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Annex I
Annex II
Annex III
The General
Conference of the International Labour Organisation,
Having
been convened at Geneva by the Governing Body of the International
Labour Office, and having met in its Thirty-second Session on 8
June 1949, and
Having
decided upon the adoption of certain proposals with regard
to the revision of the Migration for Employment Convention, 1939,
adopted by the Conference at its Twenty-fifth Session, which is
included in the eleventh item on the agenda of the session, and
Considering
that these proposals must take the form of an international
Convention,
adopts
the first day of July of the year one thousand nine hundred and
forty-nine, the following Convention, which may be cited as the
Migration for Employment Convention (Revised), 1949:
Article
1
Each Member
of the International Labour Organisation for which this Convention
is in force undertakes to make available on request to the International
Labour Office and to other Members--
(a) information
on national policies, laws and regulations relating to emigration
and immigration;
(b) information
on special provisions concerning migration for employment and
the conditions of work and livelihood of migrants for employment;
(c) information
concerning general agreements and special arrangements on these
questions concluded by the Member.
Article
2
Each Member
for which this Convention is in force undertakes to maintain, or
satisfy itself that there is maintained, an adequate and free service
to assist migrants for employment, and in particular to provide
them with accurate information.
Article
3
1. Each
Member for which this Convention is in force undertakes that it
will, so far as national laws and regulations permit, take all
appropriate steps against misleading propaganda relating to emigration
and immigration.
2. For
this purpose, it will where appropriate act in co-operation with
other Members concerned.
Article
4
Measures
shall be taken as appropriate by each Member, within its jurisdiction,
to facilitate the departure, journey and reception of migrants for
employment.
Article
5
Each Member
for which this Convention is in force undertakes to maintain, within
its jurisdiction, appropriate medical services responsible for--
(a) ascertaining,
where necessary, both at the time of departure and on arrival,
that migrants for employment and the members of their families
authorised to accompany or join them are in reasonable health;
(b) ensuring
that migrants for employment and members of their families enjoy
adequate medical attention and good hygienic conditions at the
time of departure, during the journey and on arrival in the territory
of destination.
Article
6
1. Each
Member for which this Convention is in force undertakes to apply,
without discrimination in respect of nationality, race, religion
or sex, to immigrants lawfully within its territory, treatment
no less favourable than that which it applies to its own nationals
in respect of the following matters:
(a) in
so far as such matters are regulated by law or regulations, or
are subject to the control of administrative authorities--
(i) remuneration,
including family allowances where these form part of remuneration,
hours of work, overtime arrangements, holidays with pay, restrictions
on home work, minimum age for employment, apprenticeship and
training, women's work and the work of young persons;
(ii)
membership of trade unions and enjoyment of the benefits of
collective bargaining;
(iii)
accommodation;
(b) social
security (that is to say, legal provision in respect of employment
injury, maternity, sickness, invalidity, old age, death, unemployment
and family responsibilities, and any other contingency which,
according to national laws or regulations, is covered by a social
security scheme), subject to the following limitations:
(i) there
may be appropriate arrangements for the maintenance of acquired
rights and rights in course of acquisition;
(ii)
national laws or regulations of immigration countries may prescribe
special arrangements concerning benefits or portions of benefits
which are payable wholly out of public funds, and concerning
allowances paid to persons who do not fulfil the contribution
conditions prescribed for the award of a normal pension;
(c) employment
taxes, dues or contributions payable in respect of the person
employed; and
(d) legal
proceedings relating to the matters referred to in this Convention.
2. In the
case of a federal State the provisions of this Article shall apply
in so far as the matters dealt with are regulated by federal law
or regulations or are subject to the control of federal administrative
authorities. The extent to which and manner in which these provisions
shall be applied in respect of matters regulated by the law or
regulations of the constituent States, provinces or cantons, or
subject to the control of the administrative authorities thereof,
shall be determined by each Member. The Member shall indicate
in its annual report upon the application of the Convention the
extent to which the matters dealt with in this Article are regulated
by federal law or regulations or are subject to the control of
federal administrative authorities. In respect of matters which
are regulated by the law or regulations of the constituent States,
provinces or cantons, or are subject to the control of the administrative
authorities thereof, the Member shall take the steps provided
for in paragraph 7 (b) of article 19 of the Constitution of the
International Labour Organisation.
Article
7
1. Each
Member for which this Convention is in force undertakes that its
employment service and other services connected with migration
will co-operate in appropriate cases with the corresponding services
of other Members.
