The Hague
Atlantic Cooperation and Security
Affairs Department
Verification Section
DAV/VF-N 340
NOTA VERBALE
The Ministry of Foreign Affairs of the Kingdom of the Netherlands presents its compliments
to the Embassy of the United States of America and has the honour with reference to
the Treaty on Conventional Armed Forces in Europe, done in Paris on November 19, 1990
(hereinafter referred to as the CFE Treaty), and with a view to ensuring continued
close co-operation and consistent with the Agreement between the Parties to the North
Atlantic Treaty regarding the Status of their Forces of June 19, 1951, and related
Agreements, to propose on behalf of the Government of the Kingdom of the Netherlands
the following procedures concerning inspections in accordance with the CFE Treaty
on the territory of the Kingdom of the Netherlands of conventional armaments and equipment
subject to the CFE Treaty belonging to the United States of America, of equipment
or materiel belonging to the United States of America, and of structures or premises
utilized by the United States of America by agreement with the Government of the Kingdom
of the Netherlands.
I.
In every case where the Government of the United States of America receives a notification
from an inspecting State Party about the latter State Party's intent to conduct (an)
inspection(s) pursuant to Section VII or VIII of the Protocol on Inspection on the
territory of the Kingdom of the Netherlands, the Government of the United States of
America shall immediately upon its receipt send a copy of that notification to the
Government of the Kingdom of the Netherlands. In every case where the Kingdom of the
Netherlands receives a notification from an inspecting State Party about the latter
State Party's intent to conduct (an) inspection(s) pursuant to Section VII or VIII
of the Protocol on Inspection on the territory of the Kingdom of the Netherlands,
the Government of the Kingdom of the Netherlands shall immediately upon its receipt
send a copy of that notification to the Government of the United States of America
pursuant to Section IV, Paragraph 5, and Section VIII, Paragraph 3, of the Protocol
on Inspection.
II.
The following procedures shall apply in fulfillment of the provisions of the Protocol
on Inspection of the CFE Treaty in the case where the Government of the Kingdom of
the Netherlands either:
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a) receives a notification from an inspecting State Party about the latter's intent to
conduct (an) inspection(s) pursuant to section VII or VIII of the Protocol on Inspection
on the territory of the Kingdom of the Netherlands, and the Government of the United
States of America simultaneously receives a notification of that inspecting State
Party's intent to inspect, in the course of its inspection team's stay within the
territory of the Kingdom of the Netherlands also or exclusively conventional armed
forces of the United States of America stationed on the territory of the Kingdom of
the Netherlands; or
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b) receives a notification from an inspecting State Party about the latter's intent to
conduct (an) inspection(s) pursuant to Section VII or VIII of the Protocol on Inspection
on the territory of the Kingdom of the Netherlands and an exercise involving the armed
forces of the United States of America shall take place within the territory of the
Kingdom of the Netherlands during the period the inspection team shall be present
within the territory of the Kingdom of the Netherlands:
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- The Government of the United States of America shall provide a liaison officer to
the Netherlands escort team at the time of arrival of an inspection team at the Point
of Entry.
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- The liaison officer shall be included on the escort team throughout the period that
the inspection team is within the territory of the Kingdom of the Netherlands.
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- Except as otherwise stated in this Note, the liaison officer shall play no role on
the escort team until the inspection team declares an inspection of an Object of Verification
of the United States of America or until conventional armaments and equipment subject
to the CFE Treaty belonging to the United States of America, or equipment or materiel
belonging to the United States of America, or structures or premises utilized by the
United States of America by agreement with the Government of the Kingdom of the Netherlands
are encountered during an inspection of a declared site or during an inspection within
a specified area.
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- The liaison officer shall be present at and have the right to participate in the examination
of equipment and supplies that the inspecting State Party brings into the territory
of the Kingdom of the Netherlands pursuant to Section V, Paragraphs 5, 6 and 7, of
the Protocol on Inspection.
