27 MARCH 2006. - An Act to approve the Agreement between the Kingdom of Belgium and the United States of America on the exercise of for-profit activities by certain members of the family of members of diplomatic and consular personnel, concluded by exchange of notes dated 19 February 2004 and 18 March 2004 (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 the United States of America on the exercise of for-profit activities by certain members of the family of diplomatic and consular personnel, concluded by exchange of notes dated 19 February 2004 and 18 March 2004, 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, 27 March 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 February 2006, No. 3-1573/1. - Report, number 3-1573/2.
Annales parliamentarians. - Discussion and voting. Session of March 16, 2006.
House of Representatives
Documents. - Project transmitted by the Senate, No. 51-2351/1. - Text adopted in plenary and subject to Royal Assent, No. 51-2351/2.
Annales parliamentarians. - Discussion and voting. Session of March 23, 2006.
(2) Pursuant to Article 7, this Agreement comes into force on 1
er June 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 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 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 personnel
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 termd « 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.
ARTICLE 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 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 or commercial 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 infringinging 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 examine 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 proposes 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.
19 February 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 honour to refer to the Federal Public Service's Note No. J3/PD/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, 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 agrees 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 personnel
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 termd « 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.
ARTICLE 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 or commercial 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 infringinging 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 examine 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 on the exercise of for-profit activities by certain members of the family of diplomatic and consular personnel
The Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation 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 Government of the United States of America to facilitate, on the basis of reciprocity, the exercise of for-profit activities by certain members of the family of personnel of the diplomatic missions of the State of
The Embassy of the United States of America shall find the provisions of that Agreement in the body of this note:
Agreement between the Kingdom of Belgium and the United States of America on the exercise of for-profit activities by certain members of the family of diplomatic and consular personnel
ARTICLE 1
erScope of the Agreement
1. Permitted, on the basis of reciprocity, to carry out a for-profit activity in the host State:
(a) the spouse and unmarried children under the age of eighteen dependent on diplomatic agents or consular officials of the accredited sending State:
(i) to the receiving State, or
(ii) to any international organization having its seat in the host State;
(b) the spouse of other mission staff or consular posts of the sending State.
(c) The terms "Diplomatic Officer", "Consular Officer" and "Personal Member" used in this article, including those of the above-mentioned persons who are employed 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. 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. In the event of a conflict, this agreement prevails.
3. Except in the cases provided for in Article 1.5 below, the authorization to carry out a for-profit activity in the receiving State shall be effected exclusively during the period of assignment of diplomatic agents, consular officials or members of another staff to the diplomatic mission or consular post of the sending State, and at the discretion of the host State, for a reasonable period of time at the end of that assignment.
4. Persons authorized to engage in a for-profit activity in the host State under Article 1.1-1.3 shall be designated by the term "beneficiaries" in this Agreement.
5. Unless the host State decides otherwise, the authorization shall not be granted to that of the beneficiaries who, after having accepted a paid employment, ceases to be a member of the family of a diplomatic officer, a consular official or a member of another staff as referred to in paragraph 1 of this article.
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 Belgium to the Protocol Branch of the United States Department of State of America or by the Embassy of the United States of America to the direction of the Protocol of the Belgian Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation, as the case may be.
After verification that the person is a beneficiary within the meaning of the provisions of Article 1, and after examination of the application for authorization to perform a paid activity, the Embassy of the sending State will be informed by the receiving State that the person in question may exercise a profit activity.
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 for the recipient to engage in a for-profit activity will not result in any dispensation to meet the legal or other requirements relating to personal, professional or other data that the person concerned must justify in order to exercise such an activity.
ARTICLE 3
Civil and administrative privileges and immunities
In the event that the beneficiary enjoys the immunity of jurisdiction in civil and administrative matters in the host State, under the provisions of the Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations or any other applicable international instrument, this immunity does not apply in the case of acts relating to a professional or commercial activity carried out by the beneficiary in the host State.
Similarly, enforcement of judgments relating to such acts is authorized to the extent that it can be done without prejudice to the inviolability of the beneficiary or the official residence of the beneficiary.
ARTICLE 4
Immunity in criminal matters
In the event that the beneficiary enjoys immunity from criminal jurisdiction in the host State, under the provisions of the aforementioned Vienna Conventions or any other international instrument:
(a) the sending State shall consider with kindness any request of the receiving State to obtain the lifting of the immunity of criminal jurisdiction enjoyed by the beneficiary of the authorization granted by the receiving State for any act or omission arising out of the exercise of the for-profit activity. This means that an application will be examined by the sending State from the presumption that immunity in criminal matters will be lifted, and that the application will only be rejected if there is a particular reason not to grant the lifting.
(b) A waiver of immunity from criminal jurisdiction granted under section 4(a) 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 seriously consider the request of the host State.
