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Law Approving The Agreement, Concluded By Exchange Of Letters In Brussels On 21 December 2006, Between The Benelux States Governments And The Government Of Montenegro On The Abolition Of The Requirement Of The Travel Visa For Holders

Original Language Title: Loi portant assentiment à l'Accord, conclu par échange de lettres à Bruxelles le 21 décembre 2006, entre les Gouvernements des Etats du Benelux et le Gouvernement du Monténégro relatif à la suppression de l'obligation du visa de voyage pour les titulaires

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18 JULY 2008. - An Act to Enact the Agreement, concluded by exchange of letters in Brussels on 21 December 2006, between the Governments of the Benelux States and the Government of Montenegro concerning the abolition of the travel visa requirement for holders of a diplomatic or service passport (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constution.
Art. 2. The Agreement, concluded by exchange of letters in Brussels on 21 December 2006, between the Governments of the Benelux States and the Government of Montenegro concerning the removal of the travel visa requirement for holders of a diplomatic or service passport, will come out its full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 18 July 2008.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of the Interior,
P. DEWAEL
Seal of the state seal:
Minister of Justice,
J. VANDEURZEN
____
Notes
(1) 2006-2007 session.
Senate.
Documents
Bill tabled on 2 April 2008, No. 4-668/1.
Report, No. 4-668/2.
Annales parlementaire
Discussion, meeting of 8 May 2008.
Voting, meeting of 8 May 2008.
Room
Documents
Project transmitted by the Senate, No. 52-1156/1.
Text adopted in plenary and submitted to Royal Assent No. 52-1156/2.
Annales parlementaire
Discussion, meeting of 19 June 2008.
Vote, meeting of 15 June 2008.

Republic of Montenegro
Ministry of Foreign Affairs
Brussels, 21 December 2006
Your Excellency,
I have the honour to acknowledge receipt of your letter dated 21 December 2006, in which, on behalf of your Government, the conclusion of an agreement between the Republic of Montenegro, on the one hand, and the Benelux States, on the other, concerning the abolition of the visa requirement for diplomatic and service passports, which states as follows:
« Excellence,
We have the honour to inform Your Excellency that the Governments of the Benelux States, acting in concert under the Convention between the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands concerning the transfer of control of persons to the outer borders of the territory of Benelux, signed in Brussels on 11 April 1960, are prepared to conclude with the Government of Montenegro an Agreement concerning the abolition of the obligation of visas
1. Under this Agreement:
- by "the Benelux States": the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;
- by the "Benelux Territory": all the territories in Europe, the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands.
His Excellency Mr. Karel DE GUCHT
Minister of Foreign Affairs
2. Nationals of Montenegro who hold a valid diplomatic passport or national service may, for a stay of up to three months, enter the Benelux territory without a visa, under the sole cover of this passport.
3. Nationals of the Benelux States who hold a valid diplomatic passport or national service may, for a stay of up to three months, enter without a visa in the territory of Montenegro, under the sole cover of this passport.
4. With the exception of officials of diplomatic and consular representations, as well as officials from international organizations, designated to serve in one of the countries of the signatory Governments, the persons referred to in paragraphs 2 and 3 shall, for a stay of more than three months, have obtained the visa, before their departure, to the intervention of the diplomatic or consular representative of the country where they wish to visit.
5. Each Government reserves the right to refuse its country's access to persons who do not have the required entry documents or who are reported to be undesirable or considered to compromise public peace, public order or national security.
6. Except for the above provisions, the laws and regulations in force in the Benelux States and Montenegro concerning access to the territory, residence, establishment and removal of aliens, as well as the exercise of an activity, remain applicable.
7. Each Government undertakes to re-enter on its territory at any time and without formality the persons who have entered this territory under the guise of a valid diplomatic passport or national service, issued by the Belgian, Luxembourg, Dutch or Serbian Authorities.
8. The signatory Governments transmit diplomatically the specimens of their new or modified diplomatic passports and service, as well as the data concerning the use of these passports, to the extent possible, 60 days before their circulation.
9. This Agreement shall enter into force on the first day of the second month following the date of the last notification attesting to the completion of all constitutional and legal formalities for its entry into force for a period of one year. If it has not been denounced 30 days before the end of this period, the Agreement will be considered extended for an indefinite period.
Upon the expiration of the first one-year period, each of the signatory Governments may denounce it on a 30-day notice to the Government of Belgium.
The denunciation by one of the signatory Governments will result in the repeal of the Agreement.
The Government of Belgium shall notify the other signatory Governments of the receipt of the notifications referred to in this paragraph and the communication referred to in that paragraph.
10. The application of this Agreement may be suspended by either of the Contracting Parties.
The suspension should be notified immediately through diplomatic channels to the Belgian Government. The Government will notify other signatory Governments of the receipt of this notification. The same shall be done as soon as the measure in question is lifted.
11. With regard to the Kingdom of the Netherlands the application of this Agreement may be extended to the Netherlands Antilles and to Aruba by a notification from the Government of the Netherlands to the Government of Montenegro.
If the Government of Montenegro is prepared to conclude with the Governments of the Benelux States an Agreement concerning the above-mentioned provisions, we have the honour to propose to Your Excellency that this letter and that of similar content, which Your Excellency may wish to address to each of us, constitute the Agreement on the Suppression of the Obligation of Visa concerning Diplomatic and Service Passports between Montenegro and the States of Benelux. »
I have the honour to inform your Excellency that the Government of the Republic of Montenegro marks its agreement on the proposal contained in the above letter and that this letter and letter with similar content in response to the Plenipotentiary of the Grand Duchy of Luxembourg and the Plenipotentiary of the Kingdom of the Netherlands will constitute an agreement between the Republic of Montenegro, on the one hand, and the States of the Benelux, on the other.
Please accept, Your Excellency, the assurance of my high consideration.
On behalf of the Government of the Republic of Montenegro
Minister for Foreign Affairs
H.E. Mr. Milan Rocen

