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Law Approving The Headquarters Agreement Between The Kingdom Of Belgium And The Organization Of African Unity, Signed In Brussels On 9 October 1985 And The Exchanges Of Letters Of 9 October 1985 And June 29, 1998 Between The Kingdom Of Belgium And Orga...

Original Language Title: Loi portant assentiment à l'Accord de siège entre le Royaume de Belgique et l'Organisation de l'Unité africaine, signé à Bruxelles le 9 octobre 1985 et aux Echanges de lettres du 9 octobre 1985 et du 29 juin 1998 entre le Royaume de Belgique et l'Organisa

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21 FEBRUARY 2006. - An Act to approve the Headquarters Agreement between the Kingdom of Belgium and the Organization of African Unity, signed in Brussels on 9 October 1985 and the Exchanges of Letters of 9 October 1985 and 29 June 1998 between the Kingdom of Belgium and the Organization of African Unity (1) (2) (3)



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 Constitution.
Art. 2. The Headquarters Agreement between the Kingdom of Belgium and the Organization of African Unity, signed in Brussels on 9 October 1985 and the Exchanges of Letters of 9 October 1985 and 29 June 1998 between the Kingdom of Belgium and the Organization of African Unity, will emerge their full and full effect.
Art. 3. This Act produces its effects on October 9, 1985.
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 21 February 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 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 11 October 2005, No. 3-1374/1. - Report, no. 3-1374/2. Text adopted by the Commission.
Annales parlementaire . - Discussion, meeting on 24 November 2005. - Vote, meeting of 24 November 2005.
House of Representatives
Documents. - Project transmitted by the Senate, No. 51-2122/1. Report. - Text adopted in plenary and subject to Royal Assent, No. 51-2122/2.
Annales parliamentarians. - Discussion, meeting of January 12, 2006. - Vote, meeting of 12 January 2006.
(2) These acts come into force on 14 June 2006.
(3) Current name of the organization: African Union.
Current Name of Organization Office: Permanent Mission.

