Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
Having regard to Act No. 2004-1111 of 20 October 2004 authorizing the approval of the agreement between the Government of the French Republic and the Government of New Zealand on the employment of dependants of members of the official missions of one State in the other (a whole exchange of letters);
Having regard to the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France;
Having regard to Decree No. 71-284 of 29 March 1971 on the publication of the Vienna Convention on Diplomatic Relations and the Optional Protocol on the Mandatory Settlement of Disputes, opened for signature in Vienna on 18 April 1961;
In view of Decree No. 71-288 of 29 March 1971 on the publication of the Vienna Convention on Consular Relations and the Optional Protocol on the Mandatory Settlement of Disputes, opened for signature at Vienna on 24 April 1963, Decree:
The agreement between the Government of the French Republic and the Government of New Zealand on the employment of dependants of members of the official missions of one State in the other (a joint exchange of letters of 16 and 18 October 2002), signed in Wellington on 10 June 1999, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
C O N V E N T I O N
BETWEEN THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND THE GOVERNMENT OF NEW ZEALAND RELATING TO THE MEMBERS OF OF OFFICIAL MISSIONS ♪ L'AUTRE (ENSEMBLE AN EXCHANGE OF LETTERS OF 16 AND 18 OCTOBER 2002)
The Government of the French Republic and the Government of New Zealand,
Desirous of strengthening diplomatic relations,
Wishing to satisfy the legitimate aspirations of the dependants of the members of the official missions of one State in the other to carry out a professional activity, which benefit from the same status as the member of the mission to which they are located,
agreed that:
Article 1
The Parties agree, on the basis of reciprocity, to authorize the dependants of the agents of each State assigned to an official mission of the Government of that State in the other State, to exercise any form of paid activity in the host State, provided that they fulfil the legislative and regulatory conditions required for the exercise of the envisaged activity, and unless considerations of public order or national security exist.
Article 2
For the purposes of this Agreement:
By "official missions", diplomatic missions, consular posts and permanent representations of each State to international organizations having concluded a headquarters agreement with the other State;
By "agents", the staff of the diplomatic missions and the staff of the consular posts, as well as the staff of the above-mentioned permanent representations, benefiting from the derogatory residence permit issued by the Ministry of Foreign Affairs of France or the "an exemption endorsement" issued by the Ministry of Foreign Affairs of New Zealand;
By "dependants":
(a) The spouse;
(b) Children with physical or mental disabilities, single;
(c) Unmarried children with a derogatory residence permit issued by the Ministry of Foreign Affairs of France or the "an exemption endorsement" issued by the Ministry of Foreign Affairs of New Zealand.
By "paid activity", any activity that results in remuneration in any form or name whatsoever.
Article 3
In the case of a dependant wishing to perform a paid activity in France or New Zealand, an official request must be submitted, as the case may be, by the French Embassy in New Zealand to serve the Ministry of Foreign Affairs Protocol or by the New Zealand Embassy in France to serve the Ministry of Foreign Affairs Protocol. The application should indicate the complete identity of the applicant, as well as the nature of the requested activity. After verifying whether the person meets the requirements of this Agreement and performs the necessary formalities, the respective services of the Protocol must notify the embassy concerned, as soon as possible, whether the dependant is authorized to perform the paid activity requested. Within three months after the date of receipt of the authorization to perform a paid activity, the embassy shall provide the authorities of the receiving State with proof that the dependant and his or her co-contractor comply with their obligations under the law of that State relating to social coverage.
Article 4
Authorization for a dependant to perform a paid activity does not imply an exemption from the conditions governing the exercise of such an activity (including diplomas and professional qualifications). In the case of so-called "regulated" professions, whose exercise authorization can only be granted according to certain criteria, the dependant is not exempt from meeting these criteria.
Article 5
With respect to dependants who have obtained the authorization to perform a paid activity and who benefit from jurisdictional immunities in civil and administrative matters pursuant to Articles 31 and 37 of the Vienna Convention on Diplomatic Relations of 18 April 1961, the sending State waives this immunity for all matters related to their paid activity. In such cases, the sending State also waives the immunity of execution of a judgment, for which a separate waiver is required.
Article 6
In the event that a dependant who enjoys the immunity of jurisdiction under the Vienna Convention on Diplomatic Relations is charged with having committed a criminal offence in relation to his paid activity, the immunity of criminal jurisdiction is waived by the sending State, if the receiving State so requests and when the sending State finds that the lifting of that immunity is not contrary to its essential interests.
Article 7
Any judicial proceedings must be conducted without prejudice to the inviolability of the person or house of the household as provided for in the aforementioned Vienna Convention and the Vienna Convention on Consular Relations of 24 April 1963.
Article 8
The waiver of immunity from criminal jurisdiction is not construed as a waiver of immunity from enforcement of the award, for which a separate waiver is requested. The sending State takes into consideration such a request for waiver.
Article 9
Dependants authorized to perform paid activity cease, from the date of authorization, to benefit from the customs privileges provided for in Articles 36 and 37 of the Vienna Convention on Diplomatic Relations, Article 50 of the Vienna Convention on Consular Relations, or headquarters agreements.
Article 10
Subject to the relevant provisions of the conventions intended to avoid double taxation and other special agreements, the income dependants derive from their paid activity in the receiving State may be taxed in that State according to the tax legislation of the latter.
