Posted the: 2015-10-29 Numac: 2006015150 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE September 29, 2006. -Law on consent to 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) ALBERT II, King of the Belgians, to 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 International Plant Genetic Resources Institute, signed in Brussels on 15 October 2003, will release its full and complete effect.
S. 3. this Act has effect on October 15, 2003.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, on 29 September 2006.
ALBERT by the King: Foreign Minister K. DE GUCHT. the Minister of Justice, Ms. L. ONKELINX. the Minister of finance, D. REYNDERS the Minister of the Interior, P. DEWAEL the Minister for scientific policy, Mr. VERWILGHEN. the Minister of Social Affairs, R. DEMOTTE Minister of Cooperation for development, A. DE DECKER seen and sealed with the seal of the State : The Minister of Justice, Ms. L. ONKELINX _ Notes (1) Session 2005-2006.
Bill filed on March 9, 2006, no. 3 - 1605/1.
Report, no. 3-1605/2.
Discussion, meeting of May 18, 2006.
Voted, meeting of May 18, 2006.
Draft transmitted by the Senate, no. 51-2501/1.
Text adopted in plenary meeting and submitted to the Royal assent, no. 51-2501/2.
Discussion, session of June 15, 2006.
Voted, June 15, 2006 meeting.
(2) see Decree of the Flemish community / the Flemish Region of November 23, 2007 (Moniteur belge of 27 December 2007), Decree of the French community of March 16, 2007 (Moniteur belge of 29 June 2007 (Ed.3)), Decree of the German-speaking community of May 27, 2013 (Moniteur belge of 11 July 2013), Decree of the Walloon Region from November 10, 2006 (Moniteur belge of 28 November 2006) , Order of the Region of Brussels - capital of 10 March 2005 (Moniteur belge of April 1, 2005) (3) Date of entry into force: 23 July 2015 (art. 32) headquarters agreement between the Kingdom of Belgium and the International Plant Genetic Resources Institute headquarters agreement between the Kingdom of Belgium and the International Plant Genetic Resources Institute whereas the creation of the International Plant Genetic Resources Institute in Rome on October 9, 1991;
Whereas the Kingdom of Belgium is a signatory to the founding act of the International Plant Genetic Resources Institute (IPGRI);
Whereas the International Network for Improvement of Banana and Plantain (INIBAP) was placed under the direction and under the administration of the International Plant Genetic Resources Institute and operates as IPGRI Programme;
Whereas the Kingdom of Belgium and the International Plant Genetic Resources Institute decided to establish an Office of IPGRI in Belgium;
Whereas the activities of IPGRI in Belgium include the INIBAP Transit Centre operations;
Having regard to article 1 of the founding act of IPGRI, whereby the Constitution of IPGRI is annexed to the founding act and integral;
Having regard to articles 2 and 18, § 2 of the Constitution of IPGRI.
Having regard to article 106.06 Personnel Policies Manual of IPGRI, adopted by the Board of Trustees of IPGRI in application of article 14, § 3 of the Constitution of IPGRI.
Kingdom of Belgium, hereinafter referred to as the Belgium, and the International Plant Genetic Resources Institute, hereinafter referred to as IPGRI, desiring to conclude an agreement to clarify the regime of privileges and immunities as are necessary for the functioning of the Office of IPGRI in Belgium;
Have agreed as follows: Chapter I personality, privileges and immunities of IPGRI Office Article 1 personality and the international legal capacity are recognized in the Office of IPGRI in Belgium.
Article 2 the property and assets of the Office of IPGRI used for the exercise of their official duties of his Office in Belgium shall enjoy immunity from jurisdiction except to the extent where the IPGRI expressly renounces.
Section 3(1). The property and assets belonging to the Office of IPGRI and used for its official use 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 that put an obstacle to the exercise of the functions of the Office of IPGRI.
In this case the Belgium would provide assistance to allow the relocation of the Office of IPGRI.
Article 4 the archives of the Office of IPGRI and, in General, all documents belonging to IPGRI or held by him or by one of its agents shall be inviolable.
Article 5(1). The premises used exclusively for the exercise of the functions of the Office of IPGRI are inviolable. The consent of IPGRI 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 premises of IPGRI overgrown or damaged, the peace of troubled IPGRI or diminished dignity.
4. the location of the offices of IPGRI is specified in Annex I. Article 6 1. The Office of IPGRI may hold all currencies and have accounts in all currencies to the extent necessary for the implementation of 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 bu activity Office of IPGRI.
Article 7 1. The Office of IPGRI, its assets, income and other property owned and used for its official use are exempt from all direct taxes.
2. no direct tax relief shall be granted for IPGRI revenues that come from an industrial or commercial activity which would be exercised by IPGRI or IPGRI Office or by one of its members on behalf of lPGRI or the Office of IPGRI or a member of IPGRI.
Article 8 where the Bureau, IPGRI performs major real estate purchases or furniture or done performances, strictly necessary for the exercise of its official activities, and whose price includes excise or sales taxes, appropriate arrangements are made whenever it is possible to delivery or repayment of the amount of such duties and taxes.
Article 9 the Office of IPGRI is exempt from all indirect taxes against imported goods, acquired or exported by it 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 Office of IPGRI can import all goods and publications intended for its official use.
Article 11 the Bureau of IPGRI is exempt from all indirect taxes with respect to official publications which are intended, or it sends abroad.
