Posted the: 2006-12-06 Numac: 2006015155 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE October 17, 2006. -Law concerning consent to the agreement between the Kingdom of Belgium and the Canada on the pursuit of profit by members of the family of members of the diplomatic staff and consular, signed in Brussels on 29 April 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.
2. the agreement between the Kingdom of Belgium and the Canada on the pursuit of profit by members of the family of members of the diplomatic and consular staff, signed in Brussels on 29 April 2005, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on 17 October 2006.
ALBERT by the King: Foreign Minister K. DE GUCHT. the Minister of Justice, Ms. L. ONKELINX. the Minister of finance, D. REYNDERS the Minister of the Interior, P. DEWAEL the Minister of Social Affairs, R. DEMOTTE the Minister of Middle Classes, Ms. S. LARUELLE Minister of employment, P. VANVELTHOVEN sealed with the seal of the State: the Minister of Justice , Mrs L.
ONKELINX _ Notes (1) Session 2005-2006.
Bill tabled on May 16, 2006, no. 3 - 1718/1.
Report, no. 3-1718/2.
Discussion, meeting of July 6, 2006.
Vote, meeting of July 6, 2006.
Draft transmitted by the Senate, no. 51-2607/1.
Text adopted in plenary meeting and submitted to the Royal assent, no. 51-2607/2.
Discussion, July 13, 2006 meeting.
Vote, July 13, 2006 meeting.
(2) pursuant to article 6, this agreement enters into force on December 1, 2006.
Agreement between the Kingdom of Belgium and the Canada on the pursuit of profit by members of the family of members of the diplomatic and consular personnel the Kingdom of Belgium and the Canada hereinafter: "the Parties", desiring to conclude an agreement to facilitate the pursuit of profit by some members of the family of members of the staff of the missions of the State of dispatch or consular posts of the latter on the territory of the host State , have agreed to the following: scope of the Agreement Article 1 1.
Are allowed to operate for-profit in the host State on reciprocal basis,: a) the spouse, and unmarried children under 18 years of age dependant, diplomatic agents or consular officers of the sending State accredited to: i) of the host State, or ii) of 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. the authorisation to carry on a business for profit 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 otherwise decided by the host State, permission will not be granted to those beneficiaries who, after accepting a job paid, ceases to be part of the family of the staff referred to in paragraph 1 of this article.
4. the authorisation takes effect during the period of employment of the 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 host State, and ceases its effects at the end of this assignment (or a reasonable time after this date).
Procedures Article 2 1. Before that one of the persons referred to in article 1 may carry on business for profit in the host State, Embassy of the sending State will present a formal request to this effect, respectively, to the direction of the Protocol of the Ministry of Foreign Affairs and international trade in the Canada or branch of the public Service Protocol Belgian federal Foreign Affairs, foreign trade and Development Cooperation. After verifying that the person in question belongs to the categories defined in this agreement, and completing the necessary formalities, the Protocol Directorate will inform without delay and officially the Embassy that the person concerned is authorized to engage in activities for profit, subject to applicable regulations of the host State.
2. the procedures 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.
3. no restrictions apply to the type of employment which may be occupied. It is, however, understood that persons in receipt of the authorization must meet the conditions for the exercise of professions requiring specific credential. In addition, such persons may be denied access to the jobs that, for safety reasons, only nationals of the host State can take.
Privileges and immunities in civil and administrative matters Article 3 1. In the event that the beneficiary of the authorization to carry on a business for profit would have immunity from civil and administrative jurisdiction in the receiving State, under the provisions of the Vienna Conventions on diplomatic and consular relations or any other applicable international instrument, this immunity does not apply acts arising from the exercise of the activity for profit and fall within the scope of civil or administrative of the host State law.
2. Similarly, the execution of any judicial decision handed down 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 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, the sending State will favourably consider any request of the receiving State to lift the immunity from jurisdiction enjoyed by the beneficiary for any act or omission arising from the exercise of the activity for profit.
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 well exercised, and that the application will be the subject of a refusal if a reason exists not to waive this immunity.
3. a such waiver of immunity from criminal jurisdiction will not be considered as extending to immunity from execution of the judicial decision, immunity for which a specific lift should be required. In the case of one such specific request, the sending State will seriously consider the request of the receiving State.
Tax and social security Article 5 in accordance with the provisions of the Vienna Conventions on diplomatic and consular relations or by virtue of any other international instrument applicable schemes, beneficiaries of permission to engage in an activity for profit are subject to plans tax and social security of the host State for everything that relates to the exercise of this activity in that State.
Final provisions Article 6 1. Each Party shall notify the other party, through diplomatic channels, that the internal procedures required for the entry into force of this agreement have been completed. This agreement shall enter into force 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 of the Parties can terminate at any time upon three addressed months written notice to the other party.
3. the Parties may amend this agreement by mutual consent, in accordance with their domestic legal procedures.
Settlement of disputes Article 7 the Parties shall resolve any dispute concerning the interpretation or application of this agreement through the diplomatic channel or by any other manner agreed by the Parties.
In witness whereof, the undersigned representatives, duly authorized by their respective Governments, have signed this agreement.
Done in two originals at Brussels, this 29th day of April 2005, each in French, English and Dutch, all versions being equally authentic.