Verdrag tussen het Koninkrijk der Nederlanden en de Republiek Moldavië inzake betaalde werkzaamheden door afhankelijke gezinsleden van leden van diplomatieke vertegenwoordigingen en consulaire posten

For the purpose of this Agreement,
a) „mission” means the diplomatic mission and/or consular post;
b) „members of the mission” means the head of the mission and the members of the diplomatic, consular, administrative, technical and service staff of a mission of the sending State who carry out duties at those missions and who neither have the nationality of the receiving State nor reside permanently in that State;
c) „dependent family member” means: i) the spouse of a member of the mission forming part of his or her household;
ii) the (registered) partner of a member of the mission forming part of his or her household on the condition that proof is given of the existence of a registered partnership or of an official cohabitation agreement made by a notarial deed;
iii) an unmarried financially dependent child of a member of the mission who does not engage in full-time gainful employment and who: ○ is between the ages of 16 up to and including 24;
○ is between the ages of 25 up to and including 27 and is registered as fulltime student in a regular educational institution in the receiving State; or
○ has a physical or mental impairment, irrespective of age and is therefore considered by the receiving State to form part of the household of the member of the mission.
○ is between the ages of 16 up to and including 24;
○ is between the ages of 25 up to and including 27 and is registered as fulltime student in a regular educational institution in the receiving State; or
○ has a physical or mental impairment, irrespective of age and is therefore considered by the receiving State to form part of the household of the member of the mission.
i) the spouse of a member of the mission forming part of his or her household;
ii) the (registered) partner of a member of the mission forming part of his or her household on the condition that proof is given of the existence of a registered partnership or of an official cohabitation agreement made by a notarial deed;
iii) an unmarried financially dependent child of a member of the mission who does not engage in full-time gainful employment and who: ○ is between the ages of 16 up to and including 24;
○ is between the ages of 25 up to and including 27 and is registered as fulltime student in a regular educational institution in the receiving State; or
○ has a physical or mental impairment, irrespective of age and is therefore considered by the receiving State to form part of the household of the member of the mission.
○ is between the ages of 16 up to and including 24;
○ is between the ages of 25 up to and including 27 and is registered as fulltime student in a regular educational institution in the receiving State; or
○ has a physical or mental impairment, irrespective of age and is therefore considered by the receiving State to form part of the household of the member of the mission.

The dependent family members of members of the mission of the Kingdom of the Netherlands in the Republic of Moldova and of the Republic of Moldova in the Kingdom of the Netherlands shall be allowed to engage in gainful employment in the receiving State in accordance with the laws and regulations of that State after obtaining authorisation in accordance with the provisions of this Agreement.

1. A dependent family member shall obtain authorisation from the receiving State before engaging in gainful employment in that State. The Embassy of the sending State shall send a written request for authorisation, on the dependent family member’s behalf, to the Protocol Department of the Ministry of Foreign Affairs of the receiving State.
2. The request shall be accompanied by the necessary documentation concerning the gainful employment the dependent family member wishes to engage in, establishing the full identity of the person concerned and indicating the nature of the employment for which authorisation is requested.
3. Once it has been established that the person on whose behalf authorisation is being requested is a dependent family member as defined in this Agreement and that the applicable procedure has been observed, the Ministry of Foreign Affairs of the receiving State shall officially notify the Embassy concerned of the decision taken on the request for authorisation to engage in gainful employment under the applicable legislation of the receiving State.
4. The dependent family member is not exempted from the obligation to comply with special requirements applicable to the performance of certain occupations. 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 occupations in which special qualifications are required, the dependent family member shall meet the rules governing the exercise of these occupations in the receiving State. This Agreement does not imply recognition of diplomas, degrees or studies between the two Parties.
5. The authorisation to engage in gainful employment shall be printed on the dependent family member’s identity card.
6. The receiving State may refuse or cancel authorisation to perform the occupation at any time if the dependent family member contravenes the immigration or naturalisation laws or the tax laws of the receiving State.

A dependent family member enjoying immunity from jurisdiction under the Vienna Convention on Diplomatic Relations or any other international agreement shall not enjoy civil or administrative immunity in respect of any claims brought against him or her on account of acts or omissions directly connected with the performance of his or her gainful employment in the receiving State.

1. If the dependent family member enjoys immunity from the criminal jurisdiction of the receiving State on the basis of the Vienna Convention on Diplomatic Relations or any other international agreement, the sending State shall waive the immunity of the dependent family member concerned from the criminal jurisdiction of the receiving State in respect of any act or omission in connection with their gainful employment, except in special cases in which the sending State considers that such a waiver would be contrary to its interests.
2. The waiver of immunity does not cover preventive measures or the enforcement 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.

A dependent family member who has obtained authorisation to engage in gainful employment under this Agreement shall be subject to the social security regime of the receiving State for all matters connected with their employment in that State. A dependent family member is also obliged to pay, in the receiving State, all taxes on income arising from a gainful employment carried out on the basis of this Agreement in so far as this does not conflict with other applicable international instruments by which both Parties are bound.

1. The authorisation granted to a dependent family member to engage in gainful employment in the receiving State shall end when:
a) its beneficiary ceases to have the status of a dependent family member within the definition;
b) the member of the mission whose dependent family member is the beneficiary under this Agreement has deceased; or
c) the appointment of the member of the mission in question in the receiving State ends.
2. Gainful employment taken up in accordance with the terms of this Agreement shall not entitle a dependent family member to continue to reside in the receiving State, nor shall it entitle the said dependent family member to remain in such employment or to enter into any other employment in the receiving State after authorisation granted under this Agreement has been terminated.

By mutual written consent, the Parties may introduce any changes and additions to this Agreement in the form of separate protocols which shall form an integral part of the Agreement, and which shall enter into force in accordance with Article 10 of the Agreement.

Any dispute arising from the interpretation or application of the provisions of this Agreement shall be settled by the Parties through negotiations.

1. This Agreement shall enter into force on the first day of the second month following the date of receipt of the last written notification through diplomatic channels in which the Parties communicate the accomplishment of the internal legal procedures necessary for the entry into force of the Agreement.
2. This Agreement shall remain in force for an indefinite period, unless either Party terminates this Agreement by notifying the other Party in writing through diplomatic channels of its intention to terminate it. The denunciation shall take effect six months from the date of receipt of such notification by the other Party.
3. 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 the Republic of Moldova through diplomatic channels.