Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014015140&caller=list&article_lang=F&row_id=500&numero=515&pub_date=2014-10-15&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+
Posted the: 2014-10-15 Numac: 2014015140 SERVICE PUBLIC FEDERAL Foreign Affairs, external trade and development COOPERATION may 8, 2014. -Law on consent to the agreement between the Kingdom of Belgium and the United States of America on the strengthening of cooperation in the prevention and the fight against serious crime, established in Brussels (1) (2), September 20, 2011 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.
2. the agreement between the Kingdom of Belgium and the United States of America on the strengthening of cooperation in the prevention and the fight against serious crime, established in Brussels September 20, 2011, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on May 8, 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 Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Senate (www.senate.be): Documents: 5-2274.
Annals of the Senate: 23/01/2014.
House of representatives (www.lachambre.be): Documents: 53-3313.
Full record: 13/03/2014.
(2) effective date: 22/05/2014.
AGREEMENT between the Kingdom of Belgium and the United States of America on the strengthening of COOPERATION in the PREVENTION and the fight against crime serious the Kingdom of Belgium and the United States of America (hereinafter "the parties"), desiring to cooperate as partners to prevent and fight way more effective against serious crime, in particular terrorism, recognizing that the sharing of information is essential to the fight against serious crime in particular terrorism, recognizing the importance of the prevention and the fight against serious crime, in particular terrorism, in respect for freedoms and fundamental rights, including privacy, inspired by the Prüm Treaty of 27 May 2005, the strengthening of cooperation cross-border to combat terrorism, cross-border crime and illegal immigration , as well as by the Decision of the European Council of June 23, 2008 y, seeking to strengthen and encourage the cooperation between the Parties in a spirit of partnership, have agreed as follows: Article 1 Definitions for the purposes of this agreement, 1. the notion of "criminal justice purposes" includes all activities defined as the administration of criminal justice , in other words the achievement of one of the following activities: research, arrest, incarceration, release before trial, after trial, prosecution, judicial decision, judicial review or defendants or criminal offenders reintegration activities. The administration of criminal justice includes criminal identification activities.
2. the notion of "DNA profiles" (DNA identification schemes) refers to a literal or numeric code representing a number of identification characteristics of the non-coding part of an analysed human DNA sample, i.e. specific chemical form of the different DNA loci.
3. the concept of 'personal data' covers all information relating to an identified or identifiable natural person ("the relevant person").
4. the concept of "processing of personal data" is any operation or set of operations performed or not by automated means applied to personal data, such as the collection, registration, organization, conservation, adaptation or modification, sorting, extraction, consultation, use, disclosure by transmission, dissemination or other form of provision the approximation or interconnection, locking, erasure or destruction of personal data.
5. the concept of 'reference data' deals with the DNA profile and the reference y afferent (indexed data DNA) or fingerprint data and the reference y afferent (fingerprint reference data). The indexed data must not contain any information allowing the direct identification of the person concerned. Indexed data that can be attached to any person (absence of traceability) must be recognisable as such.
Article 2 purpose and scope of this agreement 1. The object of this agreement is to strengthen cooperation between the United States and Belgium in terms of prevention and fight against serious crime.
2. the consultation opportunities provided by this agreement are used only for the purposes of criminal justice, including when they are applied at the border where an individual on which additional data are being sought has been identified for a more advanced discussion.
3. this agreement covers a comprehensive range of crimes punishable by maximum penalties of deprivation of liberty over one year or heavier penalties. Such crimes are referenced in the annex to this agreement and designated by the notion of "serious crime" in the following articles.
Article 3 fingerprint data for the purposes of execution of this agreement, the Parties shall ensure the availability of reference data from the file comprising the national automated fingerprint identification systems, created for the prevention and investigation of criminal offences. The indexed data contain only Dactyloscopic data and a reference number.
Article 4 Consultation automated Dactyloscopic data 1. For the purposes of prevention and investigations in relation to serious crime, each party allows the national contact points of the other party, as referred to in article 6, access to the reference data in the automated fingerprint identification system that she has created for this purpose, with the power required to perform automated comparison of fingerprint data. The consultation is possible than case by case and in accordance with the national law of the requesting party.
2. the confirmation of a formal agreement between fingerprint data and indexed data held by the Manager portion of the file is established by the national contact points of the requesting party, by means of automated transmission indexed data required for a clear attribution.
Article 5 Transmission of further personal data and other information if the procedure laid down in article 4 shows a concordance of fingerprint data, the transmission of other personal data available and other indexed data information is governed by the national law of the requested Party, including the rules relating to mutual legal assistance, and such data will be communicated in accordance with article 6.
