PRACTICAL GUIDE FOR THE DIPLOMATIC CORPS ACCREDITED IN SPAIN

Transcription

1 PRACTICAL GUIDE FOR THE DIPLOMATIC CORPS ACCREDITED IN SPAIN MADRID, 2017 gobierno DE ESPAÑA MINISTERIO DE ASUNTOS EXTERIORES Y DE COOPERACIÓN

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4 PRACTICAL GUIDE FOR THE DIPLOMATIC CORPS ACCREDITED IN SPAIN MADRID,

5 6.ª Edición, julio 2017 MINISTERIO DE ASUNTOS EXTERIORES Y DE COOPERACIÓN SUBSECRETARÍA Secretaría General Técnica Vicesecretaría General Técnica Área de Documentación y Publicaciones N.I.P.O. publicación en papel: N.I.P.O. publicación en línea: Depósito Legal: M Imprenta de la Dirección General de Comunicación e Información Diplomática En esta publicación se ha utilizado papel reciclado libre de cloro de acuerdo con los criterios medioambientales de la contratación pública 4

6 TABLE OF CONTENTS Páginas INTRODUCTION HEADS OF MISSION Request for agrément Arrival in Madrid Notice of arrival Arrival and reception Transfer of the Head of Mission to the residence or hotel Presentation of Letters of Credence and submission of Required Copies Termination of functions Head of Mission accredited to the Ministry of Foreign Affairs and Cooperation STAFF MEMBERS OF THE MISSION Categories Diplomatic staff Administrative and technical staff Service staff Accreditation and documentation Accreditation visa Arrival. Notification to the Ministry of Foreign Affairs and Cooperation Types of passport Nationality of accredited staff Entry into and exit from Spain Accreditation documents

7 Páginas Dependent family members Work by spouses and dependent family members Chargé d affaires ad interim Appointment by the Head of Mission Appointment by the Ministry of Foreign Affairs of the sending State Absence of the Chargé d Affaires ad interim and appointment of another in lieu Termination of functions Chargé d Affaires ad interim of a Diplomatic Mission with multiple accreditation Defence attachés Termination of functions of diplomatic, administrative, technical and service staff Termination of functions of diplomatic staff Termination of functions of administrative and technical staff Termination of functions of service staff Facilities granted to accredited and documented staff members upon their arrival at Madrid- Barajas Adolfo Suárez airport Queries to the Deputy Directorate-General for Chancellery DIPLOMATIC CORPS. PRECEDENCE Diplomatic Corps Doyen of the Diplomatic Corps in Spain Diplomatic List Precedence of Heads of Mission Precedence of diplomatic staff CHANGE IN CATEGORY OF ACCREDITED STAFF

8 Páginas 5. HIRED STAFF Definition Hiring conditions Registration as a firm with the Social Security Administration, and affiliation and/or registration of employees Lawsuits at industrial tribunals (labour issues) PRIVATE SERVANTS / STAFF Definition Hiring / Accreditation Hiring Accreditation Termination of functions TAX PRIVILEGES Exemptions Formalities upon occupying post Goods imported with exemption by staff with diplomatic status VAT exemption/refund for Diplomatic Missions Direct exemption (VAT not included in price) Real estate properties Building work Procedure VAT refund (VAT included in the price) Goods for official use Office supplies Utilities and services Procedure VAT refund for diplomatic agents, career consular officers and staff members of International Agencies with diplomatic status

9 Páginas 7.4. VAT exemption in purchases in one EU member state for delivery to another Vehicles Maximum number of vehicles for official and private use Special number plates: Types Procedure Driving licences: Exchange Fuel Vehicle insurance PARKING SPACES In the city of Madrid At the Chancellery or International Agency headquarters, and at the Head of Mission s residence At the Consulates General located in Spain s capital city At Consular Posts not located in Spain s capital city At Madrid-Barajas Adolfo Suárez airport TRAFFIC REGULATIONS COMMUNICATIONS: DIPLOMATIC BAG; RADIO STATIONS Delivering and picking up diplomatic bags Checked-in diplomatic bags Diplomatic bags entrusted to the aircraft captain Accreditation of the diplomatic courier Installation of communications equipment: radio-electrical stations and satellite communication stations

10 Páginas 11. ACQUISITION OF LAND, PROPERTIES AND PREMISES TO BE ASSIGNED TO DIPLOMATIC MISSIONS AND CONSULAR POSTS Definition of these properties Prior authorization procedure Tax regime and exemptions OFFICIAL VIP LOUNGE Requests to make use of an Official VIP Lounge at a Spanish airport Foreign VIPs for whom the use of an Official VIP Lounge may be requested Terms of use of an Official VIP Lounge First arrival of Ambassadors or departure after termination of functions SECURITY General considerations Security at the premises of Embassies, Consular Posts and International Agencies and for the staff thereof Security for VIPs visiting or in transit FIREARMS LICENCES CONSULAR POSTS Establishment or modification of a Consular Post Categories and classes of Heads and staff members of Consular Posts Categories and classes of Heads of Consular Posts

