Posted the: 2015-06-17 Numac: 2014015139 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE may 27, 2014. -Law concerning consent to the agreement between the Kingdom of Belgium and the United States of America relating to the status of a category of staff of U.S. Forces, done at Brussels on 13 July 2012 (1) (2) (3) PHILIPPE, 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 United States of America relating to the status of a category of staff of U.S. Forces, done at Brussels on July 13, 2012, will release its full and complete effect.
S. 3. this Act has effect on July 13, 2012.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on May 27, 2014.
PHILIPPE by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Deputy Prime Minister and Minister of Social Affairs and public health, Ms. L. ONKELINX. the Minister of finance, K. GARG sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Senate (www.senate.be): Documents: 5-2521.
Annals of the Senate: 27/03/2014.
House of representatives (www.lachambre.be): Documents: 53-3507.
Full report: 2014-04-23.
(2) see the order of the Flemish Region from July 5, 2013 (Moniteur belge of 30 July 2013 - Ed 1), the Decree of the Walloon Region from March 12, 2015 (Moniteur belge of 24 March 2015) and the order of the Brussels-Capital Region from April 3, 2014 (Moniteur belge of 7 may 2014 - Ed.
(1) (3) date of entry into force: 26 March 2015 (art. 6) agreement between the Kingdom of Belgium and the United States of America relating to the status of a category of staff of United States FORCES the Kingdom of Belgium and the United States of America, hereinafter referred to as the Contracting Parties;
WHEREAS the agreement between the States parties to the Treaty of the North Atlantic on the status of their forces, signed in London on 19 June 1951, hereinafter referred to as the NATO SOFA;
WHEREAS the Protocol on the Statute of the military headquarters international created the Treaty of the North Atlantic, signed in Paris on August 28, 1952, hereinafter referred to as the Paris Protocol;
WHEREAS the agreement between the Kingdom of Belgium and the District General Supreme Allied in Europe regarding the special conditions of installation and operation of this headquarters on the territory of the Kingdom of Belgium, signed in Brussels on 12 May 1967, hereinafter referred to as the agreement Belgium-SHAPE;
WHEREAS the Convention between the Kingdom of Belgium and the United States of America on social security, signed at Washington February 19, 1982, hereinafter referred to as the security agreement social day;
WHEREAS the Convention between the Government of the Kingdom of Belgium and the Government of the United States of America for the avoidance of double taxation and prevent fiscal evasion with respect to taxes on income, signed at Brussels on 27 November 2006;
Whereas it is necessary to establish specific provisions concerning the plan and the status relevant to a class of contractual personnel of the Forces of the United States of America (hereinafter referred to as United States Forces), paid directly or indirectly by funds of the Government of the United States of America and detached temporarily from commercial and non-commercial organizations and exclusively at the service of the Forces of the United States and the civilian component of those Forces in Belgium;
HAVE agreed as follows: Article 1 1.
For the implementation in Belgium of NATO SOFA and of agreement Belgium-SHAPE, some members of the contract staff temporarily detached commercial and non-commercial organizations that are nationals of the United States or permanent residents of the United States of America, paid directly or indirectly by funds from the Government of United States of America and who accompany U.S. Forces in Belgium, are treated as members of the civilian component accompanying U.S. Forces within the meaning of article I , § 1, b, of the NATO SOFA, through an administrative arrangement between the Parties represented by the authorities concerned, prior to the exercise of their functions in Belgium and as far as these meet the conditions mentioned in the third and fourth paragraphs of this article.
However article X of the NATO SOFA applies to staff members as long as they are actually subject to tax on the income in the United States.
2. as regards social security, contract staff referred to in paragraph 1, as well as their family members, will be subject to the provisions of the Convention on social security BACC.
3. the staff members seconded temporarily to commercial or non-commercial organizations that can benefit from the provisions of paragraph 1 of this article include United States nationals and permanent residents of the United States of America who are exclusively in service in support of U.S. Forces and their civilian component in Belgium, employed by U.S. Forces or employees by contractors of the United States under contracts awarded and managed by U.S. Forces under the responsibility management of these Forces and who are temporarily detached: has) an organization of the United States non commercial and accompanying the Forces of the United States in Belgium with the sole purpose to contribute to their health, their well-being, their morale and their training. Non-commercial organizations include, but not be limited to, youth movements or universities.
(b) of an organization of United States commercial and accompanying the Forces of the United States as people providing services of analytical support as technical experts or as persons responsible for the social troops and medical assistance:-by persons providing services of analytical support, means persons providing analytical support providing support in the area of military planning and the analysis of intelligence and the activities that support various commands via strategic planning and war;
-by technical experts, means people who are needed to meet military requirements from U.S. Forces in areas requiring advanced technical knowledge or complex tasks of a military nature or scientific nature. Technical experts said are individuals with the skills and knowledge necessary for performing technical tasks of a military or scientific nature and meets the requirements for authorization of security from U.S. Forces. These people must have acquired this skill and this knowledge by their level of graduate studies or a period of experience and specialized training.
Among them, one can also count highly skilled workers in manual occupations or functions within the private sector, including: (i) computer software engineers;
(ii) responsible for the aircraft maintenance technicians (including aircraft used for travel by the supreme commander of Allied Command Europe/Commander of the forces of the United States in Europe), of the combat vehicles and weapons systems.
(iii) persons to whom their capacity as former officer or former non-commissioned officer gives military technical skills or technical military knowledge required for the performance of their work in addition to their other skills.
-persons responsible for the medical and social assistance to the troops, means those who provide services medical, social and vocational guidance to members of the strength of the civilian component and dependants within the meaning of the NATO SOFA.
