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Law On Consent To The Agreement Between The Kingdom Of Belgium, Represented By Its Government, And The State Of Israel, Represented By His Government, On Operating Profit By Some Members Of The Family Of Staff From Missions Di

Original Language Title: Loi portant assentiment à l'Accord entre le Royaume de Belgique, représenté par son Gouvernement, et l'Etat d'Israël, représenté par son Gouvernement, sur l'exercice d'activités à but lucratif par certains membres de la famille du personnel de missions di

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http://www.ejustice.just.fgov.be/eli/loi/2015/12/26/2017011774/monitor

26 DECEMBER 2015. - An Act to approve the Agreement between the Kingdom of Belgium, represented by its Government, and the State of Israel, represented by its Government, on the exercise of for-profit activities by certain members of the family of personnel of diplomatic missions or consular posts, done in Jerusalem on November 11, 2013 (1)(2)(3)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. The Agreement between the Kingdom of Belgium, represented by its Government, and the State of Israel, represented by its Government, on the exercise of for-profit activities by certain members of the family of personnel of diplomatic missions or consular posts, made in Jerusalem on 11 November 2013, will come out its full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Ciergnon, December 26, 2015.
PHILIPPE
By the King:
Minister of Foreign and European Affairs,
D. REYNDERS
Minister of Employment,
K. PEETERS
The Minister of the Interior,
J. JAMBON
Minister of Justice,
K. GEENS.
The Minister of Social Affairs,
Mr. DE BLOCK
Minister of Finance,
J. VAN OVERTVELDT
Minister of Independents,
W. BORSUS
Seal of the State Seal:
Minister of Justice,
K. GEENS
____
Notes
(1) House of Representatives (www.lachambre.be):
Documents: 54-1304
Full report : 26/10/2015
(2) See Decree of the Flemish Community/Flemish Region of 22/01/2016 (Belgian Monitor of 12/02/2016), Decree of the German-speaking Community of 12/12/2016 (Belgian Monitor of 06/01/2017 ), Decree of the Walloon Region of 16/02/2017 (Belgian Monitor of 24/03/2017), Order of the Brussels-Capital Region of 08/12/2016 (Belgium Monitor of 24/03/2017).
(3) Effective date: 01/06/2017 (art. 8)

