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13162 Guyana - Agreement Concerning the Employment on a Reciprocal Basis of Dependents of Official Employees


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13162

 

 

EMPLOYMENT

 

 

 

 


Agreement Between the
UNITED STATES OF AMERICA
and GUYANA

Effected by Exchange of Notes
Dated at Georgetown August 16 and 21, 2001

 

 

 


 

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.”

 

GUYANA

Employment

Agreement effected by exchange of notes
Dated at Georgetown August 16 and 21, 2001;
Entered into force August 21, 2001.

Tel: No. 61607 - 9
Fax: No. 59192
EXTERNAL GUYANA
MINISTRY OF FOREIGN AFFAIRS,
"Takuba Lodge"
254 South Road & New Garden Street,
Georgetown,
Guyana.
Note No: - 544/2001
The Ministry of Foreign Affairs of the Cooperative Republic of
Guyana presents its compliments to the Embassy of the United States of
America and has the honour to provide for its consideration a proposed
agreement for the employment on a reciprocal basis of members of the
families of resident diplomats.
Begin ad referendum language: For the purpose of this agreement,
dependents shall mean legally married spouse, 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 purpose of this agreement, official employees shall mean
diplomatic agents, consular officers and members of support staff
assigned to Diplomatic Missions, Consular Offices and Missions to
International Organisations.
In the case of dependents who seek employment in the United
States, an official request shall be made by the Embassy of Guyana in
Washington to the Office of the Protocol in the Department of State. After
the processing of the official request, the Embassy of Guyana will be
informed by the Office of Protocol that the dependent may accept
employment.
In the case of dependents who seek employment in Guyana, an
official request shall be made by the Embassy of the United States of
America in Georgetown to the Office of Protocol in the Ministry of Foreign
Affairs. After the processing of the official request, the Embassy of the
United States of America will be informed by the Office of Protocol that
the dependent may accept employment.
The United States Government and the Government of Guyana wish
to confirm their understanding that dependents who obtain employment
under this agreement and who have immunity from jurisdiction of the
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receiving states in accordance with the Vienna Convention on Diplomatic
Relations or 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.
If a dependent under the terms of this Agreement who enjoys
immunity from criminal jurisdiction of the receiving state under the
Vienna Convention on Diplomatic Relations is accused of an offence
related to the remunerated activity, the sending state shall seriously
consider any written request for waiver of such immunity.
The Ministry of Foreign Affairs further proposes that, if these
provisions are acceptable to the Embassy of the United States of America,
this Note and the response of the Embassy of the United States of
America concurring therein shall constitute an agreement between the
Governments of the Cooperative Republic of Guyana and the United States
of America 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. End ad referendum language.
The Ministry of Foreign Affairs of the Cooperative Republic of
Guyana avails itself of this opportunity to renew to the Embassy of the
United States of America the assurances of its highest consideration.
Georgetown. Guyana
August 16, 2001.
2
EMBASSY OF THE
UNITED STATES OF AMERICA
No. 225
The Embassy of the United States of America presents its
compliments to the Ministry of Foreign Affairs of the Cooperative Republic of
Guyana and has the honor to refer to the Ministry's Note No. 544/2001 dated
August 16, 2001, and wishes to inform the Ministry that the Government of the
United States of America accepts the provisions of the agreement. The text of the
agreement reads as follows:
"For the purpose of this agreement, dependents shall mean legally married
spouse, 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 purpose of this agreement, official employees shall mean
diplomatic agents, consular officers and members of support staff assigned to
Diplomatic Missions, Consular Offices and Missions to International
Organisations.
1
In the case of dependents who seek employment in the United States, an
official request shall be made by the Embassy of Guyana in Washington to the
Office of the Protocol in the Department of State. After the processing of the
official request, the Embassy of Guyana will be informed by the Office of
Protocol that the dependent may accept employment.
In the case of dependents who seek employment in Guyana, an official
request shall be made by the Embassy of the United States of America in
Georgetown to the Office of Protocol in the Ministry of Foreign Affairs. After the
processing of the official request, the Embassy of the United States of America
will be informed by the Office of Protocol that the dependent may accept
employment.
The United States Government and the Government of Guyana wish to
confirm their understanding that dependents who obtain employment under this
agreement and who have immunity from jurisdiction of the receiving states in
accordance with the Vienna Convention on Diplomatic Relations or 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
2
receiving state. Dependents continue to enjoy all other privileges and immunities
to which they are entitled.
If a dependent under the terms of this Agreement who enjoys immunity
from criminal jurisdiction of the receiving state under the Vienna Convention on
Diplomatic Relations is accused of an offence related to the remunerated activity,
the sending state shall seriously consider any written request for waiver of such
immunity.
The Ministry of Foreign Affairs further proposes that, if these provisions
are acceptable to the Embassy of the United Sates of America, this Note and the
response of the Embassy of the United States of America concurring therein shall
constitute an agreement between the Governments of the Cooperative Republic of
Guyana and the United States of America 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 Government of the United States is pleased to confirm that the
Ministry's Note and this Note in reply constitute an agreement which shall enter
into force on August 21, 2001.
The Embassy of the United States of America avails itself of this
opportunity to renew to the Ministry of Foreign Affairs of the Cooperative
3
Republic of Guyana the assurances of its highest consideration.
Embassy of the United States of America,
Georgetown, August 21, 2001
4



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