SPECIAL COURT FOR SIERRA LEONE
Freetown, 26 November 2010
Agreement between the Kingdom of the Netherlands and the Special Court for Sierra Leone in connection with the transportation and storage of the archives of the Special Court
The Special Court for Sierra Leone (hereinafter referred to as “Special Court”) presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer to the consultations between the Ministry and the National Archives of the Netherlands (the Nationaal Archief, an Agency of the Ministry of Education, Culture and Science) on the one hand, and the Special Court, on the other hand, on the transportation of the archives of the Special Court to, and the storage of these archives at, the premises of the National Archives of the Netherlands (hereinafter “Transportation and Storage”).
As a result of these consultations held in connection with the Transportation and Storage of the Special Court’s archives, the Special Court has the honour to propose the following:
During the Transportation and Storage of the Special Court’s archives, the Special Court (and upon its succession, the Residual Special Court) shall at all times retain exclusive ownership of the archives and remain exclusively responsible for the “Chain of Custody” of the archives.
In accordance with Article 2 of the Headquarters Agreement between the Kingdom of the Netherlands and the Special Court for Sierra Leone, of 19 June 2006, the provisions of the Agreement between the Kingdom of the Netherlands and the United Nations concerning the Headquarters of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, concluded at New York on 29 July 1994, as amended (hereinafter referred to as “the Agreement”), shall apply, mutatis mutandis, in connection with the Transportation and Storage, in particular:
a) The archives of the Special Court, and in general all documents and materials made available, belonging to or used by the Special Court, shall be inviolable, as mentioned in Article IX of the Agreement;
b) The assets, income and other property of the Special Court, shall be exempt from all direct taxes, as mentioned in Article X of the Agreement;
c) All persons referred to in Article XIV, XV, XVII, XVIII and XIX of the Agreement shall have the right of unimpeded entry into, exit from and movement within the Kingdom of the Netherlands, and they shall be granted facilities for speedy travel as mentioned in Article XXIII of the Agreement.