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Approve Is Agreement On Security Social.

Original Language Title: Apru├ębase Convenio sobre Seguridad Social.

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CONVENTIONS

Law 26,950

Approve the Convention on Social Security. Sanctioned: July 2, 2014 Enacted in Fact: July 31, 2014

The Senate and Chamber of Deputies of the Argentine Nation gathered in Congress, etc., are sanctioned by law:

ARTICLE 1-Approve the Convention on Social Security between the Argentine Republic and the Kingdom of Belgium, held in Buenos Aires, on 3 March 2010, consisting of thirty-two (32) articles, the authenticated photocopy of which is part of the present law.

ARTICLE 2 ┬░-Commune to the national executive branch.

-REGISTERED UNDER NO 26,950-

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, TWO THOUSAND AND FOURTEEN DAYS OF THE MONTH OF JULY OF THE YEAR.

JULIAN A. DOMINGUEZ. -Juan H. Estrada. -Lucas Chedrese. -Gerardo Zamora.

Agreement on Social Security between the Republic of Argentina and the Kingdom of Belgium The Republic of Argentina and the Kingdom of Belgium, encouraged by the desire to regulate reciprocal relations between the two States in the field of social security, agree the following: TITLE I General provisions Article 1 Definitions 1. For the purposes of this Convention: (a) The term 'Contracting States' means: the Republic of Argentina and the Kingdom of Belgium. (b) The term "Argentina" means the Republic of Argentina; the term "Belgium" means the Kingdom of Belgium. (c) The term "national" means: in respect of Argentina: a person of Argentine nationality. For Belgium: a person of Belgian nationality. (d) The term "legislation" means the laws, decrees, regulations and rules provided for in Article 2. e) The term "Competent Authority" means: As far as Argentina is concerned: the Ministry of Labour, Employment and Social Security, or whoever replaces it in its competences in the future.

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With regard to Belgium: to the competent ministers each in their jurisdiction, the application of the legislation referred to in Article 2 (1) (b). The term "Competent Institution" means: The Agency or the authority responsible for apply, in whole or in part, the legislation referred to in Article 2. (g) The term "Liaison Agency" means: the Agency for Coordination and Information between the competent institutions of the two Contracting States involved in the application of this Convention and the information to the interested parties on the rights and obligations arising therefrom. (h) The term "insurance period" means any period recognised as such by the legislation under which this period has been completed, as well as any period recognised by this legislation as being equivalent to an insurance period. (i) the term "benefit" means any pension or any benefit in money or in kind provided for in the legislation referred to in Article 2 of this Convention, including supplements, increases or updates. 2. Any term not defined in the numeral first of this Article, has the meaning attributed to it by the legislation that is applied. Article 2 Field of material application 1. This convention applies: A. As regards Argentina, to the laws relating to: (a) the contributory benefits of social security, in respect of benefits arising from the contingencies of old age, invalidity and survival, administered by national, provincial, public or professional officials and municipal bodies; and in respect of Title II only to the laws relating to: (b) to the social security of workers (c) The social security of independent workers. B. With regard to Belgium, to the laws relating to: (a) the benefits of old age and the survival of employees and selfemployed workers; (b) the invalidity insurance of employees of workers, (c) The social security of employees; d) The social status of employees; and in the case of the social security of employees, the social status of workers, the social status of workers, the social status of workers, the social status of workers, the social status of workers independent. 2. This Convention shall also apply to all legislative or regulatory acts which amend or supplement the laws listed in the numeral 1 of this Article. This Convention shall apply to legislative or regulatory acts extending existing schemes to new categories of beneficiaries, in the absence of opposition from the Contracting State amending its legislation, notified to the another Contracting State within six months of the official publication of those acts. This Convention does not apply to legislative or regulatory acts establishing a new branch of social security, unless an agreement is concluded for that purpose between the Competent Authorities of the two Contracting States. Article 3 Field of personal application Except as otherwise provided in this Convention, the latter shall apply to persons, irrespective of their nationality, who are subject to or who have acquired rights under the laws of the Member States. referred to in Article 2, as well as to the right holders, members of the family and

