TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-1008 

________________________________________________________________________ 

EMPLOYMENT 

 Agreement between the 

UNITED STATES OF AMERICA 

and DEMOCRATIC REPUBLIC OF THE CONGO 

Effected by Exchange of Notes at 

 Kinshasa January 12, 2002 and 

 October 8, 2003 

 
 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.” 
DEMOCRATIC REPUBLIC OF THE CONGO 

Employment 

Agreement effected by exchange of notes at 

 Kinshasa January 12, 2002 and 

 October 8, 2003; 

 Entered into force October 8, 2003. 
U.S. Department of State

Office of Language Services

Translating Division

LS No. 12-2004-0007

ALKIJF

French

Democratic Republic of the Congo

Ministry of Foreign Affairs and International Cooperation

Office of the Minister

Kinshasa

No. 130/0038/CN/01

The Ministry of Foreign Affairs and International Cooperation of the Democratic

Republic of the Congo presents its compliments to the Embassy of the United States of America

at Kinshasa and has the honor to inform it that the Government of the Democratic Republic of

the Congo has now signed, to serve as a replacement forthe de facto reciprocity arrangement, the

United States-Congo bilateral agreement authorizing members of the families of Congolese

diplomats accredited in the United States of America and [of] American [diplomats] accredited

in the Democratic Republic of the Congo to engage in paid employment.

The Ministry requests that the Embassy of the United States in Kinshasa notify the

Department of State of this action.

In addition, the Ministry informs the Embassy that it has provided the Congolese

Embassy in Washington with instructions as to follow-up on this matter.

The Ministry of Foreign Affairs and International Cooperation of the Democratic

Republic of the Congo thanks the Embassy of the United States in Kinshasa for its assistance and

[complimentary close].

Done at Kinshasa on January 12, 2002

Embassy of the United States

Gombe, Kinshasa.
TEXT OF PROPOSED BILATERAL EMPLOYMENT AGREEMENT

THE MINISTRY OF FOREIGN AFFAIRS OF THE D.R.CONGO PRESENTS

ITS

COMPLIMENTS TO THE EMBASSY OF THE UNITED STATES AND HAS THE

HONOR TO PROPOSE THAT OUR GOVERNMENTS CONCLUDE A BILATERAL

410 WORK AGREEMENT FOR DEPENDENTS OF OFFICIALS SERVING IN OUR

RESPECTIVE COUNTRIES.

THE GOVERNMENT OF THE D,R. own 

PROPOSES TO THE

EMBASSY OF THE CINITED STATES THAT, ON A RECIPROCAL BASIS,

DEPENDENTS OF EMPLOYEES OF THE UNITED STATES GOVERNMENT

ASSIGNED TO OFFICIAL DUTY IN THE D.R. CONGQ AND

DEPENDENTS OF EMPLOYEES OF THE GOVERNMENT OF THE D.R.CONGO

ASSIGNED TO OFFICIAL DUTY IN THE UNITED STATES, BE

AUTHORIZED TO BE EMPLOYED IN THE RECEIVING COUNTRY.

FOR THE PURPOSE OF THIS AGREEMENT,

"DEPENDENTS" SHALL MEAN:
•

•

SPOUSES;

UNMARRIED DEPENDENT CHILDREN UNDER 21 YEARS

OF AGE;

UNMARRIED DEPENDENT CHILDREN UNDER 23 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.

FOR THE PURPOSES OF THIS AGREEMENT, IT IS

UNDERSTOOD THAT EMPLOYEES ASSIGNED TO OFFICIAL DUTY

MEANS DIPLOMATIC AGENTS, CONSULAR OFFICERS, AND

MEMBERS OF THE SUPPORT STAFFS ASSIGNED TO DIPLOMATIC

MISSIONS, CONSULAR OFFICES AND MISSIONS TO

INTERNATIONAL ORGANIZATIONS.
IN THE CASE OF DEPENDENTS WHO SEEK EMPLOYMENT IN

THE UNITED STATES, AN OFFICIAL REQUEST MUST BE MADE BY

THE EMBASSY OF THE D.R.CMGOIN WASHINGTON TO THE OFFICE OF

PROTOCOL IN THE DEPARTMENT OF STATE. UPON VERIFICATION

THAT THE PERSON IS A DEPENDENT OF AN OFFICIAL EMPLOYEE

OF THE GOVERNMENT OF THE D.R.CONGO , AND PROCESSING OF THE

OFFICIAL REQUEST, THE D.R.CONGO 

EMBASSY WILL BE INFORMED

BY THE GOVERNMENT OF THE UNITED STATES THAT THE DEPENDENT

MAY SEEK AND ACCEPT EMPLOYMENT.

