AGREEMENTS agreements Law 26.950 adopted Convention on Social Security. Sanctioned: July 2 of 2014 enacted in fact: July 31 of 2014 the Senate and Chamber of deputies of the nation Argentina gathered in Congress, etc. they attest to the force of law: article 1 ° - adopted the Convention on Social Security between the Republic of Argentina and the Kingdom of Belgium, held in Buenos Aires, on March 3, 2010, consisting of thirty-two (32) articles, which authenticated photocopy part of this law.
Article 2 °-communicate is to the power Executive national.
-REGISTERED UNDER THE NO. 26.950-GIVEN IN THE ROOM OF SESSIONS OF THE CONGRESS ARGENTINE, IN BUENOS AIRES, TO THE TWO DAYS OF THE MONTH OF JULY OF THE YEAR TWO THOUSAND FOURTEEN.
JULIAN A. DOMINGUEZ. -John H. Estrada. -Lucas Chedrese. -Gerardo Zamora.
Convention on Social Security between the Republic of Argentina and the Kingdom of Belgium La Republic Argentina and the Kingdom of Belgium, animated by the desire to regulate the mutual relations between the two States in the field of social security, agreed as follows: title I provisions general article 1 definitions 1. For the implementation of the Convention: to) the term "Contracting States" means: the Kingdom of Belgium and the Republic of Argentina. (b) the term "Argentina": the Republic of Argentina; "Belgium" means: the Kingdom of Belgium. (c) the term "national" means: with regard to the Argentina: a person's nationality argentina. With regard to Belgium: a person's nationality Belgian. (d) the term 'legislation' means: laws, decrees, regulations and rules referred to in article 2. (e) the term "authority competent" designates: in what respect to the Argentina: to the Ministry of work, employment and security Social, or who it replace in their skills in the future.
https://www.boletinoficial.gob.ar/pdf/linkQR/QU9GcVU4UVVlOEpycmZ0RFhoUThyQT09 in regards to Belgium: competent ministers each in your jurisdiction, the application of the legislation referred to in article 2, paragraph 1 B. (f) the term "Competent institution" means: the body or authority responsible for applying, totally or partially, the laws referred to in article 2. (g) the term "Liaison body": the body of coordination and information among the competent institutions of the two Contracting States involved in the implementation of the Convention and information to stakeholders on the rights and obligations arising from the same. (h) the term "period of insurance" means: any period recognized as such by the legislation under which this period is accomplished, as well as any period recognized by this legislation as equivalent to a period of insurance. (i) the term "provision" means: all pension or any benefit in cash or in-kind planned in the laws referred to in article 2 of this Convention, including supplements, increases or updates. 2. any term not defined in the first paragraph of this article, has the meaning which is attributed to him by the legislation which it applies. Article 2 material scope 1. (He present Convention is applied: to. in what respect to it Argentina, to them legislation relating: to) to them benefits contributory of security social, in what is refers to them benefits derived of them contingencies of old age, invalidity and survival, managed by agencies national, provincial of officials public or professional and municipal; (and in that regard to the title II only to them legislation relating: b) to it security social of them workers wage; (c) to the security social of those workers independent. (B. in what regard to Belgium, to them laws relating: to) to the benefits of old age and of survival of them workers wage and of them workers independent; (b) to the safe of invalidity of them workers wage, of them marine of the marine merchant and of them workers independent; (and in that regard to the title II only to them legislation relating: c) to it security social of them workers wage; (d) to the Statute social of those workers independent. 2. Likewise, this Convention shall apply to all legislative or regulatory acts which amend or supplement the laws listed in paragraph 1 of this article. This Convention shall apply to legislative or regulatory acts that extend existing schemes to new categories of beneficiaries, not exist regarding this opposition of the Contracting State which amends its legislation, notified to the other Contracting State within a period of six months after the official publication of such acts. This Convention is not applicable to legislative or regulatory acts that establish a new branch of social security, unless an agreement concluded to that end between the competent authorities of the two Contracting States. Article 3 personal scope unless this Convention stated otherwise, this applies to persons, whatever their nationality, are subject or who had acquired rights under the legislation referred to in article 2, as well as rights-holders, members of the family and to https://www.boletinoficial.gob.ar/pdf/linkQR/QU9GcVU4UVVlOEpycmZ0RFhoUThyQT09 the survivors of such persons. Article 4 equality of treatment unless it is provided otherwise in this agreement, the persons referred to in article 3, have the obligations and are entitled to rights provided in the legislation of each Contracting State, under the same conditions as nationals of that State. Article 5 export of benefits 1. Unless otherwise available under the present Convention, benefits acquired under the legislation of one of the Contracting States may be suspended, not suffer any reduction or modification by the fact that the beneficiary is located or residing in the territory of the other Contracting State. 