Briefwisseling houdende een verdrag tussen de Regering van het Koninkrijk der Nederlanden en het Ontwikkelingsprogramma van de Verenigde Naties (UNDP) betreffende de Global Resident Representatives Meeting 2006 te ’s-Gravenhage van 30 januari tot en met 4 februari 2006
United Nations Development Programme
New York, 19 January 2006
I have the honor to refer to the UNDP Global Resident Representatives Meeting 2006 that will take place in the city of The Hague (Netherlands). With the present letter I wish to obtain your Government’s acceptance of the following arrangements:
Part I. Date and place of the Meeting
The Global Resident Representatives Meeting (henceforth referred to as the Meeting) shall be officially held at the Kurhaus Hotel in The Hague, from 30 January to 4 February 2006. Preparatory activities shall begin on Saturday 28 January and winding up will be prolonged until Sunday 6 February.
Attendants to the Meeting will be:
The UN Secretary-General, Mr. Kofi Annan
The Administrator of UNDP
UNDP Resident Representatives and Resident Coordinators
Senior management of UNDP
Heads of the UN-funds and Programmes
Heads of the UN specialized Agencies
The total number of participants is expected to be between 200 and 250.
The Meeting will be open to special guests.
The Meeting will not be open to representatives of NGOs and to the international media.
UNDP will provide to the Government names of all participants within two weeks of the Meeting, as further described in Part III, para. 4 below.
The UNDP is responsible for the planning, organization and execution phases of the Meeting, at its own expenses. Therefore this Agreement does not entail any co-organizing or co-financing responsibility from the Dutch Government.
The UNDP shall establish the necessary contractual obligations with the management of the Kurhaus Hotel and with individual contractors in accordance with UNDP regulations, for the provision of the necessary premises, equipment and services, including conference rooms, office space, working areas, and other related facilities, as well as office and communication equipment, and the provision of local support services, and to make sure that these premises, equipment and services meet the needs of the Meeting. The premises will remain at the disposal of the UNDP from 28 January 2006 until 6 February 2006.
The UNDP shall coordinate internal security arrangements with the Local Police and the management of the Kurhaus Hotel, including access control points to the areas of the Hotel identified as United Nations premises for the purposes of the Convention on the Privileges and Immunities of the United Nations. The UNDP shall defray the costs of installing an internal security coverage to meet UN minimum operating security standards.
The UNDP is responsible to issue invitations, to accredit and to register participants to the Meeting. The UNDP will provide the Government with a list of all participants, with an indication of those who will need additional security arrangements, those who will need a visa, and those who will bring their personal security with them.
The UNDP shall ensure that adequate accommodation is provided to participants to the Meeting and will bear expenses related to UN staff. Equally, the UNDP will organise travel of participants from the airport/stations to Hotel and vice versa.
The UNDP also shall bear the costs and shall take responsibility for transport and insurance charges, from any established UN office to the site of the Meeting and return, of all UN equipment and supplies required for the adequate functioning of the Meeting.
The Government shall provide medical facilities adequate for first aid in emergencies within the Meeting area, on request of UNDP and at the costs of UNDP. For serious emergencies, the Government shall ensure immediate transportation and admission to a hospital, in accordance with Dutch legislation.
The Government shall facilitate coordination between the UNDP and the Local Fire Brigade so as to establish the necessary fire and safety coverage to meet UN security standard practices.
The Government shall furnish, at its own expense, such police protection as is required to ensure the effective functioning of the Meeting in an atmosphere of security and tranquility, free from interference of any kind. Such police services will be under the direct supervision and control of a senior security officer provided by the Government and will assume the security of the areas adjacent to the conference premises. The access to and the security in the UNDP Meeting Premises will be under the direct responsibility of a designated senior official of the United Nations Department of Safety and Security who will work in close cooperation with the senior security officer provided by the Government. The modalities of cooperation between the UN Department of Safety and Security (DSS) designated senior official and the Government’s senior security officer will be spelled out in a Memorandum of Understanding.
The Government shall provide transportation of up to 20 VIPs, at the cost of the Government, on the basis of the UNDP list. This list of VIPs shall be communicated by UNDP to the Government in writing.
The Government shall deal with any action, claim or other demand against the United Nations, including UNDP, or its personnel arising from:
Injury to persons or damage to or loss of property in the premises provided for the Meeting, arising out of the acts or omissions of the Government;
Injury to persons or damages to or loss of property incurred in using the transportation provided by the Government for VIPs for the Meeting; and
The employment by the Government of local personnel for the Meeting, such as police, medical, and other personnel provided by the Government.
