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12 FEBRUARY 2009. - An Act to approve the Convention on Social Security between the Kingdom of Belgium and the Republic of India, signed in New Delhi on November 3, 2006 (1) (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 Convention on Social Security between the Kingdom of Belgium and the Republic of India, signed in New Delhi on 3 November 2006, will come out with its full effect.
Art. 3. The amendments to the provisions of Articles 7 to 9 of the Convention, as provided for in Article 10 of the Convention, shall be effective and 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 12 February 2009.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of Social Affairs,
Ms. L. ONKELINX
Minister of Independents,
Mrs. S. LARUELLE
The Minister of Pensions,
Ms. M. ARENA
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Notes
(1) Session 2007-2008.
Senate.
Documents. - Bill tabled on 4 August 2008, No. 4-894/1.
Session 2008-2009.
Senate.
Report, No. 4-894/2.
Annales parliamentarians. - Discussion and voting: meeting of 6 November 2008.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 52-1570/1. - Text adopted in plenary and subject to Royal Assent, No. 52-1570/2.
Annales parliamentarians. - Discussion and vote: 27 November 2008.
(2) In accordance with article 29, the Convention enters into force on 1^er September 2009.

Agreement on Social Security between the Kingdom of Belgium and the Republic of India
THE KINGDOM OF BELGIUM
AND
THE REPUBLIC OF INDIA,
wishing to arrange the mutual relations between the two countries in the field of social security, decided to conclude an Agreement for this purpose and agreed as follows:
PART I. - GENERAL PROVISIONS
Article 1
Definitions
1. For the implementation of this Agreement :
(a) The term « Belgium » means: the Kingdom of Belgium;
the term "India" means: the Republic of India.
(b) The term "national" means:
as regards Belgium : a person of Belgian nationality;
as regards India : a person of Indian nationality.
(c) The term « legislation » means: the laws specified in Article 2 or any rules, regulations, schemes, orders or notifications framed thereunder.
(d) The term "authority" means:
as regards Belgium : the Ministers, each to the extent that he is responsible for the implementation of the legislation specified in paragraph 1 a) of Article 2;
as regards India : the Ministers, each to the extent that he is responsible for the implementation of the legislation specified in paragraph 1 b) of Article 2.
(e) The term "agency" means:
as regards Belgium : the institution, the organization or the authority responsible in full or in part for the implementation of the legislation specified in paragraph 1 a) of Article 2;
as regards India : the institution, the organization or the authority responsible in full or in part for the implementation of the legislation specified in paragraph 1 b) of Article 2.
(f) The term « insurance period » means: any period of contributions recognized as such in the legislation under which that period was completed, as well as any period recognized as equivalent to a period of contribution under that legislation.
(g) The term « benefit » means: any pension or benefit in cash, including any supplements or increases applicable under the legislation specified in Article 2.
(h) The term " family members" means: any person defined or recognized as a family member or designated as a member of the household by the legislations of Belgium and India respectively.
(i) The term "residential" means: habitual residence.
2. Any term not defined in paragraph 1 of this Article shall have the meaning assigned to it in the applicable legislation.
Article 2
Legislative Scope
1. This Agreement shall apply:
a) as regards Belgium, to the legislations concerning :
(i) old-age and survivors' pension for employed persons and self-employed persons;
(ii) the invalidity insurance for employed persons, sailors of the merchant marine and self-employed persons;
and, as regards Part II only, to the legislations concerning :
(iii) the social security for employed persons;
b) as regards India, to all legislations concerning :
(i) old-age and survivors' pension for employed persons;
(ii) the Permanent Total Disability pension for employed persons;
and, as regards Part II only, to the legislations concerning :
(iii) the social security for employed persons;
2. This Agreement shall also apply to all legislation which will amend or extend the legislation specified in paragraph 1 of this Article.
It shall apply to any legislation which will extend the existing schemes to new categories of beneficiaries, unless, in this respect, the Contracting State which has amended its legislation notifies within six months of the official publication of the said legislation the other Contracting State of its objections to the inclusion of such new categories of beneficiaries.
This Agreement shall not apply to legislations that establish a new social security branch, unless the competent authorities of the Contracting States agree on this application.
Article 3
Personal Scope
Unless otherwise specified, this Agreement shall apply to all persons who are or have been subject to the legislation of either of the Contracting States, and other persons who derive rights from such person.
Article 4
Equality of Treatment
Unless otherwise provided in this Agreement, the persons specified in Article 3, who ordinarily reside in the territory of a Contracting State, shall receive equal treatment with nationals of that Contracting State in the application of the legislation of that Contracting State.
Article 5
Export of Benefits
1. Unless otherwise specified in this Agreement, a Contracting State shall not reduce or modify benefits acquired under its legislation solely on the ground that the beneficiary stays or resides in the territory of the other Contracting State.
