Posted the: 2015-08-04 Numac: 2010015114 SERVICE PUBLIC FEDERAL Foreign Affairs, external trade and development COOPERATION may 7, 2010. -Law concerning consent to the agreement between the Kingdom of Belgium and the Government of the Republic of Turkey on the pursuit of profit by some members of the family of the staff of diplomatic missions and consular posts, signed in Istanbul on October 31, 2008 (1) (2) 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 agreement between the Kingdom of Belgium and the Government of the Republic of Turkey on the pursuit of profit by some members of the family of the staff of diplomatic missions and consular posts, signed in Istanbul on October 31, 2008, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, may 7, 2010.
ALBERT by the King: Foreign Minister S. VANACKERE. the Minister of finance, D. REYNDERS the Minister for Social Affairs, Mrs L. ONKELINX.
The Minister of employment, Ms. J. MILQUET. the Minister of Justice, S.
CLERCK the Minister of independent, Ms. S. LARUELLE Minister of the Interior, Ms. A. TURTELBOOM seen and sealed with the seal of the State: the Minister of Justice, S. DE CLERCK sealed with the seal of the State: the Minister of Justice, S. DE CLERCK _ Notes (1) 2009-2010 Session.
Documents. -Bill filed on November 3, 2009, no. 4 - 1489/1. -Report, n °. 4 1489/2.
Parliamentary Annals. -Discussion and vote. December 10, 2009 meeting.
Documents. -Draft transmitted by the Senate, no. 52-2321/1.
-Report on behalf of the Committee, no. 52-2321/2. -Text adopted in plenary and subject to Royal assent, session No. 52-2321/3.
Parliamentary Annals. -Discussion and vote. Meeting of January 28, 2010.
(2) date of entry into force: 14 August 2015. (art. 6)
Agreement between the Kingdom of Belgium and the Government of the Republic of Turkey on the pursuit of profit by some family members of the staff of diplomatic missions and posts consular. the Kingdom of Belgium and the Government of the Republic of Turkey desiring of concluding an agreement to facilitate the pursuit of profit by some members of the family of members of the staff of diplomatic or consular of the sending State assigned to the receiving State or from international organizations having a seat in the host State.
HAVE agreed as follows: Article 1 scope of application are allowed, based on reciprocity, to engage in activities for profit in the receiving State the "family members" following, hereinafter referred to as the beneficiaries: has) the spouse and unmarried children aged less than eighteen (18) years to a diplomatic agent or consular official of the sending State;
(b) while the spouse of another Member of the staff of the mission of the State of dispatch or staff of the consular post of the same State;
as defined in article 1 of the Vienna Conventions on diplomatic relations (1961) and consular (1963) and assigned to the State home or with international organisations having a seat in the host State any permission to engage in an activity for profit in the host State will cease its effects at the end of the assignment of the staff member of the diplomatic mission, consular post or the mission to an international organization. The authorization shall be withdrawn if the beneficiary ceases to be a member of the family.
This permission does not apply to nationals of the host State nor permanent residents in its territory.
The authorization will be issued for a period not exceeding one year but may be renewed for successive periods of the same duration.
Section 2 Procedures 1. Any application for permission to engage in an activity for profit will be sent on behalf of the beneficiary by the Embassy of the sending State: from the Directorate of Protocol of the Ministry of Foreign Affairs of the Republic of Turkey;
Direction of the Protocol of the federal public Service of Foreign Affairs, external trade and Cooperation in the development of the Kingdom of Belgium, as the case may be.
After verification that the person is to an agent under the scope of article 1, and after consideration of the formal request, the Embassy of the sending State shall be informed by the Ministry of Foreign Affairs of the host State that the dependant is authorized to carry on business for profit.
2. the procedures followed will be applied in a manner such that the recipient can undertake an activity for profit in the shortest and the procedure governing work permits and similar procedures will be applied in a favorable sense.
3. permission to engage in an activity for profit will be exclusively given by the authorities of the host State in accordance with the legal and regulatory provisions in force in that State and in accordance with the provisions of this agreement.
No exemption for the recipient to meet the usual or regulatory requirements relating to personal data, professional qualifications or other that the person concerned must justify to the exercise of a remunerated activity will result in permission to engage in an activity for profit.
4. the authorisation to carry on a business for profit may be refused for reasons of national security.
Article 3 immunity in criminal matters where family members enjoy immunity from jurisdiction in criminal matters in the State of home, under the provisions of the Vienna Convention on diplomatic relations of 1961, the Vienna Convention of 1963 on consular or any other international instrument applicable relations: a) the sending State will throw the immunity from criminal jurisdiction enjoyed by the Member of the family concerned against the host State for any act or omission arising from the exercise of the activity for profit, except in cases where the sending State considers that this waiver of immunity would be contrary to its interests;
(b) the sending State will seriously consider the lifting of immunity from execution of a judicial decision with respect to the Member of the family concerned, as soon as the competent court of the host State delivered a decision in this sense.
Article 4 Privileges and immunities in civil and administrative matters in the event that the beneficiary of the authorization to carry on a business for profit enjoys immunity from civil and administrative jurisdiction in the receiving State, under the provisions of the Vienna Conventions on diplomatic and consular relations or any other applicable international instrument, this immunity does not apply to the acts of the exercise activity profit and returning in the field application of the civil or administrative of the host State.
The sending State will throw the immunity of execution of any judicial decision is relative.
Article 5 plans concerned tax and social security in accordance with the provisions of the Vienna Conventions on diplomatic and consular relations or under any other applicable international instrument, the family members are subject to tax regimes and social security of the State of home for everything that relates to the exercise of this activity in the host State.
Article 6 entry into force this Agreement shall enter into force the sixtieth day following the exchange of the last notification of the completion of the constitutional and legal procedures required.
Article 7 duration and termination this Agreement shall remain in force for an indefinite period until its denunciation by one of the States, with a notice of six (6) months sent in writing to the other State.
IN witness whereof, the undersigned representatives, duly authorized by their respective Governments, have signed this agreement.
DONE at Istanbul, the 31st day of the month of October in the year 2008, in two originals, each in the languages Dutch, French, Turkish and English, all texts being equally authentic.