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Law Approving The Convention On Social Security Between The Kingdom Of Belgium And The Republic Of Argentina, Made In Buenos Aires (1) (2), March 3, 2010

Original Language Title: Loi portant assentiment à la Convention sur la sécurité sociale entre le Royaume de Belgique et la République d'Argentine, faite à Buenos Aires le 3 mars 2010 (1) (2)

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belgiquelex.be - Carrefour Bank of Legislation

19 JANVIER 2014. - Act enacting the Convention on Social Security between the Kingdom of Belgium and the Republic of Argentina, made in Buenos Aires on 3 March 2010 (1) (2)



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 Convention on Social Security between the Kingdom of Belgium and the Republic of Argentina, made in Buenos Aires on 3 March 2010, will come out with its full effect.
Art. 3. The amendments to the provisions of Articles 7 to 9 of the Convention, as provided for in Article 10 of the Convention, shall be effective and effective.
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 19 January 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of Pensions,
A. DE CROO
Deputy Prime Minister and Minister of Social Affairs,
Ms. L. ONKELINX
Minister of Independents,
Mrs. S. LARUELLE
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Senate (www.senate.be):
Documents: 5-1778.
Annales du Sénat : 08/11/2012.
House of Representatives (www.lachambre.be):
Documents: 53-2489.
Full report : 19/12/2012, 20/12/2012.
(2) This Convention comes into force on 01/01/2016, in accordance with article 32.

CONVENTION
on Social Security between the Kingdom of Belgium and the Republic of Argentina
BELGIUM ROYAUME
AND
ARGENTINA REPUBLIC,
ISSUES of the desire to resolve the mutual relations between the two States in the field of social security,
AGAINST the following:
PART I
General provisions
Article 1
Definitions
1. For the purposes of this Convention:
(a) The term "contracting States" means the Kingdom of Belgium and the Republic of Argentina.
(b) The term "Belgium" means the Kingdom of Belgium;
The term "Argentina" refers to the Argentine Republic.
(c) The term "national" means:
With regard to Belgium: a person of Belgian nationality;
Regarding Argentina: a person of Argentine nationality.
(d) The term "laws" means the laws and regulations referred to in Article 2.
(e) The term "competent authority" means:
With regard to Belgium: Ministers responsible, each with respect to it, for the application of the legislation referred to in Article 2, paragraph 1 B;
With regard to Argentina: The Ministry of Labour, Employment and Social Security or the Ministry that will have jurisdiction in the future.
(f) The term "competent institution" means: the body or authority responsible for applying, in whole or in part, the legislation referred to in Article 2.
(g) The term "coordinating agency" means: the coordinating and information body between the competent institutions of the two Contracting States involved in the application of this Convention and in the information of interested persons on the rights and obligations arising therefrom.
(h) The term "insurance period" means: any period recognized as such by the legislation under which the period was completed, and any period recognized by that legislation as equivalent to an insurance period.
(i) The term "benefit" means any pension or benefit in cash or in kind provided for under the legislation referred to in Article 2 of this Convention, including any supplements, increases or indexations.
2. Any term not defined in paragraph 1 of this article shall have the meaning assigned to it by the legislation that applies.
Article 2
Field of material application
1. This Convention applies:
A. With regard to Argentina, the relevant legislation:
(a) Contributive social security benefits, in respect of benefits arising from old age, disability and survival contingencies, managed by national, provincial, public or professional, municipal government agencies;
and, with respect to Part II only, the relevant legislation:
(b) social security of employed workers;
(c) the social security of independent workers.
B. With regard to Belgium, the relevant legislation:
(a) old-age and survival pensions for workers and self-employed persons;
(b) Disability insurance for employees, merchant marine sailors and self-employed persons;
and, with respect to Part II only, the relevant legislation:
(c) social security of employed workers;
(d) the social status of independent workers.
2. This Convention will also apply to all legislative or regulatory acts that will amend or supplement the legislation listed in paragraph 1 of this Article.
This Convention shall apply to legislative or regulatory acts that will extend existing regimes to new categories of beneficiaries if there is not, in this regard, opposition from the Contracting State that amends its legislation, notified to the other Contracting State within six months from the official publication of such acts.
This Convention shall not apply to legislative or regulatory acts establishing a new social security branch, unless an agreement is reached between the competent authorities of the two Contracting States.
Article 3
Field of personal application
Unless otherwise provided by this Convention, the Convention shall apply to persons, irrespective of their nationality, who are subject to or have acquired rights under the legislation referred to in Article 2 and to persons entitled to rights, family members and survivors of the persons mentioned above.