11 Páginas Categories and classes of consular staff members Appointment of career Heads of Consular Posts Provisional acceptance Temporary exercise of functions Appointment of career consular staff members Types of passport Appointment of honorary Heads of Consular Posts Request for appointment Communicating the appointment and notifying the local authorities Provisional acceptance Temporary exercise of functions Appointment of honorary consular officers Incompatibilities regarding honorary consular staff HOLDING ELECTIONS / REFERENDUMS UPDATING CONTACT INFORMATION

12 INTRODUCTION Spain s Ministry of Foreign Affairs and Cooperation (MAEC) values most positively the increasing presence in Spain of new Diplomatic Missions and Consular Posts, as well as the growing number of International Agencies that establish their headquarters or open offices in our country. Thus, one of this Ministry s priorities is to assist them, as far as possible, both in their initial establishment and the arrival of their accredited staff and dependent family members, as well as in the exercise of the paramount mission they carry out in Spain. These duties are entrusted to MAEC s Directorate-General for the Introducer of Ambassadors, through its two attached Deputy Directorates-General: the Deputy Directorate-General for Official Visits and Trips, Ceremonials and Orders, and the Deputy Directorate-General for Chancellery. In line with this commitment, this Practical Guide for the Diplomatic Corps accredited in Spain is published regularly. The aim of this Guide, which is neither exhaustive nor legally binding, is to provide Embassies, Consulates and International Agencies with general guidance on a variety of matters that they need to address, both in their most frequent official activities and in the private sphere of their accredited staff and dependent family members. This Guide is, therefore, essentially practical and seeks to provide guidelines on the most appropriate way of complying with the administrative procedures that are to be conducted with this Ministry and with other Public Administrations, minimizing administrative burdens and informing of the specific benefits may be enjoyed while in Spain. 11

13 Its 17 chapters aim to answer the most frequently asked questions. Moreover, each of the chapters refers to Spanish practice or to the applicable regulations, and, when appropriate, to the relevant Ministry, in order to facilitate any ensuing formalities. This new edition includes updates on new legal provisions concerning areas such as labour relations, which affect the local hiring of staff and of domestic personnel (private servants/ staff); the registration of vehicles and the settlement of traffic offences; the use of Official VIP Lounges at airports; diplomatic security and private security; the establishment of a prior administrative procedure for the acquisition or lease of properties for official use, to guarantee compliance with municipal regulations in force on the matter, pursuant to a Collaboration Agreement between MAEC and the Madrid City Council; and the downloading of staff accreditation form from the MAEC website: EmbajadasExtranjerasAcreditadas.aspx This same link also leads to the updated List of Diplomatic and Consular Staff Accredited in Spain, and its order of precedence, in addition to this Practical Guide in Spanish, French and English. I also wish to note the convenience of the addresses viajesyvisitas@maec.es (of the Deputy Directorate-General for Official Visits and Trips, Ceremonial and Orders) and cancilleria@ maec.es (of the Deputy Directorate-General for Chancellery), to which Representations may address their queries on specific issues for which the two Deputy Directorates-General are responsible. Finally, I wish to reiterate the spirit of cooperation with Embassies, Consulates and International Agencies which guides the action of this Office of the Introducer of Ambassadors, both in relation with the matters addressed in this publication and with any other issue of interest submitted for consideration. Madrid, 2017 María Sáenz de Heredia Introducer of Ambassadors 12

14 EXPLANATORY NOTE The references in this publication to the different Ministries and other Public Administration bodies, as well as their organizational charts, are subject to change. The principal reference with regard to Spain s Public Administrations is the General Access website: 13

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16 1. HEADS OF MISSION 1.1. REQUEST FOR AGRÉMENT Spanish practice, in line with international tradition in this sphere, requires the corresponding Head of Mission to personally present to the Introducer of Ambassadors of the Ministry of Foreign Affairs and Cooperation a request for the necessary agrément to be granted by the Spanish Government for the new Ambassador proposed. This is in order to comply with traditional diplomatic practice, whereby great importance is attached to this procedure, as well as to its sensitive and confidential nature, since it involves the replacement of persons such as Ambassadors Extraordinary and Plenipotentiary, who enjoy the highest degree of trust from the Head of State they are appointed to represent. The request must be accompanied by a detailed curriculum vitae of the candidate for whom agrément is requested. Alternatively, pursuant to international practice, agrément for a Head of Mission to be accredited in Spain may be requested by the corresponding Ministry of Foreign Affairs from the Embassy of Spain in the capital city of the requesting State. Once agrément has been granted, this is officially communicated to the Head of Mission in Madrid of the sending State, if requested by the latter, who shall be summoned for this purpose by the Introducer of Ambassadors or by the Ambassador of Spain to the sending country, if the request was submitted through this channel. 1.2 ARRIVAL IN MADRID Notice of arrival The Ministry of Foreign Affairs and Cooperation shall be informed, by means of a Note Verbale, of the date and time of ar- 15

