Verdrag tussen de regering van het Koninkrijk der Nederlanden en de regering van het Hasjemitisch Koninkrijk Jordanië inzake de status van personeel van hun Ministeries van Defensie aanwezig op elkaars grondgebied in het kader van defensiesamenwerking
For the purpose of this Agreement and its implementation:
1.The term “Sending State” means the State to which the visiting Personnel belongs.
2.The term “Receiving State” means the State which the Personnel of the Sending State is visiting.
3.The term “Personnel” means the military personnel of the armed forces of the 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. 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 competent authorities of the Receiving State and relevant arrangements between the competent authorities of the Parties.
4.The term “Military Activities” means any form of defence cooperation between the Parties agreed upon by the competent authorities, taking place inside the territories of the Parties, involving the Personnel of either or both of the Parties.
1The Receiving State shall allow the Personnel of the Sending State entry into and exit from the territory of the Receiving State, in accordance with its laws and regulations:
a)with their valid national passports, or other identification documents as recognized by the Receiving State;
b)and if applicable, exempt from visa and related fees.
2The Receiving State shall have the right to deny entry of Personnel of the Sending State into its territory, and/or to request withdrawal of Personnel of the Sending State from its territory. The competent authorities of the Receiving State shall present such request to the officer in command of the Personnel of the Sending State, together with detailed reasoning for the request. In the event that, following consultation with this officer in command, the Receiving State reaffirms its request to remove a member of the Personnel of the Sending State from its territory, the Sending State shall promptly comply with that request by transferring the member concerned outside of the Receiving State’s territory within a reasonable period of time. The name of the officer in command shall be communicated prior to the arrival of the Personnel of the Sending State.
3Subject to the laws and regulations of the Receiving State, the Personnel of the Sending State may, for Military Activities associated with this Agreement, access premises of the Receiving State (such as military bases and similar areas), provided they have prior approval of the competent authorities of the Receiving State and provided they can present valid identification documents and/or other access documents, as required by the Receiving State. The competent authorities of the Receiving State shall, upon request, inform in advance the Personnel of the Sending State about any requirements. The competent authorities of the Receiving State shall retain the right to deny access to the Personnel of the Sending State to its premises.
4The authorities of the Receiving State shall make a point of contact available who can be asked for information and/or advice.
1The Personnel of the Sending State, while present on the territory of the Receiving State in the framework of Military Activities executed under this Agreement, shall respect the laws and regulations of the Receiving State and shall refrain from any activity inconsistent with the spirit of this Agreement and, in particular, 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 that end.
2The authorities of the Receiving State shall have no disciplinary authority over the Personnel of the Sending State. This Personnel shall remain subject to the national military disciplinary legislation of the Sending State, executed by the officer in command of that Personnel.
3The Sending State shall have the primary right to exercise criminal jurisdiction over its Personnel in relation to the following offences:
a)when the offence has been committed against the security or property of the Sending State, or;
b)when the offence arises out of acts or omissions done in the performance of official duty, or;
c)when the offence has solely been committed against the person or property of another member of the Personnel of the Sending State.
4In the event that the authorities of the Receiving State take into custody any member of the Personnel of the Sending State for offences for which the Sending State has the primary right to exercise criminal jurisdiction, as stipulated in paragraph 3 of this Article, they shall immediately hand over such custody to the officer in command of the Personnel of the Sending State and shall send without delay a written report on the matter to this officer.
5In the event that the Sending State does not intend to exercise its primary right to criminal jurisdiction as provided for in paragraph 3 of this Article, its competent authorities shall notify the competent authorities of the Receiving State as soon as practicable, and in writing, of the intention to waive the primary right to exercise criminal jurisdiction. In such case, the Receiving State may exercise criminal jurisdiction.
6The 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 regard 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 of a vessel or an 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 3 of this Article.
7In the event that the Receiving State does not intend to exercise its primary right to criminal jurisdiction as provided for in paragraph 6 of this Article, its competent authorities shall notify the competent authorities of the Sending State as soon as practicable, and in writing, of the intention to waive the primary right to exercise criminal jurisdiction. In such case, the Sending State may exercise criminal jurisdiction.
8The authorities of the State having the primary right to exercise criminal jurisdiction shall give sympathetic consideration to a request from the authorities of the other State for a waiver of its right in cases where that other State considers such waiver to be of particular importance.
9If so requested by the competent authorities of the Receiving State, the competent authorities of the Sending State shall, subject to its laws and regulations, inform these authorities of the Receiving State of the status of any criminal proceeding regarding offences directly affecting the interests of the Receiving State and/or its nationals, committed in the territory of the Receiving State by members of the Personnel of the Sending State, including the disposition of the investigations or prosecution.
10A death sentence shall not be imposed by the authorities of the Receiving State.
