TREATIES AND OTHER INTERNATIONAL ACTS SERIES 17-127

________________________________________________________________________

EMPLOYMENT

Agreement Between the

UNITED STATES OF AMERICA

and the NETHERLANDS

Amending the Agreement

Of June 23, 1986

Effected by Exchange of Notes at 

Washington October 25, 2012, 

July 11, 2013, and January 27, 2017
 NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
 NETHERLANDS

 Employment

 Agreement amending the agreement

 of June 23, 1986.

 Effected by exchange of notes at Washington

 October 25, 2012, July 11, 2013, and

 January 27, 2017;

 Entered into force January 27, 2017;

 With effect from July 1, 2014. 

 
The U.S. Department of State refers the Embassy ofthe Kingdom of the 

Netherlands to the Agreement between the Government of the United States of 

America and the Government of the Kingdom ofthe Netherlands relating to the 

employment of dependants of official government employees, effected by 

exchange ofnotes at the Hague June 23, 1986, which entered into force May 13, 

1987 ("the J986 Agreement"). 

The Department of State, on behalf of the Government ofthe United States 

of_America, refers to recent discussions between representatives of our two 

Governments and proposes that the.Agreement be amended as follows: 

1 . 	The opening paragraph ofthe Agreement shall be amentj.ed to replace t...1-ie 

phrase "and permanent missions" with.the phrase", permanent missions, 

and ofNATO personnel.'' 

2. 	 Article I (Purpose) oftbe Agreement shalJ be amended to replace the ph.-rase 

"and perm.arient ml:ssions. ofthe k.irigdom ofthe Netherlands" with the 

p.hrase ",permanent missions, and ofNATO personnel, ofthe Kingdom of 

the Netherlands". · 

3. 	 Article II (Definition) ofthe Agreement shall be deleted and replaced with 

the following: 

1. 	 In this Agreement, "dependants" means members of the family 

of diplomats, consular officers, or of the administrative and 

technical or service staff assigned to diplomatic missions, 

consular posts and permanent missions in the Kingdom of the 

DIPLOMATIC NOTE 
2 


Netherlands or the United States who form part of the 

household and who were notified as. such to the receiving state 

by the mission or post concerned, or the spouse or dependant 

children ofNATO personnel. 

2. 	 "NATO personnel" means a memben'.>f the military or civilian 

personnel ofthe Kingdom.of the Netherlands assigned to duty 

in the. territory ofthe United States, or ofthe United States 

assigned to duty in the territory ofthe Netherlands, to whom 

the Agreement between the Parties to the North Atlantic Treaty 

regarding the Status ofTheir Forces, done at London on 

June 19, 1951, applies, or such categories of civilian personnel 

in the employ ofthe Allied Headquarters to whom the Protocol 

on the Status ofInternational Military Headquarters set up 

pursuant to the North Atlantic Treaty, done at Paris August 28, 

1952, applies; or international civilian staff or experts on 

mission for NATO to whom the Agreement on the Status ofthe 

North Atlantic Treaty Organization National Representatives 

and International Staff done at Ottawa September 20, 1951, 

applies. 

4. 	 Article III (Procedure) ofthe Agreement shall be deleted and replaced with 

the following: 

1. 	 In the case of dependants of diplomats, consular officers, or of 

the administrative and technical or service staff assigned to 

diplomatic missions, consular posts, and permanent missions 

who seek permission to take up employment in the Kingdom of 

the Netherlands or in the United States, a written request shall 

be made by the Embassy ofthe United States in The Hague, or 

by the Embassy ofthe Kingdom ofthe Netherlands in 

Washington, to the Protocol Department ofthe Ministry of 

Foreign Affairs ofthe Kingdom ofthe Netherlands or ofthe 

United States Department of State. Such request shall identify 

the dependant and set forth a brief description ofthe nature of 

the employment. 

2. 	 In the case of dependants ofNATO personnel ofthe Kingdom of the 

Netherlands assigned to duty in the territory of the United States, an 
3 


official request must be made by the sponsoring command or the 

Embassy ofthe Kingdom ofthe Netherlands to the Office ofthe Legal 

Advisor, NATO/HQ SACT in Norfolk, Virginia. In the case of 

dependants ofNATO personnel ofthe United States assigned to duty 

in the territory ofthe Netherlands, a written request must be made 

through the office ofthe Royal Marechaussee Representative (RMR) 

at the Headquarters "Joint Force Command Brunssum" at Brunssum 

to the Netherlands Immigration and Naturalization Department (IND). 

