Act To Consent To The Agreement Between The Kingdom Of Belgium And The Government Of The Federative Republic Of Brazil On The Pursuit Of Profit Of Dependants Of Diplomatic And Consular Agents, Signed In Brussels On 4 Octob

Original Language Title: Loi portant assentiment à l'Accord entre le Royaume de Belgique et le Gouvernement de la République fédérative du Brésil sur l'exercice d'activités à but lucratif des personnes à charge des agents diplomatiques et consulaires, signé à Bruxelles le 4 octob

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belgiquelex.be - Carrefour Bank of Legislation

3 FEBRUARY 2014. - An Act to approve the Agreement between the Kingdom of Belgium and the Government of the Federal Republic of Brazil on the Exercise of For-profit Activities of Dependants of Diplomatic and Consular Agents, signed in Brussels on 4 October 2009 (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 Government of the Federative Republic of Brazil on the Exercise of For-profit Activities of Dependants of Diplomatic and Consular Agents, done in Brussels on 4 October 2009, will come out its full and full effect.
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
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
Minister of Finance,
K. GEENS
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Senate (www.senate.be):
Documents: 5-1783
Annales du Sénat : 8/11/2012
House of Representatives (www.lachambre.be):
Documents: 53-2499
Full report : 19/12/2012, 20/12/2012.
(2) This Agreement comes into force on April 20, 2014.

AGREEMENT between the Kingdom of Belgium and the Government of the Federal Republic of Brazil on the exercise of for-profit activities for dependants of diplomatic and consular agents
BELGIUM ROYAUME
AND
THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL,
(hereinafter referred to as the "Parties")
CONSIDERING the particularly advanced stage of the agreement between the two states, and
REQUESTS to establish new mechanisms to strengthen diplomatic relations,
AGAINST the following:
Article 1er
Scope of the Agreement
1. On the basis of the principle of reciprocity, the dependants of the diplomatic and consular agents of one of the Parties, officially accredited to the other Party as a member of a diplomatic mission, consular post or permanent representation of the accrediting State with international organizations having a seat in the host State and recognized by the host State, are authorized to carry out a paid activity on the territory
2. For the purposes of this Agreement, "Diplomatic and Consular Agents" means any person employed by one of the Parties, assigned to an official mission in a diplomatic mission, consular post or permanent representation with an international organization.
3. For the purposes of this Agreement, "dependants" means:
(a) the spouse or permanent companion; and
(b) single children under the age of 18 years of a diplomatic or consular officer of the accrediting State.
4. This authorization does not concern nationals of the host State or permanent residents in its territory.
5. The authorization to perform a for-profit activity is given by the authorities of the host State in accordance with the laws and regulations in force in that State and subject to the provisions of this Agreement.
6. Authorization produces its effects during the period of assignment of agents referred to in subsection 1er of this Article, in the diplomatic mission, the consular post or the permanent mission of the accrediting State in the territory of the receiving State, and ceases its effects at the end of this assignment and, in any case, at the time when the beneficiary of the authorization ceases to have the status of a dependant, unless the accrediting State decides otherwise.
7. Nothing in this Agreement authorizes the dependant to exercise a job which, under the legislation of the receiving State, is reserved for nationals of that State, or which concerns national security.
Article 2
Procedures
1. Any request for authorization to carry out a for-profit activity must be sent, on behalf of the beneficiary, by the embassy of the State accrediting to the Department of the Protocol of the Ministry of External Relations of the Federal Republic of Brazil, or to the direction of the Protocol of the Federal Public Service, Foreign Affairs, External 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 the provisions of section 1er, paragraph 3, and after consideration of the official request, the embassy of the accrediting State will be informed by the government of the receiving State that the dependant may exercise 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 implemented in a favourable sense.
3. Authorization to perform a profit-oriented activity will not result in a dispensation for the recipient to meet the legal or other requirements relating to personal data, professional qualities or other qualities that the individual must justify for the exercise of his or her paid activity.
4. This Agreement does not imply automatic recognition of foreign titles or diplomas. This recognition will only be granted in accordance with the rules governing these issues in the host State. In the case of occupations requiring special qualifications, the dependant must meet the same requirements as those imposed on nationals of the host State candidates for the same job post.
Article 3
Immunity of jurisdiction in civil and administrative matters
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 accrediting State will raise the immunity of any judicial decision in relation to such acts.
Article 4
Immunity in criminal matters
1. 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 accrediting State shall lift the immunity of 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 accrediting State considers that this 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 accrediting State will take the request of the receiving State seriously consider.
2. If immunity is not raised and, in the opinion of the host State, the case is considered to be serious, the host State may request the departure of the country of the said dependant.
Article 5
Taxation and social security
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
Entry into force, settlement of disputes and amendment
1. This Agreement shall enter into force 60 (sixty) days after the date of exchange of the last notification of the completion of the required constitutional and legal procedures.
2. Any dispute or dispute relating to the interpretation or application of this Agreement shall be resolved through diplomatic channels.
3. This Agreement may be amended by mutual agreement of the Parties in the form of an exchange of diplomatic notes. The amendment shall enter into force in accordance with the procedure described in paragraph 1er of this Article.
Article 7
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 notice of six (6) months in writing, sent by diplomatic means to the other Party.
IN WITNESS WHEREOF, the undersigned representatives, duly authorized by their respective Governments, have signed this Agreement.
DONE in Brussels on 4 October 2009, in two original copies, in Portuguese, French, Dutch and English, all texts being equally authentic. In the event of a discrepancy of interpretation, the English text will prevail.