Posted the: 2016-04-13 Numac: 2014015252 Foreign Affairs, external trade and development COOPERATION FEDERAL PUBLIC SERVICE June 10, 2014. -Law approving the agreement between the Kingdom of Belgium and the economic community of the African States of the West, signed in Brussels on 12 July 2006 (1) (2) (3) PHILIPPE, King of the Belgians, has all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the headquarters agreement between the Kingdom of Belgium and the economic community of the African States of the West, signed in Brussels on 12 July 2006, will release its full and complete effect.
S. 3. this Act has effect on 12 July 2006.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, June 10, 2014.
PHILIPPE by the King: the 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 Finance Minister K. GARG sealed with the seal of the State: the Minister of Justice , Ms. A. TURTELBOOM _ Notes (1) Senate (www.senate.be): Documents: 5-2755 annals of the Senate: 2014-04-03 House of representatives (www.lachambre.be): Documents: complete record 53-3535: 2014-04-23.
(2) see Decree of the Flemish community / the Flemish Region June 20, 2008 (Moniteur belge of 29/08/2008)-Decree of the French community of 21 January 2016 (Moniteur belge of 12/02/2016), Decree of the German-speaking community of April 19, 2010 (Moniteur belge of 19/05/2010), Decree of the Walloon of March 3, 2016 (Moniteur belge of 15 / 03 / 2016) Order of the Brussels - Capital Region from April 3, 2014 (Moniteur belge of 13/05/2014).
(3) date of entry into force: 23/03/2016.
AGREEMENT of seat between the Kingdom of Belgium and the community economic of States of the Africa of the West the Kingdom of Belgium, hereinafter 'Belgium', and the economic community of West Africa States, hereinafter referred to as the "ECOWAS".
Having regard to the Treaty of ECOWAS signed on 24 July 1993;
RESPONDING to the desire of the ECOWAS to install a liaison office in Belgium, hereinafter referred to as "the Office."
Desiring to conclude an agreement to determine the privileges and immunities as are necessary for the functioning of the Office and to the accomplishment of the mission of its staff;
Have agreed as follows: chapter I personality, PRIVILEGES and immunities of the LIAISON Office of the States in the section 1 West African economic community international personality and legal capacity are recognized in the Office.
Article 2 the property and assets of the ECOWAS used for the performance of the official duties of the Office shall enjoy immunity from jurisdiction except to the extent where ECOWAS expressly renounces.
The property and assets of the ECOWAS used for the performance of the official duties of the Office cannot be subject to any form of requisition, confiscation, receiver or other form of seizure or restraint.
2. If an expropriation was necessary, all appropriate measures would be taken to prevent or preclude the exercise of the functions of the Office. In this case the Belgium would provide assistance to allow the relocation of the Office.
Article 4 the archives office, and generally, all documents belonging to ECOWAS or held by it or its agents shall be inviolable.
Article 5(1). The premises used exclusively for the exercise of the functions of the Office are inviolable. The consent of the ECOWAS is required for access to its premises.
2. However, this consent is presumed to be acquired disaster requiring immediate protection measures.
3. the Belgium shall take any appropriate measure to prevent the Office space being invaded or damaged, the troubled ECOWAS peace or diminished dignity.
Article 6 1. Without prejudice to the international provisions and the provisions Community European in the field, the Office may hold all currencies and have accounts in all currencies to the extent necessary to conduct operations responding to its object.
2. the Belgium undertakes to grant to ECOWAS permissions to perform all movements of funds that will be following the procedures laid down in national regulations and applicable international agreements, the constitution and activity of the Office.
Article 7 1. The Office, its assets, income 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 that come from an industrial or commercial activity which would be exercised by the ECOWAS office or by one of its members on behalf of the ECOWAS office or a member of ECOWAS.
Article 8 where the Bureau makes major real estate purchases or furniture or run services, strictly necessary for the exercise of its official activities and whose price includes excise or VAT, appropriate arrangements are made whenever it is possible to delivery or repayment of the amount of such duties and taxes.
