LegalizeGastlandverdrag tussen het Koninkrijk der Nederlanden, ten behoeve van Sint Maarten, en de Verenigde Naties inzake de vestiging van een kantoor van het United Nations Office for Project Services in Sint Maarten
The Kingdom of the Netherlands, in respect of Sint Maarten,
and
the United Nations,
Whereas the United Nations (UN), through its subsidiary organization the United Nations Office for Project Services (UNOPS), established by UN General Assembly decision 48/501 of 19 September 1994, wishes to establish an office in Philipsburg, Sint Maarten to facilitate the implementation of its mandate;
Whereas the Kingdom of the Netherlands, in respect of Sint Maarten, wishes to facilitate the work of UNOPS in this regard;
Desiring to lay down conditions concerning the privileges, immunities, facilities, and services of and related to the Office of UNOPS in the territory of Sint Maarten as are necessary for the fulfilment of the purposes of the Office;
The United Nations and the Kingdom of the Netherlands, in respect of Sint Maarten, have entered into this Agreement in a spirit of friendly co-operation and agreed as follows:
PART I. GENERAL PROVISIONS
Article 1. Use of terms
For the purpose of this Agreement:
- a). “Agreement” means this Host State Agreement between the Kingdom of the Netherlands, in respect of Sint Maarten, and the United Nations;
- b). “Host Country” means Sint Maarten, as a constituent country of the Kingdom of the Netherlands;
- c). “UNOPS” means the United Nations Office for Project Services;
- d). “Office” means the Office of UNOPS in Sint Maarten;
- e). “Government” means the Government of Sint Maarten;
- f). “Parties” means UNOPS and the Kingdom of the Netherlands, in respect of Sint Maarten, each of which shall be referred to herein as a “Party”;
- g). “General Convention” means the Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly of the United Nations on 13 February 1946, to which the Kingdom of the Netherlands acceded on 19 April 1948;
- h). “Vienna Convention” means the Vienna Convention on Diplomatic Relations of 18 April 1961, to which the Kingdom of the Netherlands acceded on 7 September 1984;
- i). The “Head of the Office” means the person appointed by the Executive Director to head the Office;
- j). “officials of the Office” means the Head of the Office, UN staff who are assigned by the Secretary-General to serve as part of the Office, and persons assigned by the Executive Director to perform services on behalf of UNOPS or the Office;
- k). “experts on mission” means persons, other than officials of the Office, who, on a temporary basis, perform missions at the request of or on behalf of the Office;
- l). “family members forming part of the household” means:
- •. spouses and registered partners of a staff member of the Office continuously living with the staff member;
- •. children of the staff member under the age of 18;
- •. children of the staff member up to and including the age of 27 provided that they are unmarried, financially dependent on their parents and living continuously with their parent(s) during their posting in the Host Country; and
- •. any such member of the immediate family of the staff member of the Office as may be agreed upon between the Host Country and the United Nations.
- m). “premises” means buildings, parts of buildings and areas, including installations and facilities made available to, maintained, occupied or used by the Office in the territory of the Host Country in consultation with the Host Country, in connection with its functions and purposes on Sint Maarten;
- n). “property” means, without prejudice to the General Convention, all property (be it material, real, or intellectual), assets, and funds belonging to the Office or held or administered by the Office in the territory of the Host Country in furtherance of its functions;
- o). “Ministry of Foreign Affairs” means the Ministry of Foreign Affairs of the Kingdom of the Netherlands;
- p). “competent authorities” means national, provincial, municipal and other competent authorities under the laws, regulations and customs of the Host Country;
- q). “Secretary-General” means the Secretary-General of the United Nations;
- r). “Executive Director” means the Executive Director of UNOPS.
Article 2. Establishment of the Office
UNOPS shall establish an Office in the Host Country, to carry out functions in accordance with the mandate of UNOPS set out in United Nations General Assembly Resolution 65/176 and Executive Board decisions 2009/25, 2010/21, 2013/23, 2015/12, 2016/12, 2016/19, 2017/16 and subsequent decisions.
The seat of the Office shall be located in Philipsburg, Sint Maarten.
