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13053 Turkmenistan - Agreement Relating to the Employment of Dependents of Official Government Employees


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13053

 

 

EMPLOYMENT

 

 

 


Agreement Between the
UNITED STATES OF AMERICA
and TURKMENISTAN

Effected by Exchange of Notes
Dated at Ashgabat July 15 and 20, 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.”

 

TURKMENISTAN

Employment

Agreement effected by exchange of notes
Dated at Ashgabat July 15 and 20, 1999;
Entered into force July 20, 1999.

05/1629
The Ministry of Foreign Affairs of Turkmenistan presents
its compliments to the Embassy of the United States of America
and has the honor to propose that, on a reciprocal basis,
dependents of official employees of the Government of
Turkmenistan assigned to official duty in the United States and
dependents of official employees of the United States
Government assigned to official duty in Turkmenistan be
authorized to be employed in the receiving state.
For the purposes of this agreement,
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 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
Turkmenistan, an official request must be made by the United
States Embassy in Ashgabat to the Ministry of Foreign Affairs of
Turkmenistan. After the processing of the official request, the
United States Embassy will be informed that the dependent may
accept employment.
EMBASSY
OF THE UNITED STATES OF AMERICA
Ashgabat
2
In the case of dependents who seek employment in the
United States, an official request must be made by the Embassy
of Turkmenistan in Washington to the Office of Protocol in the
Department of State. After the processing of the official request,
the Embassy of Turkmenistan will be informed that the
dependent may accept employment.
The Government of Turkmenistan 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 Convention 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 Ministry of Foreign Affairs of Turkmenistan further
proposes that, if these provisions are acceptable to the
Government of the United States of America, this note and the
Embassy'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 Ministry of Foreign Affairs of Turkmenistan avails
itself of this opportunity to renew to the Embassy of the United
States of America the assurances of its highest consideration.Ashgabat,
July 15, 1999
No. 262/99
The Embassy of the United States of America
presents its compliments to the Ministry of Foreign Affairs
of Turkmenistan and acknowledges receipt of the Ministry's
Note No.05/1629 dated July 15, 1999. The Embassy wishes to
inform the Ministry that the Government of the United States
of America concurs that dependents of members of Turkmen
diplomatic and consular posts and missions to international
organizations in the United States and members of the United
States diplomatic and consular posts and missions to
international organizations in Turkmenistan be authorized to
work in the receiving country, in accordance with the
proposal contained in the aforementioned note, which reads
as follows:
"The Ministry of Foreign Affairs of Turkmenistan
presents its compliments to the Embassy of the United States
of America and has the honor to propose that, on a
reciprocal basis, dependents of official employees of the
Government of Turkmenistan assigned to official duty in the
United States and dependents of official employees of the
United States Government assigned to official duty in
Turkmenistan be authorized to be employed in the receiving
state.
For the purposes 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 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
Turkmenistan, an official request must be made by the United
States Embassy in Ashgabat to the Ministry of Foreign
Affairs of Turkmenistan. After the processing of the
official request, the United States Embassy will be informed
that the dependent may accept employment.
In the case of dependents who seek employment in the
United States, an official request must be made by the
Embassy of Turkmenistan in Washington to the Office of
Protocol in the Department of State. After the processing
of the official request, the Embassy of Turkmenistan will be
informed that the dependent may accept employment.
The Government of Turkmenistan 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 Convention 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 Ministry of Foreign Affairs of Turkmenistan further
proposes that, if these provisions are acceptable to the
government of the United States of America, this note and
the Embassy'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 is pleased
to confirm that the Ministry's note and this note in reply
constitute an agreement between the two governments which
shall enter into force on today's date 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 Turkmenistan in Washington, D.C. may now
submit dependent employment requests to the Office of
Protocol of the Department of State in accordance with the
procedures set forth by the Office of Protocol and with
applicable regulations of the United States Immigration and
Naturalization Service.
The Embassy takes this opportunity to renew to the
Ministry of Foreign Affairs the assurance of its highest
consideration.
Embassy of the United States of America
Ashgabat, July 20, 1999
2



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