Գլխավոր տեղեկություն
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Agreement
Ակտի տիպ
Հիմնական ակտ (17.08.2016-մինչ օրս)
Կարգավիճակ
Active
Սկզբնաղբյուր
OBMOFA RA 2016.11.09/2(36)
Ընդունող մարմին
Republic of Armenia
Ընդունման ամսաթիվ
03.09.2014
Ստորագրման ամսաթիվ
03.09.2014
Ուժի մեջ մտնելու ամսաթիվ
17.08.2016

A G R E E M E N T

 

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ARMENIA AND THE GOVERNMENT OF THE ARGENTINE REPUBLIC ON THE FREE EXERCISE OF REMUNERATED ACTIVITIES BY DEPENDENT RELATIVES OF DIPLOMATIC, CONSULAR, ADMINISTRATIVE AND TECHNICAL STAFF OF THEIR DIPLOMATIC MISSIONS, CONSULAR OFFICES AND INTERNATIONAL ORGANIZATIONS

 

The Government of the Republic of Armenia and the Government of the Argentine Republic, hereinafter referred to as “the Parties,”

 

Desirous to allow the free exercise of remunerated activities by dependent relatives of members of the Diplomatic Missions, Consular Offices and Permanent Representations of International Organizations of one of the Parties on an official mission in the territory of the State of the other Party,

 

have agreed as follows:

 

Article 1

 

Dependent relatives of diplomatic, consular, administrative and technical staff of the Diplomatic Missions or Consular Offices of the Argentine Republic in the Republic of Armenia and of the Republic of Armenia in the Argentine Republic may exercise remunerated activities in the receiving State, on the same conditions as the nationals of such State, once the required authorization has been obtained, pursuant to the provisions of this Agreement. This benefit shall also extend to dependent relatives of officials accredited to international Organizations located in either of the two States.

 

Article 2

 

For the purposes of this Agreement, dependent relatives shall mean:

 

a) a spouse,

b) unmarried children under 21 years old under the charge of their parents or under 25 years old studying in tertiary-level institutions of higher education, and

c) unmarried children, who are physically or mentally disabled and under the charge of their parents.

 

Article 3

 

There shall be no restrictions as regards the nature or type of employments that may be engaged. It is, however, understood that, in professions or activities requiring special qualifications, dependent relatives shall be required to comply with the rules governing the exercise of such professions or activities in the receiving State. On the other hand, the authorization may be refused in cases in which, for reasons of security, only nationals of the receiving State may be employed.

 

Article 4

 

Requests for authorization to engage in remunerated activities shall be submitted by the respective Diplomatic Mission to the Ministry of Foreign Affairs of the receiving State through a Verbal Note. The request shall certify the kinship between the beneficiary and the official of whom they are dependant and the remunerated activity in which the beneficiary wishes to engage. Upon verification that the person for whom authorization is requested is included in the categories defined in this Agreement, the Ministry of Foreign Affairs of the receiving State shall immediately and officially inform the Embassy of the accrediting State that the dependent relative has been authorized to work, subject to the national legislation of the receiving State.

 

Article 5

 

Dependent family members enjoying immunity from jurisdiction under “the Vienna Convention on Diplomatic Relations” of April 18, 1961, the “Vienna Convention on Consular Relations” of April 24, 1963, the “Convention on the Privileges and Immunities of the United Nations” of February 13, 1946 or any other international instrument, and who have obtained employment in accordance with this Agreement, shall not have the benefit of immunity from civil and administrative jurisdiction regarding actions against them arising out of activities or contracts directly related to the performance of such activities, and shall be subject to the legislation and courts of the receiving State in connection with such activities.

 

Article 6

 

In the case of dependent relatives having immunity from criminal jurisdiction in accordance with the “Vienna Convention on Diplomatic Relations” of April 18, 1961 or the “Vienna Convention on Consular Relations signed on April 24, 1963, and charged with a crime committed in relation to their work, the accrediting State shall give serious consideration to any written request submitted by the receiving State for a waiver of immunity. The abovementioned shall be construed without prejudice to the right of the accrediting State to decide that a waiver of immunity is contrary to its interests.

 

Article 7

 

A dependent family member who engages in remunerated activities in the receiving State shall be subject to the applicable legislation of the that State governing tax and social security matters in relation to the exercise thereof.

 

Article 8

 

This Agreement shall not entail recognition of degrees, diplomas or studies between both Parties.

 

Article 9

 

The authorization to engage in remunerated activities in the receiving State shall expire within maximum two months as from the date on which the diplomatic or consular agent or administrative or technical official in charge of the dependent relative ends their assignment to the Government or international organization to which they are accredited. The time that they may spend in this situation shall be of no value or effect when requesting working and residence permits governed by the general regulations of the receiving State.

 

Article 10

 

The Parties undertake to adopt any measures they may deem necessary for the implementation of the provisions of this Agreement.

 

Article 11

 

By the initiative of any of the Parties and upon mutual consent amendments and supplements to the present Agreement may be done. They shall be formulated in separate protocols, which will be integral part of this Agreement and will enter into force in the order prescribed by Article 14 hereof.

 

Article 12

 

Any dispute arising in the course of interpretation or implementation of the provisions of this Agreement shall be settled through negotiations and consultations between the Parties.

 

Article 13

 

Either Party may terminate this Agreement through written notification to the other Party, through diplomatic channels, of its intention to terminate it. The termination shall be effective six months after the date of receipt of the last notification of the Parties.

 

Article 14

 

This Agreement shall enter into force on the date of receipt of the last notification by which the Parties inform each other about the fulfillment of their necessary internal procedures for its entry into force and it is concluded for an indefinite period.

 

Done at Yerevan on September 3, 2014, in two originals in the Armenian, Spanish and English languages, all texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.

 

The Agreement has entered into force on 17 August 2016