14 JANVIER 2005. - An Act to approve the Headquarters Agreement between the Kingdom of Belgium and the West African Economic and Monetary Union, made in Brussels on 26 March 2002 (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 1^er. This Act regulates a matter referred to in Article 77 of the Constution.
Art. 2. The headquarters agreement between the Kingdom of Belgium and the West African Economic and Monetary Union, made in Brussels on 26 March 2002, will bring out its full and full effect.
Art. 3. This Act is effective March 26, 2002.
Promulgation of this law, let us order that it be clothed with the seal to the State and published by the Belgian Monitor.
Given in Brussels on 14 January 2005.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Minister of Finance,
D. REYNDERS
The Minister of the Interior,
P. DEWAEL
Minister of Foreign Affairs,
L. MICHEL
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2004-2005.
Senate:
Documents. - Bill tabled on 11 June 2004, No. 3-748/1.
Annales parliamentarians. - Discussion. Session of July 15, 2004. - Vote. Session of July 15, 2004.
House of Representatives:
Documents. - Project transmitted by the Senate, No. 51-1294/1. - Text adopted in plenary and subject to Royal Assent, No. 51-1294/2.
Annales parliamentarians. - Discussion. Session of November 25, 2004. - Vote. Session of November 25, 2004.
(2) See Decree of the Flemish Community of 19 March 2004 (Moniteur belge du 3 mai 2004), Decree of the French Community of 12 May 2004 (Moniteur belge du 7 juin 2004), Decree of the German-speaking Community of 7 October 2002 (Moniteur belge du 20 novembre 2002 (Ed.2), Decree of the Walloon Region of 10 April 2003 (Mointeur belge du 18 avril 2003 (Ed.2), Ordonnance de la Région
(3) This agreement entered into force on 28 February 2005.

Agreement between the Kingdom of Belgium
and the West African Economic and Monetary Union
The Kingdom of Belgium,
hereinafter referred to as the State,
and
the West African Economic and Monetary Union,
later designated UEMOA;
Considering the WAEMU Treaty signed on 10 January 1994;
Responding to the WAEMU's desire to install a liaison office in Belgium,
Desirous of concluding an agreement to determine the privileges and immunities necessary for the operation of the WAEMU Liaison Office in Belgium,
The following agreed:
CHAPTER I^er. - Personality,
privileges and immunities of the Liaison Office
of the West African Economic and Monetary Union
Article 1^er
International legal personality and capacity are recognized at the WAEMU Liaison Office in Belgium
Article 2
The WAEMU, its assets and assets used for the exercise of the official functions of its Liaison Office in Belgium enjoy the immunity of jurisdiction except to the extent that WAEMU expressly waives it.
Article 3
1. WAEMU assets and assets may not be subject to any form of requisition, confiscation, sequester or other form of seizure or constraint.
2. If an expropriation was necessary, all appropriate measures would be taken to prevent the exercise of the functions of the WAEMU from being hindered. In this case the State would grant its assistance to allow the relocation of the WAEMU Liaison Office.
Article 4
The WAEMU archives and, in general, all documents belonging to it or held by it or by one of its agents are inviolable.
Article 5
1. The premises used exclusively for the performance of WAEMU functions are inviolable. WAEMU consent is required for access to its premises.
2. However, this consent is presumed to be acquired in the event of a claim requiring immediate protection.
3. The State shall take all appropriate measures to prevent the invasion or damage of WAEMU premises, the disturbed WAEMU peace or its diminished dignity.
Article 6
1. The WAEMU may hold any currency and have accounts in any currency 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 constitution and activity of the WAEMU Liaison Office will take place.
Article 7
WAEMU, its assets, income and other property are exempt from all direct taxes.
Article 8
Where the WAEMU makes significant purchases of real property or furniture or performs important service benefits, strictly necessary for the exercise of its official activities and the cost of which includes indirect duties or T.V.A., appropriate arrangements shall be made whenever possible for the remission or repayment of the amount of these duties and taxes.
Article 9
The WAEMU is exempt from any indirect taxes on goods imported, acquired or exported by it or on its behalf for its official use.
Article 10
Without prejudice to the obligations that arise for the State of the provisions of the European Union and the application of the legal and regulatory provisions concerning public order, security, health or morals, the WAEMU may import all goods and publications intended for its official use.
Article 11
WAEMU is exempt from any indirect taxes on official publications intended for it or sent abroad.
Article 12
The property belonging to the UEMOA can only be disposed of in Belgium under the conditions prescribed by Belgian laws and regulations.
Article 13
The WAEMU is not exempt from taxes, taxes or fees that are only the mere remuneration of public utility services.
Article 14
WAEMU's freedom of communication for its official purposes is guaranteed. His official correspondence is inviolable.
Article 15
The terms and conditions for the application of Articles 8, 9, 11 and 12 are determined by the Minister of Finance of the Kingdom of Belgium.
CHAPTER II. Staff regulations
Article 16
The Head of the WAEMU Liaison Office and his Deputy shall enjoy diplomatic privileges and immunities.
Article 17
1. All officials and officers of the WAEMU Liaison Office receive:
(a) the exemption of any tax on salaries, emoluments and allowances paid to them by the WAEMU, effective on the day that these revenues will be subject to a tax for the benefit of WAEMU, subject to Belgium's recognition of the domestic tax system. Belgium reserves the opportunity to take into account these salaries, emoluments and allowances for the calculation of the amount of tax payable on taxable income from other sources.
(b) Facilitated facilities for officials of international organizations with regard to currency or exchange regulations.
