EMBASSY OF THE

UNITED STATES OF AMERICA

No. 49

The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs and, with reference to recent discussions between representatives of our two Governments, has the honor to propose the following text of a Bilateral Work Agreement that would confirm our reciprocal arrangements governing employment of dependants of diplomats and other employees of the Embassy, Consulates General, permanent missions, and of NATO personnel in our respective countries:

I. Purpose

Subject to the provisions set forth below, the Government of the Kingdom of the Netherlands and the Government of the United States of America agree to permit, on a reciprocal basis, dependants of diplomats, consular officers and of members of the administrative and technical and service staff assigned to diplomatic missions, consular posts, permanent missions, and of NATO personnel, of the Kingdom of the Netherlands in the United States and of the United States in the Netherlands to take up employment in the receiving State on the same basis as nationals of that State.

II. Definition

1. In this Agreement, “dependants” means members of the family of diplomats, consular officers, or of the administrative and technical or service staff assigned to diplomatic missions, consular posts and permanent missions in the Kingdom of the Netherlands or the United States who form part of the household and who were notified as such to the receiving state by the mission or post concerned, or the spouse or dependant children of NATO personnel.

2. “NATO personnel” means a member of the military or civilian personnel of the Kingdom of the Netherlands assigned to duty in the territory of the United States, or of the United States assigned to duty in the territory of the Netherlands, to whom the Agreement between the Parties to the North Atlantic Treaty regarding the Status of Their Forces, done at London on 19 June 1951, applies, or such categories of civilian personnel in the employ of the Allied Headquarters to whom the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty, done at Paris 28 August 1952, applies; or international civilian staff or experts on mission for NATO to whom the Agreement on the Status of the North Atlantic Treaty Organization National Representatives and International Staff done at Ottawa 20 September 1951, applies.

III. Procedure

1. In the case of dependants of diplomats, consular officers, or of the administrative and technical or service staff assigned to diplomatic missions, consular posts, and permanent missions who seek permission to take up employment in the Kingdom of the Netherlands or in the United States, a written request shall be made by the Embassy of the United States in The Hague, or by the Embassy of the Kingdom of the Netherlands in Washington, to the Protocol Department of the Ministry of Foreign Affairs of the Kingdom of the Netherlands or of the United States Department of State. Such request shall identify the dependant and set forth a brief description of the nature of the employment.

2. In the case of dependants of NATO personnel of the Kingdom of the Netherlands assigned to duty in the territory of the United States, an official request must be made by the sponsoring command or the Embassy of the Kingdom of the Netherlands to the Office of the Legal Advisor, NATO/HQ SACT in Norfolk, Virginia. In the case of dependants of NATO personnel of the United States assigned to duty in the territory of the Netherlands, a written request must be made through the office of the Royal Marechaussee Representative (RMR) at the Headquarters “Joint Force Command Brunssum” at Brunssum to the Netherlands Immigration and Naturalization Department (IND).

IV. Privileges and Immunities

1. Taxation.

Dependants who take up employment under this Agreement shall remain exempt from taxation by the receiving State except for taxes levied on income derived from such employment. In the application of this Agreement by the Netherlands Government, such dependants shall be entitled to the general tax free allowance, to the allowances which relate directly to such employment and to the transfer of personal allowances.

2. Social Security.

Dependants who take up employment under this Agreement are subject to the social security legislation of the receiving State.

3. Immunity from Civil and Administrative Jurisdiction.

As to dependants who take up employment pursuant to this Agreement and who have immunity from the civil and administrative jurisdiction of the receiving State under the Vienna Convention on Diplomatic Relations of April, 1961, the provisions of that Convention shall apply. As to dependants who take up employment pursuant to this Agreement and who may enjoy immunity from the civil and administrative jurisdiction of the receiving State in accordance with the Convention on the Privileges and Immunities of the United Nations, or any other applicable international agreement, such immunity with respect to all matters arising out of such employment is hereby irrevocably waived by the sending State.

4. Immunity from Criminal Jurisdiction.

As to dependants who take up employment pursuant to this Agreement and who have immunity from the criminal jurisdiction of the receiving State under Article 31 of the Vienna Convention on Diplomatic Relations or any other applicable international agreement, requests by the receiving State for waivers of such immunity with respect to matters arising out of such employment shall be given serious consideration by the sending State. This is without prejudice to the right of the sending State to adjudge such waivers to be contrary to its interests. In any event, waiver of immunity from criminal jurisdiction does not imply waiver of immunity from execution of judgment. Waiver of immunity from execution of judgment, if given, must be express and separate.

V. Inapplicability of National Laws

1. Employment Regulations.

The Netherlands and the United States statutory provisions governing the employment of aliens shall not apply in respect of dependants who take up employment pursuant to this Agreement.

2. Entry and Residence Regulations.

The Netherlands and the United States statutory provisions governing the entry and residence of aliens shall not apply in respect of dependants who take up employment pursuant to this Agreement. This paragraph shall not apply to dependants of NATO personnel of the United States assigned to duty in the territory of the Netherlands

VI. General Provisions

1. Termination of Permission.

Permission to take up employment terminates at the end of the assignment to the Netherlands or the United States of the diplomat, consular officer or member of the administrative and technical or service staff of a diplomatic mission, consular post, permanent mission, or of the NATO personnel, of whose family the dependant is a member.

2. Termination of Employment.

Any employment contract entered into by a dependant shall contain a notice to the effect that the contract will terminate without prior notification at the end of the assignment to the Netherlands or the United States of the diplomat, consular officer or member of the administrative and technical or service staff of a diplomatic mission, consular post, permanent mission, or of the NATO personnel, of whose family the dependant is a member.

3. Termination of Residence.

The fact of having taken up employment pursuant to this Agreement shall not entitle dependants to continue to reside in the Netherlands or the United States, nor shall it entitle such dependants to enter into other employment in the Netherlands or in the United States after permission to take up employment has terminated in accordance with paragraph 1 of this Article.

VII. Application