POMS Reference

RS 02001: International Agreements

TN 13 (09-93)

A. POLICY - VIENNA CONVENTIONS

In general, nationals of a country who work abroad in the diplomatic or consular services of their country are exempt, under the Vienna Conventions, from social security coverage and contributions under the laws of the host country unless that exemption has been specifically waived.

The Conventions, to which both the U.S. and Luxembourg are parties, apply to:

  • members of the staff of a diplomatic or consular mission, including the diplomatic, consular, administrative and technical staffs;

  • dependents of members of those staffs;

  • the domestic service staffs of those missions; and

  • the private servants employed by members of such missions (under certain conditions).

B. POLICY - AGREEMENT PROVISIONS

The agreement does not affect the coverage of U.S. or Luxembourg Government employees to whom the Vienna Conventions apply. They remain exempt from coverage in the host country.

The agreement establishes the following rules for government employees not covered by the Vienna Conventions:

  • U.S. national employed by the U.S. Government in Luxembourg — U.S. coverage applies (Social Security and/or Federal Pension Program)

  • Luxembourg national employed by the Luxembourg Government in the U.S. — Luxembourg coverage applies

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.

C. REFERENCE

U.S. citizens employed by foreign governments, RS 01802.050