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Uredba o ratifikaciji Dogovora med Vlado Republike Slovenije in Vlado Združenega kraljestva Velika Britanija in Severna Irska o zaposlovanju družinskih članov diplomatskega in konzularnega osebja
OBJAVLJENO V: Uradni list RS (mednarodne) 4-6/2021, stran 15 DATUM OBJAVE: 2.4.2021
VELJAVNOST: od 21.4.2021 / UPORABA: od 21.4.2021
RS (mednarodne) 4-6/2021
6. Uredba o ratifikaciji Dogovora med Vlado Republike Slovenije in Vlado Združenega kraljestva Velika Britanija in Severna Irska o zaposlovanju družinskih članov diplomatskega in konzularnega osebja
Na podlagi pete alineje šestega odstavka 75. člena Zakona o zunanjih zadevah (Uradni list RS, št. 113/03 – uradno prečiščeno besedilo, 20/06 – ZNOMCMO, 76/08, 108/09, 80/10 – ZUTD, 31/15 in 30/18 – ZKZaš) Vlada Republike Slovenije izdaja
U R E D B O
O RATIFIKACIJI DOGOVORA MED VLADO REPUBLIKE SLOVENIJE IN VLADO ZDRUŽENEGA KRALJESTVA VELIKA BRITANIJA IN SEVERNA IRSKA O ZAPOSLOVANJU DRUŽINSKIH ČLANOV DIPLOMATSKEGA IN KONZULARNEGA OSEBJA
1. člen
Ratificira se Dogovor med Vlado Republike Slovenije in Vlado Združenega kraljestva Velika Britanija in Severna Irska o zaposlovanju družinskih članov diplomatskega in konzularnega osebja, sklenjen z izmenjavo not 30. decembra 2020 in 31. decembra 2020.
2. člen
Dogovor se v izvirniku v angleškem jeziku in prevodu v slovenskem jeziku glasi:
Note 33/2020
The Embassy of the United Kingdom of Great Britain and Northern Ireland presents its compliments to the Ministry of Foreign Affairs of the Republic of Slovenia and has the honour to propose agreement of the following Arrangement on Employment of the Family Members of Diplomatic and Consular Personnel.
The Embassy of the United Kingdom of Great Britain and Northern Ireland presents its compliments to the Ministry of Foreign Affairs of the Republic of Slovenia and has the honour to propose agreement of the following Arrangement on Employment of the Family Members of Diplomatic and Consular Personnel.
ARRANGEMENT
BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE REPUBLIC OF SLOVENIA ON EMPLOYMENT OF THE FAMILY MEMBERS OF DIPLOMATIC AND CONSULAR PERSONNEL
I
Scope
1. This Arrangement does not apply to the employment of members of the family forming part of the household of a member of the diplomatic, consular or administrative staff of the mission or consular post of the sending State as a member of a mission or of a consular post in the receiving State. Such employment shall be permitted, subject to the applicable rules of international law.
2. Nothing in this Arrangement shall be taken as affecting the status of any individual under the Vienna Convention on Diplomatic Relations 1961 or under any other applicable international instrument.
II
Definitions, and Interpretation
For the purposes of this Arrangement:
1. “mission employee” means any employee of the sending State:
a) who is not a national or permanent resident of the receiving State; and
b) who is employed in a diplomatic mission, or a consular post, which is located in the receiving State.
2. “family member” means any member of the family of a mission employee:
a) who has been accepted as such a member by the receiving State and;
b) who forms part of the official household of that mission employee; including:
i) the spouse, or partner of the mission employee whose relationship is recognised as such by the authorities of the sending State and accepted as such by the Ministry of Foreign Affairs of the receiving State;
ii) unmarried children under the age of 18 years or unmarried children under the age of 26 years pursuing full-time courses of study, and at an educational establishment. In Slovenia such course must be notified for the purposes of this Arrangement to the Ministry of Foreign Affairs, and in the United Kingdom, such course must be notified to and approved by the Ministry of Foreign Affairs and
iii) unmarried children who are physically or mentally disabled and remain dependants at any age but are able to work.
Ill
Authorisation to engage in a gainful occupation
1. The family member will 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 Arrangement.
2. The receiving State will retain the right to withhold or withdraw authorisation in the following circumstances:
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.
The authorisation to work granted to the family members will cease:
c) When the beneficiary of the authorisation ceases to have the status of “family member” in accordance with paragraph II, sub paragraph 2; or
d) When the official function of the member of the mission employee terminates.
