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Exchange of Notes between the Government of Canada and the Government of Finland constituting an Agreement concerning the Employment of Dependents [1989] CATSer 6 (1 March 1989)

E101221 - CTS 1989 No. 44

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF FINLAND CONSTITUTING AN AGREEMENT CONCERNING THE EMPLOYMENT OF DEPENDENTS

I

The Secretary of State for External Affairs to the Ambassador of Finland

OTTAWA, January 13, 1989

No. ADA-0012

His Excellency Erkki Maentakanen,
Ambassador of Finland
Ottawa

Excellency,

I have the honour to refer to the discussions between our officials concerning the employment of dependents of employees of one Government assigned to official duty in the other country and wish to propose an Agreement between the Government of Canada and the Government of Finland in the following terms:

1. The two Governments agree that, on the basis of reciprocity, dependents of employees of one Government assigned to official duty in the other country as members of a diplomatic mission, members of a consular post, or members of a mission to an international organization will receive authorization to accept employment in the receiving State.

2. In this Agreement:

(i) "employee" means diplomatic and consular personnel, other government personnel of diplomatic and consular missions and administrative, technical and support staff;

(ii) "dependents" means (a) spouses; (b) unmarried dependent children under 21, or under 25 if in full-time attendance at a post-secondary educational institution; and, (c) unmarried dependent children who are physically or mentally disabled;

(iii) "employment" means the carrying out by a dependent of work under a private contract of service, the independent practice of a profession or the independent operation of a private enterprise. Service of dependents in the Embassy or Consulates of the sending State or other states is not covered by and is in no way affected by this Agreement.

3. No restriction will be placed on the type of employment that may be undertaken. It is understood, however, that in professions where particular qualifications are required, it will be necessary for the dependent to meet those qualifications. Further, authorization to accept employment may be denied in cases where, for security reasons, only nationals of the receiving State may be employed.

4. Before a dependent may accept employment in the receiving State, the Embassy of the sending State will make an official request to the Protocol Division of the Ministry of Foreign Affairs. Upon verification that the person in question falls within the categories defined in this Agreement, and after observing applicable domestic procedures, the Protocol Division will promptly and officially inform the Embassy that the person has permission to accept employment, subject to the applicable regulations of the receiving State.

5. Permission to take up employment will be deemed to be terminated without prior notification upon the termination of the assignment of the employee in Canada or in Finland, as the case may be. Employment taken up in accordance with the terms of this Agreement will not entitle dependents to continue to reside in Canada or in Finland; nor will it entitle the said dependents to remain in such employment or to enter into other employment in Canada or in Finland after permission has been terminated.

6. For dependents who obtain employment under this Agreement and who have immunity from the jurisdiction of the receiving State in accordance with the Vienna Convention on Diplomatic Relations or any other applicable international agreement, immunity from civil and administrative jurisdiction with respect to all matters arising out of such employment is hereby irrevocably waived by the sending State.

7. In the event that a dependent who has immunity from criminal jurisdiction in accordance with the Vienna Convention on Diplomatic Relations is accused of a criminal offence committed in relation to his or her employment, the sending State will give serious consideration to any written request for a waiver of immunity that may be submitted by the receiving State.

8. Dependents obtaining employment under this Agreement shall pay income tax and any social security deductions levied by the receiving State on any remuneration arising from such employment.

If the foregoing is acceptable to the Government of Finland, I have the honour to propose that this letter, which is authentic in English and French, and your reply to that effect shall constitute an Agreement between our two Governments on this matter which shall enter into force on the first day of the second month following the month in which your reply is given. It is understood that this Agreement may be terminated by either Government on ninety (90) days notice in writing to the other.

Accept, Excellency, the renewed assurances of my highest consideration.

Joe Clark

Secretary of State for External Affairs

II

Ambassador of Finland to the Secretary of State for External Affairs

EMBASSY OF FINLAND

OTTAWA, 17 January 1989

No. 1012

The Right Honourable Joe Clark
Secretary of State for External Affairs
Ottawa

Excellency,

I acknowledge receipt of your letter No. ADA-0012 of 13 January 1989 which reads as follows:

“ I have the honour to refer to the discussions between our officials concerning the employment of dependents of employees of one Government assigned to official duty in the other country and wish to propose an Agreement between the Government of Canada and the Government of Finland in the following terms:

1. The two Governments agree that, on the basis of reciprocity, dependents of employees of one Government assigned to official duty in the other country as members of a diplomatic mission, members of a consular post, or members of a mission to an international organization will receive authorization to accept employment in the receiving State.

2. In this Agreement:

(i) “employee” means diplomatic and consular personnel, other government personnel of diplomatic and consular missions and administrative, technical and support staff;

(ii) “dependents” means (a) spouses; (b) unmarried dependent children under 21, or under 25 if in full-time attendance at a post-secondary educational institution; and, (c) unmarried dependent children who are physically or mentally disabled;

(iii) “employment” means the carrying out by a dependent of work under a private contract of service, the independent practice of a profession or the independent operation of a private enterprise. Service of dependents in the Embassy or Consulates of the sending State or other states is not covered by and is in no way affected by this Agreement.

3. No restriction will be placed on the type of employment that may be undertaken. It is understood, however, that in professions where particular qualifications are required, it will be necessary for the dependent to meet those qualifications. Further, authorization to accept employment may be denied in cases where, for security reasons, only nationals of the receiving State may be employed.

4. Before a dependent may accept employment in the receiving State, the Embassy of the sending State will make an official request to the Protocol Division of the Ministry for Foreign Affairs. Upon verification that the person in question falls within the categories defined in this Agreement, and after observing applicable domestic procedures, the Protocol Division will promptly and officially inform the Embassy that the person has permission to accept employment, subject to the applicable regulations of the receiving State.

5. Permission to take up employment will be deemed to be terminated without prior notification upon the termination of the assignment of the employee in Canada or in Finland, as the case may be. Employment taken up in accordance with the terms of this Agreement will not entitle dependents to continue to reside in Canada or in Finland nor will it entitle the said dependents to remain in such employment or to enter into other employment in Canada or in Finland after permission has been terminated.

6. For dependents who obtain employment under this Agreement and who have immunity from the jurisdiction of the receiving State in accordance with the Vienna Convention on Diplomatic Relations or any other applicable international agreement, immunity from civil and administrative jurisdiction with respect to all matters arising out of such employment is hereby irrevocably waived by the sending State.

7. In the event that a dependent who has immunity from criminal jurisdiction in accordance with the Vienna Convention on Diplomatic Relations is accused of a criminal offence committed in relation to his or her employment, the standing State will give serious consideration to any written request for a waiver of immunity that may be submitted by the receiving State.

8. Dependents obtaining employment under this Agreement shall pay income tax and any social security deductions levied by the receiving State on any remuneration arising from such employment.

If the foregoing is acceptable to the Government of Finland, I have the honour to propose that this letter, which is authentic in English and French, and your reply to that effect shall constitute an Agreement between our two Governments on this matter which shall enter into force on the first day of the second month following the month in which your reply is given. It is understood that this Agreement may be terminated by either Government on ninety (90) days notice in writing to the other.”

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

Please accept, Excellency, the renewed assurances of my highest consideration.

Erkki Mäentakanen

Ambassador