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| titel | bwb_id | type | status | datum_inwerkingtreding | bron | citeertitel |
|---|---|---|---|---|---|---|
| Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Staat Israël inzake de status van hun strijdkrachten | BWBV0006935 | verdrag | geldend | null | https://wetten.overheid.nl/BWBV0006935 | Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Staat Israël inzake de status van hun strijdkrachten |
Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Staat Israël inzake de status van hun strijdkrachten
Artikel I
For the purpose of this Agreement and its implementation:
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- “Sending State” means the State to which the visiting Personnel belongs;
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- “Receiving State” means the State which the Personnel of the Sending State is visiting;
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- “Personnel” means the military personnel of the armed forces of the Contracting 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, excluding citizens or residents of the Receiving State;
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- “Military Activities” means any form of defence cooperation between the Contracting Parties agreed upon by the appropriate authorities, taking place inside the territories of the Contracting Parties, involving the Personnel of either or both of the Contracting Parties.
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 Receiving State and relevant arrangements between the appropriate authorities of the Contracting Parties.
Artikel II
1. The authorities of the Receiving State shall allow the Personnel of the Sending State entry into and exit from the territory of the Receiving State with their valid national passports or other identification documents recognized by the Receiving State and in accordance with its laws and regulations.
2. The Sending State will communicate all necessary details regarding the Personnel, equipment, weapons, vehicles, vessels, aircraft, and dangerous goods of the Sending State prior to their arrival in the territory of the Receiving State as agreed between the appropriate authorities of the Contracting Parties.
Artikel III
The Sending State shall have the right to exercise exclusive disciplinary jurisdiction over the Personnel of the Sending State in relation to offences that are of a disciplinary nature.
Artikel IV
1. The Personnel of the Sending State shall comply with the laws and regulations in force in the Receiving State, shall refrain from any activity inconsistent with the spirit of this Agreement and, in particular, shall refrain 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 this effect.
2. If, at any time during the Military Activities, the Receiving State wishes to request the removal from the Receiving State’s territory of a member of the Personnel of the Sending State, the Receiving State shall present such request to the officer in command of the Sending State’s Personnel, together with detailed reasoning for the request. In the event that, following consultation with the officer in command of the Sending State’s Personnel, the Receiving State reaffirms its request to remove the member of the Sending State’s Personnel from its territory, the Sending State shall promptly comply with that request by transferring the person concerned outside of the Receiving State’s territory within a reasonable time period.
Artikel V
1.
The Sending State shall have the primary right to exercise criminal jurisdiction over the Personnel of the Sending State in relation to the following offences occurring during a visit for the purposes of the Military Activities:
a) a) offences arising out of an act or omission done in the performance of official duty; or, b) b) offences solely against the property or security of the Sending State; or, c) c) offences solely against the person or property of another member of the Personnel of the Sending State.
Whenever the Sending State decides to exercise its primary jurisdiction in accordance with this paragraph, the Receiving State shall refrain from exercising any criminal jurisdiction over the Personnel of the Sending State involved in the offences.
2. In the event that the Sending State does not intend to exercise its primary right to criminal jurisdiction as provided in paragraph 1 of this Article, the Sending State shall notify the Receiving State as soon as practicable, and in writing, of its intention to waive its primary right to exercise criminal jurisdiction. In such case, the Receiving State may exercise its criminal jurisdiction.
3.
The 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 regards to offences arising out of acts or omissions which satisfy all of the following conditions:
a) a) conducted by the Personnel of the Sending State within the territory of the Receiving State or on board a vessel or aircraft registered in the Receiving State; and b) b) conducted during a visit for the purposes of the Military Activities; and c) c) not covered by paragraph 1 of this Article.
4. In the event that the Receiving State does not intend to exercise its primary right to jurisdiction as provided in paragraph 3 above, the Receiving State shall notify the Sending State as soon as practicable, and in writing, of its intention to waive its primary right to exercise jurisdiction. In such case, the Sending State may exercise its criminal jurisdiction. The authorities of the Receiving State, having the primary right, shall give appropriate consideration to a request from the authorities of the Sending State for a waiver of its right in cases where the Sending State considers such waiver to be of particular importance.
5. The Contracting Parties shall provide mutual assistance with respect to matters arising in connection to this Article, in particular, in the conduct of inquiries and gathering of evidence, in accordance with applicable laws and regulations, and relevant treaties between the Contracting Parties.
6. Any penal sentence shall be executed within the penal system of the Sending State, in accordance with the provisions of the European Convention on the Transfer of Sentenced Persons signed in Strasbourg on 21 March 1983.
Artikel VI
1. The importation and exportation of materiel, supplies, equipment, property and services by the Sending State, which are directly connected to the Military Activities, shall be exempt from all duties, taxes and other charges. “Other charges” shall not include charges which constitute payment for services required and received.
