Bilateral Work Agreements/De Facto Work Arrangements

Listing of bilateral work agreements and de facto work arrangements - alphabetical by country
Listing of bilateral work agreements and de facto work arrangements - alphabetical by country within region

Bilateral Work Agreements

Foreign Service spouses seeking employment on the local economy overseas, whether interested in international business, teaching at a local school, or freelancing, need to be aware of the work permit regulations in their host country. For spouses of USG employees assigned to a U.S. Mission overseas, working on the local economy presents opportunities, with associated challenges. One of the challenges is understanding the process for obtaining a work permit.

To increase opportunities for employment in foreign countries for spouses of USG employment assigned to an Embassy or Consulate overseas, bilateral work agreements are established through a formal exchange of diplomatic notes between the United States and an individual country. Such agreements help expedite the work permit process for our spouses in the host country. And because these agreements are reciprocal, spouses of diplomats from that country currently on assignment in the United States can obtain work permits for employment on American soil.

Reciprocity

Currently, 88 bilateral work agreements exist between the U.S. and foreign countries. The process of establishing a bilateral work agreement begins with some recommended text that both countries must agree upon. The text of each bilateral is negotiated, and therefore, no two are alike. Whatever the final language, both countries must abide by the text. In addition to requirements of the agreement, each country establishes a procedure for submitting an application for a work permit. The Administrative or HR Officer at post should be able to explain the process.

How do bilateral work agreements differ from country to country?

While the Family Liaison Office recommends standard language - text approved by the Department of State Office of Legal Affairs - each bilateral is unique. A bilateral might place restrictions on the type of work one of our spouses can perform in the host country. This is referred to as "restricted employment fields." A bilateral might limit the number of spouses who can apply for a work permit. A bilateral might specify age restrictions for dependents under the age of 21. Or a bilateral might require that the EFM have an offer of employment before applying for a work permit. For these reasons, it is important to understand the language of the bilateral agreement in the host country.

de facto Work Arrangements

In countries where bilateral work agreements do not exist, spouses may still be able to obtain work permits. If a host country issues a work permit to a spouse of a USG employee assigned to that Mission overseas, then the precedent is established and the country is added to the list of de facto work arrangements. Then, on the basis of reciprocity, established by precedent, diplomatic spouses of that host country may apply for work permits in the United States.

Further Information

In summary, the United States has bilateral work agreements with 88 countries and de facto arrangements with an additional 54. In the case of both formal bilateral agreements and de facto reciprocity, the following three conditions must be met:

1) That working spouses give up only civil and administrative immunity and only for actions arising out of such employment and none other. This is in accordance with the standards of the Vienna Convention on Diplomatic Relations.

2) The foreign state must afford official U.S. dependents a reasonable opportunity to seek employment on the local economy of that state.

3) The time for processing and approval of request to work must not exceed a reasonable limit, bearing in mind that dependents normally reside in a foreign state for only two to three years.

The Family Liaison Office monitors the success of bilateral agreements and the status of de facto work arrangements, as well as works with U.S. embassies that are in the process of negotiating new agreements.

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