Nr. I
[Regeling vervallen per 13-07-2024]
WORLD HEALTH ORGANIZATION
5 July 2023
WHOHQ-E50-87-21
Dear Ambassador,
I have the honour to refer to the holding of the second World Health Organization
(hereinafter referred to as “the Organization”) World Local Production Forum. The
Forum is being organized as a result of resolutions WHA74.6 on Strengthening Local
Production of Medicines and Other Health Technologies to Improve Access, which requested
the Director-General of the Organization, inter alia, to continue to support Member
States in promoting quality and sustainable local production and establish new global
platforms to promote transfer of technology and local production, and WHA73.1 on COVID-19
response, which calls for rapid scaling up of manufacturing and ensuring equitable,
and timely access to quality-assured COVID-19 medical products.
I have the honour to enquire whether the Government of the Kingdom of the Netherlands
(hereinafter referred to as the “Government”) would wish to host this event and, if
so, whether the Government could agree with the following:
Article I. – Definitions
[Regeling vervallen per 13-07-2024]
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2 Convention on the Privileges and Immunities means the Convention on the Privileges and Immunities of the Specialized Agencies, adopted by the General Assembly of the United Nations on 21 November 1947, and Annex VII thereof, adopted by the First World Health Assembly on 17 July 1948 and last amended
by the Eleventh World Health Assembly (resolution WHA 11.30) to represent the third
revised text of Annex VII, to which the Kingdom of the Netherlands acceded on 18 March
1965;
Article II. – Date and Venue
[Regeling vervallen per 13-07-2024]
The Forum shall be held in The Hague, the Netherlands, from November 6 to 8, 2023
at the invitation of the Government.
Article III. – Obligations of the Parties
[Regeling vervallen per 13-07-2024]
Article IV. – Premises, Equipment, Facilities, Services and Local Staff
[Regeling vervallen per 13-07-2024]
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1 The Government shall make available to the Organization, free-of-charge, premises,
including suitably equipped offices for the Organization, furniture, equipment, services,
appropriate infrastructure, and local staff, necessary for the holding of the Forum.
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4 The Government shall make available to the Organization a secured area for the period
of the Forum, as may be the case, to store equipment and material that should be shipped
to the seat of the Organization.
Article V. – Participants
[Regeling vervallen per 13-07-2024]
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2 The Government shall provide all the necessary facilities for the entry to and exit
from the Kingdom of the Netherlands to all participants mentioned above or who are
performing activities connected with the Forum. Where visas are necessary, the Government
shall assist the relevant competent authorities to issue visas in a timely fashion.
Article VI. – Legal Status, Privileges and Immunities
[Regeling vervallen per 13-07-2024]
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3 Representatives of intergovernmental agencies and any other persons invited by the
Organization to attend the Forum in an official capacity, shall, while attending the
Forum, enjoy immunity from legal process in respect of words spoken or written and
all acts performed by them in their official capacity.
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4 This Article is without prejudice to the privileges and immunities that the Kingdom
of the Netherlands may have to apply to representatives of States and of the United
Nations, the Specialized Agencies and other intergovernmental agencies in compliance
with relevant international agreements to which the Kingdom of the Netherlands is
a party.
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5 Without prejudice to the foregoing, the Government shall, in addition, also grant
the privileges, immunities and facilities set out in Articles VIII, IX, XI, XII, XIII and XIV below.
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6 Nothing in or relating to this Agreement shall be deemed a waiver of any of the privileges
and immunities of the Organization in conformity with the Convention on the Privileges and Immunities or otherwise under any national or international law, convention or agreement. Privileges
and immunities are granted to officials of the Organization in the interest of the
Organization, and not for their personal benefit. Such immunity does not exempt officials
of the Organization from the duty to observe the laws and regulations of the host
country, including traffic regulations. The Director-General of WHO may waive the
immunity of any official of the Organization in any case where the Director-General
of WHO considers that the immunity would impede the course of justice and can be waived
without prejudice to the interests of the Organization.
