Common use of COVERAGE PROVISIONS Clause in Contracts

COVERAGE PROVISIONS. Except as otherwise provided in this Article, a person employed within the territory of one of the Contracting States shall, with respect to that employment, be subject to the laws of only that Contracting State. Click to read annotation Where a worker who is normally employed in the territory of one Contracting State by an employer located in that territory is sent by that employer to the territory of the other Contracting State for a temporary period, the worker shall be subject to the laws of only the first Contracting State as if the worker were employed in the territory of the first Contracting State, provided that the period of employment in the territory of the other Contracting State is not expected to exceed five years. Click to read annotation Paragraph 2 of this Article shall also apply where an employer in the territory of a Contracting State sends an employee to an affiliated company (as defined under the laws of the employer’s Contracting State), in the 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 would have been covered under the laws of the employer's Contracting State in the absence of this Agreement. Click to read annotation An employee concluding a 5 (five) year exemption from a 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. 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 Contracting State to the territory of a third State, and who is compulsorily covered under the laws of that Contracting State while employed in the territory of the third State, is subsequently sent by that employer from the territory of the third State to the territory of the other Contracting State. Click to read annotation A self-employed person who resides within the territory of a Contracting State shall be 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 person who is employed as an officer or member of a crew on a vessel which flies the flag of one Contracting State and who would otherwise be covered under the laws of both Contracting States shall be subject to the laws of only the 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 laws of the United States; and Click to read annotation traveling employees of air transportation companies who perform work in the territories of both Contracting States and who would otherwise be covered under the laws of both Contracting States shall, with respect to that work, be subject to the laws of only the Contracting State in the territory of which the company has its headquarters. However, if such employees reside in the territory of the other Contracting State, they shall be subject to the laws of only that Contracting State. 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 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 laws of one of the Contracting States. Click to read annotation

COVERAGE PROVISIONS. Except as Unless otherwise provided in Part III of this ArticleAgreement, a person of any nationality who is employed within in the territory of one of the either Contracting States shallState shall be subject, with respect to employment in that employmentterritory, be subject to the laws on compulsory coverage of only 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 worker who person of any nationality is normally employed in the service of an employer having a place of business in the territory of one a Contracting State by an employer located in that territory and is sent by that employer to the territory of the other Contracting State for a temporary periodperiod not expected to exceed 5 years, the worker person shall be subject to the laws on compulsory coverage of only the first Contracting State as if the worker he or she were employed in its territory. For purposes of applying this paragraph in the case of an employee who is sent from the territory of the first Contracting State, provided United States by an employer in that the period of employment in territory to the territory of the other Contracting State is not expected to exceed five years. Click to read annotation Paragraph 2 of this Article shall also apply where an Switzerland, that employer in the territory of a Contracting State sends an employee to and an affiliated company of the employer (as defined under the laws of the employer’s Contracting State), in the territory of the other Contracting State. In this case, the employer and the affiliated company United States) shall be considered one and the same, provided that the employment would have been covered under the United States laws of the employer's Contracting State in the absence of absent this Agreement. Click to read annotation An employee concluding a 5 (five) year exemption from a Contracting State’s laws under paragraphs Paragraph 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. 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 Contracting State to the territory of a third State, and who is compulsorily covered under the laws of that Contracting State while employed in the territory of the third State, is subsequently sent by that employer from the territory of the third State to the territory of the other Contracting State. Click to read annotation A person of any nationality who is self-employed person who resides within in the territory of one or both Contracting States and who is a resident of one Contracting State shall be 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 person who is employed as an officer or member of a crew on a vessel which flies the flag of one Contracting State and who would otherwise be covered under the laws of both Contracting States shall be subject to the laws of only the 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 laws of the United States; and Click to read annotation traveling employees of air transportation companies who perform work in the territories of both Contracting States and who would otherwise be covered under the laws of both Contracting States shall, with respect to that work, be subject to the laws compulsory coverage of only the Contracting State in whose territory the territory person resides. Click to read annotation Where the same activity is considered to be self-employment under the laws of which one Contracting State and employment under the company has its headquarters. However, if such employees reside in the territory laws of the other Contracting State, they shall be subject to the laws of only that Contracting State. 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) activity shall be subject to the laws of only the first Contracting State if the person is a resident of that State. For the purpose of this paragraph, employment by the United States Government includes employment by an instrumentality thereof. Click to read annotation The 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 and to the laws of one of only the other Contracting StatesState in any other case. 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 employed within the territory of one of the Contracting States Parties and the person's employer shall, with respect to that employment, be subject to the laws of only that Contracting StateParty. Click to read annotation Where a worker person who is normally employed in the territory of one Contracting State Party by an employer located in that territory is sent by that employer to the territory of the other Contracting State Party for a temporary period, the worker person and the person's employer shall be subject to the laws of only the first Contracting State Party as if the worker employee were employed in the territory of the first Contracting State, Party provided that the period of employment in the territory of the other Contracting State 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 Paragraph 2 For the purposes of this Article shall also apply where applying paragraph 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 a Contracting State sends an employee to Australia, that employer and an affiliated company of the employer (as defined under the laws of the employer’s Contracting State), in the territory of the other Contracting State. In this case, the employer and the affiliated company United States) shall be considered one and the same, provided that the employment would have been covered under the United States laws of the employer's Contracting State in the 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 United States, that employer and a related entity of the employer shall be considered one and the same. An employee concluding entity is a 5 (five) year exemption from a Contracting State’s laws under paragraphs 2 related entity of an employer if the entity and the employer are members of the same wholly or 3 of this Article may only qualify for an additional exemption upon completing a 6 (six) month absence from such Contracting State’s territorymajority owned group. Click to read annotation Paragraphs 2 and Paragraph 3 of this Article shall apply where a person who has been sent by his or her employer from the territory of a Contracting State Party to the territory of a third State, and who is compulsorily covered under the laws of that Contracting State while employed in the territory of the third State, is subsequently sent by that employer from the territory of the third State to the territory of the other Contracting StateParty. Click to read annotation A Where a person who is a resident of the United States works in the capacity of a self-employed person, the person who resides within the territory of a Contracting State shall be subject to the laws of only that Contracting Statethe United States. Click to read annotation Regarding workers Where a national of the United States who is a resident of Australia works in international air and maritime transportationthe capacity of a self-employed person, the following provisions person shall apply: not be subject to the laws of the United States. Click to read annotation a 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 treated according to the provisions of 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 Contracting State and who would otherwise be covered under the laws of both Contracting States shall be subject to the laws of only the 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 laws of the United States; and Click to read annotation traveling employees of air transportation companies who perform work in the territories of both Contracting States and who would otherwise be covered under the laws of both Contracting States ship or aircraft shall, with respect to that workemployment, be subject only to the laws of only the Contracting State in the territory Party of which the company has its headquarters. However, if such employees reside in the territory of the other Contracting State, they shall be subject to the laws of only that Contracting Stateperson is a resident. Click to read annotation Regarding persons in the service of the Contracting States, the following provisions shall apply: Click to read annotation this 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 If an employee: is subject to the laws of one Party ("the first Party"); was sent, whether before, on or after the entry into force of the Contracting States who are employed this Agreement, by the Government of that Contracting State the first Party to work in the territory of the other Contracting State but who are 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 other Contracting State second Party by virtue of the Vienna Conventions conventions mentioned in subparagraph (a) paragraph 11; Click to read annotation the Government of the first Party and the employee shall be subject only to the laws of only the first Contracting StateParty, 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 purpose purposes of this paragraph, employment by "Government" includes, in relation to the United States, an instrumentality of the United States Government includes employment by an instrumentality thereofand, in relation to Australia, a political subdivision or local authority of Australia. Click to read annotation The Competent Authorities of the two Contracting States Parties may agree to grant an exception to for the provisions 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 laws of one of the Contracting Statesthat Party. Click to read annotationannotation Any agreement made under paragraph 13 may apply to either or both of the following:

