Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Verenigde Staten van Amerika inzake de totstandkoming van een raamwerk voor samenwerking op het gebied van defensieaangelegenheden

This Agreement provides a framework to facilitate defense cooperation activities. Such defense cooperation activities may include, but are not limited to the following:
– Research, development, testing, and evaluation;
– Production and follow-on support;
– Exchange of information;
– Exchange of personnel;
– Military exercises and operations;
– Maintenance, in-service and logistic support, supplies, and services;
– Education; and
– Lease or loan of equipment and material.

Whenever the Parties’ national defense organizations, within the limits of defense responsibilities and authorities as established by the respective Party, enter into memoranda of understanding (MoUs) or other written arrangements for defense cooperation activities, such MoUs or other written arrangements shall only be subject to this Agreement if this Agreement is explicitly invoked by such MoUs or other written arrangements.

1. Regarding issues of civil liability of either Party or the members of the force or civilian component and criminal jurisdiction over members of the force or civilian component, the NATO SOFA, the Stationing Agreement, or the Caribbean SOFA, as applicable, shall apply pursuant to their terms.
2. Regarding issues of civil liability that are not governed by either the NATO SOFA, the Stationing Agreement, or the Caribbean SOFA, the following shall apply except in the case of the lease or loan of equipment and material covered by Article V (Lease or Loan of Equipment or Material) of this Agreement:
2.1. Each Party waives all claims against the other for injury to or death of its personnel and for damage to its property arising from the performance of official duties.
2.2. In the event of claims from third parties for injury to or death of persons or damage to or loss of property arising from the performance of official duties, the Parties shall share the costs of such claims in accordance with the proportions stated in the MoUs or other written arrangements subject to this Agreement.
2.3. However, if the Parties jointly determine that injury, death, damage, or loss within the scope of paragraphs 2.1. or 2.2. of this Article results from reckless acts or reckless omissions, willful misconduct, or gross negligence of a Party’s military or civilian personnel, the costs of any liability shall be borne by that Party in accordance with its national rules, regulations, and policies.
2.4. Claims arising under any contract implementing the MoUs or other written arrangements subject to this Agreement shall be resolved in accordance with the provisions of the contract and shall be settled between the national defense organizations in accordance with those MoUs or other written arrangements subject to this Agreement.

The following provisions shall apply with respect to rights to own and use information, equipment, or material, as applicable, provided or developed under the MoUs or other written arrangements subject to this Agreement:
1. Information that is generated outside of the MoUs or other written arrangements subject to this Agreement and that is subsequently provided by the national defense organization of one Party to the national defense organization of the other Party in the performance of those MoUs or other written arrangements subject to this Agreement, shall be used by or for the other Party’s national defense organization only as set out in those MoUs or other written arrangements.
2. Information that is generated by or for a Party’s national defense organization in the performance of the MoUs or other written arrangements subject to this Agreement shall be used by or for the other Party’s national defense organization only as set out in those MoUs or other written arrangements.
3. Information jointly generated by or for the Parties’ national defense organizations shall be used by or for each Party’s national defense organization only as set out in the MoUs or other written arrangements subject to this Agreement.
4. Title to information generated by or for the Parties’ national defense organizations shall be allocated, as necessary, solely to the Party or jointly to the Parties and their contractors as set out in the MoUs or other written arrangements subject to this Agreement.
5. Neither Party shall sell, transfer title to, disclose, or transfer possession of the following information, or equipment, or material to any third party without the prior written consent of the other Party: 5.1. information generated outside of the MoUs or other written arrangements subject to this Agreement and provided to one Party by the other Party;
5.2. information generated in the performance of the MoUs or other written arrangements subject to this Agreement; or
5.3. equipment or material provided by or for the other Party, jointly acquired, or that may be specified in the MoUs or other written arrangements subject to this Agreement.
5.1. information generated outside of the MoUs or other written arrangements subject to this Agreement and provided to one Party by the other Party;
5.2. information generated in the performance of the MoUs or other written arrangements subject to this Agreement; or
5.3. equipment or material provided by or for the other Party, jointly acquired, or that may be specified in the MoUs or other written arrangements subject to this Agreement.

