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Law Approving The Headquarters Agreement Between The Kingdom Of Belgium And The International Plant Genetic Resources Institute, Signed In Brussels On 15 October 2003 (1) (2) (3).

Original Language Title: Loi portant assentiment à l'Accord de Siège entre le Royaume de Belgique et le International Plant Genetic Resources Institute, signé à Bruxelles, le 15 octobre 2003 (1) (2) (3)

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belgiquelex.be - Carrefour Bank of Legislation

29 SEPTEMBER 2006. - An Act to approve the Headquarters Agreement between the Kingdom of Belgium and the International Plant Genetic Resources Institute, signed in Brussels on October 15, 2003 (1) (2) (3)



ALBERT II, 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 International Plant Genetic Resources Institute, signed in Brussels on 15 October 2003, will come out with its full effect.
Art. 3. This Act is effective October 15, 2003.
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 29 September 2006.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of Justice,
Ms. L. ONKELINX
Minister of Finance,
D. REYNDERS
The Minister of the Interior,
P. DEWAEL
Minister of Science Policy,
Mr. VERWILGHEN
Minister of Social Affairs,
R. DEMOTTE
Minister of Development Cooperation,
A. DECKER
Seen and sealed the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2005-2006.
Senate.
Documents.
Bill tabled on 9 March 2006, No. 3-1605/1.
Report, no. 3-1605/2.
Annales parliamentarians.
Discussion, meeting of May 18, 2006.
Voté, séance du 18 mai 2006.
Room.
Documents.
Project transmitted by the Senate, No. 51-2501/1.
Text adopted in plenary and subject to Royal Assent, No. 51-2501/2.
Annales parliamentarians.
Discussion, meeting of 15 June 2006.
Voté, séance du 15 juin 2006.
(2) See Decree of the Flemish Community/Flemish Region of 23 November 2007 (Belgian Monitor of 27 December 2007), Decree of the French Community of 16 March 2007 (Belgian Monitor of 29 June 2007 (Ed.3.)), Decree of the German-speaking Community of 27 May 2013 (Belgian Monitor of 11 July 2013), Decree of the Walloon Region of 10 November 2006 (Belgian Region of 28 November 2006),er April 2005)
(3) Effective date: July 23, 2015 (art. 32)