Article VII. – Accommodation
[Regeling vervallen per 13-07-2024]
The Government shall propose accommodations in the proximity of the conference centre,
but is not responsible for the payment of accommodation for persons participating
in or attending the Forum.
Article VIII. – Local Transport and Banking Facilities
[Regeling vervallen per 13-07-2024]
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2 The Government shall take the necessary steps in order to ensure that a special reception
desk at Amsterdam Schiphol Airport will be set up to welcome all persons who are participating
in an official capacity in the Forum, upon arrival. The Government shall offer free-of-charge
service of facilitating transportation of high ranking officials to the suggested
hotels in Hague at specific dates and timeframes, as well as back to the airport on
departure. The Government shall, in addition, set up a reception desk at the Forum
to further provide guidance to all persons who are participating in an official capacity
on local transportation.
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3 The Government shall make available to the Organization, free-of-charge and for the
duration of the Forum, vehicles and staff necessary for the local transportation of
delegates and Officials of the Organization equipment, materials and documents, as
required in connection with the Forum.
Article IX. – Communication Facilities
[Regeling vervallen per 13-07-2024]
Article X. – Local Personnel
[Regeling vervallen per 13-07-2024]
The Government shall provide, at its expense, for the assistance of the Organization,
the personnel required for the smooth conduct of the Forum, such as, but not limited
to, security staff, ushers, messengers, drivers, clerks, technicians (IT, audio visual
equipment, telephone), cleaners, porters, documents reproduction and distribution
staff, reception and registration staff, media staff, and other personnel required.
Article XI. – Medical Facilities
[Regeling vervallen per 13-07-2024]
Article XII. – Privileged Importation and Exportation of Equipment by the Organization
[Regeling vervallen per 13-07-2024]
For the purpose of this Agreement, the Government shall apply the provisions of the
Convention on the Privileges and Immunities and in particular Sections 4, 6, 9 and 10 of Article III, in respect of equipment that is reasonably required to be imported into, and exported
from, the Kingdom of the Government, by the Organization for the purpose of the Forum.
In particular, the Government, through the Dutch Customs Office, shall allow the temporary
importation, and exportation, tax-free and duty-free, of all equipment that is required
by the Organization for the Forum, under the provisions of the Convention on the Privileges
and Immunities, and shall waive import and export duties and taxes on supplies the
Organization deems necessary for the Forum. Such temporary importation and exportation
and the issuance of the necessary permits shall be in accordance with the processes
and procedure applicable in the Netherlands. The Government shall facilitate the issuance
without delay of any necessary import and export permits for this purpose.
Article XIII. – Inviolability and Protection of the Premises Placed at the Disposal
of the Organization
[Regeling vervallen per 13-07-2024]
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1 The Government shall ensure that the premises placed at the disposal of the Organization
in connection with the Forum shall, throughout the period they are being used by the
Organization, be considered as the premises of the Organization and shall thereby
enjoy the benefits of inviolability referred to in Article III Section 5 of the Convention on the Privileges and Immunities. The authorities of the Government shall not enter these premises without the consent
of the Organization. The consent of the Organization may however be assumed in case
of fire or other disaster requiring prompt protective action.
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3 The Government shall take appropriate measures to ensure that the premises placed
at the disposal of the Organization are not disturbed by the entry of unauthorized
persons or groups of persons, by disorder or by unreasonable noise in the immediate
vicinity thereof. To this end, the Government shall, as necessary, provide security
officers at the premises of the Organization and take any other measure deemed by
it to be necessary.
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4 At the request of the Organization, the Government shall provide the necessary security
officers to give assistance for maintaining order, if the need arises, within the
premises placed at the disposal of the Organization, and to expel any person who may
disturb it and to provide general security services within the premises.
