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15 MARCH 2017. - Act enacting the Headquarters Agreement between the Kingdom of Belgium and the International Institute for Democracy and Electoral Assistance, done in Brussels on May 15, 2014 (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 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. The Headquarters Agreement between the Kingdom of Belgium and the International Institute for Democracy and Electoral Assistance, made in Brussels on May 15, 2014, will come out with its full effect.
Art. 3. This Act is effective May 15, 2014.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 March 2017.
PHILIPPE
By the King:
Minister of Foreign Affairs,
D. REYNDERS
The Minister of the Interior,
J. JAMBON
Minister of Justice,
K. GEENS
Minister of Social Affairs and Public Health,
Mr. DE BLOCK
Minister of Finance,
J. VAN OVERTVELDT
Seal of the State Seal:
Minister of Justice,
K. GEENS
____
Notes
(1) House of Representatives (www.lachambre.be):
Documents: 54-2121.
Full record:
(2) See Decree of the Flemish Community/ Flemish Region of 30/10/2015 (Moniteur belge du 26/11/2015), Decree of the French Community of 21/04/2016 (Moniteur belge du 04/05/2016), Decree of the German-speaking Community of 21/09/2015 (Moniteur belge du 14/10/2015), Decree of the Walloon Region of 03/03/2016 (Moniteur belge du 15/03/2016), Ordonnance
(3) Entry into force: 1^er May 2017 (art. 34)

Headquarters Agreement between the Kingdom of Belgium and the International Institute for Democracy and Electoral Assistance
The Kingdom of Belgium, referred to as "Belgium", represented by:
- the Federal Government,
- the Government of the French Community,
- the Flemish Government,
- the Government of the German-speaking Community,
- the Walloon Government,
- the Government of the Brussels-Capital Region;
and
The International Institute for Democracy and Electoral Assistance, referred to as "IDEA";
Considering the Convention establishing the International Institute for Democracy and Electoral Assistance, adopted by the States participating in the IDEA Founding Conference on 27 February 1995 in Stockholm, as amended on 24 January 2006, referred to as "the Convention";
Considering Article X of the Convention;
Responding to IDEA's desire to install a Bureau in Belgium, as described below as "the Bureau";
Desiring to enter into an agreement to determine the privileges and immunities necessary for the operation of the Office and for the proper fulfilment of the mission of its staff;
Considering that Belgium recognizes the international legal personality of IDEA;
Considering that these privileges and immunities are granted to the Bureau and its staff only in the interest of its independence and functioning in Belgium, and that the Bureau and its staff are always required to comply with Belgian laws and regulations;
The following agreed:
CHAPTER I^er. - Personality, privileges and immunities of the liaison office of the International Institute for Democracy and Electoral Assistance
Article 1^er
For the purposes of this Agreement,
(a) "the Bureau" is the IDEA liaison office, officially established in Belgium;
(b) "the official activities of the Bureau" are those that are necessary for the fulfilment in Belgium by the Office of General Interest Purposes and Statutory Missions of which it was assigned by IDEA under the Convention;
(c) "official use" means the shares and acquisitions of goods or services essential to the exercise by the Bureau in Belgium of its official activities or necessary for its proper operation, and the cost of which is permanently borne by IDEA;
(d) "architects" are all records, documents, manuscripts, electronic documents, data banks, photos, films, and audio and video recordings owned or detained by the Bureau or its staff for the exercise of their official activities in Belgium;
(e) "office premises" are the land and buildings or parts of buildings used by the Bureau only for the exercise of its official activities in Belgium;
(f) the "Office Director" is the senior officer of the Office;
(g) "Office staff" are all persons recruited by IDEA and employed in permanent employment under the IDEA Staff Regulations;
(h) "locally hired staff" is any person engaged by IDEA in accordance with Belgian labour law and does not hold a permanent employment of IDEA in respect of the mission and statutory rules of this Organization.
Article 2
The Office has legal capacity, including:
- contracting;
- acquire and dispose of movable and immovable property;
- judging.
