27 (2012) Nr. 1

A. TITEL

Briefwisseling houdende een verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Verenigde Naties inzake een CTED-bijeenkomst met betrekking tot de bevriezing van fondsen en andere bezittingen van individuen of entiteiten die betrokken zijn bij terroristische activiteiten, te Amsterdam van 22 tot en met 24 oktober 2012;

New York, 11 oktober 2012

B. TEKST

Nr. I

UNITED NATIONS

COUNTER-TERRORISM COMMITTEE

EXECUTIVE DIRECTORATE

28 August 2012

Excellency,

I have the honour to refer to a global initiative to be led by the Counter-Terrorism Committee Executive Directorate (CTED) on behalf of the Counter Terrorism Committee aimed at enhancing Member States’ capacity to comply with their obligation pursuant to Security Council resolution 1373 (2001) to freeze without delay the funds and other assets of individuals or entities involved in terrorist activities.

The initiative will consist of an initial expert meeting (hereinafter “Meeting”) and a series of regional expert workshops. The Meeting will be held from 22 to 24 October 2012 in Amsterdam, in cooperation with the Central Bank of the Netherlands, and will be attended by up to 50 representatives of Member States, intergovernmental organizations, private-sector entities and other United Nations bodies. The premises for the Meeting will be provided by the Central Bank of the Netherlands in accordance with the arrangements set out in CTED letter dated 28 August 2012. Participants will be responsible for funding their own expenses related to their participation in the Meeting, including travel, accommodation and meals. CTED will be responsible for the substantive planning and running of the Meeting.

In this regard, I have the honour to thank the Government of the Kingdom of the Netherlands for facilitating the initial meeting and to attach herewith the proposed terms of reference. CTED looks forward to continued cooperation with your Government and with the Central Bank of the Netherlands concerning the necessary preparations for the Meeting.

I wish to propose that the following terms shall be applicable to this Meeting:

  • 1. The Convention on the Privileges and Immunities of the United Nations adopted by the General Assembly on 13 February 1946 (hereinafter referred to as “the Convention”), to which the Netherlands is a party, shall be applicable in respect to the Meeting;

    • a) In particular, representatives of States shall enjoy the privileges and immunities accorded under Article IV of the Convention. The participants invited by the United Nations shall enjoy the privileges and immunities accorded to experts on mission for the United Nations under articles VI and VII of the Convention. Officials of the United Nations participating in or performing functions in connection with the Meeting shall enjoy the privileges and immunities provided under articles V and VII of the Convention. Officials of the Specialized Agencies participating in the Meeting shall be accorded the privileges and immunities provided under articles VI and VIII of the Convention on the Privileges and Immunities of the Specialized Agencies, adopted by the General Assembly, on 21 November 1947;

    • b) Without prejudice to the provisions of the Convention, all participants and persons performing functions in connection with the Meeting shall enjoy such privileges and immunities, facilities and courtesies as are necessary for the independent exercise of their functions in connection with the Meeting.

    • c) All participants and all persons performing functions in connection with the Meeting shall have the right to unimpeded entry and exit from the Netherlands. Visas and entry permits, where required, shall be granted free of charge. This does not exclude the presentation by the Government of well-founded objections concerning a particular individual. Such objections, however, must relate to specific criminal or security-related matters and not to nationality, religion, professional or political affiliation. When applications are made four weeks before the opening of the Meeting, visas shall be granted not later than two weeks before the opening of the Meeting. If the application is made less than four weeks before the opening, visas shall be granted as speedily as possible and not later than three days before the opening. Arrangements shall also be made to ensure that visas for the duration of the Meeting are delivered at the airport of arrival to those who are unable to obtain them prior to their arrival. Exit permits, where required, shall be granted free of charge, as speedily as possible and in any case not later than three days before the closing of the Meeting.

  • 2. The Government shall furnish such police protection as may be required to ensure the effective functioning of the Meeting in an atmosphere of security and tranquillity free from interference of any kind.

I further propose that upon receipt of your Government’s confirmation in writing of the above, this exchange of letters shall constitute an Agreement between the United Nations and the Kingdom of the Netherlands on the holding of the Meeting, which shall enter into force on the date of your reply and shall remain in force for the duration of the Meeting, and for such additional period as is necessary for its preparation and for all matters relating to any of its provisions to be settled.

Please accept, Excellency, the assurances of my highest consideration.

MIKE SMITH Executive Director Counter-Terrorism Committee Executive Directorate

His Excellency

Mr. Herman Schaper

Permanent Representative of the Kingdom of the Netherlands to the United Nations

Nr. II

NETHERLANDS PERMANENT REPRESENTATIVE TO THE UNITED NATIONS

New York, October 11, 2012

Dear Mr. Smith,

I have the honour to refer to your letter of August 2012 relating to an Agreement to be concluded between the Government of the Kingdom of the Netherlands and the United Nations concerning the expert meeting organized by the Counter-Terrorism Committee Executive Directorate (CTED) aimed at enhancing Member States’ capacity to comply with their obligations pursuant to Security Council resolution 1373 (2001) to freeze without delay the funds and other assets of individuals or entities involved in terrorist activities (hereinafter referred to as “the Meeting”), to be held in Amsterdam, the Netherlands, from 22 to 24 October 2012, which reads as follows:

(Zoals in Nr. I)

I am authorized by the Government of the Kingdom of the Netherlands to state that it agrees to the proposals regarding the organization of the Meeting.

Furthermore, I am authorized to state that the Kingdom of the Netherlands considers your letter and this reply as together constituting an Agreement between the Government of the Kingdom of the Netherlands and the United Nations concerning the expert meeting organized by the Counter-Terrorism Committee Executive Directorate (CTED) aimed at enhancing Member States’ capacity to comply with their obligations pursuant to Security Council resolution 1373 (2001) to freeze without delay the funds and other assets of individuals or entities involved in terrorist activities, which shall enter into force on the date of this reply and shall remain in force for the duration of the Meeting and for such additional period as is necessary for its preparation and winding up, the total duration of this Agreement, however, not to exceed one year.

Please accept, Sir, the assurances of my highest consideration.

Yours sincerely, HERMAN SCHAPER

Mr. Michael Smith

Executive Director

Counter-Terrorism Committee Executive Directorate (CTED)

Chrysler Building

405 Lexington Avenue

Room CH-5137

New York, NY 10017

D. PARLEMENT

Het in de brieven vervatte verdrag behoeft ingevolge artikel 7, onderdeel c, van de Rijkswet goedkeuring en bekendmaking verdragen niet de goedkeuring van de Staten-Generaal.

G. INWERKINGTREDING

De bepalingen van het in de brieven vervatte verdrag zijn ingevolge het gestelde in de op één na laatste alinea van de brieven Nr. I en Nr. II op 11 oktober 2012 in werking getreden.

Het in de brieven vervatte verdrag zal ingevolge dezelfde alinea niet langer dan één jaar van kracht zijn.

Wat betreft het Koninkrijk der Nederlanden, geldt het in de brieven vervatte verdrag alleen voor Nederland (het Europese deel).

In overeenstemming met artikel 19, tweede lid, van de Rijkswet goedkeuring en bekendmaking verdragen heeft de Minister van Buitenlandse Zaken bepaald dat het in de brieven vervatte verdrag zal zijn bekendgemaakt in Nederland (het Europese deel) op de dag na de datum van uitgifte van dit Tractatenblad.

Uitgegeven de vierentwintigste oktober 2012.

De Minister van Buitenlandse Zaken, U. ROSENTHAL

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