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Uredba o ratifikaciji Sporazuma med Vlado Republike Slovenije in Vlado Republike Indije o opravljanju pridobitne dejavnosti vzdrževanih članov družine članov diplomatskih predstavništev in konzulatov
OBJAVLJENO V: Uradni list RS (mednarodne) 9-45/2015, stran 334 DATUM OBJAVE: 3.7.2015
VELJAVNOST: od 6.8.2015 / UPORABA: od 6.8.2015
RS (mednarodne) 9-45/2015
Verzija
2 / 2
Čistopis se uporablja od 6.8.2015 do nadaljnjega. Status čistopisa na današnji dan, 17.2.2026: AKTUALEN.
45. Uredba o ratifikaciji Sporazuma med Vlado Republike Slovenije in Vlado Republike Indije o opravljanju pridobitne dejavnosti vzdrževanih članov družine članov diplomatskih predstavništev in konzulato
Na podlagi 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 in 31/15) izdaja Vlada Republike Slovenije
U R E D B O
o ratifikaciji Sporazuma med Vlado Republike Slovenije in Vlado Republike Indije o opravljanju pridobitne dejavnosti vzdrževanih članov družine članov diplomatskih predstavništev in konzulatov
o ratifikaciji Sporazuma med Vlado Republike Slovenije in Vlado Republike Indije o opravljanju pridobitne dejavnosti vzdrževanih članov družine članov diplomatskih predstavništev in konzulatov
1. člen
Ratificira se Sporazum med Vlado Republike Slovenije in Vlado Republike Indije o opravljanju pridobitne dejavnosti vzdrževanih članov družine članov diplomatskih predstavništev in konzulatov, sklenjen 24. aprila 2015 v Ljubljani.
2. člen
Besedilo sporazuma se v izvirniku v angleškem in prevodu v slovenskem jeziku glasi:
A g r e e m e n t
between the Government of the Republic of Slovenia and the Government of the Republic of India on the Gainful Occupation of Dependants of Members of Diplomatic Missions and Consular Posts
between the Government of the Republic of Slovenia and the Government of the Republic of India on the Gainful Occupation of Dependants of Members of Diplomatic Missions and Consular Posts
The Government of the Republic of Slovenia and the Government of the Republic of India (hereinafter referred to as the “Contracting Parties”);
Accepting that, on the basis of reciprocity, dependants of accredited employees of the sending State assigned to official duty in the receiving State as members of a diplomatic mission or consular post will be granted authorisation to engage in gainful occupation in the receiving State,
Have agreed as follows:
Article 1
Definitions
For the purpose of this Agreement:
1. “Member of a diplomatic mission or consular post” shall mean an employee of the sending State who is not a national of the receiving State and who is assigned to official duty in the receiving State at a diplomatic mission, consular post or mission to an international organisation.
2. “Dependants” shall mean:
(a) The spouse (including a common-law partner) of a member of a diplomatic mission or consular post, in accordance with the laws and regulations of the receiving State;
(b) Any child defined as dependent as per the laws and regulations of the receiving State, who forms part of the household of a member of a diplomatic mission or consular post; and
(c) Unmarried dependent children of a member of a diplomatic mission or consular post who are physically or mentally disabled.
Article 2
Authorisation to Engage in Gainful Occupation
1. No restrictions shall be placed on the type of gainful occupation of a dependant. However, in those professions where particular qualifications are required in order to undertake gainful occupation, the dependant must have those qualifications and meet other conditions specified by the receiving State for those professions.
2. Authorisation to engage in gainful occupation may be denied in cases where, for security reasons or in compliance with national legislation, only nationals of the receiving State may be employed.
3. Should the dependant seek other employment after having been granted authorisation to engage in gainful occupation under this Agreement, the dependant shall re-apply for authorisation via the diplomatic mission.
4. Any employment contract entered into by the dependant shall contain a clause to the effect that the contract shall terminate upon the expiration of authorisation to engage in gainful occupation.
5. The authorisation to engage in gainful occupation in the receiving State shall automatically expire either if the person ceases to have the status of a dependant, or once the tenure of the member of a diplomatic mission or consular post on whom the person concerned is dependent has finished.
