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

Article I Scope and definitions 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. 2019 157 17-10-2019 2019 157 17-10-2019 01-10-2019

Article II Entry and exit requirements 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. 2019 157 17-10-2019 2019 157 17-10-2019 01-10-2019

Article III Discipline and jurisdiction 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. 2019 157 17-10-2019 2019 157 17-10-2019 01-10-2019

Article IV Arms 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. 2019 157 17-10-2019 2019 157 17-10-2019 01-10-2019

Article V Driving permits The receiving State shall accept as valid, without test and without payment of fees, the current and valid driving permit or licence or military driving permit of the Personnel for the category of motor vehicles identical to those for which the permit has been issued by the sending State. 2019 157 17-10-2019 2019 157 17-10-2019 01-10-2019

Article VII Claims 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. 2019 157 17-10-2019 2019 157 17-10-2019 01-10-2019

Article VIII Death in service 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. 2019 157 17-10-2019 2019 157 17-10-2019 01-10-2019

Article IX Amendment Either Party may at any time propose negotiations to amend the provisions of this Agreement. 2019 157 17-10-2019 2019 157 17-10-2019 01-10-2019

Article X Settlement of disputes Any disagreements that may arise from the application or implementation of this Agreement shall be settled through consultation between the appropriate authorities of the Contracting Parties, including, as necessary, through diplomatic channels. 2019 157 17-10-2019 2019 157 17-10-2019 01-10-2019

Article XI Duration This Agreement shall remain in force for the duration of the presence of the Personnel of the Ministry of Defence of the Kingdom of the Netherlands in the Commonwealth of Dominica, but for no longer than one year from the date this Agreement enters into force. Notwithstanding, the provisions of this Agreement regarding the payment of claims shall remain in force for such time as is necessary to resolve any outstanding claims arising under this Agreement. The Agreement may be renewed by mutual written agreement of the Contracting Parties. 2019 157 17-10-2019 2019 157 17-10-2019 01-10-2019