The Hague, March 17, 1981
No. 28
Excellency:
I have the honor to refer to the Ottawa Agreement of September 20, 1951, and to the
Supplementary Agreement concerning the NATO Airborne Early Warning and Control Programme
Management Agency (NAPMA) described in the exchange of letters of August 31, 1979
and September 11, 1979 between yourself and the Secretary General of NATO, which had
a retroactive effect as from July 1, 1979. I have the honor to refer also to the convention
between our Governments with respect to taxes on income and certain other taxes of
April 29, 1948, and amendments thereto.
In support of this NATO program, the United States Government has contracted, through
the United States Air Force, with the MITRE Corporation, a non-profit Federal Contract
Research Center, to provide certain management services to NAPMA. MITRE personnel
are presently serving with NAPMA at Brunssum. These MITRE employees will reside in
the Netherlands while performing under this contract. Currently, there are four employees
of MITRE working and living in the Netherlands. A copy of the MITRE "technical objectives
and plans" document, which in effect is the USAF/MITRE contract, is enclosed for your
information.
I believe that the status of the MITRE personnel located in the Netherlands is defined
by the Ottawa agreement and by paragraph 8 of the NAPMA Supplementary Agreement. Additionally,
I believe that the MITRE personnel are exempt from the Netherlands taxes identified
in the Bilateral Tax Convention, as amended, which is mentioned above.
I have the honor to propose that if the understanding set forth above is acceptable
to you, this letter and your affirmative reply will constitute a bilateral Supplementary
Agreement to the exchange of letters between yourself and the Secretary General of
NATO on August 31, 1979, and September 11, 1979, concerning NAPMA.
Accept, Excellency, the assurances of my highest consideration.
(sd.) Th. J. DUNNIGAN
Enclosure: MITRE Technical Objectives and Plans.
His Excellency
C. A. van der Klaauw
Minister for Foreign Affairs of
The Netherlands