Notawisseling houdende een verdrag tussen het Koninkrijk der Nederlanden en het Verenigd Koninkrijk betreffende de status van defensiepersoneel van het Verenigd Koninkrijk dat luchtverkenningsassistentie verleent aan de marine en de kustwacht ten behoeve van de Nederlandse Antillen en Aruba
Ambassade van het Koninkrijk der Nederlanden
7 April 2005
The Royal Netherlands Embassy presents its compliments to the Foreign and Commonwealth Office of the United Kingdom and has the honour to propose an agreement between the Kingdom of the Netherlands and the United Kingdom (hereinafter referred to as ``the Contracting Parties") regarding the status of military and civilian personnel of the Ministry of Defence of the United Kingdom who will be present in the Netherlands Antilles and Aruba for the purpose of providing aerial reconnaissance services with military aircraft of the Royal Air Force to the Royal Netherlands Navy and to the Coast Guard for the Netherlands Antilles and Aruba in 2005 on the following terms:
Artikel I. Permission for stationing of aircraft and use of facilities
For the purpose of this Agreement, the military aircraft and its supporting elements of the Royal Air Force may be stationed in the Netherlands Antilles and/or Aruba and may use their facilities under conditions to be agreed upon in an arrangement between the Ministers of Defence of the Contracting Parties.
Artikel II. Aircraft and aircraft overflight clearance procedures
Aircraft operated in connection with this Agreement by or for the United Kingdom are authorized to overfly, land at, and depart from airports in the Netherlands Antilles and Aruba without diplomatic clearance. Such activities shall be in accordance with agreed aviation procedures.
Artikel III. Applicability of Nato Sofa
Except as otherwise provided for in this Agreement, the provisions of the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, done at London on 19 June 1951, shall apply, mutatis mutandis , to the personnel of the sending State for the duration of their stay in the Netherlands Antilles and/or Aruba.
Artikel IV. Settlement of disputes
Any disagreements that may arise from the application or implementation of this Agreement shall be settled through consultation between the appropriate authorities of the Contracting Parties, including, as necessary, through diplomatic channels.
Artikel VI. Duration
This Agreement shall remain in force for the duration of the presence of the personnel of the United Kingdom in the Netherlands Antilles and/or Aruba during the deployment of the military aircraft and its supporting elements of the Royal Air Force, or for one year, whichever is shorter. The provisions of this Agreement shall be applied, as necessary, for the purpose of resolving any claims arising there from, whether or not the Agreement itself remains in force at the time the claim is made.
If the foregoing is acceptable to the Government of the United Kingdom, the Royal Netherlands Embassy has the honour to propose that this Note and the Note in reply of the Foreign and Commonwealth Office shall constitute an Agreement between the Kingdom of the Netherlands and the United Kingdom, which shall enter into force on the date of receipt of the reply of the Foreign and Commonwealth Office. If this date is later than 5 January 2005, this Agreement will have retroactive effect as from the latter date.
The Royal Netherlands Embassy avails itself of this opportunity to renew to the Foreign and Commonwealth Office the assurances of its highest consideration.
Foreign and Commonwelth Office London
26 April 2005
The Foreign and Commonwealth Office presents its compliments to the Royal Netherlands Embassy and has the honour to acknowledge receipt of their Note regarding the stationing of Royal Air Force personnel and Aircraft on the Netherlands Antilles and Aruba which reads as follows:
[Red: (Zoals in Nr. I)]
In reply, the Foreign and Commonwealth Office has the honour to confirm that the proposals set out in the Royal Netherlands Embassy Note are acceptable to the Government of the United Kingdom of great Britain and Northern Ireland and have the honour to propose that their Note, and this Note in reply shall constitute an Agreement between our two Governments in this matter which shall enter into force retroactively on 5 January 2005.
The Foreign and Commonwealth Office avails itself of this opportunity to renew to Your Excellency the assurances of my highest consideration.