ROYAL NETHERLANDS EMBASSY
Ottawa, 17 January 1995
I have the honour to refer to discussions that have recently taken place between representatives of our two Governments relating to Canadian use of Netherlands facilities as a staging base. I also have the honour to confirm the following agreements reached as a result of those discussions:
2.1 With the closure of Canadian bases in the Federal Republic of Germany, there is now a requirement for all Canadian inspection operations to be mounted from Canada. The long distances involved have given rise to the requirements for a European staging facility to allow Canadian-led Inspection Teams to adapt to the European time zones and complete pre-inspection preparations before entering a designated inspected country under the Treaty on Conventional Armed Forces in Europe, Vienna Document 92 or any subsequent Arms Control Arrangements with similar inspection provisions.
2.2 Canadian-led Inspection Teams shall consist of Canadian inspectors, Canadian auxiliary personnel and Canadian-sponsored guest inspectors from states party to the relevant Arms Control Arrangements, hereinafter referred to as the “Canadian Team".
3. Administrative control
The overall control of a Canadian Team, while it is in the Netherlands, shall lie with the Canadian Arms Control Verification Inspection Team Leader. The Canadian Team shall abide by the Standard Administrative Procedures (SAP) developed by the Royal Netherlands Army as a result of this Agreement.
4.1 The members of the Canadian Team shall enjoy the privileges and immunities enjoyed by diplomatic agents pursuant to Article 29; Article 30, paragraph 2; Article 31, paragraphs 1, 2 and 3; and Articles 34 and 35 of the Vienna Convention on Diplomatic Relations of April 18, 1961.
5. Transportation and travel expenses
Ground transportation for the Canadian Team shall be by vehicles rented by the Canadian Team at its own cost. At no cost to Canada, the Royal Netherlands Army may provide military drivers to pick up the Canadian Team upon first arrival to conduct final inspection planning, during departure for and arrival from the inspected state and during the departure of the Canadian Team back to Canada (or to the respective home state). All other transportation expenses shall be the responsibility of the Canadian Teams.
6. Protocol support
The Royal Netherlands Army shall provide, at no cost to Canada, a liaison official at Schiphol International Airport to assist arriving and departing Canadian Teams. This official may use the same transportation as that used by the Canadian Team.
7. Accommodation, messing and facilities
7.2 The Canadian Team shall pay all the costs of this accommodation on completion of their stay. The local messes shall be available to serve meals to the Canadian Team at normal mealtimes, and also during Canadian-hosted protocol events. These events shall require the agreement of the local mess manager and shall be coordinated by each Team Leader. All team members shall be afforded access to all messing and recreational facilities normally available to Netherlands military personnel; all costs incurred shall be the responsibility of the Team Leader.
8. Office space
The Canadian Team shall be provided free of charge with the use of a briefing room, one private office and a secure lock-up for the storage of classified documents. The Canadian Team shall be provided with continuous use of a team equipment storage room.
The Canadian Team shall be afforded access to a telephone and a facsimile machine. The costs of all long-distance telephone charges shall be borne by the Canadian Team using telephone charge cards. The Canadian Team shall be permitted access to a commercial telephone line terminal for the use of Canadian-carried equipment. This equipment shall be connected only for the duration of the stay of the Canadian Team. The Canadian Team shall also be afforded access free of charge to a nearby message center for providing a communications link with the NATO message system.
10. Financial arrangements
All outstanding costs which are the responsibility of the Canadian Team shall be paid according to the rules described in the SAP.
11. Medical, dental and hospital care
12.1 Each Government shall waive all its claims against the other Government and its personnel in respect of injury or loss of life of its personnel or damage to its property, caused by personnel of the other Government and sustained during the residence of the Canadian inspectors and Canadian auxiliary personnel in the Netherlands.
12.2 12.2 The Netherlands Government shall indemnify and hold harmless the Canadian Government for claims by its personnel, their assignees and risk bearers in respect of injury, loss of life and damage to its property caused by the members of the Canadian Team.
12.3 The Canadian Government shall indemnify and hold harmless the Netherlands Government for claims by members of the Canadian Team, their assignees and risk bearers in respect of injury, loss of life and damage to its property caused by Netherlands personnel.
12.4 Claims arising out of acts or omissions by members of the Canadian Team in the performance of their official duty, or out of any other act, omission or occurrence for which the Canadian Team is legally responsible, and causing damage, injury or loss of life in the territory of the Netherlands to third parties, shall be dealt with by the Netherlands Government in accordance with the following provisions:
a) Claims shall be filed, considered and settled or adjudicated in accordance with the laws and regulations of the Netherlands with respect to claims arising from the activities of its own armed forces.
b) The Netherlands Government may settle any such claims, and payment of the amount agreed upon or determined by adjudication shall be made in Netherlands currency.
c) Such payment, whether made pursuant to a settlement or to adjudication of the case by a competent Netherlands tribunal, or the final adjudication by such a tribunal denying payment shall be binding and conclusive upon the Netherlands and the Canadian Government.
d) The cost incurred in satisfying claims as referred to in this paragraph shall be borne by the Canadian Government.
13. Entry and visas
13.2 The members of the Canadian Team shall have the right to unimpeded entry into and exit from the Netherlands. Visas and entry permits shall, when required, be granted free of charge and with the utmost speed.
14. Settlement of disputes
14.2 If the Parties fail to reach a settlement by negotiation, the dispute may at the request of either Party be submitted for decision to a tribunal of three arbitrators, one to be named by each Party and the third to be agreed upon by the two arbitrators thus chosen, provided that the third arbitrator is not a national of either Party. Each of the Parties shall designate an arbitrator within a period of sixty (60) days from the date of receipt by either Party from the other Party of a Diplomatic Note requesting arbitration of the dispute and the third arbitrator shall be agreed upon within a further period of sixty (60) days. If either of the Parties fails to designate its own arbitrator within a period of sixty (60) days or if the third arbitrator is not agreed upon within the period indicated, the President of the International Court of Justice may be requested by either Party to appoint an arbitrator or arbitrators.
15. Security of information
In the event of termination of this Agreement, the Parties shall, where possible, return all classified information transferred through the cooperation between the Parties under this Agreement. If the return of classified information is not possible, the Parties shall continue to safeguard the information.
I have the honour to propose that, if the foregoing is acceptable to your Government, this Note and your reply to that effect shall constitute an Agreement between our two Governments which shall enter into force on the date on which both Governments have informed each other that the formalities constitutionally required therefore have been complied with. This Agreement shall continue in force until terminated by either Government on three months' notice in writing to the other. Pending entry into force, the Agreement shall be applied provisionally from the tenth day following the date of the affirmative reply of the Government of Canada.
Accept, Excellency, the renewed assurances of my highest consideration.
(sd.) J. H. W. FIETELAARS