Law Approving The Agreement Between The Kingdom Of Belgium And The United States Of America On The Pursuit Of Profit By Some Members Of The Family Of Members Of The Diplomatic And Consular Staff, Concluded By Exchange Of Notes Dated

Original Language Title: Loi portant assentiment à l'Accord entre le Royaume de Belgique et les Etats-Unis d'Amérique sur l'exercice d'activités à but lucratif par certains membres de la famille de membres du personnel diplomatique et consulaire, conclu par échange de notes datée

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Posted the: 2006-05-03 Numac: 2006015063 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE March 27, 2006. -Law on consent to the agreement between the Kingdom of Belgium and the United States of America on the pursuit of profit by some members of the family of members of the diplomatic and consular staff, concluded by Exchange of notes dated February 19, 2004 in Brussels, and on 18 March 2004 (1) (2) ALBERT II, King of the Belgians, all, present and future Hello.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the agreement between the Kingdom of Belgium and the United States of America on the pursuit of profit by some members of the family of members of the diplomatic and consular staff, concluded by Exchange of notes dated Brussels 19 February 2004 and March 18, 2004, 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 27 March 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 , Ms. L. ONKELINX _ Notes (1) Session 2005 - 2006 Senate Documents. -Bill tabled February 16, 2006, no. 3 - 1573/1.
-Report, n ° 3-1573/2.
Parliamentary Annals. -Discussion and vote. Meeting of March 16, 2006.
House of representatives Documents. -Draft transmitted by the Senate, no. 51-2351/1. -Text adopted in plenary and subject to Royal assent, meeting No. 51-2351/2.
Parliamentary Annals. -Discussion and vote. Meeting of March 23, 2006.
(2) pursuant to article 7, this agreement enters into force as of June 1, 2006.

The Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium presents his compliments to the Embassy of The United States of America and has the honour to propose the conclusion of an Agreement between the Kingdom of Belgium and the Government of the United States of America, which aims to facilitate, on a reciprocal basis , the gainful occupation of certain family members of staff of diplomatic missions from the sending State or of consular posts of the latter on the territory of the receiving State.
The Embassy of the United States of America will find the provisions of this Agreement enclosed with this note: Agreement between the Kingdom of Belgium and the United States of America on the gainful occupation of certain dependents of diplomatic and consular staff ARTICLE 1 Scope of the Agreement 1. On a reciprocal basis, the following individuals are authorized to engage in gainful occupation in the receiving state: a) the spouse and unmarried dependent children up to eighteen years of a diplomatic agent or of a consular officer of the sending State accredited to (i) the receiving State, or (ii) any international organization in the receiving State; and b) the spouse of other members of the staff of the missions or consular posts of the sending State.
c) The terms "diplomatic agent", "consular officer" and «member of the staff» in this Article, including such individuals serving in missions to international organizations, are defined in Article 1 of the Vienna Convention on Diplomatic Relations (1961) and the Vienna Convention on Consular Relations (1963).
2 Authorization to engage in a gainful occupation is provided by the authorities of the receiving State in accordance with the laws and regulations in force in this State and subject to the provisions of this Agreement. In case of conflict, this Agreement governs.
3 Except as provided in Art.1.5. (below), authorization to engage in gainful occupation in the receiving State is provided only during the period in which the diplomatic agent, consular officer or other staff are assigned to the diplomatic mission or consular post of the sending State and, at the receiving State's discretion, for a reasonable period after the conclusion of such assignment.
4. individuals authorized to engage in gainful occupation in the receiving State per Art.1.1 - 1.3 are termed "beneficiaries" in this Agreement.
5 Unless the receiving State decides otherwise, authorization shall not be given to those beneficiaries who, having engaged in a gainful occupation, cease to form part of the household of the diplomatic agent, consular officer or other member of the staff described in above paragraph 1 of this Article.
SECTION 2 Procedures 1. All requests for authorization to engage in a gainful occupation shall be sent, on behalf of the beneficiary by the Embassy of Belgium to the Office of Protocol in the U.S. Department of State gold by the Embassy of the United States to the Protocol Division of the Belgian Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation accordingly.
Upon verification that the person is a beneficiary as defined by Article 1, and the subsequent processing of the request for employment authorization, the receiving State shall inform the Embassy of the sending State that the individual is eligible for gainful occupation.
2 The procedures followed shall be applied in a manner that will permit the beneficiary to engage in a gainful occupation as soon as possible; all requirements relating to work permits and any other similar formalities shall be applied favorably.
