Agreement between the Kingdom of the Netherlands and the Republic of Croatia on employment
of partners of members of diplomatic missions and consular posts
[Wordt voorlopig toegepast per 06-05-2005]
The Kingdom of the Netherlands
and
The Republic of Croatia,
hereinafter referred to as ``the Parties",
Desiring to conclude an Agreement with a view to facilitating employment of partners
of members of diplomatic missions and consular posts from the sending State on the
territory of the receiving State,
Have agreed as follows:
Article 1. Authorisation to engage in gainful occupation
[Wordt voorlopig toegepast per 06-05-2005]
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1 Based on reciprocity, a partner of a member of a diplomatic mission or a consular
post of the sending State is authorised to engage in a gainful occupation in the receiving
State in accordance with the provisions of the laws and regulations of the receiving
State and subject to the provisions of this Agreement.
Article 2. Procedures
[Wordt voorlopig toegepast per 06-05-2005]
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4 Once it has been established that the partner on whose behalf authorisation is being
requested is a partner as defined in this Agreement, the Ministry of Foreign Affairs
of the receiving State shall officially notify the Embassy of the sending State that
the partner in question may engage in a gainful occupation, and shall issue the corresponding
certificate for the partner.
Article 3. Civil and administrative privileges and immunities
[Wordt voorlopig toegepast per 06-05-2005]
A partner engaging in a gainful occupation in accordance with this Agreement shall
not enjoy immunity from civil and administrative jurisdiction in respect of any claims
brought against him or her on account of acts and agreements directly connected with
the performance of that occupation.
Article 4. Criminal immunity
[Wordt voorlopig toegepast per 06-05-2005]
If the partner authorised to engage in gainful occupation has been granted immunity
from criminal jurisdiction of the receiving State, on the basis of the Conventions:
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a) The sending State shall waive the immunity of the authorised partner concerned from
the criminal jurisdiction of the receiving State in respect of any act or omission
relating to the gainful occupation he or she carries out, except in special cases
in which the sending State considers that such a waiver would be contrary to its interests;
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b) Such a waiver of immunity from criminal jurisdiction shall not be construed as extending
to immunity from the execution of a sentence, for which a specific waiver shall be
required. In such cases, the receiving State shall request the sending State to waive
any such exemption.
Article 5. Social security and taxation
[Wordt voorlopig toegepast per 06-05-2005]
A partner who has obtained authorisation to engage in a gainful occupation under this
Agreement shall be subject to the social security regime of the receiving State for
all matters connected with his or her employment in that State. A partner shall also
be obliged to pay, in the receiving State, all taxes on income arising from the occupation
carried out in accordance with this Agreement.
Article 6. Ending the authorisation
[Wordt voorlopig toegepast per 06-05-2005]
Article 7. Duration and termination
[Wordt voorlopig toegepast per 06-05-2005]
This Agreement has been concluded for an indefinite period of time, and either Party
may terminate it at any time by giving six (6) months' notice in writing to the other
Party through diplomatic channels.
Article 8. Entry into force
[Wordt voorlopig toegepast per 06-05-2005]
This Agreement shall enter into force on the date of the receipt of the last written
notification through diplomatic channels that the requirements provided in the respective
internal legislation for its entry into force have been fulfilled, and shall be provisionally
applied from the date of its signature.