Headquarters Agreement between the Kingdom of Belgium and the Organization of African Unity
The Kingdom of Belgium, hereafter referred to as "Belgium" and the Organization of African Unity, established by Charter made in Addis Ababa on 25 May 1963, hereafter referred to as "Organization",
Noting that the Council of Ministers of the Organization expressed, by its Resolution CM/Res. 746 (XXXIII) during its 33e ordinary session in Monrovia from 6 to 20 July 1979, the desire to establish a permanent Bureau of the Organization in Brussels,
Considering that the objectives of the Organization are to promote international cooperation with due regard to the Charter of the United Nations and the Universal Declaration of Human Rights,
Desirous of entering into an Agreement to allow the Organization to open a permanent office in Belgium and to specify the regime of privileges, immunities and facilities necessary for the exercise of the functions of that office,
Designated for this purpose, as their representatives:
Belgium:
Mr. L. TINDEMANS, Ministre des Relations extérieures;
The Organization:
Mr. L. BUZINGO, Director of the Bureau of the Organization of African Unity in Brussels,
Who, after having exchanged their powers,
The following agreed:
CHAPTER Ier. Privileges and immunities of the Bureau
Article 1
The Office has the widest legal personality recognized to legal persons. In particular, it has the capacity to contract, acquire and dispose of real estate and furniture and to prosecute.
Article 2
The assets and assets of the Office used exclusively for the performance of official duties, shall enjoy immunity from jurisdiction, except to the extent that the Office has expressly waived them in a particular case. A separate waiver is required for any enforcement action.
Article 3
The premises used exclusively for the performance of office functions are inviolable.
The consent of the Director of the Bureau is required for access to these premises. However, its consent is presumed to be acquired in the event of a fire or other disaster requiring immediate protection.
Belgium will take all appropriate measures to prevent the Bureau's premises from being invaded or damaged, the peace of the troubled Bureau or its diminished dignity.
Article 4
The Director ' s official residence has the same inviolability and protection as the office premises.
Article 5
The property and assets of the Office may not be subject to any form of requisition, confiscation, sequester or other form of seizure or constraint, even for national defence or public utility purposes.
However, if an expropriation was necessary for the same purposes, all appropriate arrangements would be made to prevent the Office from obstructing the performance of its functions and to ensure that it is paid fair and prior compensation.
Belgium will provide assistance to allow the Bureau to be installed or relocated.
Article 6
The Office's archives and, in general, all documents belonging to the Office, held by it or by one of its officials, are inviolable in any place they are.
Article 7
1. The Bureau may hold all currencies and have accounts in all currencies to the extent necessary for the execution of the transactions that meet its purpose.
2. Belgium undertakes to grant it the necessary authorizations to carry out, in accordance with the terms set out in the applicable national regulations and international agreements, all the movements of funds to which the Bureau's constitution and activity will take place.
Article 8
The Office, its assets, revenues and other assets are exempt from all direct taxes.
Article 9
Where the Office makes significant purchases of real property or furniture or performs important benefits, strictly necessary for the performance of its official activities and the cost of which includes indirect duties or taxes on sale, appropriate arrangements are made whenever possible for the remission or repayment of the amount of these duties and taxes.
Article 10
Without prejudice to the obligations that arise for Belgium of the Community provisions and the application of the legal or regulatory, prohibitive or restrictive provisions concerning public order or security, public health or morals, the Bureau may import in exemption any indirect taxes, any goods and publications intended for its official use.
Article 11
The Office is exempt from any indirect taxes on its official publications, which it provides for free distribution.
Article 12
Property belonging to the Bureau may not be disposed of in Belgium unless it is subject to conditions prescribed by Belgian laws and regulations.
Article 13
The Office will not request the exemption of taxes, taxes and fees that are just the remuneration of public utility services.
Article 14
Belgium guarantees the freedom of communication of the Bureau for its official purposes. The Bureau's correspondence is inviolable.
CHAPTER II. - Representatives of the States members of the Organization participating in the work of the Bureau
Article 15
Representatives of the States parties to the Charter of the Organization participating in the work of the Bureau, as well as their technical advisers and experts, shall enjoy, during the performance of their functions, privileges, immunities or ease of use.
CHAPTER III. - Status of the Director, Deputy Director and Officers
Article 16
Subject to the provisions of Article 17 of this Agreement, the Director and Deputy Director of the Office, together with their spouse and minor children living in their homes, shall be granted the immunities, privileges and facilities recognized to diplomatic staff.
The list of other officers of the Bureau who are granted the status set out in paragraph 1 of this article shall be decided periodically by mutual agreement between the parties to this Agreement, taking into account the official activities of the Bureau.
Article 17
1. The Director, the Deputy Director and officers of the Bureau shall be exempted from any tax on salaries, emoluments and allowances paid to them by the Organization from the day on which such income is subject to a tax for the benefit of that Organization.
