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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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15 JANVIER 1998. - An Act to approve the Headquarters Agreement between the Kingdom of Belgium and the Group of African, Caribbean and Pacific States, signed in Brussels on April 26, 1993 (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 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Headquarters Agreement between the Kingdom of Belgium and the Group of African, Caribbean and Pacific States, signed in Brussels on 26 April 1993, including the exchanges of the letters annexed thereto, will emerge its full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 January 1998.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
The Minister of the Interior,
J. VANDE LANOTTE
Minister of Finance,
Ph. MAYSTADT
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) 1996-1997 session:
Senate.
Documents. - Bill tabled on 27 June 1997, No. 1-694/1. - Report, no. 1-694/2. - Text adopted by the commission, no. 1-694/3.
Annales parliamentarians. - Discussion. Session of 16 July 1997. - Vote. Meeting of 17 July 1997.
Room.
Session 1996-1997:
Documents. - Project transmitted by the Senate, No. 1149/1.
Session 1997-1998:
Annales parliamentarians. - Discussion. Session of 9 December 1997. - Vote. Session of 11 December 1997.
(2) Federated entities
Decree of the French Community of 22 December 1997 (Moniteur belge of 15 August 1998); Flemish Community Decree of 9 February 1999 (Belgian Monitor 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 of 5 February 1998 (Moniteur belge of 27 February 1998); Order of the Brussels-Capital Region of 26 March 1998 (Belgian Monitor of 13 June 1998).

AGREEMENT OF SIEGE BELGIUM AND THE GROUP OF AFRICA, CARAIBES AND PACIFIC
The Kingdom of Belgium,
and
The Group of African, Caribbean and Pacific States,
Considering that the Georgetown Agreement of 6 June 1975 established the Group of African, Caribbean and Pacific States - below referred to as the ACP Group - and established a Council of ACP Ministers and a Committee of Ambassadors,
Considering that the Fourth ACP-EEC Convention of Lomé, referred to as "The Convention", to which Belgium is a party, was signed in Lomé on 15 December 1989,
Considering Protocol No. 3 on Privileges and Immunities annexed to the Lomé Convention, as well as the Community Declaration concerning Protocol No. 3, Annex LXXI,
Considering that the functioning of the ACP Group bodies is carried out by the ACP Secretariat, below referred to as the Secretariat,
Desiring to conclude an agreement with a view to clarifying the regime of privileges and immunities necessary for the exercise of the functions of the ACP Secretariat in Belgium,
The following agreed:
PART I. - Privileges and immunities of the Secretariat
CHAPTER I. - Legal personality
Article 1
The Secretariat has the widest legal capacity recognized to legal persons. In particular, it has the capacity to contract, acquire and dispose of real estate and furniture and to prosecute.
CHAPTER II. - Secretariat property
Article 2
The Secretariat, together with the assets and assets of the Secretariat used exclusively for the performance of its official functions, shall enjoy immunity from jurisdiction, except to the extent that the President of the Council of Ministers ACP established by the Convention has expressly waived it in a particular case. A separate waiver is required for any enforcement action.
Article 3
The premises used exclusively for the performance of Secretariat functions are inviolable.
The consent of the President of the ACP Council of Ministers is required for access to these premises. However, its consent is presumed to be acquired in the event of fire or other hazards requiring immediate protection.
Belgium will take all appropriate measures to prevent the Secretariat's premises from being invaded or damaged, the peace of the troubled Secretariat or its diminished dignity.
Article 4
The headquarters of the Secretariat shall be considered to be the premises of the Secretariat, which shall be constituted by the buildings and grounds used exclusively for the performance 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 as necessary for investigations to which an accident caused by a motor vehicle owned or operated by the Secretariat may take place, in the event of a violation of the regulation of motor traffic or of accidents caused by such a vehicle, the property and assets of the Secretariat may not be subject to any form of requisition, confiscation, sequestration or other form of seizure or constraint, even for purposes of national defence or of use
If an expropriation was necessary for the same purposes, all appropriate measures would be taken to prevent the exercise of the functions of the Secretariat and a prompt and adequate allowance would be paid to it.
