Law Approving The Arrangement Between The Kingdom Of Belgium And The Republic Of India On The Pursuit Of Profit By The Spouses Of Staff Of Diplomatic Missions And Consular Posts, Concluded By Exchange Of Notes Dated

Original Language Title: Loi portant assentiment à l'Arrangement entre le Royaume de Belgique et la République de l'Inde sur l'exercice d'activités à but lucratif par les conjoints du personnel de missions diplomatiques et de postes consulaires, conclu par échange des notes datée

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5 MAI 2014. - An Act to approve the Agreement between the Kingdom of Belgium and the Republic of India on the exercise of for-profit activities by the spouses of diplomatic missions and consular posts, concluded by exchange of notes dated 8 August 2012 (1) (2)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement between the Kingdom of Belgium and the Republic of India on the exercise of for-profit activities by the spouses of diplomatic missions and consular posts, concluded by exchange of notes dated 8 August 2012 in New Delhi, will come out its full and full effect.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels on 5 May 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of the Interior,
Ms. J. MILQUET
Deputy Prime Minister and Minister of Social Affairs,
Ms. L. ONKELINX
Minister of Independents,
Mrs. S. LARUELLE
The Minister of Justice,
Ms. A. TURTELBOOM
The Minister of Employment,
Ms. M. DE CONINCK
Minister of Finance,
K. GEENS
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Senate (www.senate.be):
Documents: 5-2276
Annales du Sénat : 23/01/2014
House of Representatives (www.lachambre.be):
Documents: 53-3314
Full record: 13/03/2014
(2) Entry into force : 13/12/2014

NOTE VERBALE
J3
Our reference nr : 847
The Embassy of the Kingdom of Belgium presents its compliments to the Ministry of External Affairs of the Republic of India and has the honour to propose the conclusion of an Arrangement between the Kingdom of Belgium and the Republic of India, which aims to facilitate, on a reciprocal basis, the gainful occupation of certain family members of personnel of diplomatic missions from the sending State or of consular posts of the latter on the territory of the receiving State.
The Ministry of External Affairs of the Republic of India will find the provisions of this Arrangement enclosed with this note:
ARRANGEMENT BETWEEN THE KINGDOM OF BELGIUM AND THE REPUBLIC OF INDIA ON THE GAINFUL OCCUPATION OF SPOUSES OF DIPLOMATIC AND CONSULAR STAFF
ARTICLE 1
Scope of the Arrangement
1. On a reciprocal basis, the spouse of a member of the personnel of the mission of the sending State or of the personnel of the consular post of the same State as defined in Article 1 of the Vienna Conventions on Diplomatic (1961) and Consular Relations (1963), is authorized to engage in gainful occupation in the receiving State.
2. Authorization to engage in a gainful occupation is given by the authorities of the receiving State in accordance with its laws and regulations and the provisions of this Arrangement.
3. Such authorization does not extend to the nationals of the receiving State or permanent residents in its territory.
4. Unless the receiving State decides otherwise, authorization shall not be given to those beneficiaries who, having engaged in a gainful occupation, cease to form part of the household of the personnel described in the first paragraph of this Article.
5. The authorization shall apply during the period in which the personnel, covered in paragraph 1 of this Article, is assigned to the diplomatic mission or consular post of the sending State in the territory of the receiving State until the conclusion of the term of the assignment.
ARTICLE 2
Procedures
1. All requests for authorization to engage in a gainful occupation shall be sent, on behalf of the beneficiary, by the Embassy of the sending State to the Office of Protocol in the Ministry of External Affairs of the Republic of India or to the Protocol Division of the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium accordingly.
Upon verification that the person is a spouse of a member of the personnel of the mission of the sending State or of the consular post of the same State within the scope of the provision of Article 1, Sub-clause 1, and processing of the official request, the embassy of the sending State will be informed by the government of the receiving State gain that the dependent is eligible forful occupation.