Article 3. Purpose and scope of this Agreement
This Agreement shall regulate matters relating to or arising out of the establishment and the proper functioning of the Office in the Host Country. It shall, inter alia, create conditions conducive to the stability and independence of the Office and facilitate its smooth and efficient functioning.
PART II. STATUS OF THE OFFICE
Article 4. Juridical personality
The Office shall possess full juridical personality in the Host Country. This shall, in particular, include the capacity:
- a). to contract;
- b). to acquire and dispose of movable and immovable property; and
- c). to institute legal proceedings.
For the purpose of this Article, the Office shall be represented by the Head of the Office.
Article 5. Privileges, immunities and facilities
The Office shall enjoy, in the territory of the Host Country, such privileges, immunities and facilities as are necessary for the fulfilment of its purposes.
The General Convention shall apply to the Office and the archives of the Office. Furthermore, the Office shall enjoy the privileges, immunities and facilities set out in this Agreement.
Article 6. Inviolability of the premises
The premises shall be inviolable. The competent authorities shall ensure that the Office is not dispossessed and/or deprived of all or any part of its premises without its express consent.
The competent authorities shall not enter the premises to perform any official duty, except with the express consent, or at the request of the Head of the Office, or an official designated by him or her. Judicial actions and the service or execution of legal process, including the seizure of private property, cannot be enforced on the premises except with the consent of, and in accordance with conditions approved by, the Head of the Office, or an official designated by him or her.
In case of fire or other emergency requiring prompt protective action, or in the event that the competent authorities have reasonable cause to believe that such an emergency has occurred or is about to occur on the premises, the consent of the Head of the Office, or an official designated by him or her, to any necessary entry into the premises shall be presumed if neither of them can be contacted in time.
Subject to paragraphs 1, 2 and 3 of this Article, the competent authorities shall take the necessary action to protect the premises against fire or other emergency.
The Office shall prevent its premises from being used as a refuge by persons who are avoiding arrest or the proper administration of justice under any law of the Host Country.
Article 7. Protection of the premises and their vicinity
The competent authorities of the Host Country shall exercise due diligence to ensure that the security and tranquillity of the premises are not impaired by any person or group(s) of persons attempting unauthorized entry into or onto the premises or creating disturbances in the immediate vicinity. As may be required for this purpose, the Host Country shall provide adequate police protection on the boundaries and in the vicinity of the premises.
If so requested by the Head of the Office, or an official designated by him or her, the competent authorities shall, in consultation with the Head of the Office, or an official designated by him or her, to the extent it is deemed necessary by the competent authorities, provide adequate protection, including police protection, for the preservation of law and order on the premises and for the removal of persons therefrom.
The Office shall provide the competent authorities with all information relevant to the security and protection of the premises.
Article 8. Law and authority on the premises
The premises of the Office shall be under the control and authority of the Office, as provided for in this Agreement.
Except as otherwise provided in this Agreement or the General Convention, the laws and regulations of the Host Country, and, where applicable, the Kingdom of the Netherlands shall apply on the premises.
The Office shall apply United Nations rules and regulations as are necessary for the carrying out of its functions. No laws or regulations of the Host Country and, where applicable, the Kingdom of the Netherlands, which are inconsistent with the rules and regulations of the United Nations under this paragraph shall, to the extent of such inconsistency, be applicable on the premises.
Any dispute between the Office and the Host Country as to whether a rule or regulation of the United Nations comes within the ambit of this Article or as to whether a law or regulation of the Host Country or, where applicable, the Kingdom of the Netherlands is inconsistent with a rule or regulation of the United Nations under this Article shall promptly be settled by the procedure under Article 33 of this Agreement. Pending such settlement, the rule or regulation that is the subject of the dispute shall apply and the law or regulation of the Host Country shall be inapplicable on the premises to the extent that the Office claims it to be inconsistent with the rule or regulation in question.
Article 9. Public services for the premises
The competent authorities shall facilitate, to the best of their abilities and as far as practically feasible, upon the request of the Head of the Office, or an official designated by him or her, on fair and equitable conditions, access to the public services needed by the Office such as, but not limited to, postal, telephone, telegraphic services, any means of communication, electricity, water, gas, sewage, collection of waste, fire protection, local transportation and cleaning of public streets.