2. The old age and survivors' benefits due by virtue of the Belgian legislation are paid to the Indian nationals residing in the territory of a third State, under the same conditions as if they were Belgian nationals residing in the territory of such third State.
3. The old-age, survivor's and disability benefits due by virtue of the Indian legislation, are paid to the Belgian nationals residing in the territory of a third State, under the same conditions as if they were Indian nationals residing in the territory of such third State.
Article 6
Reduction or Suspension Clauses
The reduction or suspension clauses provided for in the legislation of one Contracting State, in case one benefit coincides with other social security benefits or with other professional incomes, shall be applied to the beneficiaries, even if these benefits were acquired by virtue of a scheme of the other Contracting State, or if the related professional activities are exercised in the territory of the other Contracting State.
However, this provision shall not apply when benefits of the same nature coincide.
PART II. - PROVISIONS CONCERNING THE APPLICABLE LEGISLATION
Article 7
General Provisions
Subject to Articles 8 to 10, the applicable legislation is determined according to the following provisions :
a) unless otherwise provided in this Agreement, a person who works as an employee in the territory of a Contracting State shall, with respect to that employment, be subject only to the legislation of that Contracting State;
(b) persons who are members of the travelling or flying personnel of an enterprise which, for hire or reward or on its own account, operates international transport services for passengers or goods and has its registered office in the territory of a Contracting State shall be subject to the legislation of that Contracting State;
c) a person who works as an employee on board a ship that flies the flag of a Contracting State, shall be subject to the legislation of the State in which he has his residence.
Article 8
Special Provisions
1. An employed person who, being in the service of an employer with an office on which he normally depends in the territory of one of the Contracting States and paying contributions under the legislation of that Contracting State, is posted by that employer in the territory of the other Contracting State to work on its account, shall remain subject to the legislation of the former Contracting State duration and continue to pay contributions under the legislation of this Contracting State, as if he continued to be employed in his territorysee on the condition that the The family members who accompany the employed person will be subject to the legislation of that former Contracting State unless they exercise professional activities.
2. If the detachment referred to in paragraph 1 of this Article continues beyond 60 months, the competent authorities of the two Contracting States or the competent agencies designated by those competent authorities may agree that the employee remains subject only to the legislation of the first Contracting State.
3. Paragraph 1 of this Article shall apply where a person who has been sent by his employer from the territory of one Contracting State to the territory of a third country is subsequently sent by that employer from the territory of the third country to the territory of the other Contracting State.
Article 9
Civil Servants, Members of Diplomatic Missions and Consular Posts
1. Civil servants and equivalent personnel are subject to the legislation of the Contracting State whose administration employs them. These persons, as well as their family members are, for this purpose, considered to be residing in that Contracting State, even if they are in the territory of the other Contracting State.
2. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or the Vienna Convention on Consular Relations of April 24, 1963.
Article 10
Amendment Provision
In the interest of certain insured persons or certain categories of insured persons, the competent authorities can, by mutual agreement, specify modifications to the provisions of Articles 7 to 9 provided that the affected persons shall be subject to the legislation of one of the Contracting States.
PART III. - PROVISIONS CONCERNING BENEFITS
CHAPTER 1. - Provisions concerning Belgian Benefits
Section 1. - Old-age and Survivors' Benefits
Article 11
1. Notwithstanding the provisions of paragraph 2, for the acquisition, retention or recovery of the right to old-age or survivors' benefits, the insurance periods completed pursuant to the Indian legislation concerning old-age or survivors' benefits are totalized, when necessary and to the extent that they do not overlap, with the insurance periods completed pursuant to the Belgian legislation.
2. If the Belgian legislation subordinates the granting of certain old-age or survivors' benefits to the condition that the insurance periods are to be completed in a given occupation, only insurance periods completed or recognized as equivalent in the same occupation in India shall be totalized for admission to entitlement to these benefits.
3. If the Belgian legislation subordinates the granting of certain old-age or survivors' benefits to the condition that the insurance periods are to be completed in a given occupation, and when these periods did not result in entitlement to the said benefits, the said periods shall be considered valid for the determination of the old-age or survivors' benefits provided for in the general scheme of employed persons.
Article 12
1. If a person is entitled to an old-age or survivors' benefit under the Belgian legislation without necessarily proceeding to totalization, the Belgian agency shall calculate the benefit entitlement directly on the basis of the insurance periods completed in Belgium and only under the Belgian legislation.
That agency shall also calculate the amount of the old-age or survivors' benefit that would be obtained by applying the rules specified in paragraph 2 a) and b). Only the higher of these two amounts shall be taken into consideration.