3 Authorization for the beneficiary to engage in a gainful occupation shall not imply exemption from any legal or other requirements relating to personal characteristics, professional or other qualifications that the individual concerned must demonstrate to engage in such occupation.
ARTICLE 3 Civil and administrative privileges and immunities In cases where the beneficiary enjoys immunity from the civil and administrative jurisdiction of the receiving State, in accordance with the provisions of the Vienna Conventions on diplomatic relations, of the Vienna Convention on consular relations or of any other applicable international instrument, such beneficiary enjoys no. immunity in an action relating to any professional commercial gold activity exercised by the beneficiary in the receiving State. Similarly, execution of judgments related to such actions are authorized to the extent they can be taken without infringing the inviolability of the beneficiary or the beneficiary's official residence.
ARTICLE 4 Criminal Immunity In cases where a beneficiary enjoys immunity from the criminal jurisdiction of the receiving State, in accordance with the provisions of the Vienna Conventions referenced above or of any other applicable international instrument: a) The sending State shall favorably consider any request from the receiving State for the waiver of the criminal immunity enjoyed by the beneficiary of the authorization granted by the receiving State in respect of any act or omission arising from gainful occupation. This means that a request will be considered by the sending State with the presumption that criminal immunity will be waived, and the request will be refused only if a specific reason exists not to waive.
(b) A waiver of immunity from criminal jurisdiction provided by Article 4 (a) shall not be construed as extending to immunity from execution of the sentences, for which a specific waiver will be required. The sending State shall give serious consideration to such a request from the receiving State.
ARTICLE 5 Taxation and social security regimes In accordance with the provisions of the Vienna Conventions referenced above or of any other applicable international instrument, beneficiaries shall be subject to the taxation and social security regimes of the receiving State for all matters connected with their gainful occupation in that State.
ARTICLE 6 Duration and termination This Agreement shall remain in force for an indefinite period, either Party being able to terminate it at any time by providing three months notice in writing to the other Party.
ARTICLE 7 Entry into Force This Agreement shall enter into force on the first day of the second month following the date of exchange of the last notification of the completion of all necessary constitutional and legal procedures.
The Kingdom of Belgium further proposed that, if these provisions are acceptable to the Government of The United States of America, this note and its enclosure, together with the Government of the United State of America's affirmative reply, shall constitute an Agreement between our two Governments which shall enter into force according to article 7 of the enclosed provisions.
The Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation avails itself of this opportunity to extend to the Embassy of the United States of America the renewed assurances of its highest consideration.
February 19, 2004.

EMB 2004-035 The Embassy of the United States of America presents its compliments to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium and has the honor to refer to the Federal Public Service's Note No.. 9529-PD-J3 of February 19, 2004, which proposed the conclusion of an Agreement between the Kingdom of Belgium and the Government of the United States of America, which aims to facilitate, on a reciprocal basis, the gainful occupation of certain family members of personnel of diplomatic missions from the sending State or of consular posts of the latter on the territory of the receiving State.
The

Embassy of the United States chartered to the provisions of the Agreement proposed by the Federal Public Service foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium as follows: Agreement between the Kingdom of Belgium and the United States of America on the gainful occupation of certain dependents of diplomatic and consular staff ARTICLE 1 Scope of the Agreement 1.
On a reciprocal basis, the following individuals are authorized to engage in gainful occupation in the receiving state: a) the spouse and unmarried dependent children up to eighteen years of a diplomatic agent or of a consular officer of the sending State accredited to (i) the receiving State, or (ii) any international organization in the receiving State; and b) the spouse of other members of the staff of the missions or consular posts of the sending State.
c) The terms "diplomatic agent", "consular officer" and «member of the staff» in this Article, including such individuals serving in missions to international organizations, are defined in Article 1 of the Vienna Convention on Diplomatic Relations (1961) and the Vienna Convention on Consular Relations (1963).

2 Authorization to engage in a gainful occupation is provided by the authorities of the receiving State in accordance with the laws and regulations in force in this State and subject to the provisions of this Agreement. In case of conflict, this Agreement governs.
3 Except as provided in Art.1.5.
(below), authorization to engage in gainful occupation in the receiving State is provided only during the period in which the diplomatic agent, consular officer or other staff are assigned to the diplomatic mission or consular post of the sending State and, at the receiving State's discretion, for a reasonable period after the conclusion of such assignment.
