Protocol in the Department of State. Upon verification that the person is a dependent of an official employee of the-Government, the-Government will be informed by the Office of Protocol that the dependent has permission to accept employment. -,the request shall be Ministry of For In the case of dependents who seek employment inmade by the United States Embassy into the eign Affairs, which, after verification, shall then inform the United States Embassy that the dependent may accept employment. As to dependents who obtain employment under this agreement and who have immunity from the jurisdiction of the receiving country in accordance with Article 31 of the Vienna Convention on Diplomatic Relations or in accordance with the Convention on the Privileges and Immunities of the United Nations, or any other applicable international agreement, immunity from civil and administrative jurisdiction with respect to all matters arising out of such employment is hereby irrevocably waived by the sending state concerned. Such dependents are also liable for payment of income and social security taxes on any remuneration received as a result of employment in the receiving state. The Department of State further proposes that, if these understandings are acceptable to the Government of――― this note and the Government of -—'s reply concurring therein shall constitute an agreement between our two governments which shall enter into force on the date of that reply note and shall remain in force until ninety days after the date of the written notification from either government to the other of intention to terminate. Enclosure: Addendum Department of State Washington, Addendum: For the purposes of this agreement, "Dependents" shall include: Spouses; Unmarried dependent children under 21 years of age; Unmarried dependent children under 25 years of age who are in full-time attendance as students at a post-secondary educational institution; and Unmarried children who are physically or mentally disabled. Ibid., No. P85 0124-1430. As of Jan. 1, 1986, the United States had concluded bilateral agreements for such employment with the following: Australia, by an exchange of notes at Canberra, Nov. 5 and 9, 1984; TIAS ; entered into force, Nov. 9, 1984. Bolivia, by an exchange of notes at La Paz, Mar. 5, 1982; TIAS 10355; entered into force, Mar. 5, 1982. Botswana, by an agreement relating to the employment of dependents of official government employees, signed at Gabarone, June 15, 1984; TIAS; entered into force, June 15, 1984. Canada, by an exchange of notes at Washington, June 4 and 12, 1980; TIAS 10693; entered into force, June 12, 1980. Colombia, by an exchange of notes at Bogota, Mar. 30 and May 25, 1982; TIAS 10729; entered into force, May 25, 1982. Denmark, by an exchange of notes at Washington, May 16 and 20, 1983; TIAS 10694; entered into force, May 20, 1983. El Salvador, by an exchange of notes at San Salvador, Jan. 19 and Mar. 11, 1983; TIAS; entered into force, Mar. 11, 1983. Honduras, by an exchange of notes at Tegucigalpa, June 11 and Nov. 27, 1985; TIAS; entered into force, Nov. 27, 1985. Israel, by an exchange of notes at Tel Aviv and Jerusalem, Sept. 23 and Oct. 3, 1985; TIAS ; entered into force, Oct. 3, 1985. Jamaica, by an exchange of notes at Kingston, May 3 and Oct. 11, 1982; TIAS entered into force, Oct. 11, 1982. Liberia, by an exchange of notes at Washington, Aug. 21 and Oct. 16, 1984; TIAS; entered into force, Nov. 23, 1984. New Zealand, by an exchange of notes at Wellington, Nov. 16 and 23, 1981; TIAS 10304; entered into force, Nov. 23, 1981. Norway, by an exchange of notes at Oslo, Apr. 15 and July 21, 1981; TIAS ; entered into force, July 21, 1981. Philippines, by an exchange of notes at Washington, Sept. 20 and Oct. 20, 1983; TIAS 10805; entered into force, Oct. 20, 1983. Sweden, by an exchange of notes at Washington, Oct. 27 and 30, 1981; TIAS 10291; entered into force, Oct. 30, 1981. United Kingdom, by an exchange of notes at Washington, Jan. 14 and 15, 1981; TIAS 9971; entered into force, Jan. 15, 1981. On the basis of de facto reciprocity established by precedent, spouses and dependents of employees assigned to official duty in the United States from approximately 60 countries may apply through specified channels for a permit to work under the more limited regime authorized by 8 CFR 214.2(a)(2). Baggage Inspection By a note to the Secretary of State, dated January 28, 1980, the Ambassador of Nicaragua protested his temporary detention at Miami, Florida, on January 22, and the confiscation of automatic weapons, a handgun, and ammunition, which agents of the Alcohol, Tobacco, and Firearms Division of the Department of the Treasury found in the Ambassador's luggage. The Secretary of State replied: The weapons were discovered by baggage handlers