2. If a person is entitled to an old-age or survivors' benefit by virtue of the Belgian legislation, with his right being created solely by taking the totalization of the insurance periods into account pursuant to Article 11, the following rules apply:
a) the Belgian agency shall calculate the theoretical amount of the benefit due as if all the insurance periods completed according to the two Contracting States' legislations were exclusively completed under the Belgian legislation;
b) the Belgian agency shall then calculate the amount due, on the basis of the amount specified under a), in proportion to the duration of the insurance periods under its legislation, in relation to the duration of all insurance periods accounted under a).
Section 2. - Invalidity Insurance
Article 13
For the acquisition, retention or recovery of the right to invalidity benefits, the provisions of Article 11 shall apply by analogy.
Article 14
1. If the right to Belgian invalidity benefits is created solely by totalization of the Belgian and Indian insurance periods completed in accordance with Article 13, the amount of the benefit due is determined according to the procedure determined by Article 12, paragraph 2.
2. If the right to the invalidity benefits is opened without recourse to the provisions of Article 13, and if the amount resulting from the sum of the Indian disability benefit and of the Belgian benefit calculated in accordance with paragraph 1 of this Article is lower than the amount of the benefit due solely on the basis of the Belgian legislation, the Belgian competent agency will grant a complement equal to the difference between the total amount of these two benefits and the amount due solely according to the Belgian legislation.
Article 15
The beneficiary of an invalidity benefit under the Belgian legislation is still entitled to this benefit during a stay in the other Contracting State when that stay has first been authorized by the Belgian competent agency. That authorization can, however, only be refused if the stay takes place in the period during which, by virtue of the Belgian legislation, the Belgian competent agency must estimate or revise the state of invalidity.
CHAPTER 2. - Provisions concerning Indian Old Age, Survivors' and Disability Benefits
Article 16
1. Notwithstanding the provisions for the acquisition, retention or recovery of the right to old-age, survivors' and disability benefits, the insurance periods completed pursuant to the Belgian legislation concerning such benefits are totalized, when necessary and to the extent that they do not overlap, with the insurance periods completed pursuant to the Indian legislation.
2. If the Indian legislation subordinates the granting of certain old-age, survivors' and disability benefits to the condition that the insurance periods are to be completed in a given occupation, only insurance periods completed or recognized as equivalent in the same occupation in Belgium shall be totalized for admission to entitlement to these benefits.
3. If the Indian legislation subordinates the granting of certain benefits to the condition that the insurance periods are to be completed in a given occupation, and when these periods did not result in entitlement to the said benefits, the said periods shall be considered valid for the determination of the benefits provided for in the general scheme of employed persons.
Article 17
1. If a person is entitled to an old-age, survivors' or disability benefit under the Indian legislation without necessarily proceeding to totalization, the Indian agency shall calculate the benefit entitlement directly on the basis of the insurance periods completed in India and only under the Indian legislation.
2. If a person is entitled to an old-age, survivors' or disability benefit by virtue of the Indian legislation, with his right being created solely by taking the totalization of the insurance periods into account pursuant to Article 16, the following rules apply:
a) the Indian agency shall calculate the theoretical amount of the benefit due as if all the insurance periods completed according to the two Contracting States' legislations were exclusively completed under the Indian legislation;
b) the Indian agency shall then calculate the amount due, on the basis of the amount specified under a), in proportion to the duration of the insurance periods under its legislation, in relation to the duration of all insurance periods accounted under a).
CHAPTER 3. - Common Provisions
Article 18
1. If, because of the rising cost of living, the variation of the wage levels or other adaptation clauses, the old-age, survivors', invalidity or disability benefits of either Contracting State are changed with a given percentage or amount, that percentage or amount should be directly applied to the old-age, survivors', invalidity or disability benefits of that Contracting State, without the other Contracting State having to proceed to a new calculation of the old-age, survivors', invalidity benefits.
2. On the other hand, in case of modification of the rules or of the computation process with regard to the establishment of the old-age, survivors', invalidity or disability benefits a new computation shall be performed according to Article 12, 14 or 17.
PART IV. - MISCELLANEOUS PROVISIONS
Article 19
Responsibilities of the Competent Authorities
The competent authorities:
a) shall take, by means of an administrative arrangement the measures required to implement this Agreement, including measures concerning taking into account of insurance periods, and shall designate the liaison agencies and the competent agencies;
b) shall define the procedures for mutual administrative assistance, including the sharing of expenses associated with obtaining medical, administrative and other evidence required for the implementation of this Agreement;
(c) shall directly communicate to each other any information concerning the measures taken for the application of this Agreement;
d) shall directly communicate to each other, as soon as possible, all changes in their legislation to the extent that these changes might affect the application of this Agreement.
