Note No. 45/2012

The Embassy of Switzerland in Armenia presents its compliments to the Ministry of Foreign Affairs of the Republic of Armenia and has the honour to propose the following:

Accompanying persons of members of diplomatic missions, consular posts and permanent missions to an international organization of one State officially accredited to the other or to an international organization established in the other, shall be authorized to undertake remunerated activity in the receiving State in conformity with the terms outlined below and on the basis of reciprocity. National legislation of the receiving State concerning the conditions for the performance of certain remunerated activities is reserved.

For present purposes, "members of diplomatic missions", "members of consular posts" and "members of permanent missions to an international organization" have the meaning within the Vienna Convention on Diplomatic Relations of April 18, 1961, the Vienna Convention on Consular Relations of April 24, 1963, or any other applicable international agreement.

"Accompanying persons" means (a) spouse; (b) any child under 25 years of age of the member of a diplomatic mission, consular post or permanent mission, if they have entered the receiving State as an officially authorized accompanying person under 21 years of age; or (c) any other accompanying family member of the member of a diplomatic mission, consular post or permanent mission to whom the receiving State, in conformity with its internal regulations in force, can accord authorization to take up a remunerated activity.

"Remunerated activity" means any dependent or independent activity which generates income, whether pursued full-time or part-time.

Ministry of Foreign Affairs of the Republic of Armenia

Yerevan

 In order for an accompanying person to be authorized to work in Armenia, the Embassy of Switzerland shall send a request to the Ministry of Foreign Affairs. Upon verification that the person in question falls within the categories defined above, the Ministry of Foreign Affairs shall inform the Embassy of Switzerland in writing within a maximum period of thirty (30) days that the accompanying person is authorized to undertake remunerated activity.

In order for an accompanying person to be authorized to work in Switzerland, the Swiss Ministry of Foreign Affairs, on request of the accompanying person, shall issue a document which attests that the person in question is not subject to foreign workers' quota. Upon presentation of an employment contract, an employment offer or a declaration stating the intention to start self-employment and specifying the latter, the accompanying person shall obtain a Ci permit from the competent cantonal authorities authorizing the commencement of a remunerated activity. The Ci permit shall be granted for an initial period of two years and will be extended provided the stipulated conditions are satisfied at the time of renewal.

Authorization to undertake remunerated activity shall terminate when (a) its beneficiary ceases to have the status of an accompanying person as defined above; (b) the performance of remunerated activity ceases and entitlements to unemployment benefits expire; (c) the assignment of the individual the beneficiary is accompanying, is terminated; or (d) its beneficiary ceases to reside in the receiving State as part of the household of the individual he or she is accompanying.

Accompanying persons who obtain remunerated activity under the terms outlined above and who have immunity from civil and administrative jurisdiction of the receiving State in accordance with the Vienna Convention on Diplomatic Relations of April 18, 1961, or any other applicable international agreement, do not enjoy such immunity in an action relating to such remunerated activity.

To the extent consistent with other international agreements, accompanying persons obtaining remunerated activity under the terms outlined above shall be required to pay income tax and social security deductions levied by the receiving State to any remuneration arising from such remunerated activity.

Disputes between the Governments concerning the interpretation or application of the above shall be settled through diplomatic channels.

If the foregoing is acceptable to the Ministry of Foreign Affairs, the Embassy has the honour to propose that this note together with the Ministry's reply to that effect shall constitute an Agreement between the two Governments, which shall enter into force on the date of receipt of the last notification by diplomatic channels on fulfilment of the internal procedures necessary for its entry into force, and shall remain in force until terminated by either Government on ninety (90) days notice in writing to the other.

The Embassy of Switzerland in Armenia avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Republic of Armenia the assurances of its highest consideration.

Yerevan, 04 September 2012.