The Kingdom of the Netherlands
and
the Republic of El Salvador,
In their desire to allow gainful employment based on reciprocal treatment to dependent
family members of employees from their Diplomatic Missions and Consular Posts of one
of the Parties in an official mission, in the territory of the other Party,
The dependent family members of diplomatic, consular, administrative and technical
staff of diplomatic missions and consular posts of the Republic of El Salvador in
the Kingdom of the Netherlands and of the Kingdom of the Netherlands in the Republic
of El Salvador, are authorised to exercise gainful employment in the receiving State,
under the same conditions as nationals of that State, once the authorisation is granted
in accordance with the provisions of this Agreement and the laws and regulations from
the receiving State.
For purposes of this Agreement,
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a. members of the mission means:
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The head of mission and the members of the diplomatic, consular, administrative, technical
and service staff of a mission of the sending State who carry out duties at those
diplomatic missions or consular posts and who do not have the nationality of the receiving
State or reside permanently in that State;
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b. dependent family member means:
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The spouse or the partner of a member of the mission;
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An unmarried financially dependent child of a member of the mission, who is between
the ages of 16 and 23 years;
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An unmarried financially dependent child of a member of the mission, who is considered
by the receiving State, on the basis of national regulations or on humanitarian grounds,
to form part of the household of the member of the diplomatic mission or consular
post.
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c. A child that engages in full-time gainful employment shall not be considered to be
financially dependent.
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1 A family member shall obtain authorisation from the receiving State before engaging
in gainful employment in that State. The Embassy shall send a request for authorisation,
on the family member’s behalf, to the Protocol Department of the Ministry of Foreign
Affairs of the receiving State.
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3 The family member is not exempted from the obligation to comply with special requirements
applicable to the performance of certain occupations. The sending State may not interpret
the provisions of this Agreement as conferring a right to engage in a particular profession.
It is understood that, in those occupations in which special qualifications are required,
the dependent family member shall meet the rules governing the exercise of these occupations
in the receiving State, as well as the provisions that establish percentages of foreigners
on the staff of a company. In addition, the authorisation may be refused in cases
where, in accordance with the legislation of the receiving State, only nationals of
the receiving State can be employed.
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4 Once it has been established that the person on whose behalf authorisation is being
requested is a family member as defined in this Agreement and that the applicable
procedure has been observed, the Ministry of Foreign Affairs of the receiving State
shall officially notify the Embassy concerned of the decision taken on the request
for authorisation to engage in gainful employment under the applicable legislation
of the receiving State.
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7 The authorisation is only for the performance of a specific occupation, in case of
the performance of an occupation different to the one allowed, the interested person
must apply for a new authorisation.
A dependent family member enjoying immunity from jurisdiction under the Vienna Convention on Diplomatic Relations or any other international agreement shall not enjoy civil or administrative immunity
in respect of the actions relating to their gainful employment.
In the event that a dependent family member enjoys immunity from the criminal jurisdiction
of the receiving State in accordance with the Vienna Convention on Diplomatic Relations:
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a. The sending State shall waive the immunity of the dependent family member concerned
from the criminal jurisdiction of the receiving State in respect of any act or omission
in connection with their gainful employment, except in special cases in which the
sending State considers that such waiver is contrary to their interests.
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b. The waiver of immunity does not cover preventive measures or the enforcement of a
judgment, for which a separate waiver is required. In such cases, the receiving State
shall request the sending State in writing to waive such immunity.
A family member who has obtained authorisation to engage in gainful employment under
this Agreement shall be subject to the social security regime of the receiving State
for all matters connected with their employment in that State. A family member is
also obliged to pay, in the receiving State, all taxes on income arising from a gainful
employment carried out in accordance with this Agreement.
This Agreement does not imply recognition of diplomas, degrees or studies between
the two Parties.
The authorisation granted to a dependent family member to engage in gainful employment
in the receiving State ends when the appointment of the officer of a diplomatic mission
or consular post in question in the receiving State ends.
Gainful employment taken up in accordance with the terms of this Agreement shall not
entitle a dependent family member to continue to reside in the receiving State nor
shall it entitle the said dependent family member to remain in such employment or
to enter into any other employment in the receiving State after authorisation granted
under this Agreement has been terminated.
The Parties shall adopt all necessary measures to implement this Agreement.
By mutual consent the Parties may introduce any changes and additions to this Agreement
in the form of separate protocols being an integral part of this Agreement, which
shall enter into force in accordance with Article 12 of this Agreement.
Any disputes arising from the interpretation or application of the provisions of this
Agreement shall be settled by the Parties through consultations and negotiations.
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2 With regard to the Kingdom of the Netherlands, this Agreement shall apply to the European
part of the Netherlands, the Caribbean part of the Netherlands (the islands of Bonaire,
Sint Eustatius and Saba), Aruba, Curaçao and Sint Maarten, unless the notification
from the Kingdom of the Netherlands referred to in paragraph 1 of this Article provides
otherwise. In the latter case the Kingdom of the Netherlands may extend the application
of this Agreement at any time to one or more of its constituent parts by notification
to El Salvador through diplomatic channels.
This Agreement shall remain in force for an indefinite period, unless either Party
terminates this Agreement by notifying the other Party in writing through diplomatic
channels, of its intention to terminate it. The denunciation shall take effect six
months from the notification date.