UNITED NATIONS OFFICE OF THE HIGH REPRESENTATIVE FOR THE LEAST DEVELOPED COUNTRIES,
LANDLOCKED DEVELOPING COUNTRIES AND SMALL ISLAND DEVELOPING STATES (UN-OHRLLS)
New York, 18 March 2016
Reference: 16-01553/OHRLLS/HDS
Excellency,
I have the honour to refer to the arrangements concerning the upcoming Aruba Public-Private
Partnerships Conference (hereinafter referred to as “the Conference”).
The Conference will be organized by the United Nations represented by the Office of
the High Representative for the Least Developed Countries, Landlocked Developing Countries
and Small Island Developing States (hereinafter referred to as “the United Nations”)
in cooperation with the Government of Aruba, and will be held at the Renaissance Resort,
in Oranjestad, Aruba from 22 to 24 March 2016.
The Conference will focus on the role of Public-Private Partnerships (PPPs) in the
sustainable development of Small Island Developing States (SIDS) and will serve as
a follow up event to the Private Sector Partnerships Forum from 30 to 31 August, 2014
on the margins of the United Nations Third International Conference on Small Island
Developing States held in Apia, Samoa. The Conference will look to consolidate and
advance the outcomes of the Samoa Forum and provide an international platform to strengthen
international cooperation mobilizing efforts in the pursuit of achieving the 2030
Agenda and Sustainable Development Goals (SDGs) and will provide governments, private
companies, financial institutions and knowledge centers the opportunity to showcase
and discuss upcoming PPP projects that are of mutual interest to participating entities.
With the present letter, I wish to obtain acceptance by the Government of the Kingdom
of the Netherlands, on behalf of the Government of Aruba, of the following:
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1. The Conference will be attended by the following participants:
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(a) up to (38) Permanent Representatives of Small Island Developing States based in New
York;
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(b) up to (5) private sector representatives of Small Island Developing States from the
Atlantic, Indian Ocean and South China Sea (AIMS) region;
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(c) up to (5) private sector representatives of Small Island Developing States from the
Caribbean region;
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(d) up to (5) private sector representatives of Small Island Developing States from the
Pacific region;
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(e) up to (3) representatives of Small Island Developing States from the AIMS region to
be funded by the United Nations Department of Economic and Social Affairs;
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(f) up to (3) representatives of Small Island Developing States from the Caribbean region
to be funded by the United Nations Department of Economic and Social Affairs;
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(g) up to (3) representatives of Small Island Developing States from the Pacific region
to be funded by the United Nations Department of Economic and Social Affairs;
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(h) up to (10) self-funded representatives/experts from the United Nations Specialized
Agencies and Regional Economic Commissions;
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(i) up to (10) self-funded experts from International Financial Institutions, and other
Regional and Sub-regional Organizations, corridor management organizations and the
private sector;
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(j) up to 7 officials from the United Nations Office of the High Representative for LDCs,
LLDCs, and SIDS;
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(k) other participants invited by the United Nations and the Kingdom of the Netherlands
and Government of Aruba, including representatives of regional and international organizations
and the United Nations System.
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2. The maximum number of participants will be approximately three hundred (300). The
final list of participants will be determined by the United Nations in consultation
with the Government of Aruba prior to the holding of the Conference.
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3. The Conference will be conducted in English with simultaneous interpretation in French
and Spanish.
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4. The United Nations will be responsible for:
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(a) Overall substantive support to the organization of the Conference, including: (i)
the preparation of appropriate documentation; (ii) the identification and lining-up
of speakers and moderators; (iii) supporting outreach, advocacy and media coverage;
(iv) assist with running of thematic sessions; and (iv) compilation of the co-chairs’
summary outcomes of the Meeting;
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(b) The invitation of participants as specified in sub-paragraphs 1(a) through 1(k).
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5. The Government of Aruba will be responsible for and provide at its cost the following:
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(a) The transportation of the Conference participants from the airport to the designated
hotel and from the designated hotel to the airport, as well as from the designated
hotel to the Conference venue and from the Conference venue to the designated hotel;
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(b) Local counterpart staff, with fluent knowledge of the English language, to assist
with the planning and any necessary administrative support during the Conference;
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(c) Conference premises and facilities, including one conference room having a capacity
for at least 300 participants, equipped with sound recording with sound recording,
microphones, and at least one additional room for working groups;
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(d) The reproduction of the Conference materials and its distribution to Conference’s
participants;
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(e) Any necessary office supplies and equipment, including stationary, computers, printers
and photocopies;
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(f) Provision of office space for the officials from the United Nations, including office
materials, 4 computers with internet connection, printer/photocopying machine and
telephone and fax services;
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(g) Setting-up special hospitality desk at the hotel (where participants are staying)
and at the airport to provide necessary guidance and information to the participants,
including ticket re-confirmation facilities;
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(h) Making first-aid medical assistance available for all participants within the Conference
premises;
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(i) Organizing a welcome reception on the first day;
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(j) Ensuring local media coverage of the Conference; and
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(k) Provision of interpretation services in the following languages of the Conference:
English, Spanish and French.
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6. The Government of Aruba will also be responsible for and provide at its cost support
to the each of the participants referred to in above 1(a), (b), (c), (d), and (j)
on the following:
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(a) The cost of transportation to and from the respective places of origin and Aruba;
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(b) Accommodation for the duration of the Conference in Aruba up to $250 per night per
person;
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(c) Disburse to the participants in Aruba, terminal expenses of $76 for non-New York based
participants and $126 for New York based participants;
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(d) Disburse to the participants in Aruba, daily subsistence allowance rate of $128 per
day for the duration of the conference.
