Common use of COVERAGE PROVISIONS Clause in Contracts

COVERAGE PROVISIONS. Except as otherwise provided in this Article, a person who would otherwise be covered under the applicable laws of both Parties employed within the territory of one of the Parties shall, with respect to that employment, be subject to the applicable laws of only that Party, irrespective of the location of the person’s place of residence or domicile, or the employer's place of business. Where a person who is normally employed in the territory of one Party by an employer maintaining a place of business in that territory is sent by that employer to the territory of the other Party for a temporary period, the person shall be subject to the applicable laws of only the first Party as if the person were employed in the territory of the first Party, provided that the period of employment in the territory of the other Party is not to exceed five years. For purposes of applying this paragraph, an employer and an affiliated or subsidiary company of the employer (as defined under the laws of the Party from which the person was sent) shall be considered one and the same, provided that the employment in the territory of the other Party would have been covered under the applicable laws of the Party from which the person was sent. Paragraph 2 of this Article shall apply where a person who has been sent by his or her employer from the territory of a Party to the territory of a State that is not a Party is subsequently sent by that employer from the territory of that State to the territory of the other Party. For the purpose of paragraph 2, where a person is required to work in the territory of the other Party for intermittent periods of short duration, each such period shall be considered a separate period of work. (a) A person who is employed as an officer or member of a crew on a vessel which flies the flag of one Party and who would be covered under the applicable laws of both Parties, shall be subject to the applicable laws of only the Party whose flag the vessel flies. For purposes of the preceding sentence, a vessel which flies the flag of the United States is one defined as an American vessel under the applicable laws of the United States; a vessel which flies the flag of Mexico is one defined as a Mexican vessel under the laws of Mexico. (b) A person who is employed as an officer or member of a crew on an aircraft registered under the laws of either Party, who performs work in the territories of both Parties and who would otherwise be covered under the applicable laws of both Parties shall, with respect to that work, be subject to the applicable laws of only the Party in the territory of which the firm has its home office. However, if such a person resides in the territory of the other Party, he or she shall be subject to the applicable laws of only that Party. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or of the Vienna Convention on Consular Relations of April 24, 1963. The Agencies may agree to grant an exception to the provisions of this Article with respect to particular persons or categories of persons, provided that any affected person shall be subject to the applicable laws of one of the Parties.

COVERAGE PROVISIONS. Except as otherwise provided in this Article, a person who would otherwise be covered under the applicable laws of both Parties employed within the territory of one of the Parties Contracting States shall, with respect to that employment, be subject to the applicable laws of only that Party, irrespective of the location of the person’s place of residence or domicile, or the employer's place of businessContracting State. Click to read annotation Where a person worker who is normally employed in the territory of one Party Contracting State by an employer maintaining a place of business located in that territory is sent by that employer to the territory of the other Party Contracting State for a temporary period, the person worker shall be subject to the applicable laws of only the first Party Contracting State as if the person worker were employed in the territory of the first PartyContracting State, provided that the period of employment in the territory of the other Party Contracting State is not expected to exceed five years. For purposes Click to read annotation Paragraph 2 of applying this paragraph, Article shall also apply where an employer and in the territory of a Contracting State sends an employee to an affiliated or subsidiary company of the employer (as defined under the laws of the Party from which employer’s Contracting State), in the person was sent) territory of the other Contracting State. In this case, the employer and the affiliated company shall be considered one and the same, provided that the employment in the territory of the other Party would have been covered under the applicable laws of the Party employer's Contracting State in the absence of this Agreement. Click to read annotation An employee concluding a 5 (five) year exemption from which the person was senta Contracting State’s laws under paragraphs 2 or 3 of this Article may only qualify for an additional exemption upon completing a 6 (six) month absence from such Contracting State’s territory. Paragraph Click to read annotation Paragraphs 2 and 3 of this Article shall apply where a person who has been sent by his or her employer from the territory of a Party Contracting State to the territory of a third State, and who is compulsorily covered under the laws of that Contracting State that is not a Party while employed in the territory of the third State, is subsequently sent by that employer from the territory of that the third State to the territory of the other PartyContracting State. For the purpose of paragraph 2, where a Click to read annotation A self-employed person is required to work in who resides within the territory of the other Party for intermittent periods of short duration, each such period a Contracting State shall be considered subject to the laws of only that Contracting State. Click to read annotation Regarding workers in international air and maritime transportation, the following provisions shall apply: Click to read annotation a separate period of work. (a) A person who is employed as an officer or member of a crew on a vessel which flies the flag of one Party Contracting State and who would otherwise be covered under the applicable laws of both