Treaty
between the Republic of Atlasia and the
State of Israel for Defense and Security Cooperation
[Location], [Date]
As presented to the Senate
by the Secretary of External Affairs
by Command of the President
[Month, Year]
TREATY BETWEEN THE REPUBLIC OF ATLASIA AND THE STATE OF ISRAEL FOR DEFENSE AND SECURITY COOPERATION
The Republic of Atlasia and the State of Israel, hereinafter referred to as "The Parties",
Recalling that their foreign and defense policies are founded on common interests, values and responsibilities,
Mindful of their rights and obligations under the Charter of the United Nations,
Believing that greater defense and security cooperation strengthens the ties between their nations and international security,
Bearing in mind that they do not see situations arising in which the vital interests of either Party could be threatened without the vital interests of the other also being threatened,
Determined to address strategic challenges, promote international peace and security, ensure collective security, deter and dissuade against potential aggressors and counter threats, including terrorism, proliferation of weapons of mass destruction and cyber-attacks,
Seeking to improve further the effectiveness and interoperability of their armed forces,
Recalling that the control of their armed forces, the decision to employ them and the use of force shall always remain a matter of national sovereignty,
Convinced that a technological and industrial defense base which is robust and competitive is both a strategic and an economic necessity for the two Parties,
Have agreed as follows:
ARTICLE 1
Objectives
The Parties, building on the existing strong links between their respective defense and security communities and armed forces, undertake to build a long-term mutually beneficial partnership in defense and security with the aims of:
1. maximizing their capacities through coordinating development, acquisition, deployment and maintenance of a range of capabilities, facilities, equipment, materials and services, to perform the full spectrum of missions, including the most demanding missions;
2. reinforcing the defense industry of the two Parties, fostering cooperation in research and technology and developing cooperative equipment programs;
3. deploying together into theatres in which both Parties have agreed to be engaged, in operations conducted under the auspices of the United Nations or in a coalition or bilateral framework, as well as supporting, as agreed on a case by case basis, one Party when it is engaged in operations in which the other Party is not part.
ARTICLE 2
Scope
The Parties agree that cooperation undertaken under the provisions of this Treaty
shall include:
1. the strengthening of the cooperation between the armed forces of both Parties which shall include increasingly close cooperation in the following fields: the conduct of joint exercises and other training activities; joint work on military doctrine and exchange of military personnel; sharing and pooling of materials, equipment and services, and, subject to the provisions of Article 5(2), close co-operation in contributing to and pooling forces and capabilities for military operations and employment of forces;
2. continuing and reinforcing the work on industrial and armament cooperation, involving industry as appropriate, through a long-term joint approach aimed at delivering effective military equipment in the most efficient manner, minimizing national constraints and strengthening industrial competitiveness;
3. the building and joint operating of such facilities as may be agreed between the Parties;
4. the sale or loan of materials, equipment and services by one Party to the other Party or the procurement by both Parties from third Parties;
5. the development of their defense technological and industrial bases around key technologies with efficient corporate governance mechanisms;
6. the attachment or exchange of personnel between the Parties;
7. the exchange of information relating to the political, policy, planning and decision-making processes involved in the planning, launching and command and control of bilateral and multilateral military and civil-military operations;
8. subject to national security regulations, the exchange of classified data and information relating to the performance of different defense equipment and systems as well as for operational purposes.
ARTICLE 3
Deployment and Employment of Forces
1. The deployment and employment of the armed forces of each Party shall remain a national responsibility at all times.
2. The deployment or employment of the armed forces of one Party together with or on behalf of the other Party in any operation shall be on the express command of the first Party and in agreement in writing with the other Party. Such deployment or employment shall involve, after careful consideration by both Parties, a direction by the Parties to their respective authorities concerning the strategic objectives, scale of operation, mission, duration and end state. The Parties shall form, in advance of deployment or employment, a common understanding of the purpose and the legal basis under international law for such deployment or employment and appropriate and complementary rules of engagement.
3. Appropriate command and control arrangements shall be agreed by both Parties for all bilateral deployments or operations.
ARTICLE 4
Access to Facilities, Equipment or Support Functions
1. Each Party undertakes to make available and to guarantee unhindered access to any facility, equipment and support function where cooperation undertaken under this Treaty has led to both Parties sharing facilities, equipment or support functions or to dependence by one Party on facilities, equipment or support
functions of the other Party, subject to any exceptions to such access set out in any applicable agreement or arrangement relating to such cooperation.
2. If such agreement or arrangement is terminated, its substantive provisions and the obligations referred to in paragraph 1 above shall continue to apply until such reasonable time as the other Party has generated or established or has access to an alternative facility or to an alternative source of such equipment or support function. Any modalities for implementing such continued application, where necessary, shall be defined in appropriate agreements or arrangements between the Parties.
3. In paragraphs 1 and 2 above the provision of support functions includes any necessary personnel.
ARTICLE 5
Procurement and Future Capability Programmes
The Parties undertake to compare, at the earliest possible dates, capability objectives and prospective programs and, to the greatest extent practicable, to harmonize timelines and requirements. The Parties undertake to consult before taking any decision on significant capability programs or procurement.
ARTICLE 6
Transfer, Access to the Market and Export Licensing
1. In implementing laws, regulations and any stated policies on the export of armament materials and technology, the Parties undertake to facilitate to the greatest extent possible the transfer of defense and security equipment and services between the Parties, consistent with their national licensing procedures.
2. Each Party undertakes not to hinder legitimate access to its markets and to its Government contracts in the field of defense and security.
3. The Parties agree to facilitate and promote the export of defense and security equipment jointly produced by Atlasian and Israeli entities to third parties, by agreement and within the framework of their respective national legislation.
4. The rights and obligations set out in paragraphs 1 to 3 above shall be subject to the international rights and obligations of the Parties, and shall accordingly be given effect in a manner consistent with such rights and obligations.
ARTICLE 7
Industry and Technology
1. The two Parties undertake to develop and to preserve key industrial capabilities and defense technologies so as to improve their independence in relation to key defense technologies and to increase their security of supply and to develop the operational capabilities of their armed forces.
2. To those ends, the Parties shall work to minimize unnecessary regulatory hindrance, improve dialogue between the defense companies of both Parties and foster their rationalization with the objective of enabling the purchase of equipment best suited to the performance and cost requirements of both Parties.
ARTICLE 8
Costs and Benefits
The Parties shall share equitably all costs and benefits incurred as a result of their involvement in the totality of cooperation undertaken under this Treaty, including all overhead and administrative costs unless otherwise provided for in related agreements or arrangements.
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