The Government of the Kingdom of the Netherlands and the Government of the Republic
of Korea, hereinafter referred to as the Contracting Parties,
For the purpose of further developing friendly relations between the two countries
and of strengthening cooperation in the field of maritime transport,
Taking into account their adherence to the principle of free competition on a fair
and commercial basis and in accordance with the principles of equality and mutual
benefit,
Have agreed as follows:
For the purpose of the present Agreement:
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1. The “Competent Maritime Authority” in the Kingdom of the Netherlands is the Directorate-General
Shipping and Maritime Affairs of the Ministry of Transport, Public Works and Water
Management and in the Republic of Korea the Korea Maritime and Port Administration.
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2. The term “vessel of a Contracting Party” means merchant vessels registered as such
in the ship register of either Contracting Party and flying the flag of the Contracting
Party in compliance with its national laws and regulations.
However, this term does not include:
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3. The term “crew member” means the ship's master and any person actually employed on
board a vessel with regard to the working or service of the vessel, who is included
in the crew list and who is a holder of the seaman's identity document.
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2 Each Contracting Party, without prejudice to its obligations as a Party to the United
Nations' Convention on a Code of Conduct for Liner Conferences, shall abstain from
any discriminatory measures with respect to the vessels of the other Contracting Party
in relation to liner trade between the two countries and shall accord to the vessels
of the other Contracting Party treatment no less favourable than that accorded to
the vessels of third countries in relation to liner and bulk trade between the two
countries and between either country and third countries.
The Contracting Parties agree,
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a) to promote the development of maritime transport in a spirit of consideration of their
mutual interests and to remove any difficulties in this field;
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b) to facilitate, within the limits of the national laws and regulations, the transfer
of technology and know-how as well as the establishment of joint ventures in the field
of shipping.
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1 Each Contracting Party shall grant to the vessels of the other Contracting Party
the same treatment as to its own vessels used in international sea transport, with
regard to official formalities, free access to ports, utilisation of such ports for
loading and discharging of cargo and embarkment of passengers, payment of tonnage
dues and other taxes or charges, utilisation of services and facilities applied for
navigation, shipping and normal commercial transactions. This applies also to vessels
operated by shipping companies of the other Contracting Party flying the flag of a
third country, unless the Competent Maritime Authorities of that Contracting Party
object.
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2 The provisions of paragraph 1 shall apply to customs formalities, the levying of
charges and port dues, freedom of access to and the use of the ports, as well as to
all facilities afforded to shipping and commercial operations in respect of vessels,
crew members, passengers and cargoes. In particular this refers to the allocation
of berths at piers, loading and unloading facilities and port services, including
bunker facilities.
The Contracting Parties shall adopt, within the limits of their domestic laws and
regulations, all appropriate measures to facilitate and expedite maritime traffic,
to prevent unnecessary delays to vessels and to expedite and simplify as much as possible
the carrying out of customs and other formalities required in ports.
Profits from the operation of ships in international traffic carried on by an enterprise
of one of the Contracting Parties shall be taxable only in the territory of that Contracting
Party, in accordance with the Convention between the Kingdom of the Netherlands and
the Republic of Korea for the Avoidance of Double Taxation and the Prevention of Fiscal
Evasion with respect to Taxes on Income of 1978.
Each Contracting Party shall grant to the shipping company which has its place of
effective management in the territory of the other Contracting Party the right of
free transfer in convertible currency to the country designated by the shipping company
of the excess of receipts over expenditure earned by that shipping company in the
territory of the first Contracting Party. The procedure for such remittance, however,
shall be in accordance with the foreign exchange regulations of the Contracting Party
in the territory of which the revenue accrued. Such transfers shall be granted regularly
and currently and shall be based on official exchange rates of current payments. Regarding
the transfer of investments and the returns from it, the Treaty on the Protection
of Investments between the Kingdom of the Netherlands and the Republic of Korea of
1974 applies.
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2 The Contracting Parties shall, in accordance with the relevant international Conventions,
mutually recognize the tonnage certificate and other documents of ships duly issued
by the competent authorities of either Party or those recognized by one Contracting
Party and met with no objection from the other Party without remeasuring the vessels
concerned. All port charges and expenses shall be collected on the basis of these
documents.
