Verdrag tussen het Koninkrijk der Nederlanden en Oekraïne inzake betaalde werkzaamheden door gezinsleden van diplomatiek en ander personeel van een diplomatieke vertegenwoordiging en/of consulaire post

Family members, as defined below, shall be authorised to engage in gainful employment in the receiving State in accordance with the laws and regulations of the receiving State and after obtaining the appropriate authorisation in accordance with the provisions of this Agreement.

For the purposes of this Agreement:
a) “members of the diplomatic mission or consular post” means the head of a diplomatic mission or consular post and the members of the diplomatic, consular, administrative, technical and service staff of a diplomatic mission or consular post of the sending State who carry out duties at those diplomatic missions or consular posts and who are neither nationals of the receiving State nor permanently residing in that State;
b) a “family member” means: – the spouse of a member of the diplomatic mission or consular post, a person with whom they live in a union treated similarly to marriage under the laws of the sending State or a person with whom they have a cohabitation agreement drawn up by a civil-law notary in so far as the legislation of the sending State allows for such agreements;
– an unmarried financially dependent son or daughter of a member of the diplomatic mission or consular post, who is between the ages of 16 and 27 years and who is following a full-time course of education or study in the receiving State;
– an unmarried financially dependent son or daughter of a member of the diplomatic mission or consular post, who is considered by the receiving State, on the basis of national regulations, to form part of the household of the member of the diplomatic mission or consular post;
– the spouse of a member of the diplomatic mission or consular post, a person with whom they live in a union treated similarly to marriage under the laws of the sending State or a person with whom they have a cohabitation agreement drawn up by a civil-law notary in so far as the legislation of the sending State allows for such agreements;
– an unmarried financially dependent son or daughter of a member of the diplomatic mission or consular post, who is between the ages of 16 and 27 years and who is following a full-time course of education or study in the receiving State;
– an unmarried financially dependent son or daughter of a member of the diplomatic mission or consular post, who is considered by the receiving State, on the basis of national regulations, to form part of the household of the member of the diplomatic mission or consular post;
c) a son or daughter that engages in full-time gainful employment cannot be considered to be financially dependent;
d) “gainful employment” means performance of an employment function at the instruction or by the order of an employer under the terms and conditions of a labour agreement (contract) concluded under the rules of law of the receiving State, as well as any other remunerated professional activity, subject to the provisions of Article 3 of this Agreement.

1. If a family member of a member of the diplomatic mission or consular post wishes to engage in gainful employment under this Agreement in the receiving State, the Embassy of the sending State shall send a written request for authorisation, on the family member’s behalf, to the Protocol Department of the Ministry of Foreign Affairs of the receiving State.
2. The request referred to in paragraph 1 of this Article shall establish the full identity of the family member concerned. The request shall be accompanied by a short description of the nature of the gainful employment the family member wishes to engage in.
3. Once it has been established that the family member complies with the requirements under this Agreement, and that the applicable procedure has been observed, the Protocol Department of the Ministry of Foreign Affairs of the receiving State shall officially notify the Embassy of the sending State as soon as possible whether the family member can or cannot engage in gainful employment in the territory of the receiving State.
4. Family members are not exempted from the obligation to comply with special qualifications applicable to engaging in certain types of employment. The sending State may not interpret the provisions of this Agreement as conferring a right to engage in a particular profession. It is understood that, in those types of employment in which special qualifications are required, the dependent family member shall meet the rules governing the exercise of these occupations in the receiving State.
5. Family members may not engage in gainful employment on positions which only nationals of the receiving State are entitled to occupy according to national legislation.
6. In the Netherlands the authorisation to engage in gainful employment shall be printed on the family member’s identity card.
7. The receiving State may refuse or cancel authorisation to engage in gainful employment if at any time the family member contravenes the immigration or naturalisation laws or the tax laws of the receiving State.

Family members engaged in gainful employment under this Agreement shall observe the labour legislation of the receiving State and shall be subject to the social security regime of the receiving State for all matters connected with their employment in that State. A family member is also obliged to pay, in the receiving State, all taxes on income arising from employment carried out in accordance with this Agreement.

1. Any family member who is authorised to engage in gainful employment under this Agreement shall observe the laws of the receiving State with respect to the employment concerned.
2. Family members who engage in gainful employment in accordance with this Agreement are not immune from civil or administrative jurisdiction in respect of any claims brought against them on account of actions related to their gainful activity.
3. If the family member enjoys immunity from the criminal jurisdiction of the receiving State on the basis of the Vienna Convention on Diplomatic Relations of 18 April 1961 and/or any other international agreement by which the Parties are bound, the sending State shall waive the immunity of the family member in question from the criminal jurisdiction of the receiving State in respect of all acts or omissions relating to the gainful employment that they are engaged in, except in special cases in which the sending State considers that such a waiver would be contrary to its interests.
4. The waiver of immunity does not cover preventive measures or the execution of a judgment, for which a separate waiver is required. In such cases, the receiving State shall request the sending State in writing to waive such immunity.

1. The Embassy of the sending State shall notify the Protocol Department of the Ministry of Foreign Affairs of the receiving State on changes related to the status of a family member engaged in gainful employment.
2. The authorisation to engage in gainful employment granted to the family member ends
a) when the appointment of the member of the diplomatic mission or consular post in question ends or
b) when the family member ceases to be a family member in accordance with the definitions under this Agreement.
3. Any employment engaged in under this Agreement does not entitle the family member to continue to reside in the receiving State. Nor does it entitle the family member to remain in that employment or to engage in different employment in the receiving State once the authorisation under this Agreement has ended.

1. This Agreement may be amended at the request of either Party by sending the other Party written notice to which the latter Party shall give its written consent within sixty (60) days of receipt of the notice.
2. Any amendment(s) made to this Agreement pursuant to the preceding paragraph shall enter into force in accordance with Article 8 of this Agreement.

1. The Parties shall notify each other in writing, through diplomatic channels, that their respective procedures constitutionally required for the entry into force of this Agreement have been complied with.
2. This Agreement shall enter into force on the first day of the second month following the date of the last notification.
3. The Agreement shall remain in force for an indefinite period, unless either Party terminates this Agreement by giving the other Party written notice of its intention to terminate it six (6) months prior to the date of termination.
4. With regard to the Kingdom of the Netherlands, this Agreement shall apply to the European part of the Netherlands, the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), Aruba, Curaçao and Sint Maarten, unless the notification referred to in paragraph 1 of this Article provides otherwise. In the latter case the Kingdom of the Netherlands may extend the application of this Agreement at any time to one or more of its constituent parts by notification to Ukraine through diplomatic channels.