2. However, Belgium has the right to consider such incomes to calculate the amount of tax payable on the taxable income of beneficiaries from other sources.
3. The exemption under this section does not apply to pensions and annuities paid by the Organization to its former directors, deputy directors and agents or their eligible persons.
Article 18
Officers of the Bureau:
(a) receive immunity from jurisdiction for acts performed in their official capacity, including their words and writings; immunity persists after the termination of their duties;
(b) enjoy inviolability for all official documents and documents;
(c) enjoy with family members living in their homes the same exceptions to immigration provisions as those generally recognized to staff of international organizations.
Article 19
Officers of the Bureau shall enjoy, with respect to currency or exchange regulations, facilities recognized to officials of international organizations.
Rule 20
Without prejudice to the obligations that arise for Belgium of the provisions of the Treaty establishing the European Economic Community and the application of the legal or regulatory provisions, officers of the Bureau shall enjoy the right, on the occasion of their first taking of office in Belgium, to import their furniture, including their motor vehicles, as well as their personal effects and the right, at the end of their duties in Belgium, to export the objects and effects in their possession free of the goods.
Article 21
The officers of the Bureau who do not carry out any other lucrative activity in Belgium than that resulting from their duties with the Bureau, as well as members of their families living in their homes and not exercising in Belgium any private occupation of a profit character, are not subject to Belgian legislation in the field of employment of foreign labour and in the field of the exercise by foreigners of independent professional activities.
The Bureau is required to notify the arrival and departure of such persons and, where appropriate, the date of termination of their duties; such persons shall be entitled to a special residence permit.
Article 22
1. In the area of social security, officers of the Bureau in Belgium who are neither nationals nor permanent residents of Belgium and do not exercise any occupation of a profit other than that required by their official functions may opt for the application of Belgian legislation.
2. This right of option can only be exercised once and within three months of taking office in Belgium.
3. With regard to persons who opted for the Belgian regime, the Bureau applied Belgian social security legislation.
4. With regard to persons who have declined the Belgian regime, the Bureau has a duty to ensure that they are effectively covered by an adequate social security regime and Belgium will be able to obtain the reimbursement of costs incurred by any social assistance.
Article 23
Belgium is not required to grant to its own permanent nationals or residents the benefits, privileges and immunities of this Agreement.
However, they will benefit from immunity from jurisdiction for acts performed in their official capacity, including their words and writings.
CHAPTER IV. - General provisions
Article 24
Privileges and immunities are granted to officers only in the Office's interest and not in their personal benefit. The Secretary General of the Organization has the right and duty to lift immunity in all cases where such immunity would hinder the action of justice and where it may be lifted without prejudice to the interests of the Office.
Rule 25
The persons referred to in Article 18 shall not enjoy immunity from jurisdiction in respect of cases of violation of regulations on the movement of motor vehicles or of damage caused by a motor vehicle.
Rule 26
The Bureau and Bureau agents in Belgium must comply with all obligations imposed by Belgian civil liability insurance laws and regulations for the use of any motor vehicle.
Rule 27
The provisions of paragraph 1er Article 5 of this Agreement shall not apply in the event that an investigation is necessary in an accident caused by an automobile belonging to the Bureau or circulating on its behalf or in the event of a violation of the regulation of motor traffic or accidents caused by such a vehicle.
Rule 28
The Director, the Deputy Director and officers of the Bureau will at any time cooperate with the competent Belgian authorities to facilitate the proper administration of justice, to ensure compliance with the police regulations and to avoid any abuse that may result in the privileges, immunities and facilities provided for in this Agreement.
Rule 29
The Bureau will deliver, before 1er March of each year, to all beneficiaries, a form specifying in addition to their name and address, the amount of salaries, emoluments, allowances, pensions or annuities paid to them in the previous year. With respect to salaries, emoluments and allowances that are taxable to the Organization, this form will also include the amount of this tax.
A double of the forms will be transmitted directly by the Bureau, before the same date, to the Ministry of Foreign Affairs, Foreign Trade and Development Cooperation.
Rule 30
The Bureau and its officers are required to comply with the provisions of this Agreement and with Belgian laws and regulations.
CHAPTER V. - Final provisions
Rule 31
This Agreement will be ratified by Belgium and approved by the Council of Ministers of the Organization of African Unity and the instruments will be exchanged in Brussels.
It will remain in effect either for the duration of the Bureau's establishment in Belgium, or until the expiry of one year from the date on which one of the Parties will notify the other of its intention to terminate it.
In faith, the undersigned signed this Agreement.
Done in Brussels on 9 October 1985, in two copies, in the French language, both texts being equally authentic.

