TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13030 

________________________________________________________________________ 

EMPLOYMENT 

 Agreement Between the 

UNITED STATES OF AMERICA 

and MALAWI 

Effected by Exchange of Notes 

Dated at Washington October 29, 1998 

and April 16, 1999 

 

 
 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.” 
 MALAWI 

 Employment 

Agreement effected by exchange of notes 

Dated at Washington October 29, 1998 and April 16, 1999; 

Entered into force April 16, 1999. 
NOTE NO. 103/98

The Embassy of the Republic of Malawi presents its compliments to the

Department of State and has the honour to propose that, on a reciprocal basis, dependents

of employees of the Malawi Government assigned to official duty in the United States of

America and dependents of employees of the United States Government assigned to

official duty in Malawi be authorized to be employed in the receiving state.

For the purposes 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.
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For the purposes of this agreement, official employees shall mean diplomatic

agents, consular officers, and members of support staffs, assigned to diplomatic missions,

consular offices and missions to international organizations.

In the case of dependents who seek employment in Malawi the request shall be

made by the United States Embassy in Lilongwe to the Ministry of Foreign Affairs. After

the processing of the official request, the United States Embassy will be informed that the

dependent may accept employment.

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

official request must be made by the Embassy of the Republic of Malawi, Washington to

the Office of Protocol in the Department of State. After the processing of the official

request, the Malawi Embassy will be informed that the dependent may accept

employment.

The Malawi Government and the United States Government wish to confirm their

understanding that dependents who obtain employment under this agreement and who

have immunity from the jurisdiction of the receiving state in accordance with the Vienna

Convention on Diplomatic Relations or the Conventions on the Privileges and

Immunities of the United Nations, or any other applicable international agreement, have

no immunity from civil or administrative jurisdiction with respect to matters arising out

of such employment. Such dependents are also responsible for payment of income and
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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 Embassy of the Republic of Malawi further proposes that, if these provisions

are acceptable to the Government of the United States, this Note and the Government of

the United States' reply concurring therein shall constitute an agreement between the two

Governments which shall enter into force on the date of that reply Note and 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 Embassy of the Republic of Malawi avails itself of this opportunity to renew

to the Department of State the assurances of its highest consideration.

WASHINGTON, D.C.

OCTOBER 29th, 1998
The Department of State refers the Embassy of the

Republic of Malawi to the Embassy's diplomatic note Number

103/98 dated October 29, 1998, proposing a reciprocal

bilateral work agreement for employment of family members

of official Embassy employees. The Department of State

confirms that the referenced note together with this reply

constitutes an agreement which shall enter into force on

April 16, 1999, and 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.

Department of State,

Washington, April 16, 1999.