Agrément and accreditation - NL Host Nation
1. Agrément and accreditation
1. Agrément and accreditation
1.1 Accreditation of the head of mission (articles 4 to 6 of the Vienna Convention on Diplomatic Relations (VCDR)
The sending State must make certain that the receiving State has granted agrément for the person it proposes to accredit as head of mission to that state. The procedure is as follows. The sending State notifies the Kingdom of the Netherlands via its diplomatic mission in the Netherlands of the person it proposes to accredit. For ambassadors residing in the Netherlands, this should be done by a verbal démarche to the Director of Protocol, a curriculum vitae being provided on a sheet of paper without a letter heading. For ambassadors residing outside the Netherlands, the embassy accredited to the Netherlands must send the Note Verbale by email or post to the Protocol and Host Country Department in The Hague. Prospective heads of diplomatic missions must await the decision on agrément outside the Netherlands. Any form of publicity including the name of the person concerned in connection with his/her new assignment before agrément is given is considered inappropriate.
If the head of a diplomatic mission is to be accredited to more than one state and is to reside outside the Netherlands, it is customary to await the agrément of the country in which he or she is to reside. If the new head of the diplomatic mission is not to reside in the same place as his/her predecessor, the Kingdom of the Netherlands should also be notified to that effect in compliance with article 5, paragraph 1, of the VCDR. 2
1.2 Recognition and admission of career and honorary consular officers (articles 10 to 12 of the Vienna Convention on Consular Relations (VCCR)
In accordance with Article 4 of the Vienna Convention on Consular Relations 1963 (VCCR)3 a consular post may be established in the territory of the receiving State only with that State’s consent, i.e. with the explicit approval of the Ministry. In accordance with Article 10 of the Convention, heads of consular posts are admitted to the exercise of their functions by the receiving State. Before the prospective honorary consul can take up his/her duties, it is necessary to obtain the Ministry’s written approval for both the establishment of a consular post headed by a honorary consul and for the sending State’s nominee for this position. The Ministry requires that requests to establish a consular post headed by a honorary consul and proposed nominations of honorary consuls be submitted to the Ministry by means of a Note Verbale. New proposals and/or questions regarding the procedure should be submitted to DPG@HonoraryConsuls@minbuza.nl.
The Note Verbale should entail information on the size, seat, classification and consular district of the proposed consular post. Furthermore, the Ministry may require the sending State to offer justification as to why there is a need for the requested consular post. The number of honorary consuls of the Kingdom of the Netherlands in the sending State will be taken into account when assessing the request o.i.d.. Furthermore, the honorary consul should have their office located in the assigned consular district. As of 7 March 2023, proposed nominees cannot be older than 70 years at the moment of nomination. Furthermore, the admission of the honorary consul will be valid for a period of no more than seven years. This seven-year term can be renewed once, for a further seven years if the honorary consul has not reached the age limit.
The requests to establish a consular post headed by a honorary consul and proposed nominations of honorary consuls transmitted to the Ministry via Note Verbale should be accompanied by the following documentation:
1.3 Appointment of a chargé d’affaires ad interim
If the post of head of mission is vacant, or if the head of mission is unable to perform his/her duties, a chargé d’affaires ad interim must be appointed to act as provisional head of mission. With reference to article 19 of the VCDR, the Ministry of Foreign Affairs should be notified of the name of the chargé d’affaires ad interim by Note Verbale.
1.4 Military and Police attachés
The embassy of the sending State should request permission for the appointment of a military or police attaché by sending a Note Verbale to the Ministry of Foreign Affairs, enclosing the curriculum vitae and a copy of the passport of the official concerned prior to their arrival in the Netherlands.
1.5 First arrival of heads of diplomatic mission
The Protocol Department will notify the sending State by digital Note Verbale that agrément has been granted, and this can then be made public if so desired.
The diplomatic mission should notify the Ministry of Foreign Affairs in a digital Note Verbale of the head of mission’s planned date and time of arrival and the mode of transport to be used (including the flight number in the event of arrival by plane).
The newly appointed ambassador will receive an aide-mémoire concerning the presentation of credentials from the Protocol Department prior to his/her arrival in the Netherlands. Further instructions will follow from the Grand Master of the Household of His Majesty the King when the ambassador visits him prior to the presentation of his/her letters of credence.
If heads of mission who are to reside in The Hague arrive by plane or train, they will be welcomed by an official from the Protocol Department.
It should be noted that in the Netherlands heads of mission cannot perform their public duties until they have presented their credentials to the head of state. The second possibility referred to in article 13, paragraph 1, of the VCDR, namely that the head of mission is considered as having taken up his function when he/she presents a true copy of his/her credentials to the Minister of Foreign Affairs, does not apply in the Netherlands. Precedence among heads of diplomatic missions therefore depends on the date on which letters of credence were presented to His Majesty the King.
