Title
STRATEGIC PARTNERSHIP AND COOPERATION AGREEMENT BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND GEORGIA
Preamble
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, hereinafter referred to as the "United Kingdom" or "the UK", of the one part, and GEORGIA, of the other part, hereafter jointly referred to as "the Parties",
REAFFIRMING their commitment to a broad strategic partnership, political dialogue and an intense bilateral agenda with an emphasis on defence, security, economic, commercial, educational, science, cultural and people-to-people dimensions;
CONSIDERING the strong links and common values of the Parties, and recognising the common desire of the Parties to further develop, strengthen and extend their relations in an ambitious and innovative way;
STRESSING the special importance of the Wardrop Strategic Dialogue as a core framework that successfully covers the full range of issues of bilateral cooperation;
ACKNOWLEDGING the European aspirations and European choice of Georgia as an European State;
RECOGNISING the significant progress Georgia has made to date in reform in support of Georgia's EU membership aspirations;
RECOGNISING Georgia's continuing reform of its defence and security sectors, its strong commitment and contribution to international security, and the significant progress it has made in realising its Euro-Atlantic aspirations, including towards NATO membership;
RECOGNISING the common values of democracy, respect for human rights and fundamental freedoms, and the rule of law;
TAKING INTO ACCOUNT that this Agreement shall not prejudice and leaves open the way for future progressive developments in UK-Georgia relations;
COMMITTED to further strengthening respect for fundamental freedoms, human rights, including the rights of persons belonging to minorities, democratic principles, the rule of law, and good governance, based on common values of the Parties;
WILLING to cooperate through wide-ranging spectrum of areas of common interest, such as the development of civil society, good governance, including in the field of taxation, trade integration and enhanced economic cooperation, institution building, public administration and civil service reform and fight against corruption, the reduction of poverty, and cooperation in the field of freedom, security and justice necessary to effectively implement this Agreement;
COMMITTED to all the principles and provisions of the Charter of the United Nations, the Organisation for Security and Cooperation in Europe (OSCE), in particular of the Helsinki Final Act of 1975 of the Conference on Security and Cooperation in Europe, the concluding documents of the Madrid, Istanbul and Vienna Conferences of 1991 and 1992 respectively, and the Charter of Paris for a New Europe of 1990, as well as the United Nations Universal Declaration of Human Rights of 1948 and the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950;
RECALLING their will to promote international peace and security as well as engaging in effective multilateralism and the peaceful settlement of disputes, in particular by cooperating to that end within the framework of the United Nations (UN) and the OSCE;
FULLY RESPECTING the principles of independence, sovereignty, territorial integrity and the inviolability of the internationally recognised borders under international law, the Charter of the United Nations, the Final Act of the Helsinki Conference on Security and Cooperation in Europe and relevant United Nations Security Council resolutions;
HAVING IN MIND Russia's illegal military presence and steps towards de-facto annexation of the Georgian regions of Abkhazia and Tskhinvali region/South Ossetia, in violation of fundamental norms and principles of international law;
RECOGNISING the importance of peace and security in Georgia, including the peaceful resolution of the Russia-Georgia conflict, and reconciliation and confidence building between the communities divided by conflict, in full respect of the sovereignty and territorial integrity of Georgia within its internationally recognised borders;
FULLY SUPPORTING the firm commitment of Georgia to peace and security, and its efforts to restore its territorial integrity in pursuit of a comprehensive policy of peaceful and lasting conflict resolution, and the UK's commitment to support a peaceful and lasting resolution of the conflict;
RECOGNISING in this context the importance of ensuring the implementation of the EU-mediated 12 August 2008 ceasefire agreement signed by Georgia and Russia; of meaningful international presence for maintaining peace and security on the ground; of safe and dignified return of all internally displaced persons and refugees to their homes in line with the principles of international law; of achieving tangible results in the Geneva International Discussions; of pursuing a firm non-recognition policy; and taking forward engagement with and reconciliation and confidence building between the communities divided by conflict;
COMMITTED to provide the benefits of strategic partnership and cooperation between the UK and Georgia to all citizens of Georgia, including the communities affected by conflict, in close coordination between the Governments of the UK and Georgia;
ACKNOWLEDGING the necessity of maintaining peaceful conflict resolution in Georgia high on the international agenda and COMMITTED in this context to coordinate efforts with other relevant international actors and organisations to contribute to peace and security in Georgia;