5. 	 Article V (Inapplicability ofNational Laws), paragraph 2 (Entry and 

Residence Regulations), ofthe Agreement shall be amended to add the 

following second phrase: "This paragraph shall not apply to dependants of 

NATO personnel ofthe United States assigned to duty in the territory ofthe 

Netherlands." 

6. 	 Article VI (General Provisions), paragraph I (Termination ofPermission), of 

the Agreement shall be amended to replace the phrase "or permanent 

mission ofwhose family the dependant is a member" with the phrase ", 

permanent mission, or of the NATO personnel, ofwhose family the 

dependant is a member." Article VI (General Provisions), paragraph 2 

(Termination ofEmployment), ofthe Agreement shall be amended to 

replace the phrase "or permanent mission ofwhose family the dependant is a 

member" with the phrase ", permanent mission, or ofthe NATO personnel, 

ofwhose family the dependant is a member." 

7. 	 Article VII (Application to other parts ofthe Kingdom ofthe Netherlands) 

oftheAgreement shall be amended to replace the title "Application to other 

parts ofthe Kingdom ofthe Netherlands" with "Application." Article VII 

(Application), paragraph I, ofthe Agreement shall be deleted and replaced 

with the following: "In the case of dependants of diplomats, consular 

officers, or of the administrative and technical or service staff assigned to 

diplomatic missions, consular posts, and permanent missions, the application 

ofthis Agreement may be extended to either Aruba, Curac;ao, Sint Maarten 

or the Caribbean part ofthe Kingdom ofthe Netherlands upon notification 

by the Government ofthe Kingdom ofthe Netherlands to the Government of 

the United States of America." 

8. 	 Article VII (Application) ofthe Agreement shall be amended to add a new 

paragraph, which reads as follows: "2. This Agreement shall not apply to 
4 


dependants ofNATO personnel ofthe United States in the Netherlands 

whose employment authorization is the subject of another agreement in 

force between the Kingdom ofthe Netherlands and NATO." 

The Department of State proposes that, ifthe foregoing proposal is 

acceptable to the Government ofthe Kingdom ofthe Netherlands, this Note and 

the Embassy ofthe Kingdom ofthe Netherlands' affirmative Note in reply, shall 

constitute an agreement between our two Governments to amend the 1986 

Agreement, which shall enter into force on the first day ofthe second month after 

the date on which the Government ofthe Kingdom ofthe Netherlands notifies the 

Government ofthe United States ofAmerica that the applicable constitutional 

requirements have been fulfilled. Pending entry into force, the terms ofthis 

agreement shall be applied provisionally following the Embassy ofthe Kingdom of 

the Netherlands' affirmative Note in reply. 

OCJ.. 2. 52012 

Department of State, 

Washington, 
Note No. was/pa/2013/138 

The Embassy of the Kingdom of the Netherlands presents its compliments to the United States 

Department of State and has the honor to refer to the Department's note of October 25, 2012, which 

reads as follows: 

QUO 

"The U.S. Department of State refers the Embassy of the Kingdom of the Netherlands to the 

Agreement between the Government of the United States of America and the Government of the 

Kingdom of the Netherlands relating to the employment of dependants of official government 

employees, effected by exchange of notes at the Hague June 23, 1986, which entered into force May 

13, 	1987 ("the 1986 Agreement"). 

The Department of State, on behalf of the Government of the United States of America, refers to 

recent discussions between representatives of our two Governments and proposes that the Agreement 

be amended as follows: 

1. 	 The opening paragraph of the Agreement shall be amended to replace the phrase "and permanent 

missions" with the phrase", permanent missions, and of NATO personnel." 

2. 	 Article I (Purpose) of the Agre~ment shall be amended to replace the phrase "and permanent 

missions of the Kingdom of the Netherlands" with the phrase", permanent missions, and of NATO 

personnel, of the Kingdom of the Netherlands". 