6. The authorisation granted to a dependant to engage in gainful occupation, in conformity with this Agreement, shall not give the person concerned the right to continue working or to reside in the receiving State once the tenure of the member of a diplomatic mission or consular post on whom the person concerned is dependent has finished.
Article 3
Procedures
1. A request for authorisation to engage in gainful occupation shall be submitted on behalf of the dependant by the diplomatic mission or consular post of the sending State to the protocol division of the ministry responsible for foreign affairs of the receiving State.
2. The subsequent procedures shall be carried out in a manner that will enable the dependant to engage in gainful occupation as soon as possible; any requirements relating to work permits and similar formalities shall be favourably applied.
Article 4
Civil and Administrative Privileges and Immunities
For dependants who engage in gainful occupation under this Agreement and have immunity from the jurisdiction of the receiving State in accordance with the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, immunity from civil and administrative jurisdiction with respect to all matters arising from such gainful occupation is hereby irrevocably waived by the sending State.
Article 5
Criminal Immunity
In the event that a dependant who has immunity from criminal jurisdiction in accordance with the Vienna Convention on Diplomatic Relations is accused of a criminal offence committed in relation to their gainful occupation, the sending State shall give serious consideration to any written request that may be submitted by the receiving State for waiving such immunity.
Article 6
Fiscal, Social Security and Exchange Control Regime
In accordance with the Vienna Convention on Diplomatic Relations and other applicable international instruments, the dependant shall be subject to the fiscal, social security and exchange control regimes of the receiving State for matters relating to their gainful occupation in that State.
Article 7
Settlement of Disputes
Any differences or disputes arising from the interpretation or application of the provisions of this Agreement shall be settled amicably through consultations or negotiations between the Contracting Parties.
Article 8
Amendment
This Agreement may be amended or revised, if deemed necessary, by mutual written consent of the Contracting Parties. Such amendments or revisions shall enter into force according to the provision of Article 9, paragraph 1, of this Agreement, and form an integral part of this Agreement.
Article 9
Final Clauses
1. This Agreement shall enter into force on the thirtieth day following the date of receipt of the second written notification sent through diplomatic channels by which the Contracting Parties notify each other that all internal legal procedures required for the entry into force of this Agreement have been fulfilled.
2. This Agreement shall be concluded for an indefinite period of time. Either Contracting Party may terminate it at any time by giving six months’ notice in writing to the other Contracting Party.
Done at Ljubljana on 24 April 2015 in two original copies in the English language.
For the Government
of the Republic of Slovenia Borut Mahnič (s) For the Government
of the Republic of India
Sarvajit Chakravarti (s)
Accepting that, on the basis of reciprocity, dependants of accredited employees of the sending State assigned to official duty in the receiving State as members of a diplomatic mission or consular post will be granted authorisation to engage in gainful occupation in the receiving State,
Have agreed as follows:
Article 1
Definitions
For the purpose of this Agreement:
1. “Member of a diplomatic mission or consular post” shall mean an employee of the sending State who is not a national of the receiving State and who is assigned to official duty in the receiving State at a diplomatic mission, consular post or mission to an international organisation.
2. “Dependants” shall mean:
(a) The spouse (including a common-law partner) of a member of a diplomatic mission or consular post, in accordance with the laws and regulations of the receiving State;
(b) Any child defined as dependent as per the laws and regulations of the receiving State, who forms part of the household of a member of a diplomatic mission or consular post; and
(c) Unmarried dependent children of a member of a diplomatic mission or consular post who are physically or mentally disabled.
Article 2
Authorisation to Engage in Gainful Occupation
1. No restrictions shall be placed on the type of gainful occupation of a dependant. However, in those professions where particular qualifications are required in order to undertake gainful occupation, the dependant must have those qualifications and meet other conditions specified by the receiving State for those professions.
2. Authorisation to engage in gainful occupation may be denied in cases where, for security reasons or in compliance with national legislation, only nationals of the receiving State may be employed.
3. Should the dependant seek other employment after having been granted authorisation to engage in gainful occupation under this Agreement, the dependant shall re-apply for authorisation via the diplomatic mission.
