The Government of the Federal Republic of Germany and the Government of the Republic of Latvia, desiring to create a final settlement for German war graves located within the territory of the Republic of Latvia, seeking to ensure the preservation and maintenance of these graves in a dignified manner and in accordance with the provisions of applicable international humanitarian law, in implementation of point 13 of the Joint Declaration of 20 April 1993 on the basis for relations between the Federal Republic of Germany and the Republic of Latvia, in view of the fact that the maintenance of graves of Latvian war dead in Germany is provided for by German legislation and practice based on it and that the permanent right of rest for Latvian war dead is guaranteed, have agreed as follows:
Article 1
For the purposes of this Agreement:
a) “German war dead” means:
- members of the German armed forces,
- persons equated with them under German law,
- other persons of German nationality who died in connection with the events of the 1914/1918 war or the 1939/1945 war or after their deportation;
b) “German war graves”:
the graves of German war dead located in the territory of the Republic of Latvia;
c) “German war cemeteries”:
the cemeteries or parts of cemeteries in which German war dead are buried, which still exist, can be found or are to be newly established in the territory of the Republic of Latvia;
d) “Latvian war dead”:
citizens of the Republic of Latvia who died in connection with the events of the war in 1939/1945.
Article 2
(1) The Government of the Republic of Latvia shall ensure the protection of German war graves and the permanent right of rest for German war dead within its territory and shall keep the surroundings of German war graves free from any installations that are incompatible with the dignity of these sites.
(2) The Government of the Federal Republic of Germany is entitled to design and maintain German war graves and German war cemeteries in the Republic of Latvia at its own expense.
Article 3
(1) The Government of the Republic of Latvia shall cede, free of charge and in perpetuity, the areas of land serving as German war cemeteries as final resting places for German war dead, in perpetuity, for past and future.
(2) Property rights shall not be affected by this Agreement. Any changes deemed necessary to the boundaries of areas of land used as German war gravesites shall be settled by mutual agreement between the Contracting Parties or the institutions commissioned by them. If, by agreement between the Contracting Parties, an area is no longer used, in whole or in part, for the intended purpose, this change shall result in the Government of the Federal Republic of Germany losing the right to use it.
(3) Should a site under paragraph 1 be needed for another use for compelling public reasons, the Government of the Republic of Latvia shall provide the Government of the Federal Republic of Germany with another suitable site and shall bear the costs of reburial of the dead and of the preparation of the new graves. The selection of the new site, its preparation and the reburial shall be carried out by mutual agreement.
Article 4
(1) The Government of the Republic of Latvia, without incurring any costs and after having been presented with a plan coordinated by the authorized institutions of the two sides for its prior consent, permits the Government of the Federal Republic of Germany to consolidate the graves of German war dead whose reburial the Government of the Federal Republic of Germany considers necessary. The exhumation of German war dead shall be carried out by personnel named by the German side.
(2) A record shall be made of each reburial of a German war dead, stating the old and new grave location, personal details, the inscription on the dog tag or other identifying features. Each contracting party shall receive a copy of this record.
(3) Insofar as it can be proven that formerly existing German war gravesites on Latvian soil have been abandoned due to infrastructure changes that have since occurred and the German dead buried there can no longer be recovered, the government of the Republic of Latvia shall, at the request of the German side, permit the establishment of memorials in a simple and dignified form at these former locations. The government of the Republic of Latvia shall provide suitable terrain for this purpose.
(4) Insofar as a provisional burial of German war dead found on Latvian soil is required to enable a final burial at a German war cemetery, the government of the Republic of Latvia shall make arrangements for their proper and dignified provisional burial and for the marking of the graves.
Article 5
Insofar as graves of war dead from other countries are found on German war gravesites, this fact is to be given appropriate consideration in decisions regarding the maintenance and care of these graves. If Latvian war dead are found during the reburial of German war dead or during the construction of German war gravesites, the resulting questions will be settled amicably by the commissioned institutions.
Article 6
(1) The repatriation of German war dead from the territory of the Republic of Latvia to the Federal Republic of Germany requires the prior consent of the Government of the Federal Republic of Germany. The Government of the Republic of Latvia shall permit such repatriation only if this consent has been obtained.
(2) The consent of the government of the Federal Republic of Germany is also required for applications to the government of the Republic of Latvia for the transfer of German war dead to third countries.
(3) Paragraphs 1 and 2 of this Article also apply to the transfer of Latvian war dead to the Republic of Latvia or to third countries, unless otherwise regulated by agreements or laws.
(4) All costs and fees for the disinterment and transfer of German war dead to foreign countries shall be charged to the applicants.
(5) When German war dead are disinterred for transfer, representatives of the authorities of both Parties shall have the right to be present.
Article 7
(1) The Government of the Federal Republic of Germany commissions the “Volksbund Deutsche Kriegsgräberfürsorge e.V.” (hereinafter referred to as “VOLKSBUND”) with the technical implementation of the tasks in the Republic of Latvia that arise for the German side from this Agreement.
(2) The Government of the Republic of Latvia shall commission the “Committee of Brothers' Cemeteries” with the technical implementation of the tasks arising from this Agreement for the Latvian side.
(3) In the event that one of the Contracting Parties wishes to commission another or an additional institution, agreement shall be reached between the Contracting Parties.
Article 8
(1) Both parties shall afford the commissioned institutions every possible assistance, in particular access to the documents on war graves and deceased soldiers held or to be held by all authorities and other institutions. Other agreements and arrangements shall remain unaffected.
(2) In order to carry out its tasks, the VOLKSBUND may send representatives, specialists and other personnel to the Republic of Latvia.
Article 9
(1) In carrying out the work arising from the implementation of this Agreement, the VOLKSBUND shall, wherever possible, use local labor and materials in accordance with the conditions customary in free competition.
(2) The VOLKSBUND may also import into the Republic of Latvia and re-export from the Federal Republic of Germany or from another Member State of the European Community equipment, means of transport, materials and accessories necessary for the performance of the work referred to in this Agreement.
(3) The following shall apply to the customs clearance of these goods:
(a) temporarily imported equipment and means of transport shall be cleared through customs on importation into the Republic of Latvia on the condition that the said equipment and means of transport are re-exported after completion of the work;
(b) Materials and equipment intended for the construction, ornamentation or maintenance of graves, memorials or cemeteries shall remain free of import duties if the customs authorities are presented, in addition to the regular import declaration, with:
- an exact list of the imported goods,
- a declaration of commitment signed by a duly authorized person containing the binding assurance that the said goods will be used only for the purposes provided for in this Agreement.
Article 10
(1) The transfer of the areas serving as German war graves agreed upon in accordance with Article 3, paragraph 1, gives the VOLKSBUND the authority to carry out all preparation and beautification work on the war gravesites as well as the construction of suitable access roads, recreation rooms and other facilities for visitors directly within the framework of the relevant Latvian legal provisions.
(2) The VOLKSBUND shall ensure that all legal requirements concerning hygiene and health are observed during construction work, as provided for by Latvian law. It shall comply with the relevant legal and administrative regulations concerning cemetery regulations.
Article 11
This Agreement shall enter into force one month after the date on which the Contracting Parties have notified each other that the necessary domestic requirements for entry into force have been met.
Done at Riga, 24 January 1996, in two copies, each in the German and Latvian languages, each text being equally authentic.
For the Government of the Federal Republic of Germany R. Holubek
For the Government of the Republic of Latvia Valdis Birkavs