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Exchange of Notes between the Government of Canada and the Government of Chile constituting an Agreement concerning employment of Dependents of Employees of each Government Assigned to Official Missions in the Other Country [1992] CATSer 6 (28 February 1992)

E101222 - CTS 1992 No. 38

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF CHILE CONSTITUTING AN AGREEMENT CONCERNING EMPLOYMENT OF DEPENDENTS OF EMPLOYEES OF EACH GOVERNMENT ASSIGNED TO OFFICIAL MISSIONS IN THE OTHER COUNTRY

I

The Ambassador of Canada to the Minister of Foreign Relations of Chile

CANADIAN EMBASSY

SANTIAGO, December 17, 1990

EA/102

His Excellency Mr. Enrique Silva Cimma
Minister of Foreign Relations
Santiago, Chile

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 Chile in the following terms:

1. The two Governments agree that, on the basis of reciprocity, dependents of diplomatic, consular, administrative and technical personnel of Diplomatic and Consular missions accredited in the other country, will be authorized to accept employment in the receiving state, in accord with the terms considered in the present Agreement. These benefits would be extended equally to the dependents of the personnel of either Government accredited to an International Organization with Headquarters in the other country.

2. In this Agreement "dependent(s)" 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 restrictions 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 of the receiving State. 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 Chile, 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 Chile; nor will it entitle the said dependents to remain in such employment or to enter into other employment in Canada or in Chile after permission has been terminated.

6. A dependent who obtains employment under this agreement, will not enjoy immunity from civil or administrative jurisdiction with respect to all acts or contracts related directly to this employment.

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 Chile, 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 on which the two Governments communicate reciprocally that all of the internal processes necessary for the approval or the treaties have been completed by both Contracting Parties. 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.

Michael T. Mace

Ambassador

II

The Minister of External Relations of Chile to the Ambassador of Canada

(Translation)

REPUBLIC OF CHILE

SANTIAGO, January 21, 1991

No. 2056

His Excellency Michael Mace,
Ambassador Extraordinary and
Plenipotentiary of Canada

Dear Mr. Ambassador:

I have the honour to refer to your Excellency's Note No. EA/102 of 17 December 1990, the text of which follows:

(See Note No. EA/102 from Canada)

Accordingly, it gives me particular pleasure to inform your Excellency that my Government accepts fully the conditions of your Note to which I have the honour to reply and which, together with the present communication, shall constitute an agreement between our two Governments to enter into force in accordance with the procedure set out above.

Please accept renewed expressions of my highest esteem and consideration.

Enrique Silva Cimma