17 rival, means of transport and accompanying persons. In the same Note Verbale, a date shall be requested to submit the Required Copies of the Letters of Credence Arrival and reception If arrival in Madrid is: a) By air: The Head of Mission shall be received by a senior official of the Protocol Service of the Ministry of Foreign Affairs and Cooperation and by the Chargé d Affaires ad interim, who shall accompany him/her to the Official VIP Lounge at the airport. b) By train: The Head of Mission shall be received, upon descending from the train, in a similar manner to that described above. If Ambassadors arrive on a working day between 9.00 am and 7.00 pm, they shall be received as described above. If Ambassadors arrive outside these hours or on a Saturday, on a Sunday or on a public holiday, or if they arrive by car, a senior Protocol Official shall visit them, at the Embassy, on the first work day following arrival, to present compliments Transfer of the Head of Mission to the residence or hotel a) If the Head of Mission s residence is in Madrid, the Embassy shall provide the vehicles necessary for transfer. b) If the Head of Mission s residence is not in Madrid, Protocol Services shall arrange transport and may also make the relevant hotel reservations, if the Ambassador so requests, always at the Embassy s expense PRESENTATION OF LETTERS OF CREDENCE AND SUBMISSION OF REQUIRED COPIES (See information booklet titled Letters of Credence ) 16

18 1.4. TERMINATION OF FUNCTIONS Upon being officially informed of termination of functions and, in any case, one month prior to effective departure from the country, the Head of Mission may address the Office of the Introducer of Ambassadors, by means of a Note Verbale or Signed Note, to request farewell audiences with the Minister of Foreign Affairs and Cooperation and senior officials of this Ministry. The Head of Mission, before departure, must appoint, by Note Verbale or Signed Note addressed to the Office of the Introducer of Ambassadors, the diplomatic agent who shall remain in charge of the Mission as Chargé d Affaires ad interim until the successor arrives. Otherwise, the appointment of the Chargé d Affaires shall be effected by the Ministry of Foreign Affairs of the sending State as described in paragraph The Diplomatic Mission shall inform the Office of the Introducer of Ambassadors of the date of termination of functions of the Head of Mission, as well as the date, means of transport and time of departure, for a proper farewell. Upon leaving, and within a courtesy period not exceeding 90 days from the date of termination of functions, the Head of Mission shall return his/her ID or accreditation, together with those of his/her family members, to the Deputy Directorate- General for Chancellery of the Ministry of Foreign Affairs and Cooperation. Likewise, the documentation and diplomatic number plates of his/her vehicle(s) shall be returned, and their registration cancelled HEAD OF MISSION ACCREDITED TO THE MINISTRY OF FOREIGN AFFAIRS AND COOPERATION If the Head of Mission is a Chargé d Affaires accredited before the Minister of Foreign Affairs and Cooperation (Article 14c of the Vienna Convention on Diplomatic Relations of 18 April 1961), this Ministry shall be informed, as indicated in section 1.2.1, of 2 17

19 his/her arrival in Madrid, with the exception that the same Note Verbale informing of the date and time of arrival and of accompanying persons shall also include a request for a date and time for presentation of the Appointment Letters. 18

20 2. STAFF MEMBERS OF THE MISSION 2.1. CATEGORIES The Vienna Convention on Diplomatic Relations (VCDR) of 18 April 1961 defines, in Article 1c, the members of the staff of the Mission as the members of the diplomatic staff, of the administrative and technical staff and of the service staff of the Mission. In this regard, the content of Circular Note Verbale 55/7 of July 19, 2012 must be recalled. The privileges and immunities recognized in the VCDR are not granted to benefit persons, but to guarantee the effective performance of the duties of diplomatic missions. Thus, the above mentioned article 1 of the VCDR (sections e and f), establishes an explicit difference between the persons who perform diplomatic activities and the persons who perform administrative or technical tasks. Regarding this differentiation of functions, this Ministry of Foreign Affairs will take into consideration the provisions of article 11 of the VCDR, limiting the acceptance of the appointment of persons in a certain category, regardless of the type of passport with which they could be documented, when it deems that their function and number exceeds what is reasonable Diplomatic staff Diplomatic staff shall be understood as the staff members of the Mission having diplomatic status. 19

21 Administrative and technical staff Administrative and technical staff shall be understood as the staff members of the Mission employed in the Mission s administrative and technical services Service staff Service staff shall be understood as the staff members of the Mission employed in the domestic service of the Mission (Chancellery and Head of Mission s residence) ACCREDITATION AND DOCUMENTATION Accreditation visa Members of Missions of countries that have not signed an agreement waiving first-entry visas for accreditation purposes shall request the appropriate visa for themselves and their family members Arrival. Notification to the Ministry of Foreign Affairs and Cooperation Upon arrival of a new member of a Mission to Spain, the corresponding Embassy shall so inform the Deputy Directorate-General for Chancellery by sending: A Note Verbale for each member. In the event that dependent family members are accredited at the time of arrival of the staff member, the request for accreditation of the family members shall be made in the same Note Verbale. A duly completed accreditation form, pursuant to the provisions of Circular Notes Verbale 11/7 of 6 March 2014 and 1/7 of 23 April Said form is available at the MAEC website, at: exteriores.gob.es/portal/es/ministerio/protocolo/paginas/ EmbajadasExtranjerasAcreditadas.aspx 20

