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13072 Turkey - Agreement Relating to the Employment of Dependents of Official Government Employees


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13072

 

 

EMPLOYMENT

 

 

 


Agreement Between the
UNITED STATES OF AMERICA
and TURKEY

Effected by Exchange of Notes
Signed at Ankara November 23, 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.”

 

TURKEY

Employment

Agreement effected by exchange of notes
Signed at Ankara November 23, 1999;
Entered into force February 3, 2000.

PIGY/4304-888
Ankara, November 23rd, 1999
Excellency,
I have the honor to present my compliments to Your Excellency and
with a view to replacing the exchange of notes between the Ministry of
Foreign Affairs of the Republic of Turkey and the Embassy of the United
States of America of August 28 and 29, 1996, have the pleasure on behalf
of the Government of Turkey to propose that the members of the family
forming part of the household of a member of the diplomatic staff or
administrative and technical staff officially sent by the Government of
Turkey to serve in the United States of America at the Embassy, consular
offices and missions to international organizations and the members of the
family forming part of the household of a member of the diplomatic staff
or administrative and technical staff officially sent by the Government of
the United States of America to serve in Turkey at the Embassy, consular
offices and missions to international organizations shall be authorized, on
H.E. Mark R. PARRIS
Ambassador of the United
States of America
ANKARA
2
the basis of reciprocity and under the conditions indicated below, to pursue
gainful employment in the receiving state, in accordance with the provisions
of the law of the receiving state:
1. "The members of the family" shall include:
a) Spouses,
b) Unmarried dependent children under 21 years of age of the family-
forming unit and,
c) Unmarried dependent children under 23 years of age of the family-
forming unit who are in full-time attendance as students at a post-
secondary educational institution.
2. Any authorization to engage in a gainful occupation in the
receiving state shall be terminated at the end of the assignment of the
member of a diplomatic mission, consular post or mission to an
international organization.
3. Procedures
a) A request for authorization to engage in a gainful occupation
shall be sent on behalf of the member of the family by the embassy of the
3
sending state to the Ministry of Foreign Affairs of the receiving state.
b) The procedures followed shall be applied in a way which enables
the member of the family to engage in a gainful occupation as soon as
possible and any requirements relating to work permits and similar
formalities shall be favourably applied.
c) The work authorization shall be issued for a period not
exceeding two years and can be renewed for successive periods of equal
duration.
d) The work authorization can be issued only for employment in the
field of education and academic research or other job categories as may be
agreed by the two parties on a case by case basis through an exchange of
diplomatic notes. It may be denied for persons who have worked illegally in
the receiving country or have committed violations of the laws or
regulations in the field of taxation and social security there. The
authorization can also be denied for reasons of national security.
4. Criminal immunity
In the case of members of the family who enjoy immunity from the
criminal jurisdiction of the receiving state in accordance with the
Vienna Convention on Diplomatic Relations or under any other
4
applicable international instrument,
a) The sending state shall waive the immunity of the member of the
family concerned from the criminal jurisdiction of the receiving state in
respect of any act carried out in the course of the gainful occupation save
in instances when the sending state considers that such a waiver could be
contrary to its interests.
b) The sending state shall give serious consideration to waiving the
immunity of the member of the family from the execution of a sentence.
5. Civil and administrative privileges and immunities
In the case of members of the family who enjoy immunity from the
civil and administrative jurisdiction of the receiving state in accordance
with the Vienna Convention on Diplomatic Relations or under any other
applicable international instrument, such immunity shall not apply in respect
of any act carried out in the course of the gainful occupation and falling
within the civil or administrative laws of the receiving state.
6. Fiscal and social security regimes
In accordance with the Vienna Convention on Diplomatic Relations
or under any other applicable international instrument, members of the
5
family shall be subject to the fiscal and social security regimes of the
receiving state for all matters connected with their gainful occupation in the
receiving state.
7. Duration and termination
Should the above be acceptable, I have the honor to propose that this
Note and Your Excellency's affirmative Note in reply shall constitute an
agreement between our two Governments which shall enter into force upon
an exchange of diplomatic notes confirming that the internal procedures for
entry into force have been fulfilled by both states parties to this Bilateral
Employment Agreement.
The agreement shall remain in force until terminated by either state
giving 6 (six) months' notice in writing to the other state.
I avail myself of this opportunity to renew to Your Excellency the
assurances of my highest consideration.
For the Minister of Foreign
Affairs
Aydan KARAHAN
Ambassador
Deputy Undersecretary
EMBASSY OF THE
UNITED STATES OF AMERICA
Ankara, November 23, 1999
No. 1536
Excellency:
I have the honor to refer to Your Excellency's
note No. PIGY/4304-888 of November 23, 1999, which
reads as follows:
Quote:
PIGY/4304-888
Ankara, November 23rd, 1999
Excellency,
I have the honor to present my compliments to Your