Republic of Montenegro
Ministry of foreign Affairs
Brusssels, 21 December 2006.
Your Excellency
I have the honour to acknowledge the receipt of your letter of 21 December 2006 proposing, on behalf of your Government, the conclusion of an Agreement between the Government of the Republic of Montenegro, on the one hand, and the Governments of the Benelux States, on the other, on the abolition of visas for holders of a diplomatic or service passport, which reads as follows:
« Excellency,
We have the honour to communicate to Your Excellency that the Governments of the Benelux States acting jointly under the Agreement between the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands signed at Brussels on 11 April 1960 concerning the transfer of immigration control to the outer frontiers of Benelux, are prepared to conclude with the Government of Montenegro an Agreement on the abolition of visas for diplomatic and service passports, which reads as follows:
1. In this Agreement,
- the term " Benelux States" shall mean : the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;
- the term « Benelux territory « shall mean : the joint territories in Europe of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands.
His Excellency Mr. KAREL DE GUCHT,
Minister of Foreign Affairs of the Kingdom of Belgium
2. Nationals of Montenegro who are holders of a valid national diplomatic or service passport may enter the Benelux territory without a visa and stay for a period not exceeding three months under this passport only.
3. Nationals of the Benelux countries who are holders of a valid national diplomatic or service passport may enter the territory of Montenegro without a visa and stay for a period not exceeding three months under this passport only.
4. With the exception of the agents of diplomatic and consular representations as also the agents of international organisations, designated for the exercise of functions in any country of the Signatory Governments, for a stay exceeding three months the persons referred to in paragraphs 2 and 3 shall before their departure obtain the visa from that country, through the diplomatic or consular representative of the country they wish to enter.
5. Each Government reserves the right to refuse to admit to its country any person not holding the documents required for entry or persons regarded as undesirable aliens or whose presence in the country is regarded as prejudicial to law and order or national security.
6. Except as herein provided, this Agreement shall not affect the laws and regulations in force in the Benelux States and Montenegro governing entry, length of stay, residence and expulsion and any form of occupation of aliens.
7. Each Government undertakes to readmit to its territory, at any time and without formalities, persons who entered the said territory under a valid national diplomatic or service passport issued by the Authorities of Belgium, Luxembourg, the Netherlands or Montenegro.
8. The Signatory Governments shall transmit through diplomatic specimens of their new or modified diplomatic channels or service passports, as also the particulars concerning the use of these passports, as far as possible, 60 days before their date of introduction.
9. This Agreement shall enter into force for one year on the first day of the second month from the date of the last notification confirming that all constitutional and legal requirements for its entry into force have been fulfilled. This Agreement shall be considered as extended for an unlimited period, unless it is denounced 30 days prior to the expiry of this period.
On the expiry of the first period of one year any Signatory Government may denounce this Agreement subject to 30 days' previous notice to the Belgian Government.
The denunciation by one of the Signatory Governments shall cause this Agreement to terminate.
The Belgian Government shall inform the other Signatory Governments of the receipt of such notifications as referred to in this paragraph, as also of the receipt of the communication referred to in this paragraph.
10. The application of this Agreement may be suspended by any Contracting Party. Suspension shall be notified immediately to the Belgian Government through diplomatic channels. The Belgian Government shall inform the other Signatory Governments of the receipt of such notification. The same procedure shall be adopted when the suspension is lifted.
11. As regards the Kingdom of the Netherlands the application of this Agreement may be extended to the Netherlands Antilles and to Aruba by notification addressd by the Government of the Kingdom of the Netherlands to the Government of Montenegro.
If the Government of Montenegro is prepared to conclude with the Governments of the Benelux States an Agreement on the foregoing provisions, we have the honour to propose to Your Excellency that this Note and Your Excellency's Note with a similar content in reply to each of us, shall constitute the Agreement between the Benelux States and Montenegro on the abolition of visa with regard to diplomatic and service passports. »
I have the honour to inform Your Excellency that the Government of the Republic of Montenegro if agreeable to the proposal contained in the letter above and that the said letter and my letter with a similar content in reply to the Plenipotentiary of the Grand Duchy of Luxembourg and to the Plenipotentiary of the Kingdom of the Netherlands shall constitute an Agreement between the Government of the Republic of Montenegro, on the one hand, and the Governments of the Benelux States,
Please accept, Excellency, the assurances of my highest consideration.
On behalf of the Government of the Republic of Montenegro
Minister of Foreign Affairs
H.E. Mr. Milan Rocen