4. individuals authorized to engage in gainful occupation in the receiving State per Art.1.1 - 1.3 are termed "beneficiaries" in this Agreement.
5 Unless the receiving State decides otherwise, authorization shall not be given to those beneficiaries who, having engaged in a gainful occupation, cease to form part of the household of the diplomatic agent, consular officer or other member of the staff described in above paragraph 1 of this Article.
SECTION 2 Procedures 1. All requests for authorization to engage in a gainful occupation shall be sent, on behalf of the beneficiary by the Embassy of Belgium to the Office of Protocol in the U.S.
Department of State or by the Embassy of the United States to the Protocol Division of the Belgian Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation accordingly.
Upon verification that the person is a beneficiary as defined by Article 1, and the subsequent processing of the request for employment authorization, the receiving State shall inform the Embassy of the sending State that the individual is eligible for gainful occupation.
2 The procedures followed shall be applied in a manner that will permit the beneficiary to engage in a gainful occupation as soon as possible; all requirements relating to work permits and any other similar formalities shall be applied favourably.
3 Authorization for the beneficiary to engage in a gainful occupation shall not imply exemption from any legal or other requirements relating to personal characteristics, professional or other qualifications that the individual concerned must demonstrate to engage in such occupation.
ARTICLE 3 Civil and administrative privileges and immunities In cases where the beneficiary enjoys immunity from the civil and administrative jurisdiction of the receiving State, in accordance with the provisions of the Vienna Conventions on diplomatic relations, of the Vienna Convention on consular relations or of any other applicable international instrument, such beneficiary enjoys no. immunity in an action relating to any professional commercial gold activity exercised by the beneficiary in the receiving State. Similarly, execution of judgments related to such actions are authorized to the extent they can be taken without infringing the inviolability of the beneficiary or the beneficiary's official residence.
ARTICLE 4 Criminal Immunity In cases where a beneficiary enjoys immunity from the criminal jurisdiction of the receiving State, in accordance with the provisions of the Vienna Conventions referenced above or of any other applicable international instrument: a) The sending State shall favourably consider any request from the receiving State for the waiver of the criminal immunity enjoyed by the beneficiary of the authorization granted by the receiving State in respect of any act or omission arising from gainful occupation. This means that a request will be considered by the sending State with the presumption that criminal immunity will be waived, and the request will be refused only if a specific reason exists not to waive.
(b) A waiver of immunity from criminal jurisdiction provided by Article 4 (a) shall not be construed as extending to immunity from execution of the sentences, for which a specific waiver will be required. The sending State shall give serious consideration to such a request from the receiving State.
ARTICLE 5 Taxation and social security regimes In accordance with the provisions of the Vienna Conventions referenced above or of any other applicable international instrument, beneficiaries shall be subject to the taxation and social security regimes of the receiving State for all matters connected with their gainful occupation in that State.
ARTICLE 6 Duration and termination This Agreement shall remain in force for an indefinite period, either Party being able to terminate it at any time by providing three months notice in writing to the other Party.
ARTICLE 7 Entry into Force This Agreement shall enter into force on the first day of the second month following the date of exchange of the last notification of the completion of all necessary constitutional and legal procedures.
The Embassy of the United States further agrees to the proposal of the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium that this Agreement shall enter into force after notification of the completion of all necessary constitutional and legal procedures, according to Article 7 above, and a final exchange of Diplomatic Notes has taken place.
The Embassy of the United States renews to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium the assurances of its highest consideration.
Embassy of the United States of America, March 18, 2004 agreement between the Kingdom of Belgium and the United States of America regarding the pursuit of profit by some members of the family of members of the diplomatic and consular personnel the Service public federal Foreign Affairs, external trade and Cooperation in the development of the Kingdom of Belgium presents its compliments to the Embassy of the United States of America and has the honour to propose the conclusion of an agreement between the Kingdom of Belgium and the The Government of the United States of America to facilitate the pursuit of profit by some members of the family of members of the staff of the diplomatic missions of the sending State or of consular posts on the territory of the host State on reciprocal basis.
Embassy of the United States of America contained the provisions of that agreement in the body of this note: agreement between the Kingdom of Belgium and the United States of America regarding the pursuit of profit by some members of the family of members of the diplomatic staff and consular section 1 scope of application of the agreement 1. Are allowed to operate for-profit in the host State on reciprocal basis: a) the spouse and unmarried children aged less than eighteen dependants of diplomatic agents or consular officers of the sending State accredited: (i) with the State of home, or (ii) from any international organization headquartered in the host State;
(b)) the spouse of the other members of the staff of missions or consular posts of the sending State.