2. The procedures followed shall be applied in a way that enables the beneficiary of the authorization to engage in a gainful occupation as soon as possible. All requirements relating to work permits and any other similar formalities shall be favourably applied.
3. Authorization for the beneficiary to engage in a gainful occupation shall not imply exemption from any legal or other requirements relating to personal characteristics, professional or other qualifications that the individual concerned must demonstrate in engaging in a gainful occupation.
ARTICLE 3
Civil and administrative privileges and immunities
In cases where the beneficiary of the authorization to engage in a gainful occupation enjoys immunity from the civil and administrative jurisdiction of the receiving State, in accordance with the provisions of the Vienna Conventions on diplomatic and consular relations or of any other applicable international instrument, such immunity shall not apply in respect of any act carried out in the course of the gainful occupation and falling within the civil or administrative law of the receiving State. The sending State shall waive immunity from execution of any sentence in relation to these matters.
ARTICLE 4
Criminal Immunity
In cases where a beneficiary of the authorization to engage in a gainful occupation enjoys immunity from the criminal jurisdiction of the receiving State, in accordance with the provisions of the Vienna Conventions referred to above or of any other international instrument:
a) the sending State shall waive the immunity from criminal jurisdiction enjoyed by the beneficiary of the authorization with regard to the receiving State in respect of any act or omission arising from the gainful occupation, except in special instances where the sending State considers that such a waiver could be contrary to its own interests;
b) such a waiver of immunity from criminal jurisdiction shall not be construed as extending to immunity from execution of the sentence, for which a specific waiver will be required. In the case of such a request, the sending State shall give serious consideration to the request of the receiving State.
ARTICLE 5
Taxation and social security regimes
In accordance with the provisions of the Vienna Conventions aforementioned or of any other applicable international instrument, beneficiaries of the authorization to engage in a gainful occupation shall be subject to the taxation and social security regimes of the receiving State for all matters connected with their gainful occupation in that State.
ARTICLE 6
Duration and termination
This Arrangement shall remain in force for an indefinite period, either Party being able to terminate it at any time by giving six (6) months' notice in writing to the other Party.
ARTICLE 7
Entry into Force
This Arrangement shall enter into force on the sixtieth day following the exchange of the last notification of the completion of the necessary constitutional and legal procedures.
The Kingdom of Belgium further proposes that, if these provisions are acceptable to the Republic of India, this note and its enclosure, together with the Republic of India's affirmative reply, shall constitute an Arrangement between our two Governments which shall enter into force according to article 7 of the enclosed provisions.
The Embassy of the Kingdom of Belgium avails itself of this opportunity to extend to the Ministry of External Affairs of the Republic of India the renewed assurances of its highest consideration.
Done in New Delhi on 8 August 2012

NOTE VERBALE
J3
Our reference number 847
The Embassy of the Kingdom of Belgium presents its compliments to the Ministry of Foreign Affairs of the Republic of India and has the honour to propose the conclusion of an Arrangement between the Kingdom of Belgium and the Republic of India to facilitate, on the basis of reciprocity, the exercise of activities for profit by certain members of the family members of the staff of the diplomatic missions of the sending State or of the consular posts of the latter State on the territory of the latter
The Ministry of Foreign Affairs of the Republic of India will find the provisions of this Agreement in the body of this note:
ARRANGEMENT BETWEEN THE BELGIUM ROYAL AND THE REPUBLIC OF INDIA ON THE EXERCISE OF ACTIVITIES TO BE LUCRATIFED BY THE CONJOINTS OF DIPLOMATIC MISSIONS AND CONSULAR POSTS
Article 1
Scope
1. The spouse of a staff member of the mission of the sending State or of 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) is authorized, on the basis of reciprocity, to carry out a profit activity in the host State.
2. The authorization to perform a for-profit activity is given by the authorities of the host State in accordance with its legal and regulatory provisions and in accordance with the provisions of this Agreement.