Article 3
As part of its official activities, the Bureau is granted immunity from jurisdiction and enforcement unless:
(a) to the extent that the Office would have expressly waived such immunity in a particular case;
(b) in the event of a third party's civil action concerning persons or property, provided that this civil action does not relate directly to the official functioning of the Office;
(c) in the event of a civil action brought by a third party for the damage caused by an accident caused by a self-propelled vehicle belonging to the Bureau or circulating on its behalf or in the event of a violation of the regulation of motor traffic of the aforementioned vehicle;
(d) for the seizure, pursuant to a court decision, of the treatment and emoluments caused by IDEA to a staff member of the Bureau;
(e) in the event of a counterclaim directly related to a principal procedure initiated by the Bureau;
(f) for the execution of an arbitral award made under Article 32 of this Agreement.
Article 4
1. IDEA assets and assets used for the performance of the Office's official functions are not subject to any form of requisition, confiscation, sequester or other form of seizure or constraint.
2. If an expropriation was necessary, all appropriate arrangements would be made to prevent the Office from being obstructed. In this case, Belgium would provide assistance to allow the relocation of the Bureau.
Article 5
The Bureau's archives are inviolable.
Article 6
1. The premises used exclusively for the performance of office functions are inviolable. The Office Director's consent is required for access to its premises.
2. However, this consent is presumed to be acquired in the event of a claim requiring immediate protection.
3. Belgium will take all appropriate measures to prevent the Bureau's premises from being invaded or damaged, the peace of the troubled Bureau or its diminished dignity.
Article 7
The Office ' s freedom of communication for its official purposes is guaranteed. His official correspondence is inviolable.
Article 8
1. Without prejudice to the international provisions and European Community provisions in this regard, the Bureau may hold all currencies and have accounts in all currencies to the extent necessary for the execution of the operations that are relevant to its purpose.
2. Belgium undertakes to grant it the necessary authorizations to carry out, in accordance with the terms set out in the applicable national regulations and international agreements, all the movements of funds to which the Bureau's constitution and activity will take place.
Article 9
1. The Office, its assets, revenues and other assets are exempt from all direct taxes.
2. No direct tax exemption is granted for Bureau revenues derived from an industrial or commercial activity that would be carried out by the Bureau or by one of its members on behalf of the Bureau.
Article 10
Without prejudice to Belgium's obligations with respect to European Union treaties and the application of legal and regulatory provisions concerning public order, security, health or morals, the Bureau may import all goods and publications intended for its official use.
Article 11
Where the Office makes significant purchases of real property or furniture or performs significant service benefits, strictly necessary for the performance of its official activities and the cost of which includes indirect duties or T.V.A., appropriate arrangements shall be made whenever it is possible for the remission or repayment of the amount of these duties and taxes.
Article 12
The Bureau is exempted from any indirect taxes on goods imported, acquired or exported by it or on its behalf for its official use.
Article 13
The Office is exempt from any indirect taxes on official publications intended for it or sent abroad.
Article 14
In order to prevent the application of exemptions from competition, no exemption from indirect fees and taxes is granted for shares and acquisitions of goods or services intended to:
- to a professional activity other than the official use of the Bureau;
- an economic, industrial or commercial activity that would be carried out by the Bureau or by one of its members on behalf of the Bureau or on behalf of IDEA or a member State of IDEA;
- an activity carried out under a programme of another international organization;
- to serve the personal interests of the staff of the Office.
Article 15
Property belonging to the Bureau can only be disposed of in Belgium under the conditions prescribed by Belgian laws and regulations.
Article 16
The Office is not exempt from taxes, taxes or duties that are only the mere remuneration of public utility services.
Article 17
Without prejudice to the obligations that arise for Belgium of the treaties relating to the European Union and the application of the legal and regulatory provisions, the conditions and procedures for the application of articles 8, 9, 10, 11, 12, 13, 14 and 15 are determined by the competent Belgian authorities.