(c) the terms "diplomatic agent", "consular officer" and "staff member" used in this article, including those of the abovementioned persons employed in missions to international organizations, are defined in section 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. In case of conflict, this Agreement shall prevail.
3. except in the cases provided for in section 1.5 below, permission to engage in an activity for profit in the host State only has effect during the period of assignment of diplomatic agents, consular officers, or members of other personnel from the diplomatic mission or consular post of the State of dispatch, and at the discretion of the host State, during a reasonable term of this assignment.
4. the persons authorized to operate for-profit in the host section 1.1 - 1.3 State are designated by the term 'beneficiaries' in the present agreement.
5. unless otherwise decided by the host State, permission will not be granted to the beneficiaries which, after

have accepted gainful employment, ceases to be part of the family of a diplomatic agent, consular officer or a member of a staff as referred to in paragraph 1 of this article.
SECTION 2 Procedures 1. Any application for permission to engage in an activity for profit is sent, on behalf of the beneficiary by the Belgium Embassy to the Protocol Service of the Department of State of the United States of America or by the Embassy of the United States of America in the direction of the public Service Protocol Belgian federal Foreign Affairs, foreign trade and Cooperation for development, as the case may be.
After verification that the person is a beneficiary within the meaning of the provisions of article 1, and after consideration of the application for authority to exercise a gainful activity, the Embassy of the sending State shall be informed by the receiving State that the person concerned can exercise an activity for profit.
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. the permission for the recipient to exercise an activity for profit will entail waiver to comply with legal requirements or other relating to personal data, professional qualifications or that the person concerned must justify to exercise such activity.
ARTICLE 3 Privileges and immunities in civil and administrative matters to the recipient enjoys immunity from civil and administrative jurisdiction in the receiving State, under the provisions of the Vienna Convention on diplomatic relations, the Vienna Convention on consular relations or other applicable international instruments, this immunity does not apply in the case of acts related to a business professional or business carried on by the recipient in the State hospitality.
Similarly, enforcement of judgments relating to such acts is allowed insofar as it can be done without infringing the inviolability of the beneficiary or the official residence of the beneficiary.
ARTICLE 4 immunity in criminal matters where the beneficiary enjoys immunity from jurisdiction in criminal matters in the host State, under the provisions of the Vienna Conventions mentioned above or any other international instrument: a) the sending State will consider sympathetically any request of the receiving State to obtain the lifting of the immunity from criminal jurisdiction enjoyed by the beneficiary of the authorization granted by the host State for any act or omission arising from the exercise of the activity profit. This means that an application will be considered by the sending State from the presumption that immunity in criminal matters will be lifted, and that the application will be rejected if there is a particular reason not to grant the waiver.
(b) a waiver of immunity from criminal jurisdiction granted under paragraph of article 4 (a) 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.
ARTICLE 5 plans tax and social security in accordance with the provisions of the above-mentioned Vienna Conventions or any other applicable international instrument, the beneficiaries will be subject to tax regimes and social security of the host State for everything that relates to the exercise of their activity for profit in this State.
ARTICLE 6 duration and termination 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.
ARTICLE 7 entry into force this Agreement shall enter into force the first day of the second month following the date of exchange of the last notification of the completion of the constitutional and legal procedures required.
The Kingdom of Belgium also proposes that, if these provisions are acceptable to the Government of the United States of America, this note, and the text is included, as well as the affirmative of the Government of the United States of America, shall constitute an agreement between our two Governments, which shall enter into force in accordance with article 7 provisions in question.
The federal public Service Foreign Affairs, foreign trade and Development Cooperation the opportunity to renew to the Embassy of the United States of America the assurance of its highest consideration.
19/02/2004 p 2004-035 the Embassy of United States of America present its compliments to the federal public Service Affairs foreign, foreign trade and Cooperation in the development of the Kingdom of Belgium and has the honour to refer to the note of the federal public Service n PD-J3-9529 of February 19, 2004, which proposed the conclusion of an agreement between the Kingdom of Belgium and the Government of the United States of America to facilitate on basis of reciprocity, the pursuit of profit by some members of the family of members of the staff of the diplomatic missions of the sending State or consular posts of the latter on the territory of the host State.