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survivors of such persons. Article 4 Equal treatment Unless otherwise provided for in this Convention, the persons referred to in Article 3 have the obligations and correspond to the rights provided for in the legislation of each Contracting State, under the same conditions as nationals of that State. Article 5 Export of Prstations 1. Unless otherwise provided for in this Convention, the benefits acquired under the legislation of one of the Contracting States may not be suspended or be subject to any reduction or modification by reason of the fact that the the beneficiary is located or resident in the territory of the other Contracting State. 2. Old-age and survivor 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 in the same State. conditions which, in the case of nationals of the first State resident in the territory of that third State. 3. The provisions of the foregoing paragraph shall also apply to the final invalidity benefits granted by the Argentine Competent Institution when its national holders of the other State reside in a third State. Article 6 Provisions for reduction or suspension 1. Any provision for the reduction or suspension of a benefit provided for in the legislation of a Contracting State, applicable in the event of the accumulation of a benefit with other social security benefits or with other income or the fact of the exercise of an employment activity in the territory of this Contracting State, is equally applicable to benefits due under the law of the other Contracting State or to the income obtained or the product of an employment activity carried out in the territory of that other Contracting State. 2. However, for the application of this rule, the same type of benefits which are settled by the competent institutions of the two Contracting States, in accordance with the provisions of Articles 12 and 16, are not taken into account. of this Convention. TITLE II Provisions determining the applicable legislation Article 7 General rules 1. Without prejudice to Articles 8 to 10 of this Convention, the applicable legislation is determined in accordance with the following provisions: (a) The person carrying out an employment activity in the territory of one of the Contracting States is subject to the legislation of that State; (b) The person engaged in a work activity on board a flag vessel of one of the States (c) The person who is a member of the staff of a company who carries out, on behalf of others or on his own account, air transport, is subject to the legislation of the State in which he has his habitual residence; international passengers or goods and that is based in the territory of one of the States It is subject to the legislation of the latter State. However, where the undertaking has a branch or a permanent representation in the territory of the other Contracting State, the employee employed in the latter is subject to the legislation of the Contracting State in whose territory it is finds the branch. 2. In the event of the simultaneous exercise of an independent professional activity in Belgium and

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Argentina, the activity carried out in Argentina shall be treated as an employed activity carried out in Belgium, in order to determine the obligations resulting from Belgian legislation relating to the social status of independent workers. Article 8 Particular Rules 1. (a) the employee who, in the service of an undertaking which has in the territory of one of the Contracting States its principal place of business or a branch in which it is normally employed, is temporarily allocated by that undertaking to the the territory of the other Contracting State in order to carry out a work on behalf of this company, is subject only to the legislation of the first Contracting State as if it continues to be occupied in its territory, provided that the duration expected of the work to be performed does not exceed twenty-four months and is not sent in substitution of another worker when the time limit for his temporary transfer is fulfilled. (b) The provisions of (a) are equally applicable to family members accompanying the employee to the territory of the other Contracting State, unless they engage in an activity of an employed or self-employed person in the territory of that Contracting State. 2. Where the movement referred to in paragraph 1 of this Article exceeds 24 months, the competent authorities of the two Contracting States or the competent institutions designated by them may agree that the employee is only subject to the legislation of the first Contracting State. However, this extension may not be extended for a period exceeding 30 months. This extension shall be requested before the end of the initial period of 24 months. 3. Paragraph 1 of this Article applies where a person sent by his employer from the territory of a Contracting State to 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 that employer. 4. Where a person is subject to the law of a Contracting State in which he habitually pursues an independent activity in the territory of that Contracting State and who is temporarily pursuing a similar independent activity, only in the territory of the other Contracting State, that person shall remain subject to the legislation of the first State, as if she continued to work in the territory of the first Contracting State, provided that the foreseeable duration of the independent activity in the territory of the other Contracting State does not exceed 24 months. 5. Where the independent activity in the territory of the other Contracting State provided for in paragraph 5 of this Article extends beyond 24 months, the competent authorities of the two Contracting States or the competent institutions designated by these competent authorities may agree that the independent worker is subject only to the legislation of the first Contracting State. However, this extension may not be granted for a period exceeding 30 months. This extension shall be requested before the end of the initial period of 24 months. 6. In the cases provided for in points 4 and 5 of this Article, persons included must be accredited in advance of health coverage in the State of origin. Article 9 Officials, members of diplomatic and consular missions 1. The staff members of the Diplomatic Missions and the 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 24 April 1963. 2. Persons engaged in a Diplomatic Mission or by a Consular Office of one of the Contracting States in the territory of the other Contracting State are subject to the legislation of that State.

