Nr. I
[Regeling vervallen per 01-01-2016]
The Hague, 13 June 2007
Treaties Division
DJZ/VE-502/07
Agreement between the Kingdom of the Netherlands and the African Management Services
Company regarding employment opportunities of members of the families forming part
of the household of the officials of the African Management Services Company
The Ministry of Foreign Affairs of the Kingdom of the Netherlands presents its compliments
to the African Management Services Company and, with reference to the Treaty between
the Kingdom of the Netherlands and the International Finance Corporation (IFC) concerning
the African Training and Management Services (ATMS) Project of the United Nations
Development Programme of 13 April 1989, the Exchange of Notes of 22 November/7 December
2005 between the Government of the Kingdom of the Netherlands and the African Management
Services Company and to discussions between the Ministry and the African Management
Services Company regarding employment opportunities of members of the families forming
part of the household of the officials of the African Management Services Company,
has the honour to propose the following in respect of the privileges and immunities
of the staff of the African Management Services Company:
1.
[Regeling vervallen per 01-01-2016]
Members of the family forming part of the household of all categories of officials
in the service of the African Management Services Company shall be authorised to engage
in gainful employment in the Netherlands for the duration of the term of office of
the officials concerned.
2.
[Regeling vervallen per 01-01-2016]
The following persons are members of the family forming part of the household in the
sense of paragraph 1:
-
a) the spouses or registered partners of officials in the service of the African Management
Services Company;
-
b) children of officials in the service of the African Management Services Company who
are under the age of 18;
-
c) children of officials in the service of the African Management Services Company 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;
-
d) children of officials in the service of the African Management Services Company 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.
3.
[Regeling vervallen per 01-01-2016]
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.
4.
[Regeling vervallen per 01-01-2016]
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 African Management Services Company 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 African Management Services Company agreements.
5.
[Regeling vervallen per 01-01-2016]
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 African Management Services Company, the Ministry
proposes that this Note and the African Management Services Company's affirmative
reply to it shall together constitute an Agreement between the Kingdom of the Netherlands
and the African Management Services Company. This Agreement shall enter into force
on the date of receipt of the African Management Services Company'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 African Management Services Company the assurances
of its highest consideration.
The African Management Services Company
Amsterdam
