Exchange of notes between U.S. Vice Counsel John G. Day, and Foreign Minister of the Netherlands J.M.A.H. Luns, 27 July 1959
Document 3
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EMBASSY OF THE UNITED STATES OF AMERICA
I, John G. Day, Vice Consul of the United States of America at The Hague, Netherlands, duly commissioned and qualified, do hereby certify that the annexed copy of note No. 54, dated July 27, 1959, from the American Ambassador at The Hague, to His Excellency J. M. A. H. Luns, Minister of Foreign Affairs of the Royal Netherlands Ministry of Foreign Affairs, The Hague, is a true and faithful copy of the original document submitted to me, the same having been carefully examined by me and compared with the said original and found to agree therewith word for word and figure for figure.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the seal of the Embassy of the United States of America at The Hague, this twenty-seventh day of July, 1959.
John G. Day, Vice Consul
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Excellency:
I have the honor to acknowledge the receipt of Your Excellency’s note No. 54, dated of today’s date, which sets out the Agreement between the Government of the United States of America and the Government of the Kingdom of the Netherlands for Cooperation on the Uses of Atomic Energy for Mutual Defense Purposes which was signed at The Hague on May 6, 1959.
As the Ambassador [or appropriate title], the word and content of my [original] document is unnecessary to repeat [or similar phrasing denoting confirmation].
To H. E. J.M.A.H. Luns, Minister of Foreign Affairs, The Hague.
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AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS FOR COOPERATION ON THE USES OF ATOMIC ENERGY FOR MUTUAL DEFENSE PURPOSES.
The Government of the United States of America and the Government of the Kingdom of the Netherlands,
Considering that they have concluded a Mutual Defense Assistance Agreement, pursuant to which eacn Government will make available to the other equipment, materials, services, or other military assistance in accordance with such terms and conditions as may be agreed;
Considering that their mutual security and defense require that they be prepared to meet the contingencies of atomic warfare;
Considering that they are participating together in an international arrangement pursuant to which they are making substantial and material contributions to their mutual defense and security;
Recognizing that their common defense and security will be advanced by the exchange of information concerning atomic energy and by the transfer of certain types of equipment;
Believing that such exchange and transfer can be undertaken without risk to the defense and security of either country; and
Taking into consideration the United States Atomic Energy Act of 1954, as amended, and all applicable statutes of the Netherlands, which were enacted or prepared with these purposes in mind;
Have agreed as follows:
ARTICLE I
GENERAL PROVISIONS
While the United States and the Netherlands are participating in an international arrangement for their mutual defense and security and making substantial and material contributions thereto, each Party will communicate to and exchange with the other Party information and transfer non-nuclear parts of atomic weapons systems involving Restricted Data to the other Party in accordance with the provisions of this Agreement, provided that the communicating or transferring Party determines that such cooperation will promote and will not constitute an unreasonable risk to its defense and security.
ARTICLE II.
EXCHANGE OF INFORMATION
Each Party will communicate to or exchange with the other Party such classified information as is jointly determined to be necessary to:
- A. the development of defense plans;
- B. the training of personnel in the employment of and defense against atomic weapons and other military applications of atomic energy;
- C. the evaluation of the capabilities of potential enemies in the employment of atomic weapons and other military applications of atomic energy; and
- D. the development of delivery systems compatible with the atomic weapons which they carry.
ARTICLE III.
TRANSFER OF NON-NUCLEAR PARTS OF ATOMIC WEAPONS SYSTEMS
The Government of the United States will transfer to the Government of the Netherlands, subject to terms and conditions to be agreed, non- -nuclear parts of atomic weapons systems involving Restricted Data as such parts are jointly determined to be necessary for the purpose of improving the Netherlands’ state of training and operational readiness.
ARTICLE IV
CONDITIONS
- A. Cooperation under this Agreement will be carried out by each. of the Parties in accordance witn its applicable laws.
- B. Under this Agreement there will be no transfer by eitner Party of atomic weapons, non-nuclear parts of atomic weapons, or special nuclear materials.
- C. The information communicated or exchanged, or non-nuclear parts: of atomic weapons systems transferred, by eitner Party pursuant to this Agreement shall be used by the recipient Party exclusively for the preparation or implementation of defense plans in the mutual interests of the two countries.
