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Law Approving The Headquarters Agreement Between The Kingdom Of Belgium And The Economic Community Of The African States Of The West, Signed In Brussels On July 12, 2006 (1) (2) (3).

Original Language Title: Loi portant assentiment à l'Accord de siège entre le Royaume de Belgique et la Communauté économique des Etats de l'Afrique de l'Ouest, signé à Bruxelles le 12 juillet 2006 (1)(2)(3)

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belgiquelex.be - Carrefour Bank of Legislation

10 JUIN 2014. - An Act to approve the Headquarters Agreement between the Kingdom of Belgium and the Economic Community of West African States, signed in Brussels on 12 July 2006 (1)(2)(3)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Headquarters Agreement between the Kingdom of Belgium and the Economic Community of West African States, signed in Brussels on 12 July 2006, will come out its full and full effect.
Art. 3. This Act is effective July 12, 2006.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 June 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of Foreign Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of the Interior,
Ms. J. MILQUET
Deputy Prime Minister
and Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
The Minister of Justice,
Ms. A. TURTELBOOM
The Minister of Finance,
K. GEENS
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
___
Notes
(1) Senate (www.senate.be):
Documents: 5-2755
Annales du Senate : 04/03/2014
House of Representatives (www.lachambre.be):
Documents: 53-3535
Full report : 23/04/2014.
(2) See Decree of the Flemish Community/Flemish Region of 20 June 2008 (Belgian Monitor of 29/08/2008), Decree of the French Community of 21 January 2016 (Belgian Monitor of 12/02/2016), Decree of the German-speaking Community of 19 April 2010 (Belgian Monitor of 19/05/2010), Decree of the Walloon Region of 3 March 2016 (Belgianish Monitor of 15/03/2016), Order of the Belgian Region
(3) Effective date: 23/03/2016.