4. in order to invoke the provisions of article 1, paragraph 1 of the present agreement, contract staff shall fulfil the following conditions has) they must work in Belgium exclusively under the authority, direction and management direct the military authorities of the United States Forces and;
(b) they cannot be detached temporarily from an institution of a private firm, established in Belgium or in the European Union, and they may not exercise any other occupation in the European Union and;
(c) they may have in Belgium of the power to act on behalf of their company of origin and to enter into contracts which oblige the company of which they are seconded temporarily to the extent where this causes the existence of a permanent establishment of their firm in Belgium, as determined in article 5, § 5 of the Convention of November 27, 2006, between the Government of the Kingdom of Belgium and the Government of the United States of America for the avoidance of double taxation and to fiscal evasion with respect to taxes on income and;
(d) they must be regarded by the United States Forces who use them as part of the Forces personnel and subject to the disciplinary authority thereof and;
(e) the contract of the staff with their employer of origin must explicitly provide
the award of the status of Member of the civilian component for the duration of their employment by the Forces, and;
(f) members of staff may be engaged for tasks pertaining to the local needs of the Forces of the United States within the meaning of article IX, § 4 of the NATO SOFA, and;
(g) activities should be limited to those which cannot be provided by commercial organizations or non-established in the European Union without prejudice to military requirements and security from U.S. Forces.
5. the number of the members of this category of civilian staff of the United States Forces in service on Belgian territory which can benefit from the assimilation referred to in paragraph 1 of the present article shall not exceed 75.
Exceptional measure, this number can be increased by a decision of the Belgian Minister of Foreign Affairs at the request of the United States Forces.
Article 2 the personnel referred by the assimilation described in article 1, paragraph 1 of the present agreement, may include:-stateless persons;
-nationals of a State which is not a party to the North Atlantic Treaty;
-nationals and habitual residents of the Belgium or a State of the European Union.
Section 3(1). Before the arrival in Belgium and before any assimilation as a member of the civilian as provided for in article 1, paragraph 1 of this agreement, the military representative national of the United States from SHAPE will submit to the President of the Inter-Ministerial Committee for the policy of Siege (CIPS) the necessary documents in order to verify that these people meet the criteria and conditions determined by this agreement.
The exchanges of letters as well as the exchange of information and other necessary contacts relating to this category of staff are the administrative arrangement referred to in article 1, paragraph 1 of this agreement, and will be made through the Belgian national military representative to SHAPE.
The Belgian authorities will treat these applications as soon as possible and communicate their approval or disapproval written, normally within a period of 30 days.
2. the contracts of employment of contract staff temporarily seconded from organizations commercial and non-commercial, referred to in article 1, paragraph 1 of the present agreement, shall include a statement stipulating that this staff member will work exclusively for the needs of the United States Forces and engage in any other occupation to be local in the European Union. The contract will also include a description of the specific functions that this staff member will fill out and will stipulate the duration of the contract.
3. prior to arrival in Belgium of the staff referred to in article 1, paragraph 1 of the present agreement, the formalities laid down for the application of the provisions of the bilateral convention on social security BACC have been completed and the required forms issued.
4. in order to provide the relevant Belgian authorities the information necessary for the correct application of the present agreement, the national military representative of the United States to SHAPE will send to the Interministerial Committee for the Headquarters policy, through the military national Belgian Representation at SHAPE, before 31 March of each year, an annual report indicating the list of holders of this category of personnel referred to in article 1 , paragraph 1 of the present agreement, in service the previous year, the date of approval of the Belgian authorities and the total number of persons and the functions occupied by seconded staff.
Article 4 1.
The Belgian authorities or their representatives may make occasional visits to workplaces controlled by the United Forces of the contractual employees who have been assimilated as members of the civilian component in accordance with article 1, paragraph 1 of this agreement, in order to verify their status and the proper execution of this agreement.
These visits will take place in consultation with the competent authorities of the United States Forces and will be carried out in accordance with the operational needs and the operational requirements of U.S. Forces to disrupt the least possible activities of the Forces of the United States.
In the case of facilities located on the site of the SHAPE, these visits will take place in consultation with the authorities of the SHAPE, in addition to consultation with the authorities of the United States Forces.
2. the paragraph above shall apply without prejudice to the application of articles XI, § 1, and XII of the NATO SOFA and the provisions that the Customs and tax authorities may consider necessary to prevent abuse.
Article 5 when taking office in Belgium, members of the contract staff referred to in article 1 of the present agreement, which have been the subject of assimilation as members of the civilian component, enjoys the privileges and immunities granted to the other members of the civilian component, under the NATO SOFA, the Paris Protocol and of the agreement Belgium-SHAPE under the same terms and conditions as those that apply to the civilian component.
Article 6 this Agreement shall enter into force the day of the last written notification addressed through diplomatic channels by which the Parties shall inform each other of what all their national procedures necessary for the entry into force of this agreement have been completed.
Article 7 each Contracting Party may send a proposal for amendment to this agreement to the other Contracting Party. This agreement will be amended by mutual written agreement of the Contracting Parties. Any agreement approved amendment enters into force the day of the last of the written notifications addressed through diplomatic channels by which the Parties shall inform each other of what all their national procedures necessary for the entry into force of the amendment have been completed.
Article 8 any dispute between the Contracting Parties with respect to the interpretation or application of this Agreement shall be settled by negotiation between them.
This agreement will have an unlimited duration.
Each Contracting Party may terminate this agreement by written notification through diplomatic channels to the other party. The termination will be effective six months after the date of dispatch of the notification.
IN witness whereof, the undersigned, being duly authorized by their respective Governments, have signed this agreement.
DONE at Brussels, Belgium on July 13, 2012, in two originals, in french, English and Dutch; the french and English texts being equally authentic.