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Agreement between Canada and the Kingdom of Spain relating to the Free Exercise of Remunerative Activities by Dependents of Employees of Diplomatic Missions, Consular Posts or Permanent Missions to International Organizations [1990] CATSer 14 (16 July 1990)

E101224 - CTS 1990 No. 52

AGREEMENT BETWEEN CANADA AND THE KINGDOM OF SPAIN RELATING TO THE FREE EXERCISE OF REMUNERATIVE ACTIVITIES BY DEPENDENTS OF EMPLOYEES OF DIPLOMATIC MISSIONS, CONSULAR POSTS OR PERMANENT MISSIONS TO INTERNATIONAL ORGANIZATIONS

Canada and The Kingdom of Spain, desiring to permit the free exercise of remunerative activities, on the basis of reciprocity, by the dependents of employees of Diplomatic Missions, Consular Posts or Permanent Missions to International Organizations from one country assigned on official duty to the territory of the other,

Agree on the following:

ARTICLE 1

The dependents of employees of Diplomatic Missions, Consular posts or Permanent Missions to International Organizations of Spain in Canada or of Canada in Spain are authorized to exercise freely remunerative activities, either self-employed or otherwise, in the receiving State, and under the same conditions as nationals of the said State, after obtaining the relevant authorization in conformity with the provisions of the present Agreement.

ARTICLE 2

For the purposes of the present Agreement:

1. "Dependent" 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.

2. "Employee" means diplomatic and consular officers, as well as administrative, technical and support staff, who have been assigned to Diplomatic Missions, Consular Posts or Permanent Missions to International Organizations in the territory of the receiving State.

ARTICLE 3

1. Any application for authorization to exercise a remunerative activity will be transmitted by the Diplomatic Mission, by Diplomatic Note to the Ministry of External Affairs.

2. The application should indicate the family relationship of the applicant to the employee described in the preceding Article and the remunerative activity which is to be pursued.

3. Upon verification that the dependent for whom authorization to exercise a remunerative activity is sought falls within the categories defined in this Agreement, and after observing applicable domestic procedures, the Ministry of External Affairs of the receiving State will promptly and officially inform the Embassy of the sending State that the dependent concerned has permission to accept employment, subject to the applicable regulations of the receiving State.

4. It is understood that in professions where particular qualifications are required, it will be necessary for the dependent to meet those qualifications.

5. Authorizations to accept employment may be refused for reasons of public order.

ARTICLE 4

The authorization to exercise a remunerative activity in the receiving State will terminate when the functions of the employee of the Diplomatic Mission, Consular Post or Permanent Mission in said State have ended.

ARTICLE 5

1. Dependents who exercise remunerative activities in the receiving State will not enjoy immunity from civil or administrative jurisdiction with respect to all matters arising out of such activities, and remain subject to the legislation and courts of said State in relation to these activities.

2. 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 in relation to his or her employment, the sending State will give serious consideration to any written request that may be submitted by the receiving State for the waiving of such immunity.

ARTICLE 6

Dependents who exercise remunerative activities in the receiving State will be subject to all legislation in respect of taxation and Social Security contributions relevant to the exercise of such activities.

ARTICLE 7

The Parties undertake to adopt the measures which may be necessary to implement the present Agreement.

ARTICLE 8

1. The present Agreement will take effect provisionally from the time of signature and will enter into force when the Parties notify each other of the completion of their respective internal procedures.

2. Either one of the Parties may terminate the present Agreement at any time by notifying the other Party; the termination will be effective three months from the date of the notification.

DONE February 8, 1990 in Madrid in duplicate, in the English, French and Spanish languages, all being equally authentic.

Julie Loranger
Ambassador Extraordinary and Plenipotentiary of Canada

FOR CANADA

Francisco Fernández-Ordóñez
Minister of Foreign Affairs

FOR THE KINGDOM OF SPAIN