Article 6 National Focal Points and performance agreements 1. For the purposes of the transmission of data referred to in article 4 and the subsequent transmission of additional personal data referred to in article 5, each Party shall designate one or more national points of contact. The point of contact transmits the data in question in accordance with the national law of the party the nominates. It is not necessary to resort to other mutual legal assistance channels except in the case of need, particularly to authenticate data for their admissibility in judicial proceedings of the requesting party.
2. details on the technical consultation procedures carried out in accordance with article 4 shall be determined in agreements or conventions of execution.
Section 7 Consultation automated profiles DNA 1. If the national law of each of the Parties authorizes and on the basis of the principle of reciprocity, each party may authorize the national contact point of the other party, as referred to in article 9, to access data indexed by its DNA analysis files, with the power required to perform automated comparison of DNA profiles and this , as part of an investigation into a serious form of crime. The consultation is possible than case by case and in accordance with the national law of the requesting party.
2. If an automated consultation reveals matches between a transmitted DNA profile and a DNA profile that is logged in the file consulted with the other party, the contact point national of the applicant receives automated manner the indexed data for which a match has been highlighted. If no agreement can be highlighted, notification is made in an automated fashion.
Article 8 Transmission of other personal data and other information if the procedure referred to in article 7 reveals a match of DNA, the transmission of other available personal data profiles and other data relating to the reference data is governed by the national law of the requested Party, including the provisions relating to mutual legal assistance, and such data are communicated in accordance with article 9.
Article 9 national contact Point and implementing agreements 1.
For the purposes of transmission of data referred to in article 7, each Party shall designate a national contact point.
The point of contact transmits the data in question in accordance with the national law of the party the nominates. It is not necessary to resort to other mutual legal assistance channels except in the case of need, for example to authenticate data for their admissibility in judicial proceedings of the requesting party.
2. the details of the technical procedures for consultations made pursuant to article 7 will be settled in one or more agreements or conventions of execution.
Article 10 Transmission of personal data and other information for the purpose of prevention of criminal offences and terrorist bass 1. For the purposes of prevention of criminal offences and serious terrorists, the Parties may, in accordance with their respective national law and in particular cases, without even having received the application, transmit at national contact of the other party, as referred to in paragraph 7 of this article, the personal data referred to in paragraph 2 of this article , to the extent necessary under special circumstances may be presumed that the person (s) (s) concerned: a. will / will commit or has / have committed terrorist offences or related to terrorism, or of offences related to a group or a terrorist association, as these offences are defined in the national law of the party providing the data; or b. trains (s) has / have been led (s) to commit the offences referred to in paragraph (a); or c. will / will commit or has / have committed a criminal offence serious, or joins an association or an organized criminal group (nt).
2. to transmit personal data include, where available, the name, first names, former names, other names, aliases, names spelled differently, sex, date and place of birth, present nationality and former nationalities, passport, other identification number and fingerprint data number, and a description of any evidence or circumstances which are at the origin of the presumption referred to in paragraph 1 of this article.
3. further the notification referred to in sentence 1 of article 25, the Parties may will notify each other, in a separate statement, the terrorist offences regarded as such under the law of each party and in accordance with paragraph 1 of this article. This declaration may be modified at any time with a notice to the other party.
4. pursuant to its national law, the party that transmits data may lay down conditions for the use of these data by the party receiving them. If the latter accepts the data, it is obliged to comply with those conditions.
5. the part that provides the data cannot impose general restrictions on the legal standards of the receiving party for the treatment of personal data as a condition of the supply of data referred to in paragraph 4 of this article.
6. in addition to the personal data referred to in paragraph 2 of this article, the Parties may be mutually transmit non-personal information relating to the offenses listed in subsection 1 of this section.
7. each Party shall designate one or more national contact points for the transmission of personal and other data to the contact points of the other party in accordance with this article. The powers of the national contact points shall be governed by the national law in force.
Article 11 Protection of the privacy and protection of data 1.
The Parties recognize that the use and the treatment of the personal data they receive from the other are of crucial importance to preserve confidence in the execution of this agreement. The Parties also recognize the importance of the mechanisms of appeal, of the protection of privacy enjoyed by the persons concerned under the respective parties law and a strict and effective control of the protection schemes and data confidentiality.
2. the Parties undertake to treat the personal data fairly and in accordance with their respective rights and: a. to ensure that personal data are adequate and relevant with regard to the specific purpose of the transfer;
b. to keep the personal data only for the time necessary for the achievement of the specific purpose for which they were required or further processed under this agreement; and c. ensure that the potentially incorrect personal data shall be notified without delay to the receiving party, in order to take corrective measures that are necessary.
