Exchange of Notes

Exchange of Notes (2014)

EXCHANGE OF NOTES CONSTITUTING AN ADMINISTRATIVE AGREEMENT OF THE SOCIAL SECURITY CONVENTION STIPULATED BETWEEN SPAIN AND THE UNITED STATES OF AMERICA AND ITS ADMINISTRATIVE AGREEMENT, DONE AT MADRID ON JULY 11 AND AUGUST 26, 2014.

NOTE VERBALE
No. 290/15.

The Ministry of Foreign Affairs and Cooperation greets the Embassy of the United States of America in Spain and is honored to send the proposal of the Spanish Ministry of Employment and Social Security to the US Secretary of Health and Human Services, in their capacity as competent authorities of the Convention on Social Security stipulated between Spain and the United States of America and the Administrative Agreement for its application, signed at Madrid, on September 30, 1986.

In compliance with the provisions of Articles 7 and 21 of the Bilateral Convention on Social Security, an exception is established to Article 5.1 of the Convention and to Article 3.4 of the Administrative Agreement.

The specified exception for the category of seconded workers regulated by said Article 5.1 shall read as follows:

“The extension of the period of secondment, currently established as one year and by agreement of the other party, is extended up to a maximum of two years by prior agreement between the employer and worker in accordance with the competent authority or institution of the Contracting State, whose legislation shall continue to apply.”

If the foregoing proposal is acceptable to the competent authority of the United States of America, this note verbale and the Embassy’s note in reply confirming said agreement shall constitute an Administrative Agreement to apply as from the date of the note of response.

The Ministry of Foreign Affairs and Cooperation avails itself of this opportunity to renew to the Embassy of the United States of America in Madrid the assurances of its highest consideration.

Madrid, July 11, 2014.
NOTE VERBALE
No. 660

The Embassy of the United States of America greets the Ministry of Foreign Affairs and Cooperation of the Kingdom of Spain and is honored to ask that it inform the Ministry of Employment and Social Security that the U.S. Social Security Administration (SSA) wishes to refer to the text of Article 1.5 of the Convention on Social Security stipulated by Spain and the United States of America, which came into force on April 1, 1988. Said Article 1.5 designates the U.S. Department of Health and Human Services as the competent authority of the United States of America (the “United States”) for the purpose of the Convention.

The SSA reports that Article 2 of the Convention establishes: “2. This Convention shall apply also to future laws which supplement or amend the laws specified in the preceding paragraph.” The SSA also informs that the amendments enacted on August 15, 1994 to the legislative provisions given under Article 2.1 of the Convention assigned to the Commissioner of Social Security, with effect starting on March 31, 1995, jurisdiction over these legislative provisions that was previously assigned to the Secretary of Health and Human Services. Therefore, as from March 1, 1995, the Commissioner is the competent authority of the United States for the purpose of the Convention.

By virtue of the authority of the Commissioner in his capacity as the competent authority of the United States for the purpose of the Convention, as from the date on which this note is sent, the SSA shall apply the policy proposed in the note verbale of the Ministry of Foreign Affairs of July 11, 2014 (number 290/15) addressed to the Secretary of Health and Human Services. Said note verbale proposes an exception under Article 7 of the current Convention on Social Security stipulated between Spain and the United States of America.

The Embassy of the United States of America avails itself of the opportunity to renew to the Ministry of Foreign Affairs and Cooperation of the Kingdom of Spain the assurances of its highest consideration.

The Embassy of the United States of America.

Done at Madrid, August 26, 2014.

This Administrative Agreement came into force on August 26, 2014, the date of the US note, as established in the penultimate paragraph therein.

Madrid, November 3, 2014. The Technical Secretary General of the Ministry of Foreign Affairs and Cooperation, Isabel Vizcaino Fernandez de Casadevante.