belgiquelex.be - Carrefour Bank of Legislation

5 JUIN 1998. - Act enacting the Headquarters Agreement between the Kingdom of Belgium and the Agency for Cultural and Technical Cooperation, done in Brussels on 16 November 1995 (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 Headquarters Agreement between the Kingdom of Belgium and the Agency for Cultural and Technical Cooperation, signed in Brussels on 16 November 1995, will come out 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 5 June 1998.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
The Minister of the Interior,
L. TOBBACK
Minister of Finance,
Ph. MAYSTADT
Minister of Employment and Labour,
Ms. M. SMET
The Minister of Social Affairs,
Ms. M. DE GALAN
Minister of Transport,
Mr. DAERDEN
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Session 1997-1998.
Senate.
Documents.
Bill tabled on 22 December 1997, No. 1-830/1.
Report, no. 1-830/2.
Text adopted in session and transmitted to the Chamber, no. 1-830/3.
Anals parliamentarians.
Discussion, meeting of 26 March 1998.
Voting, meeting of 26 March 1998.
Room.
Documents.
Project transmitted by the Senate, No. 49-1481/1.
Report, No. 49-1481/2.
Annales parliamentarians.
Discussion, meeting of 22 April 1998.
Voting, meeting of 28 April 1998.

Agreement between the Kingdom of Belgium and
the Agency for Cultural and Technical Cooperation
The Kingdom of Belgium
and
The Agency for Cultural and Technical Cooperation, referred to as ACCT,
Considering the Convention on the Agency for Cultural and Technical Cooperation, signed at Niamey, Niger on 20 March 1970, of which Belgium is a Contracting Party.
Given the decision of the CTA to establish a liaison office with the European Union in Belgium.
Desirous of entering into an agreement to clarify the regime of privileges and immunities necessary for the exercise of the functions of the CTA in Belgium,
agreed that:
CHAPTER I^er. - Privileges and immunities of the CCTA
Article 1^er. The CTA has the widest legal capacity recognized to legal persons. Its assets and assets used exclusively for the performance of official duties shall enjoy immunity from jurisdiction, except to the extent that the CTA expressly waived it in a particular case. A separate waiver is required for any enforcement action.
Art. 2. The premises used exclusively for the performance of the functions of the CTA liaison office are inviolable.
The consent of the CTA is required for access to its liaison office.
However, this consent is presumed to be acquired in the event of a fire or other disaster requiring immediate protection.
Belgium will take all appropriate measures to prevent the invasion or damage of the CTA premises, the troubled CTA peace or its diminished dignity.
Art. 3. Except as necessary for investigations to which an accident caused by a motor vehicle belonging to the said ACCT or circulating for qon count may result, or 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 CTA may not be subject to any form of requisition, confiscation, sequestration or other form of seizure or constraint, even for any purpose of a national nature.
If an expropriation was necessary for the same purposes, all appropriate arrangements would be made to prevent the expropriation from being obstable in the performance of the CTA functions and a prompt and adequate compensation would be paid to the CTA.
Belgium will provide assistance to allow the installation or relocation of the CTA liaison office.
Art. 4. The CCTA archives and, in general, all documents belonging to the CTA or held by it or by one of its officials are inviolable in any place they are located.
Art. 5. 1. The CTA may hold all currencies and have accounts in all currencies 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 quxquel funds will give rise to the constitution and activity of the CTA including the issuance and service of loans when the issuance of these funds has been authorized by Belgium.
Art. 6. The CTA, its assets, revenues and other assets assigned to the official use of the CTA are exempt from all direct taxes.
No direct tax exemption is granted for CTA revenues derived from an industrial or commercial activity carried out by the CTA or by one of its members on behalf of the CTA or its member countries.
Art. 7. Where the CTA makes significant purchases of real property or furniture or performs significant benefits, strictly necessary for the exercise of its official activities and the price of which includes indirect duties or taxes on sale, appropriate arrangements are made whenever possible for the remission or repayment of the amount of these duties and taxes.
Art. 8. 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 CTA may import all goods and publications intended for its official use.
Art. 9. The CTA is exempt from any domestic and local indirect taxes in respect of goods imported, acquired or exported by the CTA or on its behalf for its official use.
Art. 10. The CTA is exempt from all indirect national and local taxes in respect of official publications intended for it or sent abroad.
Art. 11. The property belonging to the CTA shall not be disposed of in Belgium unless it is subject to conditions prescribed by Belgian laws and regulations.
Art. 12. The CTA liaison office will not request the exemption of taxes, taxes or fees that are only the mere remuneration of public utility services.