Article XIV. – Foreign Exchange
[Regeling vervallen per 13-07-2024]
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1 Without prejudice to the provision of Section 7 of Article III of the Convention on the Privileges and Immunities, the Organization may, through its official banks, transfer funds to the Kingdom
of the Government in the amounts required to cover its expenses for the purpose of
the Forum, and transfer out of the Kingdom of the Government any balance of funds
of the Organization not utilized in the course of the Forum.
Article XV. – Damages and Accidents
[Regeling vervallen per 13-07-2024]
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1 The respective responsibilities of the Government and of the Organization concerning
damage and accidents that may be caused to the premises or to the fixtures, furniture
and equipment placed at the disposal of the Organization or accidents or injuries
which may be sustained by persons in connection with the holding of the Forum shall
be as follows:
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a) The Government shall assume full responsibility and shall hold the Organization and
its officials harmless for claims arising out of the official conduct of the Officials
of the Organization while they are in the Kingdom of the Netherlands for the purpose
of the Forum under this Agreement;
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b) Sub-paragraph (a) shall not apply if that liability results from gross negligence
or wilful misconduct on the part of the Officials of the Organization.
Article XVI. – Settlement of disputes
[Regeling vervallen per 13-07-2024]
Any dispute relating to the interpretation or application of this Agreement shall,
unless amicably settled, be subject to conciliation. In the event of failure of the
latter, the dispute shall be settled by arbitration. The arbitration shall be conducted
in accordance with the modalities to be agreed upon by the Government and the Organization,
or in the absence of agreement, in accordance with the UNCITRAL Arbitration Rules
applicable on the date of signature of this Agreement. The Government and the Organization
shall accept the arbitral award as final.
Article XVII. – Coordination between the Parties
[Regeling vervallen per 13-07-2024]
The Government shall appoint a local organizing committee. The Government and the
Organization shall each appoint senior officers to coordinate their activities in
order to ensure the smooth preparation and running of the Forum.
Article XVIII. – Final Provisions
[Regeling vervallen per 13-07-2024]
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1 The Organization may postpone or change the venue and/or timing of the Forum upon
consultation with the Government if the security phase determined by the United Nations
Department of Safety and Security increases from the security rating at the time of
signature of the Agreement and prior to the opening of the Forum. If the Organization
chooses to exercise this right, the Organization shall be released from any and all
commitments related to the postponed and/or changed meeting or meetings under this
Agreement and the Parties shall immediately consult with a view to limiting and equitably
distributing reasonable costs associated with such a decision. In the event of such
an increase in the security rating, and if the Organization does not postpone or change
the venue of the Forum, any additional costs incurred by the Organization for measures
deemed by the Parties in consultation to be necessary, shall be borne by the Government.
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2 Any notice or request required or permitted to be given or made under this Agreement
shall be in writing and shall be delivered by hand, mail or email to the entity to
which it is required to be given or made at the address specified below or such other
address as will be hereafter notified. Any such communication shall be deemed to have
been given or made on the date it was hand delivered, registered or transmitted from
the sender’s email operator, but any assumption of the actual notice shall be subject
to rebuttal to show that it has not actually been received.
If the foregoing is acceptable to the Government, I have the honour to propose that
this letter and the Government’s letter in reply shall constitute an Agreement between
the Kingdom of the Netherlands and the World Health Organization concerning the holding
of the second WHO World Local Production Forum in The Hague, the Netherlands from
6 – 8 November 2023.
This Agreement shall enter into force on the date of the Government’s letter in reply
and shall remain in force for the duration of the Forum and for a period thereafter
as is necessary for all matters relating to any of its provisions to be settled. The
total duration of this Agreement however shall not exceed one year.
Please accept, Dear Ambassador, the assurances of my highest consideration.
Yours faithfully,
YUKIKO NAKATANI
Assistant Director General
Access to Medicines and Health Products
H.E. Mr. Paul BEKKERS
Ambassador
Permanent Representative of the Kingdom of the Netherlands to the United Nations Office
and other International Organizations at Geneva