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Last State. Where the diplomatic mission or the consular post of one of the Contracting States occupies persons who are subject to the legislation of the other Contracting State, the mission or office must fulfil the 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 shall not apply to honorary members of a consular post or to persons employed in the private service of such persons. 5. Officials and similar staff are subject to the legislation of the Contracting State under whose administration they are responsible. These persons, as well as the members of their family, are considered, for these purposes, as residents of the territory of this Contracting State, even if they are located in the other territory of the Contracting State. 6. The provisions of this Article shall also apply to family members who accompany the persons referred to in points 1 and 5 who live in the territory of the receiving country, unless they themselves carry out an activity. work. Article 10 Exceptions the competent authorities or the competent institution designated by those authorities may, by common accord, in the interests of certain insured persons or certain categories of insured persons, derogate from the provisions of the Articles 7 to 9. TITLE III Provisions Relating to Benefits Chapter 1 Totalization-General Rules Article 11 Totalling of insurance periods 1. Without prejudice to the provisions of the numeral 2 of this Article, periods of insurance and similar periods completed in accordance with the legislation on the benefits of one of the Contracting States shall be aggregated, if necessary, with the the condition that it does not overlap with the periods of insurance completed under the law of the other Contracting State for the purposes of acquiring, maintaining or recovering the right to benefits. Where two periods recognised as periods equivalent to a period of insurance coincide, only the period completed in the Contracting State where the person concerned has worked before this period shall be taken into account. 2. Where the legislation of any of the Contracting States provides for the granting of certain benefits to the condition that the periods of insurance have been completed in a given activity, they shall be counted only, for the purposes of admission to the benefit of such benefits, periods of insurance completed or recognised as equivalent in the same activity in the other Contracting State. 3. Where the legislation of any of the Contracting States makes provision for certain benefits under the condition that the periods of insurance have been completed in a given activity and when these periods were not able to give rise to the right to such benefits, such periods shall be regarded as valid for the liquidation of the benefits provided for by the general scheme in Argentina and in respect of Belgium, shall apply only to the general scheme of the salaried workers. Article 12 Calculation of the Prstations

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1. Where a person complies with the conditions required by the legislation of one of the two Contracting States to be entitled to benefits without the need for aggregation, the Competent Institution of the State concerned calculate the right to benefit directly on the basis of periods of insurance completed in that Contracting State and only on the basis of its own legislation. The institution shall also calculate the amount of the benefit to be obtained by applying the numeral 2 of this Article. Only the highest amount will be paid. In the case of Belgium, this paragraph applies only to benefits of old age and survival. 2. If a person intends a benefit to which he would be entitled only by totaling the periods of insurance under Article 11, the following rules shall apply: (a) The relevant Competent Institution shall calculate the theoretical amount of the benefit which should be as if all the periods of insurance completed under the laws of the two Contracting States had been carried out only under the legislation which it applies; (b) the corresponding competent institution shall subsequently calculate the amount due, on the basis of the amount referred to in subparagraph (a), in proportion to the duration of the periods of insurance completed only under its legislation, in relation to the duration of all periods of insurance computed according to the literal (a). 3. The mere fact that this Convention is applicable to it shall not have the effect of reducing the rights of the person concerned. Article 13 Determination of Incapacity 1. For the purpose of determining the reduction in the percentage of the working capacity for the purpose of granting the corresponding invalidity benefits, the competent institution of each of the Contracting States shall carry out their assessment. in accordance with the legislation that she applies. 2. For the purposes of applying the provisions of paragraph 1 above, the competent institution of the Contracting State in whose territory the applicant resides shall make available to the competent institution the other State, its application and the free form, the medical reports and documents you have in your possession. 3. At the request of the competent institution of the Contracting State whose legislation is applied, the competent institution of the Contracting State in whose territory the applicant resides shall carry out the necessary medical examinations for the assessment of the situation of the applicant. Medical examinations which correspond solely to the interest of the first institution mentioned above shall be taken in full by the institution, in accordance with the procedures laid down in the administrative agreement provided for in Article 19. Article 14 New calculation of benefits 1. If, because of the increase in the cost of living, the variation in the level of wages or for other reasons, the benefits of old age, the survival or invalidity of one of the Contracting States are subject to a change in a percentage or amount (a) a new calculation of the benefits of old age, survival or invalidity is not the case. 2. On the other hand, in the event of changes in the way in which the benefits of old age are established, the survival or invalidity, or the variation of their rules of calculation, a recalculation shall be carried out in accordance with Articles 12 or 16. Chapter 2 Application of the Belgian legislation Article 15 For the acquisition, maintenance or recovery of the right to invalidity benefits, the