for National Airlines when Your Excellency's bag inadvertently became opened. National Airlines requested the assistance of Federal authorities to investigate the circumstances regarding the unauthorized transport of the weapons. Inspection of the baggage under these circumstances was in accordance with Article 36, paragraph 2 of the Vienna Convention on Diplomatic Relations which allows inspection of diplomatic baggage if there are serious grounds for presuming it contains articles not ordinarily exempted. Officials of the Alcohol, Tobacco and Firearms Division confiscated the weapons in accordance with 18 U.S.C. 1922 L which prohibits the importation of automatic weapons without a license and provides for the confiscation of the weapons in the event of illegal importation. The Alcohol, Tobacco and Firearms Division does not issue import licenses for automatic weapons to individuals. Furthermore, the Department of State does not approve the possession or use of automatic weapons by diplomatic missions in the United States. The Department of State requests the cooperation of the Embassy of Nicaragua and the Nicaraguan Consulate General in Miami, Florida in returning these weapons to Nicaragua as expeditiously as possible. * Dept. of State File No. P80 0091-0733, in reply to ibid., P80 0024-1477. Subsequently, the Dept. of State responded on Dec. 2, 1980, to a note from the Embassy of Nicaragua, dated July 10, 1980, requesting the issuance of licenses to bear firearms for Nicaraguan consular personnel at Miami, as follows: The Embassy is hereby informed that the granting of weapon permits which allow the carrying of a firearm on one's person falls under the jurisdiction of local authorities, in this case Dade County, Florida, and is not a matter under the control of Federal authorities. It will be of interest that the policy of the local authorities in Dade County, Florida is not to permit foreign agents to bear arms. This policy is applicable as well to exile or opposition groups. Local law enforcement authorities are confident in their ability to monitor groups hostile to consular personnel and to respond to any potentially dangerous situation. A meeting was held on October 16, 1980, with representatives of Dade County Public Safety Department, State Department Security, and representatives of the Nicaraguan Consulate. It is the Department's understanding that Nicaraguan representatives were advised at that time of the above policy as the basis for the refusal of the Dade County authorities to issue the permits requested. Ibid., No. P80 0159-0278, in reply to ibid., P80 0095-1568. §2 Consular Officers and Consulates Recognition of Consular Status Consular Titles In identical notes dated November 24, 1980, the Department of State called to the attention of several embassies in Washington its policy concerning use of the title "consular attaché" in according consular recognition to career personnel at foreign consular posts in the United States. The Department informed them that it was not the policy of the United States Government to grant consular recognition to an officer under the designation "attache," and that the consular titles recognized by the United States were those set forth in (Article 9, paragraph 1 of) the Vienna Convention on Consular Relations: consul general (including deputy consul general), consul (including deputy consul), vice consul, and consular agent. The Department stated that although it had made exceptions (to the policy on designations used in granting consular recognition) at the request of several missions, it would no longer do so. The Department took the position that a receiving state could restrict its designations of consular officers under Article 9, paragraph 2 of the Convention. For the notes from the Secretary of State to the Ambassadors of Belgium, the Federal Republic of Germany, Italy, Luxembourg, and the Polish People's Republic, see, respectively, Dept. of State File Nos. P80 0155-1089, P80 0155-1092, P80 01551088, P80 0155-1090, and P80 0155-1091. In a note dated February 19, 1981, the Embassy of the Federal Republic of Germany asked the Department to accede to its request to continue using the title "consular attaché" for consular personnel in the United States; and it also referred to Article 9 of the Convention as authority for its right to such use. Although the Department did not concur in the Embassy's interpretation of Article 9, it replied on April 9, 1981 that it had no objection to an embassy's use of the title "consular attaché" when formally notifying an individual to the Department of State, if the notification stated as well that the individual so designated also qualified for one of the four consular titles under which the United States granted consular recognition. A sending