ARTICLE I
PURPOSE:
A. The purpose of this charter is to set forth the purpose, authority, tasks, structure, and standard procedures of the Italy-United States standing Joint Military Commission (JMC). The JMC is established in accordance with Article II of the 1995 Memorandum of Understanding between the Ministry of Defense of the Republic of Italy and the Department of Defense of the United States of America Concerning Use of Installations/Infrastructure by U.S. Forces in Italy, hereinafter referred to as the 1995 Memorandum of Understanding.
B. The purpose of the JMC is to deal with and resolve questions or differences which may arise concerning the interpretation and implementation of the 1995 Memorandum of Understanding and relevant bilateral technical arrangements. Proposals to amend the 1995 Memorandum of Understanding may be included in matters for discussion by the JMC.
ARTICLE II
AUTHORITY:
The JMC serves the Italian Defense General Staff (IDGS) and the U.S. European Command (USEUCOM), hereinafter referred to as the “Parties,” as a forum for discussing all matters pertaining to the interpretation and implementation of the 1995 Memorandum of Understanding and of relevant bilateral technical arrangements between Italy and the United States. Each Party to the JMC will follow the directions of its respective national authorities and will submit in advance to the competent national authority for guidance all issues the JMC will consider.
ARTICLE III
TASKS:
The JMC will endeavor to ensure the fulfillment of the agreements and understandings reached between the two governments, deriving from the implementation of the 1995 Memorandum of Understanding and of relevant bilateral technical arrangements, and will strive to:
A. Resolve questions or differences which may arise concerning the interpretation and implementation of the 1995 Memorandum of Understanding and of relevant bilateral technical arrangements;
B. Encourage the direct exchange of information on matters of a routine or relatively minor nature between the commanders at the lowest possible level, and their direct resolution, rather than relying on the JMC;
C. Transmit agreed guidance to military officials through the respective Italian and U.S. chains of command;
D. Formally transmit and receive information on matters of great importance, ensuring that such information is immediately brought to the attention of the appropriate officials;
E. Promote mutual understanding and goodwill between the Italian people and members of the Italian and U.S. Armed Forces;
F. Encourage and facilitate the establishment of bilateral military commissions at the local level to discuss and resolve issues of local concern, and identify and forward issues of nation-wide importance to the appropriate national authorities; and
G. Encourage the informal exchange of views and ideas on matters of mutual interest through other types of discussions, meetings, and conferences.
ARTICLE IV
SCHEDULE OF MEETINGS AND RESPONSIBILITY TO SERVE AS HOST:
The JMC shall meet every four (4) months or whenever deemed necessary by mutual agreement of the JMC chairmen. The Parties shall alternate as hosts. The official language at the meetings will be that of the hosting Party.
ARTICLE V
COMPOSITION OF COMMITTEE:
A. The Italian representatives on the JMC will be composed of not more than six members. The Chief of the Italian Defense General Staff shall appoint the members. One member shall serve as chairman and preside when Italy serves as host.
B. The United States representatives on the JMC will be composed of not more than six members. The Deputy Commander in Chief, U.S. European Command, shall appoint the members. One member shall serve as chairman and preside when the United States serves as host.
C. The chairman for each Party shall be a representative from the respective Department of Defense and shall be of flag/general officer rank. To the extent practicable, the other members shall be senior officials representing those agencies responsible for carrying out the terms of the 1995 Memorandum of Understanding and relevant bilateral technical arrangements in Italy.
D. By mutual agreement, either or both the Italian or United States chairmen may have technical advisors present at the meetings for the purpose of consultation.
ARTICLE VI
AGENDA:
A. There will be an agenda for each meeting containing matters to be discussed or resolved between the two Parties. Either Party may propose items to be included on the agenda for each meeting.
B. At least 30 days prior to the scheduled date of a meeting, the Party serving as host for that meeting will submit a proposed agenda to the other Party for review. The other Party will approve, or make suggested changes to, the agenda at least 15 days before the meeting. The Party serving as host for that meeting shall make the final decision as to the contents of the agenda.
C. The proponent of an agenda item shall be responsible for making the initial presentation concerning that item. All concerned shall have full and equal opportunity for discussion of and comment on each item; however, the chairman presiding over the meeting shall exercise reasonable control so that all agenda items are covered and the agenda is completed within a reasonable period of time.
ARTICLE VII
DECISION MAKING:
A. All decisions shall be made on the basis of consensus after full opportunity for sharing of views and discussion. The chairmen, upon mutual agreement, will determine when consensus has been reached.
B. In the event the JMC is unable to resolve an issue to the satisfaction of both the Parties, the Parties will refer the issue to appropriate higher authorities within the IDGS and USEUCOM.
ARTICLE VIII
MAINTAINING MINUTES AND OTHER RECORDS:
A. The host is responsible for preparing, translating, and, upon signature, distributing minutes of each meeting of the JMC. The official minutes shall be prepared in both Italian and English.
B. Matters for the JMC to consider may be in either written or verbal form. The minutes shall reflect the substance of all the matters considered.
C. Once the chairmen or acting chairmen of both the Italian delegation and the U.S. delegation of the JMC are satisfied that the minutes accurately reflect the substance of the meeting, they shall sign both sets of the minutes in both languages. These records shall be handled as privileged information (For Official Use Only).
D. The Parties shall file signed duplicate originals in both languages in the III Division of the IDGS and with the U.S. Sending State Office for Italy. All signed copies shall be equally official and authoritative.
E. The signed minutes, including any documents appended thereto, shall be considered accurate and valid for all purposes.
ARTICLE IX
APPROVAL AND ENTRY INTO FORCE:
A. This Charter is valid, and will enter into force, immediately upon approval by both Parties as indicated by signatures in Article X below. The first meeting of the JMC shall take place within three (3) months of approval indicated by signatures in Article X below.
B. This Charter may be amended at any time upon mutual agreement of the Parties.
C. This Charter may be terminated upon mutual agreement of the Parties or six (6) months after either party provides written notice of termination to the other.
ARTICLE X
SIGNATURES:
In witness whereof, the Parties hereby have signed this Charter this 7th day of June,2001.
/s/
Lt. Gen. Vincenzo Camporini,
Vice Chief, Italian Defense General Staff
/s/
Gen. C. W. Fulford, Jr.,
Deputy Commander in Chief, U.S. European Command