Article 7
The archives of the Secretariat and, in general, all documents belonging to the Secretariat, held by it or by one of its officials, are inviolable in any place they are.
Article 8
The Secretariat may hold funds, gold or any currency and have accounts in any currency to the extent necessary for the execution of the transactions that are subject to its purpose.
In the exercise of the rights granted to it under this Agreement, the Secretariat shall take into account all representations of Belgium insofar as it considers that it may take action without prejudice to its own interests.
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 transfers and movements of funds to which the constitution and activity of the Secretariat will take place.
Article 9
The Secretariat, its assets, revenues and other exempt property from all direct taxes.
Article 10
Where the Secretariat makes significant purchases of real property or furniture or performs important benefits, strictly necessary for the performance of its official activities and whose price includes indirect duties or taxes on sale, appropriate arrangements are made whenever possible for the purpose of remission or repayment of the amount of such duties and taxes.
Article 11
Without prejudice to the obligations that arise for Belgium of the Community provisions and the application of the legal or regulatory, prohibitive or restrictive provisions concerning public order or security, public health or morals, the Secretariat may import in exemption any indirect taxes, any goods and publications intended for its official use.
Article 12
The Secretariat is exempt from any indirect taxes in respect of its official publications, which it provides for free dissemination.
Article 13
Goods belonging to the Secretariat may not be sold or otherwise disposed of in a costly or free manner in Belgium unless it is subject to conditions prescribed by Belgian laws and regulations.
Article 14
The Secretariat will not request the exemption of taxes, taxes and fees that are just the remuneration of public utility services.
CHAPTER III. - Communication facilities
Article 15
Belgium guarantees the freedom of communication of the Secretariat for its official purposes.
Correspondence from the Secretariat is inviolable.
PART II. - People
CHAPTER I
Persons involved in the work of the Secretariat
Article 16
Representatives of the States members of the Convention and participating in the work of the Institutions of the European Communities and/or the Secretariat as well as their technical advisers and experts shall enjoy, during the exercise of their functions, privileges, immunities and ease of use.
Article 17
The Secretary General, the Under-Secretary-General and other permanent members of the Secretariat ' s senior staff, appointed by the ACP States, as well as their spouse and minor children living in their homes, enjoy the immunities, privileges and facilities recognized to the diplomatic staff of diplomatic missions.
Article 18
The permanent staff members, other than the persons referred to in section 17, shall be exempted from any tax the salaries, emoluments and allowances paid to them by ACP States from the day on which such income is subject to tax for the benefit of ACP States.
However, Belgium has the right to consider such revenues to calculate the amount of tax payable on the taxable income of beneficiaries from other sources.
The tax exemption referred to in this section does not apply to pensions and annuities paid by ACP States to their former members of the higher-level staff and other agents or to their eligible persons.
Article 19
Permanent members of the Secretariat:
(a) receive immunity from jurisdiction for acts performed in their official capacity, including their words and writings; immunity persists after the termination of their duties;
(b) enjoy inviolability for all official documents and documents;
(c) enjoy with family members living in their homes the same exceptions to immigration provisions as those generally recognized to staff of international organizations.
Rule 20
The permanent members of the Secretariat shall enjoy, with respect to currency or exchange regulations, eases recognized by use to officials of international organizations.
Article 21
Without prejudice to the obligations that arise for Belgium of the provisions of the Treaty establishing the European Economic Community and the application of the legal or regulatory provisions, the staff of the Secretariat shall enjoy the right, on the occasion of their first taking of office in Belgium, to import furniture, including motor vehicles, as well as the personal effects they had in ownership and use in the country of their previous residence, and the right, at the end of their possession
Article 22
The permanent members of the Secretariat who do not carry out any other lucrative activity in Belgium than that resulting from their functions with the Secretariat, as well as members of their families living in their homes and not exercising in Belgium any private occupation of a lucrative character, are not subject to Belgian legislation in the area of employment of the foreign labour force and in the field of the exercise by foreigners of independent professional activities.