Parties, Contracting States shall be subject to the applicable laws of only the Party Contracting State whose flag the vessel flies. For purposes of the preceding sentence, a vessel which flies the flag of the United States is one defined as an American vessel under the applicable laws of the United States; a vessel which flies the flag and Click to read annotation traveling employees of Mexico is one defined as a Mexican vessel under the laws of Mexico. (b) A person air transportation companies who is employed as an officer or member of a crew on an aircraft registered under the laws of either Party, who performs perform work in the territories of both Parties Contracting States and who would otherwise be covered under the applicable laws of both Parties Contracting States shall, with respect to that work, be subject to the applicable laws of only the Party Contracting State in the territory of which the firm company has its home officeheadquarters. However, if such a person resides employees reside in the territory of the other PartyContracting State, he or she they shall be subject to the applicable laws of only that PartyContracting State. This Click to read annotation Regarding persons in the service of the Contracting States, the following provisions shall apply: Click to read annotation this Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or of the Vienna Convention on Consular Relations of April 24, 1963; and Click to read annotation nationals of one of the Contracting States who are employed by the Government of that Contracting State in the territory of the other Contracting State but who are not exempt from the laws of the other Contracting State by virtue of the Vienna Conventions mentioned in subparagraph (a) shall be subject to the laws of only the first Contracting State. For the purpose of this paragraph, employment by the United States Government includes employment by an instrumentality thereof. Click to read annotation The Agencies Competent Authorities of the two Contracting States may agree to grant an exception to the provisions of this Article with respect to particular persons or categories of persons, provided that any affected person shall be subject to the applicable laws of one of the Parties.Contracting States. Click to read annotation PART III Provisions on Benefits Click to read annotation

COVERAGE PROVISIONS. Click to read annotation This Part only applies, with respect to an employee, or the employer of that employee, where either or both of the following circumstances occur: without the application of this Part an employee or the employer of that employee would otherwise be covered by both the laws of Australia and the United States; the employee has been sent from the territory of the United States to the territory of Australia in accordance with paragraph 3 and, based upon documentation issued by the Agency of the United States, the employee and employer are subject to United States laws. Click to read annotation Except as otherwise provided in this Article, a person who would otherwise be covered under the applicable laws of both Parties employed within the territory of one of the Parties and the person's employer shall, with respect to that employment, be subject to the applicable laws of only that Party, irrespective of the location of the person’s place of residence or domicile, or the employer's place of business. Click to read annotation Where a person who is normally employed in the territory of one Party by an employer maintaining a place of business in that territory is sent by that employer to the territory of the other Party for a temporary period, the person and the person's employer shall be subject to the applicable laws of only the first Party as if the person employee were employed in the territory of the first Party, Party provided that the period of employment in the territory of the other Party is not expected to and does not exceed five 5 years. After 5 years, any further period of employment shall be subject to the laws of the other Party. Click to read annotation For the purposes of applying this paragraphparagraph 3 in the case of an employee who is sent from the territory of the United States by an employer in that territory to the territory of Australia, an that employer and an affiliated or subsidiary company of the employer (as defined under the laws of the Party from which the person was sentUnited States) shall be considered one and the same, provided that the employment in the territory of the other Party would have been covered under United States laws in the applicable laws absence of this Agreement. Click to read annotation For the purposes of applying paragraph 3 in the case of an employee who is sent from the territory of Australia by an employer in that territory to the territory of the Party from which United States, that employer and a related entity of the person was sentemployer shall be considered one and the same. An entity is a related entity of an employer if the entity and the employer are members of the same wholly or majority owned group. Click to read annotation Paragraph 2 of this Article 3 shall apply where a person who has been sent by his or her employer from the territory of a Party to the territory of a third State that is not a Party is subsequently sent by that employer from the territory of that the third State to the territory of the other Party. For the purpose of paragraph 2, where Click to read annotation Where a person who is required to work a resident of the United States works in the territory capacity of a self-employed person, the person shall be subject to the laws of only the United States. Click to read annotation Where a national of the United States who is a resident of Australia works in the capacity of a self-employed person, the person shall not be subject to the laws of the United States. Click to read annotation Where the same activity is considered to be self-employment under the laws of one Party and employment under the laws of the other Party for intermittent periods of short durationParty, each such period that activity shall be considered a separate period treated according to the provisions of work. (a) this Article concerning self-employment. Click to read annotation A person, or that person's employer, who would otherwise be covered under the laws of both Parties with respect to employment of that person who is employed as