2. Each
Member for which this Convention is in force undertakes to ensure
that the services rendered by its public employment service to
migrants for employment are rendered free.
Article
8
1. A migrant
for employment who has been admitted on a permanent basis and
the members of his family who have been authorised to accompany
or join him shall not be returned to their territory of origin
or the territory from which they emigrated because the migrant
is unable to follow his occupation by reason of illness contracted
or injury sustained subsequent to entry, unless the person concerned
so desires or an international agreement to which the Member is
a party so provides.
2. When
migrants for employment are admitted on a permanent basis upon
arrival in the country of immigration the competent authority
of that country may determine that the provisions of paragraph
1 of this Article shall take effect only after a reasonable period
which shall in no case exceed five years from the date of admission
of such migrants.
Article
9
Each Member
for which this Convention is in force undertakes to permit, taking
into account the limits allowed by national laws and regulations
concerning export and import of currency, the transfer of such part
of the earnings and savings of the migrant for employment as the
migrant may desire.
Article
10
In cases
where the number of migrants going from the territory of one Member
to that of another is sufficiently large, the competent authorities
of the territories concerned shall, whenever necessary or desirable,
enter into agreements for the purpose of regulating matters of common
concern arising in connection with the application of the provisions
of this Convention.
Article
11
1. For
the purpose of this Convention the term migrant for employment
means a person who migrates from one country to another with
a view to being employed otherwise than on his own account and
includes any person regularly admitted as a migrant for employment.
2. This
Convention does not apply to--
(a) frontier
workers;
(b) short-term
entry of members of the liberal professions and artistes; and
(c) seamen.
Article
12
The formal
ratifications of this Convention shall be communicated to the Director-General
of the International Labour Office for registration.
Article
13
1. This
Convention shall be binding only upon those Members of the International
Labour Organisation whose ratifications have been registered with
the Director-General.
2. It shall
come into force twelve months after the date on which the ratifications
of two Members have been registered with the Director-General.
3. Thereafter,
this Convention shall come into force for any Member twelve months
after the date on which its ratifications has been registered.
Article
14
1. Each
Member ratifying this Convention may, by a declaration appended
to its ratification, exclude from its ratification any or all
of the Annexes to the Convention.
2. Subject
to the terms of any such declaration, the provisions of the Annexes
shall have the same effect as the provisions of the Convention.
3. Any
Member which makes such a declaration may subsequently by a new
declaration notify the Director-General that it accepts any or
all of the Annexes mentioned in the declaration; as from the date
of the registration of such notification by the Director-General
the provisions of such Annexes shall be applicable to the Member
in question.
4. While
a declaration made under paragraph 1 of this Article remains in
force in respect of any Annex, the Member may declare its willingness
to accept that Annex as having the force of a Recommendation.
Article
15
1. Declarations
communicated to the Director-General of the International Labour
Office in accordance with paragraph 2 of article 35 of the Constitution
of the International Labour Organisation shall indicate --
a) the
territories in respect of which the Member concerned undertakes
that the provisions of the Convention shall be applied without
modification;
b) the
territories in respect of which it undertakes that the provisions
of the Convention shall be applied subject to modifications,
together with details of the said modifications;
c) the
territories in respect of which the Convention is inapplicable
and in such cases the grounds on which it is inapplicable;
d) the
territories in respect of which it reserves its decision pending
further consideration of the position.
2. The
undertakings referred to in subparagraphs (a) and (b) of paragraph
1 of this Article shall be deemed to be an integral part of the
ratification and shall have the force of ratification.
3. Any
Member may at any time by a subsequent declaration cancel in whole
or in part any reservation made in its original declaration in
virtue of subparagraph (b), (c) or (d) of paragraph 1 of this
Article.
4. Any
Member may, at any time at which the Convention is subject to
denunciation in accordance with the provisions of Article 17,
communicate to the Director-General a declaration modifying in
any other respect the terms of any former declaration and stating
the present position in respect of such territories as it may
specify.
Article
16
1. Declarations
communicated to the Director-General of the International Labour
Office in accordance with paragraph 4 or 5 of article 35 of the
Constitution of the International Labour Organisation shall indicate
whether the provisions of the Convention will be applied in the
territory concerned without modification or subject to modifications;
when the declaration indicates that the provisions of the Convention
will be applied subject to modifications, it shall give details
of the said modifications.