Agreement between the Governments of the Benelux States and the Government of Montenegro on the removal of the travel visa requirement for holders of a diplomatic or service passport
Brussels, 21 December 2006.
Minister,
We have the honour to inform Your Excellency that the Governments of the Benelux States, acting in concert under the Convention between the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands concerning the transfer of control of persons to the outer borders of the territory of Benelux, signed in Brussels on 11 April 1960, are prepared to conclude with the Government of Montenegro an Agreement concerning the abolition of the obligation of visas
1. Under this Agreement:
- by "the Benelux States": the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;
- by the "Benelux Territory": all the territories in Europe, the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands.
2. Nationals of Montenegro who hold a valid diplomatic passport or national service may, for a stay of up to three months, enter the Benelux territory without a visa, under the sole cover of this passport.
3. Nationals of the Benelux States who hold a valid diplomatic passport or national service may, for a stay of up to three months, enter without a visa in the territory of Montenegro, under the sole cover of this passport.
4. With the exception of officials of diplomatic and consular representations, as well as officials from international organizations, designated to serve in one of the countries of the signatory Governments, the persons referred to in paragraphs 2 and 3 shall, for a stay of more than three months, have obtained the visa, before their departure, to the intervention of the diplomatic or consular representative of the country where they wish to visit.
5. Each Government reserves the right to refuse its country's access to persons who do not have the required entry documents or who are reported to be undesirable or considered to compromise public peace, public order or national security.
6. Except for the above provisions, the laws and regulations in force in the Benelux States and Montenegro concerning access to the territory, residence, establishment and removal of aliens, as well as the exercise of an activity, remain applicable.
7. Each Government undertakes to re-enter on its territory at any time and without formality the persons who have entered this territory under the cover of a valid diplomatic passport or national service, issued by the Belgian, Luxembourg, Dutch or Montenegrinian authorities.
8. The signatory Governments transmit diplomatically the specimens of their new or modified diplomatic passports and service, as well as the data concerning the use of these passports, to the extent possible, 60 days before their circulation.
9. This Agreement shall enter into force on the first day of the second month following the date of the last notification attesting to the completion of all constitutional and legal formalities for its entry into force for a period of one year. If it has not been denounced 30 days before the end of this period, the Agreement will be considered extended for an indefinite period.
Upon the expiration of the first one-year period, each of the signatory Governments may denounce it on a 30-day notice to the Government of Belgium.
The denunciation by one of the signatory Governments will result in the repeal of the Agreement.
The Government of Belgium shall notify the other signatory Governments of the receipt of the notifications referred to in this paragraph and the communication referred to in that paragraph.
10. The application of this Agreement may be suspended by either of the Contracting Parties.
The suspension should be notified immediately through diplomatic channels to the Belgian Government. The Government will notify other signatory Governments of the receipt of this notification. The same shall be done as soon as the measure in question is lifted.
11. With regard to the Kingdom of the Netherlands the application of this Agreement may be extended to the Netherlands Antilles and to Aruba by a notification from the Government of the Netherlands to the Government of Montenegro.
If the Government of Montenegro is prepared to conclude with the Governments of the Benelux States an Agreement concerning the above-mentioned provisions, we have the honour to propose to Your Excellency that this letter and that of similar content, which Your Excellency may wish to address to each of us, constitute the Agreement on the Suppression of the Obligation of Visa concerning Diplomatic and Service Passports between Montenegro and the States of Benelux.
We take this opportunity, Excellency, to renew to Your Excellency the assurances of our highest consideration.

