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Posted the: 2014-10-20 Numac: 2014015217 Foreign Affairs, external trade and development COOPERATION FEDERAL PUBLIC SERVICE June 29, 2014. -Law approving the agreement between the Kingdom of Belgium and the Republic of Ecuador on the pursuit of profit by the family members of the diplomatic staff and consular, done at Brussels on 29 June 2012 (1) (2) PHILIPPE, King of the Belgians, has 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.
2. the agreement between the Kingdom of Belgium and the Republic of Ecuador on the pursuit of profit by the family members of the diplomatic staff and consular, done at Brussels on 29 June 2012, will release its full and complete effect.
Given in Brussels on June 29, 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 and public health, Ms. L. ONKELINX the Minister of independent, Mrs S. LARUELLE.
The Minister of Justice, Ms. A. TURTELBOOM. the Minister of employment, Ms. M. DE CONINCK.
The Minister of finance, K. GARG sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Parliamentary References.
Senate (www.senate.be): Documents: 5-2801 annals of the Senate: 2014-04-03 House of representatives (www.lachambre.be): Documents: complete record 53-3548: 2014-04-23.
(2) entry into force: 07/08/2014.
AGREEMENT between the Kingdom of Belgium and the Republic of Ecuador on the exercise of activities A profit by of members of the family of staff diplomatic and consular. the Kingdom of Belgium and the Republic of the Ecuador desiring to conclude an agreement to facilitate the pursuit of profit by some family members of the staff of the missions of the sending State or consular posts of the latter on the territory of the host State.
HAVE agreed as follows: ARTICLE 1 scope of application of the agreement 1. Are allowed to operate for-profit in the host State on reciprocal basis: a) the spouse and unmarried children aged less than eighteen to a diplomatic agent or consular official of the sending State, accredited: (i) with the State of home, or (ii) from an international organization having a seat in the host State;
b) as well as the spouse of another Member of the staff of the mission of the State of dispatch or the consular post of the same State, as defined in article 1 of the Vienna Conventions on Diplomatic Relations (1961) and consular (1963).
2. the authorisation to carry on a business for profit is given 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.
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 begun to engage in an activity for profit, shall cease to be part of the family of the staff referred to in the first paragraph (1) of this section.
5. authorisation takes effect during the period of assignment of personnel 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. The authorization ceases its effects at the end of the said assignment or after a limited period not exceeding 90 calendar days from the termination of the 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 Dirección de Estado Ceremonial y Protocolo del Ministerio de Relaciones Exteriores, Comercio e Integración Ecuador or the Direction of the Protocol of the federal public Service of Foreign Affairs, foreign trade and Cooperation in the development of the Kingdom of Belgium.
After verification that the person is in charge of an agent or officer referred to in article 1, paragraph 1, and after consideration of the formal request, the Government of the host State will inform the Embassy of the sending State that the dependant is authorized to engage in an 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 requirements or regulations relating to professional or other person must justify to the exercise of its gainful.
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 acts arising from the exercise of the activities for profit and falling within the scope of the right Civil and 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 out an activity for profit enjoys immunity from jurisdiction in criminal matters in the host State, under the provisions of the Vienna Conventions mentioned above or any other applicable international instrument: a) the sending State waives 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 such a case, the sending State will take the request of the State of home seriously into consideration.
ARTICLE 5 plans tax and social security in accordance with the provisions of the Conventions mentioned above Vienna or any other applicable international instrument, the beneficiaries of the authorization to carry on a business for profit are subject to tax regimes and social security of the State of 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 indeterminate period, each of the Parties can terminate at any time upon six (6) months sent written notice to the other party.
ARTICLE 7 entry into force this Agreement shall enter into force one (1) month of the last notification of the completion of internal legal procedures by the parties.
IN witness whereof, the undersigned representatives, duly authorized by their respective Governments, have signed this agreement.
DONE at Brussels, on June 29, 2012, in two original copies, in French, Dutch and Spanish, 3 texts being equally authentic.
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