Headquarters Agreement between the Kingdom of Belgium and the International Plant Genetic Resources Institute
Headquarters Agreement
the Kingdom of Belgium
and
International Plant Genetic Resources Institute
Considering the creation of the International Plant Genetic Resources Institute in Rome on 9 October 1991;
Considering that the Kingdom of Belgium is a signatory to the founding act of the International Plant Genetic Resources Institute (IPGRI);
Considering that the International Network for Improvement of Banana and Plantain (INIBAP) has been placed under the leadership and administration of the International Plant Genetic Resources Institute and operates as the IPGRI Program;
Considering that the Kingdom of Belgium and the International Plant Genetic Resources Institute decide to establish an IPGRI office in Belgium;
Considering that IGRI activities in Belgium include the operations of the INIBAP Transit Centre;
Having regard to Article 1 of the founding act of the IGRI, that the IGRI Constitution is annexed to the founding act and is an integral part of it;
Having regard to Articles 2 and 18, § 2 of the IGRI Constitution;
Having regard to Article 106.06 of the Staff Policies Manual of the IGRI, adopted by the Board of Trustees of the IGRI pursuant to Article 14, § 3 of the IGRI Constitution;
The Kingdom of Belgium,
hereinafter referred to as Belgium,
and
The International Plant Genetic Resources Institute,
hereinafter referred to as the IGRI,
Desiring to conclude an agreement to clarify the regime of privileges and immunities necessary for the operation of the IGRI office in Belgium;
The following agreed:
CHAPTER Ier
Personality, privileges and immunities of the IGRI Office
Article 1er
International legal personality and capacity are recognized at the IGRI office in Belgium.
Article 2
The assets and assets of the IGRI Office used for the exercise of its official functions in Belgium shall enjoy immunity from jurisdiction except to the extent that IGRI expressly waives it.
Article 3
1. Assets and assets belonging to the IGRI Office and used for its official use are not subject to any form of requisition, confiscation, sequester or other form of seizure or constraint.
2. If an expropriation was necessary, all appropriate steps would be taken to prevent the exercise of the functions of the IGRI Office from being hindered. In this case Belgium would grant its assistance to allow the relocation of the IGRI office.
Article 4
The archives of the IGRI Office and, in general, all documents belonging to IPGRI or held by it or by one of its agents are inviolable.
Article 5
1. The premises used exclusively for the exercise of the functions of the IGRI Office are inviolable. IGRI's 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 IGRI premises from being invaded or damaged, the troubled IGRI peace or its diminished dignity.
4. The location of IGRI offices is specified in Appendix I.
Article 6
1. The IGRI Bureau may hold any currency and have accounts in any currency to the extent necessary for the execution of the transactions that are subject to its object.
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 bu Bureau of the IGRI will take place.
Article 7
1. The IGRI 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 IGRI revenues derived from an industrial or commercial activity that would be carried out by IPGRI or the IGRI Office or by one of its members on behalf of the IPGRI or the IGRI Office or a member of the IGRI.
Article 8
Where the IGRI Office makes significant purchases of real property or furniture or performs important benefits, strictly necessary for the exercise of its official activities and whose price includes indirect duties or taxes on sale, appropriate arrangements are made whenever possible for the purpose of remission or repayment of the amount of these duties and taxes.
Article 9
The IGRI Office is exempt from any indirect taxes on goods imported, acquired or exported by it 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 IGRI Bureau may import all goods and publications intended for its official use.
Article 11
The IGRI Office is exempt from any indirect taxes in respect of official publications intended for it or sent abroad.
Article 12
The Belgian Government authorizes the free entry and exit of the country of all genetic resources that IGRI would need to pursue its statutory objectives, in accordance with national phytosanitary rules and with all international agreements, in particular with the Convention on Biological Diversity. The Belgian Government recognizes the authority of the IGRI on these materials, which include, inter alia, the materials entrusted to the IGRI on behalf of the world community and which were specified in the 1994 Agreement between the IGRI and the Food and Agriculture Organization of the United Nations.
Article 13
The property belonging to the IGRI cannot be transferred to Belgium unless it is subject to conditions prescribed by Belgian laws and regulations.
Article 14
The IGRI Office is not exempt from taxes, taxes or fees that are just the remuneration of public utility services.
Article 15
The freedom of communication of the IGRI Office for its official purposes is guaranteed. His official correspondence is inviolable.
Article 16
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 8, 9, 10, 11 and 12 and the tax exemptions resulting from Article 18 are determined by the Minister of Finance of the Kingdom of Belgium.
CHAPTER II. Staff regulations
Article 17
The Head of Delegation of the Office, his spouse and dependent children living under the same roof, shall be accorded the immunities, privileges and facilities recognized to diplomatic personnel in diplomatic missions. Tax privileges are recognized only as long as they do not exercise any other lucrative function in Belgium than the functions in the IGRI.
Article 18
All IGRI Bureau officers benefit from:
1. The exemption of any tax on salaries, emoluments and allowances paid to them by the IGRI from the day that these revenues are subject to a tax for the benefit of the said Organization, subject to the recognition by Belgium of the domestic tax system.
