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Agreement signed at the Hague, December 8, 1987; as amended by a
Protocol signed at the Hague December 7, 1989, both entered into
force November 1, 1990. Second Protocol signed at the Hague August 30,
2001; entered into force May 1, 2003.
Administrative arrangement signed at the Hague December 8, 1987, entered
into force November 1, 1990.
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Contents |
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AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE KINGDOM OF THE NETHERLANDS ON SOCIAL SECURITY
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The Government of the United States of America
and
The Government of the Kingdom of the Netherlands,
Being desirous of regulating the relationship between the two States
in the field of Social Security, have agreed as follows:
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GENERAL PROVISIONS
Article 1
For the purposes of this Agreement:
- "United States" means the United States of America and
"Netherlands" means the Kingdom of the Netherlands;
- "Territory" means,
as regards the United States,
the States, the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam and American Samoa, and
as regards the Netherlands, the territory of the Kingdom in Europe;
- "National" means,
as regards the United States, a national of the United States as defined
in Section 101, Immigration and Nationality Act, as amended, and
as regards the Netherlands, a person of Netherlands nationality;
- "Laws" means the laws and regulations specified
in Article 2;
- "Competent Authority" means,
as regards the United States, the Secretary of Health and Human Services,
and
as regards the Netherlands, the Minister for Social Affairs and Employment;
- "Agency" means,
as regards the United States, the Social Security Administration, and
as regards the Netherlands, any institution or authority charged with
implementing all or part of the laws specified in Article 2, paragraph
1(b), as well as Netherlands tribunals that are competent for cases
under those laws;
- "Period of coverage" means a period of payment
of contributions, a period of earnings from employment or self-employment
or a period of residence, as defined or recognized as a period of coverage
by the laws under which such period has been completed, or any similar
period insofar as it is recognized by such laws as equivalent to a period
of coverage;
- "Benefit" means any cash benefit, pension or allowance for
which provision is made in the laws of a Contracting State and includes
any supplements or increases applicable to such a cash benefit, pension
or allowance by virtue of the laws specified in Article 2;
- Any term not defined in this Article shall have the meaning assigned
to it in the laws which are being applied.
Article 2
- This Agreement shall apply:
- As regards the United States, the laws governing the Federal old-age,
survivors, and disability insurance program:
- Title II of the Social Security Act and regulations pertaining
thereto, except sections 226, 226A and 228 of that title and
regulations pertaining to those sections, and
- Chapter 2 and Chapter 21 of the Internal Revenue Code
of 1986 and regulations pertaining to those chapters;
- As regards the Netherlands, to the laws governing:
- invalidity insurance;
- general old-age insurance;
- general widow's and orphan's insurance;
- sickness insurance (cash benefits and benefits in kind);
- unemployment insurance;
- children's allowances.
- The application of this Agreement shall be extended to future
legislation of a Contracting State which creates new categories of beneficiaries
under the laws specified in paragraph 1 unless the Competent Authority
of that Contracting State notifies the Competent Authority of the other
Contracting State in writing within three months of the date of the
official publication of the new legislation that no such extension of
the Agreement is intended.
- Unless otherwise provided in this Agreement, the laws referred to
in paragraph 1 shall not include any treaty or other international agreement
or supranational legislation on social security which may be in force
between either Contracting State and a third State, or laws or regulations
promulgated for their specific implementation.
- This Agreement shall not apply to social or medical assistance schemes
or to special schemes for civil servants or persons treated as such.
Article 3
Unless otherwise provided, this Agreement shall apply to all persons
who are or have been subject to the laws of one or both Contracting States
as well as to family members and survivors of such persons insofar as
they derive their rights from these persons.
Article 4
- Except as provided in paragraph 2, the following persons, while residing
in the territory of a Contracting State, shall be equated with nationals
of that State in the application of its laws:
- nationals of the other Contracting State;
- refugees as defined in Article 1 of the Convention relating to
the Status of Refugees of July 28, 1951, and in paragraph 1 of Article 1
of the Protocol of January 31, 1967, to the said Convention;
- stateless persons as defined in Article 1 of the Convention relating
to the Status of Stateless Persons of September 28, 1954;
- family members and survivors, irrespective of their nationality,
of the persons mentioned under subparagraphs (a), (b) and (c) with
regard to rights which they derive from such persons.
- Paragraph 1 shall not apply with regard to United States laws on compulsory
coverage.
