Agreement between the Government of the Kingdom of the Netherlands and the Government
of the State of Israel regarding the status of their forces
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
The Government of the Kingdom of the Netherlands
and
the Government of the State of Israel (hereinafter referred to as “the Contracting
Parties”);
Recognizing the close relations and the strong bonds between the Contracting Parties,
which are rooted in historic ties of friendship and cooperation in many areas and
on many levels;
Reaffirming the importance of beneficial cooperation in military activities;
Desiring to define general terms which shall determine the status of the forces of
the Contracting Parties, while present in each other’s territory;
Article I. Definitions
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
For the purpose of this Agreement and its implementation:
-
1. “Sending State” means the State to which the visiting Personnel belongs;
-
2. “Receiving State” means the State which the Personnel of the Sending State is visiting;
-
3. “Personnel” means the military personnel of the armed forces of the Contracting Parties,
participating in, or connected to, the Military Activities, as well as accompanying
civilian personnel who are employees of the armed forces or of the Ministries of Defence,
excluding citizens or residents of the Receiving State;
-
4. “Military Activities” means any form of defence cooperation between the Contracting
Parties agreed upon by the appropriate authorities, taking place inside the territories
of the Contracting Parties, involving the Personnel of either or both of the Contracting
Parties.
This Agreement shall not prevent foreign military personnel forming an integral part
of a military unit of the Sending State from participating in Military Activities
in the Receiving State, subject to explicit approval of the Receiving State and relevant
arrangements between the appropriate authorities of the Contracting Parties.
Article II. Entry and exit requirements
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
-
2 The Sending State will communicate all necessary details regarding the Personnel,
equipment, weapons, vehicles, vessels, aircraft, and dangerous goods of the Sending
State prior to their arrival in the territory of the Receiving State as agreed between
the appropriate authorities of the Contracting Parties.
Article III. Discipline
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
The Sending State shall have the right to exercise exclusive disciplinary jurisdiction
over the Personnel of the Sending State in relation to offences that are of a disciplinary
nature.
Article IV. Laws and regulations of the Receiving State
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
-
1 The Personnel of the Sending State shall comply with the laws and regulations in force
in the Receiving State, shall refrain from any activity inconsistent with the spirit
of this Agreement and, in particular, shall refrain from any political activity in
the Receiving State. The officer in command of the Personnel of the Sending State
shall take the necessary measures to this effect.
-
2 If, at any time during the Military Activities, the Receiving State wishes to request
the removal from the Receiving State’s territory of a member of the Personnel of the
Sending State, the Receiving State shall present such request to the officer in command
of the Sending State’s Personnel, together with detailed reasoning for the request.
In the event that, following consultation with the officer in command of the Sending
State’s Personnel, the Receiving State reaffirms its request to remove the member
of the Sending State’s Personnel from its territory, the Sending State shall promptly
comply with that request by transferring the person concerned outside of the Receiving
State’s territory within a reasonable time period.
Article V. Jurisdiction
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
-
1 The Sending State shall have the primary right to exercise criminal jurisdiction over
the Personnel of the Sending State in relation to the following offences occurring
during a visit for the purposes of the Military Activities:
-
a) offences arising out of an act or omission done in the performance of official duty;
or,
-
b) offences solely against the property or security of the Sending State; or,
-
c) offences solely against the person or property of another member of the Personnel
of the Sending State.
Whenever the Sending State decides to exercise its primary jurisdiction in accordance
with this paragraph, the Receiving State shall refrain from exercising any criminal
jurisdiction over the Personnel of the Sending State involved in the offences.
-
2 In the event that the Sending State does not intend to exercise its primary right
to criminal jurisdiction as provided in paragraph 1 of this Article, the Sending State
shall notify the Receiving State as soon as practicable, and in writing, of its intention
to waive its primary right to exercise criminal jurisdiction. In such case, the Receiving
State may exercise its criminal jurisdiction.
-
3 The Receiving State shall have the primary right to exercise criminal jurisdiction
over the Personnel of the Sending State, located in the territory of the Receiving
State, solely with regards to offences arising out of acts or omissions which satisfy
all of the following conditions:
-
a) conducted by the Personnel of the Sending State within the territory of the Receiving
State or on board a vessel or aircraft registered in the Receiving State; and
-
b) conducted during a visit for the purposes of the Military Activities; and
-
c) not covered by paragraph 1 of this Article.
-
4 In the event that the Receiving State does not intend to exercise its primary right
to jurisdiction as provided in paragraph 3 above, the Receiving State shall notify
the Sending State as soon as practicable, and in writing, of its intention to waive
its primary right to exercise jurisdiction. In such case, the Sending State may exercise
its criminal jurisdiction. The authorities of the Receiving State, having the primary
right, shall give appropriate consideration to a request from the authorities of the
Sending State for a waiver of its right in cases where the Sending State considers
such waiver to be of particular importance.