an officer or member of a crew on a vessel which flies the flag of one Party and who would be covered under the applicable laws of both Parties, shall be subject to the applicable laws of only the Party whose flag the vessel flies. For purposes of the preceding sentence, a vessel which flies the flag of the United States is one defined as an American vessel under the applicable laws of the United States; a vessel which flies the flag of Mexico is one defined as a Mexican vessel under the laws of Mexico. (b) A person who is employed as an officer ship or member of a crew on an aircraft registered under the laws of either Party, who performs work in the territories of both Parties and who would otherwise be covered under the applicable laws of both Parties shall, with respect to that workemployment, be subject only to the applicable laws of only the Party in the territory of which the firm has its home officethat person is a resident. However, if such a person resides in the territory of the other Party, he or she shall be subject Click to the applicable laws of only that Party. read annotation This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or of the Vienna Convention on Consular Relations of April 24, 1963. The Agencies may agree Click to grant read annotation If an exception employee: is subject to the provisions laws of one Party ("the first Party"); was sent, whether before, on or after the entry into force of this Agreement, by the Government of the first Party to work in the territory of the other Party ("the second Party"); is working in the territory of the second Party in the employment of the Government of the first Party; is not working permanently in the territory of the second Party; and is not exempt from the laws of the second Party by virtue of the conventions mentioned in paragraph 11; Click to read annotation the Government of the first Party and the employee shall be subject only to the laws of the first Party, and, if the spouse of the employee also meets the conditions specified in subparagraphs (iii)-(v), the spouse and the Government of the first Party shall be subject only to the laws of the first Party for that employment. For the purposes of this paragraph, "Government" includes, in relation to the United States, an instrumentality of the United States and, in relation to Australia, a political subdivision or local authority of Australia. Click to read annotation The Competent Authorities of the two Parties may for the purposes of this Article with respect by agreement in writing: extend the period of 5 years referred to in paragraph 3 for any employee; or provide that an employee is deemed to work in the territory of a particular persons Party or categories on a ship or aircraft in international traffic under the laws of persons, provided that any affected person shall be a particular Party and is subject only to the applicable laws of one that Party. Click to read annotation Any agreement made under paragraph 13 may apply to either or both of the Parties.following:

COVERAGE PROVISIONS. Except as Unless otherwise provided in Part III of this ArticleAgreement, a person who would otherwise be covered under the applicable laws of both Parties employed within the territory of one of the Parties shall, with respect to that employment, be subject to the applicable laws of only that Party, irrespective of the location of the person’s place of residence or domicile, or the employer's place of business. Where a person any nationality who is normally employed in the territory of one Party by either Contracting State shall be subject, with respect to employment in that territory, to the laws on compulsory coverage of the Contracting State where the person is employed and, in determining the amount of contributions payable under the laws of that Contracting State, no account shall be taken of any income the person may receive from employment in the territory of the other Contracting State. Click to read annotation Where a person of any nationality is in the service of an employer maintaining having a place of business in that the territory of a Contracting State and is sent by that employer to the territory of the other Party Contracting State for a temporary periodperiod not expected to exceed 5 years, the person shall be subject to the applicable laws on compulsory coverage of only the first Party Contracting State as if the person he or she were employed in the territory of the first Party, provided that the period of employment in the territory of the other Party is not to exceed five yearsits territory. For purposes of applying this paragraphparagraph in the case of an employee who is sent from the territory of the United States by an employer in that territory to the territory of Switzerland, an that employer and an affiliated or subsidiary company of the employer (as defined under the laws of the Party from which the person was sentUnited States) shall be considered one and the same, provided that the employment in the territory of the other Party would have been covered under the applicable United States laws of the Party from which the person was sentabsent this Agreement. Click to read annotation Paragraph 2 of this Article shall apply where a person who has been sent by his or her employer from the territory of a Party Contracting State to the territory of a third State, and who is compulsorily covered under the laws of that Contracting State that is not a Party while employed in the territory of the third State, is subsequently sent by that employer from the territory of that the third State to the territory of the other PartyContracting State. For the purpose Click to read annotation A person of paragraph 2, where a person any nationality who is required to work self-employed in the territory of the other Party for intermittent periods of short duration, each such period shall be considered a separate period of work. (a) A person one or both Contracting States and who is employed as an officer or member of a crew on a vessel which flies the flag resident of one Party and who would be covered under the applicable laws of both Parties, Contracting State shall be subject to the applicable laws on compulsory coverage of only the Party Contracting State in whose flag territory the vessel fliesperson resides. For purposes of Click to read annotation Where the preceding sentence, a vessel which flies the flag of the United States same activity is one defined as an American vessel under the applicable laws of the United States; a vessel which flies the flag of Mexico is one defined as a Mexican vessel considered to be self-employment under the laws of Mexico. (b) A person who is employed as an officer or member of a crew on an aircraft registered one Contracting State and employment under the laws of either Party, who performs work in the territories of both Parties and who would otherwise be covered under the applicable laws of both Parties shall, with respect to that work, be subject to the applicable laws of only the Party in the territory of which the firm has its home office. However, if such a person resides in the territory of the other PartyContracting State, he or she that activity shall be subject to the applicable laws of only the first Contracting State if the person is a resident of that Party. