Notawisseling houdende een verdrag tussen de regering van het Koninkrijk der Nederlanden en de regering van Zijne Majesteit de Sultan en Yang Dipertuan van Brunei Darussalam betreffende de status van Nederlands militair personeel ten behoeve van training

1

The Military personnel shall have the right to enter into, stay and depart from the territory of the receiving State. The Military personnel shall have the same freedom of movement as is accorded to nationals of the receiving State.

2

The authorities of the receiving State shall allow the Military personnel unimpeded entry into and exit from the territory of the receiving State in accordance with the national laws and regulations of the receiving State.

1

Subject to the provisions of this Article,

• a)

  the military authorities of the sending State shall have the right to exercise within the receiving State all criminal and disciplinary jurisdiction conferred on them by the law of the sending State over all persons subject to the military law of that State;

• b)

  the authorities of the receiving State shall have jurisdiction over the military personnel with respect to offences committed within the territory of the receiving State and punishable by the law of that State.

2

• a)

  The military authorities of the sending State shall have the right to exercise exlusive jurisdiction over persons subject tot the military law of that State with respect to offences, including offences relating to its security, punishable by the law of the sending State, but not by the law of the receiving State.

• b)

  The authorities of the receiving State shall have the right to exercise exclusive jurisdiction over the military personnel with respect to offences, including offences relating to the security of that State, punishable by its law but not by the law of the sending State.

• c)

  For the purposes of this paragraph and of paragraph 3 of this Article a security offence against a State shall include:

  • (i)

    treason against the State;

  • (ii)

    sabotage, espionage or violation of any law relating to official secrets of that State, or secrets relating to the national defence of that State;

3

In case where the right to exercise jurisdiction is concurrent the following rules shall apply:

• a)

  The military authorities of the sending State shall have the primary right to exercise jurisdiction over a member of the military personnel or of a civilian component in relation to:

  • (i)

    offences solely against the property or security of that State, or offences solely against the person or property of another member of the military personnel or civilian component of that State.

  • (ii)

    offences arising out of any act or omission done in the performance of official duty.

• b)

  In the case of any other offence the authorities of the receiving State shall have the primary right to exercise jurisdiction.

• c)

  If the State having the primary right decides not to exercise jurisdiction, it shall notify the authorities of the other State as soon as practicable. The authorities of the State having the primary right shall give sympathetic consideration to a request from the authorities of the other State for a waiver of its right in cases where that other state considers such waiver to be of particular importance.

4

The foregoing provisions of this Article shall not imply any right for the military authorities of the sending State to exercise jurisdiction over persons who are nationals of or ordinarily resident in the receiving State, unless they are military personnel.

5

• a)

  The authorities of the receiving and sending States shall assist each other in the arrest of military personnel in the territory of the receiving State and in handing them over to the authority which is to exercise jurisdiction in accordance with the above provisions.

• b)

  The authorities of the receiving State shall notify promptly the military authorities of the sending State of the arrest of any members of the military personnel.

• c)

  The custody of an accused member of the military personnel over whom the receiving State is to exercise jurisdiction shall, if he is in the hands of the sending State, remain with that State until he is charged by the receiving State.

6

• a)

  The authorities of the receiving and sending States shall assist each other in the carrying out of all necessary investigations into offences, and in the collection and production of evidence, including the seizure and, in proper cases, the handing over of objects connected with an offence. The handing over of such objects may, however, be made subject to their return within the time specified by the authority delivering them.

• b)

  The authorities of the Parties shall notify one another of the disposition of all cases in which there are concurrent rights to exercise jurisdiction.

7

• a)

  A death sentence shall not be carried out in the receiving State by the authorities of the sending State if the legislation of the receiving State does not provice for such punishment in a similar case.

• b)

  The authorities of the receiving State shall give sympathetic consideration to a request from the authorities of the sending State for assistance in carrying out a sentence of imprisonment pronounced by the authorities of the sending State under the provision of this Article within the territory of the receiving State.

8

Where an accused has been tried in accordance with the provisions of this Article by the authorities of one Contracting Party and has been acquitted, or has been convicted and is serving, or has served, his sentence or has been pardoned, he may not be tried again for the same offence within the same territory by the authorities of the other Contracting Party. However, nothing in this paragraph shall prevent the military authorities of the sending State from trying a member of its force for any violation of rules of discipline arising from an act or omission which constituted an offence for which he was tried by the authorities of the receiving State.

9

Whenever a member of the military personnel is prosecuted under the jurisdiction of a receiving State he shall be entitled:

• a)

  to a prompt and speedy trial;

• b)

  to be informed, in advance of trial, of the specific charge or charges made against him;

• c)

  to be confronted with the witnesses against him;

• d)

  to have compulsory process for obtaining witnesses in his favour, if they are within the jurisdiction of the receiving State;

• e)

  to have legal representation of his own choice for his defence or to have free or assisted legal representation under the conditions prevailing for the time being in the receiving State;

• f)

  if he considers it necessary, to have the services of a competent interpreter; and

• g)

  to communicate with a representative of the Government of the sending State and when the rules of the court permit, to have such a representative present at his trial

1

The receiving State waives the right to levy import and export fees, duties, taxes and other charges otherwise leviable in the receiving State on equipment, materials, supplies and other property imported into the receiving State by the sending State in connection with this Agreement.

2

Equipment, materials, supplies and other property imported into the receiving State by the sending State in connection with this Agreement shall be exempt from inspection.

3

Baggage, personal effects, products and other property for the personal use of the Military personnel imported into the receiving State shall be exempt from import and export fees, duties, taxes and other charges otherwise leviable in the receiving State.

1

The Contracting Parties waive any claims (other than contractual claims) against each other for damage to or loss of government property and for injury (including injury resulting in death) suffered by their personnel arising out of official duties.

2

Paragraph 1 of this Article is not applicable if damage to or loss of government property or injury suffered by the personnel mentioned in that paragraph has been the result of gross negligence or willful misconduct.

3

Third party claims for any loss, damage or injury caused by the Military personnel shall be settled by the receiving State on behalf of the sending State in accordance with the laws and regulations of the receiving State. Costs related to the settlement of any such claim shall be reimbursed by the sending State.

4

Third party claims for any loss, damage or injury caused by personnel of both Contracting Parties in the performance of their official duties shall be settled by the receiving State, also on behalf of the sending State, in accordance with the laws and regulations of the receiving State. Costs related to the settlement of any such claim shall be distributed between the Contracting Parties on an equal basis.