IN THE CASE OF DEPENDENTS OF EMPLOYEES WHO SEEK

EMPLOYMENT IN THE D.R.CONGO , AN OFFICIAL REQUEST MUST BE

MADE BY THE UNITED STATES EMBASSY IN KINSHASA TO THE

D.R. CONGO MINISTRY OF FOREIGN AFFAIRS, WHICH, AFTER

VERIFICATION, SHALL THEN INFORM THE UNITED STATES

EMBASSY THAT THE DEPENDENT MAY SEEK AND ACCEPT EMPLOYMENT.

THE UNITED STATES GOVERNMENT AND THE GOVERNMENT OF
THEE D.R.C. CONFIRM THAT 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, ENJOY NO IMMUNITY

FROM CIVIL AND ADMINISTRATIVE JURISDICTION WITH RESPECT

TO MATTERS ARISING OUT OF SUCH EMPLOYMENT. 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. DEPENDENTS

CONTINUE TO ENJOY ALL OTHER PRIVILEGES AND IMMUNITIES TO

WHICH THEY ARE ENTITLED.

THE GOVERNMENT OF THE D.R. CONGO FURTHER PROPOSES

THAT,
MINISTRY 0 FOREIGN AFFAIRS

DEC 1 4 2f111

, (SIGNATURE AND DATE)

IF THESE PROVISIONS ARE ACCEPTABLE TO THE GOVERNMENT

OF THE UNITED STATES, THIS NOTE AND THE EMBASSY OF THE

UNITED STATES' REPLY CONCURRING THEREIN SHALL CONSTITUTE AN

AGREEMENT BETWEEN OUR TWO GOVERNMENTS WHICH SHALL ENTER

INTO

FORCE ON THE DATE OF THAT REPLY NOTE. THIS AGREEMENT

• SHALL REMAIN IN FORCE UNTIL NINETY DAYS AFTER THE DATE

OF THE WRITTEN NOTIFICATION FROM EITHER GOVERNMENT TO

THE OTHER OF INTENTION TO TERMINATE.

THE MINISTRY OF FOREIGN AFFAIRS OF THE D.R. CONGO

AVAILS ITSELF OF THIS OPPORTUNITY TO RENEW TO THE EMBASSY

OF

THE UNITED STATES THE ASSURANCES OF ITS HIGHEST

CONSIDERATION.
No. 03/171

The Embassy of the United States of America presents its

compliments to the Ministry of Foreign Affairs of the

Democratic Republic of Congo and has the honor to refer to

its Diplomatic Note no.130/0038/CN/01 whereby transmitting

the Bilateral Agreement with respect to the employment of

eligible family members of Congolese diplomats in post in

the United States and the eligible family members of U.S.

diplomats in post in the Democratic Republic of Congo, as

signed by the DRC Government on 14 December 2001.

The Embassy has the honor to inform the Ministry of Foreign

Affairs that it concurs with the Bilateral Agreement as

signed by the DRC Government and that it takes effect as of

the date of this reply marking the Embassy's concurrence in

the Agreement.

The Embassy of the Unites States of America wishes to take

the opportunity to thank the Ministry of Foreign Affairs

for its attention to this note and to renew to the Ministry

the assurance of its highest consideration.

The Embassy of the United States of America

Kinshasa, 10/08/2003
Republique Democratique du Congo

Ministere des Affaires Etrangeres et

de la Cooperation Internationale

Le Cabinet du Ministre Kinshasa, le

N° 130/003 g /CN/O 1

Le Ministêre des Affaires Etrangeres et de la Cooperation Internationale

de la Republique Democratique du Congo presente ses compliments a

l'Ambassade des Etats Unis a Kinshasa et a l'honneur de porter a sa

connaissance que le Gouvernement de la Republique Democratique du Congo

vient de signer 1' accord bilateral, en lieu et place du prince de la reciprocitó de

fait, qui accorde aux membres des families des diplomates congolais accredites

aux Etats-Unis d'Amerique et Americains accredites en Republique

Democratique du Congo d'exercer un emploi remunere.

Le Ministêre demande a l'Ambassade des Etats-Unis a Kinshasa de porter

cette decision a la connaissance du Departement d'Etat.

•

Le ministere informe en outre l'Ambassade que sa Representation

diplomatique a Washington a ete instruite de sa part pour le suivi du dossier.

Le Ministere des Affaires Etrangeres et de la Cooperation Internationale

de la Republique Democratique du Congo remercie l'Ambassade des Etats Unis

a Kinshasa de son aimable collaboration et saisit cette occasion pour lui

renouveler l'assurance de sa haute consideration3

Fait a Kinshasa, le

A L'AMBASSADE DES ETATS UNIS

A KINSHASA / GOMBE

12, Di /1// 200 2. 4