3. This authorization does not concern nationals of the host State or permanent residents in its territory.
4. Unless the host State decides otherwise, the authorization shall not be granted to that of the beneficiaries who, after having accepted a paid activity, ceases to be part of the family of the persons referred to in paragraph 1 of this article.
5. The authorization produces its effects during the period of assignment of persons referred to in paragraph 1 of this article in the diplomatic mission or consular post of the sending State in the territory of the receiving State, and ceases its effects at the latest at the end of this assignment.
Article 2
Procedures
1. Any request to obtain authorization to carry out a for-profit activity is 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 India 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.
Upon verification that the person is the spouse of a member of the staff of the mission of the sending State or of the staff of the consular post of the same State referred to in the scope of Article 1, subparagraph 1, and after examination of the official application, the embassy of the sending State will be informed by the government of the receiving State that the dependant may exercise the profit activity.
2. The procedures followed are applied in such a way that the recipient of the authorization can undertake a for-profit activity as soon as possible; all provisions governing work permits and other similar procedures are applied in a favourable sense.
3. 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 performance of his or her paid activity.
Article 3
Civil and administrative privileges and immunities
In the event that the beneficiary of the authorization to perform a for-profit activity has 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 from the exercise of the for-profit activity and returning to the scope of civil or administrative law of the State. The sending State shall raise the immunity of execution of any judicial decision in relation to such acts.
Article 4
Immunity in criminal matters
In the event that the beneficiary of the authorization to engage in a for-profit activity has the immunity of criminal jurisdiction in the receiving State, under the provisions of the aforementioned Vienna Conventions or any other international instrument:
(a) the sending State shall lift the immunity of a criminal jurisdiction enjoyed by the beneficiary of the authorization in respect of the receiving State for any act or omission arising out of the exercise of the for-profit activity, except in particular cases where the sending State considers that such measure may be contrary to its interests;
(b) this waiver of immunity from criminal jurisdiction shall not be considered to extend to the immunity of enforcement of the judicial decision, immunity for which a specific waiver must be required. In the case of such a specific request, the sending State will take the request of the receiving State seriously into consideration.
Article 5
Tax and social security schemes
In accordance with the provisions of the Vienna Conventions referred to above or under any other applicable international instrument, the beneficiaries of the authorization to carry out a for-profit activity are subject to the tax and social security regimes of the host State for all matters relating to the exercise of that activity in that State.
Article 6
Duration and denunciation
This Agreement shall remain in force for an indefinite period, each Party that may terminate it at any time, subject to a written notice of six months to the other Party.
Article 7
Entry into force
This Agreement shall enter into force on the sixtieth day after the date of exchange of the last notification of the fulfilment of the required constitutional and legal procedures.
The Kingdom of Belgium further proposes that, if these provisions are acceptable to the Republic of India, the present note and the text included therein, as well as the affirmative response of the Republic of India, constitute an Arrangement between our two Governments, which will enter into force in accordance with Article 7 of the provisions herein.
The Embassy of the Kingdom of Belgium takes the opportunity to renew to the Ministry of Foreign Affairs of the Republic of India the assurance of its very high consideration.
Done in New Delhi on August 8, 2012

NOTE VERBALE
WI(A)/202/17/2008
The Ministry of External Affairs, Republic of India, presents its compliments to the Embassy of the Kingdom of Belgium in India and has the honour to agree to the following:
ARRANGEMENT BETWEEN THE KINGDOM OF BELGIUM AND THE REPUBLIC OF INDIA ON THE GAINFUL OCCUPATION OF SPOUSES OF DIPLOMATIC AND CONSULAR STAFF
ARTICLE 1
Scope of the Arrangement
1. On a reciprocal basis, the spouse of a member of the personnel of the mission of the sending State or of the personnel of the consular post of the same State as defined in Article 1 of the Vienna Conventions on Diplomatic (1961) and Consular Relations (1963), is authorized to engage in gainful occupation in the receiving State.