ARTICLE 5
Tax and social security schemes
In accordance with the provisions of the above-mentioned Vienna Conventions or any other applicable international instrument, beneficiaries will be subject to the tax and social security regimes of the host State for all matters related to the exercise of their for-profit 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 three months 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 the required constitutional and legal procedures.
The Kingdom of Belgium further proposes that, if these provisions are acceptable to the Government of the United States of America, this note and the text included therein, as well as the affirmative response of the Government of the United States of America, constitute an agreement between our two Governments, which will enter into force in accordance with Article 7 of the provisions in question.
The Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation takes the opportunity to renew to the Embassy of the United States of America the assurance of its highest consideration.
19/02/2004
EMB 2004-035
The Embassy of the United States of America presents its compliments to the Federal Public Service for Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium and has the honour to refer to the note by the Federal Public Service n J3/PD/9529 of 19 February 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 the basis of reciprocity, the exercise of activities for purposes
The Embassy of the United States of America agrees with the provisions of the Agreement proposed by the Federal Public Service for Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium, which reads as follows:
Agreement between the Kingdom of Belgium and the United States of America on the exercise of for-profit activities by certain members of the family of diplomatic and consular personnel
ARTICLE 1
erScope of the Agreement
1. Permitted, on the basis of reciprocity, to carry out a for-profit activity in the host State:
(a) the spouse and unmarried children under the age of eighteen dependent on diplomatic agents or consular officials of the accredited sending State:
(i) to the receiving State, or
(ii) to any international organization having its seat in the host State;
(b) the spouse of other mission staff or consular posts of the sending State.
(c) The terms "Diplomatic Officer", "Consular Officer" and "Personal Member" used in this article, including those of the above-mentioned persons who are employed 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. 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. In the event of a conflict, this agreement prevails.
3. Except in the cases provided for in Article 1.5 below, the authorization to carry out a for-profit activity in the receiving State shall be effected exclusively during the period of assignment of diplomatic agents, consular officials or members of another staff to the diplomatic mission or consular post of the sending State, and at the discretion of the host State, for a reasonable period of time at the end of that assignment.
4. Persons authorized to engage in a for-profit activity in the host State under Article 1.1-1.3 shall be designated by the term "beneficiaries" in this Agreement.
5. Unless the host State decides otherwise, the authorization shall not be granted to that of the beneficiaries who, after having accepted a paid employment, ceases to be a member of the family of a diplomatic officer, a consular official or a member of another staff as referred to in paragraph 1 of this article.
ARTICLE 2
Procedures
1. Any request for authorization to carry out a for-profit activity is sent, on behalf of the beneficiary, by the Belgian Embassy to the Protocol Service of the United States Department of State of America or by the Embassy of the United States of America to the direction of the Protocol of the Belgian Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation, as the case may be.
After verification that the person is a beneficiary within the meaning of the provisions of section 1
er, and after reviewing the application for authorization to perform a paid activity, the embassy of the sending State will be informed by the receiving State that the person in question may exercise a for-profit activity.
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 for the recipient to engage in a for-profit activity will not result in any dispensation to meet the legal or other requirements relating to personal, professional or other data that the person concerned must justify in order to exercise such an activity.
ARTICLE 3
Civil and administrative privileges and immunities
In the event that the beneficiary enjoys the immunity of jurisdiction in civil and administrative matters in the host State, under the provisions of the Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations or any other applicable international instrument, this immunity does not apply in the case of acts relating to a professional or commercial activity carried out by the beneficiary in the host State.
Similarly, enforcement of judgments relating to such acts is authorized to the extent that it can be done without prejudice to the inviolability of the beneficiary or the official residence of the beneficiary.
ARTICLE 4
Immunity in criminal matters
In the event that the beneficiary enjoys immunity from criminal jurisdiction in the host State, under the provisions of the aforementioned Vienna Conventions or any other international instrument:
(c) the sending State shall consider with kindness any request of the receiving State to obtain the lifting of the immunity of criminal jurisdiction enjoyed by the beneficiary of the authorization granted by the receiving State for any act or omission arising out of the exercise of the profit activity. This means that an application will be examined by the sending State from the presumption that immunity in criminal matters will be lifted, and that the application will only be rejected if there is a particular reason not to grant the lifting.
(d) A waiver of immunity from criminal jurisdiction granted under section 4(a) 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 seriously consider the request of the host State.
ARTICLE 5
Tax and social security schemes
In accordance with the provisions of the above-mentioned Vienna Conventions or any other applicable international instrument, beneficiaries will be subject to the tax and social security regimes of the host State for all matters related to the exercise of their for-profit 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 three months 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 the required constitutional and legal procedures.
The Embassy of the United States of America also accepts the proposal of the Federal Public Service for Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium, namely, that this Agreement shall enter into force after notification of the fulfilment of the constitutional and legal procedures required in accordance with Article 7 above, and after a final exchange of Diplomatic Notes.
The Embassy of the United States of America takes the opportunity to renew to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium the assurance of its highest consideration.
Embassy of the United States of America,
March 18, 2004.