-
5 The Contracting Parties shall provide mutual assistance with respect to matters arising
in connection to this Article, in particular, in the conduct of inquiries and gathering
of evidence, in accordance with applicable laws and regulations, and relevant treaties
between the Contracting Parties.
Article VI. Duties and taxes
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
-
1 The importation and exportation of materiel, supplies, equipment, property and services
by the Sending State, which are directly connected to the Military Activities, shall
be exempt from all duties, taxes and other charges. “Other charges” shall not include
charges which constitute payment for services required and received.
-
2 This exemption shall also apply to materiel, reasonable quantities of supplies and
equipment that remain in the Receiving State, as long as they remain in the ownership
of the Sending State and are destined for the use of the Sending State or joint use
of the Sending State and the Receiving State under this Agreement. All materiel, supplies
and equipment shall either be re-exported by the Sending State when they are no longer
required for the purposes of this Agreement, or be disposed of in coordination with
the relevant authorities of the Receiving State and in accordance with its laws and
regulations.
-
3 The Personnel of the Sending State shall be subject to the customs laws and regulations
of the Receiving State. In particular, the Receiving State shall have the right to
search the Personnel of the Sending State, to examine their luggage and vehicles,
and to seize articles, all in accordance with such laws and regulations.
Article VII. Arms, security and uniforms
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
-
1 The military Personnel of the Sending State may possess and carry arms and ammunition
in the territory of the Receiving State only during the execution of Military Activities,
and on the condition that they are authorised to do so by the Sending State’s laws
and regulations, and subject to any arrangements agreed upon with the authorities
of the Receiving State in advance.
Article VIII. Driving licences
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
-
1 The Receiving State shall accept as valid the national driving license issued by a
competent authority in the Sending State as long as the national driving license is
valid in the Sending State, and subject to restrictions included in such license,
subject to the laws and regulations of the Receiving State.
-
2 The use of these driving licenses shall be in accordance with the laws and regulations
of the Receiving State, including with regard to temporary suspensions as may be decided
by the competent authorities of the Receiving State, and for the period defined in
the laws and regulations of the Receiving State regarding recognition of foreign licenses.
Article IX. Claims and liability
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
-
1 The Contracting Parties waive all claims against each other for damage to or loss
of property owned by them and used by their armed forces under the scope of this Agreement
and for injury, including injury resulting in death, suffered by their Personnel,
arising out of official duties.
-
2 Paragraph 1 of this Article is not applicable to claims by the Contracting Parties
if the damage to or loss of property or injury, has been a result of intent to cause
damage to or loss of property or injury. The Contracting Parties shall mutually determine
whether there was intent to cause damage to or loss of property or injury. In that
case, they shall also mutually determine the costs related to the settlement of the
claim.
-
3 Claims arising out of damage to or loss of property or injury, caused to a Contracting
Party’s Personnel during or as a consequence of the performance of Military Activities
shall be settled amicably. In cases however, where a Contracting Party shall be required
to pay compensation to a member of the other Contracting Party’s Personnel, as a consequence
of a suit filed by that member in relation to this damage to or loss of property or
injury, the other Contracting Party shall reimburse that Contracting Party in full.
Such reimbursement shall include the costs and expenses of conducting the proceedings.
Reimbursement shall not take place in cases of intent to cause damage to or loss of
property or injury, as mutually determined by the Contracting Parties.
-
4 Third-party claims, other than contractual claims, for any damage to or loss of property
or injury, caused by Personnel of the Sending State or by Personnel of both Contracting
Parties during the execution of Military Activities, shall be settled by the Receiving
State, also on behalf of the Sending State, in accordance with the laws and regulations
of the Receiving State. Where such settlement is done on behalf of the Sending State,
the Receiving State shall consult with the Sending State prior to concluding such
settlement. Where the Sending State alone is responsible, the amount of compensation
awarded or adjudicated shall be shared in a proportion of 75 percent chargeable to
the Sending State and 25 percent chargeable to the Receiving State. Where it is not
possible to attribute damage specifically to one of the Contracting Parties or both,
the amount awarded or adjudicated shall be distributed equally between the Contracting
Parties, regardless of the extent of their respective share of responsibility. Costs
related to the settlement of any such claim shall be reimbursed by the Sending State
according to its share of the amount of compensation.
