MINISTRY OF FOREIGN AFFAIRS
The Hague
6 June 2012
Treaties Division
MINBUZA-2012.12246
The Ministry of Foreign Affairs of the Kingdom of the Netherlands presents its compliments
to the Permanent Court of Arbitration and, with reference to the Agreement concerning the Headquarters of the Permanent Court of Arbitration of 30 March 1999, has the honour to propose that the following provisions shall apply
with regard to witnesses in PCA Proceedings, in addition to Article 9, paragraph 2 of the Agreement concerning the Headquarters of the Permanent
Court of Arbitration.
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1. Witnesses shall enjoy the following privileges, immunities and facilities to the extent
necessary for their appearance in PCA Proceedings for purposes of giving evidence,
subject to the production of the document referred to in paragraph 2:
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a) immunity from personal arrest or detention or any other restriction of their liberty
in respect of acts or convictions prior to their entry into the territory of the Kingdom
of the Netherlands;
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b) immunity from seizure of their personal baggage unless there are serious grounds for
believing that the baggage contains articles the import or export of which is prohibited
by law or controlled by the quarantine regulations of the Kingdom of the Netherlands;
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c) immunity from legal process of every kind in respect of words spoken or written and
all acts performed by them in the course of their testimony, which immunity shall
continue to be accorded even after their appearance and testimony in PCA Proceedings;
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d) inviolability of all papers, documents in whatever form and materials relating to
their testimony;
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e) for purposes of their communications in relation to PCA Proceedings and with their
counsel in connection with their testimony, the right to receive and send papers and
documents in whatever form;
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f) exemption from immigration restrictions or alien registration when they travel for
purposes of their testimony;
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g) the same repatriation facilities in time of international crisis as are accorded to
diplomatic agents under the Vienna Convention.
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2. Witnesses shall be provided by the PCA with a document certifying that their appearance
is required by the PCA and specifying a time period during which such appearance is
necessary. This document shall be withdrawn prior to its expiry if the witness’s appearance
in PCA Proceedings, or his or her presence at the seat of the PCA is no longer required.
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3. The privileges, immunities and facilities referred to in paragraph 1 shall cease to
apply after fifteen consecutive days following the date on which the presence of the
witness concerned is no longer required by the PCA, provided such witness had an opportunity
to leave the Kingdom of the Netherlands during that period.
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4. Witnesses who are nationals or permanent residents of the Kingdom of the Netherlands
shall enjoy only the following privileges, immunities and facilities to the extent
necessary for their appearance or testimony in PCA Proceedings:
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a) immunity from personal arrest or detention or any other restriction of their liberty;
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b) immunity from legal process of every kind in respect of words spoken or written and
all acts performed by them in the course of their appearance or testimony, which immunity
shall continue to be accorded even after their appearance or testimony;
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c) inviolability of all papers, documents in whatever form and materials relating to
their appearance or testimony;
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d) for the purpose of their communications in relation to PCA Proceedings and with their
counsel in connection with their appearance or testimony, the right to receive and
send papers in whatever form.
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5. Witnesses shall not be subjected by the Kingdom of the Netherlands to any measure
which may affect their appearance or testimony in PCA Proceedings.
If this proposal is acceptable to the Permanent Court of Arbitration, the Ministry
proposes that this Note and the Permanent Court of Arbitration’s affirmative reply
to it shall together constitute an Agreement between the Kingdom of the Netherlands and the Permanent Court of Arbitration. This Agreement shall enter into force on the date of receipt of the Permanent Court
of Arbitration’s reply by the Ministry.
The Ministry of Foreign Affairs of the Kingdom of the Netherlands avails itself of
this opportunity to renew to the Permanent Court of Arbitration the assurances of
its highest consideration.
To the Permanent Court of Arbitration
at The Hague
