Title: wetten.nl - Regeling - Verdrag tussen het Koninkrijk der Nederlanden en de Verenigde Staten van Amerika inzake samenwerking bij de veiligheid van de burgerluchtvaart - BWBV0006162

Source: https://wetten.overheid.nl/BWBV0006162/

Content:
{"title": "wetten.nl - Regeling - Verdrag tussen het Koninkrijk der Nederlanden en de Verenigde Staten van Amerika inzake samenwerking bij de veiligheid van de burgerluchtvaart - BWBV0006162", "content": "Verdrag tussen het Koninkrijk der Nederlanden en de Verenigde Staten van Amerika inzake\n                           samenwerking bij de veiligheid van de burgerluchtvaart\n\nThe Kingdom of the Netherlands and the United States of America (hereinafter referred\n                                       to collectively as the \u201cParties\u201d and individually as a \u201cParty\u201d);\n\nConsidering their common purpose of promoting civil aeronautics and safety of air\n                                       commerce between the Kingdom of the Netherlands and the United States of America;\n\nDeclaring their mutual commitment to the safety of international aviation;\n\nRecognizing that the Kingdom of the Netherlands and the United States of America,\n                                       as parties to the Convention on International Civil Aviation (Chicago, 7 December 1944), have a mutual interest in ensuring the continued improvement\n                                       of civil aviation safety;\n\nDesiring to cooperate in the provision of services with respect to aviation safety\n                                       that may be needed by the aviation authorities of the Kingdom of the Netherlands;\n\nSeeking to promote continued cooperation in the orderly, efficient, and safe control\n                                       and use of airspace of the Kingdom of the Netherlands;\n\nHave agreed as follows:\n\n1 The Agencies responsible for implementing this Agreement on behalf of the Parties\n                                             (hereinafter the \u201cImplementing Authorities\u201d) shall be:\n\nFor the United States of America: the Federal Aviation Administration (\u201cFAA\u201d);\n\nFor the Kingdom of the Netherlands: the individual aviation authorities (including\n                                             air navigation service providers) of the Kingdom of the Netherlands, namely:\n\nIn respect of Aruba: the Department of Civil Aviation of Aruba or any successor agency;\n\nIn respect of Cura\u00e7ao: the Cura\u00e7ao Civil Aviation Authority or any successor agency;\n\nIn respect of the Netherlands: Civil Aviation Authority \u2013 The Netherlands or any successor\n                                             agency and, as may be relevant for the implementation of this Agreement, Luchtverkeersleiding\n                                             Nederland (\u201cLVNL\u201d) as the Air Navigation Service Provider or any successor agency;\n\nIn respect of Sint Maarten: the Department of Civil Aviation of Sint Maarten or any\n                                             successor agency and the Princess Juliana International Airport as the Air Navigation\n                                             Service Provider or any successor agency; and\n\nIn respect of Cura\u00e7ao and the Netherlands island of Bonaire: the Dutch Caribbean Air\n                                             Navigation Service Provider, Inc. (\u201cDC-ANSP\u201d) or any successor agency.\n\n2 As regards the Kingdom of the Netherlands, this Agreement shall only apply to Aruba,\n                                             Cura\u00e7ao, Sint Maarten and the Caribbean part of the Netherlands (Bonaire, Sint Eustatius\n                                             and Saba). The application of this Agreement may be extended to the European part\n                                             of the Netherlands through written notification by the Government of the Kingdom of\n                                             the Netherlands and written acceptance by the United States.\n\n3 Each of the Implementing Authorities of the Kingdom of the Netherlands may, pursuant\n                                             to this Agreement, develop and conclude legally binding contractual agreements or\n                                             non-legally binding arrangements with the FAA that shall contain the technical and\n                                             operational details necessary to implement this Agreement. Such contractual agreements\n                                             or arrangements shall set forth the terms of civil aviation safety related technical\n                                             cooperation between the Implementing Authorities and may address, but are not limited\n                                             to, the following:\n\nA. The provision of air traffic services, including the coordination of traffic flows\n                                                   between U.S.-controlled airspace and the airspace controlled by Sint Maarten and the\n                                                   Caribbean part of the Netherlands;\n\nB. The installation and maintenance of FAA facilities and equipment necessary for the\n                                                   provision of air traffic services within U.S.-controlled airspace and the airspace\n                                                   controlled by Aruba, Cura\u00e7ao, Sint Maarten and the Caribbean part of the Netherlands;\n\nC. The provision of aviation technical assistance, including in the form of equipment\n                                                   loans and purchases, flight inspections of navigation aids, training, and related\n                                                   technical services; and\n\nD. The exchange of information on the regulation and oversight of aviation safety.\n\nEach of the Implementing Authorities of the Kingdom of the Netherlands, on the one\n                                       hand, and the FAA, on the other, shall take the necessary measures to assure continual\n                                       cooperation with respect to safety of civil aviation in, but not limited to, managerial,\n                                       operational, and technical areas.