Advanced Search

Decree No. 5846, Of 14 July 2006

Original Language Title: Decreto nº 5.846, de 14 de Julho de 2006

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

DECREE NO. 5,846, OF July 14, 2006.

Promulgates the Agreement between the Government of the Federative Republic of Brazil and the Government of the State of Israel on the Exercise of Paid Activity by Dependents of Diplomatic Personnel, Consular, Administrative and Technical, celebrated in Brasilia, on December 12, 2002.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives him the art. 84, inciso IV, of the Constitution, and

Whereas the Government of the Federative Republic of the Brazil and the Government of the State of Israel celebrated, in Brasilia, on December 12, 2002, an Agreement on the Exercise of Paid Activity by Dependents of Diplomatic, Consular, Administrative, and Technical Personnel;

Whereas the National Congress passed this Agreement through the Legislative Decree no 75, from 18 of April 2006;

Considering that the Agreement entered into international force on June 6 of 2006, pursuant to paragraph 6 of its Article 6;

DECRETA:

Art. 1st The Agreement between the Government of the Federative Republic of Brazil and the Government of the State of Israel on the Exercise of Paid Activity by Dependents of Diplomatic, Consular, Administrative and Technical Personnel, celebrated in Brasilia, on December 12, 2002, apensed by copy to this Decree, will be executed and fulfilled so entirely as in it it contains.

Art. 2nd Are subject to the approval of the National Congress any acts that may result in a review of the said Agreement, as well as any further adjustments which, pursuant to art. 49, inciso I, of the Constitution, carries charges or gravy commitments to the national heritage.

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

Brasilia, July 14, 2006; 185º of Independence and 118º of the Republic.

LUIZ INÁCIO LULA DA SILVA

Samuel Pinheiro Guimarães Neto

This text does not replace the one published in the D.O.U. of 7/17/2006

AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE STATE OF ISRAEL ON THE EXERCISE OF PAID ACTIVITY BY DEPENDENTS OF THE DIPLOMATIC, CONSULAR, ADMINISTRATIVE AND TECHNICAL STAFF

The Government of the Federative Republic of Brazil

and

The Government of the State of Israel

(henceforth named?Contracting Parties?),

Considering the particularly high stage of existing understanding between the two countries; and

In the aim of establishing new mechanisms for the strengthening of their relations;

Wake up the following:

ARTICLE 1

Authorization for the Exercise of Paid Activity

1. The dependents of the diplomatic, consular, administrative and technical staff of one of the Contracting Parties, designated to exercise official mission in the other, as a member of a diplomatic mission or consular Repartition, and who live with a member of the diplomatic, consular, administrative or technical body of the believing state, may be authorized, on the basis of the principle of reciprocity, to exercise paid activity in the accredited State, in accordance with the laws and regulations of the State accredited, and in accordance with the provisions of this Agreement.

2. For purposes of this Agreement,? the diplomatic, consular, administrative and technical staff? refers to any employee of the believing state who is not a national or permanent resident of the State accredited in a diplomatic Mission or Consent Repartition.

3. For the purposes of this Agreement, are they considered? dependent?:

i) spouse or fellow permanent;

ii) unmarried children and daughters under 21 years;

iii) children and single daughters under 25 years old, who are studying at full time in course that propitie substantive qualification at a university or higher education centre recognized by each state;

iv) unmarried children and daughters with physical or mental disabilities.

4. The dependents of members of the diplomatic, consular, administrative and technical staff, who have received permission to exercise paid activity in accordance with this Agreement, will be able to work from the time they receive permission by the end of the mission of the member of the diplomatic Mission or consular Repartition of which they are dependent, or for a reasonable period after the end of that mission, which will not exceed the three months.

5. The authorisation in question may be refused in the following cases:

i) if the employer is the Accredited state, including its semi-autonomous agencies, foundations, state-owned enterprises and mixed-economy societies;

ii) if the activity affects the national security;

ARTICLE 2

Procedures

1. The exercise of paid activity by a dependant in the accredited State will be conditional on the prior permission of the local government through application formulated in the name of the dependant by the State Embassy believing the Ministry of Foreign relations of the accredited State, specifying the intended position. The competent authorities of the state accredited, after verifying that the person in question fits the categories defined in this Agreement, and taking into consideration the applicable internal devices, shall officially inform the State Embassy believing, through the Ceremonial of the Ministry of Foreign Affairs of the accredited state, that the person is authorized to exercise paid activity, in accordance with the laws of the accredited state. If the dependant intends to change activity at any time after having received the work permit, a new authorization request should be requested.

2. The procedure to be followed will be applied to allow the dependant to exercise paid activity as soon as possible, and any requirements regarding work permits and other similar formalities will be applied favorably.

3. The permit for the dependant to exercise paid activity shall not imply exemption from any requirements that may be ordinarily applied to any employment, whether related to personal, professional, commercial or other characteristics. In the case of occupations requiring special qualifications, the dependant will not be exempt from meeting the applicable requirements. The provisions of this Agreement shall not be construed as the recognition, by the other Contracting Party, of securities or diplomas necessary for the exercise of a profession.

ARTICLE 3

Civil and Administrative Immunity

In the case where the dependent enjoys immunity from immunity from civil and administrative jurisdiction in the accredited State, in accordance with the Vienna Convention On Diplomatic Relations of 1961, or with the rules of the international customary law, such immunity shall not apply to any act or omission that results from the paid activity and that is provided for in the civil or administrative legislation of the accredited State.

ARTICLE 4

Penal Immunity

Se a dependant, pursuant to this Agreement, who enjoys immunity from criminal jurisdiction in accordance with the Vienna Convention On Diplomatic Relations of 1961, or in accordance with international customary law, is charged with an offence relating to remunerated activity, the believing state will seriously consider any written request to waive immunity.

ARTICLE 5

Taxation and Social Welfare

Independents who exercise paid activity pursuant to this Agreement will not be exempt from fulfilling the tax and pension obligations arising from the said activity, by staying in consequence subject to the legal norms applicable to physical persons residing or domiciled in the accredited state for all matters relating to paid activity.

ARTICLE 6

Input in Vigor, Emendas and Denpronunciation

1. Each Contracting Party shall notify to the other of the fulfillment of the respective domestic legal requirements necessary for the entry into force of this Agreement. The Agreement will enter into force 30 (thirty) days after the date of receipt of the second notification and shall remain in effect by indefinite deadline.

2. This Agreement may be amended, by the diplomatic channels, with the mutual consent of the Contracting Parties. The amendments shall enter into force in accordance with the provisions of paragraph 1.

3. This Agreement may be denounced by written communication from any of the Contracting Parties. The complaint will take effect six (6) months after the date of the notification.

In faith than the down-signed, duly authorized by their Governments, signed this Agreement.

Done in Brasília, on December 12, 2002, which corresponds to the 7th day of Tevet, 5763, in two exemplars, in the Portuguese, Hebrew and English languages, being all texts being equally authentic. In the event of a divergence of interpretation, the text in English will prevail.

_______________________________

BY THE GOVERNMENT OF THE REPUBLIC

FEDERATIVE DO BRASIL

Celso Lafer

Minister of Foreign Affairs

____________________________

BY THE GOVERNMENT OF THE STATE

OF ISRAEL

Daniel Gazit

Ambassador Extraordinary and

Plenipotentiary