Article 5
- Unless otherwise provided in this Agreement, any provision of the laws
of a Contracting State which restricts payment of invalidity, old-age
or survivors cash benefits solely because a person resides outside or
is absent from the territory of that Contracting State shall not be applicable
to persons who reside in the territory of the other Contracting State.
- As regards the Netherlands:
Benefits under the Netherlands Children's Allowances Act shall be paid even if the covered
person or the child resides or is present in the territory of the United States.
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Provisions Concerning Applicable Laws
Article 6
Unless otherwise provided in this Part, a person employed within the
territory of a Contracting State shall, with respect to that employment,
be subject to the laws of only that Contracting State, even if the person
concerned resides in the territory of the other Contracting State, or
if his employer or the offices of the employer are located in the territory
of the other Contracting State.
Article 7
A self-employed person who resides within the territory of a Contracting
State shall be subject to the laws of only that State.
Article 8
Unless otherwise provided in Article 9, if a person resides in the territory
of the Netherlands and is engaged in employment or self-employment in
that territory, the person shall be subject only to Netherlands laws with
respect to any employment or self-employment performed in the territory
of either Contracting State.
Article 9
- Where a person in the service of an employer having a place of business
in the territory of a Contracting State is sent from that territory
by that employer to work in the territory of the other Contracting State
for a period not expected to exceed 5 years, the person shall remain
subject to the laws of only the first Contracting State as if he were
employed in the territory of the first Contracting State.
- Paragraph 1 shall not apply in the case of a person who is sent by
an employer from the territory of the United States to the territory
of the Netherlands if the person is also employed in the territory of
the Netherlands by a different employer located in that territory.
- If, under paragraph 1, a person continues to be subject to the laws
of a Contracting State from whose territory he has been sent to the
territory of the other Contracting State, that paragraph shall also
apply by analogy to the person's family members who accompany him, unless
they are themselves employed or self-employed in the territory of the
latter Contracting State.
Article 10
- (a) If a person is employed as an officer or member of the crew on
an American vessel and is covered under the laws of both Contracting
States, the person shall be subject to the laws of only the United States.
(b) If a person is employed as an officer or member of the crew on a non-American
vessel and is covered under the laws of both Contracting States, the person
shall be subject to the laws of only the Netherlands.
- If a person is employed as an officer or member of the crew on an
aircraft and is covered under the laws of both Contracting States, the
person shall be subject to the laws of only the Contracting State in
whose territory the employer is headquartered.
Article 11
Where the same activity is considered to be self-employment
under the laws of one Contracting State and employment under the laws
of the other Contracting State, that activity shall be treated according
to the provisions of this Part concerning self- employment if the person
is a resident of the first Contracting State and according to the provisions
of this Part concerning employment in any other case.
Article 12
- This Agreement shall not affect the provisions of the Vienna Convention
on Diplomatic Relations of April 18, 1961, or of the Vienna Convention
on Consular Relations of April 24, 1963.
- Nationals of one of the Contracting States who are employed by the
Government of that Contracting State in the territory of the other Contracting
State but who are not exempt from the laws of the other Contracting
State by virtue of the Conventions mentioned in paragraph 1 shall be
subject to the laws of only the first Contracting State. For the purposes
of this paragraph, employment by the United States Government includes
employment by an instrumentality thereof.
- The provisions of paragraph 2 shall apply by analogy to the family
members accompanying the persons referred to in that paragraph who are
sent by the Government of a Contracting State to the territory of the
other Contracting State, unless these family members themselves are
employed or self-employed in the territory of the other Contracting
State.
Article 13
For the purposes of Netherlands laws, a person who is subject to Netherlands
laws in accordance with this Part shall be considered to be resident in
the territory of the Netherlands, and a person who is subject to United
States laws in accordance with this Part shall be considered not to be
resident in that territory.
The Competent Authorities of the two Contracting States may agree to
grant an exception to the provisions of this Part in the interest of any
person or category of persons, provided that the affected person shall
be subject to the laws of one of the Contracting States.
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Provisions on Benefits
Chapter A
Provisions Applicable to the United States
Article 15
- Where a person has completed at least six quarters of coverage under
United States laws, but does not have sufficient quarters of coverage
to satisfy the requirements for entitlement to benefits under United
States laws, the agency of the United States shall take into account,
for the purpose of establishing entitlement to benefits under this Article,
periods of coverage which are credited under the laws of the Netherlands
and which do not coincide with periods of coverage already credited
under United States laws.