2. The
Member, Members or international authority concerned may at any
time by a subsequent declaration renounce in whole or in part
the right to have recourse to any modification indicated in any
former declaration.
3. The
Member, Members or international authority concerned may, at any
time at which the Convention is subject to denunciation in accordance
with the provisions of Article 17, communicate to the Director-General
a declaration modifying in any other respect the terms of any
former declaration and stating the present position in respect
of the application of the Convention.
Article
17
1. A Member
which has ratified this Convention may denounce it after the expiration
of ten years from the date on which the Convention first comes
into force, by an Act communicated to the Director-General of
the International Labour Office for registration. Such denunciation
should not take effect until one year after the date on which
it is registered.
2. Each
Member which has ratified this Convention and which does not,
within the year following the expiration of the period of ten
years mentioned in the preceding paragraph, exercise the right
of denunciation provided for in this Article, will be bound for
another period of ten years and, thereafter, may denounce this
Convention at the expiration of each period of ten years under
the terms provided for in this Article.
3. At any
time at which this Convention is subject to denunciation in accordance
with the provisions of the preceding paragraphs any Member which
does not so denounce it may communicate to the Director-General
a declaration denouncing separately any Annex to the Convention
which is in force for that Member.
4. The
denunciation of this Convention or of any or all of the Annexes
shall not affect the rights granted thereunder to a migrant or
to the members of his family if he immigrated while the Convention
or the relevant Annex was in force in respect of the territory
where the question of the continued validity of these rights arises.
Article
18
1. The
Director-General of the International Labour Office shall notify
all Members of the International Labour Organisation of the registration
of all ratifications and denunciations communicated to him by
the Members of the Organisation.
2. When
notifying the Members of the Organisation of the registration
of the second ratification communicated to him, the Director-General
shall draw the attention of the Members of the Organisation to
the date upon which the Convention will come into force.
Article
19
The Director-General
of the International Labour Office shall communicate to the Secretary-General
of the United Nations for registration in accordance with Article
102 of the Charter of the United Nations full particulars of all
ratifications and acts of denunciation registered by him in accordance
with the provisions of the preceding Articles.
Article
20
At the expiration
of each period of ten years after the coming into force of this
Convention, the Governing Body of the International Labour Office
shall present to the General Conference a report on the working
of this Convention and shall examine the desirability of placing
on the agenda of the Conference the question of its revision in
whole or in part.
Article
21
1. Should
the Conference adopt a new Convention revising this Convention
in whole or in part, then, unless the new Convention otherwise
provides:
a) the
ratification by a Member of the new revising Convention shall
ipso jure involve the immediate denunciation of this Convention,
notwithstanding the provisions of Article 17 above, if and when
the new revising Convention shall have come into force;
b) as
from the date when the new revising Convention comes into force
this Convention shall cease to be open to ratification by the
Members.
2. This
Convention shall in any case remain in force in its actual form
and content for those Members which have ratified it but have
not ratified the revising Convention.
Article
22
1. The
International Labour Conference may, at any session at which the
matter is included in its agenda, adopt by a two-thirds majority
a revised text of any one or more of the Annexes to this Convention.
2. Each
Member for which this Convention is in force shall, within the
period of one year, or, in exceptional circumstances, of eighteen
months, from the closing of the session of the Conference, submit
any such revised text to the authority or authorities within whose
competence the matter lies, for the enactment of legislation or
other action.
3. Any
such revised text shall become effective for each Member for which
this Convention is in force on communication by that Member to
the Director-General of the International Labour Office of a declaration
notifying its acceptance of the revised text.
4. As from
the date of the adoption of the revised text of the Annex by the
Conference, only the revised text shall be open to acceptance
by Members.
Article
23
The English
and French versions of the text of this Convention are equally authoritative.
ANNEX
ANNEX
I
Recruitment,
placing and conditions of labour of migrants for employment recruited
otherwise than under government-sponsored arrangements for group
transfer.
Article
1
This Annex
applies to migrants for employment who are recruited otherwise than
under Government-sponsored arrangements for group transfer.
Article
2
For the purpose
of this Annex :
(a) the
term recruitment means :
(i) the
engagement of a person in one territory on behalf of an employer
in another territory, or
(ii)
the giving of an undertaking to a person in one territory to
provide him with employment in another territory, together with
the making of any arrangements in connection with the operations
mentioned in (i) and (ii) including the seeking for and selection
of emigrants and the preparation for departure of the emigrants;
(b) the
term introduction means any operations for ensuring or
facilitating the arrival in or admission to a territory of persons
who have been recruited within the meaning of paragraph (a) of
this Article; and
(c) the
term placing means any operations for the purpose of ensuring
or facilitating the employment of persons who have been introduced
within the meaning of paragraph (b) of this Article.
