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State Department Resources
Understanding Bilateral Work Agreements
This article originally appeared in the May 2005 edition of FS Direct, published by the Family Liaison Office, U.S. Department of State.
REF: STATE 042853
As more family members seek employment in local economies overseas, the
bilateral work agreement becomes an important element in the family members'
employment search. The Director General emphasized the importance of monitoring
bilaterals in his recent ALDAC to Chiefs of Mission (reftel). Attached
are some frequently asked questions that we hope will help family members
understand their eligibilities and responsibilities with regard to work
agreements.
FAQs
Q. What does a bilateral mean for me as the spouse of a U.S. diplomat assigned overseas?
A. As the spouse of a diplomat you are accredited to the host government. By virtue of that status you can obtain work authorization identification from the host state that allows you to participate in the local workforce.
Q. What is the difference between a bilateral work agreement and a de facto work arrangement?
A. Under a bilateral agreement, diplomatic dependents, by virtue of their status, can obtain work authorization documents through the host country Ministry of Foreign Affairs so that they are free to seek employment and take whatever employment they may be offered. This is different from a de facto arrangement, in which we informally agree that if a foreign government allows one of our dependents to work, we will allow their dependents to work in the United States on a reciprocal basis. In the de facto scenario, work authorizations are only valid for the specific job for which the dependent has received an offer and invariably result in a significant delay between when the job offer is received and the dependent actually obtains authorization to being working.
Q. What are the privileges and immunities I keep hearing referred to? I understand that if I work in the local economy overseas I waive my civil and administrative immunities. What does that mean?
A. The Vienna Convention on Diplomatic Relations (VCDR), signed by 177 nations, is the agreement that governs diplomatic privileges and immunities (Ps&Is) in the context of dependent employment. Our model agreement simply states that the Ps&Is of working dependents are governed by the VCDR. The VCDR provides that dependents who work are subject to (i.e., not immune from) civil and administrative jurisdiction for an action relating to their work in the local economy. Dependents retain their full criminal immunity.
For a working dependent, this means there is no immunity for matters relating to/arising out of your job. There is no issue of a "waiver" because there is no immunity to waive. By the act of working, a dependent automatically loses the protection he/she otherwise had from civil and administrative jurisdiction, but ONLY for matters relating to work.
For example, like anyone else in that country without diplomatic status, a dependent can be subpoenaed to testify at a trial of a co-worker on work-related matters, charged with labor law violations, and order to restitute funds he/she is alleged to have taken. A working dependent will have to answer those legal summonses and will be accountable to local authorities. Similarly, he/she will have to pay income and social security taxes. However, even in relation to employment, a dependent cannot be charged with a crime, e.g. fraud, embezzlement, etc.
While some countries often believe that we need to negotiate Ps&Is in order to conclude a bilateral work agreement, it is our position that the VCDR is the conclusive and inclusive document in which we already decided these matters. The VCDR is considered customary international law and is applicable even to countries that are not signatories.
Q. I am a non-US citizen spouse of a FSO assigned overseas. Am I covered by the bilateral work agreement with the host country?
A. In general, bilateral employment agreements are not citizenship specific. The one exception is that citizens of the host country are subject to all laws of that country.
Q. I am a non-US citizen member of household and am joining my partner at her post of assignment. I've been told that the host government recognizes this relationship and that I can be issued an identification card accordingly. Does this mean that I will be covered by the bilateral?
A. No. The bilateral work agreement authorizes only the list of diplomatic dependents specified in the standard text, which tracks our accreditation standards and the relevant immigration law regulations. Dependents are (only) the following members of the household: 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.
Q. I am operating a home-based business out of my USG leased (or owned) quarters. I have notified post management of this business and have been told that as long as I am not providing a service or product to host country nationals that I will not require a work permit. Is this true?
A. Yes. As long as you limit the scope of your employment to the confines of the diplomatic community and do not conduct outreach to citizens of the host country, you will not require work authorization. You are, however, required to notify post management of this enterprise in order to ensure that it is not in conflict with US foreign policy or in violation of any host country or US laws.
Q. I am the spouse of a FSO. I am a British citizen and as such am eligible to be employed in the EU. If my FSO spouse is assigned to another EU country, how would this effect my coverage under an existing bilateral?
A. If you are employed to work in the EU, then you do not need to obtain employment authorization as the dependent of a diplomat. However, the rule on immunities (stated above) applies to you with equal force, i.e. no immunity from civil or administrative jurisdiction for matters relating to employment but you retain full criminal immunity.