ROYAL NETHERLANDS EMBASSY
No. Pra-986
The Royal Netherlands Embassy presents its compliments to the Ministry of Foreign
Affairs of the Czech Republic and has the honour to acknowledge the receipt of the
latter's Note No. 83.130/96-MPO of June 19, 1996, which reads as follows:
“The Ministry of Foreign Affairs of the Czech Republic presents its compliments to
the Royal Netherlands Embassy in Prague and, with reference to recent discussions
between the representative of the Czech Republic and the Kingdom of the Netherlands
concerning the employment of dependants of diplomats, and other employees of the Embassy,
Consulates-General, Consulates and permanent missions, has the honour on behalf of
the Czech Republic to propose the following:
1. Authorization to engage in professional or commercial activities
The Czech Republic and the Kingdom of the Netherlands agree to permit, on a reciprocal
basis, dependants of diplomats, career consular officers and of members of the administrative,
technical and service staff assigned to diplomatic missions, consular posts and permanent
missions of the Kingdom of the Netherlands in the Czech Republic and of the Czech
Republic in the Kingdom of the Netherlands to engage in professional or commercial
activities in the receiving state subject to the following provisions.
For the purpose of this Agreement:
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i. “Diplomatic Convention" means the Vienna Convention on Diplomatic Relations of 18
April 1961;
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ii. “Consular Convention" means the Vienna Convention on Consular Relations of 24 April
1963;
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iii. “Dependants" means members of the family 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, and who belong to one of the following
categories:
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a) spouses;
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b) partners who are recognised as such by the sending State;
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c) dependant 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 higher or secundary
education;
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d) unmarried dependant children who suffer from mental or physical disabilities.
In the case of dependants who seek permission to take up employment in the Kingdom
of the Netherlands or in the Czech Republic, a written request shall be made by the
Embassy of the Kingdom of the Netherlands in the Czech Republic to the Protocol Department
of the Ministry of Foreign Affairs in the Czech Republic or by the Embassy of the
Czech Republic in the Kingdom of the Netherlands to the Protocol Department of the
Ministry of Foreign Affairs in the Netherlands. Such request shall identify the dependant
and briefly state the nature of the employment. The respective Protocol Department
shall promptly advise the Embassy concerned that the dependant has permission to take
up employment.
4. Immunity from criminal jurisdiction
In the case of a dependant who has taken up employment in accordance with the provisions
of the Agreement and who is accused of committing a criminal offence in the course
of such employment, the provisions concerning immunity from criminal jurisdiction
of either the Diplomatic Convention, the Consular Convention, or any other applicable
agreement shall apply subject to the following provisions.
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a) In cases as referred to above the sending State shall, if the receiving State so requests,
waive the immunity of the dependant concerned from the criminal jurisdiction of the
receiving State, save in special instances when the said sending State adjudges such
a waiver to be contrary to its interests.
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b) A waiver of immunity from criminal proceedings shall not be construed as extending
to immunity from execution of the sentence, for which a specific waiver shall be required;
in such cases the sending State shall give serious consideration to waiving the latter
immunity.
5. Immunity from civil and administrative jurisdiction
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a) In the case of a dependant who has taken up employment in accordance with the provisions
of this Agreement and whose position is regulated by either the Diplomatic Convention
or the Consular Convention, the provisions of that Convention in respect of the dependant's
employment shall apply, that is to say no such immunity shall exist with respect to
all matters arising out of the dependant's employment.
6. Taxation and social security
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a) If a dependant takes up employment in accordance with the provisions of this Agreement,
this fact shall not affect the diplomatic or consular exemptions from taxes, duties
or charges now or heretofore granted to this dependant. However, no exemptions will
be granted from taxes levied on income derived from such employment.
7. Inapplicability of national laws
The statutory provisions of the Czech Republic and the Kingdom of the Netherlands
governing the employment of aliens shall not apply in respect of dependants who are
permitted to take up employment in the Czech Republic or the Kingdom of the Netherlands
in accordance with this Agreement.
8. Termination of employment
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a) Permission for a dependant to continue to take up employment shall terminate at the
end of the assignment in the receiving State of the diplomat, career consular officer,
or member of the administrative or technical staff and service staff.
9. Entry into force and termination
If the said proposals are acceptable to the Kingdom of the Netherlands, the Ministry
of Foreign Affairs has the honour to propose that this Note together with reply of
the Kingdom of the Netherlands to this Note shall constitute an agreement between
our states. The Agreement shall enter into force in accordance with the provisions
of Article 9 of the above mentioned text."
The Royal Netherlands Embassy has the honour on behalf of the Government of the Kingdom
of the Netherlands to inform the Ministry of Foreign Affairs that the proposals in
the aforesaid Note are acceptable and that the Ministry's Note and this affirmative
Note together shall constitute an agreement between our states. The Agreement shall
enter into force in accordance with the provisions of Artice 9 of the abovementioned
text.
The Royal Netherlands Embassy avails itself of this opportunity to renew to the Ministry
of Foreign Affairs of the Czech Republic the assurances of its highest consideration.
Prague, July 3, 1996
To the Ministry of Foreign Affairs of the Czech Republic Prague