Article
3
1. Each Member
for which this Annex is in force, the laws and regulations of which
permit the operations of recruitment, introduction and placing as
defined in Article 2, shall regulate such of the said operations
as are permitted by its laws and regulations in accordance with
the provisions of this Article.
2. Subject
to the provisions of the following paragraph, the right to engage
in the operations of recruitment, introduction and placing shall
be restricted to :
(a) public
employment offices or other public bodies of the territory in
which the operations take place;
(b) public
bodies of a territory other than that in which the operations
take place which are authorised to operate in that territory by
agreement between the Governments concerned;
(c) any
body established in accordance with the terms of an international
instrument.
3. In so
far as national laws and regulations or a bilateral arrangement
permit, the operations of recruitment, introduction and placing
may be undertaken by :
(a) the
prospective employer or a person in his service acting on his
behalf, subject, if necessary in the interest of the migrant,
to the approval and supervision of the competent authority;
(b) a private
agency, if given prior authorisation so to do by the competent
authority of the territory where the said operations are to take
place, in such cases and under such conditions as may be prescribed
by :
(i) the
laws and regulations of that territory, or
(ii)
agreement between the competent authority of the territory of
emigration or any body established in accordance with the terms
of an international instrument and the competent authority of
the territory of immigration.
4. The
competent authority of the territory where the operations take
place shall supervise the activities of bodies and persons to
whom authorisations have been issued in pursuance of paragraph
3 (b), other than any body established in accordance with the
terms of an international instrument, the position of which shall
continue to be governed by the terms of the said instrument or
by any agreement made between the body and the competent authority
concerned.
5. Nothing
in this Article shall be deemed to permit the acceptance of a
migrant for employment for admission to the territory of any Member
by any person or body other than the competent authority of the
territory of immigration.
Article
4
Each Member
for which this Annex is in force undertakes to ensure that the services
rendered by its public employment service in connection with the
recruitment, introduction or placing of migrants for employment
are rendered free.
Article
5
1. Each
Member for which this Annex is in force which maintains a system
of supervision of contracts of employment between an employer,
or a person acting on his behalf, and a migrant for employment
undertakes to require :
(a) that
a copy of the contract of employment shall be delivered to the
migrant before departure or, if the Governments concerned so
agree, in a reception centre on arrival in the territory of
immigration;
(b) that
the contract shall contain provisions indicating the conditions
of work and particularly the remuneration offered to the migrant;
(c) that
the migrant shall receive in writing before departure, by a
document which relates either to him individually or to a group
of migrants of which he is a member, information concerning
the general conditions of life and work applicable to him in
the territory of immigration.
2. Where
a copy of the contract is to be delivered to the migrant on arrival
in the territory of immigration, he shall be informed in writing
before departure, by a document which relates either to him individually
or to a group of migrants of which he is a member, of the occupational
category for which he is engaged and the other conditions of work,
in particular the minimum wage which is guaranteed to him.
3. The
competent authority shall ensure that the provisions of the preceding
paragraphs are enforced and that appropriate penalties are applied
in respect of violations thereof.
Article
6
The measures
taken under Article 4 of the Convention shall, as appropriate, include
:
(a) the
simplification of administrative formalities;
(b) the
provision of interpretation services;
(c) any
necessary assistance during an initial period in the settlement
of the migrants and members of their families authorised to accompany
or join them; and
(d) the
safeguarding of the welfare, during the journey and in particular
on board ship, of migrants and members of their families authorised
to accompany or join them.
Article
7
1. In cases
where the number of migrants for employment going from the territory
of one Member to that of another is sufficiently large, the competent
authorities of the territories concerned shall, whenever necessary
or desirable, enter into agreements for the purpose of regulating
matters of common concern arising in connection with the application
of the provisions of this Annex.
2. Where
the members maintain a system of supervision over contracts of
employment, such agreements shall indicate the methods by which
the contractual obligations of the employers shall be enforced.
Article
8
Any person
who promotes clandestine or illegal immigration shall be subject
to appropriate penalties.
