between the Government of the Republic of Armenia and the Government of the Federal Republic of Germany on the gainful occupation of members of the families of members of a diplomatic mission, consular post or permanent mission

The Government of the Republic of Armenia

and

the Government of the Federal Republic of Germany,

hereinafter referred to as "the Parties",

Desirous of improving the opportunities for gainful occupation for members of the families of members of a diplomatic mission, consular post or permanent mission,

Have agreed as follows:

Article 1

Definitions

For the purposes of this Agreement

1. "members of a diplomatic mission, consular post or permanent mission" means any home-based employee of the sending State assigned to a diplomatic mission, consular post or to a permanent mission to an International Organisation in the receiving State;

2. "members of the family" means

a) the spouse,

b) any single and economically dependent child under 25 years of age, as well as

c) any other person who has been notified by the sending State as member of the family and accepted as such by the receiving State,

who permanently form part of the household of the member of the diplomatic mission, consular post or permanent mission in the receiving State;

3. "gainful occupation" means every form of remunerative employment, whether self-employed or as an employee, including vocational training.

Article 2

Authorisation to engage in a gainful occupation

(1) Members of the family shall be authorised, on a reciprocal basis, to engage in a gainful occupation in the receiving State. Notwithstanding the work permit issued in conformity with this Agreement, regulations pertaining to specific professions in the receiving State shall apply. The individuals concerned shall be exempt from the requirement to obtain a residence permit when taking up a gainful occupation.

(2) The authorisation for the member of the family to engage in a gainful occupation shall terminate once the assignment of the member of the diplomatic mission, consular post or permanent mission in the receiving State has ended.

Article 3

Procedures

(1) If a member of the family desires to engage in a gainful occupation, the diplomatic mission of the sending State shall communicate this by way of a Note Verbale to the Protocol of the Ministry of Foreign Affairs of the receiving State. The name of the member of the family, the name and address of the employer as well as the designation of the desired occupation shall be stated.

(2) Once it has been established that the member of the family is covered by the provisions of this Agreement, the Ministry of Foreign Affairs of the receiving State shall inform the diplomatic mission of the sending State without delay in writing that the member of the family is authorised to engage in a gainful occupation.

(3) The diplomatic mission of the sending State shall notify the Ministry of Foreign Affairs of the receiving State of the commencement and termination of the gainful occupation of the member of the family.

Article 4

Immunity from civil and administrative jurisdiction

If members of the family enjoy immunity from the civil and administrative jurisdiction of the receiving State in accordance with the Vienna Convention of 18 April 1961 on diplomatic relations or under any other applicable international instrument, such immunity shall not apply in respect of any act or omission in connection with the gainful occupation.

Article 5

Immunity from criminal jurisdiction

(1) 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 of 18 April 1961 on diplomatic relations or under any other applicable international instrument, the provisions concerning immunity from the criminal jurisdiction of the receiving State shall also apply in respect of any act carried out in connection with the gainful occupation. However, should a criminal act occur, the sending State shall give serious consideration to waiving the immunity of the member of the family concerned from the criminal jurisdiction of the receiving State.

(2) If the sending State does not waive the immunity of the member of the family concerned, it shall inform its criminal prosecution authorities of any criminal act committed by such person. The receiving State must be advised of the outcome of the criminal proceedings.

(3) The member of the family may be questioned as a witness in connection with a gainful occupation unless the sending State believes that this would be contrary to its interests.

Article 6

Fiscal and social security regimes

Members of the family shall be subject to the fiscal and social security regimes of the receiving State with regard to their gainful occupation in that State in so far as this does not conflict with other applicable international instruments.

Article 7

Amendments and supplements

This Agreement may be amended or supplemented at any time by a written agreement between the Parties. Any such agreement shall enter into force as provided for under Article 9 below.

Article 8

Dispute settlement

Any disputes concerning the interpretation or application of this Agreement shall be settled through consultations and negotiations between the Parties.

Article 9

Entry into force and duration

(1) This Agreement shall enter into force on the date on which the Parties have informed each other in writing through diplomatic channels that the national requirements for such entry into force have been fulfilled. The relevant date shall be the day on which the last communication is received.

(2) This Agreement shall remain in force for 5 (five) years and shall be automatically renewed for further periods of equal duration, unless either Party notifies the other Party in writing through diplomatic channels of its desire to terminate this Agreement giving 6 (six)՛months’ notice prior to the expiry of any such period.

Done at Berlin on 6 April 2016 in duplicate in the Armenian, German and English languages, all texts being authentic. In case of divergent interpretations of the German and Armenian texts, the English text shall prevail.

The Agreement has entered into force on 29 December 2016.