TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12947
Agreement Between the
UNITED STATES OF AMERICA
Signed at Dakar April 28, 1998
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—
“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”
Agreement signed at Dakar April 28, 1998;
Entered into force April 28, 1998.
THE GOVERNMENT OF THE REPUBLIC OF SENEGAL
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
RELATIVE TO EMPLOYMENT OF DEPENDENTS OF STAFF MEMBERS
OF DIPLOMATIC AND CONSULAR MISSIONS
1. Authorization to Engage in Paid or Voluntary Work
a) Family members belonging to the household of a member of a diplomatic mission
or consular post of a sending state will be authorized, on the basis of reciprocity, to
engage in paid or voluntary work in the receiving state, following the legal provisions in
the host state.
b) For purposes of this Agreement
(i) A member of a diplomatic or consular post is agreed to be either a member of its
diplomatic staff or a member of its administrative and technical staff, and designates any
of the sending state's employees who are assigned to a diplomatic, or a consular post, or a
mission of an international organization, and who are not citizens of the receiving state.
(ii) "A member of the family" of a member of a diplomatic mission or a consular
post is agreed to be:
a male or female spouse
an unmarried dependent child under 21 years of age
an unmarried dependent child under 23 years of age who is in full-time attendance as
student at a post –secondary educational institution, and
an unmarried child who is physically or mentally disabled
(a) The sending state's Embassy will send a request to authorize commitment in a paid
or voluntary work on behalf of the candidate family member to the Ministry of Foreign
Affairs of the host state.
(b) The proceedings will be applied so as to allow the candidate family member to commit himself/herself in paid or voluntary work as quickly as possible, and any request
to a work permit or other similar formality will be promptly handled.
3. Civil and Administrative Privileges and Immunities
In the case of family members enjoying the host state's civil and administrative
jurisdiction and according to the Vienna Convention on Diplomatic Relations of
April 18, 1961, or any other relevant international instrument, this immunity will not be
applicable for any action perpetrated while performing this paid or voluntary work
governed under the host state's civil and administrative laws.
4. Criminal Immunity
In the case of family members enjoying immunity vis-a-vis the host state's criminal
jurisdiction and according to the Vienna Convention on Diplomatic Relations or any
other international relevant instrument:
The sending state will give serious consideration to lifting the involved family member's
immunity vis-a-vis the host state's criminal jurisdiction for anything regarding an action
perpetrated while performing this paid or voluntary work.
5. Fiscal and Social Security Systems
According to the Vienna Convention on Diplomatic Relations of April 18, 1961, or any
other relevant international instrument, family members involved will be bound by the
host state's fiscal and social security systems for all matters regarding their paid or
voluntary work in the host state.
6. Term and Cancellation
This agreement will remain in force for an indefinite period of time. Each state may
terminate it at anytime by notifying the other state in writing, 90 (ninety) days in
Done in Dakar, on April 28, 1998, in two (2) original copies in French and English.
The two (2) copies are equally authentic.
Dane F. Smith, Jr.
Minister of Foreign Affairs