The Parties shall meet all financial obligations as specified in the MoUs or other written arrangements subject to this Agreement. The obligations of the Parties shall be subject to the availability of funds for the purposes of this Agreement and those specified in the MoUs or other written arrangements subject to this Agreement, in accordance with the respective national laws and regulations of the Parties to this Agreement.

Regarding the lease or loan of equipment and material, the receiving Party shall use such equipment or material as set out in the MoUs or other written arrangements subject to this Agreement. The receiving Party shall be responsible for maintaining such equipment or material in good order, repair, and operable condition. Unless the providing Party has authorized the equipment or material to be expended or otherwise consumed without reimbursement to the providing Party, the receiving Party shall return the equipment or material to the providing Party in as good condition as received, normal wear and tear excepted, or return the equipment or material and pay the cost to restore it to its condition at the time of receipt, normal wear and tear excepted. If the material or equipment is damaged beyond economical repair, the receiving Party shall return the equipment or material to the providing Party (unless otherwise specified in the MoUs or other written arrangements subject to this Agreement) and pay the replacement value unless otherwise specified in the MoUs or other written arrangements subject to this Agreement, which shall be computed pursuant to the providing Party’s laws and regulations. If the equipment or material is lost while in the custody of the receiving Party, the receiving Party shall issue a certificate of loss to the providing Party and pay the replacement value unless otherwise specified in the MoUs or other written arrangements subject to this Agreement, which shall be computed pursuant to the providing Party’s laws and regulations.

1. In the event the Mutual Support Agreement or its successor Agreement does not apply, the provisions for logistic support of this Article may be invoked.
2. Regarding logistics support, each Party shall utilize its best efforts, consistent with national priorities of the supplying country, not only in peacetime but also in periods of emergency or active hostilities, to satisfy written requests of the other Party for food, water, billeting, transportation (including airlift), petroleum, oil, lubricants, clothing, communication services, medical services, ammunition, storage services, training services, contracting and related services, repair and maintenance services, spare parts and components, access to and use of facilities, base operations support (including construction incident thereto), and airfield and port services, and shall make any payment or accounting therefor. Details regarding such logistics support shall be set out in the MoUs or other written arrangements subject to this Agreement.

The Government of the Kingdom of the Netherlands may provide to the Government of the United States of America, and representatives or agents of the United States Government as mutually determined, unimpeded access and use of facilities and areas in the Kingdom of the Netherlands, as mutually determined in MoUs or other written arrangements subject to this Agreement.

The provisions of the Annex to this Agreement shall apply to the assignment, placement, exchange, or liaison of units and personnel between the Parties’ national defense organizations pursuant to the MoUs or other written arrangements subject to this Agreement.

Any dispute regarding the interpretation, application, or implementation of this Agreement or any MoU or other written arrangement subject to this Agreement shall be resolved only by consultation between the Parties and shall not be referred to a national court, an international tribunal, or to any other person or entity for settlement.

This Agreement shall remain in force until terminated by the Parties or by either Party by giving six months’ notice through diplomatic channels of its intention to terminate it. However, the obligations of the Parties under this Agreement regarding liability and claims; protection of information, equipment, or material; lease or loan of equipment or material; payment for logistics support; and funding and disputes shall continue notwithstanding termination of this Agreement.
In the event of termination of this Agreement, the Parties’ national defense organizations shall consult regarding termination or continuation of any MoU or other written arrangement that is subject to this Agreement.

As regards the Kingdom of the Netherlands, this Agreement shall apply to the European part of the Netherlands. However, it may be extended to the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius, and Saba), Aruba, Curaçao, and Sint Maarten by amending the Agreement through an exchange of diplomatic notes.

This Agreement, including its Annex, which forms an integral part hereof, shall enter into force on the first day of the second month after the date of receipt of the later note exchanged between the Parties, through diplomatic channels, indicating that their respective internal procedures necessary for entry into force of this Agreement have been completed.