Rule 20
Administrative Collaboration
1. For the implementation of this Agreement, the competent authorities as well as the competent agencies of both Contracting States shall assist each other with regard to the determination of entitlement to or payment of any benefit under this Agreement as they would for the application of their own legislation. In principle, this assistance shall be provided free of charge; however, the competent authorities may agree on the reimbursement of some expenses.
2. The benefit of the exemptions or reductions of taxes, of stamp duties or of registration or recording fees provided for by the legislation of one Contracting State in respect of certificates or other documents which must be produced for the application of the legislation of that State shall be extended to certificates and similar documents to be produced for the application of the legislation of the other State.
3. Documents and certificates which must be produced for the implementation of this Agreement shall be exempt from authentication by diplomatic or consular authorities.
Copies of documents which are certified as true and exact copies by an organization of one Contracting State shall be accepted as true and exact copies by the organization of the other Contracting State, without further certification.
4. For the implementation of this Agreement, the competent authorities and agencies of the Contracting States may communicate directly with each other as well as with any person, regardless of the residence of such persons. Such communication may be made in one of the languages used for the official purposes of the Contracting States.
An application or document may not be rejected by the competent authority or organizations of a Contracting State solely because it is in an official language of the other Contracting State.
Article 21
Claims, Notices and Appeals
1. Claims, notices or appeals which, according to the legislation of one of the Contracting States, should have been submitted within a specified period to the authority or agency of that Contracting State, are acceptable if they are presented within the same specified period to an authority or agency of the other Contracting State. In this case, the claims, notices or appeals must be sent without delay to the authority or agency of the former Contracting State, either directly or through the competent authorities of the Contracting States.
The date on which these claims, notices or appeals have been submitted to an authority or agency of the second Contracting State shall be considered to be the date of submission to the authority or agency authorized to accept such claims, notices or appeals.
2. An application for benefits under the legislation of one Contracting State shall be deemed to be also an application for a benefit of same nature under the legislation of the other Contracting State provided that the applicant so wishes and provides information indicating that insurance periods have been completed under the legislation of the other Contracting State.
Article 22
Confidentiality of Information
Unless otherwise required by the national laws and regulations of a Contracting State, information about an individual which is transmitted in accordance with this Agreement to the competent authority or agency of that Contracting State by the competent authority or agency of the other Contracting State shall be used exclusively for purposes of implementing this Agreement and the legislation to which this Agreement applies. Such information received by a competent authority or agency of a Contracting State shall be governed by the national laws and regulations of that Contracting State for the protection of privacy and confidentiality of personal data.
Article 23
Payment of Benefits
1. Payments of benefits under this Agreement may be made in the currency of either Contracting State.
2. In the event that a Contracting State imposes currency controls or other similar measures that restrict payments, remittance or transfers of funds or financial instruments to persons who are outside that Contracting State, it shall, without delay, take appropriate measures to ensure the payment of any amount that must be paid in accordance with this Agreement to persons described in Article 3 who reside in the other Contracting State.
Article 24
Resolution of Disputes
Disputes which arise in interpreting or applying this Agreement shall be resolved, to the extent possible, by the competent authorities.
PART V. - TRANSITIONAL AND FINAL PROVISIONS
Rule 25
Events prior to the entry into force of the Agreement
1. This Agreement shall also apply to events which occurred prior to its entry into force.
2. This Agreement shall not create any entitlement to benefits for any period prior to its entry into force.
3. All insurance periods completed under the legislation of one of the Contracting States prior to the date on which this Agreement enters into force shall be taken into consideration in determining entitlement to any benefit in accordance with the provisions of this Agreement.
4. This Agreement shall not apply to rights that were liquidated by the granting of a sum lump payment or the reimbursement of contributions.
5. In applying Article 8 in case of persons who were sent to a Contracting State prior to the date of entry into force of this Agreement, the periods of employment referred to in that Article shall be considered to begin on that date.
Rule 26
Revision, prescription, forfeiture
1. Any benefit that was not paid or that was suspended by reason of the nationality of the interested person or by reason of his residence in the territory of a Contracting State other than that in which the agency responsible for payment is located, shall, on application by the interested person, be paid or restored from the entry into force of this Agreement.
2. The entitlement of interested persons who, prior to the entry into force of this Agreement, obtained the payment of a benefit may be revised upon application by those persons, in accordance with the provisions of this Agreement. In no case shall such a revision result in a reduction of the prior entitlement of the interested persons.
3. If the application referred to in paragraph 1 or 2 of this Article is made within two years of the date of the entry into force of this Agreement, any entitlement arising from the implementation of this Agreement shall be effective from that date, and the legislation of either Contracting State concerning the forfeiture or the prescription of rights shall not be applicable to such interested persons.