22 For the accreditation request to be processed, it is crucial that said form be properly sent to the MAEC Deputy Directorate- General for Chancellery. In other words, it must meet the following requirements: a) Be filled in using capital letters b) Include the relevant information in all the applicable sections c) Bear the signature and stamp of the Head of Mission Curriculum vitae (only for staff members with diplomatic status). Two recent colour photographs, passport-size, with a white background, the head uncovered, and not wearing dark glasses. Photocopy of the passport (see hereof), including the page where the visa appears, if applicable, and/ or the entry stamp into the Schengen area. In addition to Spain, the Schengen area currently includes the following: Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, the Slovak Republic, Slovenia, Sweden and Switzerland. Once the accreditation of the new staff member and, as the case may be, dependent family members, has been accepted, MAEC shall notify the relevant Embassy by means of a Note Verbale. This Note Verbale shall be accompanied by the ID document and accreditation of the staff member, and as the case may be, of dependent family members (see ) Types of passport Spanish practice requires the following types of passports for the staff of Diplomatic Missions accredited in Spain: a) Head of Mission and diplomatic staff: Diplomatic passport. 21

23 b) Administrative and technical staff: Diplomatic, official or service passport. c) Service staff: Official, service or ordinary passport Nationality of accredited staff Spanish practice requires that diplomatic, administrative and technical staff of the Mission must possess the nationality of the sending State and not be legal residents in Spain. Should the person concerned be permanently resident in Spain prior to his/her appointment, in order to be accepted and accredited by the Ministry of Foreign Affairs and Cooperation, s/he must make prior and express renunciation of the Spanish residence permit. Should s/he be a national of a country that requires an accreditation visa, both the staff member and his/her dependent family members must obtain said visa prior to acceptance, as well as the passport corresponding to their accreditation category. Service staff members of the Mission may possess the nationality either of the sending State or of a third State, but never that of the receiving State Entry into and exit from Spain Staff members of Diplomatic Missions shall only require a firstentry visa for accreditation purposes, except when a waiver agreement exists. Once the relevant ID card and accreditation have been issued, said staff members may enter and leave Spanish territory by simply showing this card, together with their passport, provided neither has expired Accreditation documents The Ministry of Foreign Affairs and Cooperation shall provide an ID card for all accredited staff and their dependent family members. 22

24 The format of this document has been in force since 2010, pursuant to Circular Note Verbale 14/7, of 15 June Dependent family members The Mission staff member requesting accreditation is entitled to request the accreditation of the following as dependent family members: a) Spouse or civil partner formally registered or recognized in the sending State. b) Children until the year they turn 18. c) Children over the age of 18 provided that there is appropriate documentation proving that they are economically dependent on the accredited staff member, and still live in the family home. d) Parents by birth or by marriage, provided that they live with and are economically dependent on the accredited staff member. In the event of accrediting the civil partner of a member of a Mission, Consular Post or International Agency, said civil partner must bear a passport of similar characteristics to that of the accredited staff member (diplomatic, service or official passport), which clearly indicates the relationship with the accredited staff member, using the expression civil partner or another similar expression. If the above is not possible, a certified document must be submitted, legalized by an official civil partnership registry in the accrediting State, in which the relationship is formally recognized. The current accreditation regime for children over the age of 18 has been in force since 1 January 2016, pursuant to the provisions of Circular Note Verbale 54/7, of 1 December Said Circular Note Verbale sets forth that an ID document shall be issued to children who have previously been accredited as dependent family members of a staff member, who turn 18 during their stay in Spain, continue living in the family home, and have a re- 23

25 lation of economic dependence on the staff member accredited before the Deputy Directorate-General for Chancellery. This new accreditation does not confer any of the privileges granted by the Vienna Convention on Diplomatic Relations (1961) or by the Vienna Convention on Consular Relations (1963), and grants no authorization whatsoever to engage in gainful activity or employment. If the person concerned wishes to engage in employment or professional activity, the above document must be returned immediately to this Ministry and the necessary work permit obtained, pursuant to Organic Law 4/2000, of 11 January, on the Rights and Freedoms of Aliens in Spain and Their Social Integration (Official State Gazette, or BOE, 12 January), which has been subsequently implemented, most recently by Organic Law 2/2009, of 11 December (BOE of 12 December). In the case of children over the age of 18 and under 23 accompanying the diplomatic agent when s/he is accredited in Spain, they shall be issued the same accreditation and ID document as children accredited before they turn 18 and reach this age before the termination of functions of the accredited staff member. The accreditation children over the age of 18 as dependent family members may be extended for a maximum of 5 years. When that extension period has finished, if the staff member on whom they are dependent is still accredited, they may request a residence permit pursuant to the above-mentioned Organic Law 4/2000 and any other laws on aliens in force Work by spouses and dependent family members Except in the case of citizens of countries belonging to the European Union, Spanish practice requires that international agreements be entered into, to regulate access to gainful activity by dependent family members of accredited staff. If there is no prior bilateral agreement or convention recognizing and establishing the terms and conditions to carry out gainful employment, no type of gainful employment whatsoever may be exercised. 24