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provisions of Article 11 apply by analogy. Article 16 1. If the right to Belgian invalidity benefits arises solely from the aggregation of the periods of Argentine and Belgian insurance effected under Article 15, the amount of the benefit due is determined in accordance with the established by Article 12, numeral 2. 2. Where the right to Belgian invalidity benefits arises without the need for recourse to the provisions of Article 15 and the amount resulting from the sum of the Argentine benefit and the Belgian benefit calculated according to the numeral 1 of the This Article is less than the amount of the benefit due, on the basis of the Belgian legislation alone, the Belgian Competent Institution will provide a supplement equal to the difference between the sum of the two specified benefits and the amount due solely to the Belgian legislation. Article 17 Notwithstanding the provisions of Article 15, in the cases referred to in Article 16 numeral 1, no invalidity benefit is due by Belgium when the periods of insurance completed under its legislation, before the risk verification, do not, as a whole, reach a year. Article 18 By way of derogation from Article 5 of this Convention, the holder of an invalidity benefit under Belgian law retains the benefit of this benefit in the course of a stay in the other State, when this stay has been previously authorised by the Belgian Competent Institution. However, this authorisation can only be rejected when the stay occurs in the period in which, under Belgian law, the Belgian Competent Institution is required to carry out the assessment or review of the state of invalidity. TITLE IV Provisions Several Article 19 Powers of Competent Authorities The Competent Authorities: (a) take, by administrative agreement, the measures necessary for the implementation of this Convention and designate the Liaison Bodies and the Competent Institutions; (b) define the procedures for administrative mutual assistance, including (c) information relating to measures taken for the purpose of obtaining medical, administrative and other certificates necessary for the implementation of this Convention; implementation of this Convention; (d) they communicate in the shortest time and directly, any amendments to its legislation which may affect the application of this Convention. Article 20 Administrative cooperation 1. For the purposes of this Convention, the Competent Authorities and the Competent Institutions of each of the Contracting States shall give each other their good offices, as if they were the application of their own legislation. This mutual aid is in principle free of charge; however, the competent authorities may be reimbursed for certain expenses. 2. The benefit of exemptions or reductions in taxes, timbres, actuarial, or registration provided for by the legislation of one of the Contracting States for certificates or documents issued or extended pursuant to the legislation of that State, shall extend to the certificates and similar documents issued or extended pursuant to the legislation of the other State. 3. The minutes and documents issued or extended pursuant to this Convention shall be

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exonerated from the visas of legalization of the diplomatic or consular authorities. 4. For the purposes of this Convention, the Competent Authorities and the Liaison Bodies of the Contracting States are entitled to communicate directly with each other. Communications may be made in any of the official languages of the Contracting States. Article 21 Personal data communication 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 relating to the income of persons who are the institution of a Contracting State. needs to know for the implementation of social security or social assistance legislation. 2. The communication of personal data by the institution of a Contracting State is subject to the protection of data protection legislation of this Contracting State. 3. The preservation, processing or dissemination of personal data by the institution of the Contracting State to which they are communicated are subject to the legislation on the protection of the data of this Contracting State. 4. The data referred to in this Article may not be used for purposes other than the application of the laws relating to social security or social assistance. Article 22 Applications, declarations and appeals The applications, declarations or appeals which should have been submitted, in accordance with the law of one of the Contracting States, within a period determined by an authority, a body or a the jurisdiction of that State shall be deemed to have been submitted within the same period to an authority, body or jurisdiction of the other Contracting State. In such a case, the receiving authority, body or jurisdiction shall, without delay, transmit such requests, declarations or appeals to the authority, the body or the jurisdiction of the first Contracting State, either directly or through the Competent authorities of the Contracting States. The filing date of such claims, declarations or remedies before an authority, body or jurisdiction of the other Contracting State is considered to be the filing date with the competent authority, body or jurisdiction to be known. A request or a document cannot be rejected as it has been written in an official language of the other Contracting State to be known. Article 23 Payment of benefits The debtors of benefits as a result of this Convention shall pay them validly in the currency of their own State. Transfers resulting from the application of this Convention are made in accordance with the agreements in force in this area between the two Contracting States. The provisions of the law of a Contracting State in respect of the control of changes cannot be an obstacle to the free transfer of financial amounts resulting from the application of this Convention. Article 24 Settlement of disputes The differences concerning the interpretation and execution of this Convention shall be resolved, as far as possible, by the Competent Authorities. Article 25 Implementation procedure 1. Enforceable decisions given by a court of one of the Contracting States, as well as the implementing acts dictated by the authority or institution of one of the Contracting States,