2. However, Belgium has the right to consider such incomes to calculate the amount of tax payable on the taxable income of beneficiaries from other sources.
3. The tax exemption referred to in this section, § 1, does not apply to pensions and annuities paid by the IGRI to its former agents or their beneficiaries, or to the salaries, emoluments and allowances paid by the IGRI to its local agents.
4. Immunity of jurisdiction for acts performed in their official capacity, including their words and writings, this immunity persists after termination of their duties.
5. Inviolability for all official documents and documents.
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, the statutory officials of the Bureau of the IGRI other than those referred to in Article 17 shall enjoy the right for the 12-month period following their first taking of office in Belgium to import or acquire, on a duty-free basis, value-added tax (VAT) and customs duties, furniture and a car.
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 obliged to grant to its own permanent nationals and residents the benefits, privileges and immunities except those mentioned in Article 18, § 1 of this Agreement. However, they will benefit from immunity from jurisdiction for acts performed in their official capacity, including their words and writings.
Article 21
1. IGRI officers and their dependent spouses and children living under the same roof are not subject to immigration or registration procedures for foreigners. This exemption is granted in accordance with Belgian legislation.
2. The IGRI Office notifies the arrival and departure of its agents to the Ministry of Foreign Affairs, Protocol Directorate. The IGRI Office also notifies the following information regarding its officers:
- name and name;
- place and date of birth;
- sex;
- nationality;
- main residence (community, street, number);
- household composition.
All changes to this information will be notified within fifteen days to the Ministry of Foreign Affairs Protocol Directorate.
Article 22
The officers of the IGRI Bureau who do not carry out any other lucrative activity in Belgium than that resulting from their duties with the IGRI, as well as the members of their families to their dependants not exercising in Belgium any private occupation of a lucrative character, are not subject to Belgian law in the matter of employment of the foreign labour force and in the matter of exercising independent professional activities by foreigners.
Article 23
1. Without prejudice to the obligations that arise for Belgium of the treaties relating to the European Union, Belgium will take the necessary steps to facilitate the entry of the country of participants to the programmes of the Institute and official visitors of the Bureau of the IGRI in Belgium. Any visa required for these persons will be issued as soon as possible.
2. The responsible person shall communicate the names of the persons referred to in the first paragraph before the competent Belgian authorities.
CHAPTER III. - General provisions
Article 24
Privileges and immunities are granted to officers only in the interest of the IGRI office and not to their personal benefit. The Head of Delegation of the IGRI Office must lift immunity in all cases where such immunity would hinder the action of justice and where it may be lifted without prejudice to the interests of the IGRI.
Rule 25
Without prejudice to the rights conferred on the Bureau of the IGRI and its agents by this Agreement, Belgium retains the right to take all necessary precautions in the interest of its security.
Rule 26
The persons referred to in Chapter II shall not enjoy immunity from jurisdiction in respect of cases of violation of regulations on the movement of motor vehicles or damage caused by a motor vehicle.
Rule 27
The officers of the IGRI office will at any time cooperate with the competent Belgian authorities to facilitate the proper administration of justice, to ensure compliance with the police regulations and to avoid any abuse that may result in the privileges, immunities and facilities provided for in this Agreement.
Rule 28
The IGRI Office and its officers are required to comply with Belgian laws and regulations.
Rule 29
Belgium does not rely on the activity of the IGRI Bureau on its territory any international responsibility whatsoever for the acts and omissions of the IGRI Bureau or for those of its agents acting or abstaining in the course of their duties.
Rule 30
IGRI will be back before 1er March of each year to all beneficiaries, a form specifying in addition to their names and addresses, the amount of salaries, emoluments and allowances, pensions or annuities paid to them by the Organization during the previous year. With respect to salaries, emoluments and allowances that are subject to the tax collected for the benefit of the IGRI, this form also mentions the amount of this tax. The double sheets will be transmitted directly by the IGRI before the same date to the competent Belgian Tax Authority.
Rule 31
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 the IGRI Bureau each designate a member of the arbitration tribunal.
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 32
Each of the parties shall notify the other of the procedures required for the implementation of this Agreement. It will remain in force either during the validity period of the IGRI, or until the expiry of one year from the date on which one of the Parties will inform the other of its intention to terminate it.
In faith, the Representatives of the Kingdom of Belgium and the International Plant Genetic Resources have signed this Agreement.
Done in Brussels on 15 October 2003, in duplicate, in French, Dutch and English, the three texts being authentic.
Annex Ire
Location of the IGRI Office
1. The location of the IGRI offices is in the Laboratory of Tropical Crop improvement of the KUL, in rooms 91.09, 91.15, 00.43 and 00.16.