TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-201

________________________________________________________________________

CIVIL AVIATION

Safety

Agreement Between the

UNITED STATES OF AMERICA

and the NETHERLANDS

Signed at Washington May 23, 2013
 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

Civil Aviation: Safety

 Agreement signed at Washington

 May 23, 2013;

 Entered into force February 1, 2014.
AGREEMENT 

BETWEEN 

THE UNITED STATES OF AMERICA 

AND 

THE KINGDOM OF THE NETHERLANDS 

CONCERNING COOPERATION IN CIVIL AVIATION 

SAFETY 

The United States of America and the Kingdom of the Netherlands (hereinafter referred to 

collectively as the "Parties" and individually as a "Party"); · 

Considering their common purpose of promoting civil aeronautics and safety of air commerce 

between the United States of America and the Kingdom of the Netherlands; 

Declaring their mutual commitment to the safety of international aviation; 

Recognizing that the United States of America and the Kingdom of the Netherlands, as parties to 

the Convention on International Civil Aviation (Chicago, 7 December 1944), have a mutual 

interest in ensuring the continued improvement of civil aviation safety; 

Desiring to cooperate in the provision of services with respect to aviation safety that may be 

needed by the aviation authorities of the Kingdom of the Netherlands; 

Seeking to promote continued cooperation in the orderly, efficient, and safe control and use of 

airspace ofthe Kingdom of the Netherlands; 

Have agreed as follows: 

Article I 

1. The Agencies responsible for implementing this Agreement on behalf of the Parties 

(hereinafter the "Implementing Authorities") shall be: 

For the United States of America: the Federal Aviation Administration ("FAA"); 
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For the Kingdom of the Netherlands: the individual aviation authorities (including air navigation 

service providers) ofthe Kingdom of the Netherlands, namely: 

In respect of Aruba: the Department of Civil Aviation of Aruba or any successor 

agency; 

In respect ofCura9ao: the Cura9ao Civil Aviation Authority or any successor 

agency; 

In respect of the Netherlands: Civil Aviation Authority- The Netherlands or any 

successor agency and, as may be relevant for the implementation of this 

Agreement, Luchtverkeersleiding Nederland ("L VNL") as the Air Navigation 

Service Provider or any successor agency; 

In respect ofSint Maarten: the Department of Civil Aviation ofSint Maarten or 

any successor agency and the Princess Juliana International Airport as the Air 

Navigation Service Provider or any successor agency; and 

In respect ofCura9ao and the Netherlands island of Bonaire: the Dutch 

Caribbean Air Navigation Service Provider, Inc. ("DC-ANSP") or any 

successor agency. 

2. As regards the Kingdom of the Netherlands, this Agreement shall only apply to Aruba, 

Cura9ao, Sint Maarten and the Caribbean part of the Netherlands (Bonaire, Sint Eustatius and 

Saba). The application ofthis Agreement may be extended to the European part of the 

Netherlands through written notification by the Government of the Kingdom of the Netherlands 

and written acceptance by the United States. 

3. Each of the Implementing Authorities of the Kingdom of the Netherlands may, pursuant 

to this Agreement, develop and conclude legally binding contractual agreements or non-legally 

binding arrangements with the FAA that shall contain the technical and operational details 

necessary to implement this Agreement. Such contractual agreements or arrangements shall set 

forth the terms of civil aviation safety related technical cooperation between the Implementing 

Authorities and may address, but are not limited to, the following: 

A. The provision of air traffic services, including the coordination of traffic flows 

between U.S.-controlled airspace and the airspace controlled by Sint Maarten and the 

Caribbean part of the Netherlands; 

B. The installation and maintenance ofF AA facilities and equipment necessary for the 

provision of air traffic services within U.S.-controlled airspace and the airspace 

controlled by Aruba, Cura9ao, Sint Maarten and the Caribbean part of the 

Netherlands; 

C. The provision of aviation technical assistance, including in the form of equipment 

loans and purchases, flight inspections of navigation aids, training, and related 

technical services; and 

D. The exchange of information on the regulation and oversight of aviation safety. 
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Article II 

Each of the Implementing Authorities of the Kingdom of the Netherlands, on the one hand, and 

the FAA, on the other, shall take the necessary measures to assure continual cooperation with 

respect to safety of civil aviation in, but not limited to, managerial, operational, and technical 

areas. 

