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13034 New Zealand - Agreement Relating to the Employment of Dependents of Official Government Employees


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13034

 

 

EMPLOYMENT

 

 

 


Agreement Between the
UNITED STATES OF AMERICA
and NEW ZEALAND

Effected by Exchange of Notes
Dated at Washington May 18 and 21, 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.”

 

NEW ZEALAND

Employment

Agreement effected by exchange of notes
Dated at Washington May 18 and 21, 1999;
Entered into force May 21, 1999.

The Department of State refers the Embassy of New
Zealand to discussions regarding the dependent employment
arrangement of November 16 and 23, 1981 in effect between
the two Governments and has the honor to propose that the
requirement of an offer of employment as a precondition for
obtaining work authorization be eliminated. The revised
substantive text would therefore read as follows:
Dependents of employees of the Government of the United
States of America assigned to official duty in New Zealand
and dependents of employees of the Government of New
Zealand assigned to official duty in the United States of
America shall be authorized to accept employment in the
receiving state without restriction as to type of
employment.
For the purposes of this agreement, "dependent" shall
include:
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(I) Spouses
(II) Unmarried dependent children under 21 years of
age
(III) Unmarried dependent children under 25 years of
age who are in full time attendance as
students at a post-secondary educational
institution, and
(IV) Unmarried children who are physically or
mentally disabled.
In the case of dependents of employees of the
Government of New Zealand assigned to official duty in
the United States of America, an official request
shall be made by the Embassy of New Zealand in
Washington to the Office of the Chief of Protocol in
the Department of State. The Embassy shall be
informed when the dependent has permission to accept
employment. In the case of dependents of employees of the
Government of the United States of America assigned to
official duty in New Zealand, an official request shall be
made by the Embassy of the United States of America in
Wellington to the Protocol Division of the Ministry of
Foreign Affairs and Trade. Upon verification that the
person is a dependent of an official employee the
Embassy shall be informed by the Ministry that the
dependent has permission to accept employment.
The sending state of official employees whose
dependents obtain employment under this agreement and
have immunity from jurisdiction of the receiving state
in accordance with article 37 of the Vienna Convention
on Diplomatic Relations, or any other applicable
international agreement, shall waive immunity from
civil and administrative jurisdiction by the receiving
state with respect to all matters arising out of such
employment. Such dependents who accept employment
under this agreement shall be liable for payment of
income tax and social security contributions imposed
on any remuneration received from employment in the
receiving state. Authorization to accept or continue
employment in the receiving state under this agreement
shall terminate upon the departure of the employee
from the receiving state or termination of the
employee's official assignment, whichever is earlier.
The Department of State proposes that, if the terms
set forth in this Note are acceptable to the
Government of New Zealand, this Note and the Embassy's
3
reply thereto shall constitute an agreement between
the two Governments which shall enter into force on the
date of the Embassy's Note. The agreement shall
thereafter remain in effect until terminated by either
Government on ninety days written notice to the
other. Upon entry into force, this agreement supersedes
the agreement of November 16 and 23, 1981.
Department of State
Washington, May 18, 1999.
4
Note Number 27/99
The New Zealand Embassy presents its compliments to the Department of State and has
the honour to refer to the Department's Note of 18 May, 1999, which reads as follows:
"The Department of State refers the Embassy of New Zealand to discussions
regarding the dependent employment arrangement of November 16 and 23, 1981 in
effect between the two Governments and has the honour to propose that the requirement
of an offer of employment as a precondition for obtaining work authorization be
eliminated. The revised substantive text would therefore read as follows:
Dependents of employees of the Government of the United States of America assigned
to official duty in New Zealand and dependents of employees of the Government of
New Zealand assigned to official duty in the United States of America shall be
authorized to accept employment in the receiving state without restriction as to type of
employment.
For the purposes of this agreement, "dependent" shall include:
(I) Spouses
(II) Unmarried dependent children under 21 years of age
(III) Unmarried dependent children under 25 years of age who are in full time
attendance as students at a post-secondary educational institution, and
(IV) Unmarried children who are physically or mentally disabled.
In the case of dependents of employees of the Government of New Zealand assigned to
official duty in the United States of America, an official request shall be made by the
Embassy of New Zealand in Washington to the Office of the Chief of Protocol in the
Department of State. The Embassy shall be informed when the dependent has
permission to accept employment. In the case of dependents of employees of the
Government of the United States of America assigned to official duty in New Zealand,
an official request shall be made by the Embassy of the United States of America in
Wellington to the Protocol Division of the Ministry of Foreign Affairs and Trade. Upon
verification that the person is a dependent of an official employee the Embassy shall be
informed by the Ministry that the dependent has permission to accept employment.
The sending state of official employees whose dependents obtain employment under
this agreement and have immunity from jurisdiction of the receiving state in accordance
with article 37 of the Vienna Convention on Diplomatic Relations, or any other
applicable international agreement, shall waive immunity from civil and administrative
jurisdiction by the receiving state with respect to all matters arising out of such
employment. Such dependents who accept employment under this agreement shall be
liable for payment of income tax and social security contributions imposed on any
remuneration received from employment in the receiving state. Authorization to accept
or continue employment in the receiving state under this agreement shall terminate upon
the departure of the employee from the receiving state or termination of the employee's
official assignment, whichever is earlier.
The Department of State proposes that, if the terms set forth in this Note are acceptable
to the Government of New Zealand, this Note and the Embassy's reply thereto shall
constitute an agreement between the two Governments which shall enter into force on
the date of the Embassy's Note. The agreement shall thereafter remain in effect until
terminated by either Government on ninety days written notice to the other. Upon entry
into force, this agreement supersedes the agreement of November 16 and 23, 1981."
2
The Embassy has further the honour to inform the Department of State that the
foregoing provisions are acceptable to the Government of New Zealand and to confirm
that the Department's Note together with this Note in reply to that effect shall constitute
an Agreement between the two Governments, which shall enter into force on the date of
this Note.
The New Zealand Embassy takes this opportunity to renew to the Department of State
the assurances of its highest consideration.
New Zealand Embassy
WASHINGTON
21 May 1999
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