The Government shall hold harmless the United Nations and its personnel in respect of any such action, claim or demand, unless such injury or damage are caused by gross negligence or wilful misconduct by the UN personnel.
The Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly on 13 February 1946 (hereafter referred to as the ‘‘Convention’’, will be applicable to the Meeting. Accordingly, officials of the United Nations performing functions in connection with the Meeting referred to in part II above will enjoy the privileges and immunities under Articles V and VII of the Convention; the representatives of the specialized agencies will enjoy the privileges and immunities under Articles VI and VII of the Convention on the Privileges and Immunities of the Specialized Agencies, approved by the General Assembly of the United Nations on 21 November 1947.
The local contractors and personnel engaged to provide services for the Meeting will enjoy immunity from legal process in respect of words spoken or written and any act performed by them in their official capacity, in connection with the Meeting.
The Government will impose no impediments to the transit to and from meetings of persons whose presence at the Meeting is authorized by UNDP and will grant, without distinction on the ground of nationality, race, sex, religion and political affiliation, any visas required for such persons promptly and without charge, provided that the general conditions concerning entry are fulfilled. They will be granted facilities for speedy travel.
For the purpose of the Convention on the Privileges and Immunities of the United Nations, the UNDP Meeting Premises shall be deemed to constitute premises of the United Nations in the sense of Section 3 of the Convention and access thereto shall be subject to the authority and control of the United Nations. The premises shall be inviolable for the duration of the Meeting, including the preparatory stage and the winding-up.
Without prejudice to their privileges and immunities, it is the duty of all participants enjoying privileges and immunities to respect the laws and regulations of the Netherlands. They also have a duty not to interfere in the internal affairs of the Netherlands.
Part VII. Settlement and Disputes
Accept, sir, the assurances of my highest consideration.
KEMAL DERVIS ?
Administrator of the UNDP
Permanente Vertegenwoordiging van het Koninkrijk der Nederlanden
Any dispute concerning the interpretation or implementation of this Agreement, except for a dispute subject to the appropriate provisions of the Convention or of any other applicable agreement, shall, unless Parties otherwise agree, be submitted to a tribunal of three arbitrators, one of whom shall be appointed by the Administrator of UNDP, one by the Government, and the third, who shall be the chairperson, by the other two arbitrators. If either does not appoint an arbitrator within three months of the other Party having notified the name of the arbitrator, or, if the first two arbitrators do not within three months of the appointment or nomination of the second of them appoint the chairperson, then such arbitrator shall be nominated by the President of the International Court of Justice as the request of either Party to be dispute.
Except as otherwise agreed by the Parties, the tribunal shall adopt its own rules of procedures, provide for the reimbursement of its members and the distribution of expenses between the Parties, and take all decisions by a two-third majority. Its decisions on all questions of procedure and substance shall be final, and, even if rendered in default of one of the Parties, be binding on both of them.
I further propose that upon receipt of your confirmation in writing of the above, this exchange of letters shall constitute an Agreement between the United Nations Development Programme and the Kingdom of The Netherlands in respect of the UNDP Global Resident Representatives Meeting 2006, which shall enter into force on the date of your reply and shall remain in force for the duration of the Meeting and for such additional period as is necessary for its preparation and winding up, the total duration of this Agreement, however, not to exceed one year.
Permanente Vertegenwoordiging van het Koninkrijk der Nederlanden New York
New York, 24 January 2006
Dear Mr. Dervis,
I have the honour to refer to your letter of 19 January 2006, relating to an agreement to be concluded between the Government of the Kingdom of the Netherlands and the United Nations Development Programme (UNDP) concerning the UNDP Global Resident Representatives Meeting 2006, which is scheduled to be held in The Hague from 30 January 2006 to 4 February 2006, which reads as follows:
[Red: (Zoals in Nr. I)]
I am authorized by the Government of the Kingdom of the Netherlands to state that it agrees to the proposals regarding the organization of the Meeting and to state that the Government of the Kingdom of the Netherlands considers your letter and my reply as together constituting an Agreement between the Government of the Kingdom of the Netherlands and the UNDP in respect of the UNDP Global Resident Representatives Meeting 2006, which shall enter into force on the date of this reply and shall remain in force for the duration of the Session andfor such additional period as is necessary for its preparation and winding up, the total duration of this Agreement, however, not to exceed one year.
Please accept, Sir, the assurances of my highest consideration.
JEROEN STEEGHS ?
United Nations Development Programme
Mr. Kemal Dervis