2. the old age and survival benefits established under the legislation of one of the Contracting States shall be paid to nationals of the other Contracting State residing in the territory of a third State under the same conditions as if they were nationals of the first State who reside in the territory of that third State. 3. the provisions of the preceding paragraph, will be also applicable to benefits for permanent disability issued by the competent institution in argentina when its national holders of the other State residing in a third State. Article 6 provisions on reduction or suspension 1. All available of reduction or of suspension of a provision planned by the legislation of a State Contracting, applicable in case of accumulation of a provision with others benefits of security social or with others income or of the made of the exercise of an activity labour in the territory of this State Contracting, is also applicable to them benefits due under the legislation of the other State Contracting or to them income obtained or of the product of an activity labour exercised in the territory of the other State Contracting. 2. However, for the application of this rule, not is have in has them benefits of the same nature that are settled by the institutions competent of them two States Contracting, according to them provisions of them articles 12 and 16 of the present Convention. Title II provisions which determine the legislation applicable article 7 rules General 1. Without prejudice to the provisions of articles 8 to 10 of the present Convention, the applicable law is determined in accordance with the following provisions: to) the person exercising an occupational activity in the territory of one of the Contracting States is subject to the legislation of that State; (b) the person who has a job aboard a ship from the flag of one of the Contracting States is subject to the legislation of the State in which he has his habitual residence; (c) the person who is on the staff of navigation of a company which conducts, on behalf of others or on its own account, international air transport of passengers or goods and which has its headquarters in the territory of one of the Contracting States is subject to the legislation of the latter State. However, when the company has a branch or a representation permanent in the territory of the other State Contracting, the worker salaried that this occupies is is subject to the legislation of the State Contracting in whose territory is located the branch. 2. in the case of simultaneous exercise of a professional activity in Belgium and employee in https://www.boletinoficial.gob.ar/pdf/linkQR/QU9GcVU4UVVlOEpycmZ0RFhoUThyQT09
Argentina, the activity carried on in the Argentina assimilate a salaried activity in Belgium, for the determination of the obligations resulting from the Belgian legislation concerning the social status of self-employed persons. Article 8 specific rules 1. (a) the employee who, being in the service of a company which has its headquarters in the territory of one of the Contracting States or a branch in which it plays normally, is destined temporarily by that undertaking to the territory of the other Contracting State to perform work there on behalf of this company, is only subject to the legislation of the first Contracting State as if continue being busy in its territory , provided that the anticipated duration of the work to be performed does not exceed twenty-four months and that it is not sent to replace another worker at the end of the term of his temporary transfer. ((b) the provisions of the literal to) are equally applicable to them members of the family that accompany to the worker salaried to the territory of the other State Contracting, unless they exercise an activity salaried or independent in the territory of said State Contracting. 2 when the movement referred to in paragraph 1 of this article exceeds the 24 months, the competent authorities of the two Contracting States or competent institutions designated by them may agree that the employee is only subject to the legislation of the first Contracting State. However this extension not can give is for a period that exceeds them thirty and six months. This extension must be requested before the end of the initial period of twenty-four months. 3. paragraph 1 of this article is applicable when a person sent by his employer from the territory of a Contracting State in the territory of a third country is then sent from the territory of that third country to the territory of the other Contracting State by such employer. 4. when a person is subject to the legislation of a Contracting State in which usually exerts an independent activity in the territory of that Contracting State and temporarily who performs a similar independent activity, only in the territory of the other Contracting State, this person will be subject to the legislation of the first State, as if she continued working in the territory of the first Contracting State , provided that the duration predictable of the activity independent in the territory of the other State Contracting not exceed them twenty-four months. 