state was free to use whatever designations it might deem appropriate for the members of its consular posts, but the receiving state was not obligated to grant recognition as "consular officers" to all categories of personnel assigned to a consular post. The Department's note of November 24, 1980, had sought to ensure that the United States granted consular recognition only to persons who performed functions customarily performed by consular officers. Ibid., No. P81 0099-0598, in reply to ibid., No. P81 0102-0960. Art. 9 of the 1963 Vienna Convention on Consular Relations, "Classes of Heads of Consular Posts", reads: 1. Heads of consular posts are divided into four classes, namely: (a) Consuls-general; (b) Consuls; (c) Vice-consuls; (d) Consular agents. 2. Paragraph 1 of this article in no way restricts the right of any of the Contracting Parties to fix the designation of consular officers other than the heads of consular posts. TIAS 6820; 21 UST 77, p. 86; entered into force for the United States, Dec. 24, 1969. In a note dated October 29, 1980, the Department of State informed the Embassy of Uruguay that the United States Government did not recognize "Advisor Honorary Consul General" as a consular title, but that it could recognize the individual concerned in accordance with the 1963 Vienna Consular Convention as an Honorary Consul General. Dept. of State File No. P80 0144-0648, in response to ibid., No. P84 0082-1928. Merger of Adjunct Government Offices By a note to the Embassy of Spain, dated February 8, 1980, the Department of State agreed to a proposed merger of Spanish Government tourism offices with the Spanish Consulates General in whose respective jurisdictions they were located, provided that in each instance the tourism office and the Consulate General were located in the same city. The Department asked the Embassy to submit a list of the personnel of each tourism office, together with a Form DS-394 (Notification of Foreign Government Related Employment Status) for staff not currently registered with the Department through that form. It also asked for requests for recognition of the head of each tourism office to be made by a diplomatic note "in accordance with the customary procedure, accompanied by a newly completed DS-394". The Department invited the Embassy's attention to the fact that the officials of the tourism offices would acquire consular immunity under the Vienna Convention on Consular Relations through the proposed mergers. Ibid., File No. P80 0021-1220, in reply to ibid., No. P80 0221-1222. On Sept. 4, 1980, the Department approved a similar request from the Embassy of India (transmitted in its notes No. 65(5)72, dated May 14 and August 7, 1980) for approval of the incorporation, or merger, of the Indian Tourist Office at New York City into the Consulate General of India at New York, N.Y. Ibid., No. P80 0119-1117, in response to ibid., Nos. P80 0067-1080 and P84 0097-1829. The Department of State informed the Embassy of the Republic of South Africa in a note dated December 19, 1980, that it agreed to merger of the South African Information Office, formerly located at Los Angeles, California, into the South African Consulate General located at Beverly Hills, and requested the Embassy to provide a list of the personnel involved as well as Forms DS-394 (Notification of Foreign Government Related Employment Status) for those not currently registered with the Department through that form. Ibid., File No. P80 0167-1209, in reply to ibid., No. P80 0167-1210. Protection of Nationals: Arrest of United States Citizens On July 18, 1980, the Department of State released to all Foreign Service posts a complete revision of its instructions regarding the services and functions required of consular officers on behalf of Americans arrested abroad, being Chapter 400 of Volume 7, "Overseas Citizens Services", of the Foreign Affairs Manual, the internal operating instructions of the Department of State and the Foreign Service of the United States. Chapter 400 takes up notification, access, and visits, the physical condition of a prisoner as well as the prison environment, financialmedical-dietary assistance where necessary, attendance at trials, and various services for released and escaped prisoners. Portions of transmittal letter No. OCS-3 follow: 411 Notification In order for the consular officer to perform the protective function in an efficient and timely manner, it is essential that the consul obtain prompt notification whenever a United States citizen is arrested. Prompt notification is necessary to assure early access to the arrestee. Early access in turn is essential, among other things, to receive any allegations of abuse [and] to provide a list of lawyers and a legal system fact sheet to prisoners . . . (see section 412). |