\n\nAny activities undertaken pursuant to this Agreement shall be subject to the availability\n                                       of funds and resources of the Implementing Authorities of the Parties. Any contractual\n                                       agreements or other arrangements referred to in Article I.3, shall specify that all activities implementing this Agreement shall be subject to\n                                       the availability of funds and resources of the Implementing Authorities.\n\nAny equipment imported into the Kingdom of the Netherlands by the FAA pursuant to\n                                       the contractual agreements or arrangements referred to in Article I.3, shall be exempt from custom tax or tariffs.\n\n1 Subject to paragraph 2 of this Article, the Government of Aruba, the Government of\n                                             Cura\u00e7ao, the Government of Sint Maarten, and the Government of the Netherlands, as\n                                             the case may be, acting on behalf of the Kingdom of the Netherlands, shall hold the\n                                             Government of the United States of America, any agency, contractor or employee thereof\n                                             harmless from any and all claims and legal proceedings arising out of work performed\n                                             on behalf of, or equipment provided to, Aruba, Cura\u00e7ao, Sint Maarten and the Caribbean\n                                             part of the Netherlands pursuant to this Agreement and any contractual agreement or\n                                             arrangement referred to in Article I.3.C.\n\n2 Acts by the Government of the United States or any agency, contractor or employee\n                                             thereof arising out of or relating to this Agreement that are determined by agreement\n                                             of the Parties (i) to constitute intentional misconduct or gross negligence, and (ii)\n                                             to have resulted in personal injury, death, or property damage, shall not be considered\n                                             within the scope of the obligation in paragraph 1 of this Article. For the purposes\n                                             of this Agreement, gross negligence means the willful, wanton, and reckless disregard\n                                             for the safety of life and property, not ordinary negligence.\n\n3 Contractual claims shall be settled by the arrangements set forth in the respective\n                                             contracts.\n\nEach Party and its Implementing Authorities may at any time request consultations\n                                       relating to this Agreement with the other Party or its Implementing Authorities. Such\n                                       consultations shall begin at the earliest possible date, but not later than 60 days\n                                       from the date the other Implementing Authority or Party receives the request unless\n                                       otherwise agreed. Requests for consultations shall be forwarded through diplomatic\n                                       channels.\n\n1 Any amendments to this Agreement shall be mutually agreed upon by the Parties and\n                                             shall come into force on the date on which the Parties have informed each other in\n                                             writing, through the exchange of diplomatic notes, of the completion of their respective\n                                             internal procedures for entry into force of the amendment.\n\n2 The Implementing Authorities may agree in writing to amend any contractual agreement\n                                             or non-binding arrangement referred to in Article I.3.\n\n1 Any disagreement concerning the interpretation or application of this Agreement shall\n                                             be resolved by consultation between the Parties and shall not be referred to any international\n                                             tribunal, arbitration, or third party for settlement.\n\n2 The Parties shall ensure that any disagreement concerning the interpretation or application\n                                             of the contractual agreements or arrangements referred to in Article I.3 shall be resolved by consultation between the appropriate authorities of the Parties\n                                             and shall not be referred to any international tribunal, arbitration, or third party\n                                             for settlement.\n\n1 Pending its entry into force, this Agreement shall be applied provisionally from the\n                                             date of its signature.\n\n2 This Agreement shall enter into force on the first day of the second month following\n                                             the date of the last written notification, through diplomatic channels, by which the\n                                             Parties shall have notified each other of the completion of all necessary internal\n                                             procedures for entry into force of this Agreement.\n\n3 This Agreement shall continue in force indefinitely unless it is terminated by either\n                                             Party by giving six months\u2019 notice thereof through diplomatic channels to the other\n                                             Party. Such notice may, however, be withdrawn before the end of the six-month period\n                                             by written consent of both Parties.\n\nIN WITNESS WHEREOF, the undersigned being duly authorized by their respective Governments,\n                                    have signed this Agreement.\n\nDONE at Washington, this 23rd day of May, 2013, in duplicate, in the English language.\n\nFor the Kingdom of the Netherlands,\n\nR. BEKINK\n\nO.E. ODUBER\n\nE.W. BALBORDA\n\nR.F. PANTOPHLET\n\nFor the United States of America,\n\nJULIE OETTINGER\n\nAssistant Administrator for Policy,\n\nInternational Affairs, and Environment"}