TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13030
Agreement Between the
UNITED STATES OF AMERICA
Effected by Exchange of Notes
Dated at Washington October 29, 1998
and April 16, 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.”
Agreement effected by exchange of notes
Dated at Washington October 29, 1998 and April 16, 1999;
Entered into force April 16, 1999.
NOTE NO. 103/98
The Embassy of the Republic of Malawi presents its compliments to the
Department of State and has the honour to propose that, on a reciprocal basis, dependents
of employees of the Malawi Government assigned to official duty in the United States of
America and dependents of employees of the United States Government assigned to
official duty in Malawi be authorized to be employed in the receiving state.
For the purposes of this agreement, "dependents" shall mean:
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, official employees shall mean diplomatic
agents, consular officers, and members of support staffs, assigned to diplomatic missions,
consular offices and missions to international organizations.
In the case of dependents who seek employment in Malawi the request shall be
made by the United States Embassy in Lilongwe to the Ministry of Foreign Affairs. After
the processing of the official request, the United States Embassy will be informed that the
dependent may accept employment.
In the case of such dependents who seek employment in the United States, an
official request must be made by the Embassy of the Republic of Malawi, Washington to
the Office of Protocol in the Department of State. After the processing of the official
request, the Malawi Embassy will be informed that the dependent may accept
The Malawi Government 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. Dependents continue to enjoy all other privileges and immunities to
which they are entitled.
The Embassy of the Republic of Malawi further proposes that, if these provisions
are acceptable to the Government of the United States, this Note and the Government of
the United States' 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 Republic of Malawi avails itself of this opportunity to renew
to the Department of State the assurances of its highest consideration.
OCTOBER 29th, 1998
The Department of State refers the Embassy of the
Republic of Malawi to the Embassy's diplomatic note Number
103/98 dated October 29, 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
April 16, 1999, 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, April 16, 1999.