Article 4
Equal treatment
Unless otherwise provided in this Convention, the persons referred to in Article 3 shall be subject to the obligations and shall be entitled to the law of each Contracting State in the same conditions as the nationals of that State.
Article 5
Export of benefits
1. Unless otherwise provided in this Convention, benefits acquired under the legislation of one of the Contracting States may not be suspended or subject to any reduction or modification as the beneficiary resides or resides in the territory of the other Contracting State.
2. Old age and survival benefits due by one of the Contracting States shall be paid to nationals of the other Contracting State who reside in the territory of a third State under the same conditions as if they were nationals of the first Contracting State residing in the territory of that third State.
3. The provisions of the preceding paragraph shall also apply to the final disability benefits granted by the Argentine competent institution when the holders of the other State resident in a third State.
Article 6
Reduction or suspension clauses
1. Any provision for a reduction or suspension of benefit under the legislation of a Contracting State, applicable in the event of a cumulative benefit with other social security benefits or with other income or as a result of the exercise of a professional activity in the territory of that Contracting State, is also applicable to benefits due under the laws of the other Contracting State or to income obtained or proceeds of a professional activity exercised in the territory of that other Contracting State.
2. However, for the purposes of this rule, it shall not take into account such benefits that are liquidated by the competent bodies of the two Contracting States, in accordance with the provisions of Articles 12 and 16 of this Convention.
PART II
PROVISIONS FOR THE APPLICABLE LEGISLATION
Article 7
General rules
1. Subject to articles 8 to 10 of this Convention, the applicable legislation shall be determined in accordance with the following provisions:
(a) the person performing a professional activity in the territory of a Contracting State shall be subject to the law of that State;
(b) a person carrying on an employee activity on board a ship flying the flag of a Contracting State shall be subject to the law of the State in which he or she is habitually resident;
(c) the person who is a member of the personnel navigating an undertaking performing, on behalf of or on behalf of others, international air transport of passengers or goods and having its seat in the territory of a Contracting State shall be subject to the law of the latter State. However, where the undertaking has, in the territory of the other Contracting State, a branch or permanent representation, the employee employed by the latter is subject to the legislation of the Contracting State in the territory of which it is located.
2. In the event of a simultaneous exercise of an independent professional activity in Belgium and wage earner in Argentina, the activity carried out in Argentina is assimilated to an employee activity carried out in Belgium, with a view to fixing obligations arising from Belgian legislation relating to the social status of independent workers.
Article 8
Special rules
1. (a) The employee who, being in the service of a company having in the territory of one of the Contracting States his principal or a branch, of which he or she normally reports, is temporarily detached by that undertaking in the territory of the other Contracting State to carry out work on behalf of that undertaking, is subject only to the legislation of the first Contracting State as if he or she continued to be occupied in his or her territory provided that the foreseeable duration of the work that he or she must
(b) The provisions of littéra (a) are also applicable to members of the family accompanying that employee in the territory of the other Contracting State, unless they carry on an employee or independent activity in the territory of that Contracting State.
2. In the event that the detachment referred to in paragraph 1 of this Article continues beyond 24 months, the competent authorities of the two Contracting States or the competent institutions designated by these competent authorities may agree that the employee shall remain subject only to the legislation of the first Contracting State. However, this extension cannot be granted for a period exceeding thirty-six months. It must be requested before the end of the initial period of twenty-four months.
3. Paragraph 1 of this Article shall apply where a person sent by his employer from the territory of a Contracting State in the territory of a third country is then sent by that employer from the territory of the third country to the territory of the other Contracting State.
4. Where a person subject to the legislation of a Contracting State and who usually carries on an independent activity in the territory of that Contracting State temporarily carries on a similar independent activity, only in the territory of the other Contracting State, that person shall remain subject only to the legislation of the first Contracting State as if the person continued to work in the territory of the first Contracting State, provided that the foreseeable duration of the independent activity in the territory of the other Contracting State does not exceed twenty months.
5. In the event that the independent activity in the territory of the other Contracting State referred to in paragraph 4 of this Article shall continue beyond 24 months, the competent authorities of the two Contracting States or the competent institutions designated by these competent authorities may agree that the independent worker shall remain subject only to the legislation of the first Contracting State. However, this extension cannot be granted for a period exceeding thirty-six months. It must be requested before the end of the initial period of twenty-four months.
6. In the cases referred to in paragraphs 4 and 5 of this article, the persons concerned must first prove to be covered in health care in the sending State.
Article 9
Officials, members of diplomatic missions and consular posts
1. Members of diplomatic missions and consular posts are subject to the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961 and to those of the Vienna Convention on Consular Relations of 24 April 1963.
