Home | Databases | WorldLII | Search | Feedback Canadian Treaty Series

Agreement between the Government of Canada and the Government of the Federal Republic of Germany on the gainful occupation of members of the families of members of a diplomatic mission or career consular post [2007] CATSer 8 (1 May 2007)

E105083

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY ON THE GAINFUL OCCUPATION OF MEMBERS OF THE FAMILIES OF MEMBERS OF A DIPLOMATIC MISSION OR CAREER CONSULAR POST

THE GOVERNMENT OF CANADA and THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY (hereinafter referred to as "the Parties"),

DESIROUS of improving the employment opportunities for members of the families of members of a diplomatic mission or career consular post,

HAVE AGREED AS FOLLOWS:

ARTICLE 1

Definitions

For the purposes of this Agreement

1. "member of a diplomatic mission or career consular post" means any home-based employee of the sending State assigned to a diplomatic mission or career consular post or to a mission to an International Organization based in the receiving State;

2. "member of the family" means

a) in respect of the German Party the spouse, the partner in a registered partnership (Lebenspartner / Lebenspartnerin in eingetragener Partnerschaft) and the partner living in the same household (Lebensgefährte) registered with the relevant Personnel Division of the Federal Foreign Office;

b) in respect of the Canadian Party the spouse, same-sex spouse or common-law partner and

c) in respect of both Parties children of up to 25 years of age who permanently form part of the household of the member of the diplomatic mission or career consular post in the receiving State;

3. "gainful occupation" means every form of remunerative employment, whether self-employed or as an employee, including vocational training.

ARTICLE 2

Authorization to engage in a gainful occupation

1. Members of the family shall be authorized, on a reciprocal basis, to engage in a gainful occupation in the receiving State. Notwithstanding the work permit issued pursuant to this Agreement, regulations pertaining to specific professions in the receiving State shall apply. The individuals concerned are exempt from the requirement to obtain a residence permit when taking up a gainful occupation in the Federal Republic of Germany. In Canada, the relevant residence permits shall be issued where necessary.

2. In exceptional cases, members of the family may continue their gainful employment for an appropriate but limited period of time without a residence permit and/or a work permit (EU) once the assignment of the member of a diplomatic mission or career consular post in the receiving State has ended.

ARTICLE 3

Procedures

The diplomatic mission of the sending State shall notify the Ministry of Foreign Affairs of the receiving State of the commencement and termination of a gainful occupation of the member of the family.

ARTICLE 4

Immunity from civil and administrative jurisdiction

If members of the family enjoy immunity from the civil and administrative jurisdiction of the receiving State in accordance with the Vienna Convention of 18 April 1961 on diplomatic relations or under any other applicable international instrument, such immunity shall not apply in respect of any act or omission in the course of the gainful occupation.

ARTICLE 5

Immunity from criminal jurisdiction

1. In the case of members of the family who enjoy immunity from the criminal jurisdiction of the receiving State in accordance with the Vienna Convention of 18 April 1961 on diplomatic relations or under any other applicable international instrument, the provisions concerning immunity from the criminal jurisdiction of the receiving State shall also apply in respect of any act carried out in the course of the gainful occupation. However, should a criminal act occur, the sending State shall give serious consideration to waiving the immunity of the member of the family concerned from the criminal jurisdiction of the receiving State.

2. If the sending State does not waive immunity of the member of the family concerned, it shall seize its criminal prosecution authorities with the criminal act committed. The receiving State must be advised of the outcome of the criminal proceedings.

3. The member of the family may be questioned as a witness in the course of a gainful occupation unless the sending State believes that this would be contrary to its interests.

ARTICLE 6

Fiscal and social security regimes

Members of the family shall be subject to the fiscal and social security regimes of the receiving State with regard to their gainful occupation in that State in so far as this does not conflict with other international instruments.

ARTICLE 7

Entry into force and duration

1. This Agreement shall enter into force on the first day of the second month following the date on which the Parties have informed each other that the internal requirements for such entry into force have been fulfilled. The relevant date shall be the day on which the last notification was received.

2. This Agreement shall remain in force for an indefinite period, either Party being able to terminate it at any time by giving three months' notice in writing through diplomatic channels to the other Party.

3. The Parties may amend this Agreement by mutual consent, in accordance with their internal legal procedures.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

DONE in duplicate at Berlin this 11^th day of December 2006 in the English, French and German languages, all three texts being equally authentic.

Paul Dubois

FOR THE GOVERNMENT OF CANADA

Reinhard Silberberg

FOR THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY