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Exchange of Letters between the Government of Canada and the Government of the French Republic constituting an Agreement concerning the Employment of Dependents [1989] CATSer 12 (1 June 1989)

E101220 - CTS 1989 No. 9

EXCHANGE OF LETTERS BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE FRENCH REPUBLIC CONSTITUTING AN AGREEMENT CONCERNING THE EMPLOYMENT OF DEPENDENTS

I

The Minister of Canada to the Directeur des Français à l’Étranger et des Étrangers en France

CANADIAN EMBASSY

PARIS, June 24, 1987

Mrs. Isabelle Renouard,
Directeur des Français à l’Étranger
et des Étrangers en France,
Ministry of Foreign Affairs,
Paris

Madam,

Pursuant to discussions that have taken place between the representatives of our two countries, I have the honour, on instructions of my Government, to propose that the members of the family forming part of the household of officers of each State who are nationals of that State and who are assigned by their Government to an official mission in the other State, without having permanent residence in the latter, be authorized to obtain gainful employment in that State, provided they fulfill the legislative and regulatory conditions required for the exercise of any profession and except for cases where reasons concerning public order and national security would prevent the employment. This authorization shall terminate with the end of the officer's assignment or, if such is the case, if the beneficiary should cease to fulfill the conditions required to be considered a part of the household.

For purposes of this agreement:

- "official mission" means the diplomatic missions, consular posts or the permanent missions of each State to international organizations that have signed a headquarters agreement with the other State;

- "officer" means diplomatic and consular personnel and administrative, technical and service personnel.

"Dependent persons" means:

(a) spouses;

(b) unmarried dependent children under 21;

(c) unmarried dependent children who are physically or mentally disabled.

In the case of persons wishing to obtain gainful employment in Canada, an official request will be submitted by the Embassy of France in Ottawa to the Department of External Affairs, Office of Protocol. After verifying that the person fulfills the aforementioned conditions and carrying out the necessary formalities, the Office of Protocol will advise the Embassy of France whether this person may be authorized to obtain the gainful employment requested.

In the case of persons wishing to obtain gainful employment in France, the request will be submitted by the Embassy of Canada in Paris to the Office of Protocol of the Ministry of Foreign Affairs which, after verifying that the person fulfills the aforementioned conditions, will advise the Embassy of Canada whether this person may be authorized to obtain the gainful employment requested.

With respect to persons who have been granted authorization to obtain employment by virtue of this Agreement and who would otherwise have immunity from jurisdiction and measures of execution in civil and administrative matters in accordance with Articles 31 and 37 of the Vienna Convention on Diplomatic Relations of April 18, 1961, such immunities do not apply to those persons for the matters arising from the exercise of their employment.

Where a person who has immunity from jurisdiction under the Vienna Convention on Diplomatic Relations is accused of committing a criminal offence in relation to his employment, immunity from criminal jurisdiction shall be waived by the sending State if the receiving State so requests when the sending State deems that the waiver of such immunity is not contrary to its essential interests.

No legal proceeding shall be conducted in a way that might infringe the inviolability of such a person or of the residence of the household.

Persons who are authorized to obtain gainful employment shall also cease to benefit from the customs privileges allowed under Articles 36 and 37 of the Vienna Convention on Diplomatic Relations of April 18, 1961 and under Article 50 of the Vienna Convention on Consular Relations of April 24, 1963.

As regards income derived from gainful employment in the receiving State, such persons shall be subject to the provisions of the Convention of May 2, 1975 between Canada and France for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and Capital and to any other agreement that might take its place.

Such persons shall not benefit from the exemption from social security provisions enjoyed by family members under Articles 33 and 37 of the Vienna Convention on Diplomatic Relations and Article 48 of the Vienna Convention on Consular Relations. Such persons shall be subject to the provisions of the Social Security Agreement of February 9, 1979 between Canada and France.

Persons authorized to obtain gainful employment under this Agreement shall be allowed to transfer their wages and related allowances under the conditions provided for foreign workers by the exchange regulations of the receiving State.

If the foregoing is acceptable to the Government of the French Republic, this letter, which is authentic in English and French, and your reply to that effect on behalf of the Government of the French Republic shall constitute an Agreement between our two Governments. Each party shall notify the other of the completion of the procedures required to bring this exchange of letters into force. The Agreement shall enter into force on the first day of the second month following the date of receipt of the last of these notifications. It shall remain in force until the expiration of a period of ninety days from the date of written notification by either Government of its intention to terminate the Agreement.

