EMBASSY OF THE KINGDOM OF THE NETHERLANDS
Nicosia,
5 July 2024
No. 044
The Embassy of the Kingdom of the Netherlands presents its compliments to the Ministry
of Foreign Affairs of the Republic of Cyprus, and has the honour to refer to the Note
no. 06.24.001, 06.24.003.003, 03.13.007.004 dated 31 January 2024:
“The Ministry of Foreign Affairs of the Republic of Cyprus presents its compliments
to the Embassy of the Kingdom of the Netherlands, and in connection with emergency
evacuation operations to be conducted by the Kingdom of the Netherlands, via the territory
of the Republic -of Cyprus, when a danger to the life and health of citizens in the
Middle East area emerges as a consequence of the deteriorating crisis situation caused
by the ongoing hostilities in Gaza and Israel, would like to convey the following
provisions to govern the rights and responsibilities of the Republic of Cyprus and
the Kingdom of the Netherlands (the Parties) during these evacuation operations, including
during transit and stationing, in the territory of Cyprus:
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1. The Kingdom of the Netherlands (the Sending Party) shall have the right to evacuate
its citizens and any European Union citizen and their dependents, as well as, on the
basis of the Sending Party’s international commitments or humanitarian considerations,
any citizen of a third State and their dependents from the Middle East area, via the
territory of the Republic of Cyprus (the Host Party). The evacuees shall be the responsibility
of the Sending Party.
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2. The evacuation operations shall commence upon an official request by the Sending Party,
as soon as possible, and at least 24 hours, prior to the scheduled commencement, and
following confirmation by the Host Party. Such request shall include the necessary
information to facilitate the authorities of the Host Party in processing and implementing
the request, including details of transport means, composition of involved personnel,
including forces, of the Sending Party, expected number of evacuees and identification
data thereof, and evacuated cargo.
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3. The Sending Party shall ensure that all evacuees shall depart from the territory of
the Republic of Cyprus within 48 hours after their arrival, except in exceptional
circumstances requiring more time, after consultation between the Parties.
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4. The personnel and vessels, aircrafts and ground vehicles used by the forces of the
Sending Party shall be permitted to enter into the territory of the Republic of Cyprus
and shall enjoy the freedom of movement necessary to fulfill its tasks, as well as
the right to use designated ports, airports, public roads and other facilities, as
provided by the Host Party. The personnel of the Sending Party shall abide by the
laws and regulations of the Republic of Cyprus. Weapons and ammunition shall be kept
on the aircraft and vessels or in storage designated by the Host Party, and shall
only be transferred in the territory of the Republic of Cyprus upon the granting of
permission by the Host Party and in accordance with the legislation of the Republic
of Cyprus, including the escort of the Cyprus’ Police. Ammunition and weapons shall
be stored according to the legislation of the Host Party.
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5. The Host Party shall provide, at no cost, the Sending Party with public infrastructure
and public areas necessary to accommodate the personnel of the Sending Party and the
evacuees, including the necessary utility services for this infrastructure (water,
sanitary installations, electricity, communication means). The Host Party shall provide
the Sending Party during the stationing with other logistical assistance and other
support or medical services, as requested, against reimbursement by the Sending Party.
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6. The Sending Party shall have the right to exercise exclusive jurisdiction over its
personnel with respect to offences, including offences relating to its security, punishable
by the law of the Sending Party, but not by the law of the Host Party, as well as
in relation to misconduct of a solely disciplinary nature. The Sending Party shall
have the primary right to exercise criminal jurisdiction over its personnel in relation
to offences arising out of an act or omission done in the performance of official
duty and/or solely against the personnel, property or security of the Sending Party
or property of the personnel of the Sending Party.
The Host Party shall have the right to exercise exclusive criminal jurisdiction over
the personnel of the Sending Party with respect to offences, including offences relating
to the security of the Host Party, punishable by its law but not by the law of the
Sending Party. The Host Party shall have the primary right to exercise criminal jurisdiction
over the personnel of the Sending Party for any criminal offences other than those
referred to above.
The Parties shall provide mutual legal assistance with respect to matters arising
in connection to the above, in particular, in the conduct of inquiries and gathering
of evidence.
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7. Each Party shall waive all claims against the other Party, including in circumstances
where any personnel of the Parties is injured or killed, or property of the Parties
is lost, damaged or destroyed, during, or as a consequence, of the execution of activities
under the scope of the evacuation operations. This shall not apply to claims for loss
or damage caused by an act or omission of a member of a Party’s personnel done with
gross negligence or malicious intent. Determination concerning issues arising from
the above, including the extend of liability and compensation, shall be made by consultation
between the Parties.
Claims (other than contractual claims) arising out of damage caused by the personnel
of any Party to third parties in the performance of official duty shall be dealt with
in accordance with the laws and regulations of the Host Party. Each Party shall be
responsible for any compensation attributable to its personnel. The Parties shall
exert every effort to determine issues arising from the above, including the extent
of liability and compensation, by consultation. With regard to third party claims
(other than contractual claims) arising out of damage caused by the personnel of the
Sending Party not done in the performance of official duty, the Sending Party may
decide whether it will offer an ex gratia payment to the claimant on the basis of
a report prepared by the Host Party. Provided that nothing shall affect the jurisdiction
of the courts of the Host Party to entertain a civil action in accordance with the
laws and regulations of the Host Party.
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8. Information exchanged regarding the evacuation operations shall be protected and shall
be dealt with strictly on a bilateral basis, unless otherwise agreed.
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9. Any dispute regarding the interpretation or application of the above shall be resolved
through consultations between the Parties.
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10. The personnel of the Sending Party stationed in the territory of Cyprus prior to the
commencement of the evacuation operations for preparation purposes and those remaining
after the evacuation operation in anticipation of further such operations, shall be
governed by the aforementioned provisions, as applicable.
If the foregoing is acceptable by the Government of the Kingdom of the Netherlands,
the Ministry proposes that this Note and the Embassy’s reply thereto in similar terms
shall constitute an Agreement between the Government of the Republic of Cyprus and
the Government of the Kingdom of the Netherlands concerning emergency evacuation operations,
via the territory of the Republic of Cyprus, as a consequence of the deteriorating
crisis situation caused by the ongoing hostilities in Gaza and Israel, and shall only
apply with respect to evacuation operations conducted in connection with the aforementioned
situation. This Agreement shall enter into force upon receipt of the Embassy’s Note
Verbale in acceptance of the aforementioned, and may be terminated at any time by
either Party by written notification, via diplomatic channels, to this effect.
The Ministry further proposes, in due course and when time allows it, the initiation
of negotiations for the conclusion of a more comprehensive agreement on the evacuation
of civilians. This practice (i.e. conclusion of relevant agreements, instead of technical
arrangements and/or memoranda of cooperation) has been the practice of the Republic
of Cyprus since early 2020.
The Ministry of Foreign Affairs of the Republic of Cyprus avails itself of this opportunity
to renew to the Embassy of the Kingdom of the Netherlands the assurances of its highest
consideration.”
The Kingdom of the Netherlands proposes that this Note, together with the affirmative
Note in reply from the Ministry, shall constitute an Agreement (in the form of an
exchange of Notes) between the Kingdom of the Netherlands and the Republic of Cyprus,
which shall enter into force on the date of the Ministry’s Note in reply, which shall
remain in force for the duration of one year.
The Embassy of the Kingdom of the Netherlands avails itself of this opportunity to
express to the Ministry of Foreign Affairs of the Republic of Cyprus the assurances
of its highest consideration.