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- In addition to the notifications that shall be provided by the Government of the United
States of America pursuant to the Protocol on Inspection, the liaison officer shall
be provided notifications by the Government of the Kingdom of the Netherlands of the
receipt of notifications of inspections conducted pursuant to Section VII or VIII
of the Protocol of Inspection. The liaison officer shall be the point of contact for
delivery of notifications of inspection of Objects of Verification of the United States
of America.
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- The liaison officer shall be furnished transportation, lodging, meals, work space
and, as necessary, medical care or any other emergency assistance by the Government
of the Kingdom of the Netherlands. The Government of the United States of America
shall be liable to reimburse the expenses for all the above services furnished by
the Government of the Kingdom of the Netherlands to the liaison officer of the Government
of the United States of America.
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- Conventional armaments and equipment subject to the CFE Treaty belonging to the United
States of America, equipment or materiel belonging to the United States of America,
and structures or premises utilized by the United States of America by agreement with
the Government of the Kingdom of the Netherlands and located on the territory of the
Kingdom of the Netherlands shall not be inspected unless a representative of the Government
of the United States of America is present on the escort team.
-
- The representatives of the Government of the United States of America shall exercise
the rights and obligations of the inspected State Party - such as provisions concerning
the designation of sensitive points, shrouding, and other access control provisions
specified in the Protocol on Inspection - with respect to conventional armaments and
equipment subject to the CFE Treaty belonging to the United States of America, equipment
or materiel belonging to the United States of America, and structures or premises
utilized by the United States of America by agreement with the Government of the Kingdom
of the Netherlands. Additionally, any ambiguity arising concerning conventional armaments
and equipment subject to the CFE Treaty belonging to the United States of America,
equipment or materiel belonging to the United States of America, or structures or
premises utilized by the United States of America by agreement with the Government
of the Kingdom of the Netherlands, shall be dealt with by the senior United States
of America escort.
III.
In the case where only the Government of the Kingdom of the Netherlands receives a
notification from an inspecting State Party about the latter State Party's intent
to conduct (an) inspection(s) pursuant to Section VII or VIII of the Protocol on Inspection
on the territory of the Kingdom of the Netherlands, and the inspection site declared
by the inspection team, declared either at the Point of Entry or subsequently, is
one at which conventional armaments and equipment subject to the CFE Treaty belonging
to the United States of America, equipment or materiel belonging to the United States
of America, or structures or premises utilized by the United States of America by
agreement with the Government of the Kingdom of the Netherlands are present, the Government
of the Kingdom of the Netherlands shall immediately notify the Government of the United
States of America of that fact and the location of the inspection site.
The representatives of the Government of the United States of America shall exercise
the rights and obligations of the inspected State Party - such as provisions concerning
the designation of sensitive points, shrouding, and other access control provisions
specified in the Protocol on Inspection - with respect to conventional armaments and
equipment subject to the CFE Treaty belonging to the United States of America, equipment
or materiel belonging to the United States of America, and structures or premises
utilized by the United States of America by agreement with the Government of the Kingdom
of the Netherlands. Additionally, any ambiguity arising concerning conventional armaments
and equipment subject to the CFE Treaty belonging to the United States of America,
equipment or materiel belonging to the United States of America, or structures or
premises utilized by the United States of America by agreement with the Government
of the Kingdom of the Netherlands, shall be dealt with by the senior United States
of America escort.
-
- Except as otherwise stated in this Note, the liaison officer shall play no role on
the escort team until conventional armaments and equipment subject to the CFE Treaty
belonging to the United States of America, or equipment or materiel belonging to the
United States of America, or structures or premises utilized by the United States
of America by agreement with the Government of the Kingdom of the Netherlands are
encountered during an inspection of a declared site or during an inspection within
a specified area.