26 If authorization were needed for the spouse of an accredited staff member to engage in professional activity, the Embassy of the sending State shall request this authorization from MAEC by means of a Note Verbale. This Note Verbale shall include information on the accredited staff member and his/her spouse, as well as on the company where said activity is to be performed, stating the sector in which that activity is included (e.g. teaching, consultancy, tourism) CHARGÉ D AFFAIRES AD INTERIM Appointment by the Head of Mission When, either temporarily or permanently due to the termination of functions, a Head of Mission must leave Spanish territory, s/he must appoint, prior to departure, a Chargé d Affaires ad interim who, in his/her absence, shall perform the functions of temporary Head of Mission. This appointment shall be notified to the Ministry of Foreign Affairs and Cooperation by means of a Note Verbale or Signed Note Appointment by the Ministry of Foreign Affairs of the sending State If, for any reason, the Head of Mission fails to appoint a Chargé d Affaires ad interim upon his/her, the Ministry of Foreign Affairs of the sending State shall make the appointment, by either of these two means: Telegram from the Minister of Foreign Affairs of the sending State addressed to his/her Spanish counterpart. Written notice served by the Ministry of Foreign Affairs of the sending State to the Embassy of Spain to that country Absence of the Chargé d Affaires ad interim and appointment of another in lieu In the event that the Chargé d Affaires ad interim must leave Spanish territory, another shall be appointed by the Ministry of 25

27 Foreign Affairs of the sending State, using the procedure described in the preceding section. In any case, the person appointed must belong to the diplomatic corps, either as a member of the Mission or sent specifically for this purpose Termination of functions The functions of the Chargé d Affaires ad interim shall cease: a) In the case of temporary absence of the Head of Mission, upon the latter s return, which shall be notified to the Ministry of Foreign Affairs and Cooperation by means of a Note Verbale. b) In the case of definitive absence, upon the arrival and presentation of the Required Copies of the Letters of Credence by the new Head of Mission Chargé d Affaires ad interim of a Diplomatic Mission with multiple accreditation A State with a Head of Mission accredited to Spain and to another State or States and who is not resident in Madrid may establish in the latter a Diplomatic Mission headed by a Chargé d Affaires ad interim DEFENCE ATTACHÉS Spanish practice requires the prior granting of approval by the Ministry of Foreign Affairs and Cooperation in order to appoint Defence, Military, Naval and Air Attachés of Diplomatic Missions accredited in Madrid. In order to request approval, the Mission concerned shall submit: A Note Verbale requesting approval. Curriculum vitae of the candidate. Once approval has been granted, the corresponding visa must be applied for at the relevant Spanish Diplomatic Mission or Consular Post in order to proceed with the accreditation (unless a visa waiver agreement is in place). 26

28 Once in Spain, the Defence, Military, Naval or Air Attaché s accreditation and documentation shall be similar to that of the other diplomatic staff of the Mission (see et seq.). Without prejudice to any visits that they may consider appropriate to pay to officials of the Ministry of Foreign Affairs and Cooperation, these Attachés must introduce themselves upon arrival to the Military Attaché Service of the Office of the Defence Chief of Staff TERMINATION OF FUNCTIONS OF DIPLOMATIC, ADMINISTRATIVE, TECHNICAL AND SERVICE STAFF Termination of functions of diplomatic staff The Diplomatic Mission shall notify by individualized Note Verbale the termination of functions of a staff member with diplomatic status (indicating date of effect) and shall return to the Deputy DirectorateGeneral for Chancellery the corresponding ID document and accreditation, as well as those of dependent family members. Likewise, following termination of functions the documentation and diplomatic number plates of his/her vehicle(s) shall be returned, and their registration cancelled. There shall be a courtesy period not exceeding 60 days from the date of termination of functions to return the documentation and, as the case may be, the number plates Termination of functions of administrative and technical staff The Diplomatic Mission shall notify by individualized Note Verbale the termination of functions of a staff member of this category (indicating date of effect), attaching the corresponding ID document and accreditation, as well as those of family members. Likewise, it shall return the documentation and number plates of his/her vehicle, registration of which must be cancelled, within a courtesy period not exceeding 60 days from the date of termination of functions. 27

29 Termination of functions of service staff The Diplomatic Mission shall notify by individualized Note Verbale the termination of functions of a staff member of this category (indicating date of effect), attaching the corresponding ID document and accreditation 2.6. FACILITIES GRANTED TO ACCREDITED AND DOCU- MENTED STAFF MEMBERS UPON THEIR ARRIVAL AT MADRID-BARAJAS ADOLFO SUÁREZ AIRPORT By means of Circular Note Verbale 24/7, of 1 December 2006, MAEC informed the accredited Diplomatic Missions and International Agencies with headquarters or offices in Spain of the adoption of a measure which greatly facilitates the entry into Spain, via Madrid-Barajas Adolfo Suárez Airport, of accredited staff members who have already been issued a diplomatic or consular ID card by this Ministry. The measure consists in permitting access to the passport control area of said Airport through the route indicated as being reserved for EU citizens, as a general rule and regardless of nationality. This facility has considerably streamlined entry formalities and provided accredited staff with greater ease in their foreign travel QUERIES TO THE DEPUTY DIRECTORATE-GENERAL FOR CHANCELLERY By means of Circular Note Verbale 21/7, of 17 May 2007, MAEC informed that the Deputy Directorate-General for Chancellery has implemented a fast track for queries from Diplomatic Missions and International Agencies, through a new address (cancilleria@maec.es) with the aim of improving the service provided to accredited staff and to reduce the considerable number of telephone queries received every day concerning accreditation, diplomatic exemptions, VAT refunds and exemptions, number plates and driving licences. 28

