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13007 Benin - Agreement Relating to the Employment of Dependents of Official Government Employees


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13007

 

 

EMPLOYMENT

 

 


Agreement Between the
UNITED STATES OF AMERICA
and BENIN

 

Effected by Exchange of Notes
Dated at Washington September 22 and
December 3, 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.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BENIN

Employment


Agreement effected by exchange of notes
Dated at Washington September 22, and
December 3, 1998;
Entered into force December 3, 1998.

 

Embassy of the Republic of Benin
To the United States of America
2737 Cathedral Avenue, N. W.
Washington, D.C. 20008
Tel. (202) 232-6656Fax. (202)265-1996
N°497/ABW/CM/MC/PROT
The Embassy of the Republic of Benin presents its compliments
to the Department of State and has the honor to propose that, on a
reciprocal basis, dependents of employees of the United States Government
assigned to official duty in Benin and dependents of employees of the
Government of Benin assigned to official duty in the United States be
authorized to be employed in the receiving country.
For the purposes of this agreement "dependents" shall include :
- Spouses;
- Unmarried dependent children under 21 years of age ;
- Unmarried dependent children under 23 years of age
who are in full time attendance as students at a post-secondary
educational institution ; and
Unmarried children who are physically or mentally disabled.
For the purposes of this agreement, "employees of the Benin
Government" and "employees of the United States Government" means
persons assigned to diplomatic and consular positions as well as persons
assigned to missions accredited to international organizations, and
includes the administrative and technical members of the staff of such
missions, but not members of the service staff.
In the case of dependents who seek employment in the United
States, an official request must be made by the Embassy of Benin in
Washington to the office of Protocol in the Department of State. Upon
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verification that the person is a dependent of an official employee of the
Government of Benin and processing of the official request, the Embassy of
Benin will be informed by the Government of the United States that the
dependent has permission to accept employment.
In the case of dependents who seek employment in Benin, an
official request must be made by the United States Embassy in Cotonou to
the Protocol Section of the Ministry of Foreign Affairs. Upon verification
that the person is a dependent of an official employee of the United States
Government, the United States Embassy will be informed by the Protocol
Section that the dependent has permission to accept employment.
No restriction will be placed on the type of employment that
may be undertaken. It is understood, however, that in positions where
particular qualifications are required, it will be necessary for the
dependent to meet those qualifications.
Dependents who obtain employment under this agreement and
who have immunity from the jurisdiction of the receiving country in
accordance with Article 31 of the Vienna Convention on Diplomatic
Relations or in accordance with the Convention on the Privileges and
Immunities of the United Nations, or any other applicable international
agreement, do not enjoy immunity from civil and administrative
jurisdiction with respect to matters arising out of such employment. Such
dependents are also liable to pay all taxes and other deductions which may
lawfully be due on any remuneration received as a result of employment in
the receiving state.
In the event that a dependent who has immunity from criminal
jurisdiction in accordance with the Vienna Convention on Diplomatic
Relations or any other applicable international agreement is accused of a
criminal offense committed in relation to his or her employment, the
sending state will give serious consideration to any written request that
may be submitted by the receiving state for the waiving of such immunity.
The Government of Benin further proposes that, if these
understandings are acceptable to the Department of State, this note and
the Government of Benin's reply concurring therein shall constitute an
Agreement between our two Governments which shall enter into force on
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the date of that reply note. This Agreement shall remain in force until
ninety days after the date of the written notification from either
Government to the other of intention to terminate.
Embassy of Benin
Washington, D.C. September 22nd, 1998
The Department of State refers the Embassy of the
Republic of Benin to the Embassy's diplomatic note Number
497/ABW/CM/MC/PROT dated September 22, 1998, proposing a
reciprocal bilateral work agreement for employment of
family members of official Embassy employees. The
Department of State confirms that the referenced note
together with this reply constitutes an agreement which
shall enter into force on December 3, 1998, and shall
remain in force until ninety days after the date of the
written notification from either government to the other of
its intention to terminate.
Department of State,
Washington, December 3, 1998



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