2. This exemption shall also apply to materiel, reasonable quantities of supplies and equipment that remain in the Receiving State, as long as they remain in the ownership of the Sending State and are destined for the use of the Sending State or joint use of the Sending State and the Receiving State under this Agreement. All materiel, supplies and equipment shall either be re-exported by the Sending State when they are no longer required for the purposes of this Agreement, or be disposed of in coordination with the relevant authorities of the Receiving State and in accordance with its laws and regulations.
3. The Personnel of the Sending State shall be subject to the customs laws and regulations of the Receiving State. In particular, the Receiving State shall have the right to search the Personnel of the Sending State, to examine their luggage and vehicles, and to seize articles, all in accordance with such laws and regulations.
Artikel VII
1. The military Personnel of the Sending State may possess and carry arms and ammunition in the territory of the Receiving State only during the execution of Military Activities, and on the condition that they are authorised to do so by the Sending State’s laws and regulations, and subject to any arrangements agreed upon with the authorities of the Receiving State in advance.
2. The military Personnel of the Sending State may use arms and ammunition in accordance with the Receiving State’s laws and regulations and only for the execution of Military Activities on locations specifically intended for such use by the Receiving State. These locations shall be agreed upon between the appropriate authorities of the Contracting Parties.
3. The arms and ammunition shall be stored and guarded in accordance with the laws and regulations of the Receiving State.
4. The military Personnel may wear their national military uniform while performing Military Activities.
5. The Receiving State shall secure the Personnel and equipment of the Sending State as required and as agreed between the appropriate authorities of the Contracting Parties.
Artikel VIII
1. The Receiving State shall accept as valid the national driving license issued by a competent authority in the Sending State as long as the national driving license is valid in the Sending State, and subject to restrictions included in such license, subject to the laws and regulations of the Receiving State.
2. The use of these 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 foreign licenses.
Artikel IX
1. The Contracting Parties waive all claims against each other for damage to or loss of property owned by them and used by their armed forces under the scope of this Agreement and for injury, including injury resulting in death, suffered by their Personnel, arising out of official duties.
2. Paragraph 1 of this Article is not applicable to claims by the Contracting Parties if the damage to or loss of property or injury, has been a result of intent to cause damage to or loss of property or injury. The Contracting Parties shall mutually determine whether there was intent to cause damage to or loss of property or injury. In that case, they shall also mutually determine the costs related to the settlement of the claim.
3. Claims arising out of damage to or loss of property or injury, caused to a Contracting Party’s Personnel during or as a consequence of the performance of Military Activities shall be settled amicably. In cases however, where a Contracting Party shall be required to pay compensation to a member of the other Contracting Party’s Personnel, as a consequence of a suit filed by that member in relation to this damage to or loss of property or injury, the other Contracting Party shall reimburse that Contracting Party in full. Such reimbursement shall include the costs and expenses of conducting the proceedings. Reimbursement shall not take place in cases of intent to cause damage to or loss of property or injury, as mutually determined by the Contracting Parties.
4. Third-party claims, other than contractual claims, for any damage to or loss of property or injury, caused by Personnel of the Sending State or by Personnel of both Contracting Parties during the execution of Military Activities, 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. Where such settlement is done on behalf of the Sending State, the Receiving State shall consult with the Sending State prior to concluding such settlement. Where the Sending State alone is responsible, the amount of compensation awarded or adjudicated shall be shared in a proportion of 75 percent chargeable to the Sending State and 25 percent chargeable to the Receiving State. Where it is not possible to attribute damage specifically to one of the Contracting Parties or both, the amount awarded or adjudicated shall be distributed equally between the Contracting Parties, regardless of the extent of their respective share of responsibility. 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.
5. Third-party claims, other than contractual claims, for any damage to or loss of property or injury, caused by Personnel of the Sending State outside of the performance of Military Activities may be settled on an ex gratia basis by the Receiving State on behalf of the Sending State, after approval of the Sending State. To this end, the Receiving State shall send a well-founded advice to the Sending State. Settlement shall take place in accordance with the laws and regulations of the Receiving State. Costs related to the settlement of any such claim shall be reimbursed by the Sending State.
6. The Sending State shall verify with the owner/lessor of non-military motor vehicles, made available to the Personnel of the Sending State, that these vehicles are adequately insured in accordance with the laws and regulations of the Receiving State.
7. The Sending State and its Personnel shall not be subject to the jurisdiction of the courts 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.
8. The Contracting Parties undertake to cooperate fully with each other with regard to the provisions of this Article.
Artikel X
All information exchanged or generated between the Contracting Parties, in connection with the Military Activities, shall be subject to relevant arrangements mutually agreed upon between the Contracting Parties.
Artikel XI
Without derogating from Article XVI below, all publications regarding the activities of one of the Contracting Parties or both of them in the context of Military Activities shall be approved in advance by both Contracting Parties.
Artikel XII
1. The Personnel of the Sending State shall be medically fit, to the best knowledge of the Sending State’s relevant authorities, prior to their entry into the territory of the Receiving State.