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18State, 1961, or of the Vienna Convention on Consular Relations of April 24, 1963. The Agencies may agree to grant an exception and to the provisions of this Article with respect to particular persons or categories of persons, provided that any affected person shall be subject to the applicable laws of one of only the Parties.other Contracting State in any other case. Click to read annotation

COVERAGE PROVISIONS. Click to read annotation Click to read annotation Click to read annotation 1. Except as otherwise provided in this Article, a person who would otherwise be covered under the applicable laws of both Parties employed within the territory of one of the Parties shall, with respect to that employment, be subject to the applicable laws of only that Party, irrespective of the location of the person’s place of residence or domicile, or the employer's place of business. 2. Where a person who is normally employed in the territory of one Party by an employer maintaining a place of business in that territory is sent by that employer to the territory of the other Party for a temporary period, the person shall be subject to the applicable laws of only the first Party as if the person were employed in the territory of the first Party, provided that the period of employment in the territory of the other Party is not expected to exceed five years. For purposes of applying this paragraphparagraph in the case of an employee who is sent from the territory of one Party by an employer in that territory to the territory of the other Party, an that employer and an affiliated or subsidiary company of the employer (as defined under the laws of the Party from which the person was sent) shall be considered one and the same, provided that the employment in the territory of the other Party would have been is covered under the applicable laws of the Party from which the person was sent. Click to read annotation 3. Paragraph 2 of this Article shall apply where a person who has been sent by his or her employer from the territory of a Party to the territory of a State third State, and who is compulsorily covered under the laws of that is not a Party while employed in the territory of the third State, is subsequently sent by that employer from the territory of that the third State to the territory of the other Party. For the purpose of paragraph 2, where a Click to read annotation 4. A self‐employed person is required to work in who resides within the territory of the other a Party for intermittent periods of short duration, each such period shall be considered a separate period of work. (a) A person who is employed as an officer or member of a crew on a vessel which flies the flag of one Party and who would be covered under the applicable laws of both Parties, shall be subject to the applicable laws of only that Party. Click to read annotation 5. Where the same activity is considered to be self employment under the laws of one Party and employment under the laws of the other Party, that activity shall be subject to the laws of only the first Party whose flag if the vessel flies. For purposes person resides in the territory of the preceding sentence, a vessel which flies the flag of the United States is one defined as an American vessel under the applicable laws of the United States; a vessel which flies the flag of Mexico is one defined as a Mexican vessel under that Party and to the laws of Mexicoonly the other Party in any other case. (b) A person 6. Traveling employees of an air transportation company who is employed as an officer or member of a crew on an aircraft registered under the laws of either Party, who performs perform work in the territories of both Parties and who would otherwise be covered under the applicable laws of both Parties shall, with respect to that work, be subject to the applicable laws of only the Party in the territory of which the firm company has its home officeheadquarters. However, if such a person resides employees reside in the territory of the other Party, he or she they shall be subject to the applicable laws of only that Party. 7. This The present Agreement shall does not affect the provisions regarding social security of the Vienna Convention on Diplomatic Relations of dated 18 April 18, 1961, or of 1961 and the Vienna Convention on Consular Relations dated 24 April 1963 8. Where a person employed in the government service of April 24one of the Parties is covered under the laws of both Parties in respect of that employment, 1963the following rules shall apply: 1﴿ a person employed in government service for a Party who is sent to work in the territory of the other Party shall, in respect of that employment, be subject only to the laws of the first Party, and 2﴿ except as provided in paragraph 7 and paragraph 8, subparagraph 1 of this Article, a person who resides in the territory of a Party and who is employed therein in government service for the other Party shall, in respect of that employment, be subject only to the laws of the other Party. 9. For the purpose of this Article, "government service" means employment by the government of a Party or by an instrumentality thereof. 10. The Agencies competent authorities of the two Parties, or institutions designated by them, may agree to grant an exception to the provisions of this Article with respect to particular persons or categories of persons, provided that any affected person shall be subject to the applicable laws of one of the Parties.

