Agreement between the Kingdom of the Netherlands and the Republic of Botswana on the
export and enforcement of social security benefits
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The Kingdom of the Netherlands
and
The Republic of Botswana,
(hereinafter referred to as ‘‘the Contracting Parties’’, and singularly,
‘‘the Contracting Party’’)
Wishing to establish relations in the field of social security;
Desirous of regulating co-operation between the two States to ensure the enforcement
of one country’s Legislation in the other;
Have agreed as follows:
Article 1. Definitions
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Article 2. Purpose and Scope
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1 The Contracting Parties shall co-operate to ensure the enforcement of one Contracting
Party’s Legislation, on the export of social security benefits to their Beneficiary
as well as to a Member of the Family insofar as the Beneficiary or family member Resides
or Stays in the Territory of one of the Contracting Parties.
Article 3. Competent Authorities
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The Competent Authorities responsible for the implementation of this Agreement shall
be:
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a) in relation to the Republic of Botswana, the Ministry of Local Government, represented
by the Department of Social Services; and
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b) in relation to the Kingdom of the Netherlands, the Minister of Social Affairs and
Employment of the Netherlands.
Article 4. Competent Institutions
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The Competent Institutions responsible for the branches of social security shall be:
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a) in relation to the Republic of Botswana, the Department of Social Services in the
Ministry of Local Government or any organisation authorised to perform any function
at present exercised by the said institutions;
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b) in relation to the Kingdom of the Netherlands:
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(i) regarding the branches of social insurance mentioned under Article 2, paragraph 2b)
(i), (ii) and (iii), the ‘‘Uitvoeringsinstituut werknemersverzekeringen’’ the Institute
for Employee Benefit Schemes;
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(ii) regarding the branches of social insurance mentioned under Article 2, paragraph 2b)
(iv) , (v) and (vi), the ‘‘Sociale verzekeringsbank’’ the Social Insurance Bank; and
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(iii) regarding the Legislation concerning social assistance, the institution designated
for this purpose by the Netherlands’ Competent Authority.
Article 5. Export of benefits
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1 Unless otherwise provided in this Agreement, any provision of the legislation of a
Contracting Party which restricts payment of a benefit solely because a beneficiary
or a member of the family resides or stays outside the territory of that Contracting
Party shall not be applicable with respect to a beneficiary or to a member of the
family who resides or stays in the territory of the other Contracting Party.
Article 6. Identification
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1 In order to determine entitlement to a benefit or the legitimacy of the payment of
a benefit under Netherlands’ or Botswana legislation, a beneficiary or a member of
the family shall identify himself to the competent institution in whose territory
the person concerned resides or stays by submitting an official proof of identity.
Official proof of identity includes a passport or any other valid identity document
issued in the territory where the person concerned resides or stays.
Article 7. Verification of applications and payments
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1 For the purpose of this article ‘‘information’’ means data regarding identity, address,
household and family situation, work, education, income, assets, state of health,
death and detention, or any other data relevant for the implementation of this Agreement.
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2 With regard to the processing of an application for a benefit or the payment of a
benefit, the competent institution of a Contracting Party shall, at the request of
the competent institution of the other Contracting Party, verify the information regarding
a beneficiary or a member of the family. If necessary, this verification shall be
carried out together with the agencies. The competent institution shall forward a
statement of verification along with authenticated copies of the relevant documents
to the competent institution of the other Contracting Party.
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3 Notwithstanding paragraph 2, the competent institution of a Contracting Party shall,
without prior request and to the extent possible, inform the competent institution
of the other Contracting Party of any changes in the said information regarding a
beneficiary or a member of the family.
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4 The competent institutions of the Contracting Parties may directly contact each other,
as well as a beneficiary, a member of the family, or an authorised representative
of the person concerned.
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5 Notwithstanding paragraph 2, the diplomatic or consular representatives and the competent
institutions of a Contracting Party shall be allowed to directly contact the agencies
of the other Contracting Party in order to verify the entitlement to a benefit or
the legitimacy of the payment of a benefit.
