Posted the: 2010-03-22 Numac: 2009015139 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE October 28, 2009. -Law concerning consent to the agreement between the Kingdom of Belgium and the Republic of Peru on the pursuit of profit by some members of the family of the staff of diplomatic missions and consular posts, done at Brussels on June 24, 2008 (1) (2) ALBERT II, 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 Republic of Peru on the pursuit of profit by some members of the family of the staff of diplomatic missions and consular posts, done at Brussels on 24 June 2008, 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, October 28, 2009.
ALBERT by the King: Foreign Minister Y. LETERME the Minister of finance, D. REYNDERS the Minister for Social Affairs, Ms. L. ONKELINX the Minister of employment, Ms. J. MILQUET. the Minister of Justice, S. DE CLERCK the Minister of independent, Ms. S. LARUELLE Minister of the Interior, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice , S. DE CLERCK Notes (1) Session 2008-2009.
Documents. -Bill filed on May 5, 2009, no. 4 - 1308/1. -Report, n ° 4-1308/2.
Parliamentary Annals. -Discussion and vote. Meeting of May 28, 2009.
Documents. -Draft transmitted by the Senate, no. 52-2017/1. -Report on behalf of the Committee, no. 52-2017/2. -Text adopted in plenary and subject to Royal assent, session No. 52-2017/3.
Parliamentary Annals. -Discussion and vote.
Meeting of June 25, 2009.
(2) this Agreement shall enter into force on April 1, 2010.
Agreement between the Kingdom of Belgium and the Republic of Peru on the pursuit of profit by some members of the family of the staff of diplomatic missions and consular posts of the Kingdom of Belgium, on the one hand, and the Republic of the Peru, on the other hand, desiring to conclude an agreement to facilitate the pursuit of profit by some members of the family of members of staff in missions of the State of dispatch or consular of the latter posts
the territory of the host State.
Have agreed as follows: Article 1 scope 1. Are allowed to operate for-profit in the host State on reciprocal basis: A) the spouse and unmarried children aged less than 18 years to a diplomatic agent or consular official of the sending State affected: (i) with the State of home, or (ii) with international organizations having a seat in the host State;
(B) Similarly the spouse of another Member of the staff of the mission of the State of dispatch or staff of the consular post of the same State.
As defined in article 1 of the Vienna Conventions on Diplomatic Relations (1961) and consular (1963).
2. the authorisation to carry on a business for profit 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 apply to nationals of the host State nor permanent residents in its territory.
4. unless the host State decides otherwise, permission will not be granted to beneficiaries who, after having accepted a gainful occupation, ceases to be part of the family of persons referred to in paragraph 1 of this article.
5. authorisation takes effect during the period of employment 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 host State, and ceases its effects at the latest at the end of this assignment (or within a reasonable time after it).
Section 2 Procedures 1. Any application for permission to engage in an activity for profit is sent, on behalf of the beneficiary by the Embassy of the sending State to the Directorate National Protocol and ceremonial of the State's Ministry of Foreign Affairs of the Republic of Peru and the Direction of public Service Protocol, federal foreign trade and Cooperation in the development of the Kingdom of Belgium , as the case may be.
After verification that the person is to an agent under the scope of article 1 § 1, and after consideration of the formal request, the Embassy of the sending State shall be informed by the Government of the host State that dependent may engage in the 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 the usual or regulatory requirements relating to personal data, professional qualifications or other that the person concerned must justify to the exercise of his gainful occupation.
Article 3 Privileges and immunities in civil and administrative matters in the event that the beneficiary of the authorization to carry on a business for profit enjoys immunity from civil and administrative jurisdiction in the receiving State, under 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 law 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 where 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 above-mentioned Vienna Conventions or any other international instrument: a) the sending State throws 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 cases when 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 a specific request, the sending State will take the request from the State of home seriously into consideration.
Article 5 plans tax and social security pursuant to the provisions of the Vienna Conventions mentioned above or by virtue of any other applicable international instrument, 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 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 sent written notice to the other party.
Article 7 entry into force this Agreement shall enter into force the first day of the second month following the date of exchange of the last notification of the completion of the constitutional and legal procedures required.
In witness whereof, the undersigned representatives, duly authorized by their respective Governments, have signed this agreement.
Done at Brussels, on June 24, 2008, in two originals, each in the languages Dutch, French, and Spanish, all texts being equally authentic. In case of divergence of interpretation, the French text shall prevail.