3. 	 Article II (Definition) of the Agreement shall be deleted and replaced with the following: 

1. 	 In this Agreement, "dependants" means members of the family of diplomats, consular officers, 

or of the administrative and technical or service staff assigned to diplomatic missions, consular 

posts and permanent missions in the Kingdom of the Netherlands or the United States who 

form part of the household and who were notified as such to the receiving state by the mission 

or post concerned, or the spouse or dependant children of NATO personnel. 

2. 	 "NATO personnel" means a member of the military or civilian personnel of the Kingdom of the 

Netherlands assigned to duty in the territory of the United States, or of the United States 

assigned to duty in the territory of the Netherlands, to whom the Agreement between the 

Parties to the North Atlantic Treaty regarding the Status of Their Forces, done at London on 19 

June 1951, applies, or such categories of civilian personnel in the employ of the Allied 

Headquarters to whom the Protocol on the Status of International Military Headquarters set up 

pursuant to the North Atlantic Treaty, done at Paris 28 August 1952, applies; or international 

civilian staff or experts on mission for NATO to whom the Agreement on the Status of the 

North Atlantic Treaty Organization National Representatives and International Staff done at 

Ottawa 20 September 1951, applies. 

1 of 3 
4. Article III (Procedure) of the Agreement shall be deleted and replaced with the following: 

1. In the case of dependants of diplomats, consular officers, or of the administrative and 

technical or service staff assigned to diplomatic missions, consular posts, and permanent 

missions who seek permission to take up employment in the Kingdom of the Netherlands or in 

the United States, a written request shall be made by the Embassy of the United States in The 

Hague, or by the Embassy of the Kingdom of the Netherlands in Washington, to the Protocol 

Department of the Ministry of Foreign Affairs of the Kingdom of the Netherlands or of the 

United States Department of State. Such request shall identify the dependant and set forth a 

brief description of the nature of the employment. 

2. In the case of dependants of NATO personnel of the Kingdom of the Netherlands assigned 

to duty in the territory of the United States, an official request must be made by the 

sponsoring command or the Embassy of the Kingdom of the Netherlands to the Office of the 

Legal Advisor, NATO/HQ SACT in Norfolk, Virginia. In the case of dependants of NATO 

personnel of the United States assigned to duty in the territory of the Netherlands, a written 

request must be made through the office of the Royal Marechaussee Representative (RMR) at 

the Headquarters "Joint Force Command Brunssum" at Brunssum to the Netherlands 

Immigration and Naturalization Department (IND). 

5. Article V (Inapplicability of National Laws ) paragraph 2 (Entry and Residence Regulations) of the 

Agreement shall be amended to add the following second phrase: "This paragraph shall not apply to 

dependants of NATO personnel of the United States assigned to duty in the territory of the 

Netherlands". 

6. Article VI (General Provisions) paragraph 1 (Termination of Permission) of the Agreement shall be 

amended to replace the phrase "or permanent mission of whose family the dependant is a member" 

with the phrase ", permanent mission, or of the NATO personnel, of whose family the dependant is a 

member". Article VI (General Provisions) paragraph 2 (Termination of Employment) of the Agreement 

shall be amended to replace the phrase "or permanent mission of whose family the dependant is a 

member" with the phrase", permanent mission, or of the NATO personnel, of whose family the 

dependant is a member". 

7. Article VII (Application to other parts of the Kingdom of the Netherlands) of the Agreement shall be 

amended to replace the title "Application to other parts of the Kingdom of the Netherlands" with 

"Application". Article VII (Application) paragraph 1 of the Agreement shall be deleted and replaced 

with the following: "In the case of dependants of diplomats, consular officers, or of the 

administrative and technical or service staff assigned to diplomatic missions, consular posts, and 

permanent missions, the application of this Agreement may be extended to either Aruba, Curac;ao, 

Sint Maarten or the Caribbean part of the Kingdom of the Netherlands upon notification by the 

Government of the Kingdom of the Netherlands to the Government of the United States of America". 

8. Article VII (Application) of the Agreement a new paragraph shall be added which reads as follows: 

"2. This Agreement shall not apply to dependants of NATO personnel of the United States in the 

Netherlands whose employment authorization is the subject of another agreement in force between 

the Kingdom of the Netherlands and NATO." 

