Posted the: 2016-02-19 Numac: 2016015013 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE January 19, 2016. -Law approving the agreement between the Kingdom of Belgium and the Organization of the Islamic Conference, done at Brussels on 4 February 2011 (1) (2) (3) PHILIPPE, King of the Belgians, has all, present and future, hi.
The House of representatives has adopted and we sanction the following: Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
S. 2. the headquarters agreement between the Kingdom of Belgium and the Organization of the Islamic Conference, done at Brussels on 4 February 2011, will release its full and complete effect.
S. 3. this Act has effect on February 4, 2011.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, January 19, 2016.
PHILIPPE by the King: Minister of foreign and European Affairs D. REYNDERS, the Minister of security and the Interior, J. ham the Minister of Justice, K. GARG, the Minister of Social Affairs and public health, Mr. DE BLOCK Finance Minister, J. VAN OVERTVELDT sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be) : Documents: complete record 54-1435: 03/12/2015 (2) federated entities: see Decree of the Flemish community / the Flemish Region 26/06/2015 (Moniteur belge of 16/07/2015), Decree of the French community of 13/12/2012 (Moniteur belge of 01/02/2013), Decree of the German-speaking community of 24/10/2011 (Moniteur belge of 19/12/2011), Decree of the Walloon from 17 / 01 / 2013 (Moniteur belge of 04/02/2013) Order of the Brussels-Capital Region of 03/04/2014 (Moniteur belge of 13/05/2014).
(3) date of entry into force: 01/03/2016.
Headquarters agreement between the Kingdom of Belgium and the Organization of the Islamic Conference, the Kingdom of Belgium, called hereinafter 'Belgium', and the Organization of the Islamic Conference, hereinafter referred to as 'OIC '.
Having regard to the Charter of the OIC, adopted by the 3rd Islamic Conference of Ministers of Foreign Affairs meeting in Jeddah from 29 February to 3 March 1972 and revised by the 11th Session of Islamic Summit, held in Dakar, Senegal from 13 to 14 March 2008;
Responding to the desire of the OIC, expressed by resolution 21/32-p adopted by the 32nd Session of the Islamic Conference of the Ministers of Foreign Affairs, to install a permanent observer in Belgium Mission, called hereinafter 'the Mission '.
Desiring to conclude an agreement to determine the privileges and immunities as are necessary for the operation of the Mission and the accomplishment of the mission of its staff;
Realizing that such privileges and immunities are not granted in personal interest of beneficiaries, but to ensure the proper functioning of the Mission by representing the OIC;
Affirming that the rules of customary international law remain applicable to matters not expressly governed by the provisions of this agreement, have agreed as follows: chapter I:.
-Personality, privileges and immunities of the Permanent Observer of the Organization of the Conference mission Islamic Article 1 personality and legal capacity are recognized at the Mission.
Article 2 the Mission as well as the property and assets of the OIC used for the performance of official duties of the Mission shall enjoy immunity from jurisdiction except to the extent where the Mission expressly renounces. A particular withdrawal will be necessary for each implementing measure.
Section 3(1). The property and assets of the OIC used for the performance of official duties of the Mission may not be subject to any form of requisition, confiscation, receiver, or other form of seizure or restraint, even for reasons of national defence or public utility.
2. If an expropriation was necessary, all appropriate measures would be taken to prevent or preclude the exercise of the functions of the Mission. In this case the Belgium will provide its assistance to allow the relocation of the Mission.
Article 4 the archives mission and, more generally, all documents owned or held by it or by its agents, shall be inviolable.
Article 5(1). The premises used exclusively for the exercise of the functions of the Mission shall be inviolable. The consent of the representative of the Mission is required for access to its premises.
2. However, this consent is presumed to be acquired in an emergency requiring immediate protection measures.
3. the Belgium shall take any appropriate measure to prevent the premises of the Mission being overgrown or damaged, the peace of the troubled Mission or diminished dignity.
Article 6 1. Without prejudice to international obligations and the provisions the Community European in this area, the Mission 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 the necessary 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 Mission.
Article 7 1. The Mission, its assets, income and other property intended for its official use are exempt from all direct taxes.
2. no direct tax relief shall be granted for the Mission revenues that come from an industrial or commercial activity which would be exercised by the Mission or by one of its members on behalf of the Mission.
