Ambassade van het Koninkrijk der Nederlanden
Almaty, September 26, 2002
Alm-1413/2002
The Embassy of the Kingdom of the Netherlands in Tadjikistan presents its compliments
to the Ministry of Foreign Affairs of the Republic of Tadjikistan and, with reference
to the talks between the representatives of our two Governments that led to the specification
of the conditions for the deployment and temporary stationing of armed forces of the
Kingdom of the Netherlands on the territory of the Republic of Tadjikistan in accordance
with United Nations Security Council resolutions 1368 and 1373, for the purpose of
participating in operations to combat international terrorism, hereafter referred
to as ``the Operations", has the honour to propose the following provisions.
While stationed on the territory of the Republic of Tadjikistan, the members of the
armed forces of the Kingdom of the Netherlands, who shall conform to the laws and
practices prevailing in the Republic of Tadjikistan, shall enjoy immunities from jurisdiction
and execution identical to those accorded to members of the administrative and technical
staff of diplomatic missions by the Vienna Convention on Diplomatic Relations of 18
April 1961.
Within the framework of operations undertaken from the territory of the Republic
of Tadjikistan, members of the armed forces of the Kingdom of the Netherlands are
authorised to enter the territory of the Republic of Tadjikistan when bearing their
military identity cards. The equipment and supplies needed for the execution of operations
by the armed forces of the Kingdom of the Netherlands shall be exempt from all fees
and duties both when entering and when leaving the territory of the Republic of Tadjikistan.
The Government of the Republic of Tadjikistan shall permit passage and navigation
over its territory and landing on its territory by aircraft of the armed forces of
the Kingdom of the Netherlands coming from abroad to be stationed on its territory.
The aircraft of the Kingdom of the Netherlands stationed on the territory of the Republic
of Tadjikistan and taking part in the Operations shall be permitted free passage over
the territory of the Republic of Tadjikistan for the entire period that they are stationed
on the territory of the Republic of Tadjikistan, in accordance with the f.ight corridors
agreed on in advance.
The Government of the Republic of Tadjikistan shall permit the members of the Kingdom
of the Netherlands to establish a command centre at a location to be determined in
advance by the Dutch and Tadjik armed forces. The armed forces of the Kingdom of the
Netherlands are authorised to maintain and operate an independent communications system
for purposes of the Operations; the frequencies to be used shall be allocated by the
Tadjik authorities. The armed forces of the Kingdom of the Netherlands may make use
of the radio spectrum free of charge.
The members of the armed forces of the Kingdom of the Netherlands shall remain under
Dutch command and are authorised to perform their duties in the uniform and with the
rank and insignia proper to the Dutch armed forces. The disciplinary procedures applicable
to the armed forces of the Kingdom of the Netherlands shall remain in effect.
The members of the armed forces of the Kingdom of the Netherlands are authorised
to operate motor vehicles on the territory of the Republic of Tadjikistan of the categories
that they are authorised to drive in the Netherlands.
The death of any member of the armed forces of the Kingdom of the Netherlands on
the territory of the Republic of Tadjikistan shall be reported to the authorities
with territorial competence. The representatives of the Netherlands may take possession
of the remains as soon as they have received permission from the authorities of the
Republic of Tadjikistan. The remains shall be transported in accordance with the legislation
in force in Tadjikistan.
The members of the armed forces of the Kingdom of the Netherlands are entitled, on
payment, to both civilian and military Tadjik medical care and to emergency evacuation
by military means subject to the same conditions as apply to the members of the armed
forces of the Republic of Tadjikistan.
The armed forces of the Kingdom of the Netherlands are authorised, for purposes of
the Operations, to possess arms and ammunition. The said arms and ammunition shall
be stored and guarded in accordance with the Dutch rules in force. The members of
the armed forces of the Kingdom of the Netherlands are authorised to carry arms for
the sole purpose of operations undertaken from the territory of the Republic of Tadjikistan.
Each Party shall provide compensation for any damage done to goods, civilians or
members of the armed forces of the other Party, including fatal injury, while personnel
and equipment of the armed forces of the Kingdom of the Netherlands are stationed
on the territory of the Republic of Tadjikistan.
Compensation for damage to third parties not resulting from an operational necessity
and caused by the armed forces of the Kingdom of the Netherlands shall be provided
by the Government of the Kingdom of the Netherlands. If judicial proceedings are instituted
in relation to such damage, the Government of the Republic of Tadjikistan shall take
the place of the Kingdom of the Netherlands for the purposes of those proceedings.
In such a case, the Government of the Kingdom of the Netherlands shall reimburse the
Republic of Tadjikistan for compensation paid for the damage, including legal costs.
At the request of the armed forces of the Kingdom of the Netherlands, the Government
of the Republic of Tadjikistan shall, in so far as it possesses the means to do so,
provide the logistical support needed for the Operations, comprising in particular
quarters, food supplies and local transport provided in return for payment.
Any dispute between the Parties regarding the application or interpretation of this
Agreement shall be resolved solely by means of negotiation between the Parties.
This Agreement shall have effect for a year after the date of its entry into force
and shall remain in effect until the receipt of written notification by one of the
Parties through diplomatic channels, 30 days prior to its expiry.