Article III 

Any activities undertaken pursuant to this Agreement shall be subject to the availability of funds 

and resources of the Implementing Authorities of the Parties. Any contractual agreements or 

other arrangements referred to inArticle !.3, shall specify that all activities implementing this 

Agreement shall be subject to the availability of funds and resources of the Implementing 

Authorities. 

Article IV 

Any equipment imported into the Kingdom ofthe Netherlands by the FAA pursuant to the 

contractual agreements or arrangements referred to in Article !.3, shall be exempt from custom 

tax or tariffs. 

Article V 

1. Subject to paragraph 2 of this Article, the Government of Aruba, the Government of 

Cura9ao, the Government ofSint Maarten, and the Government ofthe Netherlands, as the case 

may be, acting on behalf of the Kingdom of the Netherlands, shall hold the Government of the 

United States of America, any agency, contractor or employee thereof harmless from any and all 

claims and legal proceedings arising out of work performed on behalf of, or equipment provided 

to, Aruba, Cura9ao, Sint Maarten and the Caribbean part of the Netherlands pursuant to this 

Agreement and any contractual agreement or arrangement referred to in Article I.3.C. 

2. Acts by the Government of the United States or any agency, contractor or employee 

thereof arising out of or relating to this Agreement that are determined by agreement of the 

Parties (i) to constitute intentional misconduct or gross negligence, and (ii) to have resulted in 

personal injury, death, or property damage, shall not be considered within the scope of the 

obligation in paragraph 1 of this Article. For the purposes of this Agreement, gross negligence 

means the willful, wanton, and reckless disregard for the safety oflife and property, not ordinary 

negligence. 

3. Contractual claims shall be settled by the arrangements set forth in the respective 

contracts. 
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Article VI 

Each Party and its Implementing Authorities may at any time request consultations relating to 

this Agreement with the other Party or its Implementing Authorities. Such consultations shall 

begin at the earliest possible date, but not later than 60 days from the date the other 

Implementing Authority or Party receives the request unless otherwise agreed. Requests for 

consultations shall be forwarded through diplomatic channels. 

Article VII 

1. Any amendments to this Agreement shall be mutually agreed upon by the Parties and 

shall come into force on the date on which the Parties have informed each other in writing, 

through the exchange of diplomatic notes, of the completion of their respective internal 

procedures for entry into force of the amendment. 

2. The Implementing Authorities may agree in writing to amend any contractual agreement 

or non-binding arrangement referred to in Article I.3. 

Article VIII 

1. Any disagreement concerni.Q.g the interpretation or application of this Agreement shall be 

resolved by consultation between the Parties and shall not be referred.to any international 

tribunal, arbitration, or third party for settlement. 

2. The Parties shall ensure that any disagreement conc<?rning the interpretation or 

application of the contractual agreements or arrangements referred to in Article I.3 shall be 

resolved by consultation between the appropriate authorities of the Parties and shall not be 

referred to any international tribunal, arbitration, or third party for settlement. 

Article IX 

1. Pending its entry into force, this Agreement shall be applied provisionally from the date 

of its signature. 

2. This Agreementshall enter into force on the first day of the second month following the 

date of the last written notification, through diplomatic channels, by which the Parties shall have 

notified each other of the completion of all necessary internal procedures for entry into force of 

this Agreement. 

3. This Agreement shall continue in force indefinitely unless it is terminated by either Party 

by giving six months' notice thereof through diplomatic channels to the other Party. Such notice 

may, however, be withdrawn before the end of the six-month period by written consent of both 

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

Governments, have signed this Agreement. 

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DONE at Washington, this twenty-third day of May, 2013, in duplicate, in the English language. 

FOR THE UNITED STATES OF AMERICA: 

tstant Administrator for Policy, 

ntemational Affairs, and Environment 

Federal Aviation Administration 

Department of Transportation