30 3. DIPLOMATIC CORPS. PRECEDENCE 3.1. DIPLOMATIC CORPS The Diplomatic Corps in Spain is composed of the Heads of Mission and officials with diplomatic rank accredited in Spain DOYEN OF THE DIPLOMATIC CORPS IN SPAIN The Doyen of the Diplomatic Corps in Spain is the Apostolic Nuncio of His Holiness The Pope accredited to His Majesty The King and as such, as well as representing the Diplomatic Corps accredited in Spain, he always occupies the highest position amongst the Heads of Mission DIPLOMATIC LIST The Ministry of Foreign Affairs and Cooperation regularly publishes an up-to-date List of the Diplomatic Corps accredited in Spain. For this purpose, each Mission or Organization shall convey, each year, to the Deputy Directorate-General for the Chancellery, by Note Verbale, a list of diplomatic staff in order of precedence (indicating marital status) and, if applicable (for Heads of Mission and Deputy Heads), their spouses forenames and surnames, as well as the relevant address, telephone numbers, fax, , website and opening hours. The duly updated list of accredited staff may be found on the website of the Ministry of Foreign Affairs and Cooperation, at the following link: 29

31 Paginas/EmbajadasExtranjerasAcreditadas.aspx Circular Notes Verbale 10/7, of 6 March 2014, and 40/7, of 14 September 2016, recalled the advisability of updating, in the event of changes, the information regarding addresses and telephone numbers of the residences of Head of Missions and of Deputy Heads of Mission, their mobile phone numbers and Missions 24/7 permanent contact numbers, even though this information will not be published PRECEDENCE OF HEADS OF MISSION The date and order of presentation of the Letters of Credence to His Majesty The King shall determine the order of precedence of the Heads of Mission. In turn, precedence in the order of presentation of the Letters of Credence shall be determined by the date and order of submission of the Required Copies to the Ministry of Foreign Affairs and Cooperation, without prejudice to the precedence recognized to the Heads of Mission resident in Spain PRECEDENCE OF DIPLOMATIC STAFF The Head of Mission shall inform of the order of precedence of the Mission s diplomatic staff, including on the accreditation form, in addition to the individual s rank and functions, the corresponding position on the Diplomatic List (precedence). 30

32 4. CHANGE IN CATEGORY OF ACCREDITED STAFF Spanish practice permits changes of rank or function, provided the category remains unchanged. For example, promotion from Second Secretary to First Secretary or change of functions of a Counsellor (from Political Affairs to Economic Affairs) within the category of diplomatic staff. The same consideration applies to the category of administrative and technical staff. However, Spanish practice does not accept changes between staff categories a Diplomatic Mission; for example, the appointment of administrative and technical staff as diplomatic staff. The same practice is observed in the consular sphere. 31

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34 5. HIRED STAFF 5.1. DEFINITION This category includes staff hired in Spain by Diplomatic Representations, Consular Posts and International Agencies to carry out administrative, technical or service duties. Therefore, these employees do not have the status of members of the staff of the Mission, pursuant to Article 1 of the Vienna Convention on Diplomatic Relations (see 2.1) HIRING CONDITIONS The labour laws and regulations applicable to relations between Missions and their locally hired staff are those applicable in the receiving State. The Mission or Agency is, thus, to be considered the employer for all purposes, without this implying any detriment whatsoever to the privileges and immunities to which the Representation is entitled as such. For information purposes and for the proper application of this legislation, the Ministry of Foreign Affairs and Cooperation recommends securing the advice of lawyers who specialize in Spanish labour law. For information purposes, the following basic requirements must be met when hiring this type of staff: They must be Spanish nationals or be legally resident in Spain. The hiring must be effected by means of the appropriate employment contract, preferably drawn up in Spanish, and in compliance with prevailing Spanish labour law. 3 33

35 Special importance is to be given to requirements involving the statutory minimum wage, maximum working hours, working week, annual holidays and leave, disciplinary regime and causes for termination of the employment contract. They must necessarily be affiliated and/or registered with the Social Security System. For this purpose, the Diplomatic Mission, Consular Post or International Agency must previously register as a firm and fulfil, with respect to these workers, the requirements established in this regard. The most noteworthy legal instruments on labour matters include: Royal Legislative Decree 2/2015, of 23 October, approving the consolidated text of the Workers Statute Act (Official State Gazette, or BOE, of 24 October). Act 43/2006, of 29 December, for better growth and jobs (BOE of 30 December). Act 35/2010, of 17 September, on urgent measures to reform the job market (BOE of 18 September). Royal Decree-Law 10/2011, of 26 August, on urgent measures to promote youth employment, encouraging job stability and the maintenance of the professional re-qualification programme for persons whose unemployment benefit comes to an end (BOE of 30 August). Act 3/2012, of 6 July, on urgent measures to reform the job market (BOE of 7 July). Royal Decree-Law 20/2012, of 13 July, on measures to guarantee budgetary stability and to encourage competition (BOE of 14 July). Royal Decree-Law 4/2013, of 22 February, on measures to support entrepreneurs and to stimulate growth and job creation (BOE of 23 February). The most noteworthy legal instruments on Social Security matters include: 34