The Secretariat is required to notify the Ministry of Foreign Affairs before 1er March of each year, the specified information or any changes to the following information regarding its permanent members and other agents, namely:
1. name and name;
2. place and date of birth;
3. sex;
4. nationality;
5. main residence (community, street and n°);
6. civil status;
7. household composition;
8. date of entry in Belgium;
9. separation date.
These people, as well as family members living in their homes, will be entitled to a special identity card.
Article 23
In the area of social security, permanent members of the Secretariat who are neither nationals nor permanent residents of Belgium and do not exercise any occupation of a profit other than that required by their official functions may opt for the application of Belgian legislation.
This right of option can only be exercised once and within three months of taking office in Belgium.
With regard to persons who opted for the Belgian regime, the Secretariat applied Belgian social security legislation.
With regard to persons who have declined the Belgian regime, the Secretariat has a duty to ensure that they are effectively covered by an adequate social security regime and Belgium will be able to obtain reimbursement from the Secretariat for costs incurred by any social assistance.
Article 24
Belgium is not required to grant to its own permanent nationals or residents the benefits, privileges and immunities of this Agreement except those provided for in Article 18.
However, they will be granted immunity from jurisdiction for acts performed in their official capacity, including their words and writings; immunity persists after the termination of their duties.
PART III. - General provisions
Rule 25
Privileges and immunities are granted to Secretariat members only in the interest of the Secretariat and not in their personal benefit. The President of the Council of Ministers ACP has the right to 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 the Secretariat.
Rule 26
The persons referred to in Article 19 shall not enjoy immunity from jurisdiction in respect of cases of violation of regulations on the movement of motor vehicles or of damage caused by a motor vehicle.
Rule 27
The Secretariat and its staff must comply with all obligations imposed by Belgian civil liability insurance laws and regulations for the use of any motor vehicle.
Rule 28
The Secretariat and its staff shall cooperate at all times: with the competent Belgian authorities 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 29
The Secretariat will submit, before 1er 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 taxable for the benefit of ACP States, this form will also include the amount of this tax.
A double of the forms will be transmitted directly by the Secretariat, before the same date, to the Ministry of Foreign Affairs.
From the day on which the personnel referred to in section 18 are subject to a tax for the benefit of the ACP States, the transmission provided for in paragraph 2 of the article press is no longer required except for those who exercise a profit activity other than that resulting from their duties with the ACP Secretariat.
Rule 30
Without prejudice to their privileges and immunities, the Secretariat and its staff have a duty to respect Belgian laws and regulations.
PART IV. - Final provisions
Rule 31
This Agreement will be ratified by Belgium and approved by the ACP Group and the instruments will be exchanged in Brussels.
It will remain in force either for the duration of the Secretariat's establishment in Belgium, or until the expiration of one year from the date on which one of the Parties will notify the other of its intention to terminate it.
In faith, the respective Plenipotentiaries have signed this Agreement.
Done in Brussels on 26 April 1993, in two copies, in French, Dutch and English, the three texts being equally authentic.
For the Government of the Kingdom of Belgium:
W. CLAES
For the Group of African, Caribbean and Pacific States:
G. BERHANE

Brussels, 26 April 1993.
Mr. Secretary General,
At the time of signing the Headquarters Agreement between the ACP Group of States and the Kingdom of Belgium and taking into account the international composition of the ACP Secretariat, I have the honour, on behalf of my Government, to submit to you the following proposal:
The term "superior staff" means the heads of the three technical divisions of the CWA Secretariat, as well as the three equivalent senior officers, i.e. the heads of the legal, administrative and financial control department. In accordance with Article 17 of the Agreement, such persons and their spouses and their minor children living in their homes shall be accorded immunities, privileges and facilities recognized to members of diplomatic staff of diplomatic missions.
