The FCN contract with Italy, which entered into force in 1949 and was amended in 1951, expressly invited the United States and the Italian Republic to start negotiations for a bilateral agreement on social security. Since there was no precedent in U.S. law or specific authorization law, the means of entering into such an agreement were unclear. Reaching agreements as treaties would subject them to the consultation and approval clause of the U.S. Constitution and would require a two-thirds positive majority in the Senate for ratification. This was deemed unenforceable, and upon ratification of the FCN Treaty with Italy on July 21, 1953, the Senate passed a resolution requesting that any resulting social security agreement “be concluded by the United States only in accordance with legal provisions.” These international social security agreements are called “tabling agreements” and have two main purposes: the provisions to remove double coverage for workers are similar to all of the United States. Agreements. Each sets a basic rule that refers to a worker`s place of employment. Under this fundamental “rule of territoriality,” an employee who would otherwise be covered by both the U.S. system and a foreign system is subject exclusively to the coverage laws of the country in which he or she works. 1 The same applies to workers whose employers temporarily transfer them to an undertaking which has concluded an agreement with the Ministry of Finance under Article 3121 (l) of the Internal Income Code. These companies are generally referred to as “related companies” and must pay U.S. social security taxes on behalf of all U.S.
citizens or residents employed abroad by that subsidiary. Any agreement (with the exception of the one concluded with Italy) provides for a derogation from the territoriality rule, which aims to minimise disruptions in the coverage of the careers of workers whose employers temporarily send them abroad. Under this derogation for “exempted workers”, a person temporarily transferred to another country for the same employer remains covered only by the country from which he or she was posted. For example, a U.S. citizen or resident who is temporarily transferred by a U.S. employer to work in a contracting country remains covered by the U.S. program and is exempt from coverage under the host country system. The worker and employer only contribute to the U.S. program. 3 An agreement may contain only one of these rules, not both. Thus, the agreements award non-life insurance cover, based either on the professional activity transferred or on the place of residence.
Additional special rules generally apply to seafarers, flight crews, diplomats, government employees and persons whose employers have not transferred them directly from one tabinized country to another, but from one tabinated country to a third country before a subsequent transfer to the other tabination country. The partner countries of aggregation may also agree, by mutual agreement, on specific derogations for individual workers or entire classes of workers. However, for the United States to accept a particular exception, two fundamental principles must be respected: the person must only be insured in one country and the person must retain coverage in the country with which he or she will most likely have the greatest economic connection. . . .