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法規名稱: ARRANGEMENT BETWEEN THE TAIPEI ECONOMIC AND CULTURAL OFFICE IN TEL AVIV AND THE ISRAEL ECONOMIC AND CULTURAL OFFICE IN TAIPEI ON GAINFUL OCCUPATION FOR FAMILY MEMBERS OF A MEMBER OF A REPRESENTATIVE OFFICE OR CONSULAR POST
簽訂日期: 民國 102 年 12 月 10 日
生效日期: 民國 102 年 12 月 10 日
簽約國: 亞西地區 > 以色列
沿革:
1.Signed on December 10,2013 Entered into force on December 10,2013

 
The Taipei Economic and Cultural Office in Tel Aviv and the the
Israel Economic and Cultural Office in Taipei (hereinafter
referred to as the "Parties");

Realizing that the members of the family of a Home-Based staff
forming part of his household, in particular spouses, may wish
to work in the Party where the member of a representative office
or consular post is assigned to duty;

Desirous of facilitating the engagement of such family members
in a gainful occupation in the receiving Party;

Have agreed to the following:

Article 1- Authorization to engage in a gainful occupation
1. The members of the family forming part of the household of a
member of a representative office or consular post of the
sending Party appointed to carry out an official mission in
the receiving Party shall be authorized to engage in a
gainful occupation in the receiving Party in accordance with
the provisions of the applicable legislation of the receiving
Party and the provisions of this Arrangement
2. The receiving Party shall retain the right to withhold
authorization for employment in certain areas, inter alia:
a. If the employer is the receiving Party, 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 a gainful occupation in the
receiving Party shall be valid only during the tenure of the
member of a representative office or consular post in the
receiving Party or at the latest three (3)months
thereafter.

Article 2- Definitions
For the purpose of this Arrangement:
1. "A member of a representative office or consular post" means
any employee of the sending Party who is not a national of or
permanently resident in the receiving Party and who is
assigned to official duty in the receiving Party in a
representative office or consular post.
2. "A member of the family" of a member of a representative
office or consular post means:
a. The spouse or de-facto spouse, in accordance with the
applicable legislation of the sending Party;
b. Unmarried dependant children under the age of twenty-one (
21)years or unmarried dependent children under the age of
twenty-five (25)years pursuing full-time courses leading
to a substantial qualification in universities or higher
education centers recognized by each Party.
c. Unmarried children who are physically or mentally disabled
but able to work.

Article 3- Procedures
1. The engagement of a member of the family in a gainful
occupation in the receiving Party shall be governed by the
provisions of this Arrangement and shall be subject to prior
authorization of the relevant authorities through a request
sent on behalf of the member of the family by the
representative office or consular post of the sending Party
to the Protocol Department of the Ministry of Foreign Affairs
of the receiving Party, 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 Party, after checking whether
the person in question fits the categories defined in this
Arrangement and taking into account applicable internal
provisions, shall officially inform the representative office
or consular post of the sending Party, through the Protocol
Department of the Ministry of Foreign Affairs of the
receiving Party, that the person is authorized to engage in
the requested position, according to the applicable
legislation of the receiving Party.
2. Should the member of the family seek to change his/her
employers at any time after receiving a work permit, a
further request for authorization must be sought
3. Authorization for a member of the family 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 member of the family
shall not be exempted from fulfilling the applicable
requirements. The provisions of this Arrangement shall not be
interpreted as implying the recognition, by the other Party,
of a degree for pursuing a profession.

Article 4
Civil or administrative privileges and immunities In the case of
members of the family who enjoy immunity from the civil or
administrative jurisdiction of the receiving Party 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 Party. 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 members of the family who enjoy immunity from the
criminal jurisdiction of the receiving Party 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 Party 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 Party, the sending Party shall seriously
consider waiving the immunity of the member of the family
concerned from the criminal jurisdiction of the receiving
Party.
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 members of the family
shall be subject to the fiscal and social security regimes of
the receiving Party for matters connected with their gainful
occupation in that Party.

Article 7- Settlement of disputes
Any differences or disputes regarding the interpretation or
application of this Arrangement shall be settled through mutual
consultations.

Article 8- Entry into Force
This Arrangement shall enter into effect upon signature for an
indefinite period of time, unless terminated by either Party,
providing six (6) months prior notice in writing through
diplomatic channels.

IN WITNESS WHEREOF the undersigned, being duly authorized by
their Governments, have signed this Arrangement.

Signed in Taipei, on the 10th day of December, 2013 in duplicate
──── ── ────
in the English language.


Liang-jen-Chang Simona Halperin

For the Taipei Economic For the Israel Economic
and Cultural Office in Tel and Cultural Office in
Aviv Taipei