5. in the event that the self-employed activity in the territory of the other Contracting State referred to in paragraph 5 of this article extends beyond twenty-four months, the competent authorities of the two Contracting States or competent institutions designated by these authorities may agree that the self-employed is subject only to the legislation of the first Contracting State. However, this extension may not be granted for a period exceeding thirty-six months. This extension must be requested before finished the period initial of twenty-four months. 6. in the cases provided for in paragraphs 4 and 5 of this article, the individuals, must have previously having coverage of health in the State of origin. Article 9 officers, members of missions diplomatic and consular 1. Members of the staff of the diplomatic missions and consular offices shall be subject to the provisions of the Vienna Convention on diplomatic relations of 18 April 1961 and the Vienna Convention on consular relations of April 24, 1963. 2. the people hired by a mission diplomatic or by an Office Consular of one of them States Contracting in the territory of the other State Contracting are subject to the legislation of this https://www.boletinoficial.gob.ar/pdf/linkQR/QU9GcVU4UVVlOEpycmZ0RFhoUThyQT09 last State. When the diplomatic mission or Consulate of one of the Contracting States who are subject to the legislation of the other Contracting State, the mission or office must meet obligations imposed on employers by the legislation of the latter Contracting State. 3. the provisions of paragraph 2 of this article are applicable by analogy to persons employed in the private service of one of the persons referred to in paragraph 1. 4. the provisions of paragraphs 1 to 3 of this article do not apply to honorary members of a consular office or to persons employed in the service of these people. 5. officials and assimilated staff are subject to the legislation of the Contracting State under whose administration work. These people, as well as the members of its family, are considered, to these effects, as resident in the territory of this State Contracting, even if is found in the other territory of the State Contracting. 6. the provisions of the present article are also applicable to them members of it family that accompany to them people cited in them subsections 1 and 5 that reside in the territory of the country receiver, unless exercise them same an activity labour. Article 10 exceptions the authorities competent or designated by those competent institution can establish, jointly, in the interests of certain insured persons or certain categories of insured persons, derogations from the provisions of articles 7 to 9. Title III provisions relating to them benefits Chapter 1 aggregation-rules general article 11 aggregation of periods of insurance 1. Without prejudice to the provisions of paragraph 2 of this article, periods of insurance and assimilated periods completed under the law on benefits of one of the Contracting States is total, if necessary, on the condition that they do not overlap with periods of insurance completed under the legislation of the other Contracting State, for the purpose of acquiring maintain or recover the entitlement to benefits. When two periods recognized as assimilated to a period of insurance periods coincide, only will be considered the period fulfilled in the Contracting State where the person concerned has worked before this period. 2. when legislation of any of the Contracting States makes the granting of certain benefits to the condition of that periods of insurance have been completed in a given activity, only will be computed, for admission to the benefit of such benefits, the periods of insurance completed or recognised as equivalent in the same activity in the other Contracting State. 3. when legislation of any of the Contracting States makes the granting of certain benefits to the condition that periods of insurance have been fulfilled in a given activity and when these periods could not give entitlement to these benefits, these periods shall be deemed as valid for the award of benefits provided for under the general scheme in the Argentina and Belgium concerning it applies only to the general regime of salaried workers. Article 12 calculation of benefits https://www.boletinoficial.gob.ar/pdf/linkQR/QU9GcVU4UVVlOEpycmZ0RFhoUThyQT09