IV
Procedures
1. In the Republic of Slovenia, a request for authorisation to engage in gainful occupation will be submitted on behalf of the family member by the diplomatic mission or consular post of the United Kingdom to the protocol division of the ministry responsible for foreign affairs of the Republic of Slovenia.
2. Should the family member seek other employment after having been granted authorisation to engage in gainful occupation under this Arrangement, the family member will apply for authorisation for the new employment in accordance with sub-paragraph (1).
3. In the United Kingdom, a member of the family is authorized to work with no further administrative procedures required.
4. Authorisation for a family member 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 will not be exempted from fulfilling the applicable requirements.
V
Civil and Administrative Jurisdiction
Where a family member has, in accordance with the Vienna Convention on Diplomatic Relations, 1961 or any other applicable international instrument, immunity from the civil and administrative jurisdiction of the receiving State, such immunity will not apply in respect of any act carried out in relation to the gainful employment of that family member and which also fall within the civil or administrative jurisdiction of the receiving State.
VI
Criminal Jurisdiction
Where a family member has, in accordance with the Vienna Convention on Diplomatic Relations, 1961 or any other applicable international instrument, immunity from the criminal jurisdiction of the receiving State:
a) In the event that such a family member is accused of a criminal offence committed in relation to their gainful occupation, the sending State will give serious consideration to any written request that may be submitted by the receiving State for waiving such immunity.
b) A waiver of immunity from criminal jurisdiction under this paragraph will not be construed as being or extending to a waiver of immunity from execution of any sentence made pursuant to the exercise of that jurisdiction, for which a separate waiver will be required.
VII
Fiscal and Social Security Regimes
In accordance with the Vienna Convention on Diplomatic Relations, 1961, or any other applicable international instrument, and in accordance with the rules of customary international law as they are embodied in the Vienna Convention on Consular Relations, 1963, members of the family will be subject to the fiscal and social security regimes of the receiving State for matters connected with their gainful occupation in that State.
VIII
Settlement of disputes
Any dispute about the interpretation or application of this Arrangement will be settled amicably through the diplomatic channels.
IX
Amendments
This Arrangement may be amended at any time by the mutual written consent of the States. The amendments will take effect in accordance with the terms of paragraph X.
X
Date of effect, duration and termination
1. This Arrangement will come into provisional effect for a period commencing on 1 January 2021, during which it may be terminated by either party, giving the other 1 calendar month’s written notice. This Arrangement will become fully effective on the confirmation by the Republic of Slovenia in writing that they have completed their internal requirements. Once fully effective, this Arrangement will remain in effect for an unlimited period of time unless terminated by either State in accordance with point 2 of this paragraph.
2. Either State may terminate this Arrangement, by giving 3 (three) months written notice through diplomatic channels.
If the above proposal is acceptable to the Government of the Republic of Slovenia, The Embassy of the United Kingdom of Great Britain and Northern Ireland proposes that the present note and the reply to it should constitute an Agreement (in the form of the exchange of Notes). We propose that the Agreement comes into effect in accordance with the terms in paragraph X.
The Embassy of the United Kingdom of Great Britain and Northern Ireland avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Republic of Slovenia the assurances of its highest consideration.
Ljubljana, 30 December 2020
Ministry of Foreign Affairs of the Republic of Slovenia
LJUBLJANA
No: 5611-3/1996/46
The Ministry of Foreign Affairs of the Republic of Slovenia presents its compliments to the Embassy of the United Kingdom of Great Britain and Northern Ireland has the honour to confirm the receipt of the Embassy‘s Note No 33/2020 of 30 December 2020 stating the following:
“The Embassy of the United Kingdom of Great Britain and Northern Ireland presents its compliments to the Ministry of Foreign Affairs of the Republic of Slovenia and has the honour to propose agreement of the following Arrangement on Employment of the Family Members of Diplomatic and Consular Personnel.
ARRANGEMENT
BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE REPUBLIC OF SLOVENIA ON EMPLOYMENT OF THE FAMILY MEMBERS OF DIPLOMATIC AND CONSULAR PERSONNEL
I
Scope
1. This Arrangement does not apply to the employment of members of the family forming part of the household of a member of the diplomatic, consular or administrative staff of the mission or consular post of the sending State as a member of a mission or of a consular post in the receiving State. Such employment shall be permitted, subject to the applicable rules of international law.