4. Any employment contract entered into by the dependant shall contain a clause to the effect that the contract shall terminate upon the expiration of authorisation to engage in gainful occupation.
5. The authorisation to engage in gainful occupation in the receiving State shall automatically expire either if the person ceases to have the status of a dependant, or once the tenure of the member of a diplomatic mission or consular post on whom the person concerned is dependent has finished.
6. The authorisation granted to a dependant to engage in gainful occupation, in conformity with this Agreement, shall not give the person concerned the right to continue working or to reside in the receiving State once the tenure of the member of a diplomatic mission or consular post on whom the person concerned is dependent has finished.
Article 3
Procedures
1. A request for authorisation to engage in gainful occupation shall be submitted on behalf of the dependant by the diplomatic mission or consular post of the sending State to the protocol division of the ministry responsible for foreign affairs of the receiving State.
2. The subsequent procedures shall be carried out in a manner that will enable the dependant to engage in gainful occupation as soon as possible; any requirements relating to work permits and similar formalities shall be favourably applied.
Article 4
Civil and Administrative Privileges and Immunities
For dependants who engage in gainful occupation under this Agreement and have immunity from the jurisdiction of the receiving State in accordance with the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, immunity from civil and administrative jurisdiction with respect to all matters arising from such gainful occupation is hereby irrevocably waived by the sending State.
Article 5
Criminal Immunity
In the event that a dependant who has immunity from criminal jurisdiction in accordance with the Vienna Convention on Diplomatic Relations is accused of a criminal offence committed in relation to their gainful occupation, the sending State shall give serious consideration to any written request that may be submitted by the receiving State for waiving such immunity.
Article 6
Fiscal, Social Security and Exchange Control Regime
In accordance with the Vienna Convention on Diplomatic Relations and other applicable international instruments, the dependant shall be subject to the fiscal, social security and exchange control regimes of the receiving State for matters relating to their gainful occupation in that State.
Article 7
Settlement of Disputes
Any differences or disputes arising from the interpretation or application of the provisions of this Agreement shall be settled amicably through consultations or negotiations between the Contracting Parties.
Article 8
Amendment
This Agreement may be amended or revised, if deemed necessary, by mutual written consent of the Contracting Parties. Such amendments or revisions shall enter into force according to the provision of Article 9, paragraph 1, of this Agreement, and form an integral part of this Agreement.
Article 9
Final Clauses
1. This Agreement shall enter into force on the thirtieth day following the date of receipt of the second written notification sent through diplomatic channels by which the Contracting Parties notify each other that all internal legal procedures required for the entry into force of this Agreement have been fulfilled.
2. This Agreement shall be concluded for an indefinite period of time. Either Contracting Party may terminate it at any time by giving six months’ notice in writing to the other Contracting Party.
Done at Ljubljana on 24 April 2015 in two original copies in the English language.
For the Government
of the Republic of Slovenia Borut Mahnič (s) For the Government
of the Republic of India
Sarvajit Chakravarti (s)
S p o r a z u m
med Vlado Republike Slovenije in Vlado Republike Indije o opravljanju pridobitne dejavnosti vzdrževanih članov družine članov diplomatskih predstavništev in konzulatov
med Vlado Republike Slovenije in Vlado Republike Indije o opravljanju pridobitne dejavnosti vzdrževanih članov družine članov diplomatskih predstavništev in konzulatov
Vlada Republike Slovenije in Vlada Republike Indije (v nadaljnjem besedilu: pogodbenici) sta se
ob strinjanju, da se na podlagi vzajemnosti vzdrževanim družinskim članom akreditiranih uslužbencev države pošiljateljice, ki so napoteni v državo sprejemnico kot člani diplomatskega predstavništva ali konzulata, dovoli opravljanje pridobitne dejavnosti v državi sprejemnici,
dogovorili:
1. člen
Opredelitev pojmov
V tem sporazumu:
1.
"Član diplomatskega predstavništva ali konzulata" pomeni uslužbenca države pošiljateljice, ki ni državljan države sprejemnice in je napoten v državo sprejemnico na diplomatsko predstavništvo, konzulat ali predstavništvo pri mednarodni organizaciji.
2.
"Vzdrževani družinski člani" pomeni: