The Hague, 28 June 2007
Treaties Division
DJZ/VE-526/07
Agreement between the Kingdom of the Netherlands and the Hague Conference on Private
International Law regarding employment opportunities of members of the families forming
part of the household of the officials of the Hague Conference on Private International
Law
The Ministry of Foreign Affairs of the Kingdom of the Netherlands presents its compliments
to the Hague Conference on Private International Law and, with reference to the Statute
of the Hague Conference on Private International Law, concluded on 31 October 1951
at The Hague and entered into force on 15 July 1955, amended by decision of 30 June
2005 entered into force on 1 January 2007, the Exchanges of Letters of 1 December
1959, 8/10 May 1989, 16/17 December 1992, 28 February/5 March 2002 and 1/8 May 2006
between the Government of the Kingdom of the Netherlands and the Hague Conference
on Private International Law and following the Note of the Permanent Bureau of the
Hague Conference on Private International Law of 19 February 2007, has the honour
to propose the following in respect of the privileges and immunities of the staff
of the Hague Conference on Private International Law:
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1. Members of the family forming part of the household of all categories of officials
in the service of the Hague Conference on Private International Law shall be authorised
to engage in gainful employment in the Netherlands for the duration of the term of
office of the officials concerned.
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2. The following persons are members of the family forming part of the household in the
sense of paragraph 1:
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a) the spouses or registered partners of officials in the service of the Hague Conference
on Private International Law;
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b) children of officials in the service of the Hague Conference on Private International
Law who are under the age of 18;
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c) children of officials in the service of the Hague Conference on Private International
Law who are aged 18 or over, but not older than 27, provided that they formed part
of the official’s household prior to their first entry into the Netherlands and still
form part of this household, and that they are unmarried, financially dependent on
the official concerned and are attending fulltime education in the Netherlands;
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d) children of officials in the service of the Hague Conference on Private International
Law who are aged 18 or over, but not older than 23; they shall also be recognized
as members of the family forming part of the household if they are not studying as
long as they are unmarried and financially dependent on the official concerned.
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3. Persons mentioned in paragraph 2 who obtain gainful employment shall enjoy no immunity
from criminal, civil or administrative jurisdiction with respect to matters arising
in the course of or in connection with such employment. However, any measures of execution
shall be taken without infringing the inviolability of their person or of their residence,
if they are entitled to such inviolability.
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4. In case of the insolvency of a person aged under 18 with respect to a claim arising
out of a gainful employment of that person, the immunity of the official in the service
of the Hague Conference on Private International Law of whose family the person concerned
is a member shall be waived for the purpose of settlement of the claim, in accordance
with the provisions of the applicable agreements with the Hague Conference on Private
International Law.
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5. The employment referred to in paragraph 1 shall be in accordance with Netherlands
legislation, including fiscal and social security legislation, unless any other applicable
international legal instrument provides otherwise.
If this proposal is acceptable to the Hague Conference on Private International Law,
the Ministry proposes that this Note and the Hague Conference on Private International
Law’s affirmative reply to it shall together constitute an Agreement between the Kingdom
of the Netherlands and the Hague Conference on Private International Law. This Agreement,
the French and English texts of which are equally authentic, shall enter into force
on the date of receipt of the Hague Conference on Private International Law’s reply
by the Ministry.
The Ministry of Foreign Affairs of the Kingdom of the Netherlands avails itself of
this opportunity to renew to the Hague Conference on Private International Law the
assurances of its highest consideration.
The Hague Conference on Private International Law
The Hague