As a transitional measure, all other members of the ACP Secretariat, who have been granted diplomatic status, will be able to keep the latter for the duration of their functions with the Secretariat.
If you can sign your agreement on this interpretation, this letter and your response will be an integral part of the Headquarters Agreement.
I take this opportunity, Secretary General, to renew the assurance of my highest consideration.
W. CLAES
To His Excellency Mr. G. Berhane,
Secretary General of the Group of African, Caribbean and Pacific States in Brussels.
Brussels, 26 April 1993.
Minister,
I have the honour to acknowledge receipt of your letter dated 26 April 1993, which reads as follows:
"At the time of signing the Headquarters Agreement between the ACP Group and the Kingdom of Belgium and taking into account the international composition of the ACP Secretariat, I have the honour, on behalf of my Government, to submit to you the following proposal:
The term "superior staff" means the heads of the three technical divisions of the ACP Secretariat, as well as the three equivalent senior officers, i.e., the heads of the legal, administrative and financial control department. In accordance with Article 17 of the Agreement, such persons and their spouses and their minor children living in their homes will be granted immunity, deprivileges and facilities recognized to diplomatic personnel in diplomatic missions.
As a transitional measure, all other members of the ACP Secretariat, who have been granted diplomatic status to date, will be able to retain their functions in the Secretariat for the duration of the period.
If you can sign your agreement on this interpretation, this letter and your response will be an integral part of the Headquarters Agreement. »
I have the honour to inform you that I agree on this proposal and that your letter and response constitute an agreement that will be an integral part of the Headquarters Agreement.
Please accept, Minister, the assurance of my highest consideration.
G. BERHANE
To His Excellency Mr. W. Claes,
Minister of Foreign Affairs, Brussels.
Brussels, 26 April 1993.
Minister,
At the time of signing the Headquarters Agreement between the Kingdom of Belgium and the Group of African, Caribbean and Pacific States, I have the honour to provide you with the following details on the scope of Articles 18 (2) and 29 of the Headquarters Agreement:
The ACP Secretariat certifies that it pays its staff a net salary from its establishment in Belgium; the internal tax, set in an autonomous and sovereign manner by the ACP States, is included in the Secretariat's resources.
The ACP Secretariat undertakes to communicate to the Government of Belgium the internal taxation system it has adopted, in the year following the ratification of the Headquarters Agreement.
If you can sign your agreement on this interpretation, this letter and your response will be an integral part of the Headquarters Agreement.
Please accept, Minister, the assurance of my highest consideration.
G. BERHANE
To His Excellency Mr. W. Claes,
Minister of Foreign Affairs, Brussels.
Brussels, 26 April 1993.
Mr. Secretary General,
I have the honour to acknowledge receipt of your letter dated 26 April 1993, which reads as follows:
"At the time of signing the Headquarters Agreement between the Kingdom of Belgium and the Group of African States, the Caribbean and the Pacific, I have the honour to provide you with the following details on the scope of Articles 18 (2) and 29 of the Headquarters Agreement:
The ACP Secretariat certifies that it pays its staff a net salary from its establishment in Belgium; internal tax, which is self-contained and sovereign by ACP States, is included in Secretariat resources.
The ACP Secretariat undertakes to communicate to the Government of Belgium the internal tax system it has adapted, in the year following the ratification of the Headquarters Agreement.
If you can sign your agreement on this interpretation, this letter and your response will be an integral part of the Headquarters Agreement. »
I have the honour to inform you that I agree on this proposal and that your letter and response constitute an agreement that will be an integral part of the Headquarters Agreement.
I take this opportunity, Secretary General, to renew the assurance of my highest consideration.
W. CLAES
To His Excellency Mr. G. Berhane,
Secretary General of the Group of African, Caribbean and Pacific States in Brussels.
____
Note
(3) Pursuant to Article 31, this Agreement entered into force on 23 May 2000.