rijk/verdrag/verdrag-tussen-de-regering-van-het-koninkrijk-der-nederlanden-en-de-regering-van/BWBV0007128
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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 Japan betreffende wederzijdse levering van goederen en diensten tussen de krijgsmacht van het Koninkrijk der Nederlanden en de zelfverdedigingsmacht van Japan BWBV0007128 verdrag geldend null https://wetten.overheid.nl/BWBV0007128 Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van Japan betreffende wederzijdse levering van goederen en diensten tussen de krijgsmacht van het Koninkrijk der Nederlanden en de zelfverdedigingsmacht van Japan

Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van Japan betreffende wederzijdse levering van goederen en diensten tussen de krijgsmacht van het Koninkrijk der Nederlanden en de zelfverdedigingsmacht van Japan

Artikel 1

1.

The purpose of this Agreement is to establish basic terms and conditions for the reciprocal provision of supplies and services, between the Netherlands Armed Forces and the Self-Defense Forces of Japan, necessary for the following activities:

a. a. exercises and training with participation by both the Netherlands Armed Forces and the Self-Defense Forces of Japan; b. b. United Nations Peacekeeping Operations, internationally coordinated peace and security operations, humanitarian international relief operations, or operations to cope with large scale disasters in the territory of either Party or a third country; c. c. protection measures or transportation of nationals of either Party or others, if appropriate, for their evacuation from overseas in case of exigencies of the situation; d. d. communication and coordination or other routine activities (including visits of ships or aircraft of the forces of either Party to facilities in the territory of the other Party), with the exception of exercises and training conducted unilaterally by the forces of either Party; e. e. any other activity in which the provision of supplies and services is permitted under the laws and regulations of the respective countries.

2. This Agreement sets forth a framework for the provision of supplies and services on the basis of the principle of reciprocity.

3. The request, provision, receipt, and settlement of supplies and services under this Agreement shall be carried out by the Netherlands Armed Forces and by the Self-Defense Forces of Japan.

Artikel 2

1. When either Party requests, under this Agreement, the other Party to provide supplies and services necessary for the activities which are set forth in sub-paragraphs a. to e. of paragraph 1 of Article 1, and are conducted by the Netherlands Armed Forces or the Self-Defense Forces of Japan, the other Party, within its competence, may provide the supplies and services requested.

2.

The supplies and services related to the following categories may be provided under this Agreement: food; water; billeting; transportation (including airlift); petroleum, oils, and lubricants; clothing; communications services; medical services; base operations support (including construction incident to base operations support); storage services; use of facilities; training services; spare parts and components; repair and maintenance services (including calibration services); airport and seaport services; and ammunition.

The supplies and services related to each category are specified in the Annex, which forms an integral part of this Agreement.

3. Paragraph 2 of this Article shall not be interpreted as to include the provision of weapons by the Netherlands Armed Forces or the Self-Defense Forces of Japan.

4. The provision of supplies and services between the Netherlands Armed Forces and the Self-Defense Forces of Japan necessary for the activities which are set forth in sub-paragraphs a. to e. of paragraph 1 of Article 1 shall be conducted pursuant to the laws and regulations of the respective countries.

Artikel 3

1. The use of supplies and services provided under this Agreement shall be consistent with the Charter of the United Nations.

2. The Party that receives supplies and services under this Agreement (hereinafter referred to as the “receiving Party”) shall not transfer those supplies and services, either temporarily or permanently, by any means to those outside of the forces of the receiving Party, without prior written consent of the Party who provides them (hereinafter referred to as the “providing Party”).

Artikel 4

1.

The settlement procedures for provision of supplies and services under this Agreement shall be as follows:

a. a. For provision of supplies:

        i.
        The receiving Party shall, subject to sub-paragraph ii., return the supplies in question in a condition and manner that are satisfactory to the providing Party.
      
      
        ii.
        If the supplies provided are consumable or the receiving Party cannot return the supplies in question in a condition and manner that are satisfactory to the providing Party, the receiving Party shall, subject to sub-paragraph iii., return supplies of the same type and in the same quality and quantity in a condition and manner that are satisfactory to the providing Party.
      
      
        iii.
        If the receiving Party cannot return the supplies of the same type and in the same quality and quantity as the supplies provided in a condition and manner that are satisfactory to the providing Party, the receiving Party shall reimburse the providing Party in the currency specified by the providing Party.

i. i. The receiving Party shall, subject to sub-paragraph ii., return the supplies in question in a condition and manner that are satisfactory to the providing Party. ii. ii. If the supplies provided are consumable or the receiving Party cannot return the supplies in question in a condition and manner that are satisfactory to the providing Party, the receiving Party shall, subject to sub-paragraph iii., return supplies of the same type and in the same quality and quantity in a condition and manner that are satisfactory to the providing Party. iii. iii. If the receiving Party cannot return the supplies of the same type and in the same quality and quantity as the supplies provided in a condition and manner that are satisfactory to the providing Party, the receiving Party shall reimburse the providing Party in the currency specified by the providing Party. b. b. For provision of services, the services provided shall be reimbursed in the currency specified by the providing Party or settled by the provision of services of the same type and equivalent value. The manner of the settlement shall be agreed between the Parties prior to the provision of the services.

2. Consumption taxes shall not be charged by either Party for supplies and services provided under this Agreement to the extent permitted by the laws and regulations of the respective countries.

Artikel 5

1. The reciprocal provision of supplies and services under this Agreement shall be carried out in accordance with the Procedural Arrangement, as may be modified, which is subordinate to this Agreement and which shall specify procedures and supplementary details of terms and conditions to implement this Agreement. The Procedural Arrangement shall be made between the competent authorities of the Parties.

2. The price of the supplies and the services reimbursed in accordance with sub-paragraph a. iii. and sub-paragraph b. of paragraph 1 of Article 4 shall be determined pursuant to the relevant provisions set forth in the Procedural Arrangement.

Artikel 6

1. The Parties shall closely consult with each other regarding the implementation of this Agreement.

2. Any matter relating to the interpretation or application of this Agreement shall be resolved solely through consultation between the Parties.

Artikel 7

1. This Agreement shall enter into force on the thirtieth day after the date on which the Parties exchange diplomatic notes informing each other that their respective internal procedures necessary to give effect to this Agreement have been completed. This Agreement shall remain in force for a period of ten years, and shall thereafter be automatically extended for successive periods of ten years each, unless either Party notifies the other of its intention in writing to terminate this Agreement at least six months before the end of each period of ten years.

2. Notwithstanding the provisions of paragraph 1 of this Article, each Party may terminate this Agreement at any time by giving one year written notice to the other Party.

3. This Agreement may be amended by written agreement between the Parties.

4. Notwithstanding the termination of this Agreement, the provisions of Article 3, 4, 5, and paragraph 2 of Article 6 shall remain in force in respect of the reciprocal provision of supplies and services conducted under this Agreement.