I should be grateful if you would inform me whether the foregoing provisions meet with the approval of your Government.

Accept, Madam, the assurances of my highest consideration.

Fred Bild

Minister

II

The Directeur des Français à l’Étranger et des Étrangers en France to the Minister of Canada

PARIS, June 24, 1987

Mr. Fred Bild
Minister
Canadian Embassy
Paris

My dear Minister,

I acknowledge receipt of your letter of today’s date which reads as follows:

“Pursuant to discussions that have taken place between the representatives of our two countries, I have the honour, on instructions of my Government, to propose that the members of the family forming part of the household of officers of each State who are nationals of that State and who are assigned by their Government to an official mission in the other State, without having permanent residence in the latter, be authorized to obtain gainful employment in that State, provided they fulfill the legislative and regulatory conditions required for the exercise of any profession and except for cases where reasons concerning public order and national security would prevent the employment. This authorization shall terminate with the end of the officer's assignment or, if such is the case, if the beneficiary should cease to fulfill the conditions required to be considered a part of the household.

For purposes of this agreement:

- “official mission” means the diplomatic missions, consular posts or the permanent missions of each State to international organizations that have signed a headquarters agreement with the other State;

- “officer” means diplomatic and consular personnel and administrative, technical and service personnel.

“Dependent persons” mean:

(a) spouses;

(b) unmarried dependent children under 21;

(c) unmarried dependent children who are physically or mentally disabled.

In the case of persons wishing to obtain gainful employment in Canada, an official request will be submitted by the Embassy of France in Ottawa to the Department of External Affairs, Office of Protocol. After verifying that the person fulfills the aforementioned conditions and carrying out the necessary formalities, the Office of Protocol will advise the Embassy of France whether this person may be authorized to obtain the gainful employment requested.

In the case of persons wishing to obtain gainful employment in France, the request will be submitted by the Embassy of Canada in Paris to the Office of Protocol of the Ministry of Foreign Affairs after which, after verifying that the person fulfills the aforementioned conditions, will advise the Embassy of Canada whether this person may be authorized to obtain the gainful employment requested.

With respect to persons who have been granted authorization to obtain employment by virtue of this Agreement and who would otherwise have immunity from jurisdiction and measures of execution in civil and administrative matters in accordance with Articles 31 and 37 of the Vienna Convention on Diplomatic Relations of April 18, 1961, such immunities do not apply to those persons for the matters arising from the exercise of their employment.

Where a person who has immunity from jurisdiction under the Vienna Convention on Diplomatic Relations is accused of committing a criminal offence in relation to his employment, immunity from criminal jurisdiction shall be waived by the sending State if the receiving State so requests when the sending State deems that the waiver of such immunity is not contrary to its essential interests.

No legal proceeding shall be conducted in a way that might infringe the inviolability of such a person or of the residence of the household.

Persons who are authorized to obtain gainful employment shall also cease to benefit from the customs privileges allowed under Articles 36 and 37 of the Vienna Convention on Diplomatic Relations of April 18, 1961 and under Article 50 of the Vienna Convention on Consular Relations of April 24, 1963.

As regards income derived from gainful employment in the receiving State, such persons shall be subject to the provisions of the Convention of May 2, 1975 between Canada and France for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and Capital and to any other agreement that right take its place.

Such persons shall not benefit from the exemption from social security provisions enjoyed by family members under Articles 33 and 37 of the Vienna Convention on Diplomatic Relations and Article 48 of the Vienna Convention on Consular Relations. Such persons shall be subject to the provisions of the Social Security Agreement of February 9, 1979 between Canada and France.

Persons authorized to obtain gainful employment under this Agreement shall be allowed to transfer their wages and related allowances under the conditions provided for foreign workers by the exchange regulations of the receiving State.

If the foregoing is acceptable to the Government of the French Republic, this letter, which is authentic in English and French, and your reply to that effect on behalf of the Government of the French Republic shall constitute an Agreement between our two Government. Each party shall notify the other of the completion of the procedures required to bring this exchange of letters into force. The Agreement shall enter into force on the first day of the second month following the date of receipt of the last of these notifications. It shall remain in force until the expiration of a period of ninety days from the date of written notification by either Government of its intention to terminate the Agreement.

I should be grateful if you would inform me whether the foregoing provisions meet with the approval of your Government”.

I have the honour to inform you of the agreement of my Government with the preceding provisions.

Please accept, My dear Minister, the assurance of my highest consideration.

Isabelle Renouard

Directeur des Français à l’Étranger et des Étrangers en France