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Exchange of Letters between the Government of Canada and the Government of the Kingdom of the Netherlands constituting an Agreement relating to the Employment of Dependents [1991] CATSer 32 (18 December 1991)

E101225 - CTS 1991 No. 43

EXCHANGE OF LETTERS BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS CONSTITUTING AN AGREEMENT RELATING TO THE EMPLOYMENT OF DEPENDENTS

I

The Ambassador of Canada to the Minister of Foreign Affairs of the Netherlands

CANADIAN EMBASSY

THE HAGUE, 1 May 1991

Excellency,

I have the honour to refer to the discussions between our officials concerning the employment of dependents and wish to propose an agreement between our two Governments 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) "Diplomatic Convention" means the Vienna Convention on Diplomatic Relations of April 18, 1961;

(ii) "Employee" means diplomatic and consular personnel, other government personnel attached to diplomatic and consular missions and administrative, technical and support staff;

(iii) "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 children who are incapable of self-support.

(iv) "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 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. a) In the case of a dependent who has taken up employment in accordance with the provisions of this Agreement and who is accused of committing a criminal offence in the course of such employment, the provisions concerning immunity from criminal jurisdiction of the Diplomatic Convention or any other applicable agreement shall apply subject to the following provisions;

b) In cases as referred to under a) the sending State shall, if the receiving State so requests, waive the immunity of the dependent concerned from the criminal jurisdiction of the receiving State, save in special instances when the said sending State adjudges such a waiver to be contrary to its interests;

c) A waiver of immunity from criminal proceedings will state clearly that it does not extend to immunity from execution of the sentence for which a separate specific waiver will be required; in such cases the sending State will give serious consideration to waiving the latter immunity.

6. For dependents who obtain employment under this Agreement and who have immunity from the jurisdiction of the receiving State in accordance with the Diplomatic Convention 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 cases in which this Agreement applies, the taking up of employment by dependents will not be prejudicial to exemption from taxation, except for taxes levied on income derived from the said employment.

8. Dependents shall pay any social security deductions levied by the receiving State on any remuneration arising from such employment.

9. Permission to take up employment will be deemed to be terminated without prior notification upon the termination of the assignment of the employee in the Netherlands or in Canada, 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 the Netherlands or in Canada; nor will it entitle the said dependents to remain in such employment or to enter into other employment in the Netherlands or in Canada after permission has been terminated.

10. As for the Kingdom of the Netherlands, the Agreement applies to the Kingdom as a whole.

If the foregoing is acceptable to the Government of the Kingdom of the Netherlands, 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 date on which the Government of the Kingdom of the Netherlands notifies the Government of Canada that the applicable Netherlands constitutional requirements have been fulfilled and shall remain in force until ninety days after the date of written notification from either Government to the other of its intent to terminate this Agreement.

Accept, Excellency the renewed assurance of my highest consideration.

Jacques Gignac

II

The Minister of Foreign Affairs of the Netherlands to the Ambassador of Canada

THE HAGUE, 1 May 1991

Excellency,

I have the honour to acknowledge receipt of your Excellency's letter of 1 May 1991, the text of which reads as follows:

(See Canadian Note of May 1, 1991)

In reply I have the honour to confirm to Your Excellency that the foregoing proposal is acceptable to the Government of the Kingdom of the Netherlands and that Your Excellency's letter, together with this letter, constitute an Agreement between our two Governments, which shall enter into force on the date on which the Government of the Kingdom of the Netherlands notifies the Government of Canada that the constitutional requirements have been fulfilled.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

Hans van den Broek