MINISTERIE VAN BUITENLANDSE ZAKEN
The Hague, 14 October 2004
The Ministry of Foreign Affairs of the Kingdom of the Netherlands presents its compliments to the International Court of Justice and, with reference to the Exchange of Letters dated 26 June 1946 between the President of the International Court of Justice and the Minister for Foreign Affairs of the Netherlands as well as to the consultations between the Ministry and the Court regarding the registration of trainees who have been accepted by the Court into its traineeship programme in the Netherlands, has the honour to propose the following:
For the purposes of the present exchange of Notes, a ``trainee" means a person who has been accepted by the International Court of Justice into its traineeship programme for the purpose of performing certain tasks for the Court without receiving salary from the Court therefor. A trainee shall in no case fall under the definition of official of the Court.
Within eight (8) days after first arrival of a trainee in the Netherlands, the International Court of Justice shall request the Ministry of Foreign Affairs to register the trainee in accordance with paragraph 3.
The Ministry of Foreign Affairs shall register a trainee for the purpose of his traineeship with the Court for a maximum period of one year, provided that the Court supplies the Ministry of Foreign Affairs with a declaration signed by the trainee, accompanied by adequate proof, to the effect that:
a) the trainee entered the Netherlands in accordance with the applicable immigration procedures;
b) the trainee has sufficient financial means for living expenses and for repatriation, as well as sufficient medical insurance (including coverage of costs of hospitalization for at least the duration of the traineeship plus one month) and third party liability insurance, and will not be a charge on the public purse of the Netherlands;
c) the trainee will not work in the Netherlands during his or her traineeship otherwise than as a trainee at the International Court of Justice;
d) the trainee will not bring any family members to reside with him or her in the Netherlands other than in accordance with the applicable immigration procedures;
e) the trainee will leave the Netherlands within 14 days after the end of the traineeship unless he or she is otherwise entitled to stay in the Netherlands in accordance with the applicable immigration legislation.
Upon registration of the trainee in accordance with paragraph 3, the Ministry of Foreign Affairs shall issue an identity card bearing the code ZF to the trainee.
The International Court of Justice shall not incur liability for damage resulting from non-fulfilment, by trainees registered in accordance with paragraph 3, of the conditions of the declaration referred to in that paragraph.
Trainees shall not enjoy any privileges or immunities.
In exceptional circumstances, the maximum period of one year mentioned in paragraph 3 may be extended once by a maximum period of one year.
The International Court of Justice shall notify the Ministry of Foreign Affairs of the final departure of the trainee from the Netherlands within eight (8) days after such departure, and shall at the same time return the trainee's identity card.
If this proposal is acceptable to the Court, the Ministry suggests that this Note and the Court's affirmative reply to it shall together constitute an Agreement between the Kingdom of the Netherlands and the International Court of Justice, of which the French and English texts are equally authentic and which shall be applied provisionally as from the date of such reply and which 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 of the Kingdom of the Netherlands avails itself of this opportunity to renew to the International Court of Justice the assurances of its highest consideration.
The International Court of Justice
2517 KJ The Hague