Minister van Buitenlandse Zaken
The Hague, 13 February 2007
Dear Mr Secretary-General,
I have the honour to refer to the discussions between the Ministry and NATO Airborne
Early Warning and Control Programme Management Agency (NAPMA) regarding employment
opportunities of members of the families forming part of the household of the officials
of NAPMA.
In view of these discussions I have the honour to propose the following provisions:
Members of the family forming part of the household of all categories of officials
in the service of NAPMA shall be authorised to engage in gainful employment in the
Netherlands for the duration of the term of office of the officials concerned.
The following persons are members of the family forming part of the household in the
sense of Article 1:
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a) the spouses or registered partners of officials in the service of NAPMA;
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b) children of officials in the service of NAPMA who are under the age of 18;
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c) children of officials in the service of NAPMA who are aged 18 or over, but not older
than 27, provided that they formed part of the official’s household prior to their
first entry into the Netherlands and still form part of this household, and that they
are unmarried, financially dependent on the official concerned and are attending fulltime
education in the Netherlands;
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d) children of officials in the service of NAPMA who are aged 18 or over, but not older
than 23; they shall also be recognized as members of the family forming part of the
household if they are not studying as long as they are unmarried and financially dependent
on the official concerned.
Persons mentioned in Article 2 who obtain gainful employment shall enjoy no immunity
from criminal, civil or administrative jurisdiction with respect to matters arising
in the course of or in connection with such employment. However, any measures of execution
shall be taken without infringing the inviolability of their person or of their residence,
if they are entitled to such inviolability.
In case of the insolvency of a person aged under 18 with respect to a claim arising
out of a gainful employment of that person, the immunity of the official in the service
of NAPMA of whose family the person concerned is a member shall be waived for the
purpose of settlement of the claim, in accordance with the provisions of the applicable
NAPMA agreements.
The employment referred to in Article 1 shall be in accordance with Netherlands legislation,
including fiscal and social security legislation, unless any other applicable international
legal instrument provides otherwise.
I have the honour to propose that if the provisions set forth above are acceptable
to you the present letter and your affirmative reply constitute an Agreement between
the Kingdom of the Netherlands and the North Atlantic Treaty Organisation with regard
to the privileges and immuni-ties of NAPMA in the Netherlands, which shall enter into
force on the date of receipt of your reply.
Please accept, Sir, the assurances of my highest consideration.
BERNARD BOT
Minister of Foreign Affairs
of the Kingdom of the Netherlands
North Atlantic Treaty Organisation
Att: the Secretary General, Mr De Hoop Scheffer
Blvd. Leopold III
1110 Brussels
Belgium
