Contract
TRAC T A TENBLAD
VAN HET
K O N I N K R I J K D E R N E D E R L A N D E N
JAARGANG 2011 Nr. 69
A. TITEL
Notawisseling houdende een verdrag tussen het Koninkrijk der Nederlanden en de Eastern Africa Standby Brigade Coordination Mechanism (EASBRICOM) betreffende de samenwerking ter ondersteuning van de Eastern Africa Standby Force;
Nairobi, 21 januari 2011
B. TEKST
Nr. I
ROYAL NETHERLANDS EMBASSY
No. NAI-D/2010/154
Note Verbale
Nairobi, 4 October 2010
The Embassy of the Kingdom of the Netherlands presents its compli- ments to the Eastern Africa Standby Brigade Coordination Mechanism
– the Secretariat of the Eastern Africa Standby Force – and has the hon- our to propose an Agreement between the Kingdom of the Netherlands and the Eastern Africa Standby Brigade Coordination Mechanism re- xxxxxxx the cooperation to strengthen all dimensions of capacity build- ing and peace operations in Eastern Africa on the following terms:
Preambule The Kingdom of the Netherlands
and
the Eastern Africa Standby Brigade Coordination Mechanism (EAS- BRICOM) – the Secretariat of the Eastern Africa Standby Force (EASF),
(hereinafter referred to as “the Contracting Parties”),
Acknowledging the need to strengthen cooperation for peace and security in Africa and for further development of the African Union Peace and Security architecture of which the EASF is part, and the need to further develop capacity within EASBRICOM and the structures under EASBRICOM in the Eastern Africa Region.
Having regard to the Host Country Agreement between EASBRICOM and the Government of the Republic of Kenya for the purpose of host- ing EASBRICOM and its subordinate structures in Kenya concluded on May 28, 2008 in Nairobi;
Have agreed as follows:
Article 1
Scope
The Contracting Parties continue to maintain a close cooperation with a view to strengthening capacity building in all its forms in order to best prepare the Eastern Africa Standby Force for likely deployments across all of the deployment scenarios envisaged by the African Union in the context of the African Standby Force.
Article 2
Netherlands support to Easbricom
1. The Minister of Defence of the Kingdom of the Netherlands (here- inafter referred to as “the Sending Party”) shall provide personnel who shall be embedded within EASBRICOM.
2. The amount of personnel, their terms of reference and any matter relating to the appointments shall be agreed upon in an arrangement between the Sending Party and EASBRICOM, as mentioned in Article 4, paragraph 6.
3. The Sending Party may withdraw any such personnel provided by it for any reason after consultation with EASBRICOM.
4. In the event of any serious misconduct or neglect of duty by per- sonnel provided by the Sending Party, or of inability to carry out their
duties satisfactorily, EASBRICOM may consult the Sending Party and may request the withdrawal of the personnel concerned.
5. The personnel provided by the Sending Party to EASBRICOM shall enjoy the privileges, immunities, exemptions, facilities, assurances and other rights referred to in the Host Country Agreement between EASBRICOM and the Government of the Republic of Kenya.
6. The Contracting Parties agree that the right of the Director of EAS- BRICOM to waive the immunities granted to the personnel provided by the Sending Party, as mentioned in Article VIII, paragraph 2, of the Host Country Agreement, shall not be executed without prior written approval of the Sending Party.
Article 3
Financial arrangements
Financial arrangements within the framework of the cooperation shall be agreed upon between the Sending Party and EASBRICOM, as speci- fied in Article 4, paragraph 6.
Article 4
Final provisions
1. This Agreement shall enter into force on the first day of the sec- ond month after the Contracting Parties have notified each other in writ- ing that the legal requirements for the entry into force of this Agreement have been complied with.
2. The provisions of this Agreement shall be applied provisionally as from the date of receipt of the Note in reply to this Note.
3. This Agreement may be amended at any time by the mutual writ- ten consent of the Contracting Parties. Amendments shall enter into force on the first day of the second month after the Contracting Parties have notified each other in writing that the legal requirements for entry into force have been complied with.
4. Any Contracting Party wishing to terminate this Agreement shall provide a written notification to the other Contracting Party. The termi- nation shall take effect six months after the receipt of the written notifi- cation. In the event that the Agreement is terminated the provisions of Article 4, paragraph 5, shall continue to be applied in respect of any mat- ters not resolved at the time of termination.
6. The Sending Party and EASBRICOM may for the purpose of implementing this Agreement or of addressing matters not foreseen in this Agreement make implementing arrangements as appropriate.
If the foregoing is acceptable to the Eastern Africa Standby Brigade Coordination Mechanism, the Embassy of the Kingdom of the Nether- lands has the honour to propose that this Note and the Note in reply to the Embassy shall constitute an Agreement between the Kingdom of the Netherlands and the Eastern Africa Standby Brigade Coordination Mechanism, which shall be applied provisionally as from the date of the receipt of the Note in reply to this Note and which shall enter into force on the first day of the second month after the Contracting Parties have notified each other in writing that the legal requirements for entry into force have been complied with.
The Embassy of the Kingdom of the Netherlands avails itself of this opportunity to renew to the Eastern Africa Standby Brigade Coordina- tion Mechanism the assurances of its highest consideration.
Eastern Africa Standby Brigade Coordination Mechanism (EASBRICOM)
Nairobi
Nr. II
EASTERN AFRICA STANDBY BRIGADE COORDINATION MECHANISM
(EASBRICOM)
Nairobi, 21 January 2011
REF: IP/06/13
The Eastern Africa Standby Brigade Coordination Mechanism – the Secretariat of the Eastern Africa Standby Force presents its compliments to the Royal Netherlands Embassy and has the honor to refer to the Embassy’s note No. NAI-D/2010/154 of 04 October 2010, which reads as follows:
EASBRICOM has further the honour to inform the Royal Netherlands Embassy that the proposals set forth in the Embassy’s note are accept- able to EASBRICOM and to confirm that the Embassy’s note and this note shall constitute an Agreement between the Kingdom of the Nether- lands and EASBRICOM, which shall enter into force on the first day of the second month after the Contracting Parties have notified each other in writing that the legal requirements for entry into force have been com- plied with.
The Eastern Africa Standby Brigade Coordination Mechanism – the Secretariat of the Eastern Africa Standby Force avails itself of this opportunity to renew to the Royal Netherlands Embassy the assurances of its highest consideration.
Royal Netherlands Embassy Nairobi
D. PARLEMENT
Het in de nota’s vervatte verdrag behoeft ingevolge artikel 91 van de Grondwet de goedkeuring van de Staten-Generaal, alvorens het Konink- rijk aan het in de nota’s vervatte verdrag xxx xxxxxx gebonden.
F. VOORLOPIGE TOEPASSING
Het in de nota’s vervatte verdrag wordt ingevolge artikel 4, tweede lid, vanaf 4 februari 2011 voorlopig toegepast.
Wat betreft het Koninkrijk der Nederlanden, geldt de voorlopige toe- passing alleen voor Nederland (het Europese xxxx).
G. INWERKINGTREDING
De bepalingen van het in de nota’s vervatte verdrag zullen ingevolge artikel 4, eerste lid, in xxxxxxx xxxxxx op de eerste dag van de tweede maand nadat beide partijen elkaar schriftelijk er van in kennis hebben
gesteld, dat aan de wettelijke vereisten voor de inwerkingtreding van het in de nota’s vervatte verdrag is voldaan.
Uitgegeven de dertiende april 2011.
De Minister van Buitenlandse Zaken,
X. XXXXXXXXX
TRB5579
ISSN 0920 - 2218
’s-Gravenhage 2011