belgiquelex.be - Carrefour Bank of Legislation 2 AVRIL 2009. - An Act to approve the Agreement between the Kingdom of Belgium and the Republic of Croatia on the exercise of a for-profit activity by certain family members of diplomatic and consular personnel, signed in Zagreb on 30 May 2005 (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 Croatia on the exercise of a for-profit activity by certain members of the family of diplomatic and consular personnel, signed in Zagreb on 30 May 2005, will be fully effective.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 2 April 2009.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Minister of Finance,
D. REYNDERS
The Minister of Social Affairs,
Ms. L. ONKELINX
The Minister of the Interior,
G. DE PADT
Minister of Justice,
S. DE CLERCK
The Minister of Employment,
Ms. J. MILQUET
Minister of Independents,
Mrs. S. LARUELLE
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
Agreement between the Kingdom of Belgium and the Republic of Croatia on the exercise of a for-profit activity by certain members of the family of diplomatic and consular personnel
BELGIUM ROYAUME
and
THE REPUBLIC OF CROATIA
The following is referred to as "Parties"
Desirous of entering into an agreement to facilitate the exercise of for-profit activities by certain members of the family of members of the diplomatic missions staff of the sending State or of the consular posts of the sending State in the territory of the host State.
The following agreed:
Article 1
erScope of the Agreement
1. Permitted, on the basis of reciprocity, to carry out a for-profit activity in the host State:
(a) the spouse, as well as unmarried dependent children under the age of 18, diplomatic agents or consular officials of the sending State accredited to:
(i) the host State, or
(ii) possible international organizations in the host State;
(b) the spouse of any other member of the mission staff of the sending State or the staff of the consular post of the same State,
as defined in Article 1
er the Vienna Convention on Diplomatic Relations (1961) and the Vienna Convention on Consular Relations (1963).
2. The authorization to perform a for-profit activity is given in accordance with the legal and regulatory provisions in force in the host 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, while performing a profit-oriented activity, ceases to be part of the family of the personnel referred to in paragraph 1 of this article.
5. The authorisation produces its effects during the period of assignment of 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 end of that assignment (or at a reasonable time following that deadline).
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, respectively, to the Service of the Diplomatic Protocol of the Ministry of Foreign Affairs of the Republic of Croatia or to the Directorate of the Protocol of the Belgian Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation.
2. Once verified that the beneficiary is a member of the family of an employee within the meaning of the provisions of paragraph 1 of Article 1 of this Agreement, and after processing of the official application, the Service of the Protocol of the receiving State will officially inform the embassy of the sending State of what the member of the aforementioned family may carry out a profit activity.
3. 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.
4. The authorization to perform 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 characteristics that the individual is required to justify in order to be able to perform a for-profit activity.
Article 3
Civil and administrative privileges and immunities
In the event that the beneficiary of the authorization to perform a for-profit activity would enjoy immunity from 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 shall be waived for all 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 will also 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 would enjoy immunity from criminal jurisdiction in the receiving 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 is not 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 above-mentioned Vienna Conventions or under any other applicable international instrument, beneficiaries of the authorization to carry out a for-profit activity are subject to the host State's tax and social security regimes 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, on a six-month notice to the other Party in writing.
Article 7
Entry into force
This Agreement shall enter into force on the first day of the second month following the date of receipt of the last notification by diplomatic means of the fulfilment of the constitutional and legal formalities required for the entry into force of this Agreement.
In faith, the undersigned representatives, duly authorized by their respective Governments, have signed this Agreement.
Made in Zagreb on 30 May 2005, in two original copies, each in French, Dutch, Croatian and English. The English language text will prevail in the event of a discrepancy of interpretation.
Notes
(1) 2007-2008 and 2008-2009 session:
Senate.
Documents. - Bill tabled on 16 July 2008, No. 4-871/1. - Report, number 4-871/2.
Annales parliamentarians. - Discussion, meeting of 6 November 2008. - Vote, meeting of 6 November 2008.
House of Representatives:
Documents. - Project transmitted by the Senate, No. 52-1566/1. - Text adopted in plenary and subject to Royal Assent, No. 52-1566/2.
Annales parliamentarians. - Discussion, meeting of November 27, 2008. - Vote, meeting of 27 November 2008.
(2) This Agreement comes into force on 1
er June 2009, in accordance with Article 7.
