rijk/verdrag/verdrag-tussen-het-koninkrijk-der-nederlanden-en-de-republiek-el-salvador-inzake/BWBV0006631

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag tussen het Koninkrijk der Nederlanden en de Republiek El Salvador inzake het vrij verrichten van betaalde werkzaamheden door afhankelijke gezinsleden van diplomatiek, consulair, administratief en technisch personeel van diplomatieke vertegenwoordigingen en consulaire posten	BWBV0006631	verdrag	geldend	2017-12-01	https://wetten.overheid.nl/BWBV0006631	Verdrag tussen het Koninkrijk der Nederlanden en de Republiek El Salvador inzake het vrij verrichten van betaalde werkzaamheden door afhankelijke gezinsleden van diplomatiek, consulair, administratief en technisch personeel van diplomatieke vertegenwoordigingen en consulaire posten

Verdrag tussen het Koninkrijk der Nederlanden en de Republiek El Salvador inzake het vrij verrichten van betaalde werkzaamheden door afhankelijke gezinsleden van diplomatiek, consulair, administratief en technisch personeel van diplomatieke vertegenwoordigingen en consulaire posten

Artikel 1

The dependent family members of diplomatic, consular, administrative and technical staff of diplomatic missions and consular posts of the Republic of El Salvador in the Kingdom of the Netherlands and of the Kingdom of the Netherlands in the Republic of El Salvador, are authorised to exercise gainful employment in the receiving State, under the same conditions as nationals of that State, once the authorisation is granted in accordance with the provisions of this Agreement and the laws and regulations from the receiving State.

Artikel 2

For purposes of this Agreement,

a. a. members of the mission means:

      The head of mission and the members of the diplomatic, consular, administrative, technical and service staff of a mission of the sending State who carry out duties at those diplomatic missions or consular posts and who do not have the nationality of the receiving State or reside permanently in that State;

• The head of mission and the members of the diplomatic, consular, administrative, technical and service staff of a mission of the sending State who carry out duties at those diplomatic missions or consular posts and who do not have the nationality of the receiving State or reside permanently in that State; b. b. dependent family member means:

      The spouse or the partner of a member of the mission;
  
  
      An unmarried financially dependent child of a member of the mission, who is between the ages of 16 and 23 years;
  
  
      An unmarried financially dependent child of a member of the mission, who is considered by the receiving State, on the basis of national regulations or on humanitarian grounds, to form part of the household of the member of the diplomatic mission or consular post.
  

• The spouse or the partner of a member of the mission;

• An unmarried financially dependent child of a member of the mission, who is between the ages of 16 and 23 years;

• An unmarried financially dependent child of a member of the mission, who is considered by the receiving State, on the basis of national regulations or on humanitarian grounds, to form part of the household of the member of the diplomatic mission or consular post. c. c. A child that engages in full-time gainful employment shall not be considered to be financially dependent.

Artikel 3

1. A family member shall obtain authorisation from the receiving State before engaging in gainful employment in that State. The Embassy shall send a request for authorisation, on the family member’s behalf, to the Protocol Department of the Ministry of Foreign Affairs of the receiving State.

2. The request shall be accompanied by the necessary documentation concerning the gainful employment the family member wishes to engage in, establishing the full identity of the person concerned and indicating the nature of the employment for which authorisation is requested.

3. The family member is not exempted from the obligation to comply with special requirements applicable to the performance of certain occupations. The sending State may not interpret the provisions of this Agreement as conferring a right to engage in a particular profession. It is understood that, in those occupations in which special qualifications are required, the dependent family member shall meet the rules governing the exercise of these occupations in the receiving State, as well as the provisions that establish percentages of foreigners on the staff of a company. In addition, the authorisation may be refused in cases where, in accordance with the legislation of the receiving State, only nationals of the receiving State can be employed.

4. Once it has been established that the person on whose behalf authorisation is being requested is a family member as defined in this Agreement and that the applicable procedure has been observed, the Ministry of Foreign Affairs of the receiving State shall officially notify the Embassy concerned of the decision taken on the request for authorisation to engage in gainful employment under the applicable legislation of the receiving State.

5. The authorisation to engage in gainful employment shall be printed on the family member’s identity card.

6. The receiving State may refuse or cancel authorisation to perform the occupation if at any time the family member contravenes the immigration or naturalisation laws or the tax laws of the receiving State.

7. The authorisation is only for the performance of a specific occupation, in case of the performance of an occupation different to the one allowed, the interested person must apply for a new authorisation.

Artikel 4

A dependent family member enjoying immunity from jurisdiction under the Vienna Convention on Diplomatic Relations or any other international agreement shall not enjoy civil or administrative immunity in respect of the actions relating to their gainful employment.

Artikel 5

In the event that a dependent family member enjoys immunity from the criminal jurisdiction of the receiving State in accordance with the Vienna Convention on Diplomatic Relations:

a. a. The sending State shall waive the immunity of the dependent family member concerned from the criminal jurisdiction of the receiving State in respect of any act or omission in connection with their gainful employment, except in special cases in which the sending State considers that such waiver is contrary to their interests. b. b. The waiver of immunity does not cover preventive measures or the enforcement of a judgment, for which a separate waiver is required. In such cases, the receiving State shall request the sending State in writing to waive such immunity.

Artikel 6

A family member who has obtained authorisation to engage in gainful employment under this Agreement shall be subject to the social security regime of the receiving State for all matters connected with their employment in that State. A family member is also obliged to pay, in the receiving State, all taxes on income arising from a gainful employment carried out in accordance with this Agreement.

Artikel 7

This Agreement does not imply recognition of diplomas, degrees or studies between the two Parties.

Artikel 8

The authorisation granted to a dependent family member to engage in gainful employment in the receiving State ends when the appointment of the officer of a diplomatic mission or consular post in question in the receiving State ends.

Gainful employment taken up in accordance with the terms of this Agreement shall not entitle a dependent family member to continue to reside in the receiving State nor shall it entitle the said dependent family member to remain in such employment or to enter into any other employment in the receiving State after authorisation granted under this Agreement has been terminated.

Artikel 9

The Parties shall adopt all necessary measures to implement this Agreement.

Artikel 10

By mutual consent the Parties may introduce any changes and additions to this Agreement in the form of separate protocols being an integral part of this Agreement, which shall enter into force in accordance with Article 12 of this Agreement.

Artikel 11

Any disputes arising from the interpretation or application of the provisions of this Agreement shall be settled by the Parties through consultations and negotiations.

Artikel 12

1. This Agreement shall enter into force on the first day of the second month after the last notification through diplomatic channels in which the Parties communicate the accomplishment of the requirements of their national legal systems necessary for the entry into force.

2. With regard to the Kingdom of the Netherlands, this Agreement shall apply to the European part of the Netherlands, the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), Aruba, Curaçao and Sint Maarten, unless the notification from the Kingdom of the Netherlands referred to in paragraph 1 of this Article provides otherwise. In the latter case the Kingdom of the Netherlands may extend the application of this Agreement at any time to one or more of its constituent parts by notification to El Salvador through diplomatic channels.

Artikel 13

This Agreement shall remain in force for an indefinite period, unless either Party terminates this Agreement by notifying the other Party in writing through diplomatic channels, of its intention to terminate it. The denunciation shall take effect six months from the notification date.