PERMANENT MISSION OF THE KINGDOM OF THE NETHERLANDS TO THE UNITED NATIONS
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New York, N.Y. 10017
New York, 29 July 1994
On the occasion of the signing of the Agreement between the Kingdom of the Netherlands and the United Nations Concerning the Headquarters of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia Since 1991. I would like to refer to discussions held between the representatives of the Government of the Kingdom of the Netherlands and the representatives of the United Nations concerning the interpretation and implementation of certain provisions of the Agreement.
I have the honour to confirm on behalf of the Government of the Netherlands the following understanding.
It is the understanding of the Parties that none of the regulations made operative by the Tribunal based on the power given to it under Article VI, paragraph 3, of the Agreement, shall relate to any question of the treatment of the suspect, accused or other persons detained on the premises of the Tribunal; these matters shall be dealt with by the Tribunal in accordance with its competence under Article 15 of the Statute of the Tribunal adopted by the Security Council by its resolution 827 (1993) of 25 May 1993.
It is the understanding of the Parties that the exemptions, rights and entitlements referred to in Article X, paragraph 2, and Article XV, paragraphs 1g) and 3, shall be granted in accordance with the formal requirements of the host country which, however, shall not have the effect of depriving the Tribunal or its officials of these exemptions, rights or entitlements or in any way diminishing the extent thereof.
With respect to the provisions of paragraph 1g), it is understood that the expression "furniture and effects" includes motor vehicles.
It is further the understanding of the Parties that all official motor vehicles of the Tribunal will be covered by the appropriate liability insurance, and that all officials of the Tribunal and persons performing missions, who will own or operate motor vehicles, will be directed to acquire an appropriate insurance against third party risks in the Netherlands.
It is the understanding of the Parties that if so requested by the Tribunal, the competent authorities of the host country shall not create impediments to neither entry into and exit from the Netherlands nor the transport between the detention facility and the tribunal of persons detained on the authority of the Tribunal.
I should be grateful if you could confirm that the above is also the understanding of the United Nations.
Please accept, Sir, the assurances of my highest consideration.
(sd.) J. DE MARCHANT ET D'ANSEMBOURG
J. de Marchant et d'Ansembourg
Chargé d'Affaires a.i.
His Excellency Mr. H. Corell
Legal Affairs, Legal Counsel
United Nations, New York