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13028 Mongolia - Agreement Concerning the Employment of Dependents of Official Government Employees


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13028

 

 

EMPLOYMENT

 

 

 


Agreement Between the
UNITED STATES OF AMERICA
and MONGOLIA

Effected by Exchange of Notes
Dated at Ulaanbaatar March 24 and April 5, 1999

 

 

 

 

 

 

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.”

 

MONGOLIA

Employment

Agreement effected by exchange of notes
Dated at Ulaanbaatar March 24 and April 5, 1999;
Entered into force April 5, 1999.

EMBASSY OF THE
UNITED STATES OF AMERICA
# 34/99
The Embassy of the United States of America presents its compliments to the Ministry of
External Relations of Mongolia and has the honor to reiterate that, on a reciprocal basis, dependents of
official employees of the United States Government assigned to official duty in Mongolia and dependents
of official employees of the Mongolian Government assigned to official duty in the United States of
America be authorized to be employed in the receiving state.
For the purpose of this Agreement, "Dependents" shall mean:
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 purpose of this Agreement, official employees shall mean diplomatic agents, consular
officers, and member of support staffs, assigned to diplomatic mission, consular offices and missions to
international organizations.
In the case of dependents who seek employment in the United States, an official request must be
made by the Embassy of Mongolia in Washington or the Mongolian Mission to the United Nations in
New York to the Office of Protocol in the Department of State. After processing the official request, the
Embassy or UN Mission will be informed that the dependent may accept employment.
In the case of dependents who seek employment in Mongolia, the request shall be made by the
United States Embassy in Ulaanbaatar to the Ministry of External Relations. After processing the official
request, United States Embassy will be informed that the dependent may accept employment.
The United States Government and the Government of Mongolia wish to confirm their
understanding that dependents who obtain employment under this Agreement and who have immunity
from the jurisdiction of the receiving state in accordance with the Vienna Convention on Diplomatic
Relations or the Conventions on the Privileges and Immunities of the United Nations, or any other
applicable international Agreement, have no immunity from civil or administrative jurisdiction with
respect to matters arising out of such employment. Such dependents are also responsible for payment of
income and social security taxes on any renumeration received as a result of employment in the receiving
state. Dependents continue to enjoy all other privileges and immunities to which they are entitled.
EMBASSY OF THE UNITED STATES OF AMERICA
MARCH 24, 1999
ULAANBAATAR, MONGOLIA
2.
The Embassy further proposes that, if these provisions are acceptable to the Government of
Mongolia, this note and the Mongolian Government's reply concurring therein shall constitute an
Agreement between the two Governments which shall enter into force on the date of that reply note and
shall remain in force until ninety days after the date of the written notification from either Government to
the other of intention to terminate.
The Embassy of the United States of America wishes to avail itself of this opportunity to renew to
the Ministry of External Relations the assurances of its highest consideration.
I certify that this is a true
copy of the original Embassy
Diplomatic Note.
No. A-99/262
The Ministry of External Relations of Mongolia presents its compliments to the Embassy
of the United States of America and has the honour to acknowledge receipt of the note of
the Embassy #34/99 dated on March 24, 1999, which reads as follows:
"The Embassy of the United States of America presents its compliments to the
Ministry of External Relations of Mongolia and has the honour to reiterate that, on a
reciprocal basis, depensdents of official employees of the United States Government
assigned to official duty in Mongolia and dependents of official employees of the
Mongolian Government assigned to official duty in the United States of America be
authorised to be employed in the receiving state.
For the purpose of this Agreement, "Dependents" shall mean:
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 institutions; and
Unmarried children who are physically or mentally disabled.
For the purpose of this Agreement, official employees shall mean diplomatic
agents, consular officers, and member of support staffs, assigned to diplomatic mission,
consular officers, and missions to international organizations.
In the case of dependents who seek employment in the United States, an official
request must be made by the Embassy of Mongolia in Washington or the Mongolian
Mission to the United Nations in New York to the Office of Protocol in the Department
of State. After processing the official request, the Embassy or UN Mission will be
informed that the dependent may accept employment.
In the case of dependents who seek employment in Mongolia, an official request
must be made by the United States Embassy in Ulaanbaatar to the Ministry of External
Relations of Mongolia. After processing the official request, United States Embassy will
be informed that the dependent may accept employment.
EMBASSY OF THE UNITED STATES OF AMERICA
ULAANBAATAR
The Government of Mongolia and the United States Government wish to confirm
their understanding that dependents who obtain employment under this Agreement and
who have immunity from the jurisdiction of the receiving state in accordance with the
Vienna Convention on Diplomatic Relations or the Conventions on the Privileges and
Immunities of the United Nations, or any other applicable international Agreement, have
no immunity from civil or administrative jurisdiction with respect to matters arising out
of such employment. Such dependents are also responsible for payment of income and
social security taxes on any remuneration received as a result of employment in the
receiving state. Dependent continue to enjoy all other privileges and immunities to which
they are entitled."
In reply the Ministry has the honour to state that the provisions set forth in the
mentioned note are acceptable and that the Government of Mongolia concurs in the
proposal that the note of the Embassy and this reply constitute an agreement between our
two Governments on this subject, the agreement to come into force on the date of this
note and to remain in force until ninety days after the date of the written notification from
either Government to the other of intention to terminate.
The Ministry of External Relations of Mongolia avails itself of this opportunity to
renew to the Embassy of the United States of America the assurances of its highest
consideration.
5 April 1999
Ulaanbaatar



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