Nr. I
[Regeling vervallen per 07-11-2005]
Ambassade van het Koninkrijk der Nederlanden
Singapore, 8 November 2004
SIN/041108/BRU/PZ-JH
The Royal Netherlands Embassy presents its compliments to the Ministry of Foreign
Affairs of Brunei Darussalam and has the honour to refer to the Ministry's note dated
8 June 2004 in which permission has been granted for Netherlands military personnel
to join the British Jungle Training Programme in the Sultanate of Brunei Darussalam.
The Netherlands requires that for training of its military personnel abroad a status
of forces agreement has to be concluded with the receiving State. Therefore the Netherlands
Embassy proposes an agreement between the Government of the Kingdom of the Netherlands
and the Government of His Majesty the Sultan and Yang Dipertuan of Brunei Darussalam
(hereinafter referred to as ``the Contracting Parties") regarding the status of military
personnel of the Ministry of Defence of the Kingdom of the Netherlands who will be
present in the territory of the Sultanate of Brunei Darussalam for the purpose of
participating in the British Jungle Training Programme in November and December 2004
on the following terms:
Article I. Definitions
[Regeling vervallen per 07-11-2005]
For the purpose of this Agreement and its implementation the term ``Military personnel"
means: the military personnel of the Ministry of Defence of the sending State.
Article II. Entry and exit requirements
[Regeling vervallen per 07-11-2005]
Article III. Discipline and jurisdiction
[Regeling vervallen per 07-11-2005]
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a) The military authorities of the sending State shall have the right to exercise exlusive
jurisdiction over persons subject tot the military law of that State with respect
to offences, including offences relating to its security, punishable by the law of
the sending State, but not by the law of the receiving State.
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b) The authorities of the receiving State shall have the right to exercise exclusive
jurisdiction over the military personnel with respect to offences, including offences
relating to the security of that State, punishable by its law but not by the law of
the sending State.
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c) For the purposes of this paragraph and of paragraph 3 of this Article a security offence
against a State shall include:
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(i) treason against the State;
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(ii) sabotage, espionage or violation of any law relating to official secrets of that State,
or secrets relating to the national defence of that State;
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a) The authorities of the receiving and sending States shall assist each other in the
arrest of military personnel in the territory of the receiving State and in handing
them over to the authority which is to exercise jurisdiction in accordance with the
above provisions.
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b) The authorities of the receiving State shall notify promptly the military authorities
of the sending State of the arrest of any members of the military personnel.
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c) The custody of an accused member of the military personnel over whom the receiving
State is to exercise jurisdiction shall, if he is in the hands of the sending State,
remain with that State until he is charged by the receiving State.
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a) The authorities of the receiving and sending States shall assist each other in the
carrying out of all necessary investigations into offences, and in the collection
and production of evidence, including the seizure and, in proper cases, the handing
over of objects connected with an offence. The handing over of such objects may, however,
be made subject to their return within the time specified by the authority delivering
them.
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b) The authorities of the Parties shall notify one another of the disposition of all
cases in which there are concurrent rights to exercise jurisdiction.
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a) A death sentence shall not be carried out in the receiving State by the authorities
of the sending State if the legislation of the receiving State does not provice for
such punishment in a similar case.
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b) The authorities of the receiving State shall give sympathetic consideration to a request
from the authorities of the sending State for assistance in carrying out a sentence
of imprisonment pronounced by the authorities of the sending State under the provision
of this Article within the territory of the receiving State.
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8 Where an accused has been tried in accordance with the provisions of this Article
by the authorities of one Contracting Party and has been acquitted, or has been convicted
and is serving, or has served, his sentence or has been pardoned, he may not be tried
again for the same offence within the same territory by the authorities of the other
Contracting Party. However, nothing in this paragraph shall prevent the military authorities
of the sending State from trying a member of its force for any violation of rules
of discipline arising from an act or omission which constituted an offence for which
he was tried by the authorities of the receiving State.
Article IV. Importation and exportation
[Regeling vervallen per 07-11-2005]
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1 The receiving State waives the right to levy import and export fees, duties, taxes
and other charges otherwise leviable in the receiving State on equipment, materials,
supplies and other property imported into the receiving State by the sending State
in connection with this Agreement.
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3 Baggage, personal effects, products and other property for the personal use of the
Military personnel imported into the receiving State shall be exempt from import and
export fees, duties, taxes and other charges otherwise leviable in the receiving State.
Article V. Uniforms
[Regeling vervallen per 07-11-2005]
The Military personnel may wear their national military uniform, while performing
official duties.
Article VI. Claims
[Regeling vervallen per 07-11-2005]
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3 Third party claims for any loss, damage or injury caused by the Military personnel
shall be settled by the receiving State on behalf of the sending State in accordance
with the laws and regulations of the receiving State. Costs related to the settlement
of any such claim shall be reimbursed by the sending State.
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4 Third party claims for any loss, damage or injury caused by personnel of both Contracting
Parties in the performance of their official duties shall be settled by the receiving
State, also on behalf of the sending State, in accordance with the laws and regulations
of the receiving State. Costs related to the settlement of any such claim shall be
distributed between the Contracting Parties on an equal basis.
Article VII. Land, accommodation and facilities
[Regeling vervallen per 07-11-2005]
The Military personnel may use the land, accommodation and facilities for the purposes
of training made available to the armed forces of the United Kingdom subject to whatever
restrictions, terms and conditions as are applicable to the armed forces of the United
Kingdom.
Article VIII. Settlement of disputes
[Regeling vervallen per 07-11-2005]
Any disagreements that may arise from the application or implementation of this Agreement
shall be settled through consultation between the appropriate authorities of the Contracting
Parties, including, as necessary, through diplomatic channels.
Article IX. Termination
[Regeling vervallen per 07-11-2005]
The Contracting Parties may terminate this Agreement at any time by giving two months
written notice to the other Contracting Party.
Article X . Duration
[Regeling vervallen per 07-11-2005]
This Agreement shall remain in force for the duration of the presence of the Military
personnel in the territory of the receiving State during the British Jungle Training
Programme and with regard to Article VI (CLAIMS) for the duration necessary to resolve
the outstanding claims, but in any case, for no longer than one year.
If the foregoing is acceptable to the of Government of His Majesty the Sultan and
Yang Dipertuan of Brunei Darussalam, the Royal Netherlands Embassy has the honour
to propose that this Note and the Note in reply of the Ministry shall constitute an
Agreement between the Government of the Kingdom of the Netherlands and the Government
of His Majesty the Sultan and Yang Dipertuan of Brunei Darussalam, which shall enter
into force on the date of receipt of the reply of the Ministry. If this date is later
than 7 November 2004, this Agreement will have retroactive effect as from the latter
date.
The Royal Netherlands Embassy avails itself of this opportunity to renew to the Ministry
of Foreign Affairs of Brunei Darussalam the assurances of its highest consideration.
High Commission of Brunei Darussalam
325 Tanglin Road
Singapore 247955
