UNITED NATIONS ENVIRONMENT PROGRAMME
2 October 2023
Reference: EO/2023/
The United Nations Environment Programme (hereinafter referred to as “UNEP”) presents
its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands
and has the honour to refer to its acceptance of the invitation of the Government
of Aruba (hereinafter referred to as the “Government”) to hold the Twentieth Intergovernmental
meeting on the Action Plan for the Caribbean Environment Programme (IGM20) and the
Seventeenth Conference of Parties to the Convention for the Protection and Development
of the Marine Environment of the Wider Caribbean Region (COP17; the “Cartagena Convention”)
in Aruba from 3 – 6 October 2023, (the “Meeting”).
UNEP has the honor to transmit to the Government the following arrangements for the
hosting of the Meeting:
Date and place of the Meeting
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1. The Meeting shall be held at the Renaissance Convention Center in Oranjestad, Aruba,
from 3 October 2023 to 5 October 2023, and in the ballroom of the Hilton Caribbean
Resort & Casino on 6 October 2023.
Attendance at the Meeting
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2. The participants of the Meeting (the “Participants”) shall be invited by the Executive
Secretary of the Secretariat of the Cartagena Convention, and will include:
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a) Representatives or their designated representatives of the Member States and Territories
participating in the Caribbean Environment Programme and the Commission of the European
Union.
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b) Representatives of other States that have demonstrated concern for the protection
of the marine environment of the Wider Caribbean Region;
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c) Representatives of Member States of the United Nations participating or interested
in the Assessment and Management of the Environmental Pollution Sub-Programme;
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d) Representatives of the United Nations, its intergovernmental organs, and its specialized
and related agencies participating or interested in the Assessment and Management
of the Environmental Pollution Sub-Programme;
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e) Selected regional and international experts on land-based sources of marine pollution
and Members of selected non-governmental and other intergovernmental organizations;
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f) UNEP staff members (officials and experts on mission); and
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g) Other persons and/or organizations, donors and the private sector.
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3. In addition, the Executive Secretary of UNEP CAR/RCU, shall designate officials to
service the Meeting (“UNEP CAR/RCU designated officials”).
Premises, equipment, utilities, and supplies
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4. The Government shall provide, at its own expense, the necessary premises, including
conference rooms, office space, and related facilities to this Agreement (the “Premises”).
The Government shall, at its own expense, furnish, equip, and maintain in good repair
the Premises for the effective conduct of the Meeting. The conference rooms shall
be equipped with WIFI. The Premises shall remain available to UNEP 12 hours a day,
from at least one day before the Meeting until closing of the conference.
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5. The Government shall provide the equipment for reciprocal simultaneous interpretation
between three languages. The conference rooms shall have facilities for sound recording
in that number of languages and for press, television, radio, and film operations,
to the extent required by the United Nations.
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6. The Government shall provide on the Premises, a business centre equipped, as well
as appropriate eating facilities, for the use of Participants on a commercial basis.
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7. For the purpose of the Meeting, the Premises shall be deemed to constitute premises
of the United Nations in the sense of Article II, Section 3, of the Convention on the Privileges and Immunities of the United
Nations, and access thereto will be subject to UNEP authority and control. The Premises,
including any information and communications facilities located thereon, will be inviolable
for the whole period during which the Premises are at the UNEP CAR/RCU’s disposal.
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8. The Government, at its own expense, shall make arrangements for hospitality including
tea and coffee breaks and a host reception during the period of the Meeting, for Participants.
Travel, Accommodation, and Interpretation
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9. The Government shall cover the costs through the financial contribution of the Government
of the Netherlands granted on 1 August 2023 of the travel and accommodation of representatives
of invited Parties attending the meeting.
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10. The Government shall cover the costs through the financial contribution of the Government
of the Netherlands granted on 1 August 2023 in support of meeting requirements and
supporting services.
Medical facilities
Transport
Police protection
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13. The Government shall furnish at its own expense such police protection as may be required
to ensure the efficient functioning of the Meeting in an atmosphere of security and
tranquillity free from interference of any kind. While such police services shall
be under the direct supervision and control of a senior officer to be provided by
the Government, this officer will work in close cooperation with a designated official
of UNEP CAR/RCU.
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14. Security arrangements provided through such police services shall satisfy the security
standards as applicable in Aruba.
