Title: wetten.nl - Regeling - Verdrag tussen het Koninkrijk der Nederlanden en Oekraïne inzake de internationale missie tot bescherming van onderzoek - BWBV0006375

Source: https://wetten.overheid.nl/BWBV0006375/

Content:
{"title": "wetten.nl - Regeling - Verdrag tussen het Koninkrijk der Nederlanden en Oekra\u00efne inzake de internationale missie tot bescherming van onderzoek - BWBV0006375", "content": "Verdrag tussen het Koninkrijk der Nederlanden en Oekra\u00efne inzake de internationale\n                           missie tot bescherming van onderzoek\n\n[Regeling vervallen per 01-08-2023]\n\nUkraine, hereinafter referred to as \u201cthe Receiving State\u201d\n\nand\n\nthe Kingdom of the Netherlands, hereinafter referred to \u201cthe Sending State\u201d\n\ncollectively referred to as \u201cthe Parties\u201d;\n\nhaving regard to the provisions of UN Security Council Resolution 2166 of 21 July\n                                       2014;\n\ntaking into account the Memorandum of Understanding signed on 24 July 2014 between\n                                       the Minister for Foreign Affairs of Ukraine and the Minister of Foreign Affairs of\n                                       the Kingdom of the Netherlands Concerning the Investigations Regarding the Accident\n                                       of the Downing of a Civilian Aircraft, Malaysian Airlines Flight MH 17 on July 17,\n                                       2014;\n\nHave agreed the following:\n\n[Regeling vervallen per 01-08-2023]\n\n1.1 The multinational International Mission for Protection of Investigation (hereinafter\n                                             referred to as the Mission) led by the Sending State shall be established to facilitate\n                                             the recovery of remains and the conduct of the investigation called for in United\n                                             Nations Security Council Resolution 2166 of 21 July 2014, and other activities as\n                                             may be agreed between the Parties.\n\n1.2 The Mission shall consist of military and non-military personnel from the Sending\n                                             State and Australia and other States whose nationals were on flight MH17 as appropriate.\n\n1.3 The Mission shall be composed of up to 700 armed personnel.\n\n1.4 The Mission shall have freedom of movement within Ukraine to travel to areas relevant\n                                             to the investigation of the aircraft crash. The Mission shall seek the consent of\n                                             Ukraine for any travel to areas not relevant to the investigation of the aircraft\n                                             crash.\n\n1.5 While staying in the territory of Ukraine the Mission shall be subordinated to the\n                                             Head of the International Mission for Protection of Investigation to be appointed\n                                             by the Sending State (hereinafter referred to as the Head of Mission).\n\n1.6 It is the duty of the Mission to respect the law of the Receiving State, and to abstain\n                                             from any activity inconsistent with the spirit of the present Agreement, and, in particular,\n                                             from any political activity in the Receiving State.\n\n1.7 The Mission will maintain contact with all parties, including with the OSCE Special\n                                             Monitoring Mission which, in order to fulfil its tasks, establishes contact with local,\n                                             regional and national authorities, civil society, ethnic and religious groups, and\n                                             members of the local population in accordance with its mandate as long as applicable.\n\n1.8 Activities of the Mission on the territory of the Receiving State shall be completed\n                                             simultaneously with the completion of the activities referred to in paragraph 1 of\n                                             this Article or as otherwise agreed between the Parties.\n\n[Regeling vervallen per 01-08-2023]\n\n2.1 Weapons, equipment, ground and air vehicles, fuel and oil, materials and other products\n                                             for use by the Mission personnel shall be temporarily imported into the territory\n                                             of the Receiving State free of duties.\n\n2.2 Technical details of the Mission logistics support shall be determined by the competent\n                                             authorities of the Parties.\n\n2.3 Logistics and financial support of the Mission shall be provided by the Sending State.\n\n[Regeling vervallen per 01-08-2023]\n\n3.1 The Mission personnel shall be allowed to possess and carry weapons and to use force\n                                             in self-defense and for fulfillment of its activities under this Agreement.\n\n[Regeling vervallen per 01-08-2023]\n\n4.1 During its stay on the territory of the Receiving State the Mission shall be allowed\n                                             to use public bases, training centers, training grounds and other facilities of the\n                                             Receiving State upon agreement between the Head of Mission and the entities of the\n                                             Receiving State responsible for the administration of such facilities.\n\n4.2 Amounts and procedure of payment of the rent of land, other real estate, including\n                                             residential and other facilities, as well as fees for the use of water, use of airspace\n                                             of Ukraine, air-navigation, and information support, providing municipal, domestic\n                                             and other services shall be determined between the Sending State and entities of the\n                                             Receiving State responsible for the administration of such objects or providing such\n                                             services.\n\n[Regeling vervallen per 01-08-2023]\n\n5.1 The Parties will waive all claims against each other arising out of activities under\n                                             this Agreement. Claims arising out of acts or omissions of the Mission personnel in\n                                             relation to activities under this Agreement, and causing damage, injury or death in\n                                             Ukraine to third parties will be dealt with and met by Ukraine in accordance with\n                                             its national laws, regulations and policies. Claims not arising out of activities\n                                             under this Agreement will be settled as mutually determined by the Parties.\n\n[Regeling vervallen per 01-08-2023]\n\n6.1 Personnel of the Mission shall be accorded the status equivalent to that accorded\n                                             to the administrative and technical staff of a diplomatic mission of a state that\n                                             is a party to the Vienna Convention on Diplomatic Relations of 18 April 1961.\n\n[Regeling vervallen per 01-08-2023]\n\n7.1 The Mission personnel shall be allowed to wear field uniforms for the purposes of\n                                             the activities under this Agreement.\n\n[Regeling vervallen per 01-08-2023]\n\n8.1 Settlement of all disputes between the Parties concerning the interpretation and application\n                                             of this Agreement shall be resolved through consultations and negotiations.\n\n[Regeling vervallen per 01-08-2023]\n\n9.1 This Agreement is without prejudice to any obligations between Receiving State and\n                                             other States participating in the Mission taken under the International Law.\n\n[Regeling vervallen per 01-08-2023]\n\n10.1 This Agreement shall enter into force on the date of receipt by the Sending State\n                                             of the diplomatic notification of completion by the Receiving State of its internal\n                                             procedures necessary for the Agreement to enter into force, for the duration of one\n                                             year.\n\n10.2 Each Party may terminate this Agreement by written notification to the other Party\n                                             regarding such intent not less than 30 days before the envisaged date of the termination\n                                             of this Agreement.\n\n10.3 Upon written consent of the Parties this Agreement may be amended in the form of protocols\n                                             to this Agreement which shall constitute an integral part of this Agreement.\n\nDONE at Kyiv on 28 July 2014, in two originals, each in English and Ukrainian, with\n                                    both texts equally authentic.\n\nFor the Kingdom of the Netherlands\n\nF.C.G.M. TIMMERMANS\n\nFor Ukraine\n\nVOLODYMYR HROYSMAN"}