1. when a person meets the conditions required by the legislation of one of the two Contracting States to qualify for benefits without need for the aggregation, the competent institution of the State concerned will calculate the right to benefit directly on the basis of the periods of insurance completed in that Contracting State and only according to its own legislation. The institution shall also effect the calculation of the amount of the benefit which will be obtained by the application of paragraph 2 of this article. Only the higher amount will be paid. In the case of Belgium, this paragraph applies only to the old-age and survivor benefits. (2. If a person aims to a provision to which would have right only totaling them periods of safe according to the article 11, is apply them following rules: to) the institution competent corresponding calculated the amount theoretical of the provision that is should as if all them periods of safe completed under them laws of them two States Contracting had been made only low the legislation that she applies; ((b) the competent institution corresponding later will calculate the due amount, on the basis of the amount cited in the literal to), in proportion to the duration of the periods of insurance completed under its legislation, in relation to the duration of all periods of insurance computed according to the literal only to). 3. the simple fact of that the present Convention you is applicable, not may have as effect reduce them rights of the interested. Article 13 determination of disability 1. The determination of the percentage reduction of the related capacity for the purposes of the granting of benefits provided by disability, the competent institution of each of the Contracting States be carried out its evaluation in accordance with the legislation which it administers. 2. for the purposes of the application of the provisions of paragraph 1 above, the competent institution of the Contracting State in whose territory he resides the applicant will provide the competent institution of the other State, upon his request and free of charge, reports and medical documents in their possession. 3. to asked of the institution competent of the State Contracting whose legislation is apply, the institution competent of the State Contracting in whose territory resides the applicant shall be them exams medical necessary for the evaluation of the situation of the applicant. Medical examinations which respond only to the interest of the first institution mentioned above shall be borne entirely by, according to the rules laid down in the administrative arrangements referred to in article 19. Article 14 new calculation of benefits 1. If because of the increase of the cost of life, of the variation of the level of wages or by others reasons, them benefits of old age, of survival or of invalidity of one of them States Contracting suffer a modification in a percentage or in an amount determined, not corresponds proceed to a new calculation of the benefits of old age, survival or disability. 2. on the contrary, in the case of modification of the way establish the benefits of old age, survival or disability, or variation of its calculation rules, there will be a recalculation pursuant to articles 12 or 16. Chapter 2 application of the legislation Belgian article 15 for the acquisition, maintenance or recovery of the right to invalidity benefits, the https://www.boletinoficial.gob.ar/pdf/linkQR/QU9GcVU4UVVlOEpycmZ0RFhoUThyQT09 provisions of article 11 apply mutatis mutandis. Article 16 1. If the right to invalidity benefits Belgian born only by the aggregation of periods of insurance Belgian and Argentine carried out pursuant to article 15, the amount of the benefit due is determined according to the rules laid down by article 12, paragraph 2. 2. when the right to them benefits Belgian of invalidity was born without is necessary resort to them provisions of the article 15 and that the amount resulting of the sum of it provision argentina and of it provision Belgian calculated according to the numeral 1 of the present article is lower to the amount of the provision due, on the base only of the legislation Belgian , the institution competent Belgian will enable a complement equal to the difference between the sum of the two benefits above-mentioned and the amount due in virtue only of the legislation Belgian. Article 17 however them provisions of the article 15, in them cases cited in the article 16 numeral 1, any provision of invalidity is due by Belgium when them periods of safe completed low its legislation, with prior to the verification of the risk, not reach, in your joint, a year. Article 18 as exception to the provisions of article 5 of this Convention, the owner of a benefit in respect of invalidity of the Belgian legislation retains the benefit of this provision in the course of a stay in the other State, when this sojourn has been previously authorized by the competent Belgian institution. However, this authorization can only be rejected when the stay occurs in the period in which, under Belgian law, the Belgian competent institution should proceed to the evaluation or review of the State of disability. Title IV provisions several article 19 duties of the competent authorities the competent authorities: a) taken, through administrative arrangements, the measures necessary for the implementation of this Convention and designate liaison agencies and competent institutions; (b) define the procedures of administrative mutual assistance, including the sharing of costs related to administrative, medical certificates and any other, necessary for the implementation of this Convention; (c) is communicate directly the information relating to measures taken for the application of the present Convention; (d) is communicate in them more brief deadlines and directly, any modification of its legislation susceptible of affecting the application of the present Convention. Article 20 cooperation administrative 1. For the application of the present Convention, the authorities competent as well as them institutions competent of each one of them States Contracting is lend reciprocally their good trades, as if is were of it application of its own legislation. This helps mutual is in principle free; of all modes, the authorities competent can agree the reimbursement of certain expenses. 