Law Approving The Headquarters Agreement Between The Kingdom Of Belgium And The Group Of African States, The Caribbean And The Pacific, Signed In Brussels On 26 April 1993 (1) (2) (3).

Original Language Title: Loi portant assentiment à l'Accord de siège entre le Royaume de Belgique et le groupe des Etats d'Afrique, des Caraïbes et du Pacifique, signé à Bruxelles le 26 avril 1993 (1) (2) (3)

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Posted the: 2000-06-22 Numac: 1999015187 Ministry of Foreign Affairs, international trade and international COOPERATION 15 January 1998. -Law concerning consent to the headquarters agreement between the Kingdom of Belgium and the Group of African States, the Caribbean and the Pacific, signed in Brussels on 26 April 1993 (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 Group of African States, the Caribbean and the Pacific, signed in Brussels on 26 April 1993, including exchanges of letters y, will release its full and complete effect.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, 15 January 1998.
ALBERT by the King: the Minister of Foreign Affairs, E. DERYCKE the Minister of the Interior, J. VANDE LANOTTE the Minister of finance, Ph. MAYSTADT sealed with the seal of the State: the Minister of Justice, S. DE CLERCK _ Note (1) 1996-1997 Session: Senate.
Documents. -Bill filed on June 27, 1997, no. 1 - 694/1. -Report, n ° 1-694/2. -Text adopted by the commission, no 1-694/3.
Parliamentary Annals. -Discussion.
Meeting of July 16, 1997. -Vote. Meeting of 17 July 1997.
Room.
1996-1997 session: Documents. -Draft transmitted by the Senate, no. 1149/1.
1997-1998 session: parliamentary Annals. -Discussion. Meeting of 9 December 1997. -Vote. Meeting of December 11, 1997.
(2) federated entities Decree of the French community of 22 December 1997 (Moniteur belge of 15 August 1998); Decree of the Flemish Community of 9 February 1999 (Moniteur belge of 20 March 1999); Decree of the German-speaking community of 20 October 1997 (Moniteur belge of 14 January 1998); Decree of the Walloon Region from February 5, 1998 (Moniteur belge of 27 February 1998); Order of the Region of Brussels - capital of 26 March 1998 (Moniteur belge of 13 June 1998).

