TREATIES AND OTHER INTERNATIONAL ACTS SERIES 07-713 

________________________________________________________________________ 

EMPLOYMENT 

 Agreement Between the 

UNITED STATES OF AMERICA 

and KENYA 

Effected by Exchange of Notes at 

Nairobi July 9 and 13, 2007 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
KENYA 

Employment 

Agreement effected by exchange of notes at 

 Nairobi July 9 and 13, 2007; 

 Entered into force July 13, 2007. 
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When replying please quote Ref. Na and Sate

MINISTRY OF FOREIGN AFFAIRS

PHA 231/28A

Ref. No.

NAIROBI, KENYA

The Ministry of Foreign Affairs of the Republic of Kenya presents its

compliments to the Embassy of the United States of America and has

the honour to refer to the Embassy's note No. 656 of 21st May. 2007

concerning the revisea text of the draft Bilateral Work Agreement. The

Ministry has reviewed the revised text and propose the following revised

text;

The Government of the Republic of Kenya and the Government of the

United States of America being parties to the Vienna Convention on

Diplomatic Relations of 1961 and the Vienna Convention on Consular

Relations of 1963 have agreed that, on a reciprocal basis, dependants

of the employees of the Government of Kenya assigned to official duty

in any Kenya Mission in the United States and the dependants of the

employees of the United States Government assigned to official duty in

the United States Mission in Kenya, be authorized to be employed in

Kenya and the United States.

For the purposes of this agreement, it is understood that employees

shall be those assigned to official duty in Kenya and the United States

of America as diplomatic agents. consular officers and members of the

administrative and technical or service staff, based and accredited to

ciplomatic missions, consular offices and missions to the United Nations

in the respective countries.

For the purposes of this agreement, Dependants" shall mean:

• Spouses:

• Unmarried children under the age of 21;

Unmarried sons or daughters under the age of 23 who are in fulltime attendance as students at post-secondary educational

institutions: and

Unmarried sons or daughters who are physically or mentally

disabled and cannot adequately care for themselves.
In the case of dependants who seek employment in the Republic o

Kenya, an official request shall be mode by the United States Embass

in Kenya to the Ministry of Foreign Affairs of the Repubrtc of Kenya

which, after verification that the person is a dependant of an officia

employee of the Government of the United States, and promp

processing of the official request, shall inform the Embassy of the Unite

States of America that the dependant may accept employment.

in the case of dependants of embassy or consular employees who see

employment in the United Slates, an official request shall be made b

the Embassy of Kenya to the Office of Protocol in the Department o

State. For dependants of personnel at the Kenya Mission to the Unite

Notions, in New York, an official request shall be made to the Unite

States Mission to the United Nations, Upon verification that the person 

a dependant of an official employee of the Government of Kenya

and prompt processing of the official request, the Government of th

United States shall inform the Ernbossy or mission to the United Nation

that the dependant may accept employment.

The parties further agree that, this cgreement imposes no restrictions a

to the kind of employment a dependant may take up in the receivin

state.

The Government of the Republic of Kenya and the Government of th

United States of America confirm that dependants who obtai

employment under this agreement and who have immunity from th

jurisdiction of the receiving state in accordance with Article 31 of th

Vienna Convention on Diplomatic Relations. or Article 43 of the Vienn

Convention on Consular Relations or any other internationa

agreement, enjoy no immunity from civil and administrative jurisdictio

with respect to an action relating to any employment-related activit

Such dependants are also liable for payment of income and socia

security taxes on any remuneration received as a result of employme

in the receiving state.

he proposals contained herein ore acceptable to the Governme

of the United States of America, this text shall constitute on agreeme

between the Iwo governments which shall enter into force on the da

of the Government of United States of America's reply.
NAIROBI - 9TH JULY, 2007 

Embassy of the United States of America

NAIR* BI

This agreement shall remain in force for a period of five (5) years offer

which it shall be subject to review by both parties. The agreement may

be amended or extended by mutual written agreement of the parties.

The Ministry of Foreign Affairs of the Republic of Kenya avails itself of this

opportunity to renew to the Embassy of the United States of America

the assurance of its highest consideration.
No. 877

The Embassy of the United States of America presents

its compliments to the Ministry of Foreign Affairs of the

Republic of Kenya and has the honor to refer to the

Ministry's note verbale no. MFA 231/28A of 09 July, 2007,

relative to a proposed Bilateral Work Agreement. The

proposed agreement sets the terms and conditions for

dependents of diplomatic employees of both countries

assigned to diplomatic establishments in the United States

and Kenya to receive work permits, allowing such dependents

to accept employment in she receiving country.

The Embassy is pleased to inform the Ministry tha

after due consideration, the Government of the United

States finds the Ministry's draft text of the agreement

acceptable, and poses no objections to the text as phrased

in the Ministry's referenced note. As agreed to by both

sides in the text, acceptance of the Government of Kenya's

text by the Government of the United States thereby puts

the Bilateral Work Agreement into force with immediate

effect.

With respect to fees, the Government of the United

States confirms its strong preference that both countries

DIPLOMATIC NOTE
waive all fees or bonds connected with the issuance of work

permits to diplomatic dependents, such that work permits

would be delivered gratis by both countries. Should one

country choose to charge fees or bonds in this regard,

however, the other country, in the interest of reciprocity,

would have the right to attach similar fees or bonds in the

same amount to the issuance of work permits to diplomatic

dependents of the other country.

The Government of the United States of America

congratulates the Government of the Republic of Kenya on

the successful conclusion of this agreement, and thanks the

Ministry for its helpful cooperation in bringing this

effort to fruition. The Embassy looks forward to working

with the Ministry on implementation of this agreement to

the benefit of the diplomatic dependents of both countries.

The Embassy of the United States of America avails

itself of this opportunity to renew to the Ministry of

Foreign Affairs of the Republic of Kenya the assurance of

highest consideration.

The Embassy of the United States of America

rob?, July 13, 2007