COMMITTED to international obligations to fighting against the proliferation of weapons of mass destruction and their means of delivery and to cooperating on disarmament;
RECOGNISING the added value of the active participation of the Parties in various regional cooperation formats;
DESIROUS to further develop regular political dialogue on bilateral and international issues of mutual interest;
COMMITTED to combating organised crime and illicit trafficking and to further strengthening cooperation in the fight against terrorism;
COMMITTED to recognizing the importance of national control of migration and to cooperating on mobility, migration, asylum and border management, paying attention to legal migration, including circular migration, and the need to cooperate to tackle illegal migration and trafficking in human beings and appreciating the benefits of immigration under current and future national frameworks;
COMMITTED to the principles of free market economy and the readiness of the UK to contribute to the economic reforms in Georgia;
COMMITTED to achieving greater economic cooperation in particular through a Deep and Comprehensive Free Trade Area (DCFTA), as an integral part of this Agreement and in compliance with the rights and obligations arising out of the membership of the Parties in the World Trade Organisation (WTO);
BELIEVING that this Agreement will create a new climate for economic relations between the Parties and above all for the development of trade and investment, and will stimulate competition, which are factors crucial to economic restructuring and modernisation;
COMMITTED to respecting the principles of sustainable development, to protecting the environment and mitigating climate change, to continuous improvement of environmental governance and meeting environmental needs, including cross- border cooperation and implementation of multilateral international agreements;
COMMITTED to enhancing the security of energy supply, including the development of the Southern Corridor by, inter alia, promoting the development of appropriate projects in Georgia, including promoting energy efficiency and the use of renewable energy sources;
ACKNOWLEDGING the need for enhanced energy cooperation, and the commitment of the Parties to ongoing implementation of the Energy Charter Treaty;
WILLING to improve the level of public health safety and protection of human health as an essential element for sustainable development and economic growth;
COMMITTED to enhancing people-to-people contacts, including through cooperation and exchanges in the fields of science and technology, business, youth, education, culture and sport;
RECOGNISING that the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, done at Brussels on 27 June 2014 (the EU-Georgia Agreement) will cease to apply to the United Kingdom when it ceases to be a Member State of the European Union or at the end of any transitional arrangement during which the rights and obligations under these Agreements continue to apply to the United Kingdom;
HAVE DECIDED TO CONCLUDE THIS AGREEMENT:
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Article 1. Objectives
1. A strategic partnership is hereby established between the UK of the one part, and Georgia, of the other part.
2. The aims of this strategic partnership are:
(a) to promote political partnership and economic cooperation between the Parties based on common values, common interests and close links;
(b) to provide a strengthened framework for enhanced strategic political dialogue, currently titled as the Wardrop Strategic Dialogue on all areas of mutual interest, allowing the development of close political relations between the Parties;
(c) to contribute to the strengthening of democracy and to political, economic and institutional stability on the basis of our shared values;
(d) to promote, preserve and strengthen peace and stability regionally and internationally, based on the principles of the Charter of the United Nations and the Helsinki Final Act of 1975 of the Conference on Security and Cooperation in Europe, including through joining efforts to eliminate sources of tension, enhance border security, and to promote cross-border cooperation and good neighbourly relations;
(e) to enhance cooperation aimed at peace and security in Georgia, including the peaceful resolution of the Russia-Georgia conflict, and reconciliation and confidence building between the communities divided by conflict, in full respect of the sovereignty and territorial integrity of Georgia within its internationally recognised borders;
(f) to enhance cooperation in the area of freedom, security and justice with the aim of reinforcing the rule of law and the respect for human rights and fundamental freedoms;
(g) to support Georgia's integration into European and Euro-Atlantic structures and to promote dialogue and cooperation on related matters;
(h) to support the efforts of Georgia to develop its economic potential through international cooperation;
(i) to establish conditions for enhanced economic and trade relations, including by setting up a Deep and Comprehensive Free Trade Area as stipulated in Title IV (Trade and Trade-related Matters) of this Agreement;
(j) to support and develop cooperation in the fields of education, science, culture, youth and sport with the aim of fostering people-to-people ties and collaboration between the Parties and their institutions operating in these domains;
(k) to establish conditions for increasingly close cooperation in other areas of mutual interest.
Title I. GENERAL PRINCIPLES
Article 2. General Principles
1. Respect for the democratic principles, human rights and fundamental freedoms, as proclaimed in the United Nations Universal Declaration of Human Rights of 1948 and as defined in the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, the Helsinki Final Act of 1975 of the Conference on Security and Cooperation in Europe and the Charter of Paris for a New Europe of 1990 shall form the basis of the domestic and external policies of the Parties and constitutes an essential element of this Agreement. Countering the proliferation of weapons of mass destruction, related materials and their means of delivery also constitute essential elements of this Agreement.
2. The Parties reiterate their commitment to the principles of a free market economy, sustainable development and effective multilateralism.
3. The Parties reaffirm their respect for the principles of the rule of law and good governance, as well as their international obligations, in particular under the UN, the Council of Europe and the OSCE. In particular, they agree to promoting respect for the principles of sovereignty and territorial integrity, inviolability of borders and independence.
4. The Parties commit themselves to the rule of law, good governance, the fight against corruption, the fight against the various forms of transnational organised crime and terrorism, the promotion of sustainable development, effective multilateralism and the fight against the proliferation of weapons of mass destruction and their delivery systems. This commitment constitutes a key factor in the development of the relations and cooperation between the Parties and contributes to regional peace and stability.
Title II. Strategic Political Dialogue and Reform, Cooperation In the Field of Foreign and Security Policy
Article 3. Aims of Strategic Political Dialogue
1. Strategic Political dialogue on all areas of mutual interest, including foreign and security matters as well as domestic reform, shall be further developed and strengthened between the Parties. This will increase the effectiveness of political cooperation and promote cooperation on foreign and security matters, strengthening relations in an ambitious and innovative ways.
2. The aims of the Strategic political dialogue shall be:
(a) to deepen partnership and increase political and security policy cooperation and effectiveness;
(b) to promote the principles of territorial integrity, inviolability of internationally recognised borders, sovereignty and independence, as enshrined in the Charter of the United Nations and the Helsinki Final Act of 1975 of the Conference on Security and Cooperation in Europe;
(c) to promote peaceful conflict resolution in Georgia, in full respect of the sovereignty and territorial integrity of Georgia within its internationally recognised borders;
(d) to provide all benefits of the Strategic, Partnership and Cooperation Agreement between the UK and Georgia to all citizens of Georgia within its internationally recognised borders, in close coordination between the Governments of the UK and Georgia;
(e) to promote international stability and security based on effective multilateralism;
(f) to strengthen cooperation and dialogue between the Parties on international security and crisis management, in particular in order to address global and regional challenges and key threats;
(g) to strengthen the cooperation in the fight against the proliferation of weapons of mass destruction (WMD) and their delivery systems including the conversion to alternative employment of scientists formerly employed in WMD programmes,
(h) to foster result-oriented and practical cooperation between the Parties for achieving peace, security and stability on the European continent;
(i) to strengthen respect for democratic principles, the rule of law and good governance, human rights and fundamental freedoms, including media freedom and the rights of persons belonging to minorities, and to contribute to consolidating domestic political reforms;
(j) to develop dialogue and to deepen the cooperation of the Parties in the field of security and defence;
(k) to work to further promote regional cooperation in various formats;
(l) to deepen cooperation in the field of protection and management of critical infrastructure; and
(m) to consider enhancing and intensifying cooperation for countering and combating hybrid threats.
Article 4. Cooperation on Developing Democratic Institutions
The Parties shall cooperate on developing, consolidating and increasing the stability and effectiveness of democratic institutions and the rule of law; on ensuring respect for human rights and fundamental freedoms; on making further progress on judicial and legal reform, so that the independence of the judiciary is guaranteed, strengthening its administrative capacity and guaranteeing impartiality and effectiveness of law enforcement bodies; on further pursuing the public administration reform and on building an accountable, efficient, effective, transparent and professional civil service; and on continuing the effective fight against corruption, particularly in view of enhancing international cooperation on combating corruption, and ensuring effective implementation of relevant international legal instruments, such as the United Nations Convention Against Corruption of 2003.