4. If the application referred to in paragraph 1 or 2 of this Article is made after two years following the entry into force of this Agreement, the entitlements which are not subject to forfeiture or which are not yet prescribed shall be acquired from the date of the application, unless more favourable legislative provisions of the Contracting State concerned are applicable.
Rule 27
Duration
This Agreement is concluded without any limitation on its duration. It may be terminated by either Contracting State giving twelve months' notice in writing to the other State.
Rule 28
Guarantee of rights that are acquired or in the course of acquisition
In the event of termination of this Agreement, any rights and payment of benefits acquired by virtue of the Agreement shall be maintained. The Contracting States shall make arrangements regarding the rights in the course of acquisition.
Rule 29
Entry into Force
This Agreement shall enter into force on the first day of the third month following the date of receipt of the note through which the last of both Contracting States will have given notice to the other Contracting State that all domestic requirements have been accomplished.
In witness whereof, the undersigned, being duly authorized thereto, have signed this Agreement.
Done at New Delhi, on the 3 day of November 2006, in duplicate in the English language.

TRADUCTION
Convention on Social Security between the Kingdom of Belgium and the Republic of India
BELGIUM ROYAUME
AND
THE REPUBLIC OF INDIA,
The Kingdom of Belgium and the Republic of India, motivated by the desire to settle the mutual relations between the two States in the field of social security, decided to conclude a Convention to that effect and agreed as follows:
PART I. GENERAL PROVISIONS
Article 1^er
Definitions
1. For the purposes of this Convention:
(a) The term "Belgium" means the Kingdom of Belgium;
the term "India" means the Republic of India.
(b) The term "national" means:
concerning Belgium: a person with Belgian nationality;
in India: a person with Indian nationality.
(c) The term "laws" refers to: the laws referred to in Article 2 and all the rules, regulations, regulations, directives or communications that fall within the scope of the Act.
(d) The term "authority" means:
with respect to Belgium: Ministers responsible, each with respect to it, for the application of the legislation referred to in Article 2, paragraph 1^er(a)
with respect to India: Ministers responsible, each with respect to it, for the application of the legislation referred to in Article 2, paragraph 1^er(b).
(e) The term "institution" means:
with respect to Belgium: the body, organization or authority responsible for applying, in whole or in part, the legislation referred to in Article 2, paragraph 1^er(a)
with respect to India: the body, organization or authority responsible for applying, in whole or in part, the legislation referred to in Article 2, paragraph 1^er(b).
(f) The term "insurance period" means: any period recognized as such by the legislation under which the period was completed, as well as any period assimilated recognized by that legislation.
(g) The term "benefit" means any pension or benefit in cash, including any supplements or increases that are applicable under the legislation referred to in Article 2.
(h) The term "family member" means: any person defined or recognized as a family member or designated as a household member by the respective laws of Belgium and India.
(i) The term "residence" means the usual stay.
2. Any term not defined in paragraph 1^er of this Article shall have the meaning assigned to it by the law that applies.
Article 2
Field of material application
1. This Convention applies:
(a) with regard to Belgium, the relevant legislation:
(i) retirement and survival pensions for employees and self-employed persons;
(ii) disability insurance for employees, merchant marine sailors and self-employed persons;
and, only with respect to Part II, the relevant legislation:
(iii) social security of employed workers;
(b) with respect to India, any relevant legislation:
(i) retirement and survival pensions of employed workers;
(ii) the permanent total disability pension;
and, only with respect to Part II, the relevant legislation:
(iii) social security of employed workers.
2. This Convention shall also apply to any legislation that amends or supplements the legislation listed in paragraph 1^er of this Article.
It shall apply to any legislation that extends the existing regimes to new categories of beneficiaries if there is not, in this regard, opposition from the Contracting State that amends its legislation, notified to the other Contracting State within six months from the official publication of the said legislation.
This Convention shall not apply to legislation establishing a new social security branch unless an agreement is reached between the competent authorities of the Contracting States.
Article 3
Field of personal application
Unless otherwise provided, this Convention shall apply to persons who are or have been subject to the legislation of one of the Contracting States and to other persons who obtain rights derived from such a person.
Article 4
Equal treatment
Unless otherwise provided by this Convention, persons referred to in Article 3, who usually reside in the territory of a Contracting State, shall be given equal treatment with respect to nationals of that Contracting State when applying the legislation of that Contracting State.
Article 5
Export of benefits
1. Unless otherwise provided by this Convention, a Contracting State may not reduce or amend the benefits acquired under its legislation because the beneficiary resides or resides in the territory of the other Contracting State.
2. Retirement and survival benefits due under Belgian legislation are paid to Indian nationals residing in the territory of a third State under the same conditions as if they were Belgian nationals residing in the territory of that third State.
