TREATIES AND OTHER INTERNATIONAL ACTS SERIES 19-315.1

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FOREIGN ASSISTANCE

Agreement Between the 

UNITED STATES OF AMERICA

and the NETHERLANDS in respect of

CURACAO

Signed at Willemstad March 15, 2019
 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

 in respect of CURACAO

Foreign Assistance

 Agreement signed at Willemstad

 March 15, 2019;

 Entered into force March 15, 2019.

 
AGREEMENT BElWEEN 

THE KINGDOM OF THE NETHERLANDS, 

IN RESPECT OF CURA;AO, 

AND 

THE UNITED STATES OF AMERICA 

CONCERNING 

ACCESS TO AND USE OF FACILITIES 

IN CURA~ FOR HUMANITARIAN SUPPLIES 

RESERVeD FOR THE PEOPLE Of THE 

BOLIVARIAN REPUBLIC OF VENEZUELA 

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The Kingdom d the Netherlands, in respect of Curac;ao, 

and 

the United States of America (hereinafter referred to as the Parties), 

Have agreed as foffows: 
For the purposes d this Agreement: 

a. ·United states personner shall refer to the personnel mthe U.S. 

government who are present in cu~ in oonnectlon with this 

Agreement. 

b. ·facilities• shall refer to those sites, installations, structures, and areas, 

identified in writing by Cur898(> after consultation with the United States, 

to which the United States and Its Implementing Partners are authorized 

access and use, in connection with this Agreement. 

c. ·implementing Partners" shall refer to entities and Individuals operating 

under a grant or contract with the U.S. government. 

Article/I 

Purpose and authorization 

1. Cura98(> agrees to allow United States personnel and Implementing Partners 

aooess to and use of designated Facilities, solely for the purpose d providing 

humanitarian assistance for Venezuela and third countries affected by the aisls 

in Venezuela. 

2. Transport d humanitarian assistance under this Agreement to and from 

Cu~o shall take place with civilian assets unless otherwise authorized In 

acoordance with paragraph 5 of this Article. 

3. The transfer of humanitarian assistance directly from Curac;ao to Venezuela 

shall onfy take place if the situation permits an orderly distribution of the 

assistanoe in peaceful circumstances within Venezuela. 

4. Ifthe Kingdom ofthe Netherlands determines, after consultation with the United 

States, that the situation does not permit an orderly distribution cl the 

humanilarian assistance In peaceful circumstances within Venezuela, Cll'fl980 

shall not be used as a hub to transfer and distribute such assistance to 

Venezuela. Humanitarian assistance may, however, be transferred to and 

stored in anticipating transfer to Venezuela If the circumstances so 

permit; until that time, there shall be no transfer of humanitarian aeeistance to 

Venezuela. At any time, the United States and its Implementing Partners may 

transfer humanitarian assistance to third countries. 

5. The use of other assets is not aUowed under this Agreement unless k>gisticat 

circumstances require the use of such assets for transfer of the humanitarian 

assistance to Cura~o, and it shall only be allowed after prior consent of tile 

Klngdom of the Netherlands. 

Article Ill 

Respecting national laws 

United States personnel shall respect the laws of Cu~and shall abstain from any 

activity inconsistent with this Agreement 

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Article/V 

Security 

The authcdfes d CUrat;ao and the United States shall consult and take such steps 

as may be necessary to ensure the security of United States personnel, Implementing 

Partners, and Facilities in CuraQaO. The authorities d Curac;ao retain overall 

responsibility for the physical security of .the designated Facilities under this 

Agreement. The authorities d Curac;ao and the United States shall exchange any 

information relevant for this purpose. 

Article V 

Costs 

Costs that may be incumw:f in connection with or in the execution of this Agreement 

shall be addressed through separate obligating instruments. The United States 

expects to bear the costs incurred in connection with this Agreement subject to the 

terms and conditions agreed upon in such obligating instruments. 

Article VI 

Procurement 

The United States intends to endeavor to use its best efforts, oonsistent with 

applicable laws, regulations, and the assistance objectives under this Agreement, to 

procure humanitarian assistance in Cura~. 

Article VII 

Applicsbility ofFOL Agreement 

Except as othefwise provided for In this Agreement, Articles VI, VII (paragraphs 1-3), 

VIII, XJII, XVII, XVIII, and XIX (paragraphs 1, 2, 4 and 5) of the Agreement of 

Cooperation between the Kingdom of the Netherlands and the Government of the 

United States of America Concerning Aoo&ss to and Use of Facilities in the 

Netherlands Antilles and Aruba for Aerial Counter-Narcotics Activities, done at 

Oranjestad on 2 March 2000 ("FOL Agreementj, shaH apply mutatis mutandls to 

United States personnel, Implementing Partners or the U.S. government, as the case 

may be. For purposes of this Agreement, Implementing Partners shall receive the 

same guarantees, protections, and assurances as Contractors receive under the FOL 

Agreement. 

Article VIII 

Setllem&nt ofdisputes 

Any disagreements that may arise from the application or implementation d this 

Agreement shall be settled through consultation between the appropriate authorities 

ofUla Parties, Including, as necessary, through diplomatic chaMels. 

Artlcle IX 

Territorlal applicability 

With regard to the Kingdom of the Netherlands, this Agreement shalt apply to 

Cuf8980. 
Arlie/ex 

Entry into force; duration 

This Agreement shall enter Into force on the date of 1he last signature by the Par1le& 

and shall remain In force for the duration of the activities under this Agreement, but In 

any case for no longer than a period ofone year. 

This AQreement may be renewed by mutual written agreement ofthe Parties. 

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective 

Governments, have signed this Agreement 

SIGNED in duplicate in the English language. 

,~~ 

Date: ur fntu.e,L ~t>l_[I 

l,.Ji//u..o./i) J.. 

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