Article 8 1. When the Mission performs 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.
2. no exemption from indirect taxes shall be granted for purchases made by the Mission for an industrial or commercial activity by the Mission or by one of its members on behalf of the Mission.
Article 9 the Mission shall be exempt from all indirect taxes against imported goods, acquired or exported by it or on its 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 Mission can import all goods and publications intended for its official use.
Article 11 the Mission is exempt from all indirect taxes with respect to official publications which are intended, or it sends abroad.
Article 12 property belonging to the Mission and acquired in tax exemption cannot be surrendered in Belgium, that according to the conditions prescribed by the Belgian laws and regulations.
Article 13 the Mission of is not exempt of taxes, taxes or charges which are just simple compensation of public utility services.
Article 14 freedom of communication of the Mission 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 are determined by the Minister in Belgium for the tax materials.
CHAPTER II. -Staff Regulations Article 16 1.
The representatives of the general Secretariat of the OIC and the States Parties to the Charter of the Islamic Conference, their advisers and technical experts as well as officials of resident ico or working outside Belgium, enjoy, when they participate in the work of the Mission in Belgium, during the exercise of their duties and during their travel to destination or from the place of the following immunities and privileges meeting (: a) immunity of arrest or detention;
(b) immunity from legal process for their words, their writings and all acts performed by them in the exercise of their official duties; This immunity remains even if interested parties have ceased to exercise their functions;
(c) inviolability of all papers, documents and official materials used in the work they do on behalf of the OIC;
(d) right to make use of codes and to dispatch or receive papers, correspondence or official materials by mail or in sealed bags;
(e) exemption, for themselves as well as for their legal spouse and their minor children, dependent and living in their household, all restrictive measures at immigration, registration of aliens and all obligations of national when they are staying in the territory of the Belgium or are in transit in the exercise of their functions;
f) the same facilities as regards monetary restrictions or Exchange as are accorded to representatives of foreign Governments on temporary official missions;
(g) the same immunities and facilities in respect to their baggage personnel as are accorded to officials of foreign States on temporary official missions.
2. the privileges and immunities
are granted to persons referred to in paragraph 1 of this article for their personal benefit but to ensure independent exercise of their functions in relation to the OIC.
Therefore, all people who enjoy such privileges and immunities have the duty to observe in all other respects the laws and Belgian regulations.
3. the provisions of paragraph 1 of this article shall not apply with respect to persons who are Belgian nationals or permanent residents in Belgium.
Article 17 the head of Mission and his Deputy enjoy immunities, privileges and facilities to members of the diplomatic staff of diplomatic missions.
Their spouses, engaged in any occupation to profit, and their children minor, and living in their home, enjoy the benefits recognized for the spouse and minor children of diplomatic personnel.
Section 18 (1). All officials and staff of the Mission, including those referred to in article 17 of this agreement of benefit: has) the exemption from all taxes on salaries, emoluments and allowances which they are paid by the OIC and effective agenda where such income will be subject to a tax for the benefit of the OIC 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 Mission of benefit from: 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 staff members and officers of the Mission, as well as their legal spouses and children, minor, and 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. Mission notifies the arrival and the departure of its officials to the Direction of the Protocol of the Service 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 the above specified data must be reported within two weeks at the Direction of the Service Protocol public federal Foreign Affairs.
Article 19 1. The provisions of section 18.1 a) does not apply or to pensions and annuities paid by the OIC at its servants and agents in Belgium or their assigns, nor the salaries, emoluments and allowances paid by the OIC or the Mission to its personnel for a period of less than one year, or who do not hold permanent employment of the OIC in the light of the mission and the statutory rules of that organization.
2. the conditions and procedures for the application of article 18.1) are determined by the Minister of Finance of the Belgian federal Government.
Section 20 (1).
Without prejudice to the obligations arising for Belgium of the EU treaties and the application of the legal provisions and regulations, officials and staff of the Mission, except for 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, free of customs duties and value added tax chattels furniture and a car for their personal use.
2. the Minister of Finance of the federal Belgian Government set the limits and conditions for the application of this article.
Article 21 the Belgium is not required to grant to its own nationals or permanent residents the advantages, privileges and immunities, with the exception of those referred to in article 18.1) of this agreement.
Article 22 for the exercise of their official duties with the Mission, officials and staff of the Mission are not subject to Belgian legislation on employment of foreign labor and exercise by foreigners of independent professional activities.
