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

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014015142&caller=list&article_lang=F&row_id=400&numero=465&pub_date=2014-12-03&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-12-03 Numac: 2014015142 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE 5 may 2014. -Law concerning consent to 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 in New Delhi on 8 August 2012 (1) (2) 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 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 in New Delhi on August 8, 2012, will release its full and complete effect.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, may 5, 2014.
PHILIPPE by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Deputy Prime Minister and Minister of the Interior, Ms. J. MILQUET. the Deputy Prime Minister and Minister of Social Affairs, Ms. L. ONKELINX the Minister of independent, Ms. S. LARUELLE. the Minister of Justice, Ms. A. TURTELBOOM. the Minister of employment, Ms. M. DE CONINCK Finance Minister , K. GARG sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Senate (www.senate.be): Documents: 5-2276 annals of the Senate: 23/01/2014 House of representatives (www.lachambre.be): Documents: complete record 53-3314: 13/03/2014 (2) effective date: 2014-12-13 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 agreement 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 staff 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 Agreement enclosed with this note: agreement 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 agreement 1.
On a reciprocal basis, 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 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 staff described in the first paragraph of this Article.
5. The authorization shall apply during the period in which the personal, 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.
SECTION 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 gold 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 staff 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 that the dependent is eligible for gainful 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 agreement 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 agreement 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 proposed 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 agreement 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 no. 847 the Embassy of Kingdom of Belgium presents its compliments to the Foreign Ministry of the Republic of the India and has the honour to propose the conclusion of an Arrangement between the Kingdom of Belgium and the Republic of the India to facilitate the pursuit of profit by some members of the family of members of staff from the sending State diplomatic missions based on reciprocity, or consular posts of the latter on the territory of the host State.
The Ministry of Foreign Affairs of the Republic of the India will find the provisions of the Arrangement in the body of the note: ARRANGEMENT between the Kingdom of Belgium and the Republic of India on the exercise of activities A purpose profit by the spouses of staff of MISSIONS diplomatic and of posts consular Article 1 scope 1.
The spouse of a 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), is authorized, based on reciprocity, to exercise an activity for profit in the host State.
2. the authorisation to carry on a business for profit is given by the authorities of the host State in accordance with its legal and regulatory provisions and the provisions of this agreement.
3. This authorization does not apply to nationals of the host State nor permanent residents in its territory.
4. unless the host State

decides otherwise, permission will not be granted to beneficiaries who, after having accepted a gainful occupation, ceases to be part of the family of persons referred to in paragraph 1 of this article.
5. the authorization takes effect during the period of employment of the 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 host State, and ceases its effects at the latest at the end of this assignment.
Section 2 Procedures 1. Any application for permission to engage in an activity for profit is sent, on behalf of the beneficiary by the Embassy of the sending State to the Directorate of Protocol of Ministry of Foreign Affairs of the Republic of India or of the Direction of the Protocol federal public Service Foreign Affairs, foreign trade and Cooperation in the development of the Kingdom of Belgium , as the case may be.
After verification that the person is the spouse of a member of the staff of the mission of the State of dispatch or staff of the consular post of the same State referred by the field of application of article 1, paragraph 1, and after consideration of the formal request, Embassy of the sending State will be informed by the Government of the host State that dependent may engage in the activity for profit.
2. the procedures are applied such that the beneficiary of the authorization to undertake an activity for profit as soon as possible; all provisions governing the work permits and other similar formalities are applied in a favorable sense.
3. permission to engage in an activity for profit will lead 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 his gainful occupation.
Article 3 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 actions arising from the exercise activity profit and returning within the scope of the law civil or administrative of the host State. The sending State will throw the immunity of execution of any judicial decision handed down in connection with such acts.
Article 4 immunity in criminal matters where the beneficiary of the authorization to carry on a business for profit enjoys immunity from jurisdiction in criminal matters in the host State, under the provisions of the above-mentioned Vienna Conventions or any other international instrument: a) the sending State throws the immunity from criminal jurisdiction enjoyed by the beneficiary of the authorization with respect to the host State for any act or omission arising from the exercise of the activity for profit except in cases when the sending State considers that this measure would be contrary to its interests;
(b) this waiver of immunity from criminal jurisdiction will not be considered as extending to immunity from execution of the judicial decision, immunity for which a specific lift should be required. In the case of a specific request, the sending State will take the request from the State of home seriously into consideration.
Article 5 plans tax and social security pursuant to the provisions of the Vienna Conventions mentioned above or by virtue of any other applicable international instrument, the beneficiaries of permission to engage in an activity for profit are subject to tax and State social security schemes home for everything that relates to the exercise of this activity in that State.
