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Exemption from Social Security Provisions

From: Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations (4th Edition)

Eileen Denza

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 27 March 2023

Diplomatic immunity — Diplomatic missions — Diplomatic relations — Right to social security

This chapter examines Article 33 of the Vienna Convention on Diplomatic Relations which deals with the exemption from social security provisions. The Article states that, subject to Article 33.3, a diplomatic agent shall exempt from social security provisions in the receiving State. This exemption shall also apply to private servants employed under the diplomatic agent, on condition: (a) that they are not nationals of or permanently resident in the receiving State; and (b) that they are covered by the social security provisions which may be in force in the sending State or a third State. In addition, the Article expresses that a diplomatic agent who employs persons to whom the exemption provided fordoes not apply shall observe social security obligations. Finally, the Article states that the exemption provided in Article 33.1 and 33.2 shall not preclude voluntary participation in the social security system of the receiving State provided that such participation is permitted by that State, and that this Article shall not affect bilateral or multilateral agreements concerning social security.

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