ANNEX
II
recruitment,
placing and conditions of labour of migrants for employment recruited
under government-sponsored arrangements for group transfer
Article
1
This Annex
applies to migrants for employment who are recruited under Government-sponsored
arrangements for group transfer.
Article
2
For the purpose
of this Annex :
(a) the
term recruitment means :
(i) the
engagement of a person in one territory on behalf of an employer
in another territory under a Government-sponsored arrangement
for group transfer, or
(ii)
the giving of an undertaking to a person in one territory to
provide him with employment in another territory under a Government-sponsored
arrangement for group transfer, together with the making of
any arrangements in connection with the operations mentioned
in (i) and (ii) including the seeking for and selection of emigrants
and the preparation for departure of the emigrants;
(b) the
term introduction means any operations for ensuring or
facilitating the arrival in or admission to a territory of persons
who have been recruited under a Government-sponsored arrangement
for group transfer within the meaning of subparagraph (a) of this
paragraph; and
(c) the
term placing means any operations for the purpose of ensuring
or facilitating the employment of persons who have been introduced
under a Government-sponsored arrangement for group transfer within
the meaning of subparagraph (b) of this paragraph.
Article
3
1. Each
Member for which this Annex is in force, the laws and regulations
of which permit the operations of recruitment, introduction and
placing as defined in Article 2, shall regulate such of the said
operations as are permitted by its laws and regulations in accordance
with the provisions of this Article.
2. Subject
to the provisions of the following paragraph, the right to engage
in the operations of recruitment, introduction and placing shall
be restricted to :
(a) public
employment offices or other public bodies of the territory in
which the operations take place;
(b) public
bodies of a territory other than that in which the operations
take place which are authorised to operate in that territory
by agreement between the Governments concerned;
(c) any
body established in accordance with the terms of an international
instrument.
3. In so
far as national laws and regulations or a bilateral arrangement
permit, and subject, if necessary in the interest of the migrant,
to the approval and supervision of the competent authority, the
operations of recruitment, introduction and placing may be undertaken
by :
(a) the
prospective employer or a person in his service acting on his
behalf; (b) private agencies.
4. The
right to engage in the operations of recruitment, introduction
and placing shall be subject to the prior authorisation of the
competent authority of the territory where the said operations
are to take place in such cases and under such conditions as may
be prescribed by :
(a) the
laws and regulations of that territory, or
(b) agreement
between the competent authority of the territory of emigration
or any body established in accordance with the terms of an international
instrument and the competent authority of the territory of immigration.
5. The
competent authority of the territory where the operations take
place shall, in accordance with any agreements made between the
competent authorities concerned, supervise the activities of bodies
and persons to whom authorisations have been issued in pursuance
of the preceding paragraph, other than any body established in
accordance with the terms of an international instrument, the
position of which shall continue to be governed by the terms of
the said instrument or by any agreement made between the body
and the competent authority concerned.
6. Before
authorising the introduction of migrants for employment the competent
authority of the territory of immigration shall ascertain whether
there is not a sufficient number of persons already available
capable of doing the work in question.
7. Nothing
in this Article shall be deemed to permit the acceptance of a
migrant for employment for admission to the territory of any Member
by any person or body other than the competent authority of the
territory of immigration.
Article
4
1. Each
Member for which this Annex is in force undertakes to ensure that
the services rendered by its public employment service in connection
with the recruitment, introduction or placing of migrants for
employment are rendered free.
2. The
administrative costs of recruitment, introduction and placing
shall not be borne by the migrants.
Article
5
In the case
of collective transport of migrants from one country to another
necessitating passage in transit through a third country, the competent
authority of the territory of transit shall take measures for expediting
the passage, to avoid delays and administrative difficulties.
Article
6
1. Each
Member for which this Annex is in force which maintains a system
of supervision of contracts of employment between an employer,
or a person acting on his behalf, and a migrant for employment
undertakes to require :
(a) that
a copy of the contract of employment shall be delivered to the
migrant before departure or, if the Governments concerned so
agree, in a reception centre on arrival in the territory of
immigration;
(b) that
the contract shall contain provisions indicating the conditions
of work and particularly the remuneration offered to the migrant;
(c) that
the migrant shall receive in writing before departure, by a
document which relates either to him individually or to a group
of migrants of which he is a member, information concerning
the general conditions of life and work applicable to him in
the territory of immigration.
