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13090 India - Arrangement on Employment for Family Members of a Diplomatic Mission or Consular Post


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13090

 

EMPLOYMENT

 

 

 

 


Arrangement Between the
UNITED STATES OF AMERICA
and INDIA

 

Signed at New Delhi April 10, 2000

 

 

 

 

 


 

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.”

 

INDIA

Employment


Arrangement signed at New Delhi April 10, 2000;
Entered into force April 10, 2000.

ARRANGEMENT BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE REPUBLIC OF INDIA
ON EMPLOYMENT FOR FAMILY MEMBERS
OF A DIPLOMATIC MISSION OR CONSULAR POST
The Government of the United States of America and the Government
of the Republic of India,
Noting the difficulties encountered by members of the family forming
part of the household of a member of a diplomatic mission or consular post
who wish to engage in employment;
Realizing that many members of such households, in particular
spouses, may wish to work in the State where the member of a diplomatic
mission or consular post is assigned to duty;
Desirous of facilitating the engagement of such family members in
employment in the receiving State;
Have agreed as follows:
1. Authorization to Engage in Employment:
a) The members of the family forming part of the household of a member
of a diplomatic mission or consular post of the sending State shall be
authorized, on a reciprocal basis, to engage in employment in the
receiving State in accordance with the provisions of law of the
receiving state.
b) The receiving State shall retain the right to withhold authorization for
employment in certain areas.
c) Any authorization to engage in employment in the receiving State
shall, in principle, be valid only during the tenure of the member of a
diplomatic mission or consular post in the receiving State.
2. Definitions:
For the purposes of this arrangement:
a) "A member of a diplomatic mission or consular post" means any
employee of the sending State who is not a national of or permanently
resident in the receiving State working in a diplomatic mission,
consular post or mission to an international organization.
b) "A member of the family" means for purposes of this agreement:
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.
2
3. Procedures:
a) A request for authorization to engage in employment shall be sent on
behalf of the member of the family by the diplomatic mission of the
sending State to the Protocol Division of the Ministry of
Foreign/External Affairs of the receiving State.
b) The procedures followed shall be applied in a manner so as to enable
the member of the family to engage in employment as soon as possible
and any requirements relating to work permits and similar formalities
shall be favorably considered.
4. 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 to any
act carried out in the course of employment and falling within the civil or
administrative jurisdiction of the receiving State.
5. 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 provisions concerning immunity from the criminal jurisdiction of
the receiving State shall continue to apply in respect of any act carried
out in the course of employment.
b) However, in the case of serious offences, upon request of the receiving
State, the sending State shall give due consideration to waiving the
immunity of the member of the family concerned from the criminal
jurisdiction of the receiving State.
c) The sending State shall also give due consideration to waiving the
immunity of the member of the family from the execution of a
sentence.
3
6. Fiscal, Social Security and Exchange Control Regimes:
In accordance with the Vienna Convention on Diplomatic Relations or
under any other applicable international instruments, members of the
family shall be subject to the fiscal, social security, and exchange control
regimes of the receiving State for matters connected with their employment
in that State.
7. Settlement of Disputes:
Any settlement of disputes regarding the interpretation or application of
these arrangements shall be settled through mutual consultations.
8. Entry into Operation:
These arrangements shall enter into force on signature and shall continue in
force until terminated by either Party by providing six months' notice in
writing.
IN WITNESS WHEREOF the undersigned, being duly authorized by their
respective Governments, have signed this arrangement.
Done at New Delhi on the tenth day of April 2000.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT
UNITED STATES OF AMERICA OF THE REPUBLIC OF INDIA



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