COVERAGE PROVISIONS. Except as otherwise provided in this Article, a person who would otherwise be covered under the applicable laws of both Parties employed or self-employed within the territory of one of the Parties Contracting States shall, with respect to that employment or self-employment, be subject to the applicable laws of only that Party, irrespective Contracting State. This shall also be applied if the place of business of the location employer is in the territory of the person’s place of residence or domicile, or the employer's place of businessother Contracting State. Click to read annotation Where a person who is normally employed in the territory of one Party Contracting State by an employer maintaining a place of business in that territory is sent by that employer to the territory of the other Party Contracting State for a temporary period, the person shall be subject to the applicable laws of only the first Party Contracting State as if the person were employed in the territory of the first PartyContracting State, provided that the period of employment in the territory of the other Party Contracting State is not expected to exceed five years. For purposes of applying this paragraphparagraph in the case of an employee who is sent from the territory of the United States by an employer in that territory to the territory of Hungary, an that employer and an affiliated or subsidiary company of the employer (as defined under the laws of the Party from which the person was sentUnited States) shall be considered one and the same, provided that the employment in the territory of the other Party would have been covered under the applicable United States laws of the Party from which the person was sentabsent this Agreement. Click to read annotation Paragraph 2 of this Article shall apply where a person who has been sent by his or her employer from the territory of a Party Contracting State to the territory of a third State, and who is compulsorily covered under the laws of that Contracting State that is not a Party while employed in the territory of the third State, is subsequently sent by that employer from the territory of the third State to work for that employer in the territory of the other Contracting State. Click to read annotation A person who is normally self-employed in the territory of one Contracting State and who temporarily transfers his or her self‑employment activity to the territory of the other Party. For Contracting State shall be subject to the purpose laws of paragraph 2only the first Contracting State, where a person is required to work provided that the period of self-employment activity in the territory of the other Party for intermittent periods of short duration, each such period shall be considered a separate period of work. (a) Contracting State is not expected to exceed five years. Click to read annotation A person who is employed as an officer or member of a crew on a vessel which flies the flag of one Party Contracting State and who would be covered under the applicable laws of both Parties, Contracting States shall be subject to the applicable laws of only the Party Contracting State whose flag the vessel flies. For purposes of the preceding sentence, a vessel which flies the flag of the United States is one defined as an American vessel under the applicable laws of the United States; a vessel which flies the flag . Click to read annotation Traveling employees of Mexico is one defined as a Mexican vessel under the laws of Mexico. (b) A person air transportation companies who is employed as an officer or member of a crew on an aircraft registered under the laws of either Party, who performs perform work in the territories of both Parties Contracting States and who would otherwise be covered under the applicable laws of both Parties Contracting States shall, with respect to that work, be subject to the applicable laws of only the Party Contracting State in the territory of which the firm company has its home officeheadquarters. However, if such a person resides employees reside in the territory of the other PartyContracting State, he or she they shall be subject to the applicable laws of only that PartyContracting State. Click to read annotation This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or of the Vienna Convention on Consular Relations of April 24, 1963. The Agencies Click to read annotation Nationals of one of the Contracting States who are employed by the Government of that Contracting State in the territory of the other Contracting State but who are not exempt from the laws of the other Contracting State by virtue of the Conventions mentioned in subparagraph (a) shall be subject to the laws of only the first Contracting State. For the purpose of this paragraph, employment by the United States Government includes employment by an instrumentality thereof. For the purpose of this paragraph, employment by the Hungarian Government includes the employment of civil servants, public employees and other persons treated as such, together with their family members and Hungarian citizens who are employed by Hungarian institutions in the territory of the United States. Click to read annotation At the request of an employee and his or her employer or a self‑employed person, the Competent Authorities of the two Contracting States or agencies designated by them may agree to grant an exception to the provisions of this Article Part with respect to particular persons or categories of persons, provided that any affected person shall be subject to the applicable laws of one of the Parties.Contracting States. Click to read annotation