Excellency and with a view to replacing the exchange of
notes between the Ministry of Foreign Affairs of the
Republic of Turkey and the Embassy of the United States
of America of August 28 and 29, 1996, have the pleasure
on behalf of the Government of Turkey to propose that
the members of the family forming part of the household
of a member of the diplomatic staff or administrative
and technical staff officially sent by the Government
of Turkey to serve in the United States of America at
the Embassy, consular offices and missions to
international organizations and the members of the
His Excellency
Ambassador Aydan Karahan
Deputy Undersecretary
Ministry of Foreign Affairs of the
Republic of Turkey
- 2 -
family forming part of the household of a member of the
diplomatic staff or administrative and technical staff
officially sent by the Government of the United States
of America to serve in Turkey at the Embassy, consular
offices and missions to international organizations
shall be authorized, on the basis of reciprocity and
under the conditions indicated below, to pursue gainful
employment in the receiving state, in accordance with
the provisions of the law of the receiving state:
1. "The members of the family" shall include:
a) Spouses,
b) Unmarried dependent children under 21 years of
age of the family-forming unit and,
c) Unmarried dependent children under 23 years of
age of the family-forming unit who are in full-
time attendance as students at a post-secondary
educational institution.
2. Any authorization to engage in a gainful
occupation in the receiving state shall be terminated
at the end of the assignment of the member of a
diplomatic mission, consular post or mission to an
international organization.
3. Procedures
a) A request for authorization to engage in a
gainful occupation shall be sent on behalf of the
member of the family by the embassy of the sending
state to the Ministry of Foreign Affairs of the
receiving state.
- 3 -
b) The procedures followed shall be applied in a
way which enables the member of the family to engage in
a gainful occupation as soon as possible and any
requirements relating to work permits and similar
formalities shall be favourably applied.
c) The work authorization shall be issued for a
period not exceeding two years and can be renewed for
successive periods of equal duration.
d) The work authorization can be issued only for
employment in the field of education and academic
research or other job categories as may be agreed by
the two parties on a case by case basis through an
exchange of diplomatic notes. It may be denied for
persons who have worked illegally in the receiving
country or have committed violations of the laws or
regulations in the field of taxation and social
security there. The authorization can also be denied
for reasons of national security.
4. Criminal Immunity
In the case of members of the family who enjoy
immunity from the criminal jurisdiction of the
receiving state in accordance with the Vienna
Convention on Diplomatic Relations or under any other
applicable international instrument,
a) The sending state shall waive the immunity of
the member of the family concerned from the criminal
jurisdiction of the receiving state in respect of any
act carried out in the course of the gainful occupation
- 4 -
save in instances when the sending state considers that
such a waiver could be contrary to its interests.
b) The sending state shall give serious
consideration to waiving the immunity of the member of
the family from the execution of a sentence.
5. Civil and administrative privileges and
immunities
In the case of members of the family who enjoy
immunity from the civil and administrative jurisdiction
of the receiving state in accordance with the Vienna
Convention on Diplomatic Relations or under any other
applicable international instrument, such immunity
shall not apply in respect of any act carried out in
the course of the gainful occupation and falling within
the civil or administrative laws of the receiving
state.
6. Fiscal and social security regimes
In accordance with the Vienna Convention on
Diplomatic Relations or under any other applicable
international instrument, members of the family shall
be subject to the fiscal and social security regimes of
the receiving state for all matters connected with
their gainful occupation in the receiving state.
7. Duration and termination
Should the above be acceptable, I have the honor
to propose that this Note and Your Excellency's
affirmative Note in reply shall constitute an agreement
between our two Governments which shall enter into
force upon an exchange of diplomatic notes confirming
- 5 -
that the internal procedures for entry into force have
been fulfilled by both states parties to this Bilateral
Employment Agreement.
The agreement shall remain in force until
terminated by either state giving 6 (six) months'
notice in writing to the other state.
I avail myself of this opportunity to renew to
Your Excellency the assurances of my highest
consideration.
For the Minister of Foreign Affairs
Aydan KARAHAN
Ambassador
Deputy Undersecretary
ANKARA
End quote.
I have the honor to confirm, on behalf of the
Government of the United States of America, that the
proposals contained in Your Excellency's note are
acceptable and that Your Excellency's note and this
note in reply shall constitute an agreement between our
two Governments which shall enter into force upon an
exchange of diplomatic notes confirming that the
internal procedures for entry into force have been
fulfilled by both states parties to this Bilateral
Employment Agreement. The agreement shall remain in
force until terminated by either state giving six (6)
months' notice in writing to the other state.
- 6 -
I avail myself of this opportunity to renew to
Your Excellency the assurances of my highest
consideration.
For the Embassy of the
United States of America
Mark R. Parris
Ambassador



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