The Hague, June 15, 1970

Excellency,

I have the honor to refer to the agreement between the Government of the United States of America and the Government of the Kingdom of the Netherlands for the operation of a cooperative meteorological observation program in the Netherlands Antilles, which was originally effected by an exchange of notes dated August 6 and 16, 1956, and which, after extensions from time to time, expired on September 12, 1959.

Even after the expiration of the agreement in question, the cooperative program has been maintained by the meteorological agencies concerned and is currently in operation. In view of this and of the proven value of the program, the Government of the United States proposes that a new agreement be concluded to provide for further continuation of the cooperative meteorological observation program on the following terms:

1. Purpose. The purpose of the program shall be the facilitation of the operation and maintenance of a rawinsonde and pilot balloon observation station in Curacao and of a rawinsonde station in Sint Maarten, and the international dissemination of reports of the observations from these stations, through cooperation between the designated Cooperating Agencies of the two Governments.

2. Cooperating Agencies. The cooperating agencies shall be (1) for the Government of the United States of America, the Environmental Science Services Administration, Department of Commerce, hereinafter referred to as the United States Cooperating Agency, and (2) for the Government of the Kingdom of the Netherlands, the Netherlands Antilles Meteorological Office, hereinafter referred to as the Netherlands Antilles Cooperating Agency.

3. Title to Property. Unless otherwise agreed between the two Cooperating Agencies in specific cases or with respect to specific categories of equipment or personal property, (1) title to all real property and any improvements thereto, furnished, acquired, or constructed for the purpose of conducting the program covered by this agreement shall be vested in the Netherlands Antilles Cooperating Agency, except when the Government of the Netherlands Antilles shall have determined that such title shall be vested, or remain vested, in another Netherlands Antilles Agency, and (2) title to any item of equipment or other item of personal property shall remain vested in the Cooperating Agency which supplied, or provided the funds for the supply of, the item. In the event of termination of the cooperative program with respect to the operation of the station on Curacao, the United States Cooperating Agency shall transfer to the Netherlands Antilles Cooperating Agency any real property located on Curacao, and any equipment or other items of personal property for which the United States Cooperating Agency had retained title at the time of such termination.

4. Expenditures. All expenditures incident to the obligations assumed by the United States Cooperating Agency shall be paid by the Government of the United States, and all expenditures incident to the obligations assumed by the Netherlands Antilles Cooperating Agency shall be paid by the Government of the Netherlands Antilles.

5. Importation of Materials, Equipment, Supplies and Goods. The Government of the Netherlands Antilles shall take all necessary steps to facilitate the importation into the Netherlands Antilles of all materials, equipment, supplies and goods, including motor vehicles, furnished by the United States Cooperating Agency for use in the cooperative program.

6. Exemption from Duties and Taxes.

(a) All materials, equipment, supplies and goods, including motor vehicles, furnished by the United States Cooperating Agency and imported into the Netherlands Antilles for use in the cooperative program shall be admitted free of taxes, customs and import duties, and other similar charges.

(b) No license fees, taxes, or other charges shall be payable in respect of the use in the Netherlands Antilles, in connection with the cooperative program, of any item imported under the provisions of paragraph 6 (a) above.

(c) No person ordinarily resident in the United States of America shall be liable to pay in the Netherlands Antilles any tax in the nature of a license in respect of any service or work for the Government of the United States in connection with the cooperative program, or under any contract made with the Government of the United States in connection with that program.

(d) Any employee of the Government of the United States temporarily in the Netherlands Antilles in connection with the cooperative program shall be exempt from the payment in the Netherlands Antilles of any tax or other charges which may be otherwise imposed solely by virtue of his temporary presence in the Netherlands Antilles.

7. Liability. Each Cooperating Agency shall be responsible for claims for damage to property or injury to persons with respect only to activities under the cooperative program directly engaged in or performed by that Cooperating Agency or its employees. No liability shall attach to either Cooperating Agency based solely on title to the equipment, facilities or other property used in the cooperative program.

8. Protection of Radio Frequencies. The radio operating frequencies in the bands 401–406 MHz and 1660–4700 MHz shall be protected in order to insure their use free of interference for rawinsonde observations, in accordance with the provisions of the Radio Regulations annexed to the International Telecommunication Convention.

9. Appropriation of Funds. To the extent that the carrying out of any provisions of this agreement will depend on funds appropriated by the Congress of the United States of America or by the Legislative Council of the Netherlands Antilles, it shall be subject to the availability of such funds.

10. Memorandum of Arrangement. A Memorandum of Arrangement, specifying further details of the cooperative program to be operated under the agreement, shall be agreed by the two Cooperating Agencies and may be amended at any time by further agreement between them.

11. Term. This agreement shall enter into force as provided below and shall remain in force until terminated by mutual agreement or until sixty days after either Government has given notice in writing to the other Government of its intention to terminate the agreement.

If the foregoing meets with the approval of the Government of the Kingdom of the Netherlands, I have the honor to propose that this letter and Your Excellency's reply to that effect shall together constitute an agreement between our two Governments on this matter, which shall apply, as regards the Kingdom of the Netherlands, to the Netherlands Antilles, which shall provisionally be applied as from the date of Your Excellency's reply, and which shall enter into force on the day on which the Government of the Kingdom of the Netherlands notifies the Government of the United States of America in writing that the constitutional requirements in the Kingdom of the Netherlands have been complied with.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.

(sd.) J. WILLIAM MIDDENDORF II

Ambassador Extraordinary and Plenipotentiary of the United States of America.

His Excellency

J. M. A. H. Luns,

Minister of Foreign Affairs,

The Hague.