3. the present agreement defines the rights and obligations of the Parties regarding the use of the personal data provided in accordance with this agreement, including correction, locking and deleting the data as referred to in article 14. The rights of individuals who exist independently of this agreement are not affected. However, this agreement does not entitle an individual, get, remove or exclude any any evidence or to impede the exchange of personal data.
Article 12 additional Protection for the transfer of certain categories of personal data 1. The data personal that reveal racial or ethnic origin political opinions, religious beliefs or other philosophical convictions, membership of Trade Union or relating to health and sexual preferences cannot be transmitted unless they are particularly relevant for the purposes of this agreement.
2. the Parties, aware of the particularly sensitive nature of the aforementioned personal data categories, take appropriate safeguards, including appropriate safety measures to protect these data.
Section 13 limits to treatment for purposes of protection of the personal data and other data 1. Without prejudice to article 10, paragraph 4, each party may process the data transmitted under this agreement: a. for the purposes of criminal investigations.
b. to prevent a serious threat to its public security;
c. in the context of judicial or administrative procedures non-criminal, in direct link with the investigations referred to in point a), or (d).
for any other purpose, only with the consent of the party who submitted the data.
2. the parties shall refrain from communicating data transmitted under this agreement to any third State, international organization or private entity without the consent of the party which transmitted the data and appropriate safeguards.
3. a party may conduct an automatic consultation of fingerprint data files or DNA of the other party referred to in articles 4 or 7, and thus released data, including communicate the existence of a result or not, only for the purpose of: a. determine the correlation between DNA profiles or Dactyloscopic data compared;
b. prepare and submit an application for monitoring for the purpose of mutual assistance in accordance with national law, including the rules for mutual legal assistance in the case of consistency of these data;
or c. conduct a logging, as permitted or required by its national law.
The Manager portion of the file cannot use data transmitted by the applicant during a search, carried out in accordance with articles 4 and 7, if this use is necessary to address through automated scheduled or to perform journaling in accordance with article 15. Data transmitted for comparison is erased immediately after the automated response, unless further processing is necessary for the planned purposes in this same article, paragraph 3, point (b) or (c).
Article 14 Correction, lock and delete data 1. At the request of the party transmitting the data, the receiving party shall correct, lock or delete, in accordance with its national law, the data transmitted under this agreement if they are inaccurate or incomplete. It is even if the collection or further processing of the data violates this agreement or the rules applicable to the part that provides the data.
2. where a party has reason to believe that the data transmitted by the other party under this agreement are inaccurate, it takes all necessary measures to avoid considering these as reliable data. These measures include in particular the addition of complementary data, the deletion or correction of data.
3. each Party shall inform the other if it is clear that data which have been transmitted or received under this agreement prove inaccurate, unreliable or particularly suspicious.
Article 15 Documentation 1. Each Party shall state any transmission and any receipt data with the other party under this agreement in a register of logging.
This registry is to: a. ensure effective control of the data protection in accordance with the national law of the party concerned;
b. to allow the Parties to assert the rights referred to in articles 14 and 19; and c. to ensure the security of the data.
2. logging includes: a. information on the transmitted data.
b. the date of transmission of the data; and
c. the recipient of data when they are transmitted to other entities.
3. the logged data are protected by appropriate provisions against improper use and any other form of abuse, and are kept for a period of two years. The expiry of this period, the recorded data shall be erased immediately, unless this deletion is contrary to national law, including applicable privacy and data retention rules.
Article 16 1 data security. The Parties shall ensure the application of technical measures and the organisational arrangements to protect personal data against any accidental or unlawful destruction, accidental loss or unauthorized disclosure, alteration, access not authorized or any other form of unauthorized processing. More specifically, the Parties shall take reasonable steps to ensure that only authorized people can access the personal data.
2. the agreements or implementing provisions governing the procedures for automatic search of Dactyloscopic data or DNA, in accordance with articles 4 and 7, shall establish: a. responding to the most recent technical measures are taken to ensure privacy, security, confidentiality and integrity of data;
b. as using of generally accessible networks, use is made of of encryption and authentication process recognised by the competent authorities in this regard; and c. a mechanism ensuring that only authorized research are conducted.
Article 17 transparency – transmission of information to the data subjects 1. No provision of this Agreement shall be construed as conflicting legal obligations Parties, as defined in their national legislation, to inform the persons concerned on the purpose of the processing performed on the identity of the person responsible for processing, the recipients or categories of recipients and on the existence of the right of access and the right to rectify data concerning them, and to provide other information such as the legal basis for the processing data retention and the right of appeal, insofar as such further information is necessary in the light of the purposes and the specific circumstances in which the data are processed, to guarantee fair treatment to the persons concerned.