HEADQUARTERS agreement between the Kingdom of Belgium and the Group of African States, the Caribbean and the Pacific the Kingdom of Belgium, and the Group of African States, the Caribbean and the Pacific, whereas the Georgetown Agreement of 6 June 1975 established the Group of African States, the Caribbean and the Pacific - hereinafter referred to as the ACP group of States - and established an ACP Council of Ministers and a Committee of ambassadors Whereas the fourth ACP - EEC Convention of Lomé, hereinafter referred to as "The Convention", to which the Belgium is a party, was signed at Lomé on 15 December 1989, whereas the Protocol n ° 3 on privileges and immunities annexed to the Lomé Convention, as well as the Declaration by the community concerning Protocol 3, Appendix LXXIII, whereas the functioning of the organs of the ACP group is ensured by the ACP Secretariat hereinafter referred to as "The Secretariat", desiring to conclude an agreement to clarify the regime of privileges and immunities necessary for the exercise of the functions of the ACP Secretariat in Belgium, have agreed as follows: title I. - Privileges and immunities of the Secretariat chapter I. - legal personality Article 1 the Secretariat is equipped with the most extensive legal capacity accorded to legal persons.
There including the capacity to contract, to acquire and to dispose of real estate and movable property and to sue.
CHAPTER II. -Properties of Secretariat section 2 the Secretariat as well as the property and assets of the Secretariat used by it exclusively for the exercise of his official duties, shall enjoy immunity from jurisdiction, except to the extent where the President of ACP Council of Ministers established by the Convention has expressly waived in a particular case.
A separate waiver is necessary for any implementing measures.
Article 3 the premises used exclusively for the exercise of the functions of the Secretariat shall be inviolable.
The consent of the President of the Council of ACP Ministers is required for access to these premises. However, consent is presumed to be obtained in case of fire or other disaster requiring immediate protection measures.
The Belgium will take all appropriate measures to prevent the premises of the Secretariat are flooded or damaged, the Secretariat peace disturbed or reduced dignity.
Article 4 are considered premises of the Secretariat, its headquarters which is formed by the buildings and grounds used exclusively for the exercise of the functions of the Secretariat.
Article 5 the official residence of the Secretary-General enjoys the same inviolability and protection as the premises of the Secretariat.
Article 6 except to the extent necessary investigations to which an accident caused by a motor vehicle belonging audit Secretariat or circulating on its behalf may give rise, one for breach of the regulation of vehicular traffic or accidents caused by such a vehicle, the property and assets of the Secretariat cannot be the subject of any form of requisition, confiscation receiver and other form of seizure or restraint, even for purposes of national defence or public purposes, without the permission of the President of the Council of ACP Ministers.
If an expropriation was necessary for those purposes, all appropriate measures would be taken to prevent that put an obstacle to the exercise of the functions of the Secretariat and prompt and adequate compensation would be paid.
Article 7 the archives of the secretariat and, generally, all documents belonging to the Secretariat, held by him or by one of its officials shall be inviolable wherever they are.
Article 8 the Secretariat may hold funds, gold or any currency and have accounts in all currencies to the extent necessary for the implementation of operations responding to its object.
In the exercise of the rights granted to him under the present agreement, the Secretariat will consider all representations of the Belgium insofar as it deems to be able to respond without prejudice to its own interests.
The Belgium undertakes to grant the necessary permissions to perform, following the procedures laid down in national regulations and applicable international agreements, all transfers and movements of funds which will lead the constitution and activity of the Secretariat.
Article 9 the Secretariat, its assets, income and other property exempt from all direct taxes.
Article 10 when the Secretariat performs major real estate purchases or furniture or done performances, strictly necessary for the exercise of its official activities, and whose price includes excise or sales taxes, appropriate arrangements are made whenever it is possible to delivery or repayment of the amount of such duties and taxes.
Article 11 without prejudice to the obligations arising for the Belgium Community provisions and the application of legal, regulatory, prohibitory or restrictive provisions concerning the order or the public safety, health or public morals, the Secretariat may import duty-free to all indirect taxes, all goods and publications intended for its official use.
Article 12 the Secretariat is exempt from all indirect taxes against its official publications which it ensures free diffusion.
Article 13 Secretariat-owned property cannot be sold or otherwise transferred for payment or free in Belgium, unless what is conditions prescribed by the Belgian laws and regulations.
Article 14 the Secretariat will not request exemption from taxes, taxes and duties which are just simple compensation of public utility services.
CHAPTER III. -Ease of communication Article 15 the Belgium guarantees freedom of communication by the Secretariat for its official purposes.
The Secretariat correspondence is inviolable.
TITLE II. -Persons chapter I persons participating in the work of the Secretariat Article 16 representatives of Member States to the Convention and participating in the work of the Institutions of the communities European and/or the Secretariat and their advisers and technical experts shall enjoy, during the exercise of their functions, the privileges, immunities and facilities to use.
Article 17 the Secretary General, Deputy Secretary General and the other permanent members of the higher grade of the Secretariat staff - designated by the ACP States - as well as their spouse and their minor children living in their household have the immunities, privileges and facilities recognized members of the diplomatic staff of diplomatic missions.
Article 18 permanent members of staff, other persons referred to in article 17, to benefit from the exemption from any tax salaries, emoluments and allowances which they are paid by ACP States and from the day where these revenues are subject to a tax for the benefit of the ACP States.
The Belgium however has the right to consider such income to calculate the amount of tax collectible on the taxable income of the beneficiaries from other sources.
The tax exemption referred to in this article does not apply to pensions and annuities paid by the ACP States to their former members of the senior staff and other agents or their successors.
Article 19 the permanent members of the Secretariat: a) enjoy immunity from jurisdiction

