Notawisseling houdende een verdrag tussen het Koninkrijk der Nederlanden en het Sierra Leone Tribunaal inzake het transport en de opslag van de archieven van het Tribunaal

1. The Transportation and Storage of the Special Court’s archives shall be at the expense of the Special Court.
2. The Kingdom of the Netherlands shall only bear liability for damages and losses occurred to the archives of the SCSL in case these damages and losses are the result of gross negligence and intentional acts of its officers in connection with the Transportation of the archives by the Royal Netherlands Air Force.

During the Transportation and Storage of the Special Court’s archives, the Special Court (and upon its succession, the Residual Special Court) shall at all times retain exclusive ownership of the archives and remain exclusively responsible for the “Chain of Custody” of the archives.

In accordance with Article 2 of the Headquarters Agreement between the Kingdom of the Netherlands and the Special Court for Sierra Leone, of 19 June 2006, the provisions of the Agreement between the Kingdom of the Netherlands and the United Nations concerning the Headquarters of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, concluded at New York on 29 July 1994, as amended (hereinafter referred to as “the Agreement”), shall apply, mutatis mutandis, in connection with the Transportation and Storage, in particular:
a) The archives of the Special Court, and in general all documents and materials made available, belonging to or used by the Special Court, shall be inviolable, as mentioned in Article IX of the Agreement;
b) The assets, income and other property of the Special Court, shall be exempt from all direct taxes, as mentioned in Article X of the Agreement;
c) All persons referred to in Article XIV, XV, XVII, XVIII and XIX of the Agreement shall have the right of unimpeded entry into, exit from and movement within the Kingdom of the Netherlands, and they shall be granted facilities for speedy travel as mentioned in Article XXIII of the Agreement.

1. Operational arrangements shall be made in connection with the Transportation and Storage.
2. The conditions of storage and access to the Special Court’s archives shall be regulated by a Memorandum of Understanding between the Special Court and the Kingdom of the Netherlands.