REPUBLICA DE CHILE
MINISTERIO DE RELACIONES EXTERIORES
The Hague, October 26th, 1995.
I have the honour of addressing Your Excellency in order to propose to Your Government, on behalf of the Government of the Republic of Chile, an Agreement between our countries, on the following terms:
The dependent family members of a diplomat, career consular officer or member of the administrative, technical and service staff of the diplomatic and consular missions of the Republic of Chile in the Kingdom of the Netherlands and of the diplomatic and consular missions of the Kingdom of the Netherlands in the Republic of Chile, shall be authorized to carry out gainful activities in the receiving State under the same conditions as the nationals of such State, subject to obtaining the corresponding authorization pursuant to the provisions of this Agreement. Such benefit shall also extend to the dependent family members of nationals of the Republic of Chile or the Kingdom of the Netherlands accredited to the international organizations seated in either country.
For the purpose of this Agreement, dependent family members are those forming part of the household of a diplomat, career consular officer or member of the administrative, technical and service staff of the sending State, who have been notified as such by the sending State and have been accepted as such by the receiving State.
Dependent family members shall include:
a) the spouse,
b) unmarried dependent children who have not yet reached the age of 21 or who have not yet reached the age of 26 and who are full time students at an establishment of secondary or higher education,
c) unmarried dependent children who suffer from mental or physical disabilities.
There shall be no restrictions as to the nature or type of activity that can be carried out. However, it shall be understood that for activities requiring special qualifications, it shall be necessary for the dependent family member to comply with the rules that govern the practice of those activities in the receiving State. In addition, authorization may be witheld in such cases where, by reasons of security, only nationals of the receiving State can be employed.
The application for authorization to carry out a gainful activity shall be made by the respective diplomatic or consular mission through a Note Verbale to the Directorate of the Ceremonial and Protocol of the Ministry of Foreign Affairs of the Republic of Chile and the Protocol Department of the Ministry of Foreign Affairs of the Kingdom of the Netherlands, respectively. Such application shall identify the dependent and briefly state the nature of the activity proposed to be carried out. Upon proving that the person for whom authorization is sought meets the requirement set forth in this Agreement, the respective Department shall promptly advise the mission concerned that the dependent has authorization to carry out gainful activities.
A dependent family member who carries out gainful activities under this Agreement, shall not enjoy immunity from civil or administrative jurisdiction in case of actions brought against him/her in respect of acts or contracts directly related to the carrying out of such gainful activities.
In the event that a dependent family member enjoys immunity from criminal jurisdiction pursuant to the Vienna Conventions on Diplomatic or Consular Relations or any other applicable international agreement and is accused of committing a criminal offence in connection with the carrying out of a gainful activity, the sending State shall, at the written request of the receiving State, waive the immunity of that dependent from the criminal jurisdiction, save when the sending State adjudges such a waiver to be contrary to its interests.
A waiver of immunity from criminal proceedings shall not be construed as extending to execution of the sentence, for which a specific waiver shall be required. In such cases, the sending State shall give serious consideration to the written application of the receiving State requesting the waiver of this latter immunity.
a) If a dependent family member carries out gainful activities in accordance with the provisions of this Agreement, this fact shall not affect diplomatic or consular exemptions from taxes, duties or charges now or therefore granted to this family member.
However, no exemption will be granted from taxes levied on income derived from the carrying out of such gainful activities.
b) A dependent family member who carries out gainful activities in accordance with the provisions of this Agreement, shall be subject to the social security legislation of the receiving State.
This Agreement does not imply acknowledgment of diplomas and degrees or studies between the two countries.
The authorization to carry out a gainful activity in the receiving State shall expire on the date on which the diplomat, career consular officer or member of the administrative or technical and service staff of whose family the dependent is a member terminates his/her assignment in the receiving State.
This Agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties have notified each other that their respective constitutional requirements for the entry into force of this Agreement have been complied with.
Either Contracting Party may terminate this Agreement at any time deemed advisable by giving written notice through diplomatic channels and it shall cease to be in force on the first day of the seventh month following the day on which notice is given.
If the foregoing proposal is acceptable to Your Excellency, I have further the honour to propose that this letter, which is authentic in the Spanish and English languages, together with Your Excellency's affirmative reply shall constitute an agreement between the Republic of Chile and the Kingdom of the Netherlands which shall enter into force in accordance with the provisions of article 10 of the foregoing text.
I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.
(sd.) M. F. AMUNÁTEGUI
Mariano Fernández Amunátegui
Subsecretario de Relaciones Exteriores
Mr. M. Patijn
State Secretary for Foreign Affairs
of the Kingdom of the Netherlands