2. Authorization to engage in a gainful occupation is given by the authorities of the receiving State in accordance with its laws and regulations and the provisions of this Arrangement.
3. Such authorization does not extend to the nationals of the receiving State or permanent residents in its territory.
4. Unless the receiving State decides otherwise, authorization shall not be given to those beneficiaries who, having engaged in a gainful occupation, cease to form part of the household of the personnel described in the first paragraph of this Article.
5. The authorization shall apply during the period in which the personnel, covered in paragraph 1 of this Article, is assigned to the diplomatic mission or consular post of the sending State in the territory of the receiving State until the conclusion of the term of the assignment.
ARTICLE 2
Procedures
1. All requests for authorization to engage in a gainful occupation shall be sent, on behalf of the beneficiary, by the Embassy of the sending State to the Office of Protocol in the Ministry of External Affairs of the Republic of India or to the Protocol Division of the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium accordingly.
Upon verification that the person is a spouse of a member of the personnel of the mission of the sending State or of the consular post of the same State within the scope of the provision of Article 1, Sub-clause 1, and processing of the official request, the embassy of the sending State will be informed by the government of the receiving State gain that the dependent is eligible forful occupation.
2. The procedures followed shall be applied in a way that enables the beneficiary of the authorization to engage in a gainful occupation as soon as possible. All requirements relating to work permits and any other similar formalities shall be favourably applied.
3. Authorization for the beneficiary to engage in a gainful occupation shall not imply exemption from any legal or other requirements relating to personal characteristics, professional or other qualifications that the individual concerned must demonstrate in engaging in a gainful occupation.
ARTICLE 3
Civil and administrative privileges and immunities
In cases where the beneficiary of the authorization to engage in a gainful occupation enjoys immunity from the civil and administrative jurisdiction of the receiving State, in accordance with the provisions of the Vienna Conventions on diplomatic and consular relations or of any other applicable international instrument, such immunity shall not apply in respect of any act carried out in the course of the gainful occupation and falling within the civil or administrative law of the receiving State. The sending State shall waive immunity from execution of any sentence in relation to these matters
ARTICLE 4
Criminal Immunity
In cases where a beneficiary of the authorization to engage in a gainful occupation enjoys immunity from the criminal jurisdiction of the receiving State, in accordance with the provisions of the Vienna Conventions referred to above or of any other international instrument:
a) the sending State shall waive the immunity from criminal jurisdiction enjoyed by the beneficiary of the authorization with regard to the receiving State in respect of any act or omission arising from the gainful occupation, except in special instances where the sending State considers that such a waiver could be contrary to its own interests;
b) such a waiver of immunity from criminal jurisdiction shall not be construed as extending to immunity from execution of the sentence, for which a specific waiver will be required. In the case of such a request, the sending State shall give serious consideration to the request of the receiving State.
ARTICLE 5
Taxation and social security regimes
In accordance with the provisions of the Vienna Conventions aforementioned or of any other applicable international instrument, beneficiaries of the authorization to engage in a gainful occupation shall be subject to the taxation and social security regimes of the receiving State for all matters connected with their gainful occupation in that State.
ARTICLE 6
Duration and termination
This Arrangement shall remain in force for an indefinite period, either Party being able to terminate it at any time by giving six (6) months' notice in writing to the other Party.
ARTICLE 7
Entry into Force
This Arrangement shall enter into force on the sixtieth day following the exchange of the last notification of the completion of the necessary constitutional and legal procedures.
2. The Ministry of External Affairs, Republic of India, further agrees to the proposal of the Embassy of the Kingdom of Belgium that the Belgian Note and this Note in reply shall constitute the Arrangement between our two Governments which shall enter into force according to article 7 of the enclosed provisions.
3. The Ministry of External Affairs, Republic of India, avails itself of this opportunity to renew to the Embassy of the Kingdom of Belgium in India the assurances of its highest consideration.