11The competent authorities of the Receiving and Sending State shall assist each other in the carrying out of all necessary investigations into offences, and in the collection and production of evidence, including the seizure and, in proper cases, the handing over of objects connected with an offence. The handing over of such objects may, however, be made subject to their return within the time specified by the authority delivering them.
1In respect of materiel, equipment, and supplies imported into or exported from the Receiving State by the Sending State in connection with this Agreement and in respect of provisions and other goods (such as baggage and personal effects) for the exclusive use of Personnel of the Sending State imported into or exported from the territory of the Receiving State in connection with this Agreement, the laws and regulations of the Receiving State and – where applicable – of the Sending State shall apply.
2The Sending State may import into the territory of the Receiving State in accordance with the laws and regulations of the Receiving State and exempt from duties, taxes or other charges, materiel, equipment and supplies in connection with this Agreement and reasonable quantities of provisions and other goods (such as baggage and personal effects) for the exclusive use of the Personnel of the Sending State. The limitations and requirements regarding the importation of goods and supplies under the laws and regulations of the Receiving State remain in effect. “Other charges” shall not include charges which constitute payment for services required and received.
3The competent authorities of the Sending State shall communicate all necessary details regarding its Personnel, as well as its materiel (such as vehicles, vessels, aircraft, and arms, including ammunition and/or combat equipment), supplies, equipment and dangerous goods, prior to their arrival in the territory of the Receiving State, in a manner as agreed between the competent authorities of the Parties. The competent authorities of the Sending State will give favourable consideration to a request of the competent authorities of the Receiving State for (additional) information.
4The items that have been imported under paragraph 2, may be re-exported freely in accordance with the laws and regulations of the Receiving State. They shall not be disposed of in the Receiving State by way of either commercial activity or gift. However, in particular cases disposal may be authorized on conditions imposed by the Receiving State, and in accordance with the laws and regulations of the Receiving State.
5Materiel of the Sending State, such as military vehicles, shall, in accordance with the laws and regulations of the Receiving State, be exempt from any tax payable in respect of its use on the roads.
6Items purchased in the Receiving State shall be exported in accordance with the laws and regulations of the Receiving State.
7Official documents shall not be subject to customs inspection.
Article 5Uniforms, arms, ammunition and protection#
For Military Activities executed under this Agreement:
1.The military Personnel of the Sending State may wear their national military uniform, while performing official duties only.
2.The military Personnel of the Sending State may possess, carry and use arms and ammunition, on the following conditions:
a)they are authorised to do so by their national orders, and
b)in accordance with the laws and regulations of the Receiving State, and;
c)the competent authorities of the Parties shall decide in advance whether it is necessary to include further details in written arrangements as described in Article 13.
3.The arms and ammunition shall be stored, transported and guarded in accordance with the laws and regulations of the Receiving State.
4.The competent authorities of the Receiving State shall provide protection and escort when the Sending State foresees military movement on the main roads and streets.
For Military Activities executed under this Agreement:
1.The Receiving State shall accept as valid, without a driving test or fee, the current and valid national driving license and/or military driving license issued by the competent authorities of the Sending State to the Personnel of the Sending State; or it shall issue as soon as possible its own driving license to the members of the Personnel of the Sending State who hold a current and valid national driving license and/or military driving license;
2.The use of such 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 such licenses.
1The Parties waive any claims against each other for damage to or loss of government property used by their Personnel and for injury (including injury resulting in death) suffered by their Personnel, arising out of official duties.
2Paragraph 1 of this article is not applicable if damage to or loss of government property or injury suffered by the Personnel mentioned in that paragraph has been the result of gross negligence or wilful misconduct. The competent authorities of the Parties shall mutually decide whether there is gross negligence or wilful misconduct. In that case, they shall also decide about the costs related to the settlement of claims.
3In as far as the Military Activities concern training (including education) and/or exercises:
a)Third-party claims (other than contractual claims) for any loss, damage or injury caused by the Personnel of the Sending State in the execution of its official duties in light of this Agreement, shall be settled by the Receiving State on behalf of the Sending State in accordance with the laws and regulations of the Receiving State. The competent authorities of the Parties shall jointly decide about the attribution of the damage and consequent settlement of any such claim. Costs related to the settlement of any such claim shall be reimbursed by the Sending State.
b)Third-party claims (other than contractual claims) for any loss, damage or injury caused by Personnel of both States in the execution of their official duties in light of this Agreement, 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. The competent authorities of the Parties shall jointly decide about the attribution of the damage and consequent settlement of any such claim. When the damage is equally attributable to both Parties, or when it is not possible to attribute the extent of their respective share of responsibility, the amount awarded or adjudicated shall be distributed equally between the Parties. 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.
c)The competent authorities of the Receiving State shall consult the competent authorities of the Sending State prior to any settlement of third-party claims as referred to in paragraph 3(a) and/or paragraph 3(b).