Article 23 the Mission will before March 1 of each year to all beneficiaries a form specifying in addition to their name and address, the amount of salaries, emoluments, allowances, pensions or annuities that the OIC or the Mission paid them in the previous year.
With regard to the salaries, emoluments and allowances subject of tax levied for the benefit of the OIC, this plug also refers to the amount of this tax.
Similarly, double sheets will be forwarded directly by the OIC before the same date to the competent Belgian tax authorities.
Article 24 1. Officials and staff of the Mission who are not Belgian nationals or who do not have their principal residence in Belgium and who have no other occupation-lucrative nature that required by their functions may opt for affiliation to social security schemes applicable members of the staff of the OIC, according to the rules laid down by these regimes. This right of option may be exercised only once and within two weeks from the date of the officer or agent of the Mission. Within the same period, he shall be notified in accordance with article 18(4).
2. the Mission will provide affiliation to the regime of Belgian social security for its officials and agents who are Belgian nationals or who have their main residence in Belgium, as well as its other officials and agents who have not opted for the OIC social security schemes.
3. the OIC undertakes to ensure that its officials and staff in Belgium who are affiliated to its own social security schemes, as well as their legal spouse and their minor children, dependants and living in their homes, referred to in article 18.3, advantages equivalent to those provided for by the Belgian social security scheme.
4. the Belgium can get the Mission or the OIC the reimbursement of expenses incurred for assistance of social character that it would have to provide officials and staff of the OIC, assigned to the Mission, who are affiliated to the social security schemes applicable to the officials and agents of the OIC. This provision applies by analogy to their legal spouse and their children minor, and living in their homes, referred to in article 18(3).
CHAPTER III. -General provisions Article 25 privileges and immunities are granted to officials and staff of the Mission only in the interest of the OIC and not for their personal benefit. The Secretary-General of the OIC has the right and the duty to 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 Mission.
Article 26 without prejudice to the rights conferred to the Mission and its officials and agents under this agreement, the Belgium retains the right to take all useful precautions in the interests of its security.
Article 27 1. The persons referred to in articles 17 and 18, 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. the Mission and its officials and agents shall comply with all obligations imposed by Belgian legislation for insurance of civil liability for the use of any motor vehicle.
Article 28 the Mission and all its officials and agents will work 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 of privileges, immunities and facilities provided for in this agreement.
Article 29 the OIC, the Mission and their officials and agents are required to respect the laws and the Belgian regulations and the decisions of justice made in their regard.
Article 30 the Belgium is liable because of the activity of the Mission on its territory any international responsibility any for acts and omissions of the Mission or for those of its officials and agents acting or refraining to act as part of their duties.
Article 31 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 Parties shall each appoint a member of the arbitration tribunal.
3. the third member of the arbitral tribunal is designated by both Parties after consultation.
4. the third member will be the President of the arbitral tribunal.
5. in the event of disagreement with the person of the third member of the arbitration tribunal, the latter is appointed by the President of the International Court of Justice at the request of the Parties.
6. the arbitration tribunal is seized by another party by way of motion.
7. the arbitration tribunal establishes its own procedure.
CHAPTER IV. -Final provisions
Article 32 the OIC shall notify to the Direction of the Protocol of the Service public federal Foreign Affairs each substantive amendment to the Charter of the Islamic Conference, as well as any substantial change to the activity of the Mission.
Article 33 each party notifies the other the completion of the constitutional and legal procedures internal requirements for the entry into force of this agreement.
The agreement shall enter into force the first day of the second month following the date of exchange of the last notification.
This agreement may be revised at the request of one of the Parties.
In witness whereof, the representatives of the Kingdom of Belgium and of the Organization of the Islamic Conference have signed the present agreement.
Done at Brussels on February 4, 2011, in two copies, in the languages English, French, and Dutch, the three texts being equally authentic. In case of divergence of interpretation between the texts, the English text shall prevail.
For the Organization of the Islamic Conference: Mojtaba AMIRI VAHID, representative of the O.C.I.
For the Kingdom of Belgium: Johan VAN DESSEL, Minister Plenipotentiary.
"This signature engages also the French community, the Flemish community, the German-speaking community, the Walloon Region, the Flemish Region and the Brussels-Capital Region"