Article 5. Foreign and Security Policy
1. The Parties shall intensify their dialogue and cooperation in the area of foreign and security policy, and shall address in particular issues of conflict prevention, peaceful conflict resolution and crisis management, regional stability, disarmament, non-proliferation, arms control and export control. Cooperation shall be based on common values and mutual interests, and shall aim at increasing policy effectiveness, making use of bilateral, international and regional fora.
2. The Parties reaffirm their commitment to the principles of territorial integrity, inviolability of internationally recognised borders, sovereignty and independence, as established in the Charter of the United Nations and the Helsinki Final Act of 1975 of the Conference on Security and Cooperation in Europe, and their commitment to promote these principles in their bilateral and multilateral relations. The Parties also underline their full support for the principle of host nation consent on stationing foreign armed forces on their territories. They agree that the stationing of foreign armed forces on their territory should take place with the explicit consent of the host state, in accordance with international law.
3. The Parties shall intensify their dialogue and cooperation in support of Georgiaâs continuing reform of its defence and security sectors, recognising its strong commitment and contribution to international security, and the significant progress it has made in realising its Euro-Atlantic aspirations, including towards NATO membership.
Article 6. Peaceful Conflict Resolution
1. The Parties reiterate their commitment to peace and security in Georgia, including the resolution of the Russia-Georgia conflict, and reconciliation and confidence building between the communities divided by conflict, in full respect of the sovereignty and territorial integrity of Georgia within its internationally recognised borders. Pending a sustainable solution to the conflict and without prejudice to the existing formats for addressing conflict-related issues, peaceful conflict resolution will constitute one of the central subjects on the agenda of strategic political dialogue between the Parties, as well as in dialogue with other relevant international actors.
The parties fully support the firm commitment of Georgia to peace and security, and its efforts to restore its territorial integrity in pursuit of a comprehensive policy of peaceful and lasting conflict resolution.
2. In this context the Parties recognise the importance of ensuring the implementation of the EU-mediated 12 August 2008 ceasefire agreement signed by Georgia and Russia; of meaningful international presence for maintaining peace and security on the ground; of safe and dignified return of all internally displaced persons and refugees to their places of origin in line with the principles of international law; of achieving tangible results in the Geneva International Discussions; of pursuing a firm non-recognition policy; and taking forward engagement with and reconciliation and confidence building between the communities divided by conflict;
3. The Parties affirm the commitment to provide the benefits of the Strategic Partnership and Cooperation Agreement between the UK and Georgia to all citizens of Georgia, including the communities affected by conflict, in close coordination between the Governments of the UK and Georgia;
4. The Parties underline the necessity of maintaining peaceful conflict resolution in Georgia high on the international agenda and express the commitment in this context to coordinate efforts with other relevant international actors and organisations to contribute to peace and security in Georgia, including in relation to humanitarian and human rights issues in conflict-affected areas.
5. All these efforts shall follow commonly shared principles of maintaining international peace and security as established by the Charter of the United Nations, the Helsinki Final Act of 1975 of the Conference on Security and Cooperation in Europe and other relevant multilateral documents.
Article 7. Serious Crimes of International Concern
1. The Parties reaffirm that the most serious crimes of concern to the international community as a whole must not go unpunished and that impunity for such crimes must be avoided by taking measures at national and international level including the International Criminal Court.
2. The Parties consider that the establishment and effective functioning of the International Criminal Court constitutes an important development for international peace and justice. The Parties reaffirm their commitment to continue to cooperate with the International Criminal Court by implementing the Rome Statute of the International Criminal Court and its related instruments, giving due regard to preserving its integrity.
Article 8. Conflict Prevention and Crisis Management
The Parties shall enhance practical cooperation in conflict prevention and crisis management.
Article 9. Regional Stability
1. The Parties shall intensify their joint efforts to promote stability, security and democratic development in the region, as well as to work to further promote regional cooperation in various formats and, in particular, shall work towards peaceful settlement of the unresolved conflicts in the region.
