EMBASSY OF FRANCE IN THE KINGDOM OF THE NETHERLANDS
The Hague, 4 August 2020
CE-2020-0286966
The Embassy of France in the Kingdom of the Netherlands presents its compliments to
Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to
refer to the Exchange of Notes constituting an Agreement between the Government of the French Republic, and the
Government of the Kingdom of the Netherlands, for Sint Maarten, on the legal status
of French armed forces and other French government bodies in the framework of the
aftermath of hurricane Irma, done at The Hague, on 30 January 2018.
In case a hurricane hits Saint-Martin/Sint Maarten, and taking into consideration
the serious sanitary crisis due to the COVID-19 which Saint-Martin/Sint Maarten and
the surrounding islands are facing, and the need, for the French forces and the Dutch
forces, to bring an emergency support and humanitarian assistance to the population
of Saint-Martin/Sint Maarten, the Embassy of France in the Kingdom of the Netherlands
has the honour to propose to the Government of the Kingdom of the Netherlands, for
Sint Maarten, to conclude a short-term agreement whereby French forces and Dutch forces,
in relation with the authorities of Saint-Martin/Sint Maarten, are granted permission
to enter and be present in Saint-Martin/Sint Maarten in case it is necessary to provide
an emergency support, notably sanitary, and humanitarian assistance to the population
of Saint-Martin/Sint Maarten.
The Embassy of France in the Kingdom of the Netherlands proposes that this Agreement
concerns the following:
For the French forces:
-
• the use of Philipsburg harbour as sea port of disembarkation (Sea Port of Disembarkation – SPOD);
-
• maritime operations, for French warships and other government ships operated for non-commercial
purposes, in the territorial waters of Sint Maarten, and access of the Dutch forces
on board these ships;
-
• air operations, for French aircrafts used in military, customs and police services,
in the airspace of Sint Maarten, and access of the Dutch forces on board these aircrafts;
-
• the use of Princess Juliana international airport as airport of disembarkation (Airport Of Disembarkation – APOD);
-
• the transit of French armed forces or government forces with their weapons, ammunitions
and equipment, including border-crossing, facilitated by escorts carried out by the
Police Force of Sint Maarten, through the territory of Sint Maarten to the border-crossing
point of Sint Maarten, or to any location where the emergency support or humanitarian
assistance shall be required from the French forces by the Dutch authorities;
For the Dutch forces:
-
• the use of Marigot harbour as sea port of disembarkation (Sea Port of Disembarkation – SPOD);
-
• maritime operations, for Dutch warships and other government ships operated for non-commercial
purposes, in the territorial waters of Saint-Martin and access of the French forces
on board these ships;
-
• air operations, for Dutch aircrafts used in military, customs and police services,
in the airspace of Saint-Martin, and access of the French forces on board these aircrafts;
-
• the use of Grand-Case international airport as airport of disembarkation (Airport Of Disembarkation – APOD);
-
• the transit of Dutch armed forces or government forces with their weapons, ammunitions
and equipment, including border-crossing, facilitated by escorts carried out by the
French national police or national gendarmerie, through the territory of Saint-Martin
to the border-crossing point of Saint-Martin, or to any location where the emergency
support or humanitarian assistance shall be required from the Dutch forces by the
French authorities.
The forces of each of the parties shall respect the legislation in force in the territory
in which they are located.
This note together with the affirmative note in reply do not have the effect of repealing
the agreements and arrangements previously concluded in the field of defence and security
between the Government of the French Republic and the Government of the Kingdom of
the Netherlands or their competent authorities, and in particular the framework technical
arrangement between the minister of Defence of the French Republic and the minister
of Defence the Kingdom of the Netherlands on regional military cooperation activities
in the Antilles and Guiana and in the Caribbean part of the Kingdom of the Netherlands,
signed in Fort-de-France on 2 April 2019 and in Curaçao on 24 April 2019, the stipulations
of which are applicable to operations carried out within the framework of this Agreement.
If the foregoing is acceptable to the Government of the Kingdom of the Netherlands,
the Government of the French Republic proposes that this Note together with the affirmative
Note in reply from the Government of the Kingdom of the Netherlands shall constitute
an Agreement between the Government of the French Republic and the Government of the
Kingdom of the Netherlands, for Sint Maarten, concluded in the French and English
languages, both versions being equally authentic. The Agreement shall enter into force
on the date of the Ministry of Foreign Affairs of the Kingdom of the Netherlands’s
Note in reply and shall remain in force for a period of one year. The Government of
the French Republic further proposes that the Agreement may be renewed by mutual written
agreement of the Parties.
The Embassy of France in the Kingdom of the Netherlands avails itself of this opportunity
to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the
assurances of its highest consideration.
Ministry of Foreign Affairs of the Kingdom of the Netherlands