2. Persons engaged by a diplomatic mission or by a consular post of one of the Contracting States in the territory of the other Contracting State shall be subject to the legislation of the latter Contracting State.
Where the diplomatic mission or consular post of one of the Contracting States occupies persons subject to the legislation of the other Contracting State, the mission or post shall take into account the obligations imposed on employers by the law of the latter Contracting State.
3. The provisions of paragraph 2 of this section shall apply by analogy to persons occupied in the private service of a person referred to in paragraph 1 of this section.
4. The provisions of paragraphs 1 to 3 of this article shall not apply to the honorary members of a consular post or to persons occupied in the private service of such persons.
5. Civil servants and assimilated personnel are subject to the legislation of the Contracting State under which the administration which occupies them is responsible. These persons are, for this purpose, considered to be resident in the territory of that Contracting State, even if they are in the territory of the other Contracting State.
6. The provisions of this Article shall also apply to members of the family accompanying persons referred to in paragraphs 1 and 5, who live in the territory of the host Contracting State, unless they themselves carry out a professional activity.
Article 10
Derogations
The competent authorities or the competent institution designated by them may, by mutual agreement, provide, in the interest of certain insured persons or certain categories of insured persons, exemptions to the provisions of Articles 7 to 9.
PART III
PROVISIONS CONCERNING PRESTATIONS
CHAPTER 1
TOTALIZATION - GENERAL REGULATIONS
Article 11
Totalization of insurance periods
1. Subject to the provisions of paragraph 2 of this Article, the periods of insurance and the periods assimilated, carried out in accordance with the legislation on the benefits of one of the Contracting States, shall be totaled as necessary, provided that they do not overlap with the periods of insurance carried out under the laws of the other Contracting State, for the acquisition, maintenance or recovery of the right to benefits.
When two periods recognized as periods equal to an insurance period coincide, only the period in the Contracting State in which the individual worked before that period is taken into account.
2. Where the legislation of one of the two Contracting States subordinates the granting of certain benefits provided that the periods of insurance have been fulfilled in a specified profession are not totalized, for admission to the benefit of such benefits, only the periods of insurance carried out or recognized equivalent in the same profession in the other Contracting State.
3. Where the legislation of one of the two Contracting States provides for the granting of certain benefits provided that the periods of insurance have been fulfilled in a specified profession and when such periods have not been able to grant such benefits, such periods shall be considered valid for the liquidation of the benefits provided by the general regime for Argentina and by the general scheme of workers employed for Belgium.
Article 12
Calculation of benefits
1. Where the person meets the requirements of the law of one of the two Contracting States to be entitled to benefits without the need to complete, the competent institution of the State concerned shall calculate the right to benefit directly on the basis of the periods of insurance carried out in that Contracting State and only on the basis of its own legislation.
This institution also calculates the amount of the benefit that would be obtained by application of the rules set out in paragraph 2 of this article. The highest amount is only retained.
For Belgium, this paragraph is only applicable to old age and survival benefits.
2. If a person may claim a benefit to which he or she is entitled solely in the light of the totalization of the periods in accordance with section 11, the following rules apply:
(a) the competent institution concerned shall calculate the theoretical amount of the benefit that would be payable if all insurance periods under the laws of the two Contracting States had been carried out only under the legislation it applies;
(b) the competent institution concerned shall then calculate the amount due, on the basis of the amount referred to in subparagraph (a), to the prorated duration of the insurance periods under its sole legislation in relation to the duration of all insurance periods recorded under subparagraph (a).
3. The mere fact that this Convention is applicable to it cannot reduce the rights of the person concerned.
Article 13
Determination of disability
1. For the determination of the reduction of the working capacity for the purpose of granting the corresponding disability benefits, the competent institution of each Contracting State shall carry out its assessment in accordance with the legislation it applies.
2. For the purpose of applying the provisions of paragraph 1 above, the competent institution of the Contracting State in whose territory the applicant resides shall make available to the competent institution of the other State, at the request of the other State and free of charge, the medical reports and documents that it has in its possession.
3. At the request of the competent institution of the Contracting State whose legislation is applied, the competent institution of the Contracting State in whose territory the applicant resides shall carry out the medical examinations necessary to assess the situation of the applicant. Medical examinations that fall within the sole interest of the above-mentioned first institution are fully covered by the above-mentioned institution, in accordance with the terms set out in the administrative arrangement provided for in Article 19.
Article 14
New calculation of benefits
1. If, due to the increase in the cost of living, the change in the level of wages or other accommodations, the old age, survival or disability benefits of one of the Contracting States are amended by a percentage or amount determined, the other Contracting State shall not make a new calculation of old age, survival or disability benefits.
