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Posted the: 2014-05-05 Numac: 2014015081 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 3 February 2014. -Law on 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 October 4, 2009, (1) (2) 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.
S. 2. 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, done at Brussels on October 4, 2009, 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, February 3, 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, Ms. L. ONKELINX the Minister of independent, Ms. S. LARUELLE. the Minister of Justice, Ms. A. TURTELBOOM. the Minister of employment, Ms. M. DE CONINCK Finance Minister , K. GARG sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Senate (www.senate.be): Documents: 5-1783 annals of the Senate: 8/11/2012 House of representatives (www.lachambre.be): Documents: complete record 53-2499: 12-19-2012, 2012-12-20.
(2) this Agreement shall enter into force on April 20, 2014.
AGREEMENT between the Kingdom of Belgium and the Government of the federative Republic of Brazil on the exercise of activities people profit, dependants of diplomatic agents and consular. the Kingdom of Belgium and the Government of the Republic FEDERATIVE of Brazil (hereinafter referred to as the "Parties") whereas the particularly advanced stage of agreement between the two States, and willing to put in place new mechanisms to strengthen their diplomatic relations , Have agreed as follows: Article 1 scope of application of the agreement 1. On the basis of the principle of reciprocity, the dependants of diplomatic and consular posts one agents parts, officially accredited to the other party as member of a diplomatic mission, consular post or permanent representation of the sending State from international organizations having a seat in the host State and recognized by it, are authorized to engage in a gainful occupation in the territory of the host State , in accordance with this agreement.
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, a consular post or representation permanent to an international organization.
3. for the purposes of this agreement, mean "dependents": a) the spouse or permanent companion. and b) unmarried children aged less than 18 years of a diplomatic or consular agent of the State accrediting.
4. This authorization does not apply to nationals of the host State nor permanent residents in its territory.
5. permission to engage in an activity for profit is given by the authorities of the State of home in accordance with the laws and regulations in force in that State, subject to the provisions of this agreement.
6. the authorization takes effect during the period of assignment of agents referred to in paragraph 1 of this Article, in the diplomatic mission, consular post or mission permanent of the sending State in the territory of the host State, and ceases its effects at the end of this assignment, and in any case, at the time where the beneficiary of the authorization ceases to have the status of person in charge unless the sending State decides otherwise.
7. nothing in this Agreement authorizes the dependant employment which, under the law of the host State, is reserved to nationals of that State, or concerning national security.
Section 2 Procedures 1. Any application for permission to engage in an activity for profit must be sent by the Embassy of the sending State to the Department of Protocol of Ministry of Foreign Affairs of the Federative Republic of Brazil, or the Directorate of Protocol of the Federal Public Service, Foreign Affairs, foreign trade and Cooperation in the development of the Kingdom of Belgium on behalf of the beneficiary, , as the case may be.
After verification that the person is to an agent returning the scope of provisions of article 1, paragraph 3, and after consideration of the formal request, the Embassy of the State accrediting will be informed by the Government of the host State that the dependant may 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 legal or other requirements relating to personal data, professional or other qualifications that the person concerned must justify to the exercise of its gainful.
4. the present agreement does not imply automatic recognition of titles and diplomas obtained abroad.
This recognition will 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 at the same workstation.
Article 3 immunity from legal proceedings in civil and administrative matters in the event that the beneficiary of the authorization to carry on a business for profit enjoys immunity in civil and administrative matters in the State of home, pursuant to the provisions of the Vienna Conventions on diplomatic and consular relations or any other applicable international instrument, this immunity does not apply to actions arising from the exercise activity profit and returning within the scope of the right civil or 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 1. A_le_cas_ou the beneficiary of the authorization to carry on a business 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 lifts 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 specific cases where 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 the case of such a specific request, the sending State will take the request of the State of home seriously into consideration.
2. If immunity is not lifted and that, in the opinion of the host State, the case is considered serious, the host State may demand the departure of the country of the person in charge.
Article 5 taxation and social security in accordance with the provisions of the above or under any other applicable international instrument Vienna Conventions, the beneficiaries of permission to engage in an activity for profit are subject to tax and State social security schemes home for everything that relates to the exercise of this activity in that State.
Article 6 entry into force, dispute resolution and Amendment 1. This agreement shall enter into force sixty (60) days following the date of exchange of the last notification of the completion of the constitutional and legal procedures required.
2 any dispute concerning the interpretation or application of the present Agreement shall be settled 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 will enter into force in accordance with the procedure described in paragraph 1 of this Article.
Article 7 duration and termination this Agreement shall remain in force for an indefinite period, each of the Parties can terminate at any time upon six (6) months written notice sent through diplomatic channels to the other party.
IN witness whereof, the undersigned representatives, duly authorized by their respective Governments, have signed this agreement.
DONE at Brussels, on October 4, 2009, in duplicate original language Portuguese, French, Dutch and English, all texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.
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