The Embassy of the United States of America agrees with the provisions of the agreement proposed by the Service public federal Foreign Affairs, foreign trade and Cooperation in the development of the Kingdom of Belgium, and whose content follows: agreement between the Kingdom of Belgium and the United States of America regarding the pursuit of profit by some members of the family of members of the diplomatic staff and consular section 1 scope of application of the agreement 1. Are allowed to operate for-profit in the host State on reciprocal basis: a) the spouse and unmarried children aged less than eighteen dependants of diplomatic agents or consular officers of the sending State accredited: (i) with the State of home, or (ii) from any international organization headquartered in the host State;
(b)) the spouse of the other members of the staff of missions or consular posts of the sending State.
(c) the terms "diplomatic agent", "consular officer" and "staff member" used in this article, including those of the abovementioned persons employed in missions to international organizations, are defined in section 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. In case of conflict, this Agreement shall prevail.
3. except in the cases provided for in section 1.5 below, permission to engage in an activity for profit in the host State only has effect during the period of assignment of diplomatic agents, consular officers, or members of other personnel from the diplomatic mission or consular post of the State of dispatch, and at the discretion of the host State, during a reasonable term of this assignment.
4. the persons authorized to operate for-profit in the host section 1.1 - 1.3 State are designated by the term 'beneficiaries' in the present agreement.
5. 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 a diplomatic agent, consular officer or a member of a staff as referred to in paragraph 1 of this article.
SECTION 2 Procedures 1.
Any application for permission to engage in an activity for profit is sent, on behalf of the beneficiary by the Embassy of Belgium in the Protocol Service of the Department of State of the United States of America or by the Embassy of the United States of America in the direction of the public Service Protocol Belgian federal Foreign Affairs, foreign trade and Cooperation for development, as the case may be.
After verification that the person is a beneficiary within the meaning of the provisions of article 1, and after consideration of the application for authority to exercise a gainful activity, the Embassy of the sending State shall be informed by the receiving State that the person concerned can exercise an activity for profit.
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. the permission for the recipient to exercise an activity for profit will entail waiver to comply with legal requirements or other relating to personal data, professional qualifications or that the person concerned must justify to exercise such activity.
ARTICLE 3 Privileges and immunities in civil and administrative matters to the recipient enjoys immunity from civil and administrative jurisdiction in the receiving State, by virtue

the provisions of the Vienna Convention on diplomatic relations, the Vienna Convention on consular relations or other applicable international instruments, this immunity does not apply in the case of actions relating to a professional activity or business carried on by the recipient in the host State.
Similarly, enforcement of judgments relating to such acts is allowed insofar as it can be done without infringing the inviolability of the beneficiary or the official residence of the beneficiary.
ARTICLE 4 immunity in criminal matters where the beneficiary enjoys immunity from jurisdiction in criminal matters in the host State, under the provisions of the Vienna Conventions mentioned above or any other international instrument: c) the sending State will consider sympathetically any request of the receiving State to obtain the lifting of the immunity from criminal jurisdiction enjoyed by the beneficiary of the authorization granted by the host State for any act or omission arising from the exercise of the activity profit. This means that an application will be considered by the sending State from the presumption that immunity in criminal matters will be lifted, and that the application will be rejected if there is a particular reason not to grant the waiver.
(d) a waiver of immunity from criminal jurisdiction granted under paragraph of article 4 (a) 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.
ARTICLE 5 plans tax and social security in accordance with the provisions of the above-mentioned Vienna Conventions or any other applicable international instrument, the beneficiaries will be subject to tax regimes and social security of the host State for everything that relates to the exercise of their activity for profit in this State.
ARTICLE 6 duration and termination 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.
ARTICLE 7 entry into force this Agreement shall enter into force the first day of the second month following the date of exchange of the last notification of the completion of the constitutional and legal procedures required.
The Embassy of the United States of America also accepts the proposal of public Service federal Foreign Affairs, foreign trade and Development Cooperation of the Kingdom of Belgium, namely, that this Agreement shall enter into force after notification of the completion of the constitutional and legislative procedures required in accordance with article 7 above, and after an exchange of diplomatic Notes.
The Embassy of the United States of America took the opportunity to renew the public service federal Foreign Affairs, foreign trade and Cooperation in the development of Kingdom of Belgium the assurance of its highest consideration.
Embassy of the United States of America, March 18, 2004.