-
5 Third-party claims, other than contractual claims, for any damage to or loss of property
or injury, caused by Personnel of the Sending State outside of the performance of
Military Activities may be settled on an ex gratia basis by the Receiving State on behalf of the Sending State, after approval of the
Sending State. To this end, the Receiving State shall send a well-founded advice to
the Sending State. Settlement shall take place in accordance with the laws and regulations
of the Receiving State. Costs related to the settlement of any such claim shall be
reimbursed by the Sending State.
-
6 The Sending State shall verify with the owner/lessor of non-military motor vehicles,
made available to the Personnel of the Sending State, that these vehicles are adequately
insured in accordance with the laws and regulations of the Receiving State.
Article X. Security and protection of information
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
All information exchanged or generated between the Contracting Parties, in connection
with the Military Activities, shall be subject to relevant arrangements mutually agreed
upon between the Contracting Parties.
Article XI. Disclosure of information
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
Without derogating from Article XVI below, all publications regarding the activities of one of the Contracting Parties
or both of them in the context of Military Activities shall be approved in advance
by both Contracting Parties.
Article XII. Medical and dental support
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
-
2 The Personnel of the Sending State shall have access to first aid services during
the Military Activities to be provided by the Receiving State, under the same conditions,
equivalent to Personnel of the Receiving State.
-
3 In case of emergency, the Personnel of the Sending State shall receive medical and
dental care, including hospitalization, under the same conditions as the Personnel
of the Receiving State.
Article XIII. Non-extradition to third states
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
The Contracting Parties agree that Personnel of the Sending State present in the territory
of the Receiving State, or on board a vessel or aircraft registered in the Receiving
State, shall not, absent the express written consent of the Sending State, be extradited,
surrendered, or otherwise transferred by any means to the custody of any other State
for any purpose.
Article XIV. Search and rescue
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
The Receiving State shall have the overall responsibility for search and rescue activities
in the event of an accident, incident or emergency occurring within its territory
and/or within its Flight Information Region as defined in Chapter 1 of Annex II to the Convention on International Civil Aviation, signed on 7 December 1944, in connection with the Military Activities done under
this Agreement. All materiel and Personnel and/or representatives of the Sending State
shall be allowed to participate in any search and rescue activities connected to the
incident, subject to prior coordination with the appropriate authorities of the Receiving
State.
Article XV. Death in service
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
-
2 The authorities of the Sending State who are present in the Receiving State are authorised
to take charge of the repatriation of the body of a deceased member of the Personnel
of the Sending State, as well as his/her personal possessions, and may take appropriate
measures to this end. The Receiving State shall release the body to the Sending State
immediately upon the Sending State's request and without performing any autopsies.
Article XVI. Investigation of occurrences
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
-
1 In the event of an occurrence within the territory of one of the Contracting Parties
or its Flight Information Region as defined in Chapter 1 of Annex II to the Convention on International Civil Aviation, signed on 7 December 1944, in connection with the Military Activities done under
this Agreement, the safety investigation or command inquiry, as relevant, will be
conducted according to the laws and regulations of the Receiving State.
Article XVII. Environmental protection
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
The Personnel of the Sending State shall recognize and acknowledge the importance
of environmental protection in the context of their activities performed in the Receiving
State. The Personnel of the Sending State shall comply with the Receiving State’s
laws and regulations for the protection of the environment.
Article XVIII. Communications
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
-
1 Any installation of communication systems of the Personnel of the Sending State shall
be subject to authorization by the Receiving State and its applicable laws and regulations.
Construction, maintenance and use of these communication systems shall be done as
agreed between the appropriate authorities of the Contracting Parties.
-
2 Subject to the terms of the authorization of the appropriate authorities of the Receiving
State and in accordance with its applicable laws and regulations, the Sending State
may install and operate communication systems for the purposes of official communication.
The operation of these systems must not interfere with communication systems of the
Receiving State. The award procedure, change, withdrawal or restoration of frequencies
shall be determined by mutual agreement between the appropriate authorities of the
Contracting Parties.
Article XIX. Amendment
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
Either Contracting Party may at any time propose negotiations to amend the provisions
of this Agreement. The Amendments shall enter into force in accordance with the procedure
set forth in Article XXII, paragraph 1.
Article XX. Settlement of disputes
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
Unless agreed upon otherwise, any dispute regarding the interpretation, application
or implementation of this Agreement shall be settled amicably only through direct
negotiations between the appropriate authorities of the Contracting Parties without
recourse to any individual, national or international tribunal or to any other forum
for settlement.
Article XXI. Territorial application for the Kingdom of the Netherlands
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
With respect to the Kingdom of the Netherlands, this Agreement shall apply to the
European part of the Netherlands only.
Article XXII. Entry into force and termination
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