2. Nothing in this Arrangement shall be taken as affecting the status of any individual under the Vienna Convention on Diplomatic Relations 1961 or under any other applicable international instrument.
II
Definitions, and Interpretation
For the purposes of this Arrangement:
1. “mission employee” means any employee of the sending State:
a) who is not a national or permanent resident of the receiving State; and
b) who is employed in a diplomatic mission, or a consular post, which is located in the receiving State.
2. “family member” means any member of the family of a mission employee:
a) who has been accepted as such a member by the receiving State and;
b) who forms part of the official household of that mission employee; including:
i) the spouse, or partner of the mission employee whose relationship is recognised as such by the authorities of the sending State and accepted as such by the Ministry of Foreign Affairs of the receiving State;
ii) unmarried children under the age of 18 years or unmarried children under the age of 26 years pursuing full-time courses of study, and at an educational establishment. In Slovenia such course must be notified for the purposes of this Arrangement to the Ministry of Foreign Affairs, and in the United Kingdom, such course must be notified to and approved by the Ministry of Foreign Affairs and
iii) unmarried children who are physically or mentally disabled and remain dependants at any age but are able to work.
Ill
Authorisation to engage in a gainful occupation
1. The family member will 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 Arrangement.
2. The receiving State will retain the right to withhold or withdraw authorisation in the following circumstances:
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.
The authorisation to work granted to the family members will cease:
c) When the beneficiary of the authorisation ceases to have the status of “family member” in accordance with paragraph II, sub paragraph 2; or
d) When the official function of the member of the mission employee terminates.
IV
Procedures
1. In the Republic of Slovenia, a request for authorisation to engage in gainful occupation will be submitted on behalf of the family member by the diplomatic mission or consular post of the United Kingdom to the protocol division of the ministry responsible for foreign affairs of the Republic of Slovenia.
2. Should the family member seek other employment after having been granted authorisation to engage in gainful occupation under this Arrangement, the family member will apply for authorisation for the new employment in accordance with sub-paragraph (1).
3. In the United Kingdom, a member of the family is authorized to work with no further administrative procedures required.
4. Authorisation for a family member 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 will not be exempted from fulfilling the applicable requirements.
V
Civil and Administrative Jurisdiction
Where a family member has, in accordance with the Vienna Convention on Diplomatic Relations, 1961 or any other applicable international instrument, immunity from the civil and administrative jurisdiction of the receiving State, such immunity will not apply in respect of any act carried out in relation to the gainful employment of that family member and which also fall within the civil or administrative jurisdiction of the receiving State.
VI
Criminal Jurisdiction
Where a family member has, in accordance with the Vienna Convention on Diplomatic Relations, 1961 or any other applicable international instrument, immunity from the criminal jurisdiction of the receiving State:
a) In the event that such a family member is accused of a criminal offence committed in relation to their gainful occupation, the sending State will give serious consideration to any written request that may be submitted by the receiving State for waiving such immunity.
b) A waiver of immunity from criminal jurisdiction under this paragraph will not be construed as being or extending to a waiver of immunity from execution of any sentence made pursuant to the exercise of that jurisdiction, for which a separate waiver will be required.
VII
Fiscal and Social Security Regimes
In accordance with the Vienna Convention on Diplomatic Relations, 1961, or any other applicable international instrument, and in accordance with the rules of customary international law as they are embodied in the Vienna Convention on Consular Relations, 1963, members of the family will be subject to the fiscal and social security regimes of the receiving State for matters connected with their gainful occupation in that State.
VIII
Settlement of disputes
Any dispute about the interpretation or application of this Arrangement will be settled amicably through the diplomatic channels.
IX
Amendments
This Arrangement may be amended at any time by the mutual written consent of the States. The amendments will take effect in accordance with the terms of paragraph X.
X
Date of effect, duration and termination
1. This Arrangement will come into provisional effect for a period commencing on 1 January 2021, during which it may be terminated by either party, giving the other 1 calendar month’s written notice. This Arrangement will become fully effective on the confirmation by the Republic of Slovenia in writing that they have completed their internal requirements. Once fully effective, this Arrangement will remain in effect for an unlimited period of time unless terminated by either State in accordance with point 2 of this paragraph.