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6 For the purposes of implementing this Agreement, the agencies shall lend their good
offices and act as though implementing their own legislation. The administrative assistance
provided by the agencies shall be free of charge. However, the competent authorities
of the Contracting Parties may agree to some expenses being reimbursed.
Article 8. Medical examinations
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2 In order to determine the extent of the ability to work of a beneficiary or a member
of the family, the competent institution of a Contracting Party shall use the medical
reports and the administrative data provided by the Competent Institution of the other
Contracting Party. However, the competent institution of the former Contracting Party
reserves the right to have a beneficiary or a member of the family undergo a medical
examination by a doctor of its own choice or in the territory where the competent
institution is situated.
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3 The beneficiary or the member of the family shall comply with any request to present
himself for medical examination. If the person concerned, for medical reasons, is
unfit to travel to the territory of the other Contracting Party, he shall inform the
competent institution of that Contracting Party immediately. He shall, in that case,
submit a medical certificate issued by a doctor designated for this purpose by the
competent institution in whose territory he resides or stays. This certificate shall
prove the medical reasons for his unfitness to travel as well as its expected duration.
Article 9. Recognition and enforcement of decisions and judgements
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1 Any decision regarding the recovery of undue payments or the collection of social
insurance contributions and administrative penalties pursuant to the relevant legislation
taken by a competent institution in one Contracting Party against which no further
legal remedy is available, and any court judgement given in relation to such a decision
and against which no further legal remedy is available, shall be recognised by the
other Contracting Party.
Article 10. Recovery of undue payments and administrative penalties
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If a competent institution has issued an enforceable decision within the meaning of
Article 9 and the beneficiary concerned receives a benefit from a competent institution
of the other Contracting Party, the former competent institution may request that
the payment in question or the administrative penalty be balanced against the arrears
or amounts still due to the beneficiary in that Contracting Party.
The latter competent institution shall deduct the amount within the limits of the
law applied by that competent institution governing the execution of similar decisions,
and will remit the amount to the former competent institution entitled to reimbursement.
Article 11. Data protection
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1 Where, under this Agreement, the competent authorities, the competent institutions
or the agencies of a Contracting Party communicate personal data to the competent
authorities, the competent institutions of the other Contracting Party, or the diplomatic
or consular representatives of the other Contracting Party, that communication shall
be subject to the legal provisions governing protection of data laid down by the Contracting
Party providing the data. Any subsequent transmission as well as storage, alteration
and destruction of the data shall be subject to the provisions of the legislation
on data protection of the receiving Contracting Party.
Article 12. Implementation of the Agreement
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The competent institutions of both Contracting Parties may, by means of supplementary
arrangements, establish measures for the application of this Agreement.
Article 13. Language
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For the purpose of applying this Agreement, the Competent Authorities, the Competent
Institutions and the Agencies of the Contracting Parties may communicate directly
with one another in the English language.
Article 14. Settlement of disputes
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The competent authorities of both Contracting Parties shall make all reasonable efforts
to resolve through mutual agreement any dispute arising from the interpretation or
application of this Agreement.
Article 15. Amendment
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Amendments to this Agreement shall be effected on the expressed consent of both Contracting
Parties, through the exchange of diplomatic notes, and shall be without prejudice
to any right or obligation accruing to a Contracting Party upon their entry into force.
Article 16. Entry into force
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2 This Agreement shall enter into force on the first day of the second month following
the date of the later notification by either Contracting Party, on the understanding
that the Kingdom of the Netherlands shall apply Article 5 provisionally from the first
day of the second month following the date on which the Agreement was signed.
Article 17. Territorial application
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In relation to the Kingdom of the Netherlands, this Agreement shall apply only to
the territory of the Kingdom in Europe.
Article 18. Termination
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This Agreement may be terminated at any time by notification in writing to the other
Contracting Party. In the event of termination, this Agreement shall remain in force
until the end of the calendar year following the year in which the notification of
termination was received by the other Contracting Party.