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Nr. I Notawisseling tussen de Nederlandse en de Amerikaanse Regering ter aanvulling van de briefwisseling van 7 oktober 1952 houdende uitvoering van artikel III van de Overeenkomst tot economische samenwerking tussen de Regeringen van het Koninkrijk der Nederlanden en de Verenigde Staten van Amerika

EMBASSY OF THE UNITED STATES OF AMERICA

The Hague,

September 10, 1987

No. 84

The Embassy of the United States presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer to conversations which have taken place between representatives of the two Governments and of the Overseas Private Investment Corporation (OPIC), on the subject of a simplified procedure regarding the issuance of political risk insurance by OPIC to US business enterprises undertaking activities in Aruba and the Netherlands Antilles.

With respect to activities in Aruba, it is the understanding of the Government of the United States that the Government of the Kingdom of the Netherlands agrees the following simplified procedure governing the approval of activities which meet the criteria of eligibility for OPIC coverage established by U.S. legislation and OPIC’s board of directors:

– OPIC will request approval for each individual activity by submitting the usual information on the project in question simultaneously to the Ministry of Foreign Affairs in The Hague and to the Government of Aruba in Oranjestad;

– If, within four weeks of the receipt of such request, the Ministry of Foreign Affairs has not informed the U.S. Embassy in The Hague that an objection exists to the project, approval will be considered granted;

– All other matters regarding the project may be dealt with directly between OPIC and the Government of Aruba;

– The efficacy of this simplified procedure will be evaluated by the competent authorities in the Kingdom within a year of the date of this Note. Should they conclude that the simplified procedure does not serve to further the economic development of Aruba, the Kingdom may propose additional modifications to the approval procedure.

The Government of the United States further understands that the Government of the Netherlands cannot accept that its approval from time to time, whether explicit or implicit, of an activity to be covered by OPIC, should entail liability for possible damages under the Agreement for Economic Cooperation between the two States of July 2, 1948, as modified and amended, in excess of the liability incumbent on the Netherlands by virtue of other rules of international law which apply between the two States.

It is the understanding of the Government of the United States that in the event of a disagreement regarding claims stemming from the issuance of coverage, which disagreement presents a question of international law that cannot be resolved through negotiations between the two governments, the United States Government will arbitrate its differences with the Netherlands Government before any arbitral tribunal mutually agreed upon or, in the event of a failure to agree, before the International Court of Justice.

With respect to activities in the Netherlands Antilles to be insured by OPIC, it is the understanding of the Government of the United States that the existing approval procedure as not to be changed, pending further study of the matter by the competent authorities in the Kingdom of the Netherlands.

The Embassy of the United States of America takes this opportunity to renew to the Ministry of Foreign Affairs the assurances of its highest consideration.

Ministry of Foreign Affairs of the Kingdom of the Netherlands

Regeling
Notawisseling tussen de Nederlandse en de Amerikaanse Regering ter aanvulling van de briefwisseling van 7 oktober 1952 houdende uitvoering van artikel III van de Overeenkomst tot economische samenwerking tussen de Regeringen van het Koninkrijk der Nederlanden en de Verenigde Staten van Amerika
Soort
Verdrag
Geldend vanaf
08-11-1988
BWB-id
BWBV0006857
Versie
1988-11-08_0

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