2. Where
a copy of the contract is to be delivered to the migrant on arrival
in the territory of immigration, he shall be informed in writing
before departure, by a document which relates either to him individually
or to a group of migrants of which he is a member, of the occupational
category for which he is engaged and the other conditions of work,
in particular the minimum wage which is guaranteed to him.
3. The
competent authority shall ensure that the provisions of the preceding
paragraphs are enforced and that appropriate penalties are applied
in respect of violations thereof.
Article
7
1. The
measures taken under Article 4 of this Convention shall, as appropriate,
include :
(a) the
simplification of administrative formalities;
(b) the
provision of interpretation services;
(c) any
necessary assistance, during an initial period in the settlement
of the migrants and members of their families authorised to
accompany or join them;
(d) the
safeguarding of the welfare, during the journey and in particular
on board ship, of migrants and members of their families authorised
to accompany or join them; and
(e) permission
for the liquidation and transfer of the property of migrants
for employment admitted on a permanent basis.
Article
8
Appropriate
measures shall be taken by the competent authority to assist migrants
for employment, during an initial period, in regard to matters concerning
their conditions of employment; where appropriate, such measures
may be taken in co-operation with approved voluntary organisations.
Article
9
If a migrant
for employment introduced into the territory of a Member in accordance
with the provisions of Article 3 of this Annex fails, for a reason
for which he is not responsible, to secure the employment for which
he has been recruited or other suitable employment, the cost of
his return and that of the members of his family who have been authorised
to accompany or join him, including administrative fees, transport
and maintenance charges to the final destination, and charges for
the transport of household belongings, shall not fall upon the migrant.
Article
10
If the competent
authority of the territory of immigration considers that the employment
for which a migrant for employment was recruited under Article 3
of this Annex has been found to be unsuitable, it shall take appropriate
measures to assist him in finding suitable employment which does
not prejudice national workers and shall take such steps as will
ensure his maintenance pending placing in such employment, or his
return to the area of recruitment if the migrant is willing or agreed
to such return at the time of his recruitment, or his resettlement
elsewhere.
Article
11
If a migrant
for employment who is a refugee or a displaced person and who has
entered a territory of immigration in accordance with Article 3
of this Annex becomes redundant in any employment in that territory,
the competent authority of that territory shall use its best endeavours
to enable him to obtain suitable employment which does not prejudice
national workers, and shall take such steps as will ensure his maintenance
pending placing in suitable employment or his resettlement elsewhere.
Article
12
1. The
competent authorities of the territories concerned shall enter
into agreements for the purpose of regulating matters of common
concern arising in connection with the application of the provisions
of this Annex.
2. Where
the Members maintain a system of supervision over contracts of
employment, such agreements shall indicate the methods by which
the contractual obligations of the employer shall be enforced.
3. Such
agreements shall provide, where appropriate, for co-operation
between the competent authority of the territory of emigration
or a body established in accordance with the terms of an international
instrument and the competent authority of the territory of immigration,
in respect of the assistance to be given to migrants concerning
their conditions of employment in virtue of the provisions of
Article 8.
Article
13
Any person
who promotes clandestine or illegal immigration shall be subject
to appropriate penalties.
ANNEX
III
importation
of the personal effects, tools and equipment of migrants for employment
Article
1
1. Personal
effects belonging to recruited migrants for employment and members
of their families who have been authorised to accompany or join
them shall be exempt from customs duties on arrival in the territory
of immigration.
2. Portable
hand-tools and portable equipment of the kind normally owned by
workers for the carrying out of their particular trades belonging
to recruited migrants for employment and members of their families
who have been authorised to accompany or join them shall be exempt
from customs duties on arrival in the territory of immigration
if such tools and equipment can be shown at the time of importation
to be in their actual ownership or possession, to have been in
their possession and use for an appreciable time, and to be intended
to be used by them in the course of their occupation.
Article
2
1. Personal
effects belonging to migrants for employment and members of their
families who have been authorised to accompany or join them shall
be exempt from customs duties on the return of the said persons
to their country of origin if such persons have retained the nationality
of that country at the time of their return there.
2. Portable
hand-tools and portable equipment of the kind normally owned by
workers for the carrying out of their particular trades belonging
to migrants for employment and members of their families who have
been authorised to accompany or join them shall be exempt from
customs duties on return of the said persons to their country
of origin if such persons have retained the nationality of that
country at the time of their return there and if such tools and
equipment can be shown at the time of importation to be in their
actual ownership or possession, to have been in their possession
and use for an appreciable time, and to be intended to be used
by them in the course of their occupation.
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