for acts performed in their official capacity, including their words and writings; This immunity persists after the termination of their functions;
b) shall enjoy inviolability for all papers and documents;
c) enjoy with their family members living in their home, the same exceptions to the provisions limiting immigration as those usually accorded to members of the staff of international organizations.
Article 20 the permanent members of the Secretariat shall enjoy, in relation to monetary regulations or Exchange, of facilities recognized by officials of international organizations use.
Article 21 without prejudice to the obligations arising for Belgium from the provisions of the Treaty establishing the European economic enforcement of the legal provisions and regulations, members of the staff of the Secretariat shall enjoy the right, on the occasion of their first assumption of office in Belgium, to import duty-free furniture, including motor vehicles, as well as the belongings they had owned and in use in the country of previous residence , and the right, to the termination of their functions in Belgium, duty-free the objects and effects in their possession.
Article 22 the permanent members of the Secretariat who are practising in Belgium any other gainful activity than that resulting from their duties with the Secretariat, as well as members of their family living in their homes and not exercising in Belgium no occupancy private non-profit character, are not subject to Belgian legislation on employment of foreign labor and exercise by foreigners of independent professional activities.
The Secretariat is required to notify the Ministry of Foreign Affairs, before March 1 of each year, the specified information or any change to the following information about its members permanent and other agents, namely: 1. name and surname;
2. place and date of birth;
3. sex;
4 nationality;
5. main residence (town, street and no.);
6. civil status;
7. composition of the household;
8. date of entry into service in Belgium;
9. date of termination of service.
These people, as well as members of their family living in their homes, will be entitled to a special identity card.
Article 23 in matters of social security, the permanent members of the Secretariat who are neither citizens nor permanent residents of the Belgium and have no occupation of non-profit character other than that required by their official duties can opt for the application of Belgian legislation.
This right of option may be exercised only once and within three months of taking up the post in Belgium.
Regard to people who have opted for the Belgian scheme, the Secretariat applied the Belgian legislation on social security.
As regards people declined the Belgian scheme, the Secretariat has a duty to ensure that they are actually covered by a proper social security system and the Belgium may obtain reimbursement of the costs of social assistance secretariat.
Article 24 the Belgium is not obliged to grant its own nationals or permanent residents the advantages, privileges and immunities of this agreement with the exception of those previs in article 18.
However, they will benefit from immunity for acts performed in their official capacity, including their words and written; This immunity persists after the termination of their functions.
TITLE III. -General provisions Article 25 privileges and immunities are accorded to the members of the Secretariat only in the interest of the Secretariat and not for their personal benefit. The President of the Council of ACP Ministers shall be entitled to waive the immunity in any case where this immunity would impede the course of justice and where it can be waived without prejudice to the interests of the Secretariat.
Article 26 the persons mentioned in article 19 do not enjoy any immunity from legal process in relation to cases of infringement of the rules on the movement of motor vehicles or damage caused by a motor vehicle.
Article 27 the Secretariat and its staff shall comply with all obligations imposed by the Belgian laws and regulations on insurance of civil liability for the use of any motor vehicle.
Article 28 the Secretariat and its staff are working 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 29 the Secretariat will present, before March 1 of each year, all beneficiaries, a form specifying in addition to their names and addresses, the amount of salaries, emoluments, allowances, pensions or the annuities, paid them in the previous year. With regard to the salaries, emoluments and allowances subject of tax levied for the benefit of the ACP States, this plug also mentioned the amount of this tax.
A copy of the records will be sent directly by the Secretariat, before the same date, at the Ministry of Foreign Affairs.
From the day where the staff referred to in article 18 are subject to a tax for the benefit of the ACP States, the transmission provided for in paragraph 2 of article presses is no longer required except for officers who exercise one gainful occupation other than that resulting from their duties with the ACP Secretariat.
Article 30 without prejudice to their privileges and immunities, the Secretariat and its staff have the duty to respect the Belgian laws and regulations.
TITLE IV. -Final provisions Article 31 this agreement will be ratified by the Belgium and approved by the Group of the ACP States and the instruments shall be exchanged at Brussels.
It will remain in force or for the length of the establishment of the Secretariat in Belgium, until the expiry of a period of one year from the date on which one of the Parties shall notify the other its intention to terminate.
In witness whereof, the respective Plenipotentiaries have signed this agreement.
Done at Brussels, 26 April 1993, in two copies, in languages, Dutch, French and English, the three texts being equally authentic.
For the Government of the Kingdom of Belgium: W. CLAES for the Group of African States, the Caribbean and the Pacific: G. BERHANE Brussels, on 26 April 1993.
Secretary General, at the time signed the headquarters agreement between the ACP group of States and the Kingdom of Belgium and taking into account the international of the ACP Secretariat composition, I have the honour, on behalf of my Government, to submit to you the following proposal: the term "senior personnel" means the heads of the three Technical Secretariat of ACF divisions as well as three senior officers equivalent, i.e. Heads of service legal, administrative and financial control. In accordance with article 17 of the agreement, these people together with their spouses and their minor children living in their household, benefit of the immunities, privileges and facilities recognized member diplomatic staff of diplomatic missions.
Transitional basis, all other Secretariat of ACP members, who benefit in this day of diplomatic status, may keep it for the duration of their function with the Secretariat.
Where you can mark your agreement on this interpretation, this letter and your reply will form part of the headquarters agreement.
I take this opportunity, Mr Secretary-General, to renew the assurances of my high consideration.
W. CLAES A Son Excellence M. G. Berhane, Secretary General of the Group of States of Africa, the Caribbean and the Pacific, in Brussels.
Brussels, 26 April 1993.
Minister, I have the honour to acknowledge receipt of your letter of 26 April 1993, following: "at the time signed the headquarters agreement between the ACP and the Kingdom of Belgium States and taking into account the international of the ACP Secretariat composition, I have the honour, on behalf of my Government, to submit to you the following proposal: the term"senior personnel"means the heads of the three technical of the ACP Secretariat divisions. as well as three senior officers equivalent, i.e. Heads of service legal, administrative and financial control.
In accordance with article 17 of the agreement, these people together with their spouses and their minor children living in their household, benefit of the immunities, privileges and facilities recognized members of the diplomatic staff diplomatic missions.
As a transitional measure, all other Secretariat of ACP members, who benefit in this day of diplomatic status, will be able to keep it for the duration this their function with the Secretariat.
Where you can mark your agreement on this interpretation, this letter and your reply will form part of the headquarters agreement. "I have the honour to inform you that I agree on this proposal and that your letter and my reply constitute an agreement which will be an integral part of the headquarters agreement.