2. Either State may terminate this Arrangement, by giving 3 (three) months written notice through diplomatic channels.
If the above proposal is acceptable to the Government of the Republic of Slovenia, The Embassy of the United Kingdom of Great Britain and Northern Ireland proposes that the present note and the reply to it should constitute an Agreement (in the form of the exchange of Notes). We propose that the Agreement comes into effect in accordance with the terms in paragraph X.
The Embassy of the United Kingdom of Great Britain and Northern Ireland avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Republic of Slovenia the assurances of its highest consideration.”
In reply the Ministry of Foreign Affairs of the Republic of Slovenia has the honour to confirm that these provisions are acceptable to the Government of the Republic of Slovenia and that the Note of the Embassy of the United Kingdom of Great Britain and Northern Ireland No 33/2020 of 30 December 2020 and this Note constitute an Arrangement between the Government of the Republic of Slovenia and the Government of the United Kingdom of Great Britain and Northern Ireland on Employment of the Family Members of Diplomatic and Consular Personnel, which becomes effective in accordance with the provisions in paragraph X.
Nota 33/2020
Veleposlaništvo Združenega kraljestva Velika Britanija in Severna Irska izraža svoje spoštovanje Ministrstvu za zunanje zadeve Republike Slovenije in ima čast predlagati sklenitev dogovora o zaposlovanju družinskih članov diplomatskega in konzularnega osebja.
Veleposlaništvo Združenega kraljestva Velika Britanija in Severna Irska izraža svoje spoštovanje Ministrstvu za zunanje zadeve Republike Slovenije in ima čast predlagati sklenitev dogovora o zaposlovanju družinskih članov diplomatskega in konzularnega osebja.
DOGOVOR
MED VLADO ZDRUŽENEGA KRALJESTVA VELIKA BRITANIJA IN SEVERNA IRSKA IN VLADO REPUBLIKE SLOVENIJE O ZAPOSLOVANJU DRUŽINSKIH ČLANOV DIPLOMATSKEGA IN KONZULARNEGA OSEBJA
I.
Področje uporabe
1.
Ta dogovor se ne uporablja za zaposlovanje članov družine, ki so del gospodinjstva člana diplomatskega, konzularnega ali administrativnega osebja predstavništva ali konzulata države pošiljateljice, kot člana predstavništva ali konzulata v državi sprejemnici. Taka zaposlitev je dovoljena ob upoštevanju pravil mednarodnega prava.
2.
Nič v tem dogovoru ne vpliva na status katerega koli posameznika po Dunajski konvenciji o diplomatskih odnosih (1961) ali po katerem koli drugem veljavnem mednarodnem aktu.
II.
Pomen izrazov
V tem dogovoru:
1.
»zaposleni v predstavništvu« pomeni katerega koli zaposlenega iz države pošiljateljice,
a)
ki ni državljan ali rezident države sprejemnice in
b)
ki je zaposlen v diplomatskem predstavništvu ali konzulatu v državi sprejemnici;
2.
»družinski član« pomeni katerega koli družinskega člana zaposlenega v predstavništvu,
a)
ki ga je kot takega člana sprejela država sprejemnica in
b)
ki je član gospodinjstva zaposlenega v predstavništvu, vključno z
i)
zakoncem ali partnerjem zaposlenega v predstavništvu, katerih skupnost priznavajo organi države pošiljateljice ter jo kot tako sprejme ministrstvo za zunanje zadeve države sprejemnice;
ii)
neporočenimi otroki, mlajšimi od 18 let, ali neporočenimi otroki, ki so mlajši od 26 let in so redno vključeni v študijske programe izobraževalnih ustanov. Za namene tega dogovora mora biti v Sloveniji o študijskem programu uradno obveščeno ministrstvo za zunanje zadeve, v Združenem kraljestvu pa mora biti o študijskem programu uradno obveščeno ministrstvo za zunanje zadeve, ki študijski program tudi odobri in
iii)
neporočenimi vzdrževanimi otroki, ki so telesno ali duševno prizadeti in ostajajo vzdrževani družinski člani ne glede na starost, vendar so sposobni delati.
III.
Soglasje za opravljanje pridobitne dejavnosti
1.
Družinskemu članu se dovoli opravljanje pridobitne dejavnosti v državi sprejemnici v skladu z veljavno zakonodajo države sprejemnice in določbami tega dogovora.
2.
Država sprejemnica ima pravico, da ne izda soglasja v naslednjih primerih:
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