Bonn, 25 September 1990
Excellency,
I have the honour to acknowledge receipt of your Note of 25 September 1990 concerning
the Agreement of 19 June 1951 between the Parties to the North Atlantic Treaty regarding
the Status of their Forces, the Agreement of 3 Augustus 1959 to supplement that Agreement
with respect to foreign forces stationed in the Federal Republic of Germany and the
Agreements related thereto, the English text of which reads as follows:
"I have the honour to refer to the discussions which have taken place between representatives
of the Governments of the Federal Republic of Germany, the Kingdom of Belgium, Canada,
the French Republic, the Kingdom of the Netherlands, the United Kingdom of Great Britain
and Northern Ireland and the United States of America concerning the Agreement of
19 Juni 1951 between the Parties to the North Atlantic Treaty regarding the Status
of their Forces, the Agreement of 3 August 1959 to supplement that Agreement with
respect to foreign forces stationed in the Federal Republic of Germany ('the Supplementary
Agreement'), and the Agreements related thereto. I have the honour to propose on behalf
of the Government of the Federal Republic of Germany that your Governments note that:
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1. Following the establishment of German unity and the conclusion of the Treaty on the
Final Settlement with respect to Germany, signed on 12 September 1990, the above-mentioned
Agreements remain in force as amended, subject to paragraph 4 below.
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2.
[Red: Vervallen.]
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3.
[Red: Vervallen.]
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4.
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a. Taking account of the fact that the existing territorial application of these Agreements
remains unaffected by the establishment of German unity, the forces of the sending
States, their civilian components, their members and dependents shall enjoy the same
status in the Laender Berlin, Brandenburg, Mecklenburg-Vorpommern, Saxony, Saxony-Anhalt
and Thuringia as that accorded to them in the Leander Baden-Wuerttemberg, Bavaria,
Bremen, Hamburg, Hesse, Lower Saxony, North-Rhine/Westphalia, Rhineland-Palatinate,
Saarland and Schleswig-Holstein. Their official activities in the first-named Laender
are subject to approval by the Federal Government. The Federal Government shall decide
taking into account the provisions of Article 5 (3) of the Treaty on the Final Settlement
with respect to Germany of 12 September 1990, in accordance with the Agreed Minute
of the same date to that Treaty. Private activities by any member of their forces
or civilian components or by any dependent shall not require consent.
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b.
[Red: Vervallen.]
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c.
[Red: Vervallen.]
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d. If differences arise between Parties to this Agreement relating to the practical application
of this paragraph, they shall be settled by a consultative group consisting of representatives
from the Federal Republic of Germany and any other Party directly concerned.
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e. The provisions of this paragraph may be reviewed at the request of one of the Parties.
If the Governments of the Kingdom of Belgium, Canada, the French Republic, the Kingdom
of the Netherlands, the United Kingdom of Great Britain and Northern Ireland and the
United States of America agree to the content of this Note, this Note and the Notes
in reply thereto expressing your Governments' agreement shall constitute an Agreement
between our Governments, which shall enter into force, following completion of the
necessary constitutional requirements in the Federal Republic of Germany, when German
unity is established.
The English and French texts of this Note are attached hereto, all three texts being
equally authentic."
I have the honour to inform you that the Government of the Kingdom of the Netherlands
agrees to the content of Your Excellency's Note. Accordingly, Your Excellency's Note,
this reply and the replies of the Ambassador of the Kingdom of Belgium, of the Ambassador
of Canada, of the Ambassador of the French Republic, of the Ambassador of the United
Kingdom of Great Britain and Northern Ireland and of the Ambassador of the United
States of America expressing their Governments' agreement shall constitute an Agreement
between our Governments, which shall enter into force, following completion of the
necessary constitutional requirements in the Federal Republic of Germany, when German
unity is established. I avail myself of this opportunity to renew to Your Excellency
the assurances of my highest consideration.
(sd.) J. G. VAN DER TAS
J. G. van der Tas
Ambassador of the Netherlands
An den Staatssekretär des Auswärtigen Amts
S.E. Herrn Dr. Hans Werner Lautenschlager
5300 Bonn I.