17 OCTOBER 2006. - An Act to approve the Agreement between the Kingdom of Belgium and Australia on the Exercise of For-profit Activities by Certain Members of the Family of Diplomatic and Consular Staff, signed in Sydney on November 19, 2002, and the Exchange of Notes, dated April 4, 2005 and August 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 Australia on the exercise of for-profit activities by certain members of the family of diplomatic and consular personnel, signed in Sydney on November 19, 2002, and the exchange of notes, dated April 4, 2005 and August 29, 2005, will come out their 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
____
Note
(1) Session 2005-2006.
Senate.
Documents. - Bill tabled on 5 May 2006, No. 3-1700/1. - Report, number 3-1700/2.
Annales parliamentarians. - Discussion and voting. Session of 6 July 2006.
Room.
Documents. - Project transmitted by the Senate, No. 51-2605/1. - Text adopted in plenary and subject to Royal Assent, No. 51-2605/2.
Annales parliamentarians. - Discussion and voting. Session of July 13, 2006.
(2) These Acts come into force on November 25, 2006.
Agreement between the Kingdom of Belgium and Australia on the exercise of for-profit activities by certain members of the family of diplomatic and consular personnel
The Government of the Kingdom of Belgium,
and
The Government of Australia,
Desirous to conclude an agreement to facilitate the exercise of for-profit activities by certain members of the family of personnel of the sending State missions or of the consular posts of the sending State in the territory of the host State,
The following agreed:
Article 1^er
The Scope of the Agreement
1. Permitted, on the basis of reciprocity, to carry out a lucre activity in the host state:
(a) the spouse of diplomatic agents or other personnel of the mission of the sending State - as defined in Article 1^er Vienna Convention on Diplomatic Relations (1961) -
(i) the host State, or
(ii) possible international organizations in the host State;
(b) the spouse of consular officials or other members of the consular post of the same State, as defined in article 1 of the Vienna Convention on Consular Relations (1963);
(c) other family members who are part of the household of agents, officials and staff of the mission or consular post of the sending State, provided that the internal regulations of the host State permit it. The latter categories of beneficiaries will be defined, where appropriate, by a subsequent exchange of letters between the Parties to this Agreement.
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. 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 will not be granted to the recipients who, after having accepted paid employment, ceases to be part of the family of the persons 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 for authorization to carry out a for-profit activity is sent, on behalf of the beneficiary, by the embassy of the sending State to the ministry or public service of the receiving State that has foreign affairs in its powers.
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. Authorization to conduct 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 data that the individual is required to justify for the performance of his or her paid activity.
Article 3
Civil and administrative privileges and immunities
In the event that the beneficiary of the authorization to perform a for-profit activity has the immunity of 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, this immunity is 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 engage in a for-profit activity has the immunity of 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 shall 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 take the request of the receiving State seriously into consideration.
Article 5
Tax and social security schemes
In accordance with the provisions of the Vienna Conventions referred to above 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 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, subject to a written notice of six months to the other Party.
Article 7
Entry into force
This Agreement shall enter into force one month after the date of exchange of the last notification of the fulfilment of the required constitutional and legal procedures.
In faith, the undersigned representatives, duly authorized by their respective Governments, have signed this Agreement.
Done in Sydney on 19 November 2002 in two original copies, each in French, Dutch and English, all texts being equally authentic. The English language text will prevail in the event of a discrepancy of interpretation.
To the Embassy of Australia
The Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation presents its compliments to the Embassy of Australia and has the honour to refer to the Agreement between the Kingdom of Belgium and the Government of Australia on the exercise of for-profit activities by certain members of the family of diplomatic and consular personnel, signed in Sydney on November 19, 2002.
Article 1^er, § 1(c) of the Reciprocity Agreement provides that a subsequent exchange of letters shall specify the other members of the family that are part of the household of agents, officials and personnel of the mission or consular post of the sending State, who also benefit from the said agreement in accordance with the regulations of the receiving State.
In accordance with the existing Belgian domestic regulations, the Kingdom of Belgium states that the beneficiaries referred to in § 1(c) of Article 1^er are celibate children under the age of eighteen dependent on diplomatic agents or consular officials of the sending State as defined in article 1 of the Vienna Conventions on Diplomatic and Consular Relations of 1961 and 1963.
The Federal Public Service for Foreign Affairs, Foreign Trade and Development Cooperation has the honour to propose that this note and the response of the Australian Embassy constitutes an interpretation agreement under the heading.
The Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation takes the opportunity to renew to the Embassy of Australia the assurance of its highest consideration.
Done in Brussels on 4 April 2005.
Note No. 99/205
The Embassy of Australia presents its compliments to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium and has the honour to refer to the Agreement between Australia and the Kingdom of Belgium on the exercise of for-profit activities by certain members of the family of diplomatic and consular personnel, signed in Sydney on November 19, 2002.
In addition, the Embassy of Australia has the honour to acknowledge receipt to the Federal Public Service for Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium of its note of 4 April 2005. The text of the note is attached to this document.
The Embassy of Australia has the honour to confirm the proposals made in the 4th of April, as attached.
The Australian Embassy takes the opportunity to renew to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation the assurance of its highest consideration.
Done in Brussels on 29 August 2005.