2. These efforts shall follow commonly shared principles of maintaining international peace and security as established by the Charter of the United Nations, the Helsinki Final Act of 1975 of the Conference on Security and Cooperation in Europe and other relevant multilateral documents.
Article 10. Weapons of Mass Destruction
1. The Parties consider that the proliferation of weapons of mass destruction (WMD) and their means of delivery, both to state and non-state actors, represents one of the most serious threats to international peace and stability. The Parties therefore agree to cooperate and to contribute to countering the proliferation of WMD and their means of delivery through full compliance with, and national implementation of, their existing obligations under international disarmament and non-proliferation treaties and agreements, and other relevant international obligations. The Parties agree that this provision constitutes an essential element of this Agreement.
2. The Parties furthermore agree to cooperate and to contribute to countering the proliferation of WMD and their means of delivery by:
(a) taking steps to sign, ratify, or accede to, as appropriate, and fully implement, all other relevant international instruments; and.
(b) establishing an effective system of national export controls, controlling the export as well as transit of WMD-related goods, including a WMD end-use control on dual-use technologies, and containing effective sanctions for breaches of export controls.
3. The Parties agree to make this a subject of the strategic political dialogue provided for in this Agreement.
Article 11. Small Arms and Light Weapons and Conventional Arms Exports Control
1. The Parties recognise that the illicit manufacture, transfer and circulation of small arms and light weapons (SALW), including their ammunition, and their excessive accumulation, poor management, inadequately secured stockpiles and uncontrolled spread continue to pose a serious threat to peace and international security.
2. The Parties agree to observe and fully implement their respective obligations to deal with the illicit trade in SALW, including their ammunition, under existing international agreements and UN Security Council resolutions, as well as their commitments within the framework of other international instruments applicable in this area, such as the United Nations Programme of Action to prevent, combat and eradicate the illicit trade in SALW in all its aspects.
3. The Parties shall undertake to cooperate and to ensure coordination, complementarity and synergy in their efforts to deal with the illicit trade in SALW, including their ammunition, and the destruction of excessive stockpiles, at global, regional, sub-regional and national levels.
4. Furthermore, the Parties agree to continue to cooperate in the area of conventional arms export control.
5. The Parties agree to make this a subject of the political dialogue provided for in this Agreement.
Article 12. Fight Against Terrorism
1. The Parties reaffirm the importance of the fight against and the prevention of terrorism and agree to work together at a bilateral, regional and international level to prevent and combat terrorism in all its forms and manifestations.
2. The Parties agree that the fight against terrorism must be conducted with full respect for the rule of law and in full conformity with international law including international human rights law, international refugee law and international humanitarian law, the principles of the Charter of the United Nations, and all relevant international counter-terrorism related instruments.
3. The Parties stress the importance of the universal ratification and full implementation of all UN counter-terrorism related conventions and protocols. The Parties agree to cooperate in the implementation of the United Nations Global Counter Terrorism Strategy, as well as all relevant UN Security Council resolutions and Council of Europe conventions. The Parties also agree to cooperate to promote international consensus on the prevention of and fight against terrorism.
Title III. Freedom, Security and Justice
Article 13. Rule of Law and Respect for Human Rights and Fundamental Freedoms
1. In their cooperation in the area of freedom, security and justice the Parties shall attach particular importance to further promoting the rule of law, including the independence of the judiciary, access to justice, and the right to a fair trial.
2. The Parties will cooperate fully on the effective functioning of institutions in the areas of law enforcement and the administration of justice.
3. Respect for human rights and fundamental freedoms will guide all cooperation on freedom, security and justice.
Article 14. Protection of Personal Data
The Parties agree to cooperate in order to ensure a high level of protection of personal data in accordance with the Council of Europe and international legal instruments and standards referred to in Annex I to this Agreement.
Article 15. Cooperation on Migration, Asylum and Border Management
1. The Parties reaffirm the importance of a joint management of migration flows between their territories and agree to maintain dialogue as appropriate on migration-related issues, including legal migration, international protection and the fight against illegal migration, smuggling and trafficking of human beings.
