Posted the: 2005-03-18 Numac: 2005015012 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE 14 January 2005. -Law on consent to the headquarters agreement between the Kingdom of Belgium and the Union economic et monétaire ouest africaine, done at Brussels on 26 March 2002 (1) (2) (3) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the headquarters agreement between the Kingdom of Belgium and the Economic Union and monétaire ouest africaine, done at Brussels on 26 March 2002, will release its full and complete effect.
S. 3. this Act has effect on March 26, 2002.
Promulgate this Act, order that it itself coated seal to the State and published by le Moniteur.
Given in Brussels, 14 January 2005.
ALBERT by the King: the Minister of Justice, Ms. L. ONKELINX. the Minister of finance, D. REYNDERS the Minister of the Interior, P. DEWAEL Foreign Minister L. MICHEL sealed with the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Notes (1) Session 2004-2005.
Senate: Documents. -Bill filed on June 11, 2004, no. 3 - 748/1.
Parliamentary Annals. -Discussion. Meeting of July 15, 2004. -Vote. Meeting of July 15, 2004.
House of representatives: Documents. -Draft transmitted by the Senate, no. 51-1294/1. -Text adopted in plenary and subject to Royal assent, meeting No. 51-1294/2.
Parliamentary Annals. -Discussion. Meeting of 25 November 2004. -Vote. Meeting of 25 November 2004.
(2) see Decree of the Flemish Community of 19 March 2004 (Moniteur belge of 3 May 2004), Decree of the French community of May 12, 2004 (Moniteur belge of 7 June 2004), Decree of the German-speaking community of October 7, 2002 (Moniteur belge, 20 November 2002 (Ed.2), Decree of the Walloon Region of 10 April 2003 (Belgian Mointeur of April 18, 2003 (Ed.2) Order of the Brussels-Capital Region from November 7, 2002 (Moniteur belge of 26 November 2002 (Ed.2).
(3) this agreement entered into force on 28 February 2005.
Headquarters agreement between the Kingdom of Belgium and the Union economic and monetary West African, hereinafter designated and monétaire ouest africaine the Kingdom of Belgium, hereinafter referred to as the State and the Economic Union UEMOA;
Having regard to the UEMOA Treaty signed on 10 January 1994;
Responding to the desire of the UEMOA to install a liaison office in Belgium, desiring to conclude an agreement to determine the privileges and immunities as are necessary for the functioning of the liaison office of the UEMOA in Belgium, have agreed as follows: Chapter I. -Personality, privileges and immunities of the liaison office of the Economic Union monétaire ouest africaine Article 1 personality and the international legal capacity are recognized at the liaison office of the UEMOA in Belgium Article 2 the UEMOA, its property and assets used for the performance of the official duties of the liaison office in Belgium shall enjoy immunity from jurisdiction except to the extent where the UEMOA expressly renounces.
Section 3(1). The property and assets of the UEMOA cannot be subject to any form of requisition, confiscation, receiver or other form of seizure or restraint.
2. If an expropriation was necessary, all appropriate measures would be taken to prevent or preclude the exercise of the functions of the UEMOA. In this case the State would grant its assistance to allow the relocation of the liaison office of the UEMOA.
Article 4 archives of UEMOA and, more generally, all documents owned or held by it or its agents shall be inviolable.
Article 5(1). The premises used exclusively for the exercise of the functions of UEMOA are inviolable. The consent of the UEMOA is required for access to its premises.
2. However, this consent is presumed to be acquired disaster requiring immediate protection measures.
3. the State shall take any appropriate measure to prevent overgrown or damaged, the premises of the UEMOA UEMOA troubled peace or diminished dignity.
Article 6 1. UEMOA may hold all currencies and have accounts in all currencies to the extent necessary for the implementation of operations responding to its object.
2. the Belgium undertakes to grant the necessary permissions to perform all movements of funds that will be following the procedures laid down in national regulations and applicable international agreements, the constitution and activity of the liaison office of the UEMOA.
Article 7 the UEMOA, its assets, income and other property are exempt from all direct taxes.
Article 8 where the UEMOA performs major real estate purchases or furniture or run services, strictly necessary for the exercise of its official activities and whose price includes excise or VAT, appropriate arrangements are made whenever it is possible to delivery or repayment of the amount of such duties and taxes.
Article 9 the UEMOA is exempt from all indirect taxes against imported goods, acquired or exported by it or on its behalf for its official use.
Article 10 without prejudice to the obligations arising for the State of the provisions of the European Union and the implementation of legal and regulatory provisions regarding the order, security, health or public morals, the UEMOA may import all goods and publications intended for its official use.
Article 11 the UEMOA is exempt from all indirect taxes with respect to official publications which are intended, or it sends abroad.
Article 12 property belonging to UEMOA may be transferred in Belgium, that according to the conditions prescribed by the Belgian laws and regulations.
Article 13 the UEMOA is not exempt of taxes, taxes or charges which are just simple compensation of public utility services.
Article 14 freedom of communication of UEMOA for its official purposes is guaranteed. His official correspondence is inviolable.
Article 15 the conditions and detailed rules for the application of articles 8, 9, 11 and 12 are determined by the Minister of Finance of the Kingdom of Belgium.
CHAPTER II. -Status of Personnel Article 16 the Chief liaison office of WAEMU and his deputy shall enjoy privileges and diplomatic immunities.
Article 17 1. All officials and staff of the liaison office of UEMOA are: has) exemption from taxation on the salaries, emoluments and allowances which they are paid by UEMOA and effective agenda where such income will be subject to a tax for the benefit of the UEMOA, subject to recognition by the Belgium's internal tax system. The Belgium reserves the right to take account of these salaries, emoluments and allowances for the calculation of the amount of tax collectible on taxable income from other sources.
