NETHERLANDS EMBASSY KUWAIT

Kuwait, 30 June 2003

Your Excellency,

I have the honour to refer to discussions which have taken place between representatives of our two Governments regarding the presence of elements of the Netherlands Armed Forces in the State of Kuwait as a result of their deployment by the Government of the Kingdom of the Netherlands in the State of Kuwait in accordance with the relevant Security Council Resolutions.

Pursuant to the consent of the Government of the State of Kuwait to the stationing of those forces in the territory of the State of Kuwait, and having regard to the close and longstanding ties between our two Governments, I have the honour to propose on behalf of the Government of the Kingdom of the Netherlands that an Agreement concerning the Status of the Netherlands Forces in Kuwait for this purpose be concluded on the following terms:

1. The Netherlands Forces means any body, contingent or detachment of the Forces of the Netherlands which with the said consent of the Government of the State of Kuwait is lawfully present in Kuwait and includes any civilian employee of the Government of the Kingdom of the Netherlands sent to Kuwait in connection with this Agreement.

2. The Netherlands Forces shall observe the laws, regulations, customs and traditions of Kuwait and shall not interfere in the internal affairs of Kuwait.

3. The Netherlands Forces personnel shall be granted by the State of Kuwait on its territory the privileges and immunities identical to those of the administrative and technical staff under the Vienna Convention on Diplomatic Relations of 18 April 1961.

4. Contractors, personnel of companies and Kuwaities who work with the Netherlands Forces are subject to Kuwaiti judicial authority regarding civil and penal matters.

5.

a) Each Government waives any claim it has or may have against the other Government or any personnel of the other Government for injury (including injury resulting in death) suffered by its personnel or for damage to or loss of property owned by it if such injury, death, damage or loss was caused by acts or omissions of members of personnel of the other Government in the performance of their official duties in connection with this Agreement. The Netherlands Forces shall, however, submit the equipment and constructions of Kuwait which were under their disposal in the same condition as at time of delivery and compensate against any damage or loss resulting from the misuse of them.

b) The Government of the State of Kuwait shall deal with and settle, in accordance with its laws, third party claims arising within its own territory for or in connection with any act or omission by the Government of the Kingdom of the Netherlands or any personnel from the Netherlands Forces in the performance of official duties in connection with this Agreement which results in injury, death, loss or damage and the Government of the Kingdom of the Netherlands will pay just and reasonable compensation tot the Government of the State of Kuwait in respect of any such claims.

c) The Government of the Kingdom of the Netherlands shall endeavour to assist third party claims resulting from any act or omission of any personnel from the Netherlands Forces causing injury, other than in performance of official duties in connections with this Agreement and in obtaining satisfaction of any judgement obtained in respect of any such claims.

6. The Netherlands Forces may enter and exit Kuwait with military or Netherlands Government identification cards. Kuwaiti military identification cards will be issued by Kuwaiti authorities. The members of the Netherlands Forces shall produce such cards to the appropriate authorities of the Government of the State of Kuwait when required.

7. Vehicles, vessels and aircraft used by the Netherlands Forces shall not be subject to licensing or registration under the law of Kuwait. The Netherlands Forces may use airfield facilities without payment of dues, tolls or other charges. Members of the Force may operate vehicles with valid Netherlands driving licences and military identification.

8. The Netherlands Forces may import into Kuwait without license or other restriction and free of customs, duties and taxes, equipment and other supplies required by them for the purpose of their operation together with personnel effects of and items for the personal consumption or use of the Netherlands Forces. Any property of any kind imported duty free under this paragraph which is sold in Kuwait to persons other than those entitled to duty free import privileges will be subject to customs and other duties on its value at the time of sale.

9. Military personnel of the Netherlands Forces may possess and carry arms when authorised to do so by their orders during their official duties.

10. The Government of the State of Kuwait may at any time request the withdrawal of the Netherlands Forces from Kuwait. The Government of the Kingdom of the Netherlands reserves the right to withdraw the Netherlands Forces at any time after notifying the Government of the State of Kuwait.

11. This Agreement shall enter into force for a period of twelve months, to be renewed automatically, unless either Party notifies the other of its intention of terminating the Agreement before its expiration by a period of six months but not to affect paragraph 5 which shall be implemented on any matter which may occur from executing the Agreement.

12. Any dispute between the Parties arising out of the interpretation or implementation of this Agreement shall be settled exclusively by the Parties through consultations and negotiations.

13. This Agreement shall be concluded in the Arabic, Netherlands and English languages, all texts being equally authentic. In case of divergence of interpretation the English text shall prevail.

I have the honour to propose that, if the above terms (1–13) are acceptable to the Government of the State of Kuwait, this letter and your reply will constitute an Agreement between our two Governments which shall enter into force on the date of receipt of your reply.

Yours respectfully,

JAN A. SOER

Jan A. Soer

Chargé d'Affaires a.i.

Netherlands Embassy Kuwait

To His Excellency Sheikh Jaber Mubarak Al-Hamad Al-Sabah

Deputy Premier and Minister of Defence