Agreement between the Kingdom of the Netherlands, in respect of Curaçao, and the United
States of America concerning Access to and Use of Facilities in Curaçao for humanitarian
supplies reserved for the people of the Bolivarian Republic of Venezuela
[Regeling vervallen per 15-03-2020]
The Kingdom of the Netherlands, in respect of Curaçao,
And
The United States of America
(hereinafter referred to as the Parties),
Article I. Definitions
[Regeling vervallen per 15-03-2020]
For the purposes of this Agreement:
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a. “United States personnel” shall refer to the personnel of the U.S. Government who
are present in Curaçao in connection with this Agreement.
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b. “Facilities” shall refer to those sites, installations, structures, and areas, identified
in writing by Curaçao after consultation with the United States, to which the United
States Government and its Implementing Partners are authorized access and use, in
connection with this Agreement.
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c. “Implementing Partners” shall refer to entities and individuals operating under a
grant or contract with the U.S. government.
Article II. Purpose and authorization
[Regeling vervallen per 15-03-2020]
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4 If the Kingdom of the Netherlands determines, after consultation with the United States,
that the situation does not permit an orderly distribution of the humanitarian assistance
in peaceful circumstances within Venezuela, Curaçao shall not be used as a hub to
transfer and distribute such assistance to Venezuela. Humanitarian assistance may,
however, be transferred to and stored in Curaçao anticipating transfer to Venezuela
if the circumstances so permit; until that time there shall be no transfer of humanitarian
assistance to Venezuela. At any time, the United States and its Implementing Partners
may transfer humanitarian assistance to third countries.
Article III. Respecting national laws
[Regeling vervallen per 15-03-2020]
United States personnel shall respect the laws of Curaçao and shall abstain from any
activity inconsistent with this Agreement.
Article IV. Security
[Regeling vervallen per 15-03-2020]
The authorities of Curaçao and the United States Government shall consult and take
such steps as may be necessary to ensure the security of United States personnel,
Implementing Partners, and Facilities in Curaçao. The authorities of Curaçao retain
overall responsibility for the physical security of the designated Facilities under
this Agreement. The authorities of Curaçao and the United States shall exchange any
information relevant for this purpose.
Article V. Costs
[Regeling vervallen per 15-03-2020]
Costs that may be incurred in connection with or in the execution of this Agreement
shall be addressed through separate obligating instruments. The United States expects
to bear the costs incurred in connection with this Agreement subject to the terms
and conditions agreed upon in such obligating instruments.
Article VI. Procurement
[Regeling vervallen per 15-03-2020]
The United States Government intends to endeavor to use its best efforts, consistent
with applicable laws, regulations, and the assistance objectives under this Agreement,
to procure humanitarian assistance in Curaçao.
Article VII. Applicability FOL Agreement
[Regeling vervallen per 15-03-2020]
Except as otherwise provided for in this Agreement, Articles VI, VII (paragraphs 1-3)VIII, XIII, XVII, XVIII, and XIX (paragraphs 1, 2, 4 and 5) of the Agreement of Cooperation between the Kingdom
of the Netherlands and the Government of the United States of America Concerning Access
to and Use of Facilities in the Netherlands Antilles and Aruba for Aerial Counter-Narcotics
Activities, done at Oranjestad on 2 March 2000 (“FOL Agreement”), shall apply mutatis mutandis to United States personnel, Implementing Partners or the U.S. government, as the
case may be. For purposes of this Agreement, Implementing Partners shall receive the
same guarantees, protections, and assurances as Contractors receive under the FOL Agreement.
Article VIII. Settlement Of Disputes
[Regeling vervallen per 15-03-2020]
Any disagreements that may arise from the application or implementation of this Agreement
shall be settled through consultation between the appropriate authorities of the Parties,
including, as necessary, through diplomatic channels.
Article IX. Territorial applicability
[Regeling vervallen per 15-03-2020]
With regard to the Kingdom of the Netherlands, this Agreement shall apply to Curaçao.
Article X. Entry into force; duration
[Regeling vervallen per 15-03-2020]
This Agreement shall enter into force on the date of the last signature by the Parties
and shall remain in force for the duration of the activities under this Agreement,
but in any case for no longer than a period of one year.
The Agreement may be renewed by mutual written agreement of the Parties.