Agreement between the Governments of the Benelux States and the Government of Montenegro on the abolition of visas for holders of a diplomatic or service passport
Brusssels, 21 December 2006.
Excellency,
We have the honour to communicate to Your Excellency that the Governments of the Benelux States acting jointly under the Agreement between the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands signed at Brussels on 11 April 1960 concerning the transfer of immigration control to the outer frontiers of Benelux, are prepared to conclude with the Government of Montenegro an Agreement on the abolition of visas for diplomatic and service passports, which reads as follows:
1. In this Agreement,
- the term " Benelux States" shall mean : the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;
- the term « Benelux territory « shall mean : the joint territories in Europe of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands.
2. Nationals of Montenegro who are holders of a valid national diplomatic or service passport may enter the Benelux territory without a visa and stay for a period not exceeding three months under this passport only.
3. Nationals of the Benelux countries who are holders of a valid national diplomatic or service passport may enter the territory of Montenegro without a visa and stay for a period not exceeding three months under this passport only.
4. With the exception of the agents of diplomatic and consular representations as also the agents of international organisations, designated for the exercise of functions in any country of the Signatory Governments, for a stay exceeding three months the persons referred to in paragraphs 2 and 3 shall before their departure obtain the visa from that country, through the diplomatic or consular representative of the country they wish to enter.
5. Each Government reserves the right to refuse to admit to its country any person not holding the documents required for entry or persons regarded as undesirable aliens or whose presence in the country is regarded as prejudicial to law and order or national security.
6. Except as herein provided, this Agreement shall not affect the laws and regulations in force in the Benelux States and Montenegro governing entry, length of stay, residence and expulsion and any form of occupation of aliens.
7. Each Government undertakes to readmit to its territory, at any time and without formalities, persons who entered the said territory under a valid national diplomatic or service passport issued by the Authorities of Belgium, Luxembourg, the Netherlands or Montenegro.
8. The Signatory Governments shall transmit through diplomatic specimens of their new or modified diplomatic channels or service passports, as also the particulars concerning the use of these passports, as far as possible, 60 days before their date of introduction.
9. This Agreement shall enter into force for one year on the first day of the second month from the date of the last notification confirming that all constitutional and legal requirements for its entry into force have been fulfilled. This Agreement shall be considered as extended for an unlimited period, unless it is denounced 30 days prior to the expiry of this period.
On the expiry of the first period of one year any Signatory Government may denounce this Agreement subject to 30 days' previous notice to the Belgian Government.
The denunciation by one of the Signatory Governments shall cause this Agreement to terminate.
The Belgian Government shall inform the other Signatory Governments of the receipt of such notifications as referred to in this paragraph, as also of the receipt of the communication referred to in this paragraph.
10. The application of this Agreement may be suspended by any Contracting Party. Suspension shall be notified immediately to the Belgian Government through diplomatic channels. The Belgian Government shall inform the other Signatory Governments of the receipt of such notification. The same procedure shall be adopted when the suspension is lifted.
11. As regards the Kingdom of the Netherlands the application of this Agreement may be extended to the Netherlands Antilles and to Aruba by notification addressd by the Government of the Kingdom of the Netherlands to the Government of Montenegro.
If the Government of Montenegro is prepared to conclude with the Governments of the Benelux States an Agreement on the foregoing provisions, we have the honour to propose to Your Excellency that this Note and Your Excellency's Note with a similar content in reply to each of us, shall constitute the Agreement between the Benelux States and Montenegro on the abolition of visa with regard to diplomatic and service passports.
We avail ourselves of the opportunity to renew to Your Excellency the assurances of our highest consideration.

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