3. Retirement, survival and incapacity benefits due under Indian legislation are paid to Belgian nationals residing in the territory of a third State under the same conditions as if they were Indian nationals residing in the territory of that third State.
Article 6
Reduction or suspension clauses
The reduction or suspension clauses provided for in the legislation of a Contracting State, in the event of a cumulative benefit with other social security benefits or with other professional income, shall be applicable to the beneficiaries, even if the benefits acquired under a regime of the other Contracting State or if the work activities are carried out in the territory of the other Contracting State.
However, this rule is not applicable to the accumulation of two similar benefits.
PART II
PROVISIONS FOR THE APPLICABLE LEGISLATION
Article 7
General provisions
Subject to Articles 8 to 10, the applicable legislation shall be determined in accordance with the following provisions:
(a) Unless otherwise provided by this Convention, the person exercising an employee activity in the territory of a Contracting State shall, for that employee activity, be subject to the legislation of that Contracting State;
(b) persons who are part of the travelling or air personnel of a company performing, on behalf of others or on their own behalf, international transport of passengers or goods and having its seat in the territory of a Contracting State shall be subject to the legislation of that Contracting State;
(c) a person carrying on an employee activity on board a ship flying the flag of a Contracting State shall be subject to the law of the State in which he has his residence.
Article 8
Special provisions
1. The employee who, being in the service of an employer having in the territory of one of the Contracting States an establishment of which he or she normally pays contributions under the legislation of that Contracting State, shall be detached by that employer to the territory of the other Contracting State to perform work on his behalf, shall remain subject to the legislation of the first Contracting State and continue to pay contributions under the law of that Contracting State as if he or she Members of the family who accompany the employee shall be subject to the legislation of the first Contracting State unless they carry out professional activities.
2. In the case of the detachment referred to in paragraph 1^er of this Article shall continue beyond sixty months, the competent authorities of the two Contracting States or the competent institutions designated by these competent authorities may agree that the worker shall remain subject only to the legislation of the first Contracting State.
3. Paragraph 1^er this Article shall apply where a person, after being sent by his employer from the territory of a Contracting State to the territory of a third country, is then sent by that employer of the territory of the third country to the territory of the other Contracting State.
Article 9
Officials, members of diplomatic missions and consular posts
1. Civil servants and assimilated personnel are subject to the legislation of the Contracting State under which the administration which occupies them is responsible. These persons and members of their families are considered to be resident in the territory of this Contracting State, even if they are in the territory of the other Contracting State.
2. This Convention shall not affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961 or the Vienna Convention on Consular Relations of 24 April 1963.
Article 10
Derogations
The competent authorities may, in common agreement, for the benefit of certain insured persons or certain categories of insured persons, provide for exemptions from the provisions of Articles 7 to 9 provided that the legislation of one of the Contracting States is applicable to such persons or categories of persons.
PART III
PROVISIONS CONCERNING PRESTATIONS
CHAPTER 1^er. - Provisions concerning Belgian benefits
Section 1^re. - Old age and survival benefits
Article 11
1. Subject to the provisions of paragraph 2, the insurance periods in accordance with Indian legislation relating to old-age or survival benefits shall be totaled as necessary, provided that they do not overlap with the insurance periods under Belgian law for the acquisition, maintenance or recovery of the right to old-age or survival benefits.
2. When Belgian legislation subordinates the granting of certain old-age or survival benefits provided that the insurance periods have been completed in a specified profession, for admission to the benefit of these benefits, only the insurance periods completed or assimilated in the same profession in India.
3. When Belgian legislation subordinates the granting of certain old-age or survival benefits provided that the insurance periods have been completed in a specific profession and when these periods have not been able to grant such benefits, these periods are considered valid for the determination of the old-age or survival benefits provided for the general pension plan of the employed workers.
Article 12
1. When a person meets the conditions required by Belgian legislation to be entitled to old age or survival benefits without the need to complete, the Belgian institution calculates the right to benefit directly on the basis of the periods of insurance carried out in Belgium and according to Belgian legislation alone.
This institution also calculates the amount of old-age or survival benefit that would be obtained by applying the rules set out in paragraph 2, littera (a) and (b). The highest amount is only retained.
2. If a person can claim an old age or survival benefit under Belgian law, whose right is only open given the totalization of insurance periods carried out in accordance with Article 11, the following rules apply:
(a) the Belgian institution calculates the theoretical amount of the benefit that would be payable if all insurance periods carried out under the laws of the two Contracting States had been carried out only under Belgian law;
(b) the Belgian institution then calculates the amount due, on the basis of the amount referred to in littera (a), on the basis of the duration of the insurance periods carried out under its sole legislation in relation to the duration of all insurance periods recorded under littera (a).