2. the benefit of them exemptions or of reductions of taxes, of ringers, actuarial, or of record planned by the legislation of one of them States Contracting for them certified or documents that is issued or extend in application of the legislation of said State, is extend to them certified and documents analogues issued or extended in application of the legislation of the other State. 3. the records and documents that are issued or extended in application of the present Convention are https://www.boletinoficial.gob.ar/pdf/linkQR/QU9GcVU4UVVlOEpycmZ0RFhoUThyQT09
exempt from visa legalization of the diplomatic or consular authorities. 4. for the purposes of this Convention, the competent authorities and the liaison agencies of the States Contracting are enabled to communicate directly with each other. Communications may be made in any of the official languages of the Contracting States. Article 21 communication of data personal 1. The institutions of the two Contracting States are authorized to communicate for the purposes of the application of this Convention, personal data, including data on the income of individuals that the institution of a Contracting State need to know for the purposes of social security or social assistance legislation. 2. the communication of data personal by the institution of a State Contracting is subject to the amparo of the legislation in matter of protection of the data of this State Contracting. 3. the conservation, the process or dissemination of personal data by the institution of the Contracting State to which they are communicated are subject to the legislation on protection of data of this Contracting State. 4. the data referred to in this article cannot be used for purposes other than the application of the laws relating to social security or social assistance. Article 22 requests, declarations and resource requests, declaration or appeal which should have been submitted, according to the legislation of one of the Contracting States, within a specified period to an authority, agency or jurisdiction of that State, shall be considered as presented within the same period to an authority, body or jurisdiction of the other Contracting State. In said case, the authority, body or jurisdiction receiver will transmit without delay such requests, statements or resources to the authority, to the body or to the jurisdiction of the first State Contracting, is directly, is by intermediate of them authorities competent of them States Contracting. The date of submission of such claims, declarations or appeals to authority, body or jurisdiction of the other Contracting State is considered as the date of submission to the authority, body or competent jurisdiction to know. An application or a document can not be rejected by having been drafted in an official language of the other Contracting State to know. Article 23 payment of them benefits them agencies debtors of them benefits as consequence of the present Convention them pay validly in the currency of their own State. Transfers resulting from the application of this Convention are carried out in accordance with existing agreements on this matter between the two Contracting States. The provisions of the legislation of a State Contracting in matter of control of changes not can be an obstacle to the free transfer of them amounts financial resulting of the application of the present Convention. Article 24 resolution of disputes disputes relating to the interpretation and implementation of this Convention shall be resolved, to the extent possible, by the competent authorities. Article 25 procedure of execution 1. Enforceable decisions rendered by a Court of a Contracting State, as well as enforceable acts issued by the authority or institution of one of the Contracting States, https://www.boletinoficial.gob.ar/pdf/linkQR/QU9GcVU4UVVlOEpycmZ0RFhoUThyQT09 concerning contributions or contributions for social security and other applications, particularly for recovery of undue benefits, are recognized in the territory of the other Contracting State. 2. the recognition only when it is incompatible with the legal principles of the Contracting State in whose territory the resolution or the Act has to be run can be rejected. 3. the procedure of implementation of the resolutions and acts that have acquired firmness must be in accordance with the legislation governing the implementation of those resolutions and acts of the Contracting State in whose territory the execution takes place. The resolution or the Act must be accompanied by a certificate which testifies their enforceability. 4. the quotes and contributions due have, in the framework of a procedure of execution, of bankruptcy or of liquidation forced in the territory of the other State Contracting, the same order of priority that them credits equivalent in the territory of this State Contracting. 