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Law Approving The Agreement Between The Kingdom Of Belgium And The Republic Of Ecuador On The Pursuit Of Profit By Members Of The Family Of The Diplomatic And Consular Personnel, Done At Brussels On 29 June 2012 (1) (2)

Original Language Title: Loi portant assentiment à l'Accord entre le Royaume de Belgique et la République de l'Equateur sur l'exercice d'activités à but lucratif par des membres de la famille du personnel diplomatique et consulaire, fait à Bruxelles le 29 juin 2012 (1)(2)

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belgiquelex.be - Carrefour Bank of Legislation

29 JUIN 2014. - An Act to approve the Agreement between the Kingdom of Belgium and the Republic of Ecuador on the Exercise of For-profit Activities by Members of the Diplomatic and Consular Staff Family, done in Brussels on 29 June 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 Ecuador on the exercise of for-profit activities by members of the diplomatic and consular staff family, made in Brussels on 29 June 2012, will come out its full and full effect.
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
Minister of Independents,
Mrs. S. LARUELLE.
The Minister of Justice,
Ms. A. TURTELBOOM
The Minister of Employment,
Mrs. M. DE CONINCK.
Minister of Finance,
K. GEENS
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Parliamentary references.
Senate (www.senate.be):
Documents: 5-2801
Annales du Senate : 04/03/2014
House of Representatives (www.lachambre.be):
Documents: 53-3548
Full report : 23/04/2014.
(2) Entry into force: 07/08/2014.

AGREEMENT BETWEEN THE BELGIUM ROYAUME AND THE REPUBLIC OF THE EXERCISE ACTIVITIES TO BE USED BY MEMBERS OF THE DIPLOMATIC PERSONNEL AND CONSULAR THE BELGIUM ROYAL AND THE REPUBLIC OF THE ECUADOR
DESIRES to conclude an agreement to facilitate the exercise of for-profit activities by certain members of the family of the staff of the sending State missions or the consular posts of the sending State in the territory of the host State.
Agreed on the following:
ARTICLE 1er
Scope of the Agreement
1. Permitted, on the basis of reciprocity, to carry out a for-profit activity in the host State:
(a) the spouse and unmarried children under the age of eighteen dependent on a diplomatic officer or consular official of the sending State, accredited:
(i) to the receiving State, or
(ii) to an international organization with a seat in the host State;
(b) and the spouse of another member of the staff of the mission of the sending State or the consular post of the same State,
as defined in Article 1er of the Vienna Conventions on Diplomatic Relations (1961) and Consular Relations (1963).
2. The authorization to perform a for-profit activity 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 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 the beneficiaries who, after having commenced a profit activity, cease to be part of the family of the personnel referred to in paragraph 1 (1) of this article.
5. The authorization produces its effects 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 receiving State. Authorization ceases to have effect at the end of the assignment or after a limited period of time not exceeding any calendar days from the termination of the assignment.
ARTICLE 2
Procedures
1. Any request for authorization to carry out a for-profit activity is sent, on behalf of the beneficiary, by the embassy of the sending State to the Dirección de Ceremonial de Estado y Protocolo del Ministerio de Relaciones Exteriores, Comercio e Integración de l'Equateur or the Directorate of the Protocol of the Federal Public Service for Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium.
Upon verification that the person is dependent on an officer or employee referred to in section 1er, paragraph 1, and after consideration of the official request, the host State government will inform the sending State embassy that the dependant is authorized to perform a for-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 professional or non-interested skills must 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 out of the exercise of for-profit activities and falling within the scope of civil and administrative law of the receiving 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 host State under the provisions of the aforementioned Vienna Conventions or any other applicable 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 special 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 such cases, the sending State will take the request of the receiving State seriously in consideration.
ARTICLE 5
Tax and social security schemes
In accordance with the provisions of the above-mentioned Vienna Conventions or any other applicable international instrument, 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 this 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 (6) months to the other Party.
ARTICLE 7
Entry into force
This Agreement shall enter into force one (1) month from the last notification of the performance of domestic legal procedures by the parties.
IN WITNESS WHEREOF, the undersigned representatives, duly authorized by their respective Governments, have signed this Agreement.
DONE in Brussels on 29 June 2012, in two original copies, in French, Dutch and Spanish, the 3 texts being equally authentic.