2. However, in the event of a change in the method of establishment or the rules for calculating old age, survival or disability benefits, a new calculation is made in accordance with sections 12 or 16.
CHAPTER 2
IMPLEMENTATION OF BELGE LEGISLATION
Article 15
For the acquisition, retention or recovery of the right to disability benefits, the provisions of Article 11 shall apply by analogy.
Article 16
1. If the right to Belgian disability benefits is opened only by totalisation of the Argentine and Belgian insurance periods made in accordance with Article 15, the amount of the benefit due shall be determined in accordance with the terms and conditions set out in Article 12, paragraph 2.
2. Where the right to Belgian disability benefits is open without the need to appeal to the provisions of Article 15, and the amount resulting from the addition of the Argentinian benefit and the Belgian benefit calculated under paragraph 1 of this Article, is less than the amount of the benefit due on the basis of the only Belgian legislation, the competent Belgian institution allocates a supplement equal to the difference between the sum of the two above-mentioned benefits and the amount due only
Article 17
Notwithstanding the provisions of Article 15, in the cases referred to in Article 16, paragraph 1, no disability benefit is payable by Belgium when the insurance periods under its legislation, prior to the realization of the risk, do not, as a whole, reach a year.
Article 18
By derogation from Article 5 of this Convention, the holder of a disability benefit of Belgian legislation shall retain the benefit of this benefit during a stay in the other State, when this stay has been previously authorized by the competent Belgian institution. However, this authorization may only be refused when the stay is in the period in which, under Belgian law, the competent Belgian institution must conduct the assessment or review of the condition of disability.
PART IV
OTHER PROVISIONS
Article 19
Missions of competent authorities
The competent authorities:
(a) Take, by administrative arrangement, the necessary measures for the application of this Convention and designate the liaison agencies and the competent institutions;
(b) define the administrative mutual assistance procedures, including the allocation of expenses related to obtaining medical, administrative and other certificates required for the purposes of this Convention;
(c) disclose directly any information regarding measures taken to implement this Convention;
(d) notify, as soon as possible and directly, any changes to their legislation that may affect the application of this Convention.
Rule 20
Administrative collaboration
1. For the purposes of this Convention, the competent authorities and the competent institutions of each of the Contracting States shall lend their good offices, as if it were the application of their own legislation. This assistance is in principle free of charge; However, the competent authorities may agree on the reimbursement of certain costs.
2. The benefit of the exemptions or reductions of taxes, stamp duties, transplantation or registration provided for in the legislation of one of the Contracting States for the documents or documents to be produced pursuant to the legislation of that State is extended to the documents and documents similar to be produced under the law of the other State.
3. All acts and documents to be produced under this Convention shall be exempted from the legalization visa of diplomatic or consular authorities.
4. For the purposes of this Convention, the competent authorities and the liaison bodies of the Contracting States are empowered to correspond directly with each other. Correspondence may be made in one of the official languages of the Contracting States.
Article 21
Communication of personal data
1. The institutions of the two Contracting States are authorized to communicate, for the purposes of this Agreement, personal data, including data relating to the income of persons whose knowledge is necessary for the institution of a Contracting State, for the application of social security or social assistance legislation.
2. The communication by the institution of a Contracting State of personal data is subject to compliance with the data protection legislation of that Contracting State.
3. The preservation, processing or dissemination of personal data by the institution of the Contracting State to which they are communicated shall be subject to the data protection legislation of that Contracting State.
4. The data referred to in this Article may only be used for purposes other than the application of social security or social assistance legislation.
Article 22
Requests, declarations and remedies
Requests, declarations or appeals that should have been brought under the law of a Contracting State, within a specified period of time, to an authority, body or jurisdiction of that Contracting State, shall be admissible if they are brought within the same time limit to an authority, body or jurisdiction of the other Contracting State. In this case, the authority, body or jurisdiction so seized shall forthwith transmit such requests, declarations or recourse to the authority, body or jurisdiction of the first Contracting State either directly or through the competent authorities of the Contracting States. The date on which such requests, declarations or appeals have been filed with an authority, body or jurisdiction of the other Contracting State shall be deemed to be the date on which the competent authority, body or jurisdiction may be brought before the competent authority.
An application or document may not be rejected because it is written in an official language of the other Contracting State.
Article 23
Payment of benefits
The debtors of benefits under this Convention shall pay them validly in the currency of their State.
The transfers resulting from the application of this Convention shall take place in accordance with the relevant agreements between the two Contracting States.