Section 2. - Disability insurance
Article 13
For the acquisition, retention or recovery of the right to disability benefits, the provisions of Article 11 shall apply by analogy.
Article 14
1. If the right to Belgian disability benefits is opened only by totalisation of Belgian and Indian insurance periods in accordance with Article 13, the amount of the benefit due shall be determined in accordance with the terms and conditions set out in Article 12, paragraph 2.
2. Where the right to Belgian disability benefits is open without the need to resort to the provisions of Article 13, and the amount resulting from the addition of the Indian benefit and the Belgian benefit calculated under paragraph 1^er of this Article is less than the amount of the benefit due on the basis of the only Belgian legislation, the competent Belgian institution allocates an equal complement to the difference between the sum of the two above-mentioned benefits and the amount due under the only Belgian law.
Article 15
The beneficiary of a disability benefit from Belgian legislation retains the benefit of this benefit during a stay in the other Contracting State, when this stay was previously authorized by the competent Belgian institution. However, this authorization may only be refused when the stay is in the period in which, under Belgian law, the competent Belgian institution must conduct the assessment or revision of the condition of disability.
CHAPTER 2. - Provisions concerning Indian Old Age, Survival and Labour Disability
Article 16
1. Subject to the provisions for the acquisition, maintenance or recovery of the right to old age, survival and incapacity of work, the periods of insurance carried out in accordance with Belgian legislation relating to these benefits are totaled as necessary, provided that they do not overlap with the periods of insurance carried out under Indian law.
2. When Indian legislation subordinates the granting of certain old-age survival and incapacity benefits provided that the insurance periods have been made in a specific profession, are not totalized, for admission to the benefit of these benefits, only the insurance periods completed or assimilated in the same profession in Belgium.
3. When Indian legislation provides for the granting of certain benefits provided that the insurance periods have been completed in a specified profession and when these periods have not been able to grant such benefits, these periods are considered valid for the determination of the benefits provided for in the general pension plan.
Article 17
1. When the person meets the conditions required by Indian legislation to be entitled to old age, survival or incapacity for work without the need to complete, the Indian institution calculates the right to benefit directly on the basis of insurance periods in India and on the basis of Indian legislation alone.
2. If a person may claim an old age, survival or incapacity of work under Indian law, whose right is only open in the light of the totalization of insurance periods under Article 16, the following rules apply:
(a) the Indian institution calculates the theoretical amount of the benefit that would be payable if all insurance periods under the laws of the two Contracting States had been carried out only under Indian law;
(b) the Indian institution then calculates the amount due, on the basis of the amount referred to in littera (a), on the basis of the duration of the insurance periods under its sole legislation in relation to the duration of all insurance periods recorded under littera (a).
CHAPTER 3. - Common provisions
Article 18
1. If, due to the increase in the cost of living, the change in the level of wages or for other reasons, the benefits of old age, survival, disability or incapacity of work of one of the two Contracting States are subject to a change in a percentage or amount determined, that percentage or amount will be directly applied to the old age, survival, disability or disability benefits of that Contracting State
2. However, in the event of a change in the method of determination or the rules for calculating old age, survival, disability or work disability benefits, a new calculation is made in accordance with Articles 12, 14 or 17.
PART IV. - OTHER PROVISIONS
Article 19
Responsibilities of competent authorities
The competent authorities:
(a) take all necessary administrative measures for the application of this Convention, including measures for the consideration of insurance periods, and designate liaison institutions and relevant institutions;
(b) define the administrative mutual assistance procedures, including the allocation of expenses related to obtaining medical, administrative and other certificates required for the purposes of this Convention;
(c) disclose directly any information regarding measures taken to implement this Convention;
(d) notify, as soon as possible and directly, any changes to their legislation that may affect the application of this Convention.
Rule 20
Administrative collaboration
1. For the purposes of this Convention, the competent authorities and the competent institutions of the two Contracting States shall lend themselves to each other their good offices for the determination of the right to benefits and for the payment of benefits under this Convention, as if it were the application of their own legislation. This assistance is in principle free of charge; However, the competent authorities may agree on the reimbursement of certain costs.
2. The benefit of the exemptions or reductions of taxes, stamp duties, transplantation or registration provided for in the legislation of one of the Contracting States for the documents or documents to be produced pursuant to the legislation of that State is extended to the documents and documents similar to be produced under the law of the other State.
3. All acts and documents to be produced under this Convention shall be exempted from the legalization visa of diplomatic or consular authorities.
Copies of certified documents in accordance with an organization of one of the two Contracting States shall be accepted by the organization of the other Contracting State as copies of compliant documents, without further necessary certification.