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relating to social security contributions or contributions and other applications, in particular for the recovery of undue benefits, are recognised in the territory of the other Contracting State. 2. Recognition may be rejected only where it is incompatible with the legal principles of the Contracting State in whose territory the decision or act is to be enforced. 3. The procedure for the enforcement of decisions and acts which have become final must be in accordance with the legislation governing the implementation of those resolutions and acts of the Contracting State in whose territory the takes place. The decision or act must be accompanied by a certificate attesting to its enforceability. 4. The contributions and contributions due have, in the context of an execution procedure, bankruptcy or forced liquidation in the territory of the other Contracting State, the same order of priority as the equivalent claims in the territory of that Contracting State. 5. The claims to be recovered or a forced recovery are protected by the same privileges and guarantees as the claims of the same nature of an institution located in the territory of the Contracting State where the recovery or Forced recovery takes place. Article 26 Recovery of undue payments Where the institution of one of the States has paid a beneficiary a sum exceeding the sum to which it is entitled, this institution may, under the conditions and within the limits laid down in this Article by the legislation which it applies, to ask the institution of the other State for payment of benefits in favour of this beneficiary to withhold the amount paid in excess of the sums paid to that beneficiary. The latter institution shall carry out the retention under the conditions and within the limits laid down for such compensation by the legislation which it applies as if it were sums paid in excess by itself and shall transfer the amount withheld to the the lending institution. Article 27 Cooperation in the fight against fraud In addition to the application of the general principles of administrative cooperation, the competent authorities shall, in administrative agreement, agree on the modalities according to which they are provide assistance in the fight against fraud involving the frontiers of a Contracting State in the field of payment of contributions and social security benefits, in particular as regards the effective residence of persons, the assessment of the resources, the calculation of the contributions and the cumulative benefits. TITLE V Transitional and Final Provisions Article 28 Contingencies prior to the entry into force of Convention 1. This Convention also applies to the contingencies which took place prior to its entry into force. 2. This Convention does not confer the right to receive benefits in respect of a period prior to its entry into force. 3. Any period of insurance completed under the law of one of the Contracting States before the date of entry into force of this Convention is taken into consideration for the determination of the right to a benefit granted under the provisions of this Convention. 4. This Convention does not apply to rights which have been definitively settled by a pre-established indemnity or by the reimbursement of contributions. Article 29 Review, prescription, expiry 1. Any benefit which has not been settled or which has been suspended due to nationality

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the person concerned or because of his/her residence in the territory of the Contracting State other than that in which the debtor is located, shall be settled or re-established at the request of the person concerned as from the entry into force of this Convention. 2. The rights of the persons concerned who have obtained, prior to the entry into force of this Convention, the liquidation of a benefit, shall be reviewed for their application, taking into account the provisions of this Convention. A review of these characteristics in no case should result in a reduction in the previous rights of the interested parties. 3. If the application referred to in points 1 or 2 of this Article is filed within two years from the date of entry into force of this Convention, the rights granted under the provisions of this Convention shall be they are acquired from that date, without the provisions of the legislation of one or the other of the Contracting States relating to the expiry or limitation of the limitation of the rights of the persons concerned. 4. If the application referred to in points 1 or 2 of this Article is filed after two years after the entry into force of this Convention, the rights that are not attained by the expiration or have not been prescribed shall 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 Convention shall have an indefinite duration. It may be denounced by one of the Contracting States by means of a written notification addressed to the other Contracting State on the diplomatic track, with a warning of 12 months. Article 31 Guarantee of acquired rights or in terms of acquisition In the event of denunciation of this Convention, the rights and payments of benefits acquired under the Convention shall be maintained. The Contracting States shall take their revenue in respect of the rights under way of acquisition. Article 32 Entry into force This Convention shall be ratified in accordance with the internal legislation of each of the Contracting States. It shall enter into force on the first day of the third month following the date on which the two Contracting States have exchanged, by diplomatic means, the instruments of ratification. In faith of which the signatories, duly authorised, have signed this Convention. Done at Buenos Aires, on 3 March 2010, in two copies, in Spanish, French and Dutch languages, being the three equally authentic texts.

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Date of publication: 04/08/2014

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