Article 11
The dependant who performs a paid activity is subject to the mandatory social coverage regime in force in the receiving State.
Article 12
Dependants authorized to perform paid activities under this Agreement shall be entitled to transfer their remuneration and accessories under the same conditions as those provided for in the regulations of the host State for foreign workers.
Article 13
The dependant authorized to perform a paid activity under this Agreement shall be exempt from any obligation under the laws and regulations of the receiving State relating to the registration of aliens and the residence permit.
Article 14
The authorization to perform a paid activity under this Agreement shall be granted to a dependant on the date on which the member of the official mission is appointed. It shall terminate as soon as the recipient of the authorization ceases to have the status of a dependant, on the date of completion of the activity and, in any event, on the date of termination of the duties of the member of the official mission, taking into account, however, the reasonable period referred to in article 39-2 and 39-3 of the Vienna Convention on Diplomatic Relations and article 53-3 of the Vienna Convention on Consular Relations.
Article 15
Each of the two Parties may, at the time of signature or at the time of notification provided for in Article 16-1, designate the territory(s) to which its consent will apply to be bound by this Agreement. Any subsequent change will be subject to an exchange of notes.
Article 16
1. Each of the two Parties shall notify the other of the procedures required for the entry into force of this Agreement, which shall take place on the first day of the second month following the date of receipt of the last notification.
2. This Agreement shall remain in force until the expiration of 180 days after the written notification date of either Party expressing its intention to terminate it.
Done in Wellington on 10 June 1999, in two original English and French copies, both texts being equally authentic.
For the Government
of the French Republic:
Jacky Musnier,
Ambassador of France
For the Government
New Zealand:
Don McKinnon,
Minister
Foreign Affairs
and Foreign Trade
AMBASSADE DE FRANCE
IN NEW ZEALAND
Wellington, October 16, 2002.
The French Embassy in New Zealand presents its compliments to the Ministry of Foreign Affairs and Trade and, with reference to the discussions that took place in the year 2000 between representatives of the two States on the interpretation of the provisions of the convention between the Government of the French Republic and the Government of New Zealand on the employment of dependants of members of the official missions of one State in the other, signed in Wellington on 10 June 1999
In the French version of the above-mentioned convention, the definition of paid activity within the meaning of Article 1, which appears after the fourth drawer under Article 2 and reads: " - by "paid activity any activity resulting in remuneration in any form or name whatsoever. is replaced by the following definition: " - by "paid activity any activity, taking compensation, arising from a contractual relationship governed by the law of the host State. »
In the English version of the above-mentioned agreement, the definition of "paid employment" within the meaning of Article 1, which appears after the fourth indent under Article 2 and reads: "Paid employment means any activity commanding remuneration in any manner or form." is replaced by the following definition: "Paid employment means all employment commanding remuneration following from a contractuel link governed by the law of the host state. »
The embassy would be grateful to the ministry to let him know whether the foregoing provisions were in favour of the New Zealand government. In this case, this note and the Ministry's response will constitute an agreement between the two governments amending the June 10, 1999 Convention on the Employment of Dependants of Members of the Official Missions of one State in the other, which will enter into force on the same day as this Convention.
The French Embassy in New Zealand takes this opportunity to renew to the Ministry of Foreign Affairs and Trade the assurances of its high consideration.
MINISTRY
BUSINESS
AND TRADE
The Ministry of Foreign Affairs and Trade presents its compliments to the Embassy of France in New Zealand and to the honour to refer to the note by Embassy No. 855/AMB of 16 October 2002, which reads as follows: "The French Embassy in New Zealand presents its compliments to the Ministry of Foreign Affairs and Trade and, referring to the discussions that took place during the year 2000 between representatives of the two States signed
In the French version of the above-mentioned convention, the definition of paid activity within the meaning of Article 1, which appears after the fourth drawer under Article 2 and reads: " - by "paid activity any activity resulting in remuneration in any form or name whatsoever. is replaced by the following definition: " - by "paid activity any activity, taking compensation from a contractual relationship governed by the law of the host State. »
In the English version of the above-mentioned agreement, the definition of "paid employment" within the meaning of Article 1, which follows the fourth indent under Article 2 and reads: "Paid employment means any activity commanding remuneration in any manner or form." is replaced by the following definition: "Paid employment means all employment commanding remuneration following from a contractuel link governed by the law of the host state. »
The embassy would be grateful to the ministry to let him know whether the foregoing provisions were in favour of the New Zealand government. In this case, this note and the Ministry's response will constitute an agreement between the two governments amending the June 10, 1999 Convention on the Employment of Dependants of Members of the Official Missions of one State in the other, which will enter into force on the same day as this Convention.
The French Embassy in New Zealand takes this opportunity to renew to the Ministry of Foreign Affairs and Trade the assurances of its high consideration. »
The Ministry of Foreign Affairs and Trade has the honour to inform the Embassy that the provisions included in its note are acceptable to the Government of New Zealand. The Ministry agrees that the note by the embassy and this response constitute an agreement that amends the Agreement of 10 June 1999 on the employment of dependants of members of the official missions of one State in the other, which will enter into force on the same day as that Convention.
The Ministry of Foreign Affairs and Trade takes this opportunity to renew to the French Embassy in New Zealand the assurances of its high consideration.
Wellington, October 18, 2002
Done in Paris, September 5, 2005.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
Minister of Foreign Affairs,
Philippe Douste-Blazy
