Law Inserting In The Judicial Code Article 1412Quinquies Governing The Seizure Of Property Belonging To A Foreign Power Or A Supranational Or International Public Law Organization (1)

Original Language Title: Loi insérant dans le Code judiciaire un article 1412quinquies régissant la saisie de biens appartenant à une puissance étrangère ou à une organisation supranationale ou internationale de droit public (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015009459&caller=list&article_lang=F&row_id=200&numero=254&pub_date=2015-09-03&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-09-03 Numac: 2015009459 SERVICE PUBLIC FÉDÉRAL JUSTICE 23 August 2015. -Law inserting in the Judicial Code article 1412quinquies governing the seizure of property belonging to a foreign power or a supranational or international law organization public (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The House of representatives has adopted and we sanction the following: Article 1.
This law regulates a matter referred to in article 74 of the Constitution.
S. 2. in the fifth part, title I, chapter V, of the Judicial Code, it is inserted an article 1412quinquies, worded as follows: "article 1412quinquies. § 1. Subject to the application of the mandatory supranational and international property belonging to a foreign power who are on the territory of the Kingdom, including bank accounts that are owned or managed by this foreign power, especially in the exercise of the functions of the diplomatic mission of the foreign power or its consular posts, special missions its missions to international organizations, or of its delegations to organs of international organizations or to international conferences, are elusive.
§ 2. By way of derogation from paragraph 1, the creditor with an enforceable title or an authentic or private title which, according to the case, based the seizure, may introduce a motion with the judge asking permission to seize the assets of a foreign power referred to in paragraph 1 provided that it demonstrates one of the following conditions is met: 1 ° if the foreign power expressly and specifically agreed to the seizability of this property;
2 ° If the foreign power allocated or earmarked that property to the satisfaction of the claim which is the object enforcement order or authentic or private title which, according to the case, based the seizure;
3 ° if it has been established that these goods are specifically used or intended to be used by the foreign power other than for purposes of public service non-commercial and are located on the territory of the Kingdom, provided that the entry applies only to goods that have a connection with the entity referred to in the writ or authentic or private title which , depending on the case, founded the seizure.
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3. The immunity referred to in paragraph 1 and the exceptions to immunity referred to in paragraph 2 shall also apply to goods referred to in these paragraphs if they do not belong to the same, foreign power but to an entity Federated of this foreign power, even if that entity has no international legal personality, to a dismemberment of this foreign power within the meaning of article 1412ter , § 3, paragraph 2, or to a decentralized territorial community or any political division of this foreign power.
The immunity referred to in paragraph 1 and the exceptions to the immunity referred to in paragraph 2 shall also apply to goods referred to in these paragraphs if they are not in power foreign, but rather to a supranational or international organization under public law which uses them or intended them to use for similar purposes for the purpose of public service non-commercial. "."
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Geneva, August 23, 2015.
PHILIPPE by the King: the Minister of Justice, K. GARG sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) see: records of the House of representatives: 54-1241/7-2014/2015: No. 1: Bill of Mr. Terwingen, Ms. Becq, Messrs. Foret and Goffin, Ms. Van Cauter and M. Verherstraeten.
No. 2: report.
No. 3: Texts adopted by the commission.
No. 4: Text adopted in plenary meeting and submitted to Royal assent.
Full report: July 23, 2015.