SIEGE AGREEMENT
ENTER
BELGIUM ROYAUME
AND
THE ECONOMIC COMMUNITY OF THE WORLD AFRICA
BELGIUM,
hereinafter referred to as "Belgium",
and
THE ECONOMIC COMMUNITY OF THE AFRICA OF THE WEST,
hereinafter referred to as "ECOWAS";
VU ECOWAS Treaty signed on 24 July 1993;
REPONDING ECOWAS' desire to establish a liaison office in Belgium, as described below as the "office";
REQUESTS to enter into an agreement to determine the privileges and immunities necessary for the operation of the Office and for the proper performance of its staff;
The following agreed:
CHAPTER I
PERSONALITY, PRIVILEGES AND IMMUNITES
DU BUREAU DE LIAISON DE LA COMMUNAUTE ECONOMIQUE
OF THE WORLD AFRICA
Article 1
International legal personality and capacity are recognized in the Office.
Article 2
ECOWAS assets and assets used in the exercise of the official functions of the Office shall enjoy immunity from jurisdiction except as ECOWAS expressly waives it.
Article 3
1. ECOWAS assets and assets used in the exercise of the official functions of the Office may not be 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 4
The archives of the Bureau and, in general, all documents belonging to ECOWAS or held by it or by one of its officers are inviolable.
Article 5
1. The premises used exclusively for the performance of office functions are inviolable. ECOWAS 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 troubled ECOWAS peace or its diminished dignity.
Article 6
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 ECOWAS the necessary authorizations to carry out, in accordance with the terms set out in the applicable national regulations and international agreements, all movements of funds to which the constitution and activity of the Bureau will take place.
Article 7
1. The Office, its assets, revenues and other property owned and used for its official use are exempt from all direct taxes.
2. No direct tax exemption is granted for ECOWAS revenues derived from an industrial or commercial activity that would be carried out by ECOWAS or the Bureau or one of its members on behalf of ECOWAS or the Bureau or a member of ECOWAS.
Article 8
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 9
The Bureau is exempt from any indirect taxes in respect of goods imported, acquired or exported by it or on its behalf for its official use.
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
The Office is exempt from any indirect taxes on official publications intended for it or sent abroad.
Article 12
The property belonging to ECOWAS can only be disposed of in Belgium under the conditions prescribed by Belgian laws and regulations.
Article 13
The Office is not exempt from taxes, taxes or duties that are only the mere remuneration of public utility services.
Article 14
The Office ' s freedom of communication for its official purposes is guaranteed. His official correspondence is inviolable.
Article 15
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 terms and conditions for the application of Articles 7, 8, 9, 10, 11 and 12 and the exemptions resulting from Article 17.1 (a) are determined by the Minister of Finance of the Belgian Government.
CHAPTER II
STATUS OF PERSONNEL
Article 16
The Chief of the Office and its Deputy shall be granted the immunities, privileges and facilities recognized to diplomatic personnel in diplomatic missions. Their spouse and dependent children, living in their homes, benefit from the benefits recognized to the spouse and minor children of diplomatic personnel.
Article 17
1. All staff and officers of the Office are entitled to:
(a) the exemption of any tax on salaries, emoluments and allowances paid to them by ECOWAS, beginning on the day that such income will be subject to a tax for the benefit of ECOWAS, subject to Belgium's recognition of the domestic tax system; 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 and officers of the Office are entitled to:
(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 and officers of the Bureau, as well as their legal spouse and dependent children living in their homes, are not subject to immigration or registration procedures for foreigners. This exemption is granted in accordance with Belgian legislation.
4. The Bureau notifies the arrival and departure of its officials to the Federal Public Service Protocol Directorate for Foreign Affairs and also notifies the information specified below with respect to all its officials and agents:
(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 shall be reported within fifteen days to the Federal Public Service Foreign Service Protocol Directorate.
Article 18
The provisions of Article 17.1 (a) do not apply to pensions and annuities paid by ECOWAS to its former civil servants and agents in Belgium or to their rights, salaries, emoluments and allowances paid by ECOWAS or the Bureau to its agents engaged for a period of less than one year or who do not occupy a permanent job of ECOWAS in respect of the mission and the statutory rules of ECOWAS.
Article 19
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 and agents of the Bureau, apart from those mentioned in Article 16, shall enjoy the right during the twelve-month period following their first taking of functions to import or acquire, free of import rights and the Value-added Tax, furniture and a car intended for their use.
2. The Minister of Finance of the Government of Belgium sets the limits and conditions of application of this article.
Rule 20
Belgium is not required to grant to its own permanent nationals or residents the benefits, privileges and immunities, except those mentioned in Article 17.1 (a) and 17.2 of this Agreement.
Article 21
For the exercise of their official duties with ECOWAS, officials and officers of the Bureau are not subject to Belgian legislation in the field of employment of foreign labour and in the exercise by foreigners of independent professional activities.
Article 22
The Office will issue a specification sheet to all beneficiaries by 1 March of each year, in addition to their name and address, the amount of salaries, emoluments, allowances, pensions or annuities paid by ECOWAS during the previous year.
With respect to salaries, emoluments and allowances that are subject to the tax collected for ECOWAS, this form also mentions the amount of this tax.
Similarly, the double sheets will be transmitted directly by the Bureau before the same date to the competent Belgian tax administration.
Article 23
1. Officials and officers of the Bureau who are neither Belgian nationals nor permanent residents in Belgium and who do not exercise any other occupation of a profit nature other than that required by their official duties with ECOWAS may opt to join the social security regimes applicable to officials and agents of ECOWAS according to the rules of these regimes. This right of option must be exercised within fifteen calendar days of the employee's or officer's appointment. It shall, within the same period, be notified in accordance with Article 17.4.
2. ECOWAS will ensure that the Belgian social security system is affiliated with Belgian officials and agents or permanent residents, as well as officials and agents who have not opted for the social protection provided for by ECOWAS itself.
3. ECOWAS is committed to ensuring that officials and agents in Belgium who are affiliated with its social security regimes, as well as their legal spouse and dependent children living in their homes, referred to in Article 17.3, benefits equivalent to those provided by the Belgian social security system.
4. Officials hired by the Bureau who do not occupy a permanent job of ECOWAS in relation to the mission and statutory rules of the Organization, as well as the dependants, will be affiliated with the Belgian social security system.
5. Belgium may obtain from the Bureau the reimbursement of costs incurred by any social assistance that it would be required to provide to ECOWAS officials and agents assigned to the Office who are affiliated with the social security system applicable to ECOWAS officials and agents.
CHAPTER III
GENERAL PROVISIONS
Article 24
Privileges and immunities are granted to officers and officers only in the Office's interest and not in their personal benefit. The Chief 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 25
Without prejudice to the rights conferred on ECOWAS and the officials and officers of the Bureau by this Agreement, Belgium retains the right to take all necessary precautions in the interest of its security.
Rule 26
1. The persons referred to in chapter II, sections 16 and 17, shall not enjoy immunity from jurisdiction in respect of cases of violations of the regulations on the movement of motor vehicles or damage caused by a motor vehicle.
2. ECOWAS and Bureau officials and agents must comply with all obligations imposed by Belgian civil liability insurance legislation for the use of any motor vehicle.
Rule 27
ECOWAS and all officials and officers of the Bureau will cooperate at all times with the competent Belgian authorities in order to facilitate the proper administration of justice, to ensure compliance with police regulations and to avoid any abuse that may result in the privileges, immunities and facilities provided for in this Agreement.
Rule 28
ECOWAS and all officials and officers of the Bureau are obliged to comply with the Belgian laws and regulations and the court decisions rendered in respect of them.
Rule 29
Belgium does not assume any international responsibility for the acts and omissions of ECOWAS or for those of officials and officers of the Bureau acting or abstaining from acting within the framework of their functions.
Rule 30
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. The Belgian Government and ECOWAS each designate a member of the Arbitration Court.
3. The members so designated choose their president.
4. In case of disagreement between the members regarding the person of the President, the President shall be appointed by the President of the International Court of Justice at the request of the members of the Arbitration Court.
5. The arbitration tribunal shall be seized by either party by a request.
6. The Arbitration Court sets out its own procedure.
CHAPTER IV
FINAL PROVISIONS
Rule 31
Each party shall notify the other of the performance of the internal procedures required for the implementation of this Agreement.
This Agreement may be subject to review at the request of one of the parties.
IN WITNESS WHEREOF, the Representatives of the Kingdom of Belgium and the Economic Community of West African States have signed this Agreement.
DONE in Brussels on 12 July 2006, in two copies, in French, English, Portuguese and Dutch, the four texts being equally authentic. In the event of a discrepancy between the texts, the French language text will prevail.