belgiquelex.be - Carrefour Bank of Legislation 23 AOUT 2015. - An Act to insert into the Judicial Code an article 1412 which governs the seizure of property belonging to a foreign power or a supranational or international public law organization (1)
PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1
er. This law regulates a matter referred to in Article 74 of the Constitution.
Art. 2. In Part Five, Part One, Chapter V, of the Judiciary Code, an article 1412quinquies, read as follows:
"Art. 1412quinquies. § 1
er. Subject to the application of supranational and international peremptory provisions, property belonging to a foreign power located in the territory of the Kingdom, including bank accounts held or managed by that foreign power, in particular in the exercise of the functions of the diplomatic mission of the foreign power or its consular posts, its special missions, its missions to international organizations, or its delegations in the organs of international organizations or international conferences, shall be eligible.
§ 2. Derogation from paragraph 1
er, a creditor with an enforceable title or an authentic or private title that, as the case may be, bases the seizure, may file an application with the seizure judge to request permission to seize the assets of a foreign power referred to in paragraph 1
er provided that it demonstrates that one of the following conditions is met:
1° if the foreign power has expressly and specifically consented to the seizure of that property;
2° if the foreign power has reserved or assigned these assets to the satisfaction of the claim that is the subject of the enforceable title or the authentic or private title that, as the case may be, bases the seizure;
3° if it has been established that these assets are specifically used or intended to be used by the foreign power other than for non-commercial public service purposes and are located in the territory of the Kingdom, provided that the seizure is only related to property that is related to the entity covered by the enforceable title or the authentic or private title that, as the case may be, bases the seizure.
§ 3. Immunity referred to in paragraph 1
er and the exceptions to this immunity referred to in paragraph 2 also apply to the property referred to in these paragraphs if they do not belong to the foreign power itself, but to a federated entity of that foreign power, even if that entity does not have the international legal personality, to a dismemberment of that foreign power within the meaning of Article 1412ter, § 3, paragraph 2, or to a decentralized territorial authority or any other political division of that foreign power.
Immunity referred to in paragraph 1
er and the exceptions to this immunity referred to in paragraph 2 also apply to the property referred to in these paragraphs if they do not belong to a foreign power, but to a supranational or international public law organization that uses them or destinies for similar purposes for non-commercial public service purposes. ".
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 Geneva, 23 August 2015.
PHILIPPE
By the King:
Minister of Justice,
K. GEENS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) See:
Documents of the House of Representatives:
54-1241/7 - 2014/2015:
No. 1: Proposal by Mr. Terwingen, Ms. Becq, Mr. Foret and Mr. Goffin, Ms. Van Cauter and Mr. Verherstraeten.
Number two: Report.
No. 3: Text adopted by the commission.
No. 4: Text adopted in plenary and subject to Royal Assent.
Full report: July 23, 2015.
