17 OCTOBER 2006. - An Act to approve the Agreement between the Kingdom of Belgium and Canada on the Exercise of For-profit Activities by Members of the Family of Diplomatic and Consular Staff, signed in Brussels on April 29, 2005 (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 Agreement between the Kingdom of Belgium and Canada on the Exercise of For-Profit Activities by Members of the Family of Diplomatic and Consular Staff, signed in Brussels on April 29, 2005, will come out its full and full effect.
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 17 October 2006.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of Justice,
Ms. L. ONKELINX
Minister of Finance,
D. REYNDERS
The Minister of the Interior,
P. DEWAEL
Minister of Social Affairs,
R. DEMOTTE
Minister of Average Class,
Mrs. S. LARUELLE
Minister of Employment,
P. VANVELTHOVEN
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2005-2006.
Senate.
Documents.
Bill tabled on 16 May 2006, No. 3-1718/1.
Report, no. 3-1718/2.
Annales parliamentarians.
Discussion, meeting of 6 July 2006.
Voting, meeting of 6 July 2006.
Room.
Documents.
Project transmitted by the Senate, No. 51-2607/1.
Text adopted in plenary and subject to Royal Assent, No. 51-2607/2.
Annales parliamentarians.
Discussion, meeting of 13 July 2006.
Voting, meeting of 13 July 2006.
(2) In accordance with Article 6, this Agreement shall enter into force on 1^er December 2006.

Agreement between the Kingdom of Belgium and Canada on the exercise of for-profit activities by family members of diplomatic and consular staff
The Kingdom of Belgium
and
Canada,
"Parties",
Desirous of entering into an agreement to facilitate the exercise of for-profit activities by certain members of the family of personnel of the sending State missions or the consular posts of the sending State in the territory of the host State,
agreed that:
Scope of the Agreement
Article 1^er
1. Permitted, on the basis of reciprocity, to carry out a for-profit activity in the host State:
(a) the spouse, as well as single 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 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. Unless the host State decides otherwise, the authorization shall not be granted to that of the beneficiaries who, after accepting paid employment, ceases to be part of the family of the staff referred to in paragraph 1 of this article.
4. 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).
Procedures
Article 2
1. Before one of the persons referred to in Article 1 is able to carry out a for-profit activity in the host State, the embassy of the sending State will submit an official request for this purpose, respectively, to the direction of the protocol of the Ministry of Foreign Affairs and International Trade of Canada or to the direction of the protocol of the Belgian Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation. After verifying that the person in question belongs to the categories defined in this Agreement, and having completed the necessary formalities, the protocol management will inform the Embassy without delay and officially that the person concerned is authorized to carry out a for-profit activity, subject to the applicable regulations of the host State.
2. 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.
3. No restrictions will apply to the type of employment that may be occupied. It is understood, however, that persons who are granted the authorization must meet the conditions for the practice of professions requiring specific qualifications of competence. In addition, these people may be denied access to jobs that, for security reasons, only nationals of the host State may occupy.
Civil and administrative privileges and immunities
Article 3
1. 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 does not apply to acts arising from the exercise of the activity for profit and returning to the scope of civil or administrative law of the host State.
2. Similarly, the execution of any judicial decision in relation to such acts is authorized provided that it does not affect the inviolability of the domicile in accordance with Article 30 of the Vienna Convention on Diplomatic Relations.
Immunity in criminal matters
Article 4
1. 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 above-mentioned Vienna Conventions or any other international instrument, the sending State will consider favourably any request of the receiving State to lift the immunity of jurisdiction enjoyed by the beneficiary for any act or omission arising out of the exercise of the profit activity.
2. This means that such a request will be taken into consideration by the sending State with the presumption that immunity in criminal matters will be lifted, and that the application will be refused only if a particular reason exists not to lift this immunity.
3. Such a waiver of immunity from criminal jurisdiction will not be 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 seriously consider the request of the host State.
Tax and social security schemes
Article 5
In accordance with the provisions of the Vienna Conventions on Diplomatic and Consular Relations or under any other applicable international instrument, the beneficiaries of the authorization to carry out a for-profit activity are subject to the tax and social security regimes of the host State for all matters related to the exercise of that activity in that State.
Final provisions
Article 6
1. Each Party shall notify the other Party through diplomatic channels that the internal formalities required for the entry into force of this Agreement have been completed. This Agreement comes into force on the first day of the second month following the date of the last notification.
2. This Agreement shall remain in force for an indefinite period, each Party that may terminate it at any time, subject to a written notice of three months to the other Party.
3. Parties may amend this Agreement by mutual consent in accordance with their domestic legal procedures.
Settlement of disputes
Article 7
Parties undertake to resolve any dispute relating to the interpretation or application of this Agreement by diplomatic means or in any other manner agreed by the Parties.
In faith, the undersigned representatives, duly authorized by their respective Governments, have signed this Agreement.
Made in two originals in Brussels, this 29th day of April 2005, each in French, English and Dutch languages, all versions equally authentic.