8. pants
- Stāšanās spēkā

1. Šis Līgums stājas spēkā pēdējā paziņojuma saņemšanas dienā,

ar kuru Puses pa diplomātiskajiem kanāliem informē viena otru, ka

ir izpildītas iekšējās procedūras, lai Līgums varētu stāties

spēkā.

2. Šis Līgums ir noslēgts uz nenoteiktu laika periodu.

3. Šo Līgumu var grozīt ar Pušu savstarpēju rakstisku

piekrišanu. Jebkurš grozījums Līgumā izdarāms tādā pašā kārtībā,

kādā tas stājas spēkā.

4. Katra Puse var izbeigt šo Līgumu jebkurā brīdī, nosūtot

otrai Pusei rakstisku paziņojumu pa diplomātiskajiem kanāliem

sešus mēnešus iepriekš.

TO APLIECINOT, apakšā parakstījušies, būdami pienācīgi

pilnvaroti no to attiecīgajām valdībām, ir parakstījuši šo

Līgumu.

Noslēgts Ņujorkā, 2009.gada 22.septembrī, kas atbilst 5770.

gada Tišri 4. dienai, divos oriģināleksemplāros, katrs latviešu,

ebreju un angļu valodā, un visi teksti ir vienlīdz autentiski. Šī

Līguma atšķirīgas interpretācijas gadījumā par noteicošo

uzskatāms teksts angļu valodā.

[Māris Riekstiņš]

Latvijas Republikas valdības vārdā

[Avigdors Libermans]

Izraēlas Valsts valdības vārdā

AGREEMENT BETWEEN THE GOVERNMENT

OF THE REPUBLIC OF LATVIA AND THE GOVERNMENT OF THE STATE OF

ISRAEL ON GAINFUL OCCUPATION FOR FAMILY MEMBERS OF A MEMBER OF A

DIPLOMATIC MISSION OR CONSULAR POST

The Government of the Republic of Latvia and the Government of

the State of Israel (hereinafter referred to as the

"Parties");

Realizing that the family members of a diplomatic agent

forming part of his household, in particular spouses, may wish to

work in the State where the member of a diplomatic mission or

consular post is assigned to duty;

Desirous of facilitating the engagement of such family members

in a gainful occupation in the receiving State;

Have reached the following Agreement:

Article 1 - Definitions

For the purpose of this Agreement:

1. "A member of a diplomatic mission or consular

post" means any employee of the sending State who is not a

national or permanent resident of the receiving State and who is

assigned to official duty in the receiving State in a diplomatic

mission or consular post.

2. "A family member" of a diplomatic mission or

consular post means:

a. spouse or de-facto spouse, in accordance with the

applicable legislation of the sending State;

b. unmarried dependent children under the age of 21 years or

unmarried dependent children under the age of 25 years pursuing

full-time courses leading to a substantial qualification at

universities or higher education centres recognized by each

State, and

c. unmarried children who are physically or mentally

disabled.

Article 2 - Authorization to engage

in gainful occupation

1. The family member forming part of the household of a member

of a diplomatic mission or consular post of the sending State

appointed to carry out an official mission in the receiving State

shall be authorized to engage in a gainful occupation in the

receiving State in accordance with the provisions of the

applicable legislation of the receiving State and the provisions

of this Agreement.

2. The receiving State shall retain the right to withhold

authorization for employment in certain areas, inter alia:

a. if the employer is the receiving State, including its

semi-autonomous agencies, foundations, state-owned and mixed

public -private corporations;

b. if the activity affects national security.

3. Any authorization to engage in gainful occupation in the

receiving State shall be valid only during the tenure of the

member of a diplomatic mission or consular post in the receiving

State.

