TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-1125

________________________________________________________________________

EMPLOYMENT

Agreement between the 

UNITED STATES OF AMERICA

and FIJI

Effected by Exchange of Notes at Suva 

 June 20 and November 25, 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.”
FIJI

Employment

Effected by exchange of notes at Suva

 June 20 and November 25, 2003;

 Entered into force November 25, 2003.
Note No43

The Embassy of the United States of America presents

its compliments to the Ministry of Foreign Affairs and

External Trade of the Government of the Republic of the

Fiji Islands and has the honor to propose that the

undersigned governments conclude a bilateral work agreement

for dependents of officials serving in our respective

countries.

The Embassy of the United States of America

proposes to the Government of the Republic of the Fiji

Islands that, on a reciprocal basis, dependents of

employees of the United States Government assigned to

official duty in the Republic of the Fiji Islands arid

dependents of employees of the Government of the Republic

of the Fiji Islands assigned to official duty in the United

States be authorized to be employed in the receivi:g

country.

DIPLOMATIC NOTE
-27

the purpose cf this agreement,

"dependents" shall mean:

sbouaes;

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.
-3-

In the case of dependents who seek employment in

the United States, an official request must be made by

the Embassy of the Republic of the Fiji Islands in

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 Republic of

the Fiji Islands, and processing of the official request,

the Republic of the Fiji Islands Embassy will be informed

by the Government of the United States that the dependent

may accept employment.

In the case of dependents of employees who seek

employment in the Republic of the Fiji Islands, an official

request must be made by the United States Embassy in the

Republic of the Fiji Islands to the Republic of the Fiji

Islands Ministry of Foreign Affairs, which, after

verification, shall then inform the United States

Embassy that the dependent may accept empioymEnt.

The United States Government and the Government of

the Republic of the Fiji Islands confirm that dependents
-4-

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 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 United States further proposes

that, if these provisions are acceptable to the Government

of the Republic of the Fiji Islands, this note and the

Government of the Republic of the Fiji Island's

reply concurring therein shall constitute an agreement

between our two governments which shall enter into

force on the date of that reply note. This aareement

shall remain in force until ninety days after the date
S

-5-

cf the wri La■ notification from either government to

the other of intention to terminate.

The Embassy of the United States of America avails

itself of this opportunity to renew to the Ministry of

Foreign Affairs and External Trade of the Government of the

Republic of the Fiji Islands the assurances of its highest

consideration.

Embassy of the United States of America

Suva, June 20, 2003.
FAX: 330 1741 MINISTRY OF FOREIGN AFFAIRS AND EXTERNAL TRADE

SUVAVOU HOUSE

LEVEL 8 & 9

P.O. BOX 2220, GOVERNMENT BUILDINGS,

SUVA, FIJI

Tel Nos.: POLITICAL & TREATIES : 33

ECONOMICS : 33

PROTOCOL : 33

ACCOUNTS : 33

ADMINISTRATION : 33

NOTE NO. 869/2003

The Ministry of Foreign Affairs and External Trade of the Government of the

Republic of the Fiji Islands presents its compliments to the Embassy of the

United States of America and has the honour to advise that the Fiji Governmen

is happy to conclude a bilateral work agreement for dependents of officials

serving in our respective countries as proposed by the Embassy of the United

States of America in its Diplomatic Note No. 43 of 20 June, 2003.

The Ministry of Foreign Affairs and External Trade accepts the proposal of the

Embassy of the United States of America that on a reciprocal basis, dependents

of the employees of the Government of the Republic of the Fiji Islands assigned

to official duty in the United States, and dependents of employees of the United

States Government assigned to official duty in the Republic of the Fiji Islands be

authorized to be employed in the receiving country.

For the purpose of this agreement, "dependent" shall mean :

o Spouses;

o Unmarried dependent children under 21 years of age;

o Unmarried dependent children under 23 years of age who are in

full time attendance as students at a post-secondary educational

institution; and

o 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 staff assigned to diplomatic missions, consular officers and missions to

international organizations.

In the case of dependents of employees who seek employment in the Republic o

the Fiji Islands, an official request must be made by the United States Embassy

in the Republic of the Fiji Islands to the Republic of the Fiji Islands Ministry o

Foreign Affairs and External Trade, which, after verification, shall then inform the

United States Embassy that the dependent may accept employment.
2.

In the case of dependents who seek employment in the United States, an officia

request must be made by the Embassy of the Republic of the Fiji Islands in

Washington to the Office of the Protocol in the Department of State.

In the case of the Permanent Mission of the Republic of the Fiji Islands in New

York any request for dependents who seek employment in the United States

must be channeled through the Embassy of the Republic of the Fiji Islands in

Washington to the Government Office of the Protocol in the Department of State.

Upon verification that the person is a dependent of an official employee of the

Government of the Republic of the Fiji Islands, and processing of the official

request, the Republic of the Fiji Islands Embassy, will be informed by the

Government of the United States that the dependent may accept employment.

The Government of the Republic of the Fiji Islands and the United States

Government 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

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 for 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 Republic of the Fiji Islands confirms that this Diplomatic

Note shall constitute an agreement between our two governments which shal

enter into force on the date of issue of this note. This agreement shall remain in

force in ninety days after the date of the written notification from either

government to the other of intention to terminate.

The Ministry of Foreign Affairs and External Trade of the Government of the

Republic of the Fiji Islands avails itself of this opportunity to renew to the

Embassy of the United States of America the assurances of its hig'-ies

consideration.

Embassy of the United States of America

31 Loftus Street

SUVA

25 November 2003