The agreement does not affect any coverage exemptions provided under the Vienna Conventions.
Government employees not covered by the Vienna Conventions who are sent temporarily
to the other country are subject only to the laws of the sending country. There is
no time limit that defines temporary (i.e., any transfer that is not permanent is
temporary). Further, spouses that accompany the government worker to the other country
are also subject only to the laws of the sending country if they subsequently accept
employment with the government of the sending country.
EXAMPLE: James is an employee of the U.S. Government but not as a diplomatic or consular employee.
He is temporarily transferred to Australia. As a temporarily transferred government
employee, he is subject only to U.S. law under the agreement. He is accompanied by
his wife, Mary. After arrival in Australia, Mary accepts employment with the U.S.
Embassy in Australia. Under the agreement, Mary also is subject only to U.S. law.
NOTE: For purposes of applying this provision of the agreement, the term U.S. Government
employee includes employees of the Federal Government or any of its instrumentalities.