Article 3 - Procedures

1. The engagement of a family member in gainful occupation in

the receiving State shall be governed by the provisions of this

Agreement and shall be subject to prior authorization of the

relevant authorities through a request sent on behalf of the

family member by the Embassy of the sending State to the Protocol

Department of the Ministry of Foreign Affairs of the receiving

State, specifying the position applied for, the details of the

potential employer and any other information requested by the

appropriate authority in accordance with its procedures and

forms. The relevant authorities of the receiving State, after

checking whether the person in question fits the categories

defined in this Agreement and taking into account applicable

internal provisions, shall officially inform the Embassy of the

sending State, through the Protocol Department of the Ministry of

Foreign Affairs of the receiving State, that the person is

authorized to engage in the requested position, according to the

applicable legislation of the receiving State.

2. Should the family member seek to change his/her employers

any time after receiving a work permit, a further request for

authorization must be sought.

3. Authorization for a family member or of the potential

employer to engage in a gainful occupation will not imply

exemption from any requirements, procedures or fees which may

ordinarily apply to any employment, whether relating to personal

characteristics, professional or trade qualifications or

otherwise. In the case of professions requiring special

qualifications, the family member shall not be exempted from

fulfilling the applicable requirements. The provisions of the

Agreement shall not be interpreted as implying the recognition,

by the other contracting Party, of an educational or professional

degree.

Article 4 - Civil or administrative

privileges and immunities

In the case of family member who enjoy immunity from the civil

or administrative jurisdiction of the receiving State in

accordance with the Vienna Convention on Diplomatic Relations,

1961 or in accordance with the rules of the customary

international law as they are embodied in the Vienna Convention

on Consular Relations, 1963 such immunity shall not apply in

respect of any act or omission carried out in the course of the

gainful occupation and falling within the civil or administrative

jurisdiction of the receiving State. Such a waiver of immunity

from civil or administrative jurisdiction shall not be construed

as extending to immunity from execution of the sentences, for

which a specific waiver will be required.

Article 5 - Criminal immunity

In the case of family member who enjoy immunity from the

criminal jurisdiction of the receiving State in accordance with

the Vienna Convention on Diplomatic Relations, 1961 or in

accordance with the rules of customary international law as they

are embodied in the Vienna Convention on Consular Relations,

1963:

a. The provisions concerning immunity from criminal

jurisdiction of the receiving State shall continue to apply in

respect of any act or omission carried out in the course of the

gainful occupation.

b. However, in the case of serious offences carried out in the

course of the gainful occupation, upon the request in writing of

the receiving State, the sending State shall seriously consider

waiving the immunity of the family member concerned from the

criminal jurisdiction of the receiving State.

c. Such a waiver of immunity from criminal jurisdiction shall

not be construed as extending to immunity from execution of the

sentences, for which a specific waiver will be required.

Article 6 - Fiscal and social

security regimes

In accordance with the Vienna Convention on Diplomatic

Relations, 1961 and in accordance with the rules of the customary

international law as they are embodied in the Vienna Convention

on Consular Relations, 1963 family member shall be subject to the

fiscal and social security regimes of the receiving State for

matters connected with their gainful occupation in that

State.

Article 7 - Settlement of

disputes

Any dispute regarding the interpretation or application of

this Agreement shall be settled through mutual consultations.

Article 8 - Entry into Force

1. This Agreement shall enter into force on the date of the

receipt of the last notification through diplomatic channels by

which the Parties notify each other that their internal legal

requirements for the entering into force of the Agreement have

been fulfilled.

2. This Agreement shall remain in force for an indefinite

period of time.

3. This Agreement may be amended by mutual, written consent of

the Parties. Any amendment of the Agreement shall follow the same

procedure as its entry into force.

4. Either Party may terminate this Agreement at any time

providing six months prior notice in writing through diplomatic

channels.

IN WITNESS WHEREOF the undersigned, being duly authorized by

their Governments, have signed this Agreement.

Done in New York, on the 22nd day of September,

2009, which corresponds to the 4th of Tishrey 5770 in

two original copies, each in the Latvian, Hebrew, and English

languages, all texts being equally authentic. In case of

divergence concerning the interpretation of this Agreement, the

English text shall prevail.

[Māris Riekstiņš]

For the Government of the Republic of Latvia

[Avigdor Liberman]

For the Government of the State of Israel