belgiquelex.be - Carrefour Bank of Legislation 7 MAI 2010. - An Act to Accredit the Agreement between the Kingdom of Belgium and the Government of the Republic of Turkey on the Exercise of For-profit Activities by Certain Members of the Family of Diplomatic Missions and Consular Positions, signed in Istanbul on 31 October 2008 (1) (2)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1
er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement between the Kingdom of Belgium and the Government of the Republic of Turkey on the exercise of for-profit activities by certain members of the family of diplomatic missions and consular posts, signed in Istanbul on 31 October 2008, will emerge its full and full effect.
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 7 May 2010.
ALBERT
By the King:
Minister of Foreign Affairs,
S. VANACKERE
Minister of Finance,
D. REYNDERS
The Minister of Social Affairs,
Mrs. L. ONKELINX.
The Minister of Employment,
Ms. J. MILQUET
Minister of Justice,
S. DE CLERCK
Minister of Independents,
Mrs. S. LARUELLE
The Minister of the Interior,
Ms. A. TURTELBOOM
Seen and sealed the state seal:
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Notes
(1) 2009-2010 session.
Senate.
Documents. - Bill tabled on 3 November 2009, No. 4-1489/1. - Report, no. 4-1489/2.
Annales parliamentarians. - Discussion and voting. Session of December 10, 2009.
Room.
Documents. - Project transmitted by the Senate, No. 52-2321/1. - Report made on behalf of the commission, No. 52-2321/2. - Text adopted in plenary and subject to Royal Assent, No. 52-2321/3.
Annales parliamentarians. - Discussion and voting. Session of January 28, 2010.
(2) Effective date: August 14, 2015. (art. 6)
Agreement between the Kingdom of Belgium and the Government of the Republic of Turkey on the exercise of for-profit activities by certain family members of diplomatic missions and consular posts
BELGIUM ROYAUME
and
THE GOVERNMENT OF THE TURKEY REPUBLIC
STATUS OF CONCLUDING an agreement to facilitate the exercise of for-profit activities by certain members of the family of personnel of diplomatic missions or consular posts of the sending State assigned to the host State or to international organizations having a seat in the host State.
AGAINST the following:
Article 1
erScope
On the basis of reciprocity, the following "members of the family" are authorized to carry out a for-profit activity in the host State:
(a) the spouse and unmarried children under the age of eighteen (18) who are dependent on a diplomatic officer or consular officer of the sending State;
(b) as well as the spouse of another member of the mission staff of the sending State or the staff of the consular post of the same State;
as defined in Article 1 of the Vienna Conventions on Diplomatic Relations (1961) and Consular Relations (1963) and assigned to the host State or to international organizations having a seat in the host State
Any authorization to carry out a for-profit activity in the host State shall cease its impact upon the assignment of the staff member of the diplomatic mission, consular post or mission to an international organization. The authorization will be withdrawn if the beneficiary ceases to be a member of the family.
This authorization does not concern nationals of the host State or permanent residents in its territory.
The authorization will be issued for a period not exceeding one year but may be renewed by successive periods of equal duration.
Article 2
Procedures
1. Any request to obtain authorization to carry out a for-profit activity will be sent, on behalf of the beneficiary, by the embassy of the sending State:
• to the Directorate of the Protocol of the Ministry of Foreign Affairs of the Republic of Turkey;
• or the Directorate of the Protocol of the Federal Public Service for Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium, as appropriate.
After verification that the person is dependent on an agent referred to in the scope of section 1
er, and after reviewing the official request, the Embassy of the sending State will be informed by the Ministry of Foreign Affairs of the receiving State that the dependant is authorized to carry out the for-profit activity.
2. The procedures will be applied in such a way that the recipient can undertake a for-profit activity as soon as possible and the procedure for work permits and similar formalities will be applied in a favourable sense.
3. The authorization to carry out a for-profit activity shall be granted exclusively 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.
Authorization to conduct a for-profit activity will not result in a dispensation for the recipient to meet the usual or regulatory requirements for personal, professional or other data that the individual is required to justify for the exercise of a paid activity.
4. Permission to conduct a for-profit activity may be denied on national security grounds.
Article 3
Immunity in criminal matters
In the event that members of the family enjoy the immunity of criminal jurisdiction in the host State, under the provisions of the 1961 Vienna Convention on Diplomatic Relations, the 1963 Vienna Convention on Consular Relations or any other applicable international instrument:
(a) the sending State shall lift the immunity of criminal jurisdiction enjoyed by the member of the family concerned in respect of the receiving State for any act or omission arising out of the exercise of the for-profit activity, except in cases where the sending State considers that such waiver of immunity may be contrary to its interests;
(b) the sending State shall take seriously into consideration the waiver of immunity from the execution of a judicial decision with respect to the member of the family concerned, as soon as the competent court of the host State makes a decision in this regard.
Article 4
Civil and administrative privileges and immunities
In the event that the beneficiary of the authorization to engage in a for-profit activity enjoys the immunity of jurisdiction in civil and administrative matters in the host State, under the provisions of the Vienna Conventions on Diplomatic and Consular Relations or any other applicable international instrument, such immunity does not apply to acts arising in the course of the exercise of the for-profit activity and returning in the field of application of civil law or The sending State will raise the immunity of execution of any relevant judicial decision.
Article 5
Tax and social security schemes
In accordance with the provisions of the Vienna Conventions on Diplomatic and Consular Relations or under any other applicable international instrument, the members of the family concerned are subject to the tax and social security regimes of the host State for all matters relating to the exercise of this activity in the host State.
Article 6
Entry into force
This Agreement shall enter into force on the sixtieth day following the exchange of the last notification of the fulfilment of the required constitutional and legal procedures.
Article 7
Duration and denunciation
This Agreement shall remain in force for an indefinite period until its denunciation by one of the States, subject to a written notice of 6 (six) months to the other State.
IN WITNESS WHEREOF, the undersigned representatives, duly authorized by their respective Governments, have signed this Agreement.
DONE in Istanbul on the 31st day of October of 2008, in two original copies, each in French, Dutch, Turkish and English languages, all texts being equally authentic.