2. All officials and officers of the WAEMU Liaison Office benefit from:
(a) immunity from jurisdiction for acts performed in their official capacity, including their words and writings, that immunity persists after termination of their duties;
(b) Inviolability for all official documents and documents.
3. All officials and officers of the WAEMU Liaison Office and their spouses and children under the age of 18 residing with them and their dependants are not subject to immigration or registration procedures for foreigners. This exemption is granted in accordance with Belgian legislation.
4. The WAEMU notifies the arrival and departure of its officials to the Ministry of Foreign Affairs and also notifies the following information regarding all its officials and agents:
(a) name and first name
(b) place and date of birth
(c) sex
(d) nationality
(e) Main residence (commune, street, number)
(f) Civilian status
(g) household composition
Any change in the data specified above shall be reported within fifteen days to the Ministry of Foreign Affairs Protocol Directorate.
Article 18
The provisions of Article 17 1. (a) does not apply to pensions and pensions paid by WAEMU to its former officials and agents in Belgium or to their beneficiaries.
Article 19
1. Without prejudice to the obligations that arise for Belgium of the provisions of the Treaty of the European Union and the application of the legal or regulatory provisions, officials and agents of the Liaison Office of the WAEMU, apart from those mentioned in Article 16, shall enjoy the right during the twelve-month period following their first taking of functions to import or acquire, free of customs duties and the Value-added Car Tax, furniture for personal use and furniture
2. The Minister of Finance of the Government of Belgium sets the limits and conditions of application of this article.
Rule 20
Belgium is not obliged to grant to its own permanent nationals or residents the benefits, privileges and immunities, except those mentioned in Article 17 (1) (a) of this Agreement.
Article 21
All officials and agents of the WAEMU Liaison Office who do not carry out any other lucrative activity in Belgium than that resulting from their functions with the WAEMU, are not subject to Belgian foreign labour law and in the exercise by foreigners of independent professional activities.
Article 22
The WAEMU will hand over to all recipients, before March 1 of each year, a form specifying in addition to their name and address, the amount of salaries, emoluments, allowances, pensions or annuities paid by WAEMU during the previous year.
With respect to salaries, emoluments and allowances that are subject to the tax collected for the benefit of the WAEMU, this form also mentions the amount of this tax.
Similarly, the double sheets will be transmitted directly by the UEMOA prior to the same date to the competent Belgian tax administration.
Article 23
1. Officials and agents of the WAEMU Liaison Office who are neither Belgian nationals nor permanent Belgian residents and who do not exercise any other profit-making occupation than that required by their functions may opt for affiliation with the social security regimes applicable to officials and agents of the WAEMU according to the rules of these regimes.
2. The WAEMU will ensure that Belgian civil servants and agents, as well as officials and agents who are not covered by (or have not opted for) the social protection provided for by the WAEMU itself, are affiliated to the Belgian social security system.
3. The WAEMU is committed to ensuring that employees in Belgium who are affiliated with its social security regimes are entitled to benefits equivalent to those provided by the Belgian social security system.
4. Belgium may obtain from UEMOA the reimbursement of costs incurred for any social assistance that it would be required to provide to officials or agents of the UEMOA who are affiliated with the social security schemes applicable to officials and agents of the UEMOA.
CHAPTER III. - General provisions
Article 24
Privileges and immunities are granted to officials and officers of the Liaison Office only in the interest of the WAEMU and not to their personal benefit. The Head of the WAEMU Liaison Office must 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 WAEMU.
Rule 25
Without prejudice to the rights conferred on WAEMU and the officials and agents of its liaison office by this agreement, the State retains the right to take all necessary precautions in the interest of its security.
Rule 26
1. The persons referred to in chapter II, sections 16 and 17, shall not enjoy immunity from jurisdiction in respect of 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 agents of its Liaison Office in Belgium must comply with all the obligations imposed by Belgian civil liability insurance legislation for the use of any motor vehicle.
Rule 27
The WAEMU, all officials and agents of its Liaison Office will cooperate at any time with the competent Belgian authorities in order to facilitate the proper administration of justice, to ensure compliance with the police regulations and to avoid any abuse to which the privileges, immunities and facilities provided for in this Agreement may arise.
Rule 28
The WAEMU, as well as the officials and agents of its Liaison Office, are obliged to respect the Belgian laws and regulations and the court decisions rendered in respect of them.
Rule 29
Belgium does not rely on the activity of the WAEMU in its territory any international responsibility whatsoever for the acts and omissions of the WAEMU or for those of officials and agents of its liaison office acting or abstaining in the course of their duties.
Rule 30
1. Any discrepancy with respect to the application or interpretation of this Agreement, which could not be resolved by direct negotiations between the parties, may be submitted by one of the parties to the assessment of an arbitration tribunal composed of three members.
2. The Belgian Government and the WAEMU each designate a member of the Arbitration Court.
3. The members so designated choose their president.
4. In case of disagreement between the members regarding the person of the President, the President shall be appointed by the President of the International Court of Justice at the request of the members of the Arbitration Court.
5. The arbitration tribunal shall be seized by either party by a request.
6. The Arbitration Court sets out its own procedure.
CHAPTER IV. - Final provisions
Rule 31
Each of the parties shall notify the other of the procedures required for the implementation of this Agreement.
This Agreement may be subject to review at the request of one of the parties.
In faith, the Representatives of the Kingdom of Belgium and the WAEMU signed this Agreement.
Done in Brussels, in duplicate, in French and Dutch, the two texts being authentic, on 26 March 2002.