4. For the purposes of this Convention, the competent authorities and institutions of the Contracting States are empowered to correspond directly with each other and with any person, irrespective of his or her residence. Correspondence may be made in one of the languages used by the Contracting States for official purposes.
An application or part may not be rejected by a competent authority or organization of a Contracting State solely because it is written in an official language of the other Contracting State.
Article 21
Requests, declarations and remedies
1. Requests, declarations or remedies that should have been brought, according to the law of a Contracting State, within a specified period of time, to an authority or institution of that Contracting State shall be admissible if they are brought within the same time limit to an authority or institution of the other Contracting State. In such cases, requests, declarations or appeals must be sent promptly to the authority or institution of the first Contracting State, either directly or through the competent authorities of the Contracting States.
The date on which these requests, declarations or appeals have been filed with an authority or institution of the other Contracting State is considered to be the date of introduction to the competent authority or institution to know them.
2. An application for benefits pursuant to the legislation of a Contracting State will also be considered to be a request for a similar benefit under the legislation of the other Contracting State provided that the applicant wishes to do so and that it discloses information from which it appears that periods of insurance have been made under the legislation of the other Contracting State.
Article 22
Confidentiality of information
Unless otherwise provided in the national laws and regulations of a Contracting State, information concerning a person, communicated in accordance with this Convention to the competent authority or institution of a Contracting State by the competent authority or institution of the other Contracting State shall be used exclusively for the purposes of this Convention and the legislation to which this Convention applies. This information received by a competent authority or institution of a Contracting State shall be subject to the application of the national laws and regulations of that Contracting State concerning the protection of privacy and the confidentiality of personal data.
Article 23
Payment of benefits
1. Payments of benefits under this Convention may be made in the currency of either Contracting State.
2. In the event that a Contracting State imposes monetary controls or other measures of limitation of payments, transfers or transfers of funds or monetary instruments to persons outside that Contracting State, that State shall promptly take the necessary measures to ensure payment of any amount to be paid in accordance with this Convention to persons under Article 3 who reside in the other Contracting State.
Article 24
Settlement of disputes
Disputes relating to the interpretation or application of this Convention shall be settled, to the extent possible, by the competent authorities.
PART V. - TRANSITIONAL AND FINAL PROVISIONS
Rule 25
Eventualities prior to the entry into force of the Convention
1. This Convention also applies to any event that has occurred prior to its entry into force.
2. This Convention shall not open any entitlement to benefits for a period prior to its entry into force.
3. Any period of insurance under the law of one of the Contracting States before the date of entry into force of this Convention shall be taken into consideration for the determination of the right to a benefit opening in accordance with the provisions of this Convention.
4. This Convention does not apply to rights that have been liquidated by the granting of a lump sum benefit or the reimbursement of contributions.
5. In the event that Article 8 is applied to persons sent to the territory of a Contracting State before the date of entry into force of this Convention, the periods of prior occupation referred to in this Article shall be deemed to have commenced at that date.
Rule 26
Revision, prescription, termination
1. Any benefit that has not been liquidated or has been suspended because of the nationality of the person concerned or because of his residence in the territory of the Contracting State other than the territory of the institution of payment is; at the request of the person concerned, liquidated or restored from the entry into force of this Convention.
2. The rights of persons who have obtained, prior to the entry into force of this Convention, the liquidation of a benefit shall be revised upon request, taking into account the provisions of this Convention. In no case shall such a review have the effect of reducing the prior rights of the persons concerned.
3. If the request referred to in paragraphs 1^er or 2, of this Article shall be submitted within two years from the date of entry into force of this Convention, the rights opened in accordance with the provisions of this Convention shall be acquired from that date, without the provisions of the legislation of either Contracting State, relating to the deprivation or limitation of rights, being enforceable against the persons concerned.
4. If the request referred to in paragraphs 1^er or 2, of this Article shall be submitted after the expiration of a period of two years after the date of entry into force of this Convention, the rights which are not subject to a termination or are not prescribed shall be acquired from the date of the application, subject to more favourable provisions of the law of the Contracting State concerned.
Rule 27
Duration
This Convention shall be concluded for an indefinite period. It may be denounced by one of the Contracting States by written notification addressed to the other Contracting State with a twelve-month notice.
Rule 28
Guarantee of acquired or acquired rights
In the event of denunciation of this Convention, the rights and payments of benefits acquired under the Convention shall be maintained. Contracting States shall make arrangements with respect to acquisition rights.
Rule 29
Entry into force
This Convention shall enter into force on the first day of the third month following the date of receipt of the note by which the last of the two Contracting States has served the other Contracting State that the formalities required are fulfilled.
In faith, the undersigned, duly authorized, have signed this Convention.
Done in New Delhi, November 3, 2006 in double, English.