Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
In view of Act No. 2003-625 of 8 July 2003 authorising the approval of the agreement between the Government of the French Republic and the Government of the Federative Republic of Brazil on the salaried employment of the members of the families of the official missions of each State in the other (an exchange of letters);
Given the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments entered into by France,
Décrète:
Agreement between the Government of the French Republic and the Government of the Federative Republic of Brazil Concerning the paid employment of the members of the families of the official missions of each State in the other, signed in Paris on 28 May 1996 (together an exchange of letters of 16 and 21 March 2001), will be published in the Official Journal of the Republic French.
The Prime Minister and the Minister for Foreign Affairs shall each be 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 FRENCH REPUBLIC AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL IN THE MATTER OF THE SALARY EMPLOYMENT OF THE MEMBERS OF THE FAMILIES OF THE OFFICIAL MISSIONS OF CHAQUE STATE IN THE OTHER (ENSEMBLE AN EXCHANGE OF LETTERS)
The Government of the French Republic and the Government of the Federal Republic of Brazil,
Considering the deep understanding and understanding existing in their two states, and
Desiring to put in place new mechanisms to strengthen their diplomatic relations,
agreed as follows:
Article 1
The dependants of the officers of each of the two States, assigned to an official mission of their Government in the other State in which they are not permanently resident, are Authorised to engage in a remunerated activity in that State, provided that they fulfil the legislative and regulatory requirements for the exercise of their profession, unless there are public order or national security grounds
Article 2
For the purpose of this Agreement:
By " Official missions ", diplomatic missions governed by the Vienna Convention on Diplomatic Relations of 18 April 1961, the consular posts governed by the Vienna Convention on Consular Relations of 24 April 1963, and the Permanent Representations of each of the two States to the international organisations having concluded a Headquarters Agreement with The other state;
By " Agents ", members of these official missions who are nationals of the State accredited and entitled to the residence permit issued by the French Ministry of Foreign Affairs or the Brazilian Ministry of Relations External;
By " Dependants " :
a) Spouse;
b) Single mentally or mentally unmarried dependent children;
c) Single dependent children under 21 years of age.
Article 3
In the case of dependants who wish to take paid employment in France or Brazil, a formal request must be made, as the case may be, by the Embassy of the French Republic in Brazil at the Ministry Ceremonial External relations or by the Embassy of the Federative Republic of Brazil in France to the Protocol of the Ministry of Foreign Affairs.
Article 4
The request must indicate the identity of the As well as the nature of the salaried employment sought. After verifying that the person meets the conditions of this Agreement and performs the necessary formalities, the respective ministries shall inform the Embassy concerned, as soon as possible, if the dependant is Authorized to hold the requested employment. Within three months of the date of receipt of the employment authorization, the Embassy provides the department with evidence that the employer and employee are in compliance with their obligations under the social security legislation Of the receiving State.
Article 5
States agree, on the basis of reciprocity, to authorise the dependants of agents of an official mission of a State in the other State to occupy, in The latter, any suitable employment, provided that they can justify diplomas and professional qualifications corresponding to the employment sought. The provisions of this Agreement shall not be construed as implying the recognition by the other State of diplomas for the purpose of exercising a profession.
Article 6
In the case of Professions whose access is subject to a specific regulation, the dependant will not be exempted.
Article 7
For those dependants who have obtained the authorization To engage in an activity remunerated under this Agreement and which would enjoy immunity from jurisdiction in civil and administrative matters, pursuant to Articles 31 and 37 of the Vienna Convention on Diplomatic Relations, the State Accreditation waives this immunity on all matters relating to the activity of the dependant. In such cases, the Accredited State also waives the immunity from execution of a judgment, for which a separate waiver is required.
Article 8
In case a person who benefits Immunity from jurisdiction under the Vienna Convention on Diplomatic Relations is accused of having committed a criminal offence in relation to its activity, immunity from criminal jurisdiction is waived by the accredited State if The receiving State so requests when the accredited State considers that the waiver of such immunity is not contrary to its essential interests.
Article 9
Any legal proceedings must be conducted without Breach of the inviolability of the person or the home of the household.
Article 10
The waiver of immunity from criminal jurisdiction shall not be construed as a waiver of Immunity from enforcement of the award, for which a separate waiver will be requested. The Accredited State will consider such a request for renunciation.
Article 11
Dependants allowed to take up paid employment cease to benefit from customs privileges Articles 36 and 37 of the Vienna Convention on Diplomatic Relations and Article 50 of the Vienna Convention on Consular Relations.
Article 12
A person at Employment shall be subject to the social security system in force in the receiving State.
Article 13
The person authorized to be employed under this Agreement shall be exempted from Any obligation under the laws and regulations of the State of residence relating to the registration of aliens and the residence permit.
Article 14
The authorisation to hold a job, provided for by This Agreement, granted to a dependant of an officer, ceases on the date of the termination of the officer's duties or, where applicable, as soon as the beneficiary ceases to have the status of dependant.
Article 15
Persons who are authorized to work under this Agreement are entitled to transfer their wages and incidental allowances under the conditions set out in favour of foreign workers by the Home State legislation.
Article 16
1. Each State shall notify the other of the completion of the procedures required for the entry into force of this Agreement, which will take place on the first day of the second month following the date of receipt of the last of those
. This Agreement shall remain in force until the expiration of one hundred and eighty days after the date of the written notification of either State expressing its intention to terminate it.
Done at Paris, on 28 May 1996 in duplicate Originals, in French and Portuguese, both texts being equally authentic.
For the Government
de la République française:
Hervé de Charette
For the Government
of the Federative Republic
of Brazil:
Luis Felipe Lampreia
AMBASSADE OF BRAZIL
IN PARIS
Paris, March 16, 2001.
Mr. Minister,
I have the honour to inform you that the Government of Brazil is in a position to reserve a favourable response to the request of the French Government to make changes in the form of The Agreement between the Government of the Federative Republic of Brazil and the Government of the French Republic on the salaried employment of the members of the families of the official missions of each State in the other, signed in Paris on 28 May 1996. These amendments replace in the title and in Articles 4, 11 and 15 of the said Agreement the term " Employee employment " By " Gainfully employed ".
If the above provisions collect the approval of your Government, this letter And your reply will constitute an amendment to the Agreement of 28 May 1996 on the employment of the employees of the families of the official missions of each State in the other, which will enter into force on the date of entry into force of that Agreement. Agreement.
Please accept, Minister, the assurance of my high consideration.
Marcos de Azambuja
Ambassador
MINISTER
OF BUSINESS FOREIGN
Paris, March 21, 2001.
Ambassador,
By letter of 16 March 2001, you wanted to inform me of the following:
" Minister,
I have the honour to inform you that the Government of Brazil Is in a position to reserve a favourable response to the request of the French Government to make changes in the form of the Agreement between the Government of the Federative Republic of Brazil and the Government of the French Republic To the salaried employment of the members of the families of the official missions of each State in the other, signed in Paris on 28 May 1996. These amendments replace in the title and in Articles 4, 11 and 15 of the said Agreement the term " Employee employment " To: " Gainfully employed ".
If the above provisions collect the approval of your Government, this Letter and your reply will constitute an endorsement to the Agreement of 28 May 1996 on the employment of the employees of the families of the official missions of each State in the other, which will enter into force on the date of entry into force The said Agreement. "
I have the honour to confirm my Government's agreement on the above provisions.
Please accept, Mr. Ambassador, the assurance of my high consideration.
Hubert Vedrine
Done at Paris, January 6, 2004.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Foreign Minister,
Dominique de Villepin