(b) facilities accorded to officials of international organizations with regard to monetary or foreign exchange regulations.
2. all officials and staff of the liaison office of UEMOA are: a) immunity for acts performed in their official capacity, including their words and writings, this immunity persisted after termination of their functions;
b) inviolability for all papers and documents.
3. all officials and staff of the liaison office of the UEMOA as well as their spouses and children under 18 years living with them and their dependants are not subject to the provisions limiting immigration or registration formalities strangers.
This derogation is granted in accordance with the Belgian legislation on the subject.
4. UEMOA notifies the arrival and the departure of its officials at the Ministry of Foreign Affairs and also the information specified above after about all its servants and agents: a) and last name b) place and date of birth) c sex d) nationality e) principal residence (town, street, number) f) civil status g) household composition any change in the data specified here before shall be reported within 15 days to the Direction of the Protocol Department of the Ministry of Foreign Affairs.
Article 18 the provisions of article 17 1. (a) apply not to pensions and annuities paid by the UEMOA to its servants and agents in Belgium or their designees.
Article 19 1. Without prejudice to the obligations arising for Belgium from the provisions of the Treaty of the European Union and the application of the legal or regulatory provisions the officials and staff of the liaison office of the UEMOA, apart from those mentioned in article 16, shall have the right during the period of twelve months following their initial functions to import or acquire, free of duties of customs and value-added tax chattels furniture and a car for their personal use.
2. the Minister of Finance of the Belgian Government set the limits and conditions for the application of this article.
Article 20 the Belgium is not required to give to its own nationals or permanent residents the advantages, privileges and immunities, with the exception of those referred to in article 17 1, a) of this agreement.
Article 21 all officials and servants of the UEMOA liaison office who are in Belgium any other gainful activity than that resulting from their duties with the UEMOA, are not subject to the Belgian legislation governing employment of
the main foreign labor and exercise by foreigners of independent professional activities.
Article 22 the UEMOA will before March 1 of each year to all beneficiaries a plug specifying in addition to their name and address, the amount of salaries, emoluments, allowances, pensions or annuities that UEMOA paid them in the previous year.
With regard to the salaries, emoluments and allowances subject of tax levied for the benefit of the UEMOA, this plug also refers to the amount of this tax.
Similarly, double sheets will be sent directly by UEMOA before the same date to the competent Belgian tax authorities.
Article 23 1. Officials and staff of the liaison office of UEMOA are not Belgian nationals or Belgian permanent residents and who have no other occupation-lucrative nature than required by their functions can opt for affiliation to the social security schemes applicable to the officials and agents of the UEMOA according to the rules of the schemes.
2. the UEMOA will provide affiliation to the social security scheme Belgian officials and Belgian officers or permanent residents, as well as the officials and agents who are not covered by (or who have not opted for) the social protection provided by UEMOA itself.
3. the UEMOA is committed to ensuring staff office in Belgium who are affiliated to the social security schemes of benefits equivalent to those provided for under the Belgian scheme of social security.
4. the Belgium may obtain reimbursement of the costs for social assistance that she would have to provide the officials or agents of the UEMOA which are affiliated to the social security schemes applicable to the officials and agents of the UEMOA UEMOA.
CHAPTER III. -General provisions Article 24 privileges and immunities are granted to officials and staff of the liaison office only in the interest of WAEMU and not for their personal benefit. The Head Office of liaison from WAEMU should waive immunity in all cases where immunity would impede the course of justice and where it can be waived without prejudice to the interests of the UEMOA.
Article 25 without prejudice to the rights conferred to UEMOA and the officials and servants of its liaison office by this agreement, the State retains the right to take all useful precautions in the interests of its security.
Article 26 1. The persons mentioned in chapter II, articles 16 and 17, do not enjoy any immunity from legal process in relation to cases of violations of the regulations on the movement of motor vehicles or damage caused by a motor vehicle.
2. the UEMOA and the officials and servants of his liaison office in Belgium must comply with all the obligations imposed by the Belgian legislation on insurance of civil liability for the use of any motor vehicle.
Article 27 the UEMOA, all officials and staff of its liaison office will collaborate at all times with the competent Belgian authorities to facilitate the proper administration of justice, secure the observance of police regulations and prevent any abuse in which the privileges, immunities and facilities provided for in this agreement.
Article 28 the UEMOA, as well as officials and staff of its liaison office are required to comply with the Belgian laws and the regulations and the decisions of justice made in their regard.
Article 29 the Belgium is liable because of the activity of UEMOA on its territory any international responsibility any for acts and omissions of WAEMU or those of officials and agents of its liaison office of acting or refraining as part of their duties.
Article 30 1. Any divergence of views concerning the application or interpretation of the present agreement, which could not be settled by direct between the parties talks, may be submitted by one of the parties, at the discretion of a Court of arbitration consisting of three members.
2. the Belgian Government and the UEMOA shall each designate a member of the arbitration tribunal.
3. the appointed members elect their president.
4. in the event of a disagreement between the members about the person of the president, the latter is appointed by the President of the International Court of Justice at the request of the members of the arbitral tribunal.
5. the arbitration tribunal is seized by another party by way of motion.
6. the arbitration tribunal establishes its own procedure.
CHAPTER IV. -Final provisions Article 31. each of the parties notifies the other the completion of the procedures required for the entry into force of this agreement.
This agreement may be revised at the request of one of the parties.
In witness whereof, the representatives of the Kingdom of Belgium and UEMOA have signed this agreement.
Done at Brussels, in duplicate, in Dutch and French languages both texts being authentic, March 26, 2002.