5 SEPTEMBER 2001. - An Act to approve the Agreement between the Kingdom of Belgium and the International Organization for Migration on the Privileges and Immunities of that Organization in Belgium, signed in London on 4 December 1996 amending the Agreement between the Kingdom of Belgium and the Intergovernmental Committee on European Migration signed in Geneva on 2 July 1973 (1)

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 International Organization for Migration on the Privileges and Immunities of this Organization in Belgium, signed in London on 4 December 1996, amending the Agreement between the Kingdom of Belgium and the Intergovernmental Committee for European Migration, signed in Geneva on 2 July 1973, will come out its full and full effect.
Art. 3. This Act produces its effects on 4 December 1996.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 5 September 2001.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
The Minister of the Interior,
A. DUQUESNE
Minister of Social Affairs and Pensions,
F. VANDENBROUCKE
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Session 2000-2001.
Senate.
Documents. - Bill, tabled on 21 May 2001, 2-760, No. 1. - Report, 2-760, No. 2.
Annales parliamentarians. - Discussion and vote. Session of June 14, 2001.
Room.
Documents. - Project transmitted by the Senate, 50-1304, No. 1. - Text adopted in plenary session and submitted to the Royal Warrant, 50-130, No. 2.
Annales parliamentarians. - Discussion and vote. Session of July 3, 2001.
Agreement between the Kingdom of Belgium and the International Organization for Migration on the Privileges and Immunities of this Organization in Belgium, amending the Agreement between the Kingdom of Belgium and the Intergovernmental Committee on European Migration signed in Geneva on 2 July 1973
The Kingdom of Belgium
and
the International Organization for Migration, below referred to as "IOM",
Considering the Agreement between the Kingdom of Belgium and the Intergovernmental Committee on European Migration on the Privileges and Immunities of this international organization in Belgium, signed in Geneva on 2 July 1973 and approved by the Law of 3 April 1978;
Considering that the Council of the Intergovernmental Committee on Migration, at its 364^e session of 20 May 1987, approved amendments to the Constituent Act, including an amendment to the name of the organization;
Considering that this organization has established an internal tax;
Considering the need to amend the Agreement between the Kingdom of Belgium and the Intergovernmental Committee on European Migration with regard to the name of the organization;
Considering the need to amend and supplement this agreement in order to avoid the double taxation of Belgian officials as a result of the establishment of an internal tax for the benefit of IOM;
The following agreed:
Article 1^er
In the title and in the headquarters agreement between the Kingdom of Belgium and the Intergovernmental Committee on European Migration signed in Geneva on 2 July 1973, the words "Intergovernmental Committee on European Migrations", "ICME", are replaced by the words "International Organization for Migration", or "IOM". Similarly, the words "Director" and "Deputy Director" are replaced by the words "Director General" and "Deputy Director General".
Article 2
In Article 18 of the Headquarters Agreement of 2 July 1973 between the Kingdom of Belgium and the ICME, the following amendments are made (which will apply from 1 July 1973)^er January of the year immediately following that of the coming into force of this Agreement):
1° Paragraphs 1^er, 2 and 3 are inserted under paragraph 1^er;
2° Item C of paragraph 2 of paragraph 1^er is amended to read:
"C. the exemption of any tax on salaries, emoluments and allowances paid by IOM from the day on which these revenues are subject to a tax for the benefit of IOM.
Belgium reserves the opportunity to report these salaries, emoluments and allowances for the calculation of the amount of tax payable on income from other sources.
Exempt persons are not exempt from a tax return. »
3° The following provision is inserted under paragraph 2, instead of paragraph 2 of Article 21:
"IOM notifies the arrival and departure of its officials to the Ministry of Foreign Affairs. IOM shall also notify the following information regarding its officials:
1. Name and first name
2. Place and date of birth
3. Gender
4. Nationality
5. Main residence (commune, street, no.)
6. Civil status
7. Composition of the household
Amendments to this information will be notified on a monthly basis. Public servants and dependants will be entitled to a special identity card. »
Article 3
Under Article 18bis, the following provision is included in the Headquarters Agreement of 2 July 1973.
"IOM will return before 1^er March of each year to all beneficiaries, a form specifying in addition to their names and addresses, the amount of salaries, emoluments, allowances, pensions or annuities paid to them in the previous year. With respect to salaries, emoluments and allowances that are subject to tax collected for the benefit of IOM, this form also mentions the amount of this tax.
Double sheets will be transmitted directly by IOM before 30 June of each year to the competent Belgian Tax Administration. »
Article 4
Article 19 of the Headquarters Agreement of 2 July 1973 is amended to read:
"The provisions of sections 17 and 18 do not apply to pensions and annuities paid to former members or their beneficiaries, or to salaries, emoluments and allowances paid by IOM to its local officers. »
Article 5
Article 24 of the Headquarters Agreement of 2 July 1973 is replaced by the following text:
"Belgium is not required to grant to its own permanent nationals or residents the benefits, privileges and immunities, except those mentioned in Article 18, C of this Agreement.
However, they will benefit from immunity from jurisdiction for acts performed in their official capacity, including their words and writings. »
Article 6
Under Article 24bis , the following text is inserted in the Headquarters Agreement of 2 July 1973.
IOM, its local officials and agents are required to comply with Belgian laws and regulations, without prejudice to the privileges and immunities they enjoy under this headquarters agreement.
Article 7
Each party shall notify the other party of the procedures required by its legislation for the implementation of this Agreement.
In faith, the respective Plenipotentiaries have signed this Agreement.
Done in London on 4 December 1996 in duplicate, in French and Dutch languages, both texts being equally authentic.
For the Kingdom of Belgium:
E. DERYCKE,
Minister of Foreign Affairs
For the International Organization for Migration:
J.N. PURCELL Jr.,
Director General of the International Organization of Migration