Article 9 the Office is exempt from all indirect taxes against imported goods, acquired or exported by him or on his behalf for its official use.
Article 10 without prejudice to the obligations arising for Belgium the EU treaties and the implementation of legal and regulatory provisions regarding the order, security, health or public morals, the Bureau can import all goods and publications intended for its official use.
Article 11 the Bureau is exempt from all indirect taxes with respect to official publications which are intended, or it sends abroad.
Article 12 property belonging to ECOWAS cannot be surrendered in Belgium, that according to the conditions prescribed by the Belgian laws and regulations.
Article 13 the Bureau is not exempt of taxes, taxes or charges which are just simple compensation of public utility services.
Article 14 freedom of communication of the Bureau for its official purposes is guaranteed. His official correspondence is inviolable.
Article 15 without prejudice to the obligations arising for Belgium from the treaties to the Union European and the implementation of legal and regulatory provisions, the conditions and detailed rules for the application of articles 7, 8, 9, 10, 11 and 12 and the exemptions from article 17.1) shall be determined by the Minister of Finance of the Belgian Government.
Chapter II status of PERSONNEL Article 16 the head office and his Deputy enjoy immunities, privileges and facilities to members of the diplomatic staff of diplomatic missions. Their spouses and their minor children, living in their household, benefit from the advantages recognized to the spouse and minor children of diplomatic personnel.
Article 17 1. All officers and agents of the Bureau: has) exemption from taxation on the salaries, emoluments and allowances which they are paid by ECOWAS and from agenda where such income will be subject to a tax for the benefit of ECOWAS, subject to recognition by the Belgium's internal tax system; the Belgium reserves the right to take account of these salaries, emoluments and allowances for the calculation of the amount of tax collectible on taxable income from other sources;
(b) facilities accorded to officials of international organizations with regard to monetary or foreign exchange regulations.
2. all officials and staff of the Office are: a) immunity for acts performed in their official capacity, including their words and writings, this immunity persisted after termination of their functions;
b) inviolability for all papers and documents.
3. all civil servants and agents of the Bureau, as well as their legal spouse and minor dependent children, living in their homes, are not subject to the provisions limiting immigration or to formalities for the registration of aliens. This derogation is granted in accordance with the Belgian legislation on the subject.
4. the Bureau shall notify the arrival and the departure of its officials to the Direction of the Service Protocol public federal Foreign Affairs and also the information specified above after about all its servants and agents:) a first and last name b) place and date of birth c) sex d) nationality e) principal residence (town, street, number) f) civil status g) composition of household h) the social protection scheme chosen by the staff member any change of data specified here before shall be reported within 15 days to the Direction of the Protocol of the Service public federal Foreign Affairs.
Article 18 the provisions of article 17.1) does not apply or pensions and annuities paid by ECOWAS at its servants and agents in Belgium or their designees, nor the salaries, emoluments and allowances paid by ECOWAS or the Office to its personnel for a period of less than one year, or who do not hold permanent employment of ECOWAS in the light of the mission and the statutory rules of that organization.
1. without prejudice to the obligations arising for Belgium from the treaties to the Union European and the implementation of legal and regulatory provisions, officials and staff of the Bureau, apart from those mentioned in article 16, shall have the right during the period of twelve months following their first assumption of office to import or acquire duty-free importation and value-added tax chattels furniture and a car for their personal use.
2. the Minister of Finance of the Belgian Government set the limits and conditions for the application of this article.
Article 20 the Belgium is not required to give to its own nationals or permanent residents the advantages, privileges and immunities, with the exception of those referred to in article 17.1) and 17.2 of this agreement.
Article 21 for the exercise of their official duties from ECOWAS, officials and staff of the Office are not subject to Belgian legislation on employment of foreign labor and exercise by foreigners of independent professional activities.