- In applying paragraph 1, the agency of the United States shall not
take into account periods of coverage which are credited under Netherlands
laws solely on the basis of periods of residence in the territory of
the Netherlands.
- In determining eligibility for benefits under paragraph 1 of this
Article, the agency of the United States shall credit one quarter of
coverage for every three months of coverage certified by the agency
of the Netherlands; however, no quarter of coverage shall be credited
for any calendar quarter already credited as a quarter of coverage under
United States laws. The total number of quarters of coverage to be credited
for a year shall not exceed four.
- Where entitlement to a benefit under United States laws is established
according to the provisions of paragraph 1, the agency of the United
States shall compute a pro rata Primary Insurance Amount in accordance
with United States laws based on (a) the person's average earnings credited
exclusively under United States laws and (b) the ratio of the duration
of the person's periods of coverage completed under United States laws
to the duration of a coverage lifetime as determined in accordance with
United States laws. Benefits payable under United States laws shall
be based on the pro rata Primary Insurance Amount.
- Entitlement to a benefit from the United States which results from
paragraph 1 shall terminate with the acquisition of sufficient periods
of coverage under United States laws to establish entitlement to an
equal or higher benefit without the need to invoke the provisions of
paragraph 1.
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Chapter B
Provisions Applicable to the Netherlands
Article 16
Invalidity Benefit
- If a national of one of the Contracting States or a person designated
in Article 4, paragraph l(b) or (c), was subject to United States laws
at the time when incapacity for work followed by invalidity occurred
and had previously completed a total of at least 12 months of coverage
under the Netherlands laws on invalidity insurance, he shall be entitled
to a benefit determined in accordance with those Netherlands laws and
calculated according to the rules of paragraphs 3 to 7.
- For purposes of paragraph 1, a person shall be considered to be subject
to United States laws if the person is insured for a benefit under such
laws or has credit for at least 4 quarters of coverage under such laws
during a period of 8 calendar quarters ending with the calendar quarter
in which the incapacity for work followed by invalidity occurred as
determined in accordance with Netherlands laws.
- The amount of the benefit referred to in paragraph 1 shall be calculated
in proportion to the ratio of the total length of the periods of coverage
completed by the person concerned under Netherlands laws after the age
of 15 years to the length of the period between the date on which he
reached the age of 15 years and the date of his incapacity for work
followed by invalidity.
- If, at the time when incapacity for work followed by invalidity occurred,
the person concerned was an employed person or a person treated as such,
the benefit due shall be determined according to the Disablement Insurance
Act of February 18, 1966 (WAO). If not, the benefit due shall be determined
according to the General Disablement Benefits Act of December 11, 1975
(AAW).
[In accordance with Article III of the Second Protocol to the
Agreement, the second sentence of Article 16, paragraph 4,
does not apply to self-employed persons who become disabled after 1997.
Instead, persons who are self-employed at the time when incapacity followed
by invalidity occurred have their benefits determined in accordance with
the Self-employed Persons Disablement Act of April 24, 1997 (WAZ).]
- The following shall be considered as periods of coverage completed
under Netherlands laws:
- periods of coverage completed during employment under the Disablement
Insurance Act of February 18, 1966 (WAO);
- periods of coverage completed during self-employment under the
General Disablement Benefits Act of December 11, 1975 (AAW);
- periods of employment and periods treated as such completed in the
Netherlands before July 1, 1967.
[In accordance with Article III of the Second Protocol to the
Agreement, periods of coverage to be taken into account by the Netherlands
in accordance with Article 16, paragraph 5, also include
periods of coverage completed under the WAZ, to the extent that these
periods do not coincide with periods of coverage completed under the
WAO.]
- In cases referred to in the first sentence of paragraph 4, when
a period of coverage under the WAO coincides with a period of coverage
under the AAW, only the period completed under the WAO shall be taken
into account.
- In cases referred to in the second sentence of paragraph 4, when
a period of coverage under the AAW coincides with a period of coverage
under the WAO, only the period completed under the AAW shall be taken
into account.
Article 17
Old-age Pension
- The Netherlands agency shall determine the amount of the pension directly
and exclusively on the basis of the periods of coverage completed under
the Netherlands law mentioned in Article 2, paragraph 1(b)(ii).
