Verdrag tussen het Koninkrijk der Nederlanden en de Verenigde Staten van Amerika inzake samenwerking bij de veiligheid van de burgerluchtvaart

1

The Agencies responsible for implementing this Agreement on behalf of the Parties (hereinafter the “Implementing Authorities”) shall be:

For the United States of America: the Federal Aviation Administration (“FAA”);

For the Kingdom of the Netherlands: the individual aviation authorities (including air navigation service providers) of the Kingdom of the Netherlands, namely:

In respect of Aruba: the Department of Civil Aviation of Aruba or any successor agency;

In respect of Curaçao: the Curaçao Civil Aviation Authority or any successor agency;

In respect of the Netherlands: Civil Aviation Authority – The Netherlands or any successor agency and, as may be relevant for the implementation of this Agreement, Luchtverkeersleiding Nederland (“LVNL”) as the Air Navigation Service Provider or any successor agency;

In respect of Sint Maarten: the Department of Civil Aviation of Sint Maarten or any successor agency and the Princess Juliana International Airport as the Air Navigation Service Provider or any successor agency; and

In respect of Curaçao and the Netherlands island of Bonaire: the Dutch Caribbean Air Navigation Service Provider, Inc. (“DC-ANSP”) or any successor agency.

2

As regards the Kingdom of the Netherlands, this Agreement shall only apply to Aruba, Curaçao, Sint Maarten and the Caribbean part of the Netherlands (Bonaire, Sint Eustatius and Saba). The application of this Agreement may be extended to the European part of the Netherlands through written notification by the Government of the Kingdom of the Netherlands and written acceptance by the United States.

3

Each of the Implementing Authorities of the Kingdom of the Netherlands may, pursuant to this Agreement, develop and conclude legally binding contractual agreements or non-legally binding arrangements with the FAA that shall contain the technical and operational details necessary to implement this Agreement. Such contractual agreements or arrangements shall set forth the terms of civil aviation safety related technical cooperation between the Implementing Authorities and may address, but are not limited to, the following:

• A.

  The provision of air traffic services, including the coordination of traffic flows between U.S.-controlled airspace and the airspace controlled by Sint Maarten and the Caribbean part of the Netherlands;

• B.

  The installation and maintenance of FAA facilities and equipment necessary for the provision of air traffic services within U.S.-controlled airspace and the airspace controlled by Aruba, Curaçao, Sint Maarten and the Caribbean part of the Netherlands;

• C.

  The provision of aviation technical assistance, including in the form of equipment loans and purchases, flight inspections of navigation aids, training, and related technical services; and

• D.

  The exchange of information on the regulation and oversight of aviation safety.

1

Subject to paragraph 2 of this Article, the Government of Aruba, the Government of Curaçao, the Government of Sint Maarten, and the Government of the Netherlands, as the case may be, acting on behalf of the Kingdom of the Netherlands, shall hold the Government of the United States of America, any agency, contractor or employee thereof harmless from any and all claims and legal proceedings arising out of work performed on behalf of, or equipment provided to, Aruba, Curaçao, Sint Maarten and the Caribbean part of the Netherlands pursuant to this Agreement and any contractual agreement or arrangement referred to in Article I.3.C.

2

Acts by the Government of the United States or any agency, contractor or employee thereof arising out of or relating to this Agreement that are determined by agreement of the Parties (i) to constitute intentional misconduct or gross negligence, and (ii) to have resulted in personal injury, death, or property damage, shall not be considered within the scope of the obligation in paragraph 1 of this Article. For the purposes of this Agreement, gross negligence means the willful, wanton, and reckless disregard for the safety of life and property, not ordinary negligence.

3

Contractual claims shall be settled by the arrangements set forth in the respective contracts.

1

Any amendments to this Agreement shall be mutually agreed upon by the Parties and shall come into force on the date on which the Parties have informed each other in writing, through the exchange of diplomatic notes, of the completion of their respective internal procedures for entry into force of the amendment.

2

The Implementing Authorities may agree in writing to amend any contractual agreement or non-binding arrangement referred to in Article I.3.

1

Any disagreement concerning the interpretation or application of this Agreement shall be resolved by consultation between the Parties and shall not be referred to any international tribunal, arbitration, or third party for settlement.

2

The Parties shall ensure that any disagreement concerning the interpretation or application of the contractual agreements or arrangements referred to in Article I.3 shall be resolved by consultation between the appropriate authorities of the Parties and shall not be referred to any international tribunal, arbitration, or third party for settlement.

1

Pending its entry into force, this Agreement shall be applied provisionally from the date of its signature.

2

This Agreement shall enter into force on the first day of the second month following the date of the last written notification, through diplomatic channels, by which the Parties shall have notified each other of the completion of all necessary internal procedures for entry into force of this Agreement.

3

This Agreement shall continue in force indefinitely unless it is terminated by either Party by giving six months’ notice thereof through diplomatic channels to the other Party. Such notice may, however, be withdrawn before the end of the six-month period by written consent of both Parties.