1.6 Departure of heads of diplomatic mission
At the end of his/her term of office, the ambassador should inform the Director of Protocol and indicate the approximate date of his/her departure. Ambassadors who have resided in The Hague for more than two years may request a farewell audience with His Majesty the King. The ambassador should indicate whether his/her spouse will be able to accompany him/her to the audience.
At the appointed time on the day of the audience an honour guard from the Royal Military and Border Police will arrive at the address given by the embassy to the Protocol Department. The honour guard will accompany the ambassador and his/her spouse, in their own car, to the Palace and back.
1.7 Accommodation
Offices and residential accommodation may be rented or purchased through a real estate agent (makelaar). Diplomatic missions may choose their own office and residential accommodation, under several conditions. Offices should in principle be situated within the municipality of The Hague. Residential accommodation must in principle be situated in the environs of The Hague (that is, within the municipalities of The Hague, Wassenaar, Leidschendam, Voorburg, Rijswijk or Zoetermeer), so that the Dutch authorities can meet their obligation to uphold the inviolability of such offices and residential accommodation and where necessary to protect them. Consular offices must be situated in the locality from which the consular post in question takes its name. There are no restrictions on residential accommodation for consuls. The sending State should inform the Protocol Department of the Ministry of Foreign Affairs and the municipality in case of changes regarding the location of the offices and/or residential accommodation of the Ambassador.
For inquiries regarding housing, diplomatic missions may contact the municipality of The Hague, email: protocol@denhaag.nl. Diplomatic missions should be aware that, if the sending State wishes to establish offices forming part of the mission in localities other than those in which the mission itself is established, the sending State must submit a substantiated and motivated request to the Protocol Department of the Ministry of Foreign Affairs in accordance with article 12 of the VCDR. Such offices may be established only with prior and explicit consent.
Only trade offices facilitating economic relations between the sending State and the Kingdom of the Netherlands may in principle be considered as ‘offices forming part of the mission’.
‘Locality’ refers to the existing premises of the mission. This means that if an office is established outside the existing premises of the mission, this qualifies as a locality ‘other than those in which the mission itself is established’.
Diplomatic missions should also be aware of the risk of squatting in buildings owned by the sending State that are not in diplomatic use, as these buildings do not enjoy diplomatic immunity.
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The sending State must make certain that the receiving State has granted agrément for the person it proposes to accredit as head of mission to that state. The procedure is as follows. The sending State notifies the Kingdom of the Netherlands via its diplomatic mission in the Netherlands of the person it proposes to accredit. For ambassadors residing in the Netherlands, this should be done by a verbal démarche to the Director of Protocol, a curriculum vitae being provided on a sheet of paper without a letter heading. For ambassadors residing outside the Netherlands, the embassy accredited to the Netherlands must send the Note Verbale by email or post to the Protocol and Host Country Department in The Hague. Prospective heads of diplomatic missions must await the decision on agrément outside the Netherlands. Any form of publicity including the name of the person concerned in connection with his/her new assignment before agrément is given is considered inappropriate.
If the head of a diplomatic mission is to be accredited to more than one state and is to reside outside the Netherlands, it is customary to await the agrément of the country in which he or she is to reside. If the new head of the diplomatic mission is not to reside in the same place as his/her predecessor, the Kingdom of the Netherlands should also be notified to that effect in compliance with article 5, paragraph 1, of the VCDR. 2
1.2 Recognition and admission of career and honorary consular officers (articles 10 to 12 of the Vienna Convention on Consular Relations (VCCR)
In accordance with Article 4 of the Vienna Convention on Consular Relations 1963 (VCCR)3 a consular post may be established in the territory of the receiving State only with that State’s consent, i.e. with the explicit approval of the Ministry. In accordance with Article 10 of the Convention, heads of consular posts are admitted to the exercise of their functions by the receiving State. Before the prospective honorary consul can take up his/her duties, it is necessary to obtain the Ministry’s written approval for both the establishment of a consular post headed by a honorary consul and for the sending State’s nominee for this position. The Ministry requires that requests to establish a consular post headed by a honorary consul and proposed nominations of honorary consuls be submitted to the Ministry by means of a Note Verbale. New proposals and/or questions regarding the procedure should be submitted to DPG@HonoraryConsuls@minbuza.nl.
The Note Verbale should entail information on the size, seat, classification and consular district of the proposed consular post. Furthermore, the Ministry may require the sending State to offer justification as to why there is a need for the requested consular post. The number of honorary consuls of the Kingdom of the Netherlands in the sending State will be taken into account when assessing the request o.i.d.. Furthermore, the honorary consul should have their office located in the assigned consular district. As of 7 March 2023, proposed nominees cannot be older than 70 years at the moment of nomination. Furthermore, the admission of the honorary consul will be valid for a period of no more than seven years. This seven-year term can be renewed once, for a further seven years if the honorary consul has not reached the age limit.
