Advanced Search

Decree No. 5921, Of 3 October 2006

Original Language Title: Decreto nÂș 5.921, de 3 de Outubro de 2006

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

DECREE NO 5,921, DE October 3, 2006.

Promulga the Agreement between the Republic Federative of Brazil and the Republic of Peru on Paid Work for Diplomatic Personnel Dependents, Consular, Administrative and Technical Missions Of Diplomatic Missions, Consular Offices, and Permanent Representations of Organizations International, celebrated in Lima, on February 10, 2004.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, and

Considering that the Government of the Federative Republic of Brazil and the Government of the Republic of Peru celebrated in Lima, on February 10, 2004, an Agreement on Remunerated Work for Diplomatic Personnel Dependents, Consular, Administrative and Technical Missions Of Diplomatic Missions, Consular Offices and Permanent Representations of International organizations ;

Considering that the National Congress has approved this Agreement through Legislative Decree no 69, of April 18, 2006 ;

Considering that the Agreement entered into international vigor on May 3, 2006, in the terms of its Article 11 ;

DECRETA:

Art. 1st The Agreement between the Federative Republic of Brazil and the Republic of Peru on Work Remunerated for Dependents of Diplomatic, Consular, Administrative and Technical Personnel of Diplomatic Missions, Consular Offices and Permanent Representations of International Organizations, celebrated in Lima, on February 10, 2004, apense by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2nd They are subject to approval by the National Congress any acts that may result in revision of the said Agreement, as well as any further adjustments that, in the terms of art. 49, inciso I, of the Constitution, carries charges or engraved commitments to the national heritage.

Art. 3rd This Decree goes into effect on the date of its publication.

Brasilia, October 3, 2006 ; 185th of the Independence and 118th of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

This text does not replace the published in the D.O.U. of 10/4/2006.

AGREEMENT BETWEEN THE FEDERAL REPUBLIC OF BRAZIL AND THE REPUBLIC OF TURKEY ON PAID WORK FOR RELIANT ON DIPLOMATIC, CONSULAR, ADMINISTRATIVE AND TECHNICAL MISSIONS OF DIPLOMATIC MISSIONS, CONSULAR OFFICES AND PERMANENT REPRESENTATIONS OF INTERNATIONAL ORGANIZATIONS

The Federative Republic of Brazil

and

The Republic of Peru,

Wish to allow the free exercise of paid activities, based on reciprocity of treatment, by the dependents of the personnel of diplomatic Mission, Consular Repartitions and Permanent Representations of one of the Parties to International Organizations with headquarters in the territory of the other Party,

Wake up the following:

ARTICLE 1

The dependents of diplomatic, consular, administrative or technical personnel of diplomatic Missions and Consular Repartitions of the Federative Republic of Brazil in the Republic of Peru and the Republic of Peru in the Federative Republic of Brazil are authorized to carry out paid activities in the State accredited under the same conditions as nationals of the referred to the said State, once the corresponding authorization is obtained as per the provisions of this Agreement. This benefit shall also extend to the dependents of the personnel of the Permanent Representations of one of the Parties to International Organizations with head office in the territory of the other Party.

ARTICLE 2

For the purpose of this Agreement, the following members of the family group will be considered dependent on the diplomatic, consular, administrative or technical personnel of the believing state that it shares a common domicile and whose condition has been communicated by the believing state and accepted by the accredited state:

a) spouse ;

b) children and young daughters under the age of 21 ;

c) children and young daughters under 24 years who curate higher studies in teaching centres superior ; and

d) children and economically dependent children of their parents and have some physical or mental disability.

ARTICLE 3

There will be no restrictions on the nature or class of employment that you can perform. In the professions or activities that require special qualifications, it will be necessary for the dependent family to comply with the standards governing the exercise of those professions or activities in the accredited state. The authorisation may be denigrated in those cases where, for reasons of national security, they can employ only national accredited state and when the employer is the accredited state, including through their local authorities, foundations, public companies and mixed economy societies.

ARTICLE 4

The request for authorization to exercise a remunerated activity will be made by the Embassy of the State believing, upon official petition to the Ministry of Foreign Affairs-Direction of Privileges and Immunities-of the accredited state. The said solicitation should specify the familiar relationship of the person concerned with the employee of which he is dependent and the remunerated activity he wishes to exercise. Once proven that the person for whom permission is requested is understood within the categories set out in this Agreement, the Chancellery will officially inform the Embassy of the believing State that the dependent family has been authorized to work, after adhering to the pertinent tramples of the accredited state.

ARTICLE 5

This Agreement does not imply the recognition of titles, degrees or studies between the two countries, as it in this matter shall be subject to the respective domestic legislations and bilateral agreements or multilateral conventions in force in the two countries.

ARTICLE 6

The dependents who enjoy immunity from jurisdiction in accordance with Article 37 of the Vienna Convention on Diplomatic Relations, Article 53 of the Vienna Convention on Consular Relations or any other international instrument and which has obtained employment upon the amper of this Agreement, shall not enjoy civil or administrative immunity regarding the activities related to their employment, staying submitted to the legislation and to the courts of the state accredited in relation to them.

ARTICLE 7

In the case of dependents who enjoy imunits of criminal jurisdiction in the accredited state on grounds of Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations or any other applicable international agreement or convention, and which are charged with an offence relating to paid activity, the State accredited will seriously consider any written request for waiver of that immunity.

The waiver of criminal immunity will not be construed as extendable to the execution of the sentence, for which specific waiver will be required. In such cases, the accrediting state will seriously study the waiver of this last immunity.

ARTICLE 8

The dependent family who develop paid activities in the accredited state will be subject, in the which refers to the exercise of them, to the applicable legislation of the said State in tax, labour or national security matters.

ARTICLE 9

The authorization to exercise remunerated activity in the accredited State will expire at the maximum time of two months of the date on which:

a) the diplomatic, consular, administrative or technical official from which the dependence is emanating, finish up your duties before the Government or International Organization in which you find yourself accredited ;

b) basket the condition dependent on the beneficiary of the authorization ; or

c) cease to be present in this Agreement.

ARTICLE 10

This Agreement shall have an indefinite duration, unless one of the Parties manifests to the other, by way of diplomatic, his decision to denounce him. In this case, the complaint shall take effect six months after the date of receipt of the respective notification.

Any discrepancy that may arise in the interpretation or application of this Agreement shall be submitted to the respective Governments for their solution through any procedure that they determine.

ARTICLE 11

The present Agreement shall enter into force on the date of the last note in which the Parties communicate the fulfilment of the requirements required by their respective internal legal orders for the conclusion of international treaties.

Done in the City of Lima, at 10 days of February 2004, in two copies in the Portuguese languages and castelhano, being both the equally authentic texts.

______________________________

BY THE GOVERNMENT OF THE REPUBLIC

FEDERATIVE OF BRAZIL

Celso Amorim

Minister of State for Relations

External

______________________________

BY THE GOVERNMENT OF THE REPUBLIC

DO PERU

Manuel Rodriguez Cuadros

Minister of Foreign Affairs