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Exchange of Letters between the Government of Canada and the Government of Argentina constituting an Agreement on the Reciprocal Employment of Dependents [1991] CATSer 6 (20 February 1991)

E101223 - CTS 1991 No. 39

EXCHANGE OF LETTERS BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF ARGENTINA CONSTITUTING AN AGREEMENT ON THE RECIPROCAL EMPLOYMENT OF DEPENDENTS

I

The Ambassador of Canada to the Minister of Foreign Relations and Worship of Argentina

CANADIAN EMBASSY

BUENOS AIRES, February 8, 1991

His Excellency Dr. Guido di Tella
Minister of Foreign Relations and Worship
Buenos Aires

Excellency:

I have the honour to refer to the discussions between our officials concerning the employment of dependents of officers 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 Argentina in the following terms:

1. The two Governments agree that, on the basis of reciprocity, dependents of officers 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) "officer" means (a) diplomatic and consular personnel; (b) other government personnel attached to diplomatic and consular missions and missions to international organizations; and, (c) 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.

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 for security reasons.

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 of the receiving State. This request will indicate that the sending State irrevocably waives the said dependent's immunity from civil and administrative jurisdiction with respect to all matters arising out of such employment. 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 officer in Canada or in Argentina, 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 Argentina; nor will it entitle the said dependents to remain in such employment or to enter into other employment in Canada or in Argentina 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 Argentina, I have the honour to propose that this letter, which is authentic in English, French and Spanish, 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 of your reply. 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.

Clayton G. Bullis

Ambassador

II

The Minister of Foreign Relations and Worship of Argentina to the Ambassador of Canada

BUENOS AIRES, February 20, 1991

His Excellency the Ambassador of Canada
Clayton G. Bullis
Buenos Aires

Mr. Ambassador:

I have the honour of referring to the Note from Your Excellency dated February 8, 1991, which reads as follows:

(See Canadian Note of February 8, 1991)

In this respect, it is my pleasure to inform Your Excellency that the Government of Argentina agrees to the terms of the Note transcribed above, which, together with the present Note, constitute an Agreement between our two Governments in this matter, entering into effect on this date.

I take the opportunity to renew the assurances of my highest consideration.

Guido di Tella