Article 6 duration and termination this Agreement shall remain in force for an indefinite period, each of the Parties can terminate at any time upon six addressed months written notice to the other party.
Article 7 entry into force this Agreement shall enter into force the sixtieth day following the date of exchange of the last notification of the completion of the constitutional and legal procedures required.
The Kingdom of Belgium also proposes that, if these provisions are acceptable for the Republic of the India, the present note and the text are included, as well as the affirmative response of the Republic of the India, constitute an agreement between our two Governments, which shall enter into force in accordance with article 7 provisions present.
The Embassy of the Kingdom of Belgium took the opportunity to renew to the Ministry of Foreign Affairs of the Republic of the India the assurance of its highest consideration.
Done at New Delhi on 8 August 2012 notes VERBALE WI (A) / 17-202-2008 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: agreement 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 agreement 1.
On a reciprocal basis, 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 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 staff described in the first paragraph of this Article.
5. The authorization shall apply during the period in which the personal, 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.
SECTION 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 gold 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 staff 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 that the dependent is eligible for gainful 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 agreement 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 agreement 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 agreement 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 the India presents its compliments to the Embassy of the Kingdom of Belgium and has the honour to agree on the following: ARRANGEMENT between the Kingdom of Belgium and the Republic of India on the exercise of activities A purpose profit by the spouses of staff of MISSIONS diplomatic and of posts consular Article 1 scope 1.
The spouse of a 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), is authorized, based on reciprocity, to exercise an activity for profit in the host State.
2. the authorisation to carry on a business for profit is given by the authorities of the host State in accordance with its legal and regulatory provisions and the provisions of this agreement.
3. This authorization does not apply to nationals of the host State nor permanent residents in its territory.
4. unless the host State decides otherwise, permission will not be granted to beneficiaries who, after having accepted a gainful occupation, ceases to be part of the family of persons referred to in paragraph 1 of this article.
5. the authorization takes effect during the period of employment of the 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 host State, and ceases its effects at the latest at the end of this assignment.
Section 2 Procedures 1. Any application for permission to engage in an activity for profit is sent, on behalf of the beneficiary by the Embassy of the sending State to the Directorate of Protocol of Ministry of Foreign Affairs of the Republic of India or of the Direction of the Protocol federal public Service Foreign Affairs, foreign trade and Cooperation in the development of the Kingdom of Belgium , as the case may be.
After verification that the person is the spouse of a member of the staff of the mission of the State of dispatch or staff of the consular post of the same State referred by the field of application of article 1, paragraph 1, and after consideration of the formal request, Embassy of the sending State will be informed by the Government of the host State that dependent may engage in the activity for profit.
2. the procedures are applied such that the beneficiary of the authorization to undertake an activity for profit as soon as possible; all provisions governing the work permits and other similar formalities are applied in a favorable sense.
3. permission to engage in an activity for profit will lead 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 his gainful occupation.
Article 3 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 actions arising from the exercise activity profit and returning within the scope of the law civil or administrative of the host State. The sending State will throw the immunity of execution of any judicial decision handed down in connection with such acts.
Article 4 immunity in criminal matters where the beneficiary of the authorization to carry on a business for profit enjoys immunity from jurisdiction in criminal matters in the host State, under the provisions of the above-mentioned Vienna Conventions or any other international instrument: a) the sending State throws the immunity from criminal jurisdiction enjoyed by the beneficiary of the authorization with respect to the host State for any act or omission arising from the exercise of the activity for profit except in cases when the sending State considers that this measure would be contrary to its interests;
(b) this waiver of immunity from criminal jurisdiction will not be considered as extending to immunity from execution of the judicial decision, immunity for which a specific lift should be required. In the case of a specific request, the sending State will take the request from the State of home seriously into consideration.
Article 5 plans tax and social security pursuant to the provisions of the Vienna Conventions mentioned above or by virtue of any other applicable international instrument, the beneficiaries of permission to engage in an activity for profit are subject to tax and State social security schemes home for everything that relates to the exercise of this activity in that State.
Article 6 duration and termination this Agreement shall remain in force for an indefinite period, each of the Parties can terminate at any time upon six addressed months written notice to the other party.
Article 7 entry into force this Agreement shall enter into force the sixtieth day following the date of exchange of the last notification of the completion of the constitutional and legal procedures required.
2. the Ministry of Foreign Affairs of the Republic of the India also accepts the proposal of the Embassy of the Kingdom of Belgium, that the Note of the Belgium and this Note in reply constitute the agreement between our two Governments, which shall enter into force in accordance with article 7 of the present provisions.
3. the Ministry of Foreign Affairs of the Republic of the India opportunity to renew to the Embassy of the Kingdom of Belgium in India the assurance of its highest consideration.
New Delhi, August 8, 2012