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7. The cost of transportation and daily subsistence allowance for other participants
as specified in paragraphs 1 (h), (i) and (k) will be the responsibility of the participants
and their respective organizations.
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8. As the Conference will be convened by the United Nations, I wish to propose that the
following terms shall apply:
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(a) The Convention on the Privileges and Immunities of the United Nations adopted by the General Assembly on 13 February 1946 (hereinafter referred to as “the
Convention”), to which the Kingdom of the Netherlands is a party, shall be applicable
in respect to the Conference. In particular, representatives of States participating
in the Conference shall enjoy the privileges and immunities provided under Article IV of the Convention. The participants shall enjoy the privileges and immunities accorded to experts on
mission for the United Nations by Articles VI and VII of the Convention. Officials of the United Nations participating in or performing functions in connection
with the Conference shall enjoy the privileges and immunities provided under Articles V and VII of the Convention. Representatives, officials and experts of the Specialized
Agencies participating in the Conference shall be accorded the privileges and immunities
provided under Articles VI and VIII of the Convention on the Privileges and Immunities of the Specialized Agencies, adopted by the General Assembly on 21 November 1947.
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(b) Without prejudice to the provisions of the Convention, all participants and persons performing functions in connection with the Conference
shall enjoy such privileges and immunities, facilities and courtesies as are necessary
for the independent exercise of their functions in connection with the Conference;
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(c) Personnel provided by the Government pursuant to this Agreement shall enjoy immunity
from legal process in respect of words spoken or written or any act performed by them
in their official capacity in connection with the Conference;
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(d) All participants and all persons performing functions in connection with the Conference
shall have the right of unimpeded entry into and exit from Aruba, provided that the
general procedures governing the granting of visas are fulfilled. Visas and entry
permits, where required, shall be granted free of charge and as speedily as possible.
When applications are made four weeks before the opening of the Conference, visas
shall be granted not later than two weeks before the opening of the Conference. If
the application is made less than four weeks before the opening, visas shall be granted
as speedily as possible. Arrangements shall be made to ensure that visas for the duration
of the Conference are delivered at the airport of arrival to those who are unable
to obtain them prior to their Arrival-Exit permits, where required, shall be granted
free of charge, as speedily as possible as and in any case not later than three days
before the closing of the Conference.
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9. The Government of Aruba shall, at its expense, provide such police protection as may
be required to ensure the safety of the participants and the effective functioning
of the Conference in an atmosphere of security and tranquillity free from any interference
of any kind. While such police services shall be under the direct supervision and
control of a senior officer provided by the Government, this officer shall work in
close co-operation with a designated senior official of the United Nations.
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10. It is further understood that the Government of Aruba shall be responsible for dealing
with any action, claim or other demand against the United Nations or its officials
arising out of:
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(a) injury to persons or damage to or loss of property in the Conference or office premises
that are provided by or under control of the Government of Aruba for the Conference;
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(b) injury to persons or damage to or loss of property caused by or incurred in using
any transport services that are provided for the Conference by or under the control
of the Government of Aruba;
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(c) the employment for the Conference of personnel provided or arranged for by the Government
of Aruba and;
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(d) the Government of Aruba shall indemnify and hold harmless the United Nations and its
officials in respect of any such action, claim or other demand.
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11. Any dispute between the United Nations and the Government of Aruba, concerning the
interpretation or implementation of this Agreement, except for a dispute subject to
Section 30 of the Convention or to any other applicable agreement, shall, unless the
parties otherwise agree, be resolved by negotiations. Any such dispute that is not
settled by negotiation or any other agreed mode of settlement shall be submitted at
the request of either party for a final decision to a tribunal of three arbitrators,
one of whom shall be appointed by the Secretary-General of the United Nations, one
by the Government of Aruba and the third, who shall be the Chairperson, by the other
two arbitrators. If either party does not appoint an arbitrator within three months
of the other party having notified the name of its arbitrator, or if the first two
arbitrators do not within three months of the appointment or nomination of the second
one of them appoint the Chairperson, then such arbitrator shall be nominated by the
President of the International Court of Justice at the request of either party to
the dispute. Except as otherwise agreed by the parties, the tribunal shall adopt its
own rules of procedure, provide for the reimbursement of its members and the distribution
of expenses between the parties, and take all decisions by a two-thirds majority.
Its decisions on all questions of procedure and substance shall be final and, even
if rendered in default of one of the parties, be binding on both of them.
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12. I further propose that upon receipt of your Government’s confirmation in writing of the above, this exchange of letters constitute an Agreement between
the United Nations and the Kingdom of the Netherlands, on behalf of Aruba regarding
the hosting of the Conference, which shall enter into force on the date of your reply
and shall remain in force for the duration of the Conference, and for such additional
period as is necessary for its preparation and for the completion of its work, and
for the resolution of any matters arising out of the Agreement, not to exceed one
year.
Please accept Excellency, the assurances of my highest consideration.
GYAN CHANDRA ACHARYA
Under-Secretary-General and High Representative for
the Least Developed Countries, Landlocked Developing
Countries and Small Island Developing States
H.E. Karel van Oosterom
Ambassador Extraordinary and Plenipotentiary
Permanent Representative of the Kingdom of the Netherlands
to the United Nations, New York