COVERAGE PROVISIONS. Except as otherwise provided in this Article, a person employed or self-employed within the territory of one of the Contracting States shall, with respect to that employment or self-employment, be subject to the laws of only that Contracting State. This shall also be applied if the place of business of the employer is in the territory of the other Contracting State. Click to read annotation Where a worker person who is normally employed in the territory of one Contracting State by an employer located in that territory is sent by that employer to the territory of the other Contracting State for a temporary period, the worker person shall be subject to the laws of only the first Contracting State as if the worker person were employed in the territory of the first Contracting State, provided that the period of employment in the territory of the other Contracting State is not expected to exceed five years. Click to read annotation Paragraph 2 For purposes of applying this Article shall also apply where paragraph 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 a Contracting State sends an employee to Hungary, that employer and an affiliated company of the employer (as defined under the laws of the employer’s Contracting State), in the territory of the other Contracting State. In this case, the employer and the affiliated company United States) shall be considered one and the same, provided that the employment would have been covered under the United States laws of the employer's Contracting State in the absence of absent this Agreement. Click to read annotation An employee concluding a 5 (five) year exemption from a Contracting State’s laws under paragraphs Paragraph 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. 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 Contracting State to the territory of a third State, and who is compulsorily covered under the laws of that Contracting State 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 person who resides within in the territory of a one Contracting State and who temporarily transfers his or her self‑employment activity to the territory of the other Contracting State shall be subject to the laws of only that the first Contracting State, provided that the period of self-employment activity in the territory of the other Contracting State is not expected to exceed five years. Click to read annotation Regarding workers in international air and maritime transportation, the following provisions shall apply: Click to read annotation a A person who is employed as an officer or member of a crew on a vessel which flies the flag of one Contracting State and who would otherwise be covered under the laws of both Contracting States shall be subject to the laws of only the 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 laws of the United States; and . Click to read annotation traveling Traveling employees of air transportation companies who perform work in the territories of both Contracting States and who would otherwise be covered under the laws of both Contracting States shall, with respect to that work, be subject to the laws of only the Contracting State in the territory of which the company has its headquarters. However, if such employees reside in the territory of the other Contracting State, they shall be subject to the laws of only that Contracting State. Click to read annotation Regarding persons in the service of the Contracting States, the following provisions shall apply: Click to read annotation this 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 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. 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 The 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 laws of one of the Contracting States. Click to read annotation