Please accept, Sir, the assurance of my highest consideration.
G. BERHANE A his Excellency Mr. W. Claes, Minister for Foreign Affairs, in Brussels.
Brussels, 26 April 1993.
The Minister,

At the time of signature of the headquarters agreement between the Kingdom of Belgium and the Group of African States, the Caribbean and the Pacific, I have the honour to bring you the details below, concerning the scope of articles 18 (2) and 29 of the headquarters agreement: the ACP Secretariat certifies that it pays to members of its staff salary net and , since its establishment in Belgium; the internal tax fixed in autonomous and sovereign manner by the ACP States, is included in the resources of the Secretariat.
The ACP Secretariat undertakes to communicate to the Belgian Government the system of internal taxation that it adopted during the year following ratification of the headquarters agreement.
Where you can mark your agreement on this interpretation, this letter and your reply will form part of the headquarters agreement.

Please accept, Sir, the assurance of my highest consideration.
G. BERHANE to his Excellency Mr. W. Claes, Minister for Foreign Affairs, in Brussels.
Brussels, 26 April 1993.
Secretary General, I have the honour to acknowledge receipt of your letter of 26 April 1993, following: "at the time this sign the headquarters agreement between the Kingdom of Belgium and the Group of African States, the Caribbean and the Pacific, I have the honour to bring you the details below, concerning the scope of articles 18 (2) and 29 of the headquarters agreement". : The ACP Secretariat certifies that it pays to members of its staff a net salary, and, since its establishment in Belgium; the internal tax fixed in autonomous and sovereign manner by the ACP States, is included in the resources of the Secretariat.
The ACP Secretariat undertakes to communicate to the Belgian Government the system of internal taxation that he adapted, aware of the year following the ratification of the headquarters agreement.
Where you can mark your agreement on this interpretation, this letter and your reply will form part of the headquarters agreement.
"I have the honour to inform you that I agree on this proposal and that your letter and my reply constitute an agreement which will be an integral part of the headquarters agreement.
I take this opportunity, Mr Secretary-General, to renew the assurances of my high consideration.
W. CLAES A his Excellency Mr. G. Berhane, Secretary General of the Group of African States, the Caribbean and Pacific, in Brussels.
_ Note (3) in accordance with article 31, the agreement entered into force on 23 May 2000.