Notawisseling houdende een Verdrag tussen het Koninkrijk der Nederlanden en het Gemenebest Dominica met betrekking tot de status van het personeel van het ministerie van Defensie van het Koninkrijk der Nederlanden wanneer aanwezig op het grondgebied van het Gemenebest Dominica ten behoeve van humanitaire bijstand en rampenbestrijding

1

This agreement shall apply in situations where military forces of the Kingdom of the Netherlands are present in the territory of the Commonwealth of Dominica for the purpose of humanitarian assistance or disaster relief, in response to a request of the Commonwealth of Dominica, either bilateral or through an international organization.

2

For the purpose of this Agreement and its implementation:

• a.

  The term “Personnel” means military or civilian personnel of the Ministry of Defence of the sending State.

• b.

  The term “Military personnel” means the military personnel of the Ministry of Defence of the sending State, including foreign military personnel forming an integral part of military units of the sending State.

• c.

  The term “sending State” means the Kingdom of the Netherlands.

• d.

  The term “receiving State” means the Commonwealth of Dominica.

1

The authorities of the receiving State shall allow the Personnel unimpeded entry into and exit from the territory of the receiving State with a passport or a military identity card. The Personnel shall be exempt from visa regulations, immigration inspection, entry and exit fees, duties or any other entry or exit requirements. The Personnel shall have freedom of movement and access to and use of all facilities required for the purpose of 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, import and export fees, duties, taxes and other charges otherwise leviable in the receiving State.

1

The Personnel shall respect the laws in force in the receiving State and shall refrain from any activity inconsistent with the spirit of this Agreement.

2

Disciplinary jurisdiction over the Personnel shall remain a prerogative of the competent authorities of the sending State.

3

The Personnel shall not be liable to any form of arrest or detention.

4

The Personnel shall enjoy immunity from the criminal, civil and administrative jurisdiction of the receiving State for all acts performed by them in their official capacity. The immunity from jurisdiction may be waived by the sending State in writing only.

1

The Military personnel may carry arms and ammunition on condition that they are authorised to do so by their orders.

2

The Military personnel may use arms and ammunition only for the purpose of self-defence or defence of others against acts which endanger life or are likely to cause serious bodily harm.

1

The Contracting Parties waive any claims against each other for damage to or loss of

government property and for injury (including injury resulting in death) suffered by the Personnel of the Contracting Parties, 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 wilful misconduct.

1

The authorities of the sending State who are present in the receiving State are authorised to take charge of the repatriation of the body of a deceased member of the Personnel, as well as his personal possessions, and may take appropriate measures to this end.

2

An autopsy on the body of a deceased member of the Personnel may only be performed with the consent of the authorities of the sending State and in the presence of a representative thereof, to the extent permitted by the laws of the receiving State.