Posted the: 2009-05-22 Numac: 2009015061 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE April 2, 2009. -Law concerning consent to the agreement between the Kingdom of Belgium and the Republic of Croatia on the pursuit of an activity for profit by some members of the family of members of the diplomatic staff and consular, signed at Zagreb on May 30, 2005 (1) (2) ALBERT II, King of the Belgians, 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 Croatia on the pursuit of an activity for profit by some members of the family of members of the diplomatic and consular staff, signed at Zagreb on May 30, 2005, will come out full and complete effect.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Brussels, April 2, 2009.
ALBERT by the King: Foreign Minister K. DE GUCHT. the Minister of finance, D. REYNDERS the Minister for Social Affairs, Ms. L. ONKELINX. the Minister of the Interior, G. DE PADT. the Minister of Justice, S. DE CLERCK Minister of employment, Ms. J. MILQUET the Minister of independent, Ms. S. LARUELLE sealed with the seal of the State: the Minister of Justice , S. DE CLERCK agreement between the Kingdom of Belgium and the Republic of Croatia on the pursuit of an activity for profit by some members of the family of members of the diplomatic and consular personnel the Kingdom of Belgium and the Republic of Croatia hereinafter referred to as ' the Parties ' desiring to conclude an agreement to facilitate the pursuit of profit by some members of the family of members of staff of the State of dispatch or consular posts diplomatic missions on the territory of the host State.
Have agreed as follows: Article 1 scope of application of the agreement 1. Are allowed to operate for-profit in the host State on reciprocal basis,: a) the spouse, and dependent unmarried 18-year-old children of diplomatic agents or consular officers of the sending State accredited to: (i) of the host State, or (ii) any international organizations in the host State;
b) the spouse of any other 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 Convention on diplomatic relations (1961) and the Vienna Convention on consular (1963) relations.
2. permission to engage in an activity for profit is given in accordance with the legal and regulatory provisions in force in the State of home 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, while it carries out an activity for profit, ceases to be part of the family of the staff referred to in paragraph 1 of this article.
5. the authorization takes effect during the period of employment of the persons referred to in paragraph one 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 end of this assignment (or a reasonable time after this date).
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 respectively State to the Protocol Service of the Ministry of Foreign Affairs of the Republic of Croatia or the Direction of public Service Protocol Belgian federal Foreign Affairs, foreign trade and Development Cooperation.
2. After confirming that the beneficiary is a family member 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 host State will officially inform Embassy of the sending State that the above-mentioned family member may engage in an activity for profit.
3. the procedures followed 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.
4. the authorisation to carry on a business for profit will lead no exemption for the recipient to meet the usual or regulatory requirements relating to the personal characteristics, professional qualifications or other that the person concerned must justify to exercise an activity for profit.
Article 3 Privileges and immunities in civil and administrative matters in the event that the beneficiary of the authorization to carry out an activity for profit 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 arrangements or any other applicable international instrument, this immunity is thrown for all acts arising from the exercise of the activity for profit and fall within the scope of civil or administrative of the host State law. The sending State will also 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 would enjoy 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 is not considered extending 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 months sent written notice through diplomatic channels 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 receipt of the last notification through diplomatic channels, of the completion of the constitutional and legal formalities required for the entry into force of this agreement.
In witness whereof, the undersigned representatives, duly authorized by their respective Governments, have signed this agreement.
Made in Zagreb, May 30, 2005, in two originals, each in French languages, Dutch, Croatian and English.
The English text shall prevail in case of conflict of interpretation.
Notes (1) 2007 - 2008 and 2008-2009 Session: Senate.
Documents. -Bill filed on July 16, 2008, no. 4 - 871/1. -Report, n ° 4-871/2.
Parliamentary Annals. -Discussion, meeting of November 6, 2008. -Vote meeting of November 6, 2008.
House of representatives: Documents. -Draft transmitted by the Senate, no. 52-1566/1. -Text adopted in plenary and subject to Royal assent, session No. 52-1566/2.
Parliamentary Annals. -Discussion, meeting of November 27, 2008. -Vote meeting of November 27, 2008.
(2) this Agreement shall enter into force on 1 June 2009, in accordance with article 7 thereof.