The provisions of a Contracting State ' s foreign exchange control legislation shall not preclude the free transfer of financial amounts resulting from the application of this Convention.
Article 24
Settlement of disputes
Disputes relating to the interpretation and enforcement of this Convention shall be settled, to the extent possible, by the competent authorities.
Rule 25
Enforcement procedures
1. The enforceable decisions rendered by a court of one of the Contracting States, as well as the enforceable acts rendered by the authority or institution of one of the Contracting States, relating to social security contributions or contributions and other requests, including the recovery of undue benefits, are recognized in the territory of the other Contracting State.
2. Recognition may be denied only when it is incompatible with the legal principles of the Contracting State in whose territory the decision or act must be executed.
3. The procedure for the execution of decisions and acts that have become final must be in conformity with the legislation governing the execution of such decisions and acts of the Contracting State in the territory of which the execution takes place. The decision or act is accompanied by a certificate attesting to its enforceability.
4. The dues and contributions due have, in the course of a procedure of execution, bankruptcy or forced liquidation in the territory of the other Contracting State, the same priority as the equivalent claims in the territory of that Contracting State.
5. Claims to be subject to recovery or forced recovery are protected by the same guarantees and privileges as claims of the same nature of an institution located in the territory of the Contracting State on which the collection or forced recovery is carried out.
Rule 26
Recovery of undue payments
When the institution of one of the States has paid to a beneficiary of benefits an amount that exceeds the amount to which it is entitled, the institution may, under the conditions and limits provided for in the legislation it applies, request the institution of the other debtor State of benefits in favour of that beneficiary, to retain the amount paid in too much on the amounts it pays to the beneficiary. The latter institution operates the deduction under the conditions and limits provided for such compensation by the legislation it applies as if it were amounts paid in excess by itself and transfers the amount retained to the financial institution.
Rule 27
Cooperation in combating fraud
In addition to the implementation of the general principles of administrative cooperation, the competent authorities will agree, in an administrative arrangement, on the terms and conditions under which they lend their assistance to combat fraud beyond the borders of a Contracting State in respect of contributions and social security benefits, in particular with regard to the effective residence of persons, the appreciation of resources, the calculation of contributions and the accumulated benefits.
PART V
TRANSITIONAL AND FINAL PROVISIONS
Rule 28
Eventualities prior to the entry into force of the Convention
1. This Convention also applies to any event that has occurred prior to its entry into force.
2. This Convention does not open a right to pay benefits for a period prior to its entry into force.
3. Any period of insurance under the law of one of the Contracting States before the date of entry into force of this Convention shall be taken into consideration for the determination of the right to a benefit granted in accordance with the provisions of that Convention.
4. This Convention does not apply to rights that have been liquidated on a final basis by the granting of a lump sum allowance or the reimbursement of contributions.
Rule 29
Revision, prescription, termination
1. Any benefit that has not been liquidated or has been suspended because of the nationality of the person concerned or because of his residence in the territory of the Contracting State other than the territory of which the debtor body is located, at the request of the person concerned, liquidated or restored from the entry into force of this Convention.
2. The rights of persons who have obtained, prior to the entry into force of the Convention, the liquidation of a benefit or annuity shall be revised upon request, taking into account the provisions of the Convention. In no case shall such a review have the effect of reducing the prior rights of the persons concerned.
3. If the application referred to in paragraphs 1 or 2 of this article is submitted within two years from the date of entry into force of this Convention, the rights opened in accordance with the provisions of this Convention shall be acquired from that date, without the provisions of the legislation of either Contracting State, relating to the defecation or limitation of rights, to the parties concerned.
4. If the application referred to in paragraphs 1 or 2 of this Article is filed after the expiry of a period of two years following the entry into force of this Convention, the rights that are not subject to a termination or are not prescribed shall be acquired from the date of the application, subject to more favourable provisions of the legislation of the Contracting State concerned.
Rule 30
Duration
This Convention shall be concluded for an indefinite period. It may be denounced by one of the Contracting States by diplomatic notification to the other Contracting State, with a notice of twelve months.
Rule 31
Guarantee of acquired or acquired rights
In the event of denunciation of this Convention, the rights and payments of benefits acquired under this Convention shall be maintained. Contracting States shall make arrangements with respect to acquisition rights.
Rule 32
Entry into force
This Convention shall be ratified in accordance with the domestic legislation of each Contracting State. It will enter into force on the first day of the third month following the date on which the two contracting States exchanged instruments of ratification by diplomatic means.
IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Convention.
DONE in Buenos Aires on 3 March 2010, in double copy, in Spanish, French and Dutch languages, the three texts being equally authentic.