Produce, Import and Export of Military Purpose

Products

1. Support to Commercial Initiatives

The Parties, with the aim of streamlining the control concerning to military purpose products and procedures of activities related to that, agreed to support other commercial initiatives correlated to the mentioned sphere and to the areas of mutual interest.

2. Modalities

The activities in the field of Defence industry and procurement policy, research, development of military purpose products and equipment may take the following modalities:

1) Scientific research, test and design;

2) Exchange of experience in the technical sector:

3) Mutual production, modernization and mutual technical services in sectors decided by the Parties;

4) Procurement of military equipment within the frame of common programs and production ordered by one of the Parties, according to their Countries' domestic laws concerning import and export of military purpose products;

5) Support to the Defence industries and governmental bodies in order to create cooperation in the field of military purpose products.

The Parties commit themselves to put into effect the procedures required to ensure the safeguard of the intellectual activities outputs stemming from the initiatives carried out in compliance with this Agreement, according to their Countries' laws and to international agreements on the matter, signed by the Parties.

3. Commitments

The Parties will offer mutual assistance and collaboration to foster the fulfillment by industries and/or organizations regarding this Agreement and contracts signed under its provisions.

ARTICLE 7

Security of Classified Information

1. "Classified information" is any information, act, activity, document, material or things to which one of the Parties has assigned a security classification.

2. All classified information, exchanged or generated in connection with this Agreement, will be used, transmitted, stored and handled in accordance with the Parties' applicable internal laws and regulations. In addition to the above mentioned, the Armenia Party handles and protects Italian information classified "RISERVATO" and "RISHRVATISSIMO" in a manner no less stringent than the standards and procedures for its information classified "SECRET".

3. Classified information will be transferred only through the government-to- government channels approved by the National Security Authority or the Authority designated by the Parties.

4. The corresponding security classifications are:

5. Access to classified information exchanged in connection with this Agreement by the Parties’ personnel shall be granted after the need-to-know has been ascertained and an appropriate security clearance has been issued in compliance with both Countries' national laws and regulations.

6. The Parties shall ensure that all classified information exchanged, will be used only for the intended purposes within the objectives and the scope of this Agreement.

7. Transfer to Third Parties/International organizations of classified information, obtained as a result of co-operation in the field of defence covered by this Agreement, will be subject to the prior written consent of the Security Authority of the originated Party.

8. Further aspects of security relating to classified information not contained in this Agreement shall be governed by a relevant Agreement regulating the sphere between respective members in National Security sector of the Parties.

ARTICLE 8

Settlement of Disputes

Any dispute regarding the interpretation or application of this Agreement shall be resolved exclusively through consultations and negotiations between the Parties, through diplomatic channels.

ARTICLE 9

Supplementary Protocols, Amendments, Revisions and Programs

1. With the consent of both Parties, supplementary Protocols may be agreed on specific areas of co-operation on defence matters involving military and civilian entities, under the terms of this Agreement.

2. Supplementary Protocols which will be negotiated between both Parties shall be elaborated according to their Countries’ national procedures, and shall be restricted to the purposes of this Agreement and not interfere with their Countries' respective national legislations.

3. Implementation programs that will give effect to this Agreement or its Supplementary Protocols shall be elaborated, developed and implemented by the personnel authorized by the Ministry of Defence of the Republic of Armenia and the Ministry of Defence of the Italian Republic, according to mutual interest, in close coordination with the Ministries of Foreign Affairs of both Countries, where applicable.

4. This Agreement may be amended or revised by mutual consent through an Exchange of Notes between the Parties, through diplomatic channels.

5. Supplementary Protocols, amendments and revisions shall enter into force as specified in Article 10.

ARTICLE 10

Entry into Force

This Agreement enters into force on the date of the receipt of the last written notification of one Party to the other, through diplomatic channels, of the fulfillment of its respective domestic requirements for the entry into force of this Agreement.

ARTICLE 11

Duration and Termination

1. This Agreement will remain in force until one of the Parties decides, at any time, to terminate it.

2. The termination by one Party shall be notified to the other Party in writing and through diplomatic channels, being effective ninety (90) days after the receiving of the notification by the other Party.

3. The termination of this Agreement shall not affect any on-going programs and activities under this Agreement, unless otherwise decided by the Parties.

In witness thereof, the undersigned, being duly authorized thereto by their Countries' respective Governments, have signed this Agreement.

Done at Yerevan on the 17^th of October 2012 in two originals, both in Armenian. Italian and English, all texts being equally authentic. In case of any divergence on interpretation, the English text shall prevail.

The Agreement has entered into force on 6 February 2017.