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19 JANVIER 2016. - An Act to approve the Headquarters Agreement between the Kingdom of Belgium and the Organization of the Islamic Conference, made in Brussels on 4 February 2011 (1) (2) (3)
PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
. 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 Organization of the Islamic Conference, made in Brussels on 4 February 2011, will come out its full and full effect.
Art. 3. This Act is effective February 4, 2011.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 19 January 2016.
By the King:
Minister of Foreign and European Affairs,
Minister of Security and Interior,
Minister of Justice,
Minister of Social Affairs and Public Health,
Mr. DE BLOCK
The Minister of Finance,
J. VAN OVERTVELDT
Seal of the state seal:
The Minister of Justice,
(1) House of Representatives (www.lachambre.be):
Full report : 03/12/2015
(2) Federated Entities: see Decree of the Flemish Community/ Flemish Region of 26/06/2015 (Belgian Monitor of 16/07/2015), Decree of the French Community of 13/12/2012 (Belgian Monitor of 01/02/2013), Decree of the German-speaking Community of 24/10/2011 (Belgian Monitor of 19/12/2011), Decree of the Walloon Region of 17/01/2013 (Belgian Region of 04/02/2013)
(3) Effective date: 01/03/2016.
Headquarters Agreement between the Kingdom of Belgium and the Organization of the Islamic Conference
The Kingdom of Belgium, referred to as "Belgium",
The Organization of the Islamic Conference, referred to as "OIC";
In view of the Charter of the Islamic Conference, adopted by the 3me
Islamic Conference of Foreign Ministers held in Djeddah from 29 February to 3 March 1972 and revised by the 11th Session of the Islamic Summit, held in Dakar, Senegal from 13 to 14 March 2008;
Responding to the OIC's desire, expressed by resolution 21/32-POL adopted by the 32nd Session of the Islamic Conference of Foreign Ministers, to establish a Permanent Observer Mission in Belgium, referred to as "the Mission" below;
Desirous of entering into an agreement to determine the privileges and immunities necessary for the operation of the Mission and for the proper fulfilment of the mission of its staff;
Realizing that such privileges and immunities are not granted in the personal interest of the beneficiaries, but in order to ensure the proper functioning of the Mission by representing the OIC;
Affirming that the rules of customary international law will remain applicable to matters not expressly regulated by the provisions of this Agreement,
The following agreed:
. - Personality, privileges and immunities of the Permanent Observer Mission of the Organization of the Islamic Conference
Legal personality and capacity are recognized at the Mission.
The Mission and the assets and assets of the OIC used for the performance of the official functions of the Mission shall enjoy immunity from jurisdiction except to the extent that the Mission expressly waives it. A particular discontinuation will be required for each application measure.
1. The assets and assets of the OIC used in the exercise of the official functions of the Mission may not be subject to any form of requisition, confiscation, sequester or other form of seizure or constraint, even for reasons of national defence or public utility.
2. If an expropriation was necessary, all appropriate steps would be taken to prevent the exercise of the Mission's functions from being hindered. In this case, Belgium will provide assistance to allow the Mission to be relocated.
The archives of the Mission and, in general, all documents belonging to it or held by it or by one of its officers are inviolable.
1. The premises used exclusively for the performance of Mission functions are inviolable. The consent of the Mission representative is required for access to its premises.
2. However, this consent is presumed to be acquired in the event of an emergency requiring immediate protection.
3. Belgium will take all appropriate measures to prevent the Mission ' s premises from being invaded or damaged, the peace of the troubled Mission or its diminished dignity.
1. Without prejudice to the international provisions and European Community provisions in this regard, the Mission may hold all currencies and have accounts in all currencies to the extent necessary for the execution of the operations to which it relates.
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 constitution and activity of the Mission will take place.
1. The Mission, its assets, revenues and other assets for its official use are exempt from all direct taxes.
2. No direct tax exemption is granted for the Mission's revenues derived from an industrial or commercial activity that would be carried out by the Mission or by one of its members on behalf of the Mission.
1. Where the Mission 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 such duties and taxes.
2. No exemption from indirect taxes is granted for purchases made by the Mission for the performance of an industrial or commercial activity by the Mission or by one of its members on behalf of the Mission.
The Mission is exempt from any indirect taxes on goods imported, acquired or exported by it or on its behalf for its official use.
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 Mission may import all goods and publications intended for its official use.
The Mission is exempt from any indirect taxes in respect of official publications intended for it or sent abroad.
The property belonging to the Mission and acquired as a tax exemption may only be transferred to Belgium under the conditions prescribed by Belgian laws and regulations.
The Mission is not exempt from taxes, taxes or duties that are only the mere remuneration of public utility services.
The Mission ' s freedom of communication for its official purposes is guaranteed. His official correspondence is inviolable.
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 are determined by the competent Minister in Belgium for these tax matters.
CHAPTER II. Staff regulations
1. Representatives of the OIC General Secretariat and of the States Parties to the Charter of the Islamic Conference, their technical advisers and experts as well as ICAO officials residing or working outside Belgium, shall, when they participate in the work of the Mission in Belgium, 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 used for their work on behalf of ICAO;
(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 for their legal spouse and their minor children, dependent and living in their homes, of any restrictive measures relating to immigration, of any registration of aliens and of any obligations of national service when they stay in the territory of Belgium or are in transit in the exercise of their functions;
(f) the same facilities with respect to monetary or foreign exchange restrictions as those granted to representatives of foreign Governments on a temporary official mission;
(g) the same immunities and facilities with respect to their personal baggage as those granted to officials of foreign States on a temporary official mission.
