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Law Approving The Agreement Between The Kingdom Of Belgium And The International Bank For Reconstruction And Development On The Establishment In Belgium Of A Liaison Office Of This Organization Signed In Brussels On 26 April 1999 (1) (2

Original Language Title: Loi portant assentiment à l'Accord entre le Royaume de Belgique et la Banque internationale pour la Reconstruction et le Développement sur l'Etablissement en Belgique d'un bureau de liaison de cette organisation signé à Bruxelles, le 26 avril 1999 (1) (2

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4 MARCH 2002. - An Act to approve the Agreement between the Kingdom of Belgium and the International Bank for Reconstruction and Development on the Establishment in Belgium of a liaison office of that organization signed in Brussels on 26 April 1999 (1) (2) (2)



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 Agreement between the Kingdom of Belgium and the International Bank for Reconstruction and Development on the Establishment in Belgium of a liaison office of this organization, signed in Brussels on 26 April 1999, will emerge its full effect.
Art. 3. This Act produces its effects on 26 April 1999.
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 4 March 2002.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
The Minister of Employment,
Ms. L. ONKELINX
The Minister of the Interior,
A. DUQUESNE
Minister of Social Affairs and Pensions,
F. VANDENBROUCKE
Minister of Justice,
Mr. VERWILGHEN
Minister of Finance,
D. REYNDERS
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2001-2002.
Senate.
Documents. - Bill, tabled on 31 August 2001, No. 2-896/1. - Report, no. 2-896/2. - Text adopted by the Commission.
Annales parliamentarians. - Discussion, meeting of 29 November 2001. - Vote, meeting of 29 November 2001.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 50-1534/1. - Text adopted in plenary and subject to Royal Assent, No. 50-1534/2.
Annales parliamentarians. - Discussion, meeting of December 18, 2001. - Vote, meeting of 20 December 2001.
(2) This Agreement entered into force on 24 February 2005, in accordance with Article 5.

AGREEMENT BETWEEN THE BELGIUM AND INTERNATIONAL BANQUE FOR RECONSTRUCTION AND DEVELOPMENT ON THE BELGIOUS DEVELOPMENT OF A BELGIUM OF CETTER ORGANIZATION
The Kingdom of Belgium
and
The following International Bank for Reconstruction and Development known as "BIRD"
Considering the importance of providing for specific provisions concerning the privileges and immunities of which the BIRD Liaison Office can benefit on Belgian territory;
Desirous of concluding, for this purpose, a supplementary agreement to the Constituent Agreement of the IDB and the Convention on the Privileges and Immunities of the Specialized Institutions, adopted in New York on 21 November 1947 by the General Assembly of the United Nations, during its second session, referred to as the "Convention";
The following agreed:
ARTICLE 1er
1. The Director of the Office of the IDB has the privileges granted to diplomatic personnel in diplomatic missions. The spouse and dependent children of the Director living in his home benefit from the benefits recognized to the spouse and minor dependent children of diplomatic personnel.
2. Without prejudice to article VI, section 19 of the Convention, the provisions of the first paragraph shall not apply to Belgian nationals.
ARTICLE 2
The Bureau of the BIRD and its staff will comply with Belgian law and Belgian regulations, in particular with regard to civil liability insurance in respect of motor traffic. The Office maintains appropriate coverage of civil liability insurance for vehicles used in Belgium.
ARTICLE 3
The Belgian Government facilitates the entry into Belgium and the stay in its territory of persons invited by the Bureau of the BIRD for official purposes, as well as their departure from the country.
ARTICLE 4
1. Belgium and BIRD declare their common intention to promote a high level of social protection for, respectively, Belgian nationals and permanent residents in Belgium, on the one hand and, on the other, the staff of the BIRD.
2. Belgium ensures that its nationals, permanent residents and every worker present in its territory are guaranteed the effective exercise of fundamental rights as set out in the "Community Charter of Fundamental Social Rights of Workers", made in Strasbourg in 1989 and in the "European Social Charter and its Additional Protocol", made in Turin in 1961.
3. The IDB ensures that each of its staff has the effective exercise of fundamental social rights.
4. On the basis of a joint review of their respective social protection and security systems, the signatory Parties agree that the social security regime applicable to the staff of the IDB guarantees them the benefit of a social protection floor equivalent to the Belgian social security system.
5. In view of the examination referred to in the previous item, members of the staff of the IDB, other than Belgian nationals and permanent residents in Belgium, and who do not exercise in Belgium any profit-oriented occupation other than that required by their functions, shall be covered by the social security regime applicable to the staff of that organization, as follows:
(a) the social security regime applicable to BIRD staff recognizes the principles of Belgian legislation relating to the protection of personal privacy and medical ethics (free choice of patient, therapeutic freedom of the care provider, medical secrecy);
(b) Belgium and BIRD recognize the uniqueness of their social security system and system.
6. By derogation from the provisions referred to in item 5, and in accordance with the terms referred to in the declaration annexed to this Agreement, Belgium and BIRD agree that Belgian nationals and permanent residents in Belgium, members of the Belgian office staff of BIRD, shall be covered by the social security regime applicable to BIRD personnel, as provided for in item 5.
ARTICLE 5
Each party shall notify the other party of the procedures required by its legislation for the implementation of this Agreement.
In faith, the Plenipotentiaries have signed this Agreement.
Done in Brussels on 26 April 1999, in two originals, in French and Dutch, both texts being equally authentic.

COMMON DECLARATION ANNEX TO ARTICLE 4 OF THE AGREEMENT BELGIOUS ROYAL AND INTERNATIONAL BANQUE FOR RECONSTRUCTION AND DEVELOPMENT ON BELGIOUS DEVELOPMENT
For the purposes of Article 4 of the agreement between the Kingdom of Belgium and the International Bank for Reconstruction and Development on the establishment in Belgium of a Bureau of that organization and this joint declaration, the Parties signatories have agreed as follows
ARTICLE 1er
Definition
We hear:
"Permanent resident in Belgium": any person registered for more than 6 months in the Belgian National Register of Physical Persons.
"Equivalent social protection floor": the social protection system that does not reach the height and extent of the coverage of the Belgian social security system for unemployment benefits or for disability benefits.
ARTICLE 2
The derogation referred to in Article 4, item 6, of the agreement between the Kingdom of Belgium and the International Bank for Reconstruction and Development on the establishment in Belgium of a Bureau of that organization remains valid as long as the results of the examination referred to in Article 4, item 4 of the said Agreement, guarantee to the members of the staff of the BIRD the benefit of a social protection floor equivalent to the Belgian social security system.
ARTICLE 3
As part of the implementation of Article 4 of the agreement between the Kingdom of Belgium and the International Bank for Reconstruction and Development on the establishment in Belgium of a Bureau of that organization and Article 2 of this joint declaration, the signatory Parties undertake to cooperate closely by exchangeing information on the occasion of significant changes to their respective social security systems, which may diminish the level and extent of their insured protections.
Every 5 years, as of the signing of the above-mentioned agreement, the signatory parties prepare a joint report on the evaluation of their cooperation in this area. This report determines whether the condition under section 2 remains valid.