-
- In addition to the notifications that shall be provided to the Government of the United
States of America pursuant to the Protocol on Inspection, the liaison officer shall
be provided notifications by the Government of the Kingdom of the Netherlands of the
receipt of notifications of inspections conducted pursuant to section VII or VIII
of the Protocol on Inspection.
-
- The liaison officer shall be furnished transportation, lodging, meals, work space,
and, as necessary, medical care or any other emergency assistance by the Government
of the Kingdom of the Netherlands. The Government of the United States of America
shall be liable to reimburse the expenses for all of the above services furnished
by the Government of the Kingdom of the Netherlands to the liaison officer of the
Government of the United States of America.
Conventional armaments and equipment subject to the CFE Treaty belonging to the United
States of America, equipment or materiel belonging to the United States of America,
and structures or premises utilized by the United States of America by agreement with
the Government of the Kingdom of the Netherlands and located on the territory of the
Kingdom of the Netherlands shall not be inspected unless a representative of the Government
of the United States of America is present on the escort team.
The Government of the United States of America shall provide a liaison officer to
the inspection site as soon as possible after the time of notification by the Government
of the Kingdom of the Netherlands of the location of the inspection site. This liaison
officer shall join the escort team upon its arrival at the inspection site and shall
remain on the escort team so long as the inspection team remains on the inspection
site.
IV.
The following additional procedures shall apply in those instances where the inspection
site is one at which either:
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a) conventional armaments and equipment subject to the CFE Treaty belonging to the United
States of America, equipment or materiel belonging to the United States of America,
or structures or premises utilized by the United States of America by agreement with
the Government of the Kingdom of the Netherlands, none of which are or contain, conventional
armaments and equipment limited by the CFE Treaty, are present on the territory of
the Kingdom of the Netherlands, and either are at a declared site of the Kingdom of
the Netherlands or are not at a declared site; or
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b) conventional armaments and equipment belonging to the United States of America and
limited by the CFE Treaty are present within the territory of the Kingdom of the Netherlands,
are not located at a declared site, but are within a specified area within which a
challenge inspection pursuant to Section VIII of the Protocol on Inspection of the
CFE Treaty is being conducted:
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- The leader of the escort team shall be a representative of the Government of the Kingdom
of the Netherlands.
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- Pursuant to Section XII, Paragraph 2, of the Protocol on Inspection, receipt of the
inspection report of the inspection site shall be acknowledged in writing by the representative
of the Government of the Kingdom of the Netherlands as the leader of the escort team.
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- When the inspection is being conducted pursuant to the provisions of Section VII of
the Protocol on Inspection, that is, at a declared site of the Kingdom of the Netherlands,
the Government of the Kingdom of the Netherlands shall prepare the site diagram for
the inspection site, in accordance with the provisions of Section VII, Paragraph 9.
The Government of the Kingdom of the Netherlands shall provide the representative
of the Government of the United States of America a copy of the site diagram in advance
of the inspection to facilitate preparation by the armed forces of the United States
of America to receive the inspection.
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- Pre-inspection briefings, if any, shall be presented by representatives of the Government
of the Kingdom of the Netherlands. Representatives of the Government of the United
States of America shall be present at the pre-inspection briefing to answer any questions
which might arise concerning conventional armaments and equipment subject to the CFE
Treaty belonging to the United States of America, equipment or materiel belonging
to the United States of America, or structures or premises utilized by the United
States of America by agreement with the Government of the Kingdom of the Netherlands
at the inspection site or located within the specified area, in the case of challenge
inspections.
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- The language used during the inspection shall be English, as notified by the Government
of the Kingdom of the Netherlands.
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- The Government of the Kingdom of the Netherlands shall be responsible for providing
for or arranging for all services described in Section VI, Paragraph 8, of the Protocol
on Inspection.
V.
