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Law Approving The Agreement Between The Kingdom Of Belgium And The Republic Of Serbia On The Pursuit Of Profit By Some Members Of The Family Of The Staff Of Diplomatic Missions And Consular Posts In Belgrade On 17

Original Language Title: Loi portant assentiment à l'Accord entre le Royaume de Belgique et la République de Serbie sur l'exercice d'activités à but lucratif par certains membres de la famille du personnel de missions diplomatiques et de postes consulaires, fait à Belgrade le 17

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belgiquelex.be - Carrefour Bank of Legislation

3 FEBRUARY 2014. - An Act to Accredit the Agreement between the Kingdom of Belgium and the Republic of Serbia on the Exercise of For-profit Activities by Certain Members of the Family of Staff of Diplomatic Missions and Consular Positions, done in Belgrade on 17 February 2010 (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 Serbia on the exercise of for-profit activities by certain members of the family of diplomatic missions and consular posts, made in Belgrade on 17 February 2010, will be fully effective.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 3 February 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
Minister of Finance,
K. GEENS
Deputy Prime Minister and Minister of the Interior,
Ms. J. MILQUET
Deputy Prime Minister and Minister of Social Affairs,
Ms. L. ONKELINX
Minister of Independents,
Mrs. S. LARUELLE
The Minister of Justice,
Ms. A. TURTELBOOM
The Minister of Employment,
Ms. M. DE CONINCK
Seen and sealed the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Senate (www.senate.be):
Documents: 5-1782
Annales du Sénat : 08/11/2012
House of Representatives (www.lachambre.be):
Documents: 53-2498
Full report : 19/12/2012, 20/12/2012.
(2) This treaty will enter into force on 1er April 2014.

AGREEMENT
between the Kingdom of Belgium and the Republic of Serbia on the exercise of for-profit activities by certain members of the family of diplomatic missions and consular posts.
BELGIUM ROYAUME
AND
THE REPUBLIC OF SERBIA,
ISSUES to enter into an agreement to facilitate the exercise of for-profit activities by certain members of the family of members of the mission staff of the sending State or the consular posts of the sending State in the territory of the host State.
Agreed on the following:
ARTICLE 1er
Scope
1. Permitted, on the basis of reciprocity, to perform a for-profit activity in the host State, the following persons registered with the branches of the Protocol referred to in Article 2, paragraph 1er of this Agreement:
(a) the spouse and unmarried children under the age of eighteen dependent on a diplomatic officer or consular official of the affected sending State:
(i) to the receiving State, or
(ii) to international organizations with headquarters in the host State;
(b) as well as the spouse of another member of the mission staff of the sending State or the staff of 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 that of the beneficiaries who, after having accepted a profit activity, ceases to be part of the family of the persons referred to in paragraph 1 of this article.
5. The authorization produces its effects during the period of assignment of 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 receiving State, and ceases its effects at the end of that assignment (or within an acceptable period of time following that assignment).
6. The host State may, at any time, refuse or withdraw the authorization to perform a for-profit activity if the dependant does not comply with the laws of the host State.
ARTICLE 2
Procedures
1. Any request to obtain authorization to carry out a for-profit activity is sent, on behalf of the beneficiary, by the Embassy of the sending State to the Directorate of the Protocol of the Ministry of Foreign Affairs of the Republic of Serbia or the direction of the Protocol of the Federal Public Service for Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium, as appropriate.
After verification that the person is dependent on an officer returning to the scope of section 1erparagraph 1er of this Agreement, and after consideration of the official request, the Embassy of the sending State will be informed by the Government of the receiving State that the dependant may exercise the 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 perform a for-profit activity will not result in a dispensation for the recipient to meet the legal or other requirements relating to personal, professional or other data that the person concerned must justify for the exercise 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 from the exercise of the for-profit activity and returning to the scope of civil or administrative law of the 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 particular 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 the case of such a specific request, the sending State will take the request of the receiving State seriously into consideration.
ARTICLE 5
Tax and social security schemes
In accordance with the provisions of the Vienna Conventions referred to above or under any other applicable international instrument, the 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 that 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, with a notice of (6) months in writing to the other Party.
ARTICLE 7
Entry into force
This Agreement shall enter into force on the first day of the second month following the date of exchange of the last notification of the completion of the required constitutional and legal procedures.
IN WITNESS WHEREOF, the undersigned representatives, duly authorized by their respective Governments, have signed this Agreement.
DONE in Belgrade on 17 February 2010, in two original copies, each in Serbian, French, Dutch and English languages, all texts being equally authentic. In the event of a discrepancy of interpretation, the English text will prevail.