The Contracting Parties shall recognize the seaman's identity documents, issued by
the competent authorities of the other Contracting Party.
These identity documents are:
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a. for crew members on Netherlands vessels: the Netherlands “Monsterboekje” (seaman's
book),
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b. for crew members on vessels of the Republic of Korea: the Seaman's passport.
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1 Each crew member of a vessel of one Contracting Party holding the identity document
referred to in Article IX of this Agreement may go ashore and stay for temporary shore
leave without visas during the stay of their vessel in a port of the other Contracting
Party provided that the ship's master has submitted the crew list to the competent
authorities, in accordance with the regulations in force in that port.
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1 Crew members holding the relevant identity documents, mentioned in Article IX, have
the right, regardless of the mode of transport, to enter the territory of the other
Contracting Party or pass through that territory in order to rejoin their vessel,
to be transferred to another vessel, to return to their country, or to travel for
any other purpose with the consent of the competent authorities of that other Contracting
Party.
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2 When a crew member holding the relevant identity document, mentioned in Article IX,
is disembarked in a port on the territory of the other Contracting Party for reasons
of health, or other grounds recognized by the competent authorities, these authorities
shall give the necessary authorisation in order to enable the crew member to remain
on their territory to receive medical attention or to be hospitalized and to return
to his country by any means of transport or to go to another port of embarkation.
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1 Without prejudice to the generality of the Articles IX to XI, the laws and regulations
of either Contracting Party concerning the entry, the stay and the termination of
the stay of foreigners, are applicable.
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1 Should vessels of either Contracting Party be involved in maritime casualties or
encounter any other danger in the territorial sea, internal waters or ports of the
other Contracting Party, the latter shall give all possible assistance and attention
to the vessels, crew members, cargo and passengers in danger and notify the appropriate
authorities of the Contracting Parties concerned without delay. National treatment
shall be exercised in the collection of charges incurred.
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2 Where cargo on board of a vessel of either Contracting Party involved in a maritime
casualty needs to be discharged and stored temporarily in the territory of the other
Contracting Party before its return to the country of shipment or carriage to third
countries, the other Contracting Party shall provide all facilities required, and
such cargo shall be exempt from all customs duties, dues and taxes.
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1 The vessels and crew members of either Contracting Party shall observe the relevant
laws and regulations of the other Contracting Party during their stay in the latter's
territorial sea, internal waters and ports. The authorities of either Contracting
Party shall not exercise jurisdiction over or intervene in the internal affairs of
the vessels of the other Contracting Party in its territorial sea, internal waters
and ports, except in the cases and to the extent expressly provided for in generally
accepted international rules and regulations and in treaties in force between Contracting
Parties.
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2 When a crew member of a vessel of either Contracting Party has committed a crime
on board that vessel in the territorial sea of the other Contracting Party, the competent
authorities of that Contracting Party shall not prosecute him without the consent
of the master of the vessel or of a diplomatic or consular officer of the former Contracting
Party, unless
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a) the consequences of the crime extend to their territory; or
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b) the crime is of a kind to disturb the peace of their country or the good order of
the territorial sea; or
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c) according to the law of their country, the crime is a serious offence; or
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d) the crime has been committed against a foreigner on board the vessel; or
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e) the crime concerns illicit traffic in narcotic drugs or psychotropic substances.
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1 With a view to assuring full implementation and application of the present Agreement
and facilitating maritime transport between the two States, the Contracting Parties
shall establish a Joint Committee, which will be composed of representatives of the
competent Government authorities of the two Contracting Parties. Each Contracting
Party may invite representatives of the maritime industry.
This Agreement shall come into force on the first day of the second month following
the date on which the Contracting Parties have informed each other in writing that
the formalities constitutionally required in their respective countries have been
complied with. If either Contracting Party wishes to denounce the present Agreement,
it shall notify the other Contracting Party in writing and the denunciation of the
Agreement shall take effect six months after the date of receipt of such notification
by the other Contracting Party.