The following additional procedures shall apply in those instances where the inspection
site is one at which conventional armaments and equipment limited by and subject to
the CFE Treaty belonging to the United States of America and conventional armaments
and equipment subject to the CFE Treaty belonging to the Kingdom of the Netherlands,
or structures or premises utilized by the Kingdom of the Netherlands are present:
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- The leader of the escort team within the inspection site shall be a representative
of the State Party whose Object of Verification is being inspected. The State Party
whose Object of Verification is being inspected shall also be responsible for providing
the escort team during the inspection. In the case of an inspection of an Object of
Verification of the United Sates of America, the Government of the Kingdom of the
Netherlands shall provide up to representatives to remain on the escort team.
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- Acknowledgement of receipt of the inspection report shall be carried out by the leader
of the escort team, in accordance with Section XII, Paragraph 2, of the Protocol on
Inspection.
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- The Government of the Kingdom of the Netherlands shall prepare the site diagram for
the inspection site, in accordance with the provisions of Section VII, Paragraph 9.
The Government of the United States of America shall provide information concerning
Objects of Verification of the United States of America to the Government of the Kingdom
of the Netherlands to assist in the preparation of the site diagram.
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- When the inspection is being conducted of an Object of Verification of the Kingdom
of the Netherlands, representatives of the Government of the Kingdom of the Netherlands
shall present the pre-inspection briefing. Representatives of the Government of the
United States of America shall be present at the pre-inspection briefing to answer
any questions which might arise concerning conventional armaments and equipment subject
to the CFE Treaty belonging to the United States of America, or structures or premises
utilized by the United States of America by agreement with the Government of the Kingdom
of the Netherlands on the inspection site.
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- When the inspection is being conducted of an Object of Verification of the United
States of America, representatives of the Government of the Kingdom of the Netherlands
and the Government of the United States of America shall jointly conduct the pre-inspection
briefing described in Section VII, Paragraphs 10 and 11, of the Protocol on Inspection.
Each representative shall contribute information required by those Paragraphs with
respect to conventional armaments and equipment subject to the Treaty belonging to
the respective States Parties, with respect to equipment or materiel belonging to
the respective States Parties and with respect to structures or premises utilized
by the respective States Parties on the inspection site. A representative of the Government
of the United States of America shall introduce the pre-inspection briefing.
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- The language used during an inspection of an Object of Verification of the Kingdom
of the Netherlands shall be English, as notified by the Government of the Kingdom
of the Netherlands. The language used during an inspection of an Object of Verification
of the United States of America shall be English.
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- The State Party whose Object of Verification is being inspected shall be responsible
for providing or arranging for all services described in Section V, Paragraph 8, of
the Protocol on Inspection. Such services shall include the provision of meals, lodging,
work space, transportation and, as necessary, medical care or any other emergency
assistance. The Government of the United States of America may request the assistance
of the Government of the Kingdom of the Netherlands in providing some or all of these
services if they are not available within the object of Verification of the United
States of America or the common area on the inspection site. The Government of the
United States of America shall bear the expenses for all such services provided by
the Government of the Kingdom of the Netherlands at the request of the Government
of the United States of America.
VI.
If the aforementioned proposal is acceptable, the Ministry of Foreign Affairs further
proposes on behalf of the Government of the Kingdom of the Netherlands that this Note,
together with the Embassy's reply to that effect, shall constitute an Agreement between
the Government of the Kingdom of the Netherlands and the Government of the United
States of America which shall enter into force on the date of the entry into force
of the CFE Treaty and shall remain in force so long as the Treaty remains in force.
Proposals for amendments to this Agreement can be put forward by either Side and shall
be the subject of consultations between the Government of the Kingdom of the Netherlands
and the Government of the United States of America as mutually agreed. Amendments
shall enter into force with procedures to be agreed upon.
The Ministry of Foreign Affairs of the Kingdom of the Netherlands takes this opportunity
to renew to the Embassy of the United States of America the assurance of its highest
consideration.
The Hague, September 19, 1991
To the Embassy of the
United States of America
Lange Voorhout 102
2514 EJ 's-Gravenhage
