For the purpose of this Agreement, the following definition of an intern shall apply: A graduate or postgraduate student who has been accepted by the UN-ICTY into the internship programme of the UN-ICTY and who, on that basis, performs certain tasks for the UN-ICTY without receiving emoluments from the UN-ICTY by reason of his work with the UN-ICTY and who has signed the declaration “Acceptance and Undertaking”, a copy of which is attached as Annex, provided by the UN-ICTY. An intern shall not be considered in any respect to fall under one of the categories of persons as described in Article I of the Headquarters Agreement.
For the purpose of their internship with the UN-ICTY the Ministry of Foreign Affairs shall register the intern in the Netherlands for a period of maximum one (1) year, which in exceptional circumstances may be extended once by a maximum period of one (1) year under the following conditions:
a) that the intern entered into the Netherlands in accordance with the applicable immigration procedures;
b) that he is not allowed to work in the Netherlands during his internship other than as an intern at the UN-ICTY;
c) that he will leave the Netherlands within 14 days after termination of his internship with the UN-ICTY, the duration of which shall not exceed one (1) year, which in exceptional circumstances may be extended once by a maximum period of one (1) year;
d) that the intern shall have sufficient medical insurance as well as sufficient financial means for repatriation and that he shall not be a charge to the Netherlands public means.
The intern is obliged to demonstrate to the satisfaction of the UN-ICTY the fulfillment of these conditions and shall sign the declaration to this effect referred to in Article 1 above. The UN-ICTY shall not be held liable should it turn out that, while in the Netherlands during the duration of the internship, the intern does not fulfil the required conditions.
The intern does not enjoy any privileges or immunities in the Netherlands, except:
a) immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity for the UN-ICTY, which immunity shall continue to be accorded even after termination of the internship with the UN-ICTY for activities carried out on its behalf;
b) inviolability of all papers, documents in whatever form and materials relating to the performance of their functions for the UN-ICTY.
The privileges and immunities are granted in the interest of the Tribunal and not for the personal benefit of the individuals themselves. The President of the Tribunal has the right and duty to waive these privileges and immunities in any particular case where they would impede the course of justice and can be waived without prejudice to the purpose for which they were accorded.
The UN-ICTY shall notify the Ministry of Foreign Affairs within eight (8) days after first arrival of the intern in the Netherlands and request an identity card for the intern.
Upon request of the UN-ICTY the Ministry of Foreign Affairs shall issue the intern an identity card bearing the code ZF.
The UN-ICTY shall, within eight (8) days, notify the Ministry of Foreign Affairs of the final departure of the intern from the Netherlands and at the same time return the identity card of the intern.
This Agreement may be amended by mutual consent at any time at the request of either of the Parties.
This Agreement is concluded for an indefinite period of time. At any time, either Party may terminate the Agreement giving three (3) months advance notice in writing to the other Party.
If the above proposal is acceptable to the UN-ICTY the Ministry has the honour to propose that this Note and the affirmative Note in reply of the UN-ICTY shall constitute an agreement between the Kingdom of the Netherlands and the UN-ICTY. The Agreement shall enter into force on the day after both Parties have notified each other in writing that the legal requirements for entry into force have been complied with.
The Ministry of Foreign Affairs avails itself of this opportunity to renew to the International Criminal Tribunal for the Former Yugoslavia the assurances of its highest consideration.
2517 JW Den Haag