On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Swiss Federal Council on Paid employment of family Members of Employees of Diplomatic Missions, Permanent Missions to International Organizations and Consular Institutions

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Swiss Federal Council on Paid employment of family Members of Employees of Diplomatic Missions, Permanent Missions to International Organizations and Consular Institutions

On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Swiss Federal Council on Paid employment of family Members of Employees of Diplomatic Missions, Permanent Missions to International Organizations and Consular Institutions

The Law of the Republic of Kazakhstan dated December 1, 2022 No. 164-VII SAM

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Swiss Federal Council on paid employment of family Members of Employees of Diplomatic Missions, Permanent Missions to International Organizations and Consular Institutions, signed in Bern on September 6, 2021.

President of the Republic of Kazakhstan

K. TOKAEV

Unofficial translation

AGREEMENT between the Government of the Republic of Kazakhstan and the Swiss Federal Council on paid employment of family members of employees of Diplomatic missions, Permanent Missions to International Organizations and consular institutions

The Government of the Republic of Kazakhstan and the Swiss Federal Council, hereinafter referred to as the "Parties",

Desiring to settle on the basis of reciprocity issues related to the implementation of paid work in the territories of their States by family members of employees of diplomatic missions, permanent missions to international organizations and consular institutions,

have agreed on the following:

Article 1 Definitions

For the purposes of this Agreement, the following terms are used in it:

1) the term "mission staff" means employees of diplomatic missions, permanent missions to international organizations and consular institutions within the framework of paragraph b of article 1 of the Vienna Convention on Diplomatic Relations of April 18, 1961, paragraph g of article 1 of the Vienna Convention on Consular Relations of April 24, 1963;

2) the term "family members" means:

- spouse/spouse;

- any unmarried child who has entered the country as an officially confirmed family member within the limits of the restrictions established by the national legislation of the receiving State;

- any other family member of an employee of the representative office, to whom the receiving State, in accordance with the applicable domestic legislation, may grant permission to carry out paid work;

(3) "Paid employment" means any dependent or independent activity of a family member that generates income from a source in the territory of the receiving State and is carried out in accordance with the laws of that State.;

(4) "Relevant conventions" means the Vienna Convention on Diplomatic Relations of April 18, 1961 and the Vienna Convention on Consular Relations of April 24, 1963.

Article 2 A paid work permit

1. Family members of employees of diplomatic missions, permanent missions to international organizations and consular offices of one of the Parties officially accredited to the other Party or an international organization established in the territory of the other Party are allowed on a reciprocal basis to carry out paid work in the host State in accordance with this Agreement, provided that they stay in the host State. and they live in the same household with the person they are accompanying.

2. The national legislation of the receiving State concerning the conditions for carrying out certain types of paid work activities shall be maintained.

Article 3 Request for permission

1. In the Republic of Kazakhstan, a request for permission for a family member to engage in paid work is sent by the diplomatic mission, consular office or permanent mission of the Swiss Confederation to international organizations accredited in the Republic of Kazakhstan to the Ministry of Foreign Affairs of the Republic of Kazakhstan. The request specifies the family relations that connect a family member with an employee of the representative office, the type of work, the region for its implementation, and the name and business identification number of the employer, as well as the employer's letter of intent to conclude an employment contract indicating the position. The Ministry of Foreign Affairs of the Republic of Kazakhstan, on the basis of a request, sends a letter to the relevant local executive body for issuing a work permit outside the quota for attracting foreign labor. The procedure for issuing and the period of the permit are determined in accordance with the legislation of the Republic of Kazakhstan.

2. In the Swiss Confederation, a request for permission for a family member to engage in paid work is sent by the diplomatic mission, consular office or permanent mission of the Republic of Kazakhstan to international organizations accredited in the Swiss Confederation to the Federal Department of Foreign Affairs of the Swiss Confederation. Upon registration of such a request, the Federal Department of Foreign Affairs of the Swiss Confederation issues a document confirming that the requested person does not meet the quota of foreign workers. Upon submission of an employment contract, a job offer or a statement of intent to engage in independent activity, specifying the type of the latter, the competent cantonal authorities issue a work permit (Ci permit) granting the relevant person the right to engage in paid work. The duration of such a permit is determined in accordance with the legislation of the Swiss Confederation.

Article 4 Termination of the permit

The validity of a paid work permit in the receiving State is terminated if:

1) his beneficiary ceases to be a family member in accordance with paragraph 2 of Article 1 of this Agreement;

2) the term of office of the representative office employee expires;

3) his beneficiary ceases to reside in the receiving State as a family member of the representative office employee;

4) paid employment is suspended and the right to unemployment benefits expires (if the legislation of the receiving State provides unemployment benefits);

5) the validity period of the permit issued by the competent authority of the receiving State for the recruitment of foreign labor expires.

Article 5 Civil and administrative privileges and immunities

1. Family members shall not enjoy immunity in respect of all matters arising from paid employment that are subject to the civil or administrative law of the receiving State.

2. In the cases referred to in paragraph 1 of this article, the sending State will carefully consider waiving immunity in respect of the execution of any court decision concerning a family member, provided that such execution does not violate the inviolability of his/her person or place of residence in accordance with the relevant conventions.

Article 6 Immunity from criminal liability

1. In respect of family members who enjoy immunity from the criminal jurisdiction of the receiving State in accordance with relevant conventions, the sending State will carefully consider waiving the immunity of a member of the relevant family from the criminal jurisdiction of the receiving State in respect of any act or omission resulting from paid employment, except in special cases where the sending State considers that such waiver would contradict his interests. If the immunity has not been revoked and, in the opinion of the receiving State, the case is of a serious nature, the receiving State may request the expulsion of the relevant family member from the country.

2. Waiving immunity from criminal jurisdiction will not be interpreted as extending to immunity from execution, which would require a specific waiver. In such cases, the sending State will seriously consider waiving immunity from execution.

Article 7 Applicable law

1. The legislation of the host State applies to a family member who carries out paid work in the territory of the host State.

2. Income from paid employment of a family member is taxed in the host State in accordance with the Convention between the Government of the Republic of Kazakhstan and the Swiss Federal Council for the Avoidance of Double Taxation with respect to Taxes on Income and on Capital dated October 21, 1999.

3. A family member who performs a paid work activity in accordance with this Agreement is subject to the legislation on social security of the receiving State.

Article 8 Recognition of degrees

This Agreement does not regulate the issue of recognition of degrees, categories or scientific works between the two States.

Article 9 Dispute resolution procedure

Any disputes arising between the Parties regarding the interpretation or application of the provisions of this Agreement shall be resolved through consultations and negotiations.

Article 10 The procedure for making changes and additions

By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it and are formalized by separate protocols that enter into force in accordance with the procedure provided for in Article 11(1) of this Agreement.

Article 11 Entry into force, duration and termination procedure

1. This Agreement shall enter into force on the date of receipt, through diplomatic channels, of the last written notification that the Parties have completed the internal procedures necessary for its entry into force.

2. This Agreement is concluded for an indefinite period.

3. Each Party may terminate this Agreement by sending through diplomatic channels a written notification to the other Party of its intention to terminate this Agreement. In this case, this Agreement shall terminate upon the expiration of 6 (six) months from the date of receipt of such notification.

Committed in the city ______________ "_____" __________ 20 ___ of the year in two copies in Kazakh, French and English, all having the same validity.

For the Government

Republic of Kazakhstan

For Swiss

The Federal Council

I hereby certify that the attached text is an unofficial translation into Russian of the authentic text of the Agreement between the Government of the Republic of Kazakhstan and the Swiss Federal Council on paid employment of family members of employees of Diplomatic Missions, Permanent Missions to International Organizations and Consular institutions in the official language.

Acting Minister of Foreign Affairs

Republic of Kazakhstan

A. Rakhmetullin

President

Republic of Kazakhstan

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