CHAPTER II. Staff regulations
Article 18
1. When participating in meetings organized by IDEA in Belgium, the members of the Council, the Appointments Committee, and the officials of IDEA visiting Belgium, shall, during the performance of their duties and during their travel to or from the place of the meeting of the following privileges and immunities:
(a) immunity from arrest or detention;
(b) immunity from jurisdiction for their words, writings and all acts performed by them in the performance of their official duties; this immunity remains even if the persons concerned have ceased to exercise their functions;
(c) Inviolability of all official documents, documents and materials;
(d) the right to use codes and to ship or receive official documents, correspondence or materials by courier or sealed bags;
(e) the exemption, for themselves and their legal spouses, of any restrictive measures relating to immigration, of any registration of aliens and of any national service obligations when they reside in or are in transit in the territory of Belgium;
(f) the same facilities for monetary or foreign exchange restrictions as those granted to representatives of foreign Governments on temporary official missions;
(g) the same immunities and facilities for their personal baggage as those granted to members of diplomatic missions of comparable rank.
2. Privileges and immunities are granted to persons referred to in paragraph 1 of this article not for their personal benefit but for the purpose of ensuring independently the exercise of their functions with respect to IFA. Therefore, all persons who enjoy such privileges and immunities have a duty to observe in all other respects Belgian laws and regulations.
3. The provisions of paragraphs 1 of this article, with the exception of paragraph 1(b), are not applicable to persons who are Belgian nationals or permanent residents in Belgium.
Article 19
1. The Director of the Office and his Deputy shall enjoy the immunities, privileges and facilities recognized to diplomatic staff in diplomatic missions. Their legal partner and their minor children, dependant and living in their homes, benefit from the benefits recognized to the spouse and minor children of diplomatic personnel.
2. The provisions of paragraph 1 of this article do not apply to Belgian nationals.
Rule 20
1. All staff members of the Office benefit from:
(a) the exemption of any salary, emoluments and allowances paid to them by IDEA; Belgium reserves the opportunity to take into account these salaries, emoluments and allowances for the calculation of the amount of tax payable on taxable income from other sources;
(b) Facilitated facilities for officials of international organizations with regard to currency or exchange regulations.
2. All staff members of the Office benefit from:
(a) immunity from jurisdiction for acts performed in their official capacity, including their words and writings, that immunity persists after termination of their duties;
(b) Inviolability for all official documents and documents.
3. All officials of the Bureau, as well as their legal spouse and their minor children, dependant and living in their homes, are not subject to immigration or registration procedures for foreigners. This exemption is granted in accordance with Belgian legislation.
4. For the performance of their official duties with the Bureau, officials of the Bureau are not subject to Belgian labour laws.
5. The Bureau notifies the arrival and departure of its officials to the Federal Public Service Foreign Affairs Protocol Directorate and also notifies the information specified below with respect to all its officials:
(a) name and first name
(b) place and date of birth
(c) sex
(d) nationality
(e) Main residence (commune, street, number)
(f) Civilian status
(g) household composition
(h) the social protection system chosen by the staff member
Any changes to the data specified above, as well as any changes to the social security regimes applied by IFA to Bureau officials, must be reported within two weeks to the Federal Public Service Foreign Service Protocol Directorate.
Article 21
1. The provisions of section 20.1(a) do not apply to pensions and annuities paid by IDEA to its former employees in Belgium or to their rights, salaries, emoluments and allowances paid by IDEA or the Bureau to its employees who are hired for a period of less than one year or to their locally hired staff.
2. The conditions and procedures for the application of section 20.1(a) and this section are determined by the Minister of Finance.
Article 22
1. Without prejudice to the obligations that arise for Belgium of the treaties relating to the European Union and the application of the legal and regulatory provisions, officials of the Bureau, apart from those mentioned in Article 19, shall enjoy the right during the twelve-month period following their first taking of functions to import or acquire, free from customs duties and the Value-Added Tax, furniture and a car intended for their personal use.
2. The Minister of Finance shall determine the limits and conditions of application of this Article.
3. Belgium is not required to grant its own permanent nationals or residents the benefits mentioned in paragraph 1 of this article.
Article 23
1. The Office will issue a specification sheet to all beneficiaries by March 1 of each year in addition to their name and address, the amount of salaries, emoluments, allowances, pensions or annuities paid to them by IDA or the Bureau during the previous year.
2. With respect to salaries, emoluments and allowances that are subject to the tax collected for the benefit of IDEA, this form also mentions the amount of this tax.