Agreement between the Kingdom of Belgium, represented by its Government, and the State of Israel, represented by its Government, on the exercise of for-profit activities by certain members of the family of personnel of diplomatic missions or consular posts
The Kingdom of Belgium, represented by its Government,
and
The State of Israel, represented by its Government,
(hereinafter referred to as "Parties");
Aware that members of the family of a member of a diplomatic mission or consular post in his household, in particular legal partners, may wish to work in the State where the member of the diplomatic mission or consular post is assigned;
Desirous of facilitating the exercise of a for-profit activity in the host State by the said family members;
The following agreement was reached:
ARTICLE 1er
Authorization to conduct a for-profit activity
1. Members of the family who are part of the household of a member of a diplomatic mission or a consular post of the sending State appointed to carry out an official mission in the receiving State will be allowed to carry out a for-profit activity in the receiving State in accordance with the provisions of the legislation of the host State and the provisions of this Agreement.
2. The host State will retain the right to refuse permission to work in certain areas, including:
(a) if the employer is the host State, including its semi-autonomous organizations and foundations, public and semi-public enterprises;
(b) if the exercise of the activity affects national security.
3. Authorization to work granted to family members ends:
(a) where the beneficiary of the authorization loses the status of "member of the family" under section 2 (2); or
where the official function of the person assigned to the diplomatic or consular career mission is terminated, or no later than the expiration of a three-month period.
ARTICLE 2
Definitions
For the purposes of this Agreement:
1. "A member of a diplomatic mission or consular post" means any person employed by the sending State who is neither a national nor a permanent resident of the receiving State and is responsible for an official mission within a diplomatic mission or consular post in the receiving State.
2. "A family member" of a diplomatic mission or consular post means:
(a) the spouse, common-law partner, or legal partner, in accordance with the legislation of the sending State;
single children under the age of eighteen dependent on a diplomatic officer or consular officer.
ARTICLE 3
Procedures
1. The exercise in the receiving State of a for-profit activity by a family member shall be governed by the provisions of this Agreement and shall be subject to the prior authorization of the competent authorities. A request for this purpose will be sent, on behalf of the member of the family, by the embassy of the sending State to the direction of the Protocol of the Ministry of Foreign Affairs of the State of Israel or the direction of the Protocol of the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium, as appropriate. The request will specify the requested employment, the contact details of the potential employer and any other information requested by the competent authority in accordance with its procedures and procedures. The competent authorities of the host State, after having ascertained whether the person concerned falls within the categories defined in this Agreement and considered the applicable legislation, regulations and internal provisions, will inform the embassy of the sending State, through the service of the protocol of the Ministry of Foreign Affairs of the receiving State, that the person is authorized to exercise the requested employment, in accordance with the applicable law of the receiving State.
2. The procedures will be applied in such a way that the recipient of the authorization can undertake a for-profit activity as soon as possible; all provisions governing work permits and other similar procedures shall be applied in a favourable manner. If, at any time after receiving a work permit in the State of Israel, the member of the family wishes to change an employer, he will have to apply for a new authorization.
3. The authorization to perform a for-profit activity will not result in a waiver for the family member to meet all requirements and procedures or to pay the costs normally associated with the exercise of any for-profit activity, whether personal data, professional, commercial or other qualifications. For professions requiring special qualifications, the family member will not be exempt from meeting the applicable requirements. The provisions of this Agreement shall in no way imply the recognition by the other Contracting Party of a degree necessary for the exercise of the profession.
ARTICLE 4
Civil or administrative privileges and immunities
In the event that members of the family enjoy the immunity of jurisdiction in civil or administrative matters in the host State, pursuant to the provisions of the 1961 Vienna Convention on Diplomatic Relations, or the rules of customary international law set out in the 1963 Vienna Convention on Consular Relations, this immunity will not apply to acts or omissions arising from the exercise of civil activity and returning to the field of civil law. For the execution of any pronounced judicial decision, the sending State must proceed to a specific lifting of the execution immunity.
ARTICLE 5
Immunity in criminal matters
In the event that members of the family enjoy the immunity of criminal jurisdiction in the host State, under the provisions of the 1961 Vienna Convention on Diplomatic Relations or in accordance with the rules of customary international law enshrined in the 1963 Vienna Convention on Consular Relations:
(a) the sending State shall lift the immunity of criminal jurisdiction enjoyed by the beneficiary of the authorization in respect of the receiving State for any act or omission arising out of the exercise of the for-profit activity, except in special cases where the sending State considers that such measure may be contrary to its interests;
(b) this waiver of immunity from criminal jurisdiction will not be considered to extend to immunity from enforcement of judicial decisions, immunity for which a specific waiver will be required. In the case of such a specific request, the sending State will examine in depth the request of the receiving State.
ARTICLE 6
Tax and social security regime
In accordance with the 1961 Vienna Convention on Diplomatic Relations, the rules of customary international law contained in the 1963 Vienna Convention on Consular Relations, or any other bilateral agreement between the parties, the members of the family concerned are subject to the tax and social security regimes of the host State for all matters related to the exercise of their profit activity in that State.
ARTICLE 7
Settlement of disputes
Any dispute or dispute relating to the interpretation or application of this Agreement shall be resolved through mutual consultations.
ARTICLE 8
Entry into force
This Agreement shall enter into force on the first day of the second month following the date of exchange of the last notification of the fulfilment of the required legal requirements. This Agreement shall remain in force until its denunciation by one of the parties, subject to a notice of six (6) months in writing by the diplomatic channel.
In faith, the undersigned, duly authorized by their respective Governments, have signed this Agreement.
Done at Jerusalem on 11 November 2013 corresponding to the 8th day of the month of Kislev of 5774 of the Hebrew calendar, in two original copies, each in English, French, Dutch and Hebrew languages, all texts being equally authentic. The English language text will prevail in the event of a discrepancy of interpretation.