36 Royal Legislative Decree 8/2015, of 30 October, approving the consolidated text of the General Social Security Act. Organic Law 4/2000, of 11 January, regulating the rights and freedoms of aliens in Spain and their social integration (BOE of 12 January, corrected on 24 January), and its amendment through Organic Law 2/2009. Act 40/2007, of 4 December, on Social Security measures (BOE of 5 December). Act 27/2011, of 1 August, on the updating, adaptation and modernization of the Social Security system (BOE of 2 August, corrected on 5 October). Act 36/2011, of 10 October, regulating industrial jurisdiction (BOE of 11 October). In any case, please consult the websites of the Ministry of Employment and Social Security ( and of the Spanish Public Administration ( which, in addition to details on the Ministry s organizational structure, addresses and phone numbers, also provide particularly useful information on the different formalities that need to be carried out in each case. The hiring of employees shall be notified to this Ministry by means of a Note Verbale, to which the following shall be attached: the corresponding form (see ), two recent passport-size colour photographs, a photocopy of the document evidencing compliance with Social Security obligations, and a photocopy of the Spanish National ID Card or residence permit in force. For its part, the Deputy Directorate-General for Chancellery shall take note of said hired staff and issue a card for them. Please note that said card shall not be an official identification document; Spanish citizens must possess a National ID Document and aliens permanently resident in Spain must possess the corresponding Residence Card (Circular Note Verbale 14/7, of 15 June 2010). 35

37 5.3. REGISTRATION OF THE MISSION OR INTERNATIONAL AGENCY AS A FIRM WITH THE SOCIAL SECURITY ADMINISTRATION AND AFFILIATION AND/OR REGISTRATION OF EMPLOYEES Registration is an administrative act by which the Social Security General Treasury assigns a firm a number to identify it and to verify compliance with its obligations in relation to the corresponding Social Security regime. Once registration as a firm has been formalized, Diplomatic Missions, Consular Posts and International Agencies located in Spain shall notify the corresponding Social Security General Treasury office (depending on the location of their headquarters) of the individuals hired, as well as of the dismissals and variations in the details of locally-hired employees, whether Spanish/EU citizens or third-country nationals who are legally resident and hold a work permit (see Circular Note Verbale 16/7, of 5 July 2010) when their labour relationship starts and when it ends, as well as maintaining their employees Social Security registrations current, paying the corresponding contributions in due time, until the labour relationship has finished. A Resolution of the State Secretariat for Social Security of 27 July 2006 established a new procedure enabling affiliation to the Social Security system for staff hired by Diplomatic Missions accredited in Spain. The main features of this procedure are the following: It is applicable to Diplomatic Missions and Consular Posts of countries with which there is no bilateral Social Security Agreement, which wish to include their hired staff in the Spanish Social Security system. This affiliation shall be made extensive to all non-civil servant staff of the Diplomatic Mission or Consular Post, regardless of their nationality, and shall be requested at the corresponding Provincial Directorates of the Social Security General Treasury or at the Administrations thereof. 36

38 The Diplomatic Mission or Consular Post shall be considered a firm, it shall be registered in the General Social Security regime, and shall have to provide without detriment to its privileges and immunities whatever collaboration is requested of it, as such, by Spanish authorities and institutions. Affiliation and registration shall enter into effect the first day of the month following the date of application, unless a later date is stated in the request. Persons working exclusively in the private service of members of Diplomatic Missions and Consular Posts are regulated as follows for Social Security purposes: If they have Spanish nationality, they are fully subject to the legal provisions of the Spanish Social Security system. If they have any other nationality, they may join the Spanish Social Security system at the request of their employer. For any other aspect not envisaged in the above-mentioned Resolution, the applicable legal provisions shall be those of the Spanish Social Security system, provided they are not contrary to the principles of the Vienna Conventions of 1961 (VCDR) and 1963 (VCCR). Please note that on 23 October 2015 the primary legal instrument for labour relations in Spain was approved, namely, Royal Legislative Decree 2/2015, which approved the consolidated text of the Workers Statute Act (BOE of 24 October 2015). It is advisable to consult the Ministry of Employment and Social Security s website which includes a section called Social Security with extensive information on the different formalities that are carried out within the Social Security system (including affiliation, registration, deregistration and changes, and special agreements), as well as details of the Social Security s administrative structure, addresses and contact phone numbers to help resolve any queries. 37