New Delhi, 8 August 2012

NOTE VERBALE
WI(A)/202/17/2008
The Ministry of Foreign Affairs of the Republic of India presents its compliments to the Embassy of the Kingdom of Belgium and has the honour to mark its agreement on the following:
ARRANGEMENT BETWEEN THE BELGIUM ROYAL AND THE REPUBLIC OF INDIA ON THE EXERCISE OF ACTIVITIES TO BE LUCRATIFED BY THE CONJOINTS OF DIPLOMATIC MISSIONS AND CONSULAR POSTS
Article 1
Scope
1. The spouse of a staff member of the mission of the sending State or of 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) is authorized, on the basis of reciprocity, to carry out a profit activity in the host State.
2. The authorization to perform a for-profit activity is given by the authorities of the host State in accordance with its legal and regulatory provisions and in accordance with the provisions of this Agreement.
3. This authorization does not concern nationals of the host State or permanent residents in its territory.
4. Unless the host State decides otherwise, the authorization shall not be granted to that of the beneficiaries who, after having accepted a paid activity, ceases to be part of the family of the persons referred to in paragraph 1 of this article.
5. The authorization produces its effects during the period of assignment of persons referred to in paragraph 1 of this article in the diplomatic mission or consular post of the sending State in the territory of the receiving State, and ceases its effects at the latest at the end of this assignment.
Article 2
Procedures
1. Any request to obtain authorization to carry out a for-profit activity is 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 India 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.
Upon verification that the person is the spouse of a member of the staff of the mission of the sending State or of the staff of the consular post of the same State referred to in the scope of Article 1, subparagraph 1, and after examination of the official application, the embassy of the sending State will be informed by the government of the receiving State that the dependant may exercise the profit activity.
2. The procedures followed are applied in such a way that the recipient of the authorization can undertake a for-profit activity as soon as possible; all provisions governing work permits and other similar procedures are applied in a favourable sense.
3. 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 performance of his or her paid activity.
Article 3
Civil and administrative privileges and immunities
In the event that the beneficiary of the authorization to perform a for-profit activity has 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 from the exercise of the for-profit activity and returning to the scope of civil or administrative law of the State. The sending State shall raise the immunity of execution of any judicial decision in relation to such acts.
Article 4
Immunity in criminal matters
In the event that the beneficiary of the authorization to engage in a for-profit activity has the immunity of criminal jurisdiction in the receiving State, under the provisions of the aforementioned Vienna Conventions or any other international instrument:
(a) the sending State shall lift the immunity of a criminal jurisdiction enjoyed by the beneficiary of the authorization in respect of the receiving State for any act or omission arising out of the exercise of the for-profit activity, except in particular cases where the sending State considers that such measure may be contrary to its interests;
(b) this waiver of immunity from criminal jurisdiction shall not be considered to extend to the immunity of enforcement of the judicial decision, immunity for which a specific waiver must be required. In the case of such a specific request, the sending State will take the request of the receiving State seriously into consideration.
Article 5
Tax and social security schemes
In accordance with the provisions of the Vienna Conventions referred to above or under any other applicable international instrument, the beneficiaries of the authorization to carry out a for-profit activity are subject to the tax and social security regimes of the host State for all matters relating to the exercise of that activity in that State.
Article 6
Duration and denunciation
This Agreement shall remain in force for an indefinite period, each Party that may terminate it at any time, subject to a written notice of six months to the other Party.
Article 7
Entry into force
This Agreement shall enter into force on the sixtieth day after the date of exchange of the last notification of the fulfilment of the required constitutional and legal procedures.
2. The Ministry of Foreign Affairs of the Republic of India also accepts the proposal of the Embassy of the Kingdom of Belgium, namely that the Note of Belgium and the present Note in reply constitute the Agreement between our two Governments, which will enter into force in accordance with Article 7 of the provisions herein.
3. The Ministry of Foreign Affairs of the Republic of India takes the opportunity to renew to the Embassy of the Kingdom of Belgium in India the assurance of its very high consideration.
New Delhi, 8 August 2012