- Subject to paragraph 3, periods before January 1, 1957, during which
a national of one of the Contracting States or a person described in
Article 4, paragraph l(b) and (c) resided in the territory of the
Netherlands after reaching the age of 15 years or during which, while
residing in another country, the person was gainfully employed in the
territory of the Netherlands shall also be considered as periods of
coverage if the person does not satisfy the conditions of the Netherlands
law permitting such periods to be treated for that person as periods
of coverage.
- The periods referred to in paragraph 2 shall be taken into consideration
for calculation of the old-age pension only if the person concerned
has been insured within the meaning of Article 6 of the Netherlands
law mentioned in Article 2, paragraph 1(b)(ii), and has resided for
at least 6 years in the territory of one or both Contracting States
after reaching the age of 59 years and only while the person is residing
in the territory of either Contracting State. However, these periods
shall not be taken into consideration if they coincide with periods
taken into consideration for the calculation of an old-age pension under
the legislation of a country other than the Netherlands.
Article 18
Survivors Pension
- If a national of one of the Contracting States or a person designated
in Article 4, paragraph l(b) or (c), was subject to United States laws
at the time of his death and had previously completed a total of at
least 12 months of coverage under the Netherlands law on widows
and orphans insurance, his widow or orphans shall be entitled to a benefit
determined in accordance with Netherlands law and calculated in accordance
with the rules of paragraph 3.
- For purposes of paragraph 1, a person shall be considered to be subject
to United States laws if the person is insured for a benefit under such
laws or has credit for at least 4 quarters of coverage under such laws
during a period of 8 calendar quarters ending with the calendar quarter
in which the person died.
- The amount of the benefit referred to in paragraph 1 shall be calculated
in proportion to the ratio of the total length of the periods of coverage
completed by the deceased under Netherlands law before he reached the
age of 65 years to the length of the period between the date on which
he reached the age of 15 years and the date of his death, but at the
latest the date on which he reached the age of 65 years.
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MISCELLANEOUS PROVISIONS
Article 19
The Competent Authorities of the two Contracting States shall:
- Make all necessary administrative arrangements for the application
of this Agreement;
- Designate liaison bodies in their respective territories to facilitate
the application of this Agreement;
- Communicate to each other information concerning the measures taken
for the application of this Agreement; and
- Communicate to each other, as soon as possible, information concerning
all changes in their respective laws which may affect the application
of this Agreement.
Article 20
The Competent Authorities and the agencies of the Contracting States,
within the scope of their respective authority, shall assist each other
in implementing this Agreement.
Article 21
Any application, appeal or other document which according
to the laws of a Contracting State must be submitted within a specified
period to the Competent Authority or an agency of that Contracting State,
but which is instead submitted within the same period to the Competent
Authority or an agency of the other Contracting State shall be considered
to have been submitted on time. In such case, the Competent Authority
or agency with which the application, appeal or document has been filed
shall indicate the date of receipt on the document and transmit it without
delay to the liaison body of the other Contracting State.
Article 22
- A written application for benefits filed with an agency of one Contracting
State shall protect the rights of the claimants under the laws of the
other Contracting State if the applicant requests that it be considered
an application under the laws of the other Contracting State.
- If an applicant has filed a written application for benefits with
the agency of one Contracting State and has not specifically restricted
the application to benefits under the laws of that State, the application
shall also protect the rights of the claimants under the laws of the
other Contracting State if the applicant provides information at the
time of filing indicating that the person on whose record benefits are
claimed has completed periods of coverage under the laws of the other
Contracting State.
Article 23
Where the laws of a Contracting State provide that any document which
is submitted to the Competent Authority or an agency of that Contracting
State shall be exempted, wholly or partly, from fees or charges, including
consular and administrative fees, the exemption shall also apply to corresponding
documents which are submitted to the Competent Authority or an agency
of the other Contracting State in the application of this Agreement.
Article 24
- The Competent Authorities and agencies of the Contracting States
may correspond directly with each other and with any person wherever
the person may reside whenever it is necessary for the administration
of this Agreement. The correspondence may be in the English or Dutch
language.
- The Competent Authority and agencies of a Contracting State may not
reject applications or other documents solely on the grounds that they
are written in a foreign language, provided they are in the English
or Dutch language.
Article 25
- Payments under this Agreement may be validly made in the currency
of the Contracting State making the payment.
- Money transfers effected under this Agreement shall be made in accordance
with any relevant agreements in force between both Contracting States
at the time of transfer.
