The Royal Netherlands Embassy to the Kyrgyz Republic presents its compliments to the
Ministry of Foreign Affairs of the Kyrgyz Republic, and has the honor to refer to
recent discussions between representatives of our two governments regarding issues
related to Dutch military and civilian personnel of the Ministry of Defence of the
Netherlands who may be present in the Kyrgyz Republic in connection with cooperative
efforts in response to terrorism, humanitarian assistance and other agreed activities.
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1. The Royal Netherlands Embassy has the honor to request assistance and permission to
use Kyrgyz Republic facilities, to include Manas International Airport, for humanitarian
assistance, combat and combat support for operations in support of Operation Enduring
Freedom and, as required, the International Security Assistance Force (ISAF) in Afghanistan.
The Government of the Kingdom of the Netherlands will coordinate activities at Manas
International Airport with the Ministry of Transport and Communications, airport authorities,
and other appropriate authorities to ensure that operations and activities do not
interfere with civilian flight operations.
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2. As a result of these discussions, the Embassy proposes that such personnel be accorded
a status equivalent to that accorded to the administrative and technical staff of
the Royal Netherlands Embassy under the Vienna convention on diplomatic relations
of April 18, 1961; that Dutch personnel be permitted to enter and exit the Kyrgyz
Republic with Dutch identification and with collective movement or individual travel
orders; that the Kyrgyz authorities shall accept as valid, without a driving fee or
test, driving licenses or permits issued by the appropriate Dutch authorities to Dutch
personnel for the operation of vehicles; and that such personnel be authorized to
wear uniforms while performing official duties and to carry weapons when their orders
call for it.
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3. The Embassy further proposes that vehicles and aircraft owned or operated by or for
the Armed Forces of the Kingdom of the Netherlands shall not be subject to the payment
of landing, navigation, overflight or parking charges, overland transit fees, or similar
charges while in the Kyrgyz Republic; however, the Armed Forces of the Kingdom of
the Netherlands shall pay reasonable charges for services requested and received.
In this respect the Kingdom of the Netherlands agrees that Manas International Airport
shall be designated as a commercial airport and as such Government of the Netherlands
aircraft will pay reasonable fees, based upon International Civil Aviation Organization
(ICAO) schedules, for parking and landing at this airport. Aircraft and vehicles of
the Netherlands shall be free of inspections.
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4. The Government of the Kingdom of the Netherlands, its military and civilian personnel,
contractors and contractor personnel shall not be liable to pay any tax or similar
charge assessed within the territory of the Kyrgyz Republic.
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5. The Government of the Kingdom of the Netherlands, its military and civilian personnel,
contractors and contractor personnel may import into, export out of, and use in the
Kyrgyz Republic any personal property, equipment, supplies, materials, technology,
training or services required to implement this agreement. Such importation, exportation
and use shall be exempt from any inspection, license, other restrictions, customs
duties, taxes or any other charges assessed within the territory of the Kyrgyz Republic.
The Governments of the Kingdom of the Netherlands and of the Kyrgyz Republic shall
cooperate in taking such steps as shall be necessary to ensure the security of Dutch
personnel and property in the territory of the Kyrgyz Republic.
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6. In the event that the Government of the Kingdom of the Netherlands awards contracts
for the acquisition of articles and services, including construction, to implement
this agreement, such contracts shall be awarded in accordance with the laws and regulations
of the Government of the Kingdom of the Netherlands. Acquisition of articles and services
in the Kyrgyz Republic by or on behalf of the Government of the Kingdom of the Netherlands
in implementing this agreement shall not be subject to any taxes, customs duties or
similar charges in the territory of the Kyrgyz Republic.
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7. The Government of the Kyrgyz Republic recognizes the particular importance of disciplinary
control by Dutch military authorities over Dutch personnel and, therefore, the Government
of the Kyrgyz Republic authorizes the Government of the Kingdom of the Netherlands
to exercise criminal jurisdiction over such personnel.
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8. The Government of the Kyrgyz Republic recognizes that it shall be necessary for Dutch
personnel and systems to use the appropriate frequencies of the radio spectrum. The
Government of the Kingdom of the Netherlands shall be allowed to operate its own telecommunication
systems (as telecommunication is defined in the 1992 constitution of the international
telecommunication union). This shall include the right to utilize such means and services
as required to assure full ability to operate telecommunication systems, and the right
to use all necessary radio spectrum for this purpose. Use of radio spectrum owned
by the Government of the Kyrgyz Republic shall be free of cost. Privately owned frequencies
will be compensated for by mutual agreement of parties.
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9. The Embassy proposes that, other than contractual claims, the parties waive any and
all claims against each other for damage to, loss or destruction of property owned
by each party, or death or injury to any military or civilian personnel of the Armed
Forces of either party, arising out of activities in the Kyrgyz Republic under this
document. The Government of the Kingdom of the Netherlands shall pay, in accordance
with Dutch law, fair and reasonable compensation in settlement of meritorious claims
by third parties, as determined by the Government of the Kingdom of the Netherlands,
arising out of acts or omissions of Dutch personnel, or which are otherwise incident
to noncombat activities of the Armed Forces of the Kingdom of the Netherlands under
this Agreement.
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10. Finally, the Embassy proposes that the Agreement herein proposed shall have a term
of one year from the date of entry into force and thereafter shall continue to be
in force unless terminated by either Party on 30 days written notice through the diplomatic
channels.
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11. If the foregoing is acceptable to the Government of the Kyrgyz Republic, the Embassy
proposes that this note, together with the Ministry's reply to that effect, shall
constitute an Agreement between the two Governments that will be applied provisionally
after the receipt by the Royal Netherlands Embassy to the Kyrgyz Republic of a note
from the Ministry of foreign Affairs of the Kyrgyz Republic, and shall finally enter
into force upon notification by the Government of the Kyrgyz Republic to the Government
of the Kingdom of the Netherlands that it has completed all of its internal procedures
for entry into force.
The Royal Netherlands Embassy avails itself of this opportunity to renew to the Ministry
of Foreign Affairs of the Kyrgyz Republic the assurances of its highest consideration.
