Briefwisseling tussen de Regering van het Koninkrijk der Nederlanden en de Haagse Conferentie voor Internationaal Privaatrecht inzake het verlenen van nadere voorrechten en immuniteiten

I

a). In addition to the privileges and immunities accorded to staff members of the Permanent Bureau, the Secretary-General shall, together with members of the family forming part of his or her household, not being private servants, enjoy the privileges and immunities to which a head of a diplomatic mission in the Netherlands is entitled, unless he or she is a Netherlands national.

b). The Secretary-General shall not practise for personal profit any professional or commercial activity in the Netherlands outside his or her official functions with the Conference.

c). The members of the family forming part of the household of the Secretary-General shall not, when they practise a professional or commercial activity for personal profit in the Netherlands enjoy immunity from administrative and civil jurisdiction in respect of acts performed in the course of, or in connection with, the practice of such activity. However, the immunity with regard to the execution of a judgement will stand, unless waived by the Conference.

(d). With regard to activities referred to in paragraph (c), the persons concerned shall not enjoy any fiscal exemption or privilege or exemption from Netherlands social security provisions.

II

The Permanent Bureau shall notify the Government of the Kingdom of the Netherlands of:

• a). the appointment of a Secretary-General and of other staff-members of the Permanent Bureau, their arrival and their final departure, or the termination of their functions with the Permanent Bureau, as well as address and change of address.

• b). the arrival and final departure of members of the families forming part of the households of the persons referred to in paragraph (a) and, where appropriate, the fact that a person has ceased to form part of the household.

III

a). In the event that the Permanent Bureau shall have established its own social security system or has adhered to a social scheme offering coverage comparable to the coverage under Netherlands legislation, the Permanent Bureau and its staff members to whom the aforementioned scheme applies, shall be exempt from social security provisions in force in the Netherlands.

b). The provisions of paragraph a) shall apply, mutatis mutandis, to the members of the family forming part of the households of the individuals referred to in paragraph a), unless they are employed in the Netherlands otherwise than by the Conference or unless they are in the domestic service of the aforesaid households.

IV

The privileges and immunities herewith provided for are granted on the understanding that the Conference has the duty to waive the immunity of the persons concerned whenever it is considered that the immunity would impede the course of justice, and where it could be waived without prejudice to the purpose for which the immunities and privileges are accorded.