Agreement between the Kingdom of Belgium and the Government of New Zealand on the Employment of Dependants of Diplomatic and Consular Staff [2006] NZTS 5 (1 June 2006)

<title>Agreement between the Kingdom of Belgium and the Government of New Zealand on the Employment of Dependants of Diplomatic and Consular Staff [2006] NZTS 5 (1 June 2006)</title>
AGmEMENT BETWEEN THE WNGDOM 01FBELGIUM AND THE GOVEmMENT OF NIEW ZEALAND ON THE EMPLOYMENT OF DEPENDANTS OF DIPLOMATIC AND CONSULAR STAFF

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The K And ' Belgiun

The Government of New Zealand Desiring to conclude an agreement which aims to facilitate the gainful occupation of certain family members of the staff of diplomatic missions and consular posts of the

sendir~gState Agree on thej

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the terri lowing: the receiving

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ARTICLE 1 Scope of the Agreement On a reciprocal basis, the following are authorized to engage in gainful

occupation in the receiving state: a) the spouse and dependent children up to eighteen years of a diplomatic agent or of a consular official of the sending State accredited to (1) the receiving State, or (2) any international organization in the receiving State; b) as well as the spouse of another member of the staff of the mission of the sending State or of the staff of the consular post of the same State. as defined in Article 1 of the Vienna Conventions on Diplomatic (1961) and Consular Relations (1963). 2. Authorization to engage in a gainful occupation shall be given by the authorities of the receiving State in accordance with the laws and regulations in force in that State and subject to the provisions of this Agreement.


Such authorizationdoes not extend to nationals or permanent residents of the

Unless the receiving State decides otherwise, authorization shall not be given iaries who, having engaged in a gainful occupation,cease to form part e household of the staff described in the paragraph 1 of Article 1. The authorization shall apply during the period in whicli the staff described in ragraph 1 of Article 1 is assikid to thediplomatic mission or consular post of the nding State in the territory of the receiving State until the conclusion of the term of e assignment (or within an acceptable timeframe followingthis event).

ARTICLE 2 Procedures All requests for authorization to engage in a gainful occupation shall be sent, behalf of the beneficiary, by the Embassy of the sending State to the Office of otocol in the Ministry of Foreign Affairs and Trade of New Zealand or to the tocol Division of the Belgian Federal Public Service Foreign Affairs, Foreign de and Development Cooperationrespectively.Upon verificationthat the person is a dependant of an official employee within the scope of the provisions of Article 1, and processing of the official request, the embassy of the sending State shall be informed by the government of the receiving State that the dependant may accept employment. 2. The procedures followed shall be applied in a way, which will peimit the beneficiary of the authorizationto engage in a gainful occupation as soon as possible. All reauirements relating: to work permits and any other similar formalities shall be favorably applied. 3. Authorization for the beneficiary to engage in a gainful occupation shall not imply exemption from any legal or other requirements relating to personal characteristics, professional or other qualificationsthat the individual concerned must demonstrate in engaging in a gainful occupation. 4. Nothing in this Agreement shall give the right to a dependant to undertake employment, which, under the legislation of the receiving State, can only be undertaken by a national of that State.

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ARTICLE 3 Civil and administrativeprivileges and immunities In cases where the beneficiary of the authorization to engage in a gainful occupation enjoys immunity from the civil and administrative jurisdiction of the receiving State, in accordance with the provisions of the Vienna Conventions on diplomatic and consular relations or of any other applicable international instrument, suc

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shall be waived in respect of any act carried out in th occupation and falling within the civil or administrative l The sending State shall also waive immunity from e relation to these acts.

ARTHCLE 4 Criminal Immunity In cases where a beneficiary of the authorisation to enjoys immunity from the criminal jurisdiction of th

tate, in accordance

with the provisions of the Vienna Conventions referred to above or of any other international instrument: a) the sending State shall waive the immunity from criminal jurisdiction enjoyed by the beneficiary of the authorisation with regard to the receiving State in respect of my act or omission arising fiom the gainful occupation, except in special instanceswhere the sending State considers that such a waiver could be contrary to its own interests. b) Such a waiver of immunity ffom criminal jurisdiction shall not be construed as extending to immunity from execution of the sentences, for which a specific waiver will be required. In the case of such a request, the sending State shall give serious consideration to the request of the receiving State.

ARTICLE 5 Taxation and social security regimes In accordance with the provisions of the Vienna Conventions on diplomatic and consular relations or of any other applicable international instrument, beneficiaries of the authorization to engage in a gainful occupation shall be subject to the taxation and social security regimes of the receiving State for all matters come gainful occupation in that State.

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ARTICLE 6 Amendment This Agreement is concluded for an indeterminate period,

termination in accordance with Article 7.

2. This Agreement may be amended once the Parties have agre

"endments and have completed their appropriate internal procedures and have

notified each other by an exchange of diplomatic notes that their internal procedures ave been completed. Amendments shall enter into force on the first day of the @and month following the date of receipt of the last of these notifications.


@ ARTICLE 4 Duration and termination This Agreement shall remain in force for an indefinite period, either Party being able to terminate it at any time by giving three months notice in writing to the other Party.

ARTICLE 8 Entry into Force Each Party shall notify the other through diplomatic channels of the completion of its internal procedural requirements for the entry into force of this Agreement. This Agreement shall enter into force on the first day of the second month following the date of receipt of the last of these notifications.

DJ WITNESS WHEREOF, the undersigned representatives, duly authorisedby their respective Governments, have signed this Agreement.

DONE at Brussels on the 2-25rd day of the month of +pvi/ of the year Ao"s,

in two original copies, each in the French, Dutch and English languages, each text being equally authentic. The English language text will prevail in case of differences in interpretation.

For the Government of