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Law Approving The Agreement Between The Kingdom Of Belgium And The Imf On The Establishment In Belgium Of A Liaison Office Of This Organization, Done At Brussels On 16 March 2004 (1) (2)

Original Language Title: Loi portant assentiment à l'Accord entre le Royaume de Belgique et le Fonds monétaire international sur l'établissement en Belgique d'un Bureau de liaison de cette Organisation, fait à Bruxelles le 16 mars 2004 (1) (2)

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belgiquelex.be - Carrefour Bank of Legislation

29 JUIN 2014. - An Act to Accredit the Agreement between the Kingdom of Belgium and the International Monetary Fund on the Establishment in Belgium of a Liaison Office of that Organization, done in Brussels on 16 March 2004 (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 International Monetary Fund on the establishment in Belgium of a liaison office of this Organization, made in Brussels on 16 March 2004, will come out its full effect.
Art. 3. This Act is effective March 16, 2004.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels on 29 June 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 and Public Health,
Ms. L. ONKELINX
The Minister of Justice,
Ms. A. TURTELBOOM
Minister for Development Cooperation,
J.-P. LABILLE
Minister of Finance,
K. GEENS
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Senate (www.senate.be):
Documents: 5-2792
Annales du Senate : 04/03/2014
House of Representatives (www.lachambre.be):
Documents: 53-3544
Full report : 23/04/2014
(2) Entry into force: 29/09/2014.

AGREEMENT AGAINST THE BELGIUM ROYAUME AND THE INTERNATIONAL MONETARY FUNDS ON THE BELGIUM OF A BELGIUM OF CETTER ORGANIZATION
BELGIUM,
"Belgium",
and
LE FONDS MONETAIRE INTERNATIONAL,
below referred to as "IMF",
CONSIDERING the IMF statutes adopted at the United Nations monetary and financial conference at Bretton Woods on 22 July 1944, as well as the amendments to the IMF statutes approved by the Board of Governors and which have already entered into force, the latter being repeated in resolution 45-3 of 28 June 1990, and accepted by Belgium;
CONSIDERING the United Nations Convention on the Privileges and Immunities of the Specialized Agencies, adopted in New York on 21 November 1947 by the General Assembly of the United Nations during its second session, including its annex Ve in respect of the IMF (hereinafter referred to as the "Convention");
TWO to state the terms of an Agreement concerning the operation on Belgian territory of the IMF Liaison Office (hereinafter referred to as "the Bureau");
Agreed on the following:
Article 1
1. The Director of the Office shall enjoy the privileges and immunities granted to diplomatic personnel in diplomatic missions. The spouse and dependent children of the Director living in his home enjoy the status recognized to the spouse and minor dependent children of diplomatic personnel.
2. Without prejudice to article VI section 19 of the Convention, the provisions of the first paragraph are not applicable to Belgian nationals.
Article 2
1. All IMF officials are exempted from any salary, emoluments and allowances paid to them by the IMF.
2. The provisions of § 1 of this Article shall not apply to persons who are not in possession of a letter of engagement of the IMF, stating that they are IMF agents in respect of the Organization's mission.
3. Exemptions of taxes referred to in § 1 of this Article shall not apply to pensions and annuities paid by the IMF in Belgium to its former officials and to persons referred to in § 2 or to their rights.
Article 3
1. Without prejudice to the obligations that arise for Belgium of the provisions of the treaties concerning the European Union and the application of the legal or regulatory provisions, IMF officials shall enjoy the right, during the twelve-month period following their first taking of office in Belgium, to import or acquire, free of the value added tax, furniture and a car for their personal use.
2. The Minister of Finance of the Government of Belgium sets the limits and conditions of application of this article.
3. Belgium is not required to grant its own permanent nationals or residents the benefits referred to in § 1 of this article.
Article 4
In the event of the use of vehicles in Belgium, the Bureau complies with the relevant Belgian legislation in force, in particular with regard to civil liability insurance and technical control, and maintains appropriate coverage.
Article 5
As part of Belgian and international legislation in this regard, the Belgian Government facilitates the entry into Belgium, the stay in its territory and the departure of the country of persons invited by the Bureau for official purposes.
Article 6
1. Belgium and the IMF declare their common intention to guarantee their insured persons a high level of social protection.
2. Given the equivalence of the benefits granted by the IMF and Belgium as part of their respective social security regimes, IMF officials who do not exercise in Belgium any other occupation of a profit character than that required by their functions may opt either for affiliation with the optional social security regimes applicable to all IMF officials according to the rules of these regimes or for affiliation with the Belgian social security regime.
3. With regard to its employees in Belgium who are affiliated with the "IMF" social security regimes, the IMF will respect the protections provided for in the Belgian social security regime under Belgium's international commitments, as well as the basic principles of Belgian legislation in the protection of privacy and medical ethics data.
4. The members of the Bureau who are not in possession of a letter of engagement from the IMF, stating that they are IMF agents in relation to the Organization's mission, will be affiliated with the Belgian social security system.
5. At the request of one of the Contracting Parties, the modalities for the application of the principles set out in this Article shall be the subject of a consultation between the competent Belgian administration and the Bureau. In this context, the IMF will provide Belgium with all the necessary assistance to obtain, where appropriate, reimbursement of costs incurred for any social assistance that Belgium would be required to provide to IMF officials who are affiliated with the "IMF" social security regimes.
Article 7
Each Party shall notify the other Party of the procedures required for the implementation of this Agreement.
IN WITNESS WHEREOF, the Plenipotentiaries of the Parties have signed this Agreement.
DONE in Brussels on 16 March 2004, in three originals, in English, French and Dutch. The English language text will prevail in the event of a discrepancy of interpretation.