Article 12 the Belgian Government allows free entry and exit from the country of all genetic resources IPGRI would need for the pursuit of its statutory objectives, in accordance with the national rules and all international agreements relating thereto, in particular with the Convention on biological diversity. The Belgian Government recognizes the authority of IPGRI on these materials that include, among others, the materials entrusted to the IPGRI on behalf of the world community and which have been specified in the agreement of 1994 between IPGRI and the Organization for food and Agriculture of the United Nations.
Article 13 the IPGRI-owned property cannot be assigned in Belgium, unless what is conditions prescribed by the Belgian laws and regulations.
Article 14 the Office of IPGRI is not exempt of taxes, taxes or charges which are just simple compensation of public utility services.
Article 15 freedom of communication from the Office of IPGRI for its official purposes is guaranteed. His official correspondence is inviolable.
Article 16 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 8, 9, 10, 11 and 12 and tax exemptions resulting from article 18 are determined by the Minister of Finance of the Kingdom of Belgium.
CHAPTER II. -Status of Personnel Article 17 the head of Delegation Office, his or her spouse and children living under the same roof, enjoy immunities, privileges and facilities to members of the diplomatic staff of diplomatic missions. Tax liens are recognised only insofar as they do in Belgium no lucrative function other than the functions in IPGRI.
Article 18 all agents of the Bureau of IPGRI enjoy: 1. exemption from all taxes on salaries, emoluments and allowances which they are paid by IPGRI and this from the day where these revenues are subject to a tax for the benefit of said organization, subject to recognition by the Belgium's internal tax system.
2. the Belgium however has the right to consider such income to calculate the amount of tax collectible on the taxable income of the beneficiaries, from other sources.
3. the tax exemption referred to in this article, § 1, does not apply to pensions and annuities paid by IPGRI to its former agents or their privies to the salaries, emoluments and allowances paid by IPGRI to its local agents.
4. the immunity from jurisdiction for acts performed in their official capacity, including their words and written, this immunity persisting after cessation of their functions.
5. the inviolability for all papers and documents.
Article 19 1. Without prejudice to the obligations arising for Belgium from the treaties to the Union European and the implementation of legal and regulatory provisions the statutory officials of the Office of IPGRI other than those referred to in article 17 shall have the right during the period of 12 months after first taking up their post in Belgium to import or acquire free of tax (VAT) and customs duties 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 obliged to grant its own nationals and permanent residents the advantages, privileges and immunities with the exception of those referred to in article 18 § 1 of this agreement. However, they will benefit from immunity for acts performed in their official capacity, including their words and written.
Article 21 1. Agents of the Bureau of IPGRI and their spouse and child dependants living under the same roof 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.
2. the Bureau of IPGRI notifies the arrival and the departure of its agents at the Ministry of Foreign Affairs, Directorate of Protocol. IPGRI Office also notifies the specified information below about its agents:-name and surname;
-place and date of birth;
-principal residence (town, street, number);
All changes to this information shall be notified within 15 days to the Direction of the Protocol of the Ministry of Foreign Affairs.
Article 22 agents of the Bureau of IPGRI who are practising in Belgium any other gainful than that resulting from their duties with IPGRI, as well as members of their family dependants exercising in Belgium any occupation private non-profit character, are not subject to the Belgian legislation on employment of labour foreign and exercise by foreigners of independent professional activities.
Article 23 1. Without prejudice to the obligations arising for the treaties to the European Union, the Belgium Belgium will take the necessary measures to facilitate the entry of the country of participants in the programmes of the Institute and the official guests of the Office of IPGRI 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 listed in paragraph 1 to the competent Belgian authorities.
CHAPTER III. -General provisions Article 24 privileges and immunities are granted to the agents only in the interest of the Office of IPGRI and not for their personal benefit. The head of delegation of the Office of IPGRI should waive immunity in all cases where immunity would impede the course of justice and where it can be waived without prejudice to the interests of IPGRI.
Article 25 without prejudice to the rights under this agreement, the Belgium IPGRI Office and its agents retain the right to take all useful precautions in the interests of its security.
Article 26 persons mentioned in chapter II do not enjoy any immunity from legal process in relation to cases of infringement of the rules on the movement of motor vehicles or damage caused by a motor vehicle.
Article 27 agents of the Bureau of IPGRI 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 the Office of IPGRI and its agents are required to respect the laws and the Belgian regulations.
Article 29 the Belgium is liable because of the activity of the Office of IPGRI on its territory any international responsibility any for acts and omissions of Registrar of IPGRI or for those of its officials acting or abstaining in the context of their duties.
Article 30 the IPGRI will provide before March 1 of each year to all beneficiaries, a card specifying in addition to their names and addresses, the amount of salaries, emoluments and allowances, pensions or annuities that the Organization paid them in the previous year. With regard to the salaries, emoluments and allowances subject of tax levied for the benefit of IPGRI, this plug also refers to the amount of this tax. Double cards will be sent directly by IPGRI before the same date to the Belgian tax authorities competent.
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 Belgian Government and the Office of IPGRI 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 32. each of the parties notifies the other the completion of the procedures required for the entry into force of this agreement. It will remain in force or during the period of validity of IPGRI, until the expiry of a period of one year from the date on which one of the Parties inform the other of its intention to terminate.
In witness whereof, the representatives of the Kingdom of Belgium and the International Plant Genetic Resources have signed this agreement.
Done at Brussels, 15 October 2003, in duplicate, in languages, Dutch, French and English, the three texts being authentic.
Annex Ire location of the Office of IPGRI 1. The location of the offices of IPGRI is in the Laboratory of Tropical Crop improvement of the KUL, 91.09, 91.15, 00.43 and 00.16 rooms.