In cases where the services referred to in paragraph 1 of this Article are made available to the Office by the competent authorities, or where the prices thereof are under their control, the rates for such services shall not exceed the lowest comparable rates accorded to accredited foreign missions.
In case of force majeure, resulting in a complete or partial disruption of the above-mentioned services, the Office shall be accorded the same priority given to governmental agencies and organs of the Host Country.
Upon request of the competent authorities, the Head of the Office, or an official designated by him or her, shall make suitable arrangements to enable duly authorized representatives of the appropriate public services to inspect, repair, maintain, reconstruct and relocate utilities, conduits, mains and sewers on the premises under conditions which shall not unreasonably disturb the carrying out of the functions of the Office.
Article 10. Flags, emblems and markings
The Office shall be entitled to display the United Nations’ flags, logos, emblems and markings on its premises and on vehicles used for official purposes.
Article 11. Funds, assets and other property
The Office, its funds, assets and other property, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process, except insofar as in any particular case the Secretary-General has expressly waived its immunity. It is understood, however, that no waiver of immunity shall extend to any measure of execution.
Funds, assets and other property of the Office, wherever located and by whomsoever held, shall be immune from search, seizure, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.
To the extent necessary to carry out the functions of the Office, funds, assets and other property of the Office, wherever located and by whomsoever held, shall be exempt from restrictions, regulations, controls or moratoria of any nature.
Article 12. Inviolability of archives, documents and materials
The archives of the Office, and all papers and documents in whatever form, and materials being sent to or from the Office, held by the Office or belonging to it, wherever located and by whomsoever held, shall be inviolable.
Article 13. Facilities and immunities in respect of communications
The Office shall have the right to operate all appropriate means of communication, including electronic means of communication, and shall have the right to use codes or ciphers for its official communications and correspondence. The official communications and correspondence of the Office shall be inviolable.
The Office shall have the right to dispatch and receive correspondence and other materials or communications by courier or in sealed bags, which shall enjoy the same privileges, immunities and facilities as diplomatic couriers and bags.
No censorship shall be applied to the official communications or correspondence of the Office. Such immunity from censorship shall extend to printed matter, photographic and electronic data communications and other forms of communication as may be used by the Office. The Office shall have the right to operate radio, satellite and other telecommunication equipment on the United Nations-registered frequencies or frequencies allocated to it by the Host Country in accordance with its national procedures. The Host Country shall endeavour to allocate to the Office, to the extent possible, frequencies for which it has applied.
Article 14. Freedom of financial assets from restrictions
Without being restricted by financial controls, regulations, notification requirements in respect of financial transactions, or moratoria of any kind, the Office:
- a). may hold and use funds, gold or negotiable instruments of any kind and maintain and operate accounts in any currency and convert any currency held by it into any other currency;
- b). shall be free to transfer its funds, gold or currency from one country to another, or within the Host Country; and
- c). may raise funds in any manner which it deems desirable, except that with respect to the raising of funds within the Host Country, the Office shall obtain the concurrence of the competent authorities.
Article 15. Exemption from taxes and duties for the Office and its property
Within the scope of its official activities, the Office, its assets, income and other property shall be exempt from:
- a). all direct taxes, whether levied by national, provincial or local authorities, which includes, inter alia, corporation tax;
- b). import and export taxes and duties (belastingen bij invoer en uitvoer);
- c). motor vehicle tax (motorrijtuigenbelasting);
- d). tax on passenger motor vehicles and motorcycles (belasting van personenauto’s en motorrijwielen);
- e). value added tax (omzetbelasting) paid on goods and services supplied on a recurring basis or involving considerable expenditure;
- f). excise duties (accijnzen) included in the price of alcoholic beverages and hydrocarbons such as fuel oils and motor fuels, as well as chemical supplies;
- g). real property transfer tax (overdrachtsbelasting);
- h). insurance tax (assurantiebelasting);
- i). energy tax (energiebelasting);
- j). tax on mains water (belasting op leidingwater); and
De raadpleging van dit document komt niet in de plaats van het lezen van het oorspronkelijke Staatsblad of de Staatscourant. Wij aanvaarden geen aansprakelijkheid voor eventuele onnauwkeurigheden die voortvloeien uit de omzetting van het origineel naar dit formaat.