39 If the above formalities were to prove difficult, the Ministry of Foreign Affairs and Cooperation suggests procuring the services of a specialized administrative agency (gestoría), given that particularly important social security matters are involved LAWSUITS AT INDUSTRIAL TRIBUNALS (LABOUR ISSUES) By means of Circular Note Verbale 6/7, of 1 February 1990, the Ministry of Foreign Affairs and Cooperation informed the Diplomatic Missions accredited in Spain of the tendency of Spanish Courts of Law to affirm Spanish jurisdiction in labour matters (Supreme Court rulings of 10 February and 1 December 1986). The experience of the last few years has confirmed that noncompliance with labour or Social Security laws, with regard to locally hired employees, has resulted in the filing of a growing number of lawsuits, which have been admitted for consideration by industrial tribunals, and a substantial increase in cases where the Court has ruled against the defendant, and in which case noncompliance has led to enforcement proceedings. Therefore, and in order to prevent situations that may disrupt the normal functioning of Missions, to preserve their public image and to safeguard the legitimate interests of the individuals involved, the Ministry of Foreign Affairs and Cooperation offers the following recommendations to Diplomatic Missions, Consular Posts and International Agencies: Strict compliance with Spanish law in this field as in others, pursuant to the provisions of Article 41 of the Vienna Convention on Diplomatic Relations and of Article 55 of the Vienna Convention on Consular Relations. Formal appearance at proceedings, with legal representation by lawyers making use of appropriate means of defence before the Courts of Law, so that the Court may be made aware of and evaluate the defendant s point of view prior to handing down a ruling. In this sphere, the Ministry of 38

40 Foreign Affairs and Cooperation would not object to conveying to the Court involved, through diplomatic channels, the arguments deemed appropriate, provided an express request is made in this regard. Use of the appeals permitted by law. Voluntary compliance with final rulings, given that once an enforcement measure has been adopted it is extremely difficult to take the proceedings back to the time before the ruling was handed down. The aforementioned Circular Note Verbale 16/7, of 5 July 2010, reaffirms the importance of observing Spanish labour and Social Security law and the serious consequences that non-compliance therewith could involve. 39

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42 6. PRIVATE SERVANTS / STAFF 6.1. DEFINITION The Vienna Convention on Diplomatic Relations (VCDR) defines, in Article 1 (h), a private servant as a person who is in the domestic service of a member of the mission and who is not an employee of the sending State. Moreover, the Vienna Convention on Consular Relations (VCCR), in Article 1 (i), calls such a staff member a member of the private staff, defined as a person who is employed exclusively in the private service of a member of the consular post. Hence, private servants do not have the status of members of the staff of the Mission (Article 1.c of the VCDR), nor do members of the private staff have the status of members of the Consular Post (Article 1.g of the VCCR) HIRING / ACCREDITATION By means of Circular Note Verbale 26/7, of 8 April 2015, and Circular Note Verbale 5/7.2, of 15 February 2012, the Ministry of Foreign Affairs and Cooperation reminded Diplomatic Missions and International Agencies of the new legal provisions regulating private staff s special labour relation, as contained in Royal Decree 1620/2011, of 14 November (BOE No. 277, of 17 November 2012). It is important to take into account that there are two possible mechanisms for incorporating such staff: (1) hiring and, in special cases, (2) accreditation (an exceptional mechanism). 41

43 Hiring This is the usual mechanism for incorporating these workers into the private service of staff members with diplomatic status of Diplomatic Missions, Career Consular Posts and International Agencies. These are workers hired in Spain, either Spanish nationals or persons with any other nationality but who are legally resident in Spain Accreditation This is an exceptional mechanism for domestic servants accompanying a diplomatic agent newly posted to Spain. In accrediting private servants the Vienna Conventions (VCDR and VCCR) must be observed, and each and every one of the following requirements must be met: The employees to be accredited may be nationals of the diplomatic agent s sending State or of a third State. Prior to entering Spain, they must have obtained an accreditation visa, regardless of their nationality. The visa application must be formalized in a Note Verbale from the Foreign Ministry of the hiring diplomatic agent s State (i.e. not by the Embassy in Madrid or by the employee to be accredited as a private servant), which shall be accompanied by a labour commitment, signed by the hiring diplomatic agent and by the private servant to be accredited. A maximum of two employees per diplomatic agent are allowed. The hiring diplomatic agent must have been accredited in Spain in the previous six months. This accreditation option is not possible for subsequent replacements with employees coming to Spain and being accredited as personal servants of a diplomatic agent. 42

44 After the visa has been authorized and the accreditation formalized at this Ministry, the accreditation card shall be personally handed to the hired employee, who shall be instructed regarding his/her rights and obligations. This document shall be renewed every six months. The renewal application must be accompanied by proof of payment of Social Security contributions and a bank certificate proving that the agreed salary has been paid each month. Staff hired under the accreditation formula may not accrue the time of services rendered under this format for the purposes set forth in prevailing law on aliens. The exception set forth in Article 2 of Act 4/2000 and its subsequent revisions is applicable. Regardless of the mechanism used for engaging private staff in the service of a diplomatic agent (hiring in Spain/accreditation), the labour relationship shall be governed by prevailing Spanish labour law. At 1 February 2017, the main legal instruments include: Royal Decree 1620/2011, of 14 November, regulating the special labour relationship for domestic service. Workers Statute (Royal Legislative Decree 2/2015, of 23 October, approving the consolidated text of the Workers Statute Act, BOE of 24 October). Royal Decree-Law 29/2012, of 28 December, to improve the management and social protection of the Special System for Domestic Servants and other economic and social measures (BOE of 31 December), with changes in Social Security contribution rates and their distribution between employer and employee, as set forth in the General State Budget for the relevant year. As a general rule, please remember that these employees must be covered by the Spanish Social Security system, unless sufficient evidence is provided that a specific employee is protected by the Social Security system of the hiring diplomatic agent s accrediting State or of a third State, pursuant to the provisions of Article 33 43