2. The Personnel of the Sending State shall have access to first aid services during the Military Activities to be provided by the Receiving State, under the same conditions, equivalent to Personnel of the Receiving State.
3. In case of emergency, the Personnel of the Sending State shall receive medical and dental care, including hospitalization, under the same conditions as the Personnel of the Receiving State.
4. All non-emergency medical service in military or civilian hospitals, as well as medical repatriation, remain the responsibility of the Sending State.
Artikel XIII
The Contracting Parties agree that Personnel of the Sending State present in the territory of the Receiving State, or on board a vessel or aircraft registered in the Receiving State, shall not, absent the express written consent of the Sending State, be extradited, surrendered, or otherwise transferred by any means to the custody of any other State for any purpose.
Artikel XIV
The Receiving State shall have the overall responsibility for search and rescue activities in the event of an accident, incident or emergency occurring within its territory and/or within its Flight Information Region as defined in Chapter 1 of Annex II to the Convention on International Civil Aviation, signed on 7 December 1944, in connection with the Military Activities done under this Agreement. All materiel and Personnel and/or representatives of the Sending State shall be allowed to participate in any search and rescue activities connected to the incident, subject to prior coordination with the appropriate authorities of the Receiving State.
Artikel XV
1. In the event of any fatal incident involving Personnel of the Sending State, the Sending State shall be allowed to have its representatives participate in the gathering of the body or bodily remains.
2. The 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/her personal possessions, and may take appropriate measures to this end. The Receiving State shall release the body to the Sending State immediately upon the Sending State's request and without performing any autopsies.
3. An autopsy on the body of a deceased member of the Personnel of the Sending State may only be performed with the prior written consent of the authorities of the Sending State and in the presence of a representative thereof. The Sending State shall send the findings of any autopsy conducted in connection with the incident to the Receiving State upon request of the Receiving State.
4. The Contracting Parties shall cooperate as much as possible in order to assure the rapid repatriation of the body of a deceased member of the Personnel of the Sending State.
Artikel XVI
1. In the event of an occurrence within the territory of one of the Contracting Parties or its Flight Information Region as defined in Chapter 1 of Annex II to the Convention on International Civil Aviation, signed on 7 December 1944, in connection with the Military Activities done under this Agreement, the safety investigation or command inquiry, as relevant, will be conducted according to the laws and regulations of the Receiving State.
2.
Where such an occurrence involves Personnel of the Sending State, the following provisions shall apply:
a) a) The Personnel or representatives of the Sending State shall be admitted to participate in the safety investigation or command inquiry, as relevant. Such participation shall be under the authority and direction of the Receiving State and in accordance with its laws and regulations. b) b) The Receiving State shall transfer the findings or report of such safety investigation or command inquiry, as relevant, to the Sending State upon the Sending State’s request, in accordance with the Receiving State’s laws and regulations. The Sending State shall keep such findings or report in confidence and shall not transfer them to any other party, unless required by the Sending State’s laws and regulations, and after coordination of its content with the Receiving State.
Artikel XVII
The Personnel of the Sending State shall recognize and acknowledge the importance of environmental protection in the context of their activities performed in the Receiving State. The Personnel of the Sending State shall comply with the Receiving State’s laws and regulations for the protection of the environment.
Artikel XVIII
1. Any installation of communication systems of the Personnel of the Sending State shall be subject to authorization by the Receiving State and its applicable laws and regulations. Construction, maintenance and use of these communication systems shall be done as agreed between the appropriate authorities of the Contracting Parties.
2. Subject to the terms of the authorization of the appropriate authorities of the Receiving State and in accordance with its applicable laws and regulations, the Sending State may install and operate communication systems for the purposes of official communication. The operation of these systems must not interfere with communication systems of the Receiving State. The award procedure, change, withdrawal or restoration of frequencies shall be determined by mutual agreement between the appropriate authorities of the Contracting Parties.
Artikel XIX
Either Contracting Party may at any time propose negotiations to amend the provisions of this Agreement. The Amendments shall enter into force in accordance with the procedure set forth in Article XXII, paragraph 1.
Artikel XX
Unless agreed upon otherwise, any dispute regarding the interpretation, application or implementation of this Agreement shall be settled amicably only through direct negotiations between the appropriate authorities of the Contracting Parties without recourse to any individual, national or international tribunal or to any other forum for settlement.
Artikel XXI
With respect to the Kingdom of the Netherlands, this Agreement shall apply to the European part of the Netherlands only.
Artikel XXII
1. This Agreement shall enter into force on the first day of the second month after the date of receipt of the second diplomatic note stating that the Contracting Parties have completed their internal procedures required for its entry into force.
2. This Agreement shall remain in force until terminated in accordance with paragraph 3 of this Article.
3. This Agreement may be terminated by either Contracting Party giving six (6) months’ written notice in advance through a diplomatic note to the other Contracting Party of its intention to terminate it.