4In as far as it concerns other Military Activities than those referred to in paragraph 3, the competent authorities of the Parties shall afford adequate opportunity of consultation in spirit of goodwill in case of third-party claims (other than contractual claims) for any loss, damage or injury caused by the Personnel of the Sending State in the execution of its official duties in light of this Agreement.
5Third-party claims (other than contractual claims) for any loss, damage or injury caused by the Personnel of the Sending State outside of the execution of its official duties in light of Military Activities under this Agreement, shall be settled as follows:
a)The Receiving State shall consider the claim expeditiously and assess compensation to the claimant in a fair and just manner, and shall prepare a report on the matter, which will also reflect any remarks which are provided by the Sending State;
b)The report shall expeditiously be delivered to the authorities of the Sending State, who shall then decide whether an ex gratia payment will be offered, and if so, of which amount;
c)If an offer of ex gratia payment is made, and accepted by the claimant, the authorities of the Sending State shall make the payment themselves and inform the Receiving State of its decision.
6The Sending State and its Personnel shall not be subject to the jurisdiction of the Receiving State in any suits filed for losses, damages or injuries caused during or as a consequence of the execution of Military Activities.
7The Parties undertake to fully and expeditiously cooperate with each other with regard to the terms of this Article.
1The Personnel of the Sending State shall be medically and dentally fit prior to their entry into the territory of the Receiving State.
2For the duration of their stay in the Receiving State in connection with this Agreement, Personnel of the Sending State shall receive emergency medical and dental assistance in military medical facilities free of charge.
3Other medical and dental assistance, including admission to a hospital, shall be provided under the same conditions as those that apply for Personnel of the Receiving State. Where applicable, the Sending State shall be responsible for all associated costs.
4Emergency medical evacuation of Personnel of the Sending State shall be granted by the Receiving State and all costs related thereto shall be reimbursed by the Sending State.
1The death of a member of the Personnel of the Sending State in the territory of the Receiving State shall be reported immediately to the authorities of both the Sending and the Receiving State. The death shall, after consultation with the competent authorities of the Sending State, be certified by a qualified physician of the Receiving State in accordance with the laws and regulations of the Receiving State. The Receiving State shall permit a representative of the Sending State to attend any medical examination, autopsy or other procedure and shall cooperate with any request of the Sending State in this respect, in accordance with the laws and regulations of the Receiving State. The competent authorities of the Parties shall cooperate in any investigation related to the death of a member of the Personnel of the Sending State in the territory of the Receiving State.
2The 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 or her personal possessions, and may take appropriate measures to this end.
3The competent authorities of the Receiving State and the Sending State shall cooperate as much as possible in order to assure rapid repatriation of the body of a deceased member of the Personnel of the Sending State.
4Any air transport by the Receiving State of a deceased member of the Personnel of the Sending State to the point of exit in the Receiving State shall be on a reimbursable basis.
Article 10Security and protection of classified information#
Any classified information and materiel that may be exchanged or generated in connection with this Agreement shall be used, transmitted, stored, handled and safeguarded as mutually arranged between the competent authorities of the Parties. Classified information shall not be shared with a third party except after obtaining prior written approval from the competent authorities of the other Party.
All publications regarding the activities of one of the Parties or both of them in the context of Military Activities shall be approved in advance by the competent authorities of both Parties.
1Further to the first paragraph of Article 3 of this Agreement, the Sending State and its Personnel shall respect environmental laws and regulations of the Receiving State while executing Military Activities in the Receiving State.
2The Receiving State shall inform in writing the officer in command of such laws and regulations.
1The terms and conditions for the conduct of Military Activities can be specified in implementing arrangements between the competent authorities of the Parties.
2Services provided by the competent authorities of the Parties shall be charged in accordance with a list as mutually agreed between the competent authorities of the Parties.
This Agreement may be amended by mutual written agreement of the Parties. Any amendment shall enter into force in accordance with the provisions of paragraph 1 of Article 17.
Any dispute that may arise from the interpretation, application or implementation of this Agreement shall be settled through consultation between the Parties, including, if necessary, through diplomatic channels.
Article 16Application for the Kingdom of the Netherlands#
With respect to the Kingdom of the Netherlands, this Agreement shall apply to the territory of the Kingdom in Europe only.
Article 17Provisional application, entry into force and termination#
1This Agreement shall be provisionally applied from the date of signature by both Parties, and shall enter into force on the first day of the second month after the receipt of the latter of the notifications in which the respective Parties have notified each other in writing that their internal procedures necessary for the entry into force of the Agreement have been completed.
2This Agreement shall remain in force for a duration of five years, to be tacitly renewed each year, unless terminated by the Parties or by either Party by giving six (6) months’ written notice through diplomatic channels of its intention to terminate it.
3The obligations of the Parties under this Agreement regarding liability and claims, funding as well as disputes shall continue notwithstanding termination of this Agreement.
Dutch legislation is not protected by copyright (Auteurswet art. 11). Source: wetten.overheid.nl, Basiswettenbestand.