- In case provisions designed to restrict the exchange or exportation
of currencies are introduced by either Contracting State, the Governments
of both Contracting States shall immediately decide on the measures
necessary to insure the transfer of sums owed by either Contracting
State under this Agreement.
Article 26
- Disputes between the two Contracting States regarding the interpretation
or application of this Agreement shall, as far as possible, be settled
by the Competent Authorities.
- If such a dispute cannot be settled within a period of six months,
either Contracting State may submit the matter to binding arbitration
by an arbitral tribunal whose composition and procedure shall be agreed
upon by the Contracting States. The decision of the arbitral tribunal
shall be final and binding upon the Contracting States.
Article 27
This Agreement may be amended in the future by supplementary agreements
which, from their entry into force, shall be considered an integral part
of this Agreement. Such supplementary agreements may be given retroactive
effect if they so specify.
Transitional and Final Provisions
Article 28
- This Agreement shall also apply to events relevant to rights under
the laws of either Contracting State which occurred prior to its entry
into force. However, no benefits shall be payable under this Agreement
for any period prior to its entry into force, nor shall a lump-sum death
benefit be payable if the person died before its entry into force. Nevertheless,
periods of coverage completed before the entry into force of this Agreement
shall be taken into account in determining benefit rights, except that
neither State shall take into account periods of coverage which occurred
prior to the earliest date for which periods of coverage may be credited
under its laws.
- Determinations made before the entry into force of this Agreement
shall not affect rights arising under it.
- The application of this Agreement shall not result in any reduction
in the amount of benefits to which entitlement was established prior
to its entry into force.
- The provisions of this Agreement shall apply only to an application
for benefits which is filed on or after the date this Agreement enters
into force.
- The period of work referred to in Article 9, paragraph 1, shall
be measured no earlier than the date on which this Agreement enters
into force.
Article 29
Both Contracting States shall notify each other in writing of the completion
of their respective statutory and constitutional procedures required for
the entry into force of this Agreement. This Agreement shall enter into
force on the first day of the third month following the date of the last
notification.
Article 30
- This Agreement shall remain in force and effect until the expiration
of one calendar year following the year in which written notice of its
termination is given by one of the Contracting States to the other Contracting
State.
- If this Agreement is terminated, rights regarding entitlement to or
payment of benefits acquired under it shall be retained; the Contracting
States shall make arrangements dealing with rights in the process of
being acquired.
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In witness whereof, the undersigned, being duly
authorized thereto, have signed the present Agreement.
Done at The Hague on 8 December 1987 in duplicate in the English and
Dutch languages, both texts being equally authentic.
For the Government of the
United States of America
John Shad
For the Government of the Kingdom of the Netherlands:
Hans van den Broek
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ADMINISTRATIVE
ARRANGEMENT
FOR THE IMPLEMENTATION OF THE AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND
THE KINGDOM OF THE NETHERLANDS ON SOCIAL SECURITY
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Pursuant to Article 19(a) of the Agreement between the United States
of America and the Kingdom of the Netherlands on Social Security, concluded
on 8 December 1987, the Competent Authorities:
for the United States of America,
the Secretary of Health and Human Services
for the Netherlands,
the Minister for Social Affairs and Employment
have agreed on the following provisions:
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Chapter I
General Provisions
Article 1
- For the application of this Administrative Arrangement, "Agreement"
means the Agreement between the United States of America and the Kingdom
of the Netherlands on Social Security.
- Other terms shall have the meaning given to them in the Agreement.
Article 2
- The following are designated as liaison bodies, pursuant to Article
19(b) of the Agreement:
For the United States:
the Social Security Administration;
For the Netherlands:
- as regards old-age, widows and orphans insurance:
Sociale Verzekeringsbank (Social Insurance
Bank)
- as regards invalidity insurance:
Gemeenschappelijk Administratiekantoor (Joint
Administration Office).
- The liaison bodies of the Contracting States shall agree on joint
forms and procedures necessary to implement the Agreement.
- For the application of the Agreement, the liaison bodies may communicate
directly with each other as well as with any person wherever the person
may reside.
Article 3
The Netherlands agency competent for the application of Article 16 of
the Agreement shall be the Nieuwe Algemene Bedrijfsvereniging (New General
Professional Association).