2. this information may be refused in accordance with the national law of the Parties, including their transmission is capable of hindering: a. the purposes of the processing;
b. investigations or legal proceedings carried out by the competent authorities in the United States or in Belgium; or c. the rights and freedoms of third parties.
Article 18 monitoring 1. Responsibility for the control of the processing of the personal data by the Parties under this agreement, including the transmission of data to other entities, is the responsibility of an independent data protection authority or, where appropriate, to the competent authority of the party concerned.
2. the body which makes the recording of data immediately transmits the recorded data, in accordance with article 15, to the authority which so requests, in accordance with paragraph 1 of this article.
Article 19 Information on request of the party which transmitted the data, the receiving party informs him of the processing performed on the transmitted data and results. The receiving party shall respond without delay to the other party.
Article 20 relationship to other agreements any provisions of this agreement will be considered as restricting or impairing the provisions of any treaty, agreement, pursuant to the applicable law or national law allowing for the sharing of information between the United States and the Belgium.
Article 21 Consultations 1.
The Parties shall consult regularly in carrying out the provisions of this agreement, including the annex.
2. in the event of a dispute concerning the interpretation or application of this agreement, including the annex, the Parties shall cooperate in order to facilitate the resolution of such dispute.
Article 22 costs each party bears the costs incurred by its authorities in the execution of this agreement. The Parties may agree on different arrangements in particular circumstances.
Article 23 end of the agreement each party may terminate this agreement upon three notified months written notice to the other party. The provisions of this Agreement shall continue to apply to data transmitted prior to its termination.
Article 24 amendments 1.
The Parties shall consult each other when an amendment to the agreement is requested by one of the Parties.
2. this agreement may be amended with the written agreement of the Parties, at any time and in accordance with the internal procedures of each party.
Article 25 entry into force 1. This agreement shall enter into force, with the exception of sections 7 to 9, at the date of the last note concluding an exchange of diplomatic notes between the Parties indicating that each of them has taken all the measures necessary for the entry into force of the agreement.
2. articles 7 to 9 of this Agreement shall enter into force after the conclusion of the account agreement (s) or the account agreement (s) to run Visé (s) in article 9 and the date of the last note concluding an exchange of diplomatic notes between the Parties indicating that each of them is able to apply these articles on a reciprocal basis.
This Exchange takes place if the legislation of the two Parties allows the type of DNA test referred to in articles 7 to 9.
Established in Brussels, September 20, 2011, in duplicate, in English, french and Dutch, each text being equally authentic.
Annex crimes and offences covered under this agreement are listed below, and include also the offences of conspiracy to commit these offences, membership in an organized criminal group, or attempt to commit such offences, when criminalized.
1 offences against the person: genocide; torture; murder; homicide and trafficking related crimes; involuntary servitude;
rape and other sex crimes such as child pornography and sexual assault;
assault or assault and battery with intent to cause serious bodily harm or consequences such injuries; removal; hostage; management or supervision of a prostitution ring.
2. crimes against the State: terrorist offences (including offences set forth in the UN conventions on terrorism, the provision of hardware to terrorists, the provision of hardware support to terrorist organizations, as well as receive military a terrorist organization training or provide such a type training); violations of the resolutions of the United Nations relating to the blocking of property and the prohibition of transactions with people breaking the rules of the international arms trafficking; transactions prohibited materials biological, chemical or nuclear; sabotage; espionage (including computer and economic espionage);
smuggling of migrants; obstruction of justice; perjury or incitement to false testimony; false declarations; threats.
3 offences involving weapons: crimes involving firearms, including, without this list being exhaustive, arms trafficking, crimes related to equipment destruction or explosive materials; possession hidden a weapon with the intention to make use of it; use or unlawful possession of biological, chemical or nuclear weapons or any other weapon of mass destruction; production, transfer or possession of radiological dispersal devices.
4 offences of theft/fraud: burglary; flight; robbery; blackmail; burglary; corruption; misappropriation of funds; extortion; money laundering; racket; NSF cheque fraud; fraudulent offences (counterfeiting, forgery, fraud, use fraudulent and illegal documents, including but not limited to credit cards and passports); tax fraud; theft-related offences;
smuggling; traffic of goods stolen; forgery of currency or goods.
5 serious crimes involving controlled substances: distribution or trafficking of narcotics, controlled and psychotropic substances as well as marijuana; possession, or possession with intent to sell, narcotics, regulated and psychotropic substances, or marijuana, with the exception of the possession of small quantities is not considered as a serious offence under national law.
6 crime against property: arson; attacks with explosives; deliberate destruction of property; piracy on the high seas; environmental crimes; criminal violations serious the confidentiality of data, including illegal access to data bases; computer crimes.
Search Translated Laws of Belgium