The Department of State proposes that, if the foregoing proposal is acceptable to the Government of 

the Kingdom of the Netherlands, this Note and the Embassy of the Kingdom of the Netherlands' 

affirmative Note in reply, shall constitute an agreement between our two Governments to amend the 

1986 Agreement which shall enter into force on the first day of the second month after the date on 

2 of 3 
which the Government of the Kingdom of the Netherlands notifies the Government of the United 

States of America that the applicable constitutional requirements have been fulfilled. Pending entry 

into force, the terms of this agreement shall be applied provisionally following the Embassy of the 

Kingdom of the Netherlands' affirmative Note in reply.". 

UNQUO 

The Embassy has the honor to state, as agreed between the Department of State and the Embassy, 

that paragraph 7 of the Department's Note is corrected by deleting the word "either" between 

"extended to" and "Aruba" and the words "the Kingdom of" between "Caribbean part of" and "the 

Netherlands upon". The proposed Article VII (Application) paragraph 1 of the Agreement shall thus 

read as follows: "In the case of dependants of diplomats, consular officers, or of the administrative 

and technical or service staff assigned to diplomatic missions, consular posts, and permanent 

missions, the application of this Agreement may be extended to Aruba, Curac;ao, Sint Maarten or the 

Caribbean part of the Netherlands upon notification by the Government of the Kingdom of the 

Netherlands to the Government of the United States of America". 

The Embassy of the Kingdom of the Netherlands has further the honor to inform that the proposals set 

forth in the Department's note are acceptable to the Kingdom of the Netherlands, with the correction 

of paragraph 7, and to confirm that the Department's Note and this Note shall constitute an 

Agreement between the two Governments to amend the 1986 Agreement, which enters into force on 

the first day of the second month after the date on which the Government of the Kingdom of the 

Netherlands notifies the Government of the United States of America that the applicable constitutional 

requirements have been fulfilled. Pending entry into force, the terms of this agreement shall be 

applied provisionally following the date of this Note. 

The Embassy of the Kingdom of the Netherlands avails itself of this opportunity to renew to the United 

States Department of State the assurances of its highest consideration. 

Washington, 11 July 2013 

H.E. Kathleen Doherty 

Assistant Secretary of State, Europa and Eurasian Affairs 

Department of State 

Room 6227 

3 of 3 
No 17-105 

The Department of State ofthe United States of America has the honor to 

refer the Embassy ofthe Kingdom ofthe Netherlands to Department of State 

diplomatic note dated October 25, 2012, proposing an agreement to amend the 

Agreement relating to the employment ofdependents of official government 

employees, effected by exchange of notes at the Hague June 23, 1986, and entered 

into force May 13, 1987 ("the 1986 Agreement"), and to the Embassy ofthe 

Kingdom ofthe Netherlands' note No. was/pa/2013/138, dated July 11, 2013, 

accepting the proposals in the aforementioned Department note, but also proposing 

changes to the proposal in paragraph 7 ofthe aforementioned Department note. 

The Department also has the honor to acknowledge receipt ofMinistry of 

Foreign Affairs ofthe Kingdom ofthe Netherlands diplomatic note No. 

MINBUZA-2014.210537, dated May 9, 2014, informing that the Kingdom ofthe 

Netherlands has fulfilled its constitutional requirements for entry into force ofthe 

above-referenced proposed agreement to amend the 1986 Agreement and 

requesting acknowledgment from the Embassy ofthe United States of America of 

the receipt ofthe Ministry's note, and MINBUZA-2015.53347, dated February 10, 

DIPLOMATIC NOTE 
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2015, again requesting notification from the Embassy ofthe date ofreceipt of 

Ministry note No. MINBUZA-2014.210537. 

The Department has the further honor to confirm acceptance by the 

Government ofthe United States ofAmerica ofthe changes proposed by the 

Embassy ofthe Kingdom ofthe Netherlands in its note No. was/pa/2013/138, 

dated July 11, 2013, to paragraph 7 ofthe above-referenced Department note dated 

October 25, 2012. 

Accordingly, Department of State diplomatic note dated October 25, 2012, 

and Embassy ofthe Kingdom ofthe Netherlands diplomatic note No. 

was/pa/2013/138, dated July 11, 2013, with the changes proposed to paragraph 7 of 

the Department's note, shall constitute an agreement between the two 

Governments which shall enter into force on the date ofthis note, with effect from 

July 1, 2014. 

Department of State, 


Washington, January 27, 2017.