The requests to establish a consular post headed by a honorary consul and proposed nominations of honorary consuls transmitted to the Ministry via Note Verbale should be accompanied by the following documentation:
- a copy of the (proposed) consular commission or similar instrument, certifying the capacity of the honorary consul, and stating his/her full name, classification, consular district and seat of the consular post;
- the nominee’s complete curriculum vitae;
- a copy of the nominee’s passport or identity card;
- an extract from the personal records database of the municipality where the nominee resides (uittreksel uit de Basisregistratie Personen (BRP));
- a certificate of conduct for the nominee (Verklaring Omtrent Gedrag). When applying for the certificate of conduct in the Netherlands, the Embassy should select the general screening profile (section 2.4b), and, at a minimum, the following boxes: Information (number 11, 12, 13), Money (number 21, 22) and Services (number 41 and 43). These boxes must be selected for the certificate of conduct to be taken into consideration;
- contact details of the consular post and the nominee.
1.3 Appointment of a chargé d’affaires ad interim
If the post of head of mission is vacant, or if the head of mission is unable to perform his/her duties, a chargé d’affaires ad interim must be appointed to act as provisional head of mission. With reference to article 19 of the VCDR, the Ministry of Foreign Affairs should be notified of the name of the chargé d’affaires ad interim by Note Verbale.
1.4 Military and Police attachés
The embassy of the sending State should request permission for the appointment of a military or police attaché by sending a Note Verbale to the Ministry of Foreign Affairs, enclosing the curriculum vitae and a copy of the passport of the official concerned prior to their arrival in the Netherlands.
1.5 First arrival of heads of diplomatic mission
The Protocol Department will notify the sending State by digital Note Verbale that agrément has been granted, and this can then be made public if so desired.
The diplomatic mission should notify the Ministry of Foreign Affairs in a digital Note Verbale of the head of mission’s planned date and time of arrival and the mode of transport to be used (including the flight number in the event of arrival by plane).
The newly appointed ambassador will receive an aide-mémoire concerning the presentation of credentials from the Protocol Department prior to his/her arrival in the Netherlands. Further instructions will follow from the Grand Master of the Household of His Majesty the King when the ambassador visits him prior to the presentation of his/her letters of credence.
If heads of mission who are to reside in The Hague arrive by plane or train, they will be welcomed by an official from the Protocol Department.
It should be noted that in the Netherlands heads of mission cannot perform their public duties until they have presented their credentials to the head of state. The second possibility referred to in article 13, paragraph 1, of the VCDR, namely that the head of mission is considered as having taken up his function when he/she presents a true copy of his/her credentials to the Minister of Foreign Affairs, does not apply in the Netherlands. Precedence among heads of diplomatic missions therefore depends on the date on which letters of credence were presented to His Majesty the King.
1.6 Departure of heads of diplomatic mission
At the end of his/her term of office, the ambassador should inform the Director of Protocol and indicate the approximate date of his/her departure. Ambassadors who have resided in The Hague for more than two years may request a farewell audience with His Majesty the King. The ambassador should indicate whether his/her spouse will be able to accompany him/her to the audience.
At the appointed time on the day of the audience an honour guard from the Royal Military and Border Police will arrive at the address given by the embassy to the Protocol Department. The honour guard will accompany the ambassador and his/her spouse, in their own car, to the Palace and back.
1.7 Accommodation
Offices and residential accommodation may be rented or purchased through a real estate agent (makelaar). Diplomatic missions may choose their own office and residential accommodation, under several conditions. Offices should in principle be situated within the municipality of The Hague. Residential accommodation must in principle be situated in the environs of The Hague (that is, within the municipalities of The Hague, Wassenaar, Leidschendam, Voorburg, Rijswijk or Zoetermeer), so that the Dutch authorities can meet their obligation to uphold the inviolability of such offices and residential accommodation and where necessary to protect them. Consular offices must be situated in the locality from which the consular post in question takes its name. There are no restrictions on residential accommodation for consuls. The sending State should inform the Protocol Department of the Ministry of Foreign Affairs and the municipality in case of changes regarding the location of the offices and/or residential accommodation of the Ambassador.
For inquiries regarding housing, diplomatic missions may contact the municipality of The Hague, email: protocol@denhaag.nl. Diplomatic missions should be aware that, if the sending State wishes to establish offices forming part of the mission in localities other than those in which the mission itself is established, the sending State must submit a substantiated and motivated request to the Protocol Department of the Ministry of Foreign Affairs in accordance with article 12 of the VCDR. Such offices may be established only with prior and explicit consent.
Only trade offices facilitating economic relations between the sending State and the Kingdom of the Netherlands may in principle be considered as ‘offices forming part of the mission’.
‘Locality’ refers to the existing premises of the mission. This means that if an office is established outside the existing premises of the mission, this qualifies as a locality ‘other than those in which the mission itself is established’.
Diplomatic missions should also be aware of the risk of squatting in buildings owned by the sending State that are not in diplomatic use, as these buildings do not enjoy diplomatic immunity.
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