TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-424

________________________________________________________________________

EMPLOYMENT

Agreement Between the

UNITED STATES OF AMERICA

and MALAYSIA

Effected by Exchange of Notes at

Kuala Lumpur April 23 and 24, 2014 
 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.”
 MALAYSIA

 Employment

 

Agreement effected by exchange of notes at 

 Kuala Lumpur April 23 and 24, 2014; 

 Entered into force April 24, 2014.
CU 185/14

The Ministry of Foreign Affairs of Malaysia presents its compliments to the

Embassy of the United States of America and has the honour to propose that the

Government of Malaysia and the Government of the United States of America

conclude a bilateral work agreement for spouses of diplomatic agents and members

of the administrative and technical staff at diplomatic missions and spouses of

consular officers at consular posts assigned to official duties in the respective

countries.

The Ministry of Foreign Affairs of Malaysia proposes to the Government of the

United States of America that on a reciprocal basis, spouses of diplomatic agents

and members of the administrative and technical staff at a diplomatic mission, and

spouses of consular officers at a consular post be authorised to be employed in the

receiving State.

For purpose of this agreementthe terms "diplomatic agent" "member of the administrative and technical

staff," and "consular officer" shall have the meaning given them in the Vienna

Convention on Diplomatic Relations of April 18, 1961, and the Vienna Convention on

Consular Relations of April 24, 1963;

the term "spouse" shall mean the partner of a diplomatic agent, a member of

the administrative and technical staff, or a consular officer —

(a) Recognized as the husband or wife of that diplomatic agent, member of

the administrative and technical staff, or consular officer;

(b) Issued with a diplomatic visa; and

(c) Accredited by the receiving State as a dependent member of the

immediate family forming part of the household of that diplomatic agent,

member of the administrative and technical staff, or consular officer.

Employment authorisation shall be accorded to a spouse on the basis of his

or her accreditation as a spouse of a diplomatic agent or member of the

administrative and technical staff of a diplomatic mission, or a spouse of a consular

officer at a consular post. The request shall provide evidence that the individual is a

spouse of such an official.
Employment authorisation in Malaysia shall be confined and limited to

employment in the professional category and critical fields only as stated in the

Malaysia Standard Classification of Occupation (MASCO) 2013 or any subsequent

revision of it.

To obtain employment authorisation for the spouse of a U.S. official in

Malaysia, an official request shall be sent by the United States Embassy to the

Ministry of Foreign Affairs. Upon verification that the spouse qualifies for an

employment authorization under this Agreement, and processing of the official

request, the Ministry of Foreign Affairs shall inform the United States Embassy that

the spouse is authorised to be employed.

To obtain employment authorisation for the spouse of a Malaysian official in

the United States, an official request shall be sent by the Embassy of Malaysia to the

Office of Protocol in the Department of State. For a spouse of an official of

Malaysia's Mission to the United Nations seeking employment authorization, an

official request shall be sent by the Mission of Malaysia to the United Nations to the

United States Mission to the United Nations. Upon verification that the spouse

qualifies for employment authorisation under this Agreement, the Government of the

United States of America shall inform the Malaysian Embassy or Mission to the

United Nations that the spouse is authorised to be employed.

This agreement does not imply the recognition of academic qualification

between both countries as it shall be subjected to respective domestic laws and to

bilateral conventions in force.

The Government of Malaysia and the Government of the United States of

America shall not charge any fee in connection with the issuance of employment

authorisation identification.

The Government of Malaysia and the Government of the United States of

America confirm that even if spouses enjoy immunity from civil and administrative

jurisdiction in the receiving State, in accordance with the Vienna Convention on

Diplomatic Relations of April 18, 1961, the Vienna Convention on Consular Relations

of April 24, 1963, or any other instrument making the provision of these Conventions

applicable, such spouses enjoy neither civil nor administrative immunity in an action

relating to any professional or commercial activity, including employment authorised

pursuant to this Agreement. Moreover, the sending State shall consider waiving any

immunity a spouse enjoys from the criminal jurisdiction of the receiving State in

respect of any act or omission arising from employment authorized pursuant to this

Agreement.
To the extent consistent with other international agreements, a spouse who

engages in employment under this agreement shall be responsible for payment if

income and social security taxes on any remuneration received as a result of

employment in the receiving State.

The authorisation to engage in employment in the receiving state shall expire

from the date when the U.S. or Malaysian official ends his or her tour of duty to the

receiving State.

Any dispute or differences arising out of the interpretation, implementation or

application of any of the provisions of this agreement shall be settled amicably

through mutual consultation or negotiation between the parties through diplomatic

channels without reference to any third party or international tribunal.

The Ministry of Foreign Affairs, on behalf of the Government of Malaysia,

proposes that, if the foregoing provisions are acceptable to the Government of the

United States of America, this note and the Embassy of the United States' written

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 its intention to terminate.

The Ministry of Foreign Affairs of Malaysia avails itself of this opportunity to

renew to the Embassy of the United States of America the assurances of its highest

consideration.

EMBASSY OF THE UNITED STATES OF AMERICA

KUALA LUMPUR

"3-3 April 2014
Note No. 486

The Embassy of the United States of America presents its compliments to the Ministry of

Foreign Affairs of Malaysia and has the honor to acknowledge receipt of the Ministry's diplomatic

note CU 185/14, dated April 23, 2014, proposing that, on a reciprocal basis, spouses of diplomatic

agents and members of the administrative and technical staff at a diplomatic mission, and spouses of

consular officers at a consular post of our respective countries be authorized to be employed in the

other country. The Embassy has the further honor to inform the Ministry that the Government of the

United States of America agrees with the proposals set forth in the Ministry's note. Therefore, the

Ministry's note and this note in reply shall constitute an agreement between the two governments,

which shall enter into force on the date of this note, April 24, 2014.

The Embassy of the United States of America avails itself of this opportunity to renew

to the Ministry of Foreign Affairs of Malaysia the assurances of its highest consideration.

Embassy of the United States of America

Kuala Lumpur, April 24, 2014

DIPLOMATIC NOTE