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 the OIC. 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 paragraph 1 of this article shall not apply to persons who are Belgian nationals or permanent residents in Belgium.
The Head of Mission and his Deputy shall enjoy the immunities, privileges and facilities recognized to diplomatic personnel in diplomatic missions. Their spouse, with no lucrative occupation, and their minor children, dependent and living in their homes, benefit from the benefits recognized to the spouse and minor children of diplomatic personnel.
1. All personnel and personnel of the Mission, including those mentioned in Article 17 of this Agreement, shall be entitled to:
(a) the exemption of any tax on salaries, emoluments and allowances paid to them by the OIC, beginning on the day that these revenues will be subject to a tax for the benefit of the OIC subject to Belgium's recognition of the internal 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 staff members of the Mission receive:
(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 Mission officials and agents, 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. The Mission notifies the arrival and departure of its officials to the Federal Public Service Foreign Service Protocol Directorate 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
(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 two weeks to the Federal Public Service Foreign Service Protocol Directorate.
1. The provisions of Article 18.1(a) do not apply to pensions and annuities paid by the OIC to its former officials and agents in Belgium or to their rights, salaries, emoluments and allowances paid by the OIC or by the Mission to its agents engaged for a period of less than one year or who do not occupy a permanent job of the OIC in respect of the mission and the statutory rules of that Organization.
2. The conditions and procedures for the application of section 18.1(a) are determined by the Minister of Finance of the Belgian federal government.
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, the officials and agents of the Mission, apart from those mentioned in Article 16, shall enjoy the right for the period of twelve months following their first taking of functions to import or acquire, free of customs duties and value added tax, furniture and a car intended for their personal use.
2. The Minister of Finance of the Belgian Federal Government sets the limits and conditions for the application of this Article.
Belgium is not required to grant its own permanent nationals or residents the benefits, privileges and immunities, except those mentioned in Article 18.1(a) of this Agreement.
For the performance of their official duties with the Mission, officials and agents of the Mission are not subject to Belgian legislation in the field of employment of foreign labour and in the exercise by foreigners of independent professional activities.
The Mission will submit to all beneficiaries, by 1 March of each year, a specification sheet in addition to their name and address, the amount of salaries, emoluments, allowances, pensions or annuities paid to them by the OIC or the Mission in the previous year.
With respect to salaries, emoluments and allowances that are taxable to the OIC, this form also mentions the amount of this tax.
Similarly, the double sheets will be transmitted directly by the OIC before the same date to the competent Belgian tax administration.
1. Officials and agents of the Mission who are not Belgian nationals or who do not have their principal residence in Belgium and who do not exercise any other occupation of a profit character than that required by their functions may opt for affiliation with the applicable social security regimes members of the OIC staff, according to the rules provided by these regimes. This right of option can only be exercised once and within two weeks of the employee or agent of the Mission. It shall, within the same period, be notified in accordance with Article 18.4.
2. The Mission will ensure the affiliation with the Belgian social security system of its officials and agents who are Belgian nationals or who have their main residence in Belgium, as well as other officials and agents who have not opted for the OIC social security regimes.
3. The OIC undertakes to guarantee to its officials and agents in office in Belgium who are affiliated with its own social security regimes, as well as their legal spouse and their minor children, dependant and living in their homes, referred to in Article 18.3, benefits equivalent to those provided by the Belgian social security system.
4. Belgium may obtain from the Mission or the OIC the reimbursement of costs incurred for any social assistance that it would be required to provide to the officials and agents of the OIC, assigned to the Mission, who are affiliated with the social security regimes applicable to the officials and agents of the OIC. This provision applies by analogy to their legal spouse and minor children, dependent and living in their homes, referred to in section 18.3.
CHAPTER III. - General provisions
Privileges and immunities are granted to Mission officials and officials only in the interests of the OIC and not to their personal benefit. The Secretary General of the OIC has the right and duty to lift immunity in all cases where such immunity would hinder the action of justice and where it may be lifted without prejudice to the proper functioning of the Mission.
Without prejudice to the rights conferred on the Mission and its officials and agents by this Agreement, Belgium retains the right to take all necessary precautions in the interest of its security.
1. Persons referred to in sections 17 and 18 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 Mission and its officials and agents must comply with all obligations under Belgian civil liability insurance law for the use of any motor vehicle.
The Mission and all its officials and agents 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.
The OIC, the Mission and their officials and agents are obliged to respect the Belgian laws and regulations as well as the court decisions rendered against them.
Belgium does not rely on the Mission's activity in its territory any international responsibility whatsoever for the acts and omissions of the Mission or for those of its officials and agents acting or abstaining from acting within the framework of their functions.
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.
CHAPTER IV. - Final provisions
The OIC will notify the Directorate of the Protocol of the Federal Public Service Foreign Affairs of any substantial changes to the Charter of the Islamic Conference, as well as any substantial changes to the activity of the Mission.
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 will enter into force on the first day of the second month following the date of exchange of the last notification.
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 Organization of the Islamic Conference signed this Agreement.
Done in Brussels on 4 February 2011, in two copies, in French, English and Dutch, the three texts being equally authentic. In the event of a discrepancy between the texts, the English language text will 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,
"This signature also involves the French Community, the Flemish Community, the German-speaking Community, the Walloon Region, the Flemish Region and the Brussels-Capital Region"