International Atomic Energy Agency Information Circular (Unofficial electronic edition)

INFCIRC/15/Rev.1/Add.4 14 May 1999 GENERAL Distr. Original: ENGLISH

1. The text of an Exchange of Letters, dated 8 January 1999 and 27 January 1999 respectively, between the Ministry of Foreign Affairs of Austria and the IAEA, constituting a supplementary agreement to the Agreement between the Republic of Austria and the International Atomic Energy Agency regarding the Headquarters of the International Atomic Energy Agency, is reproduced in this document for the information of all Members of the Agency.

2. The aforementioned Agreement entered into force on 8 February 1999.

His Excellency
Mohamed Elbaradei
Director General
International Atomic Energy Agency
Wagramerstrasse 5
P.O. Box 100
1400 Vienna

8 January 1999
No. 3005.31/0015e-I.2/98

Dear Sir,

Referring to Section 49 lit.c of the agreement between the Republic of Austria and the International Atomic Energy Agency regarding the Headquarters of the International Atomic Energy Agency, signed in Vienna on 11 December 1957, I have the honour to propose the following:

In addition to the privileges and immunities granted to the International Atomic Energy Agency, spouses and dependent relatives of officials of the International Atomic Energy Agency shall have access to the labour market in accordance with Austrian law, but on a preferential basis in accordance with the procedures outlined in the annex attached to this letter. Insofar as such persons engage in gainful occupation, privileges and immunities shall not apply to such occupation.

I propose that this letter and your affirmative letter shall constitute a supplementary agreement to the agreement between the Republic of Austria and the International Atomic Energy Agency regarding the Headquarters of the International Atomic Energy Agency, which will enter into force on the tenth day after the receipt of your affirmative letter.

Accept, Sir, the assurances of my high consideration,

	Sincerely Yours,
	(signed) H.E. Benita Ferrero-Waldner State Secretary Federal Ministry for Foreign Affairs

Enclosure

1. Spouses of the Officials of the International Atomic Energy Agency and their children under the age of 21, provided they came to Austria for the purpose of family reunion and forming part of the same household with the principal holder of the identity card issued according to Section 41 (b) of the Agreement between the Republic Austria and the International Atomic Energy Agency regarding the Headquarters of the International Atomic Energy Agency, shall have preferential access to the labour market. These family members are hereinafter called beneficiaries.

2. Upon application, the above-mentioned beneficiaries will be issued, by the Federal Ministry for Foreign Affairs, a certificate confirming their preferential status under this agreement. The issuing of such certificate shall not be conditional on a specific offer of employment. It shall be valid for the entire Austrian territory and its validity shall expire upon expiration of the identity card.

3. The prospective employer of the beneficiary will be granted an employment permit ("Beschäftigungsbewilligung") upon application, provided that the employment is not sought in a sector of the labour market or a region with grave employment problems, as determined by the Austrian Public Employment Service ("Arbeitsmarktservice"). The employment permit will be granted even if the legally fixed maximum number for employment of foreign labour ("Bundeshöchstzahl") has been exceeded.

4. The employment permit shall be issued by the regional office of the Austrian Public Employment Service ("Arbeitsmarktservice") competent for the area in which employment is taken up; in the case of employment which is not confined to a specific location, the competence of the regional office shall be determined by the business seat of the employer.

5. Children who came to Austria before the age of 21 for the purpose of family unification and who wish to take up employment after the completion of their twenty-first year of age shall be considered as beneficiaries if the principal holder of the identity card provided for their livelihood before they reached the age of 21 up to the moment in which they took up employment. For all other dependent relatives the normal regulations for access of foreigners to employment in Austria shall apply.

6. The above rules concerning employment shall not apply to self-employed activities. In such cases, the beneficiaries shall comply with the necessary legal requirements for the exercise of such business activities.

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   Letter to the Federal Ministry of Foreign Affairs of the Republic of Austria

   N5.21, N5.25

   1999-01-27

   Mrs. State Secretary,

   I have the honour to refer to your letter No. 3005.31/0015e-I.2/98 of 8 January 1999 which reads:

   "Dear Sir,

   Referring to Section 49 lit.c of the agreement between the Republic of Austria and the International Atomic Energy Agency regarding the Headquarters of the International Atomic Energy Agency, signed in Vienna on 11 December 1957, I have the honour to propose the following:

   In addition to the privileges and immunities granted to the International Atomic Energy Agency, spouses and dependent relatives of officials of the International Atomic Energy Agency shall have access to the labour market in accordance with Austrian law, but on a preferential basis in accordance with the procedures outlined in the annex attached to this letter. Insofar as such persons engage in gainful occupation, privileges and immunities shall not apply to such occupation.

   I propose that this letter and your affirmative letter shall constitute a supplementary agreement to the agreement between the Republic of Austria and the International Atomic Energy Agency regarding the Headquarters of the International Atomic Energy Agency, which will enter into force on the tenth day after the receipt of your affirmative letter."

   I have the honour to confirm the above-mentioned proposal is acceptable to the International Atomic Energy Agency and that your letter and this reply shall constitute a supplementary agreement between the Republic of Austria and the International Atomic Energy Agency regarding the Headquarters of the International Atomic Energy Agency.

   Accept, Madam, the assurances of my highest consideration.

   (signed) Mohamed ElBaradei Director General

   Her Excellency
   Mrs. Benita Ferrero-Waldner
   State Secretary
   Federal Ministry of Foreign Affairs
   Ballhausplatz 2
   1014 Vienna

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