5. appropriations which must be subject to recovery or a recovery forced are protected by the same privileges and guarantees that credits from the very nature of an institution located in the territory of the Contracting State where collection or the forced recovery takes place. Article 26 recovery of payments undue when the institution of one of the States has paid to a beneficiary a sum exceeding the sum that this is right, this institution may, under the conditions and within the limits set by the legislation that this applies, request the institution of the other debtor State of benefits in favour of this beneficiary that retain the amount paid in excess of the amounts which it pays to the said beneficiary. This last institution shall be the retention in them conditions and within them limits provided for such compensation by the legislation that this applies as if is were of sums paid in excess by she same and will transfer the amount retained to the institution won. Article 27 co-operation in the fight against fraud in addition to the application of the General principles of administrative cooperation, the competent authorities will agree on administrative arrangements, the modalities according to which they lend support to fight against fraud which transcend the borders of a Contracting State in respect of payment of contributions and social security benefits in particular as regards the effective residence of persons, the appreciation of the resources, the calculation of contributions and accumulations of benefits. Title V provisions transitional and final article 28 contingencies prior to the entry into force of the Convention 1. This Convention also applies to the contingencies that took place prior to its entry into force. 2. this Convention does not give right to perception of benefits relating to a period prior to its entry into force. 3. any period of insurance completed under the legislation of a Contracting State before the date of entry into force of the Convention, are taken into consideration for the determination of the right to a benefit granted in accordance with the provisions of this Convention. 4. this Convention does not apply to the rights that have been definitively settled for preset compensation or reimbursement of contributions. Article 29 review, prescription, expiry 1. Any benefit which has not been paid or that has been suspended by reason of the nationality https://www.boletinoficial.gob.ar/pdf/linkQR/QU9GcVU4UVVlOEpycmZ0RFhoUThyQT09 of the person concerned or his residence in the territory of the Contracting State other than that in which the debtor body, is will be assessed or reset at the request of the interested party after the entry into force of this Convention. 2. the rights of interested parties who have been granted prior to the entry into force of this Convention, the liquidation of a benefit, will be reviewed at their request, taking into account the provisions of this Convention. A review of these features in any case must have as a consequence a reduction of the earlier rights of the interested parties. 3. If the request referred to in paragraphs 1 or 2 of the present article is filed within the period of two years from the date of entry into force of this agreement, the rights granted according to the provisions of this Convention are acquired from such date, without the provisions of the legislation of one or other of the Contracting States relating to the forfeiture or the prescription of rights, are opposable to the interested parties. 4. If the request referred to in paragraphs 1 or 2 of the present article is filed after two years from the entry into force of this Convention, rights which have not forfeited, or that are not reached by the expiration will be acquired from the date of the application, with the exception of more favourable provisions of the legislation of the relevant Contracting State. Article 30 duration this agreement will have an indefinite. It may be denounced by one of the Contracting States by a written notification addressed to the other Contracting State, through diplomatic channels, with a twelve-month notice. Article 31 warranty of acquired rights or developing acquisition in the event of denunciation of this Convention, will remain the rights and payment of benefits acquired under the Convention. The Contracting States shall take their steps in regards to rights in the process of acquisition. Article 32 entry into force this Convention shall be ratified in accordance with the national legislation of each of the Contracting States. It shall enter into force the first day of the third month following the date on which both Contracting States have exchanged, through diplomatic channels, the instruments of ratification. In witness whereof, the duly authorised signatories, have signed the present Convention. Done at Buenos Aires, March 3, 2010, in two copies, in English languages, French and English, the three texts being equally authentic.
https://www.boletinoficial.gob.ar/pdf/linkQR/QU9GcVU4UVVlOEpycmZ0RFhoUThyQT09 0 date of publication: 04 / 08 / 2014 https://www.boletinoficial.gob.ar/pdf/linkQR/QU9GcVU4UVVlOEpycmZ0RFhoUThyQT09 1