Article 22 the Bureau will before March 1 of each year to all beneficiaries a plug specifying in addition to their name and address, the amount of salaries, emoluments, allowances, pensions or annuities that ECOWAS has paid to them during the previous year.
With regard to the salaries, emoluments and allowances subject of tax levied for the benefit of ECOWAS, this plug also refers to the amount of this tax.
Similarly, double sheets will be forwarded directly by the Office before the same date to the competent Belgian tax authorities.
Article 23 1. Officials and staff of the Office who are not Belgian nationals or permanent residents in Belgium and who have no other occupation-lucrative nature than that required by their official duties from ECOWAS can opt for affiliation to the social security schemes applicable to the officials and agents of the ECOWAS rules of these regimes. This right of option must be exercised within fifteen days following the entry based on an employee or agent of the Office schedule. Within the same period, he shall be notified in accordance with article 17.4.
2. ECOWAS will provide affiliation to the social security scheme Belgian officials and Belgian officers or permanent residents, as well as officials and staff who have not opted for the social protection provided by the ECOWAS itself.
3. ECOWAS is committed to ensuring staff and staff in Belgium who are affiliated with its social security schemes, as well as their legal spouses and children, minor dependants living in their household, as referred to in article 17(3)(a), advantages equivalent to those provided for by the Belgian social security scheme.
4. the agents incurred by the Office who do not occupy a permanent job of ECOWAS in the light of the mission and the statutory rules of that organization, as well as their dependants, will be affiliated to the Belgian social security system.
5. the Belgium may obtain from the Bureau the reimbursement of the costs occasioned by any social assistance would be required to provide officials and ECOWAS officers assigned to the Office that are affiliated with the civil servants social security system and staff of ECOWAS.
Chapter III General provisions Article 24 privileges and immunities are granted to officials and staff of the Office only in the interest of the Office and not for their personal benefit. The head office shall waive the immunity in any case where this immunity would impede the course of justice and where it can be waived without prejudice to the functioning of the Office.
Article 25 without prejudice to any rights under this agreement, the Belgium to ECOWAS and to the officials and agents of the Bureau retains the right to take all useful precautions in the interests of its security.
Article 26 1.
The persons mentioned in chapter II, articles 16 and 17, do not enjoy any immunity from legal process in relation to cases of violations of the regulations on the movement of motor vehicles or damage caused by a motor vehicle.
2. ECOWAS and the officials and servants of the Office must comply with all the obligations imposed by the Belgian legislation on insurance of civil liability for the use of any motor vehicle.
Article 27 ECOWAS and all employees and agents of the Bureau will collaborate at all times with the competent Belgian authorities to facilitate the proper administration of justice, secure the observance of police regulations and prevent any abuse in which the privileges, immunities and facilities provided for in this agreement.
Article 28 ECOWAS and all officials and staff of the Office are required to respect the laws and the Belgian regulations and the decisions of justice made in their regard.
Article 29 the Belgium is liable because of the activity of the ECOWAS on its territory any international responsibility any for acts and omissions of ECOWAS or for those of officials and agents of the Bureau acting or refraining to act as part of their duties.
Article 30 1. Any divergence of views concerning the application or interpretation of the present agreement, which could not be settled by direct between the parties talks, may be submitted by one of the parties, at the discretion of a Court of arbitration consisting of three members.
2. the Belgian Government and ECOWAS shall each designate a member of the arbitration tribunal.
3. the appointed members elect their president.
4. in the event of a disagreement between the members about the person of the president, the latter is appointed by the President of the International Court of Justice at the request of the members of the arbitral tribunal.
5. the arbitration tribunal is seized by another party by way of motion.
6. the arbitration tribunal establishes its own procedure.
Chapter IV final provisions Article 31 each of the parties notifies the other the completion of the internal procedures required for the entry into force of this agreement.
This agreement may be reviewed 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 at Brussels, on July 12, 2006, in two copies, in English, French, Portuguese and Dutch, the four texts being equally authentic. In case of divergence of interpretation between the texts, the French text shall prevail.