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Chapter II
Provisions Concerning Applicable Laws
Article 4
- For the purposes of this Article, "institution" means, as
regards the United States, the Social Security Administration, and,
as regards the Netherlands, the Sociale Versekeringsraad
(Social Insurance Council).
- When the laws of a Contracting State are applicable in accordance
with Part II of the Agreement, the institution of that Contracting State,
upon request of an employed person, the employer of that person or a
self-employed person, shall issue a certificate stating that the employed
person or self-employed person is subject to those laws. This certificate
shall be proof that the named person is exempt from the laws on compulsory
coverage of the other Contracting State.
- When an employed person described in Article 9, paragraph 2, of the
Agreement, to whom a certificate has been issued under paragraph 2 by
the institution of the United States, subsequently becomes employed
in the territory of the Netherlands by a different employer located
in that territory, the employed person must, without delay, inform the
institution of the United States. This institution shall thereupon issue
an amended certificate and inform the institution of the Netherlands.
- When Article 9, paragraph 3, or Article 12, paragraph 3, of the
Agreement applies to a family member of an employed person sent from
the territory of the Netherlands to the territory of the United States
and that family member subsequently becomes employed or self-employed
in the territory of the United States, this family member must without
delay inform the institution of the Netherlands.
- The institution of the Contracting State which has issued a certificate
under this Article shall send copies of it to the employed person and
the employer of that person or the self-employed person and, as needed,
the institution of the other Contracting State.
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Chapter III
Provisions on Benefits
Article 5
- The agency of the Contracting State with which an application for
benefits is first filed in accordance with Article 22 of the Agreement
shall inform the appropriate agency of the other Contracting State of
this fact without delay, either directly or by way of the liaison body,
and provide such evidence and other documentation available to it as
may be necessary for the agency of the other Contracting State to complete
action on the claim.
- The agency of a Contracting State which receives an application that
was first filed with an agency of the other Contracting State shall
without delay provide the latter agency, either directly or by way of
the liaison body of the other Contracting State, with such evidence
and other available information as may be required to complete action
on the claim.
- The agency of the Contracting State with which an application for
benefits has been filed shall verify the accuracy of the information
pertaining to the applicant and his family members. The types of information
to be verified shall be agreed upon by the liaison agency.
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Chapter IV
Miscellaneous Provisions
Article 6
In accordance with measures to be agreed upon by the liaison bodies of
the Contracting States pursuant to Article 2 of this Administrative Arrangement,
the agency of one Contracting State shall, upon request of the liaison
body of the other Contracting State, furnish available information relating
to the claim of any specified individual for the purpose of administering
the Agreement.
Article 7
Copies of documents which are certified as true and exact copies by the
agency of one Contracting State shall be accepted as true and exact copies
by the agency of the other Contracting State, without further certification.
When applying its laws, the agency of each Contracting State shall be
the final judge of the probative value of the evidence submitted to it
from whatever source.
Article 8
The institutions designated in Article 4 of this Administrative Arrangement
shall exchange statistics on the number of certificates issued under the
said Article and on the payments made to beneficiaries under the Agreement.
These statistics shall be furnished annually in a form to be agreed upon.
Article 9
- Where administrative assistance is requested under Article 20 of
the Agreement, expenses other than regular personnel and operating costs
of the agencies providing the assistance shall be reimbursed.
- Upon request, the agency of either Contracting State shall furnish
without expense to the agency of the other Contracting State any medical
information and documentation in its possession relevant to the disability
of the claimant or beneficiary.
- An agency of a Contracting State may require a claimant or beneficiary
who is present in the territory of the other Contracting State to undergo
a medical examination in the territory of either Contracting State.
- Amounts owed under paragraph 1 shall be reimbursed upon presentation
of a detailed statement of expenses.
Article 10
Unless authorized by the national statutes of a Contracting State, information
about an individual which is transmitted in accordance with the Agreement
or this Administrative Arrangement shall be used exclusively for purposes
of implementing the Agreement. Such information received by an agency,
a liaison body or an institution of a Contracting State shall be governed
by the national statutes of that Contracting State for the protection
of privacy and confidentiality of personal data.
Article 11
This Administrative Arrangement shall enter into force on the date of
entry into force of the Agreement and shall have the same period of validity.
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Done at The Hague on 8 December 1987 in duplicate
in the English and Dutch languages, both texts being equally authentic.
For the Competent Authority of the United States of America:
John Shad
For the Competent Authority of the Kingdom of the Netherlands:
Louw de Graaf
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