Local personnel
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15. The Government shall appoint a liaison officer who shall be responsible, in consultation
with UNEP, for making and carrying out the administrative, communications, personnel
and logistical arrangements for the Meeting and related events as required under this
Agreement. The liaison officer shall lead a coordination team consisting of personnel
provided by the Government, who shall work closely with UNEP CAR/RCU designated officials.
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16. The Government, at its own expense shall provide local support personnel necessary
for the effective functioning of the Meeting, in close collaboration with UNEP designated
officials. Some of these personnel will be available at least 2 days before the opening
of the Meeting and until closing of the conference.
Financial arrangements
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17. The Government, in addition to the financial obligations provided for elsewhere in
this Agreement, shall, in accordance with General Assembly resolution 31/140, section
I, paragraph 5, bear the actual additional costs directly or indirectly involved in
holding the Meeting in Aruba rather than at Nairobi. Such costs, which are provisionally
estimated at $US 381,450, shall include, but not be restricted to, the actual additional
costs of travel and staff entitlements of UNEP members (including designated officials),
for the Meeting and for a planning mission. UNEP shall make the arrangements for the
travel of UNEP members in accordance with the UN Staff Regulations and Rules and its
related administrative practices regarding travel standard, baggage allowances, subsistence
payments and terminal expenses.
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18. The Government has deposited to the credit of the UNEP Cartagena Convention Trust
Fund Account the sum of $US 381,450, representing the total estimated costs referred
to in paragraph 17. If necessary, the Government shall make further advances as requested
by UNEP so that the latter shall not at any time have to finance temporarily from
its cash resources the extra costs that are the Government’s responsibility. The Government’s
deposit and any advances shall be used only to pay the obligations of UNEP in respect
of the Meeting.
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19. Within three months after the Meeting, UNEP shall give the Government a detailed set
of accounts showing the actual additional costs incurred by UNEP and to be borne by
the Government pursuant to paragraph 18. These costs shall be expressed in United
States dollars, using the United Nations official rate of exchange at the time the
payments are made. UNEP, based on this detailed set of accounts, shall refund to the
Government any funds unspent out of the deposit or the advances required by paragraph
17. Should the actual additional costs exceed the deposit, the Government shall remit
the outstanding balance within one month of the receipt of the detailed accounts.
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20. The final accounts shall be subject to audit as provided in the Financial Regulations
and Rules of the UN, and the final adjustment of accounts will be subject to any observations
which may arise from the audit carried out by the United Nations Board of Auditors,
whose determination will be accepted as final by UNEP CAR/RCU and the Government of
the Netherlands.
Liability
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21. The Government shall be responsible for dealing with any action, claim or other demand
against the United Nations, UNEP or its members arising out of:
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a) Injury to persons or damage to or loss of property in the Premises; and
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b) Injury to persons or damage to or loss of property caused by, or incurred in using,
any transport services that are provided for the Meeting by or under the control of
the Government; and
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c) The employment for the Meeting of the personnel provided by the Government under paragraphs
15 and 16.
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22. The Government shall indemnify and hold harmless the United Nations, UNEP, and any
of its members in respect of any such action, claim or other demand, except where
the Government and the Secretary-General of the United Nations agree that such action,
claim, or other demand arises from the gross negligence or wilful misconduct of UNEP
members.
Privileges and immunities
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23. The Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly on 13 February 1946, to which the Kingdom of the
Netherlands is a party, shall be applicable in respect of the Meeting. In particular,
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a) Representatives of States shall enjoy the privileges and immunities provided under
Article IV of the Convention;
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b) Officials of the United Nations, including UNEP, participating in, or performing functions
in connection with the Meeting shall enjoy the privileges and immunities provided
under Articles V and VII of the Convention; and
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c) All other Participants shall enjoy the privileges and immunities accorded to experts
on mission for the United Nations under Articles VI and VII of the Convention.
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24. The Representatives of the specialized and related agencies of the United Nations
shall, as appropriate, enjoy the privileges and immunities provided by the Convention on the Privileges and Immunities of the Specialized Agencies, adopted by the General Assembly on 21 November 1947, or the Agreement on the Privileges and Immunities of the International Atomic Energy Agency of 1 July 1959.