- D. Nothing in this Agreement shall preclude the communication or exchange of classified information wnicn is transmissible under other arrangements between the Parties.
ARTICLE V
GUARANTEES
- A. Classified information and non-nuclear parts of atomic weapons systems communicated or transferred pursuant to this Agreement shall be accorded full security protection under applicable security arrangements between the Parties and applicable national legislation and regulations of the Parties. In no case shall either Party maintain security standards for safeguarding classified information, and non-nuclear parts of atomic weapons systems, made available pursuant to this Agreement less restrict- ive than those set forth in the applicable security arrangements in effect on the date this Agreement comes into force.
- B. Classified information communicated or exchanged pursuant to this Agreement will be made available througn channels existing or here- after agreed for the communication or exchange of sucn information betwe the Parties.
- C. Classified information, communicated or exchanged, and any nor -nuclear parts of atomic weapons systems transferred pursuant to this Agreement shall not be communicated, exchanged or transferred by the recipient Party or persons under its jurisdiction to any unauthorized persons or, except as provided in Article VI of this Agreement, beyond the jurisdiction of that Party. Sach Party may stipulate the degree to which any of the information and non-nuclear parts of atomic weapons systems communicated, exchanged or transferred by it or persons under it jurisdiction pursuant to this Agreement may be disseminated or distribut may specify the categories of persons who may have access to such inform ation or non-nuclear parts of atomic weapons systems; and’ may impose suci other restrictions on the dissemination or distribution of such inform- ation or non-nuclear parts of atomic weapons systems as it deems necessary.
ARTICLE VI
DISSEMINATION
Nothing in this Agreement snall be interpreted or operate as a bar or restriction to consultation or cooperation in any field of defense by either Party with other nations or international organizations. Neither Party, however, shall so communicate classified information or transfer or permit access to or use of non-nuclear parts of atomic weapons systems made available by the other Party pursuant to this Agreement unless:
- A. It is notified by the originating Party that all appropriate provisions and requirements of the originating Party’s applicable laws, including authorization by competent bodies of the onginating Party, have been complied with which would be necessary to authorize the originating Party directly so to communicate to, transfer to, permit access to or use by sucn other nation or international organization; and further that the originating Party authorizes the recipient Party so to communicate to, transfer to, permit access to or use by such other nation or international organization; or
- B. The originating Party has informed the recipient Party that the originating Party has so communicated to, transferred to, permitted access to or use by, such other nation or international organization.
ARTICLE VII
CLASSIFICATION POLICIES
Agreed classification policies snall be maintained with respect to all classified information and non-nuclear parts of atomic weapons systems communicated, exchanged or transferred under this Agreement.
ARTICLE VIII
RESPONSIBILITY FOR USE OF INFORMATION AND NON-NUCLEAR PARTS OF ATOMIC WEAPONS SYSTEMS.
The application or use of any information (including design drawings and specifications) or non-nuclear parts of atomic weapons systems communicated, exchanged or transferred under this Agreement shall be the responsibility of the Party receiving it, and the other Party does not provide any indemnity or warranty with respect to suc application or use.
ARTICLE IX
PATENTS
The recipient Party shall use the classified information communicat- ed, or revealed by equipment transferred nereunder, for the purposes harpin onlv. Any inventions or discoveries resulting from D.
ARTICLE X
DEFINITIONS
As used in this Agreement, the term “atomic information” means:
- So far as concerns information provided by the Government of the United States, information which is designated “Restricted Lata” and “Formerly kestricted Data”.
- So far as concerns information provided by the Government of the Netherlands, information wnicn is designated “Atomic”.
ARTICLE XI
DURATION
This Agreement snall enter into force on the date on which each Government shall have received from the other Government written notifi- cation that it nas complied with all legal requirements for the entry into force of this Agreement, and shall remain in force until terminated by agreement of both Parties except that either Party may terminate its cooperation under Articles II or III upon the expiration of the North Atlantic Treaty.
IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Agreement.
DONE at The Hague, in duplicate, in the english language, this 6 day of May, 1959.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA :
FOR THE GOVERMENT OF THE KINGDOM OF THE NETHERLANDS:
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META DATA
This exchange of notes brought into force the 144b agreement with the Netherlands that the two governments signed on 6 May 1959.