belgiquelex.be - Carrefour Bank of Legislation 28 OCTOBER 2009. - An Act to Accredit the Agreement between the Kingdom of Belgium and the Republic of Peru on the Exercise of For-profit Activities by Certain Members of the Family of Diplomatic Mission Staff and Consular Positions, done in Brussels on 24 June 2008 (1) (2) (2)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1
er. 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 Peru on the exercise of for-profit activities by certain members of the family of diplomatic missions and consular posts, made in Brussels on 24 June 2008, will come out its full and complete 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 28 October 2009.
ALBERT
By the King:
Minister of Foreign Affairs,
Y. LETERME
Minister of Finance,
D. REYNDERS
The Minister of Social Affairs,
Ms. L. ONKELINX
The Minister of Employment,
Ms. J. MILQUET
Minister of Justice,
S. DE CLERCK
Minister of Independents,
Mrs. S. LARUELLE
The Minister of the Interior,
Ms. A. TURTELBOOM
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
Notes
(1) 2008-2009 session.
Senate.
Documents. - Bill tabled on 5 May 2009, No. 4-1308/1. - Report, No. 4-1308/2.
Annales parliamentarians. - Discussion and voting. Session of May 28, 2009.
Room.
Documents. - Project transmitted by the Senate, No. 52-2017/1. - Report made on behalf of the commission, No. 52-2017/2. - Text adopted in plenary and subject to Royal Assent, No. 52-2017/3.
Annales parliamentarians. - Discussion and voting. Session of June 25, 2009.
(2) This Agreement comes into force on 1
er April 2010.
Agreement between the Kingdom of Belgium and the Republic of Peru on the exercise of for-profit activities by certain members of the family of diplomatic missions and consular posts
The Kingdom of Belgium, on the one hand,
And
The Republic of Peru, on the other hand,
Desirous of concluding 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.
The following agreed:
Article 1
erScope
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 affected sending State:
(i) to the receiving State, or
(ii) to international organizations with headquarters in the host State;
B) also the spouse of another member of the staff of the mission of the sending State or of the staff of the consular post of the same State.
As defined in Article 1 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 paid activity, ceases to be part of the family of the persons referred to in paragraph 1 of this article.
5. The authorisation produces its effects during the period of assignment of the 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 latest at the end of that assignment (or within a reasonable time after it).
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 National Directorate of the Protocol and State Ceremonial of the Ministry of Foreign Affairs of the Republic of Peru or the Directorate 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 in charge of an agent referred to in the scope of Article 1 § 1, and after examination 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 activity for profit.
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 personal, professional or other data that the individual is required to 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 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 carry out 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 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 written notice of six (6) months 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 faith, the undersigned representatives, duly authorized by their respective Governments, have signed this Agreement.
Done in Brussels on 24 June 2008, in two original copies, each in French, Dutch and Spanish, all texts being equally authentic. In the event of a discrepancy of interpretation, the French language text will prevail.
