Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Seen them Articles 52 to 55 of the Constitution ;
Vu la Act No. 2008-703 of 17 July 2008 authorizing the approval of the agreement between the Government of the French Republic and the Government of the Republic of Costa Rica on the employee employment of dependants of members of official missions;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The agreement between the Government of the French Republic and the Government of the Republic of Costa Rica on the employment of dependants of members of official missions, signed in San José on 23 February 2007, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
A C C O R D
BETWEEN THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND THE GOVERNMENT OF THE RICA COSTA REPUBLIC ON THE SALARIAN EMPLOYMENT OF PERSONS TO THE MEMBERS OF OFFICIAL MISSIONS
The Government of the French Republic and the Government of the Republic of Costa Rica,
The "Parties".
Desirous of strengthening diplomatic relations,
Wishing to satisfy the legitimate aspirations of dependants of the members of the official missions of a State in the other State to carry out an employee work activity, which enjoys the same status as the member of the mission to which they are located,
Referring to the Vienna Conventions of 18 April 1961 on Diplomatic Relations and of 24 April 1963 on Consular Relations,
The following agreed:
Article 1
The Parties agree, on the basis of reciprocity, to authorize dependants of the agents of each State assigned to an official mission of that State in the other State, to exercise any form of employee professional activity, provided that they meet the legislative and regulatory conditions required for the exercise of the envisaged activity, and unless public or national security considerations oppose it.
Article 2
For the purposes of this Agreement:
- By "official missions", diplomatic missions governed by the Vienna Convention on Diplomatic Relations of 18 April 1961, consular posts governed by the Vienna Convention on Consular Relations of 24 April 1963, and permanent representations of each State with international organizations having concluded a siege 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;
― by "dependants"
(a) the spouse,
(b) children with single physical or mental disabilities,
(c) single dependent children with a derogatory residence permit issued by the French Ministry of Foreign Affairs or the Costa Rican Ministry of Foreign Affairs;
― By "employed business", any activity, taking wages, arising from a contract of work governed by the law of the host State.
Article 3
For the purposes of this Agreement:
(a) the term "France" refers to the European and overseas departments of the French Republic, including the territorial sea, and beyond that the zones on which, in accordance with international law, the French Republic has sovereign rights for the exploration and exploitation of the natural resources of the seabed and its basement and its underlying waters.
(b) the term "Coor Rica" means the Republic of Costa Rica, including the territorial sea, and beyond that, the areas on which, in accordance with international law, Costa Rica has sovereign rights for the exploration and exploitation of the natural resources of the seabed, their subsoil and the underlying waters.
Article 4
The dependant wishing to perform an employee work in France or Costa Rica, submits an official request to the Ministry of Foreign Affairs of the host State, through its embassy. The application must indicate the complete identity of the applicant, as well as the nature of the requested job. After verifying whether the person meets the terms and conditions of this Agreement and has completed the necessary formalities, the respective services of the Protocol shall inform the embassy concerned, as soon as possible, whether the dependant is authorized to carry out the employee activity requested. Within three months after the date of receipt of the authorization to carry out an employment activity, the embassy provides the competent authorities of the receiving State with proof that the dependant and his employer comply with their obligations under the legislation of the receiving State relating to social protection.
Article 5
Authorization for a dependant to engage in an employee work activity does not imply an exemption from the conditions generally applicable to any job (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 the requirement of these criteria.
Article 6
The dependant who has obtained the authorization to perform an employee's work does not benefit from the immunity of civil and administrative jurisdiction, nor from the immunity of execution in the event of an action related to that professional activity. The same applies to the civil action portion of a criminal decision.
Article 7
In the event that a dependant who enjoys the immunity of jurisdiction under the Vienna Convention on Diplomatic Relations is accused of having committed a criminal offence in relation to his or her employment activity, the immunity of criminal jurisdiction is waived by the accrediting State, if the accrediting State so requests and when the accrediting State finds that the lifting of this immunity is not contrary to its essential interests.
Article 8
Any judicial proceedings must be conducted without prejudice to the inviolability of the dependant or his domicile.
Article 9
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 accrediting state takes such a request for renunciation into consideration.
Article 10
The dependant authorized to engage in an employee work ceases, 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 the headquarters agreements of international organizations.
Article 11
Subject to the relevant provisions of conventions intended to avoid double taxation and special agreements, the income that dependants derive from their employment in the receiving State shall be taxable in that State according to the tax legislation of the latter.
Article 12
The dependant who performs an employee work is subject to the social protection regime in force in the receiving State.
Article 13
The dependant authorized to carry on an employee work activity under this Agreement may transfer his or her wages and other allowances under the same conditions as those provided for in favour of foreign workers by the regulation of the host State.
Article 14
The dependant authorized to carry on an employment 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 15
The authorization to perform an employee work activity under this Agreement shall be granted to a dependant on the date of assuming office of the member of the official mission. It shall terminate the date of termination of the contract or as soon as the recipient of the authorization ceases to be a dependant, and, in any event, on the date of termination of office 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 and 53.5 of the Vienna Convention on Consular Relations.
Article 16
Requests from dependants wishing to engage in non-employed work activities do not fall within the scope of this Agreement. However, they may, if any, be considered on a case-by-case basis in relation to the legislative and regulatory provisions of the host State by the competent authorities.
Article 17
A joint committee, composed of the competent authorities for the purposes of this Agreement, shall meet as necessary at the request of either Party in either country.
It is competent to resolve any dispute that may arise between the Parties regarding the interpretation or application of the agreement.
Article 18
1. Each Party 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. Each Party may at any time denounce this Agreement by sending a notification of denunciation to the other by diplomatic means. The denunciation shall take effect six months after the date of receipt of the notification letter.
Done in San José of Costa Rica, on February twenty-three two thousand seven, in two original copies, in French and Spanish, both texts being equally authentic.
For the Government
of the French Republic:
Jean-Paul Monchau
Ambassador of France
For the Government
of the Republic of
of Costa Rica:
Bruno Stagno Ugarte
Minister
External Relations
and Copper
Done in Paris, December 31, 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
