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Notawisseling houdende een verdrag tussen het Koninkrijk der Nederlanden en de Haagse [...] het personeel van de Haagse Conferentie en hun gezinsleden, ’s-Gravenhage, 08-05-2006

Geldend van 09-05-2006 t/m heden

Notawisseling houdende een verdrag tussen het Koninkrijk der Nederlanden en de Haagse Conferentie voor Internationaal Privaatrecht betreffende privileges en immuniteiten van het personeel van de Haagse Conferentie en hun gezinsleden

Authentiek : EN

Nr. I. TREATIES DIVISION

DJZ/VE-362/06

The Hague, 1 May 2006

The Ministry of Foreign Affairs of the Kingdom of the Netherlands presents its compliments to the Hague Conference on Private International Law and, with reference to the Statute of the Hague Conference on Private International Law, concluded on 31 October 1951 at The Hague, the Exchange of Letters of December 1959, 8/10 May 1989, 16/17 December 1992 and 28 February/5 March 2002 between the Government of the Kingdom of the Netherlands and the Hague Conference on Private International Law and to the Cabinet Decision of 22 April 2005 on the Policy Framework on Attracting and Hosting International Organisations, has the honour to propose the following in respect of the privileges and immunities of the staff of the Hague Conference on Private International Law:

1. Use of terms

For the purpose of this Agreement:

  • a) ‘‘the parties’’ means the Hague Conference on Private International Law and the host State;

  • b) ‘‘the Organisation’’ means the Hague Conference on Private International Law;

  • c) ‘‘the host State’’ means the Kingdom of the Netherlands;

  • d) ‘‘the Vienna Convention’’ means the Vienna Convention on Diplomatic Relations of 18 April 1961.

2. Privileges and immunities

  • a) The Head of the Organisation, together with members of his family forming part of his household, shall enjoy the same privileges and immunities as the host State accords to heads of diplomatic missions accredited to the host State in accordance with the Vienna Convention.

  • b) The highest ranking staff of the Organisation, together with members of their family forming part of their household, shall enjoy the same privileges and immunities as the host State accords to diplomatic agents of the diplomatic missions established in the host State in accordance with the Vienna Convention.

  • c) Administrative and technical staff of the Organisation, together with members of their family forming part of their household, shall enjoy the same privileges and immunities as the host State accords to administrative and technical staff of the diplomatic missions established in the host State in accordance with the Vienna Convention, provided that immunity from criminal jurisdiction and personal inviolability shall not extend to acts performed outside the course of their official duties.

  • d) Service staff of the Organisation, together with members of their family forming part of their household, shall enjoy the same privileges and immunities as the host State accords to service staff of the diplomatic missions established in the host State in accordance with the Vienna Convention.

3. Determination of categories

The host State shall, in cooperation with the Organisation, determine which categories of personnel will be covered by each of the four groups as laid down in paragraph 2 of this Agreement.

4. Scope of the Agreement

  • a) This Agreement does not apply to persons who are nationals or permanent residents of the host State.

  • b) However, this Agreement shall be without prejudice to any existing arrangements in het Headquarters Agreement or other bilateral or multilateral agreements, including those mentioned in the introductory paragraph above.

  • c) This Agreement shall not extend to issues concerning admission and residence.

If this proposal is acceptable to the Hague Conference on Private International Law, the Ministry proposes that this Note and the Hague Conference on Private International Law’s affirmative reply to it shall together constitute an Agreement between the Kingdom of the Netherlands and the Hague Conference on Private International Law. This Agreement, the French and English texts of which are equally authentic, shall enter into force on the date of receipt of the Hague Conference on Private International Law’s reply by the Ministry.

The Ministry of Foreign Affairs of the Kingdom of the Netherlands avails itself of this opportunity to renew to the Hague Conference on Private International Law the assurances of its highest consideration.

The Hague Conference on Private International Law Scheveningseweg 6 2517 KT Den Haag

Nr. II. HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW

The Hague, 8 May 2006

The Hague Conference on Private International Law presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to acknowledge receipt of the Ministry’s Note DJZ/VE-362/06 of 1 May 2006, which reads as follows:

[Red: (zoals in Nota Nr. I)]

The Hague Conference on Private International Law has the honour to inform the Ministry of Foreign Affairs that the proposal is acceptable to the Hague Conference on Private International Law. The Hague Conference on Private International Law accordingly agrees that the Ministry’s Note and this reply shall constitute an Agreement between the Hague Conference on Private International Law and the Kingdom of the Netherlands, which shall enter into force on the date of receipt of this reply.

The Hague Conference on Private International Law avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances of its highest consideration.

Ministry of Foreign Affairs The Hague