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25. Without prejudice to the preceding paragraphs, all Participants shall enjoy such privileges
and immunities, facilities, and courtesies as are necessary for the independent exercise
of their functions in connection with the Meeting.
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26. Personnel provided for the Meeting by the Government pursuant to this Agreement shall
enjoy immunity from legal process in respect of words spoken or written and any act
performed by them in their official capacity in connection with the Meeting.
Right of entry and exit
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27. All Participants and UNEP designated officials shall have the right of unimpeded entry
into and exit from Aruba, provided that the conditions governing the entry are fulfilled.
Visas, entry and exit permits, where required, shall be granted free of charge and
as speedily as possible, provided that visa applicant information is received within
a reasonable time to process them. When related applications are made four weeks before
the opening of the Meeting, visas shall be granted not later than two weeks before
the date of the Meeting’s opening. If related applications are made less than four
weeks before the opening of the Meeting, the visa shall be granted as speedily as
possible. The Government, however, reserves the right to deny, irrespective of nationality,
visas to individual participants in accordance with the rules and regulations applicable.
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28. The Government shall provide a letter to support visa and permit applications for
all Participants and UNEP designated officials. All participants and UNEP designated
officials are responsible to ensure visa applications are submitted fifteen business
days before the opening of the Meeting. The UNEP Secretariat shall communicate a list
of visa applicants to the Government in order to be able to follow up internally and
grant visas, where possible, and within reasonable time if the application was submitted
timely.
Import and export
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29. Pursuant to Article II, Section 7, of the Convention on the Privileges and Immunities of the United
Nations, the Government shall allow, free of prohibitions and restrictions, the temporary
importation and exportation of all documents, publications, and equipment, including
technical equipment accompanying interpreters and/or representatives of information
media. The Government shall waive any import or other duties and taxes on equipment
and supplies required for the Meeting and shall issue without delay any necessary
import and export permits for this purpose.
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30. All persons referred to in paragraphs 2 and 3 of this Agreement shall have the right
to take out of Aruba at the time of their departure, without any restriction, any
unexpended portions of the funds they brought into Aruba in connection with the Meeting.
Settlement of disputes
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31. Any dispute concerning the interpretation or the application of this Agreement, except
for a dispute subject to Section 30 of the Convention on the Privileges and Immunities of the United Nations or of any other applicable agreement, shall, unless the Parties otherwise agree,
be resolved by negotiations or any other agreed mode of settlement. Any such dispute
that is not so settled shall be submitted at the request of a Party for a final decision
to a tribunal of three arbitrators, one who shall be appointed by the Secretary-General
of the United Nations; one by the Government; and the third, who will be the Chairman,
by the other two arbitrators.
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32. If one Party does not appoint an arbitrator within three months of the other Party
having notified the name of its arbitrator, or if the first two arbitrators do not
within three months of the appointment or nomination of the second one of them appoint
a Chairman, then such arbitrator shall be nominated by the President of the International
Court of Justice at the request of a Party to the dispute. Except as otherwise agreed
by the Parties, the tribunal shall adopt its own rules of procedure, provide for the
reimbursement of its members and the distribution of expenses between the Parties,
and take all decisions by a two-thirds majority. Its decision on all questions of
procedure and substance shall be final and, even if rendered in default of one of
the Parties, be binding on all of them.
Final provisions
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33. This Agreement may be modified by written agreement of the Parties. Any relevant matter
for which no provision is made in this Agreement shall be settled by the Parties in
keeping with the relevant resolutions and decisions of the appropriate organs of the
United Nations. Each Party shall give full and sympathetic consideration to any proposal
advanced by the other Party under this paragraph.
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34. The Annex to this Agreement constitutes a part of this Agreement.
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35. This Agreement shall enter into force on the day of its signature and shall remain
in force for the duration of the Meeting and until all obligations under the Agreement
are fulfilled. The total duration of the Agreement shall not exceed one year.
If the foregoing is acceptable to the Government, this Note and the Ministry’s Note
in reply shall constitute an Agreement between the Kingdom of the Netherlands and
UNEP concerning the holding of the Meeting.
UNITED NATIONS ENVIRONMENT PROGRAMME
Enclosure:
Annex 1: Meeting Cost Estimates for the Government and the Government of the Netherlands
Ministry of Foreign Affairs of the Kingdom of the Netherlands
The Hague