Brussels, 9 October 1985.
Mr. Leo TINDEMANS
Minister of External Relations
Brussels
Mr. Minister,
At the time of signing the Headquarters Agreement between the Kingdom of Belgium and the Organization of African Unity, I have the honour to particularly draw your attention to the following:
The scope of Articles 17 and 29 of the Headquarters Agreement affects the sovereign character of the Organization of African Unity and could thus hinder the effective functioning of the Bureau established in Brussels. In addition, the salaries, emoluments and allowances referred to in Article 17, § 1er, of the Headquarters Agreement, and paid by the Organization of African Unity to the Director, Deputy Directors and Officers of the Bureau, already take into account the requirement for an internal tax.
I allow myself to insist that you look at these articles in order to find an adequate solution.
Taking into account the above elements, please, Mr. Minister, to defer the application of the relevant articles until a decision is made jointly.
I take this opportunity, Mr. Minister, to renew the assurance of my highest consideration.
L. BUZINGO
Director of the Bureau of the Organization of African Unity

Brussels, 9 October 1985.
Mr. L. BUZINGO
Director of the Bureau of the Organization of African Unity
Avenue de Cortenberg 66
1040 Brussels
Mr. Director,
I have the honour to acknowledge receipt of your letter of October 9, 1985, having the following content:
"At the time of signing the Headquarters Agreement between the Kingdom of Belgium and the Organization of African Unity, I have the honour to particularly draw your attention to the following:
The scope of Articles 17 and 29 of the Headquarters Agreement affects the sovereign character of the Organization of African Unity and could thus hinder the effective functioning of the Bureau established in Brussels. In addition, the salaries, emoluments and allowances referred to in Article 17, § 1er, of the Headquarters Agreement, and paid by the Organization of African Unity to the Director, Deputy Directors and Officers of the Bureau, already take into account the requirement for an internal tax.
I allow myself to insist that you look at these articles in order to find an adequate solution.
Taking into account the above elements, please, Mr. Minister, to defer the application of the relevant articles until a decision is made jointly. »
I have the honour to inform you that I agree with your request and that the problem raised will be examined with particular attention.
Please accept, Mr. Director, the assurance of my very high consideration.
L. TINDEMANS
Minister of External Relations

Brussels, 29 June 1998.
Mr. E. DERYCKE
Minister of Foreign Affairs
Rue des Petits Carmes 15
1000 Brussels
Mr. Minister,
At the time of introducing an internal tax system for staff of the Brussels office of the Organization of African Unity, I have the honour to provide you with the following details regarding the scope of Articles 17 and 29 of the Headquarters Agreement:
The Organization of African Unity certifies to pay its staff a net salary from its establishment in Belgium; the internal tax, set independently and sovereignly by the Organization of African Unity, is included in the resources of the Organization.
The Organization of African Unity undertakes to communicate to the Government of Belgium the internal tax system it has adopted, during the year following the ratification of the Headquarters Agreement.
If you can agree on this interpretation, this letter and your response will be an integral part of the Headquarters Agreement.
Please accept, Minister, the assurance of my highest consideration.
For the Organization of African Unity,
Wawa Ossay LEBA
Director

Brussels, 29 June 1998.
Mr. SALIM AHMED SALIM
Secretary General of the O.U.A.
Mr. Secretary-General,
I have the honour to acknowledge receipt of your letter dated 29 June 1998, which reads as follows:
"At the time of introducing an internal tax system for staff of the Brussels office of the Organization of African Unity, I have the honour to provide you with the following details regarding the scope of Articles 17 and 29 of the Headquarters Agreement:
The Organization of African Unity certifies to pay its staff a net salary from its establishment in Belgium; the internal tax, set independently and sovereignly by the Organization of African Unity, is included in the resources of the Organization.
The Organization of African Unity undertakes to communicate to the Government of Belgium the internal tax system it has adopted, during the year following the ratification of the Headquarters Agreement. »
I have the honour to inform you that I agree on this proposal and that your letter and response constitute an agreement that will be an integral part of the Headquarters Agreement.
I take this opportunity, Mr. Secretary-General, to renew the assurance of my highest consideration.
For the Minister of Foreign Affairs,
Hugo FONDER
Ambassador
ICHIC Chair