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13176 Netherlands - Agreement Extending to the Netherlands Antilles and Aruba the Application of the Agreement of October 28, 1996 on Mutual Administrative Assistance for the Proper Application of Customs Law


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13176

 


CUSTOMS

 

 

 

Agreement Between the
UNITED STATES OF AMERICA
and the NETHERLANDS


Extending the Agreement of October 28, 1996

Effected by Exchange of Notes
Dated at Washington April 27 and November 28, 2001

 

 

 



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

Customs

Agreement extending the agreement
of October 28, 1996.
Effected by exchange of notes
Signed at Washington April 27 and
November 28, 2001;
Entered into force December 13, 2002.

No. PCdP-2604/01
The Royal Netherlands Embassy presents its compliments to the Department of State and has
the honor to refer to the Agreement on Mutual Administrative Assistance for the Proper
Application of Customs Law and for the Prevention, Investigation and Combatting of
Customs Offenses between the Kingdom of the Netherlands and the United States of America
signed at Washington on 28 October 1996 (hereinafter referred to as "the Agreement").
The Government of the Kingdom of the Netherlands proposes that, in accordance with Article
20, paragraph 2 of the Agreement, the application of the Agreement shall be extended to the
Netherlands Antilles and Aruba subject to the following.
1. For the Kingdom of the Netherlands, as regards the Netherlands Antilles and as regards
Aruba, the term "Customs Administration" shall mean the central administration
responsible for the implementation of customs laws, including the assessment of customs
duties, charges and other taxes.
2. The application of Article 5 and Article 15, paragraph 6, of the Agreement shall not be
extended to the Netherlands Antilles and Aruba.
3. The second sentence of Article 2, paragraph 4, of the Agreement shall apply only to the
Netherlands Antilles and Aruba, as the case may be, insofar as the bilateral and the
multilateral treaties referred to therein apply to those parts of the Kingdom of the
Netherlands, respectively.
4. National legal and administrative provisions in the sense of Article 16, paragraph 1, shall,
as regards the Netherlands Antilles and as regards Aruba, include Chapter 3 of the
Kingdom Act on mutual administrative assistance in customs matters, until such time as
legal and administrative provisions adopted by the Netherlands Antilles or Aruba,
respectively, come into force.
If the foregoing is acceptable to the Government of the United States of America, the
Embassy has the further honor to propose that this Note and the Department's reply to that
effect shall constitute an Agreement between the Kingdom of the Netherlands and the United
States of America which shall be provisionally applied as from the date of the Department's
reply and enter into force after the Kingdom of the Netherlands has notified the United States
of America in writing through diplomatic channels that its constitutional requirements for the
entry into force have been complied with.
The Royal Netherlands Embassy avails itself of this opportunity to reiterate to the Department
of State the assurances of its highest consideration.
Washington, D.C., April 27, 2001.
The U.S. Department of State,
220 C. Street N.W.
Washington, D.C. 20520.
The Department of State acknowledges receipt of note
No. PCdP-2604/01 dated April 27, 2001, from the Royal
Netherlands Embassy concerning the Agreement on Mutual
Administrative Assistance for the Proper Application of
Customs Law and for the Prevention, Investigation and
Combating of Customs Offenses between the United States of
America and the Kingdom of the Netherlands signed at
Washington October 28, 1996. The text of the aforesaid
note reads as follows:
"The Royal Netherlands Embassy presents its
compliments to the Department of State and has
the honor to refer to the Agreement on Mutual
Administrative Assistance for the Proper
Application of Customs Law and for the
Prevention, Investigation and Combating of
Customs Offenses between the Kingdom of the
Netherlands and the United States of America
signed at Washington on 28 October 1996
(hereinafter referred to as "the Agreement").
"The Government of the Kingdom of the Netherlands
proposes that, in accordance with Article 20,
paragraph 2 of the Agreement, the application of
the Agreement shall be extended to the
Netherlands Antilles and Aruba subject to the
following.
1. For the Kingdom of the Netherlands, as
regards the Netherlands Antilles and Aruba, the
term "Customs Administration" shall mean the
DIPLOMATIC NOTE
- 2 -
central administration responsible for the
implementation of customs laws, including the
assessment of customs duties, charges and other
taxes.
2. The application of Article 5 and Article 15,
paragraph 6, of the Agreement shall not be
extended to the Netherlands Antilles and Aruba.
3. The second sentence of Article 2,
paragraph 4, of the Agreement shall apply only to
the Netherlands Antilles and Aruba, as the case
may be, insofar as the bilateral and multilateral
treaties referred to therein apply to those parts
of the Kingdom of the Netherlands, respectively.
4. National legal and administrative provisions
in the sense of Article 16, paragraph 1, shall,
as regards the Netherlands Antilles and Aruba,
include Chapter 3 of the Kingdom Act on mutual
administrative assistance in customs matters,
until such time as legal and administrative
provisions adopted by the Netherlands Antilles
and Aruba, respectively, come into force.
"If the foregoing is acceptable to the Government
of the United States of America, the Embassy has
the further honor to propose that this Note and
the Department's reply to that effect shall
constitute an agreement between the Kingdom of
the Netherlands and the United States of America
which shall be provisionally applied as from the
date of the Department's reply and enter into
force after the Kingdom of the Netherlands has
notified the United States of America in writing
through diplomatic channels that its
constitutional requirements for the entry into
force have been complied with.
"The Royal Netherlands Embassy avails itself of
this opportunity to reiterate to the Department
of State the assurances of its highest
consideration."
- 3 -
The Department confirms that the above proposal is
acceptable to the Government of the United States of
America and that the Embassy's note and this note in reply
shall constitute an Agreement between the two Governments,
which shall be provisionally applied as from the date of
this note and enter into force after the Kingdom of the
Netherlands has notified the United States of America in
writing through diplomatic channels that its constitutional
requirements for the entry into force have been complied
with.
Department of State,
Washington, November 28, 2001.



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