3. Similarly, the double sheets will be transmitted directly by IDEA before the same date to the competent Belgian tax administration.
Article 24
Belgium is not required to grant to its own permanent nationals or residents the benefits, privileges and immunities, except those mentioned in Article 20.1 (a) and 20.2 of this Agreement.
Rule 25
1. Officials of the Bureau who are not Belgian nationals or who do not have their principal residence in Belgium and who do not exercise any other profit-making occupation than that required by their functions may opt for affiliation with the social security regimes applicable to IFA personnel. This right of option must be exercised by the grievor within two weeks of his entry into office. It must be notified to the Federal Public Service Foreign Service Protocol Directorate within the same period.
2. The Bureau will ensure the affiliation with the Belgian social security system of its officials who are Belgian nationals or who have their main residence in Belgium, as well as other officials who have not opted for their own social security schemes.
3. The IDEA is committed to guarantee to officials of the Bureau who are affiliated with its own social security regimes, as well as their legal partner and their minor children, dependant and living in their homes benefits equivalent to those provided by the Belgian social security regime.
4. Belgium may obtain from the Bureau or IDEA the reimbursement of costs incurred for any social assistance that it would be required to provide to officials of the Bureau, who are affiliated with the social security schemes applicable to IDEA personnel. This provision applies by analogy to their legal spouse and minor children, dependent and living in their homes.
CHAPTER III. - General provisions
Rule 26
Privileges and immunities are granted to Bureau officials only in the interest of IDEA and not in their personal benefit. The Director of the Bureau must lift immunity in all cases where such immunity would hamper the action of justice and may be lifted without prejudice to the proper functioning of the Office.
Rule 27
IDEA, the Bureau and their officials are required to comply with the Belgian laws and regulations and the court decisions rendered against them.
Rule 28
The Bureau and all its officials will cooperate at all times with the competent Belgian authorities to facilitate the proper administration of justice, to ensure compliance with police regulations and to avoid any abuse of privileges, immunities and facilities provided for in this Agreement.
Rule 29
1. The persons referred to in sections 19 and 20 shall not enjoy immunity from jurisdiction in respect of cases of violations of the regulations on the movement of motor vehicles or of damage caused by a motor vehicle.
2. The Bureau and its officials must comply with all obligations under Belgian civil liability insurance law for the use of any motor vehicle.
Rule 30
Without prejudice to the rights conferred on the Bureau and its officials by this Agreement, Belgium retains the right to take all necessary precautions in the interest of its security.
Rule 31
Belgium does not rely on the Bureau's activity in its territory any international responsibility whatsoever for the acts and omissions of the Bureau or for those of its officials acting or abstaining in the course of their duties.
CHAPTER IV. - Final provisions
Rule 32
1. Any discrepancy with respect to the application or interpretation of this Agreement, which could not be resolved by direct negotiations between the Parties, may be submitted by one of the Parties to the assessment of an arbitration tribunal composed of three members.
2. Each party shall designate a member of the arbitration tribunal.
3. The third member of the Arbitration Tribunal shall be designated by both Parties after consultation.
4. The third member will be the President of the Arbitration Court.
5. In the event of disagreement with the person of the third member of the Arbitration Court, the latter shall be designated by the President of the International Court of Justice at the request of the Parties.
6. The arbitration tribunal shall be seized by either Party by way of an application.
7. The Arbitration Court sets out its own procedure.
Rule 33
The Bureau informs the Federal Public Service Directorate of the end of its activity in Belgium three months before its closure.
Rule 34
Each Party shall notify the other of the fulfilment of the domestic constitutional and legal procedures required for the implementation of this Agreement.
The Agreement shall enter into force on the first day of the second month following the date of exchange of the last notification, with effect from the date of signature, except with respect to Articles 3, 18.1 (b) and 19.1 and 20.2 (a) of that Agreement.
This Agreement may be subject to review at the request of one of the Parties.
In faith, the Representatives of the Kingdom of Belgium and the International Institute for Democracy and Electoral Assistance signed this Agreement.
Done in Brussels on 15 May 2014, in two copies, in French, English and Dutch, the three texts being equally authentic.