2. Cooperation will be based on specific needs assessments conducted in mutual consultation between the Parties and be implemented in accordance with their relevant legislation in force. It will, in particular, focus on:
(a) the root causes and the consequences of migration;
(b) the development and implementation of national legislation and practices as regards international protection, with a view to satisfying the provisions of the Geneva Convention relating to the Status of Refugees of 1951 and of the Protocol relating to the Status of Refugees of 1967 and of other relevant international instruments, such as the European Convention on the Protection of Human Rights and Fundamental Freedoms of 1950, and to ensuring the respect of the principle of "non-refoulement";
(c) the admission rules and rights and status of persons admitted, fair treatment and integration of lawfully residing non-nationals, education and training and measures against racism and xenophobia;
(d) the enhancement of an effective and preventive policy against illegal migration, smuggling of migrants and trafficking in human beings including the issue of how to combat networks of smugglers and traffickers and how to protect the victims of such trafficking;
(e) in the areas of document security and border management, issues such as organisation, training, best practices and other operational measures;
(f) Cooperation may also facilitate circular migration for the benefit of development; and
(g) The Parties agree that they may enter into dialogue regarding legal migration within the current or future national frameworks governing these issues.
3. The Parties shall ensure that the treatment accorded to nationals of the other Contracting Party, legally employed on its territory shall be free from any discrimination based on nationality, as regards working conditions, remuneration or dismissal, as compared to its own nationals.
Article 16. Law Enforcement and Security
1. The Parties shall cooperate on combating and preventing criminal and illegal activities, in particular transnational activities, organised or otherwise, such as:
(a) smuggling and trafficking in human beings as well as small arms and illicit drugs;
(b) smuggling and trafficking in goods;
(c) illegal economic and financial activities such as counterfeiting, fiscal fraud and public procurement fraud;
(d) embezzlement in projects funded by international donors;
(e) active and passive corruption, both in the private and public sector;
(f) forging documents, submitting false statements; and
(g) cybercrime.
2. The Parties shall enhance bilateral, regional and international cooperation among law enforcement and security bodies. This would include, where appropriate and possible, cooperation within the International Criminal Police Organization (Interpol) and other relevant International institutions/Organisations. The Parties will actively use the channels of liaison officers/police or security attachés for the purposes of law enforcement and security cooperation. The Parties are committed to implementing effectively the relevant international standards, and in particular those enshrined in the United Nations Convention against Transnational Organised Crime (UNTOC) of 2000 and the respective Protocols thereto and in the United Nations Convention against Corruption of 2003.
Article 17. Illicit Drugs
1. Within their respective powers, the Parties shall cooperate to ensure a balanced, integrated and evidence-based approach towards drug issues. Drug policies and actions shall be aimed at reinforcing structures for preventing and combating illicit drugs, reducing the supply of, trafficking in and the demand for illicit drugs, addressing the health and social consequences of drug abuse witha view to reducing harm as well as at a more effective prevention of diversion of chemical precursors used for the illicit manufacture of narcotic drugs and psychotropic substances.
2. The Parties shall agree on the necessary methods of cooperation to attain these objectives. Actions shall be based on commonly agreed principles along the lines of the relevant international conventions, and taking into account the 2009 Political Declaration and Plan of Action on International Cooperation towards an Integrated and Balanced Strategy to Counter the World Drug Problem and the outcome document of the thirtieth special session of the General Assembly 2016 on the world drug problem, entitled âOur joint commitment to effectively addressing and countering the world drug problemâ.
Article 18. Money Laundering and Terrorism Financing
1. The Parties shall cooperate in order to prevent the use of their financial and relevant non-financial systems to launder the proceeds of criminal activities in general and drug offences in particular, as well as for the purpose of terrorism financing.
2. This cooperation extends to the recovery of assets or funds derived from the proceeds of crime.
3. Cooperation in this area shall allow exchanges of relevant information within the framework of respective legislation and the adoption of appropriate standards to prevent and combat money laundering and financing of terrorism equivalent to those adopted by relevant international bodies active in this area, such as the Financial Action Task Force on Money Laundering (FATF).
Article 19. Cooperation In the Fight Against Terrorism
1. In full accordance with the principles underlying the fight against terrorism as set out in Article 12 of this Agreement, the Parties reaffirm the importance of a law enforcement and judicial approach to the fight against terrorism and agree to cooperate in the prevention and suppression of terrorism in particular by: