Notawisseling tussen de Nederlandse en de Hongaarse Regering houdende een verdrag inzake de tewerkstelling van gezinsleden van het diplomatieke en consulaire personeel

The Government of the Kingdom of the Netherlands and the Government of the Republic of Hungary agree to permit, on a reciprocal basis, dependants of diplomats, career consular officers and of members of the administrative, technical and service staff assigned to diplomatic missions, consular posts and permanent missions of the Republic of Hungary in the Kingdom of the Netherlands and of the Kingdom of the Netherlands in the Republic of Hungary to engage in professional or commercial activities in the receiving state, subject to the following provisions.

For the purpose of this Agreement:
(i) "Diplomatic Convention" means the Vienna Convention on Diplomatic Relations of 18 April 1961;
(ii) "Consular Convention" means the Vienna Convention on Consular Relations of 24 April 1963;
(iii) "Dependant" means members of the family forming part of the household of a diplomat, career consular officer or member of the administrative, technical and service staff of the sending State, who have been notified as such by the sending State and have been accepted as such by the receiving State.

In the case of dependants who seek permission to take up employment in the Republic of Hungary or in the Kingdom of the Netherlands, a written request shall be made by the Embassy of the Republic of Hungary in the Kingdom of the Netherlands to the Protocol Department of the Ministry of Foreign Affairs in the Netherlands, or by the Embassy of the Kingdom of the Netherlands in the Republic of Hungary to the Protocol Department of the Ministry of Foreign Affairs in the Republic of Hungary. Such request shall identify the dependant and briefly state the nature of the employment. The respective Protocol Department shall promptly advice the Embassy concerned that the dependant has permission to take up employment.

In the case of a dependant who has taken up employment in accordance with the provisions of this Agreement and who is accused of committing a criminal offence in the course of such employment, the provisions concerning immunity from criminal jurisdiction of either the Diplomatic Convention, the Consular Convention, or any other applicable agreement shall apply subject to the following provisions.
a) In case as referred to above the sending State shall, if the receiving State so requests, waive the immunity of the dependant concerned from the criminal jurisdiction of the receiving State, save in special instances when the said sending State adjudges such a waiver to be contrary to its interests.
b) A waiver of immunity from criminal proceedings shall not be construed as extending to immunity from execution of the sentence, for which a specific waiver shall be required; in such cases the sending State shall give serious consideration to waiving the latter immunity.

a) In the case of a dependant who has taken up employment in accordance with the provisions of this Agreement and whose position is regulated by either the Diplomatic Convention or the Consular Convention, the provisions of that Convention in respect of the dependant's employment shall apply, that is to say no such immunity shall exist with respect to all matters arising out of the dependant's employment.
b) In the case of a dependant who has immunity from the civil and administrative jurisdiction of the receiving State under any other applicable agreement, such immunity shall be waived by the sending State in respect of all matters arising out of the dependant's employment.

a) A dependant who takes up employment in accordance with the provisions of this Agreement shall continue to be exempt from taxation except for taxes levied on income derived from such employment.
b) A dependant who takes up employment in accordance with the provisions of this Agreement shall be subject to the social security legislation of the receiving State.

a) The statutory provisions of the Kingdom of the Netherlands and the Republic of Hungary governing the employment of aliens shall not apply in respect of dependants who are permitted to take up employment in the Kingdom of the Netherlands or the Republic of Hungary in accordance with this Agreement.
b) The statutory provisions of the Kingdom of the Netherlands and the Republic of Hungary governing the entry and residence of aliens shall not apply in respect of dependants who have taken up employment in the Kingdom of the Netherlands or the Republic of Hungary in accordance with this Agreement.

a) Permission for a dependant to continue or take up employment shall terminate at the end of the assignment in the receiving State of the diplomat, career consular officer, or member of the administrative or technical staff and service staff of whose family the dependant is a member.
b) A dependant who takes up employment in accordance with the provisions of this Agreement shall not thereby be entitled to continue to reside in the receiving State nor to remain or to enter into other employment after permission has been terminated in accordance with paragraph a of this Article.

a) This Agreement shall enter into force on the first day of the second month following the month on which the Contracting Parties have notified each other that their respective constitutional requirements for the entry into force of this Agreement have been complied with.
b) Either Contracting Party may terminate this Agreement by notice in writing at any time and it shall cease to be in force on the first day of the seventh month following the day on which notice is given.