DEPARTMENT OF FOREIGN AFFAIRS
AND INTERNATIONAL TRADE
Ottawa, 24 December 1996
I have the honour to refer to recent discussions between officials of the Government of Canada and of the Government of the Kingdom of the Netherlands concerning our mutual objective of the continuation of the training of Netherlands Armed Forces in Canada which is currently being conducted pursuant to the Agreement between our two Governments constituted by the Exchange of Notes of 4 and 5 December, 1986.
As a result of these discussions, I have the honour to propose that the aforementioned Agreement and the Schedule of Terms and Conditions attached to it be hereby terminated and replaced by a new Agreement in the following terms:
The Kingdom of the Netherlands shall be permitted to train Netherlands Armed Forces units, use land, air space and installations, and station personnel and equipment at sites in Canada as may be mutually selected by the Minister of National Defence of Canada and the Minister of Defence of the Kingdom of the Netherlands in accordance with the terms and conditions set out in this Agreement and the Memoranda of Understanding subsumed under this Agreement. The periods of such training, use, stationing and the activities to be carried out, shall be specified in the relevant Memorandum of Understanding.
The status of Netherlands Armed Forces units training in Canada shall be governed by the terms of the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces (NATO SOFA), dated 19 June 1951 as supplemented by paragraph 9 of this Agreement, and implemented in Canada by the Visiting Forces Act as amended from time to time.
The Canadian Forces shall exercise command and control over base and training facilities used by the Netherlands Armed Forces and training activities shall be conducted in accordance with Canadian laws, regulations and orders and Canada's obligations under international law. All applicable Canadian safety regulations and standing operating procedures shall be followed. Subject to the foregoing, Netherlands training shall be governed by the relevant regulations of the Netherlands Armed Forces.
The Netherlands Armed Forces shall respect Canadian laws, regulations and orders applicable to the Canadian Forces with respect to the protection of the environment.
The Canadian Forces shall act as the agent for the Netherlands Armed Forces for the provision of all goods, services and facilities through Canadian sources for the purpose of this Agreement, with the exception of such commodities as may be excluded by the terms of any relevant Memorandum of Understanding made under paragraph 10 of this Agreement. As agent, and in coordination with the Netherlands Armed Forces, the Canadian Forces shall arrange for the procurement of materiel, equipment, installations, transportation, construction, maintenance, supplies, services and civil labour from private, commercial or government sources, all in accordance with the procedures, terms and conditions applicable to such procurement for the Canadian Forces. In exceptional cases, the Netherlands Armed Forces may be authorized to procure supplies and services locally subject to relevant provincial and federal laws and regulations. Any significant change in the scale or scope of the support services provided to the Kingdom of the Netherlands by Canada shall be the subject of consultation between Canada and the Kingdom of the Netherlands as soon as possible before the proposed change is due to be implemented in accordance with the terms of the relevant Memorandum of Understanding.
Removable equipment, materials and supplies brought into Canada under NATO SOFA by, or on behalf of, the Kingdom of the Netherlands in connection with this Agreement will remain Netherlands property.
The Kingdom of the Netherlands shall bear the costs of the training programmes of the Netherlands Armed Forces in Canada, except in those instances when it is agreed to share the costs between users of the facilities in accordance with the arrangements set out in the relevant Memorandum of Understanding as referred to in paragraph 10. These costs shall include costs, related to the activities of Netherlands Armed Forces units training in Canada, for environmental studies, projects, undertakings or monitoring surveys as are required under Canadian laws, regulations and orders. The arrangements, including the financial obligations involved, shall be tabled at annual joint meetings. The Kingdom of the Netherlands shall pay to Canada all costs incurred by Canada as a result of the Netherlands training programmes.
The costs to be paid to Canada for land, buildings and installations made available by Canada to the Kingdom of the Netherlands shall be only such agreed costs incurred as a result of the acquisition, construction, modification, operation or lease of such land, buildings and installations in support of the Netherlands training programmes. The Kingdom of the Netherlands shall not be liable for the cost of the purchase of land by Canada in support of the Netherlands training programmes.
All claims arising out of or in connection with this Agreement shall be dealt with in accordance with Article VIII of the NATO SOFA including any amendments thereto and any other related supplementary agreement to the NATO SOFA. For the purposes of paragraph 1 of Article VIII, an employee of the Government of Canada or the Kingdom of the Netherlands assigned to duty with the Canadian Forces or the Netherlands Armed Forces for the purpose of working under this Agreement shall be deemed to be an employee of the Canadian Forces or of the Netherlands Armed Forces respectively. Employees and agents or contractors shall not be deemed to be members of a civilian component or employees of the Canadian Forces or of the Netherlands Armed Forces for this purpose.
Implementing arrangements between the Ministry of Defence of the Kingdom of the Netherlands and the Department of National Defence of Canada shall be made by means of Memoranda of Understanding which shall be consistent with the intent of this Agreement. The Memoranda of Understanding may be amended as provided therein.
This Agreement shall replace the Agreement constituted by the Exchange of Notes of 4 and 5 December, 1986, which is hereby terminated.
This Agreement shall remain in force up to and including 31 December 2006 and be renewable for an additional five years, unless terminated in whole or in part by either Government by giving twelve months notice in writing to the other.
This Agreement may be suspended at any time, in whole or in part, by either of the two Parties, without notice to the other, if the Party suspending this Agreement considers such action necessary for reasons of extreme emergency such as war, invasion or insurrection, real or apprehended.
In the event of termination or suspension of this Agreement, or any part thereof, financial consequences resulting therefrom shall be settled by negotiations regarding, inter alia, residual values of investments, termination costs associated with civilian employees rendered redundant, and penalties and cancellation costs associated with the termination of leases, agreements and contracts. To this effect, the military or economic value of these investments to the Government of Canada, as well as the proceeds of any sales made of these investments, shall be given due consideration.
Upon termination or suspension of this Agreement, or any part thereof, the Kingdom of the Netherlands shall not be obliged to remove any facilities, buildings or improvements thereto which have been constructed with its own funds, unless such an obligation was stipulated by Canada at the time of construction.
Following the termination or suspension of this Agreement in whole or in part, the Kingdom of the Netherlands shall share the proportionate costs, to be agreed upon with Canada, arising from the environmental clean-up and restoration to a reasonable level, with a view to meeting Canadian laws and regulations, of land used by the Armed Forces of the Kingdom of the Netherlands, including, inter alia, range sweep operations, disposal of unexploded munitions, disposal or clean-up of environmental contaminants and site restoration such as the removal of field works. The costs of such environmental clean-up and site restoration shall be the subject of separate negotiations.
If the foregoing is acceptable to the Government of the Kingdom of the Netherlands, I have the honour to propose that this Note, which is authentic in English and French, and your Note in reply, which is authentic in English and French, shall constitute an Agreement between our two States replacing the Agreement of 4 and 5 December, 1986 and which shall be applied provisionally from the date of receipt of your reply, and shall enter into force with effect from the date of receipt of your reply following an exchange of notifications in which both Governments inform each other that they have obtained whatever internal approval each may require to give effect to this Agreement.
Accept, Mr. Huitzing, the assurances of my highest consideration.
Minister of Foreign Affairs
and International Trade
(sd.) L. AXWORTHY
Mr. Arend Huitzing
Chargé d'Affaires a.i.
Embassy of the Kingdom of the Netherlands
350 Albert Street, Suite 2020
Ottawa, Ontario, K1R 1A4