Art. 13. Belgium guarantees the freedom of communication of the CTA for its official purposes.
The official correspondence of the CTA is inviolable.
CHAPTER II. - Representatives participating in the work of the CTA
Art. 14. Representatives of the States parties to the CTA participating in the work of the CTA, their technical advisers and experts, as well as officials of the CTA residing and having their centre of activity abroad, shall enjoy, during the performance of their duties, privileges, immunities or ease of use.
CHAPTER III. Staff regulations
Art. 15. The Director of the CTA Liaison Office in Belgium, and his deputy, enjoy diplomatic privileges and immunities.
Art. 16. 1. All officials of the CTA Liaison Office benefit from:
(a) the exemption of any tax on salaries, emoluments and allowances that are paid by the CTA from the day on which these revenues are subject to a tax for the benefit of the CTA, subject to Belgium's recognition of the domestic tax system;
Belgium reserves the opportunity to report 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 internatonal organizations with regard to currency and currency regulations;
2. CTA officials who do not benefit from the privileges and immunities of section 15 shall be entitled to:
(a) immunity from jurisdiction for acts performed in their official capacity, including their words and writings, that immunity persists after the termination of their duties;
(b) Inviolability for all official documents and documents.
3. CTA officials and their dependent family members are not subject to immigration and registration procedures.
4. The CTA notifies the arrival and departure of its officials to the Ministry of Foreign Affairs. The CCA also notifies the following information regarding its officials:
1. name and name;
2. place and date of birth;
3. sex;
4. nationality;
5. main residence (community, street, number);
6. civil status;
7. household composition.
Amendments to this information will be notified on a monthly basis. Public servants and dependants will be entitled to a special identity card.
Art. 17. The provisions of section 16.1. (a) do not apply to pensions and annuities paid by the CTA to its former civil servants in Belgium or their rightful persons, or to salaries, emoluments and allowances paid by the CTA to its local officials.
Art. 18. ATCC officials who do not engage in any other lucrative activity in Belgium than that resulting from their duties with the ATCC, as well as members of their families to their dependants and in Belgium no private occupation of a lucrative character, are not subject to Belgian legislation in the field of employment of foreign labour and in the field of the exercise by foreigners of independent professional activities.
Art. 19. 1. In the area of social security, the staff of the CTA liaison office in Belgium who are neither permanent nationals nor permanent residents of Belgium and do not exercise any private occupation of profit as required by their official functions may opt for the application of Belgian legislation.
2. This right of option can only be exercised once and within three months of taking office in Belgium.
3. With regard to those who opted for the Belgian regime, the CTA applies Belgian social security legislation.
4. With regard to persons who have declined the Belgian regime, the CTA has a duty to ensure that they are effectively covered by an adequate social security regime and Belgium will be able to obtain from the CTA the reimbursement of costs incurred by any social assistance.
Art. 20. 1. Without prejudice to the obligations that arise for Belgium of the provisions of the Treaty establishing the European Economic Community and of the application of the CTA shall be entitled, during the twelve-month period following their first taking of functions in Belgium, to import or acquire the value-added tax, the furniture members and an automobile intended for their personal use.
2. The Minister of Finance of the Government of Belgium sets the limits and conditions of application of this article.
Art. 21. Belgium is not required to grant its own permanent nationals or residents the benefits, privileges and immunities, except those mentioned in Article 16. 1. (a) of this Agreement.
However, they will benefit from immunity from jurisdiction for acts performed in their official capacity, including their words and writings.
CHAPTER IV. - General provisions
Art. 22. Privileges and immunities are granted to public servants only in the interest of the CTA and not to their personal benefit. The CTA Secretary General has the right and duty 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 CTA.
Art. 23. Belgium retains the right to take all necessary precautions in the interest of its security.
Art. 24. The persons referred to in Article 16 shall not enjoy immunity from jurisdiction in respect of cases of violation of the regulations on the movement of motor vehicles or domages caused by a motor vehicle.
Art. 25. CTA and CTA officials in Belgium must comply with all obligations imposed by Belgian civil liability insurance laws and regulations for the use of any motor vehicle.
Art. 26. The CTA officials will at any time cooperate with the competent Belgian authorities to facilitate the proper administration of justice, to ensure compliance with the police regulations and to avoid any abuses to which the privileges, immunities and facilities provided for in this Agreement may arise.
Art. 27. The CTA will be back 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 the tax collected for the benefit of the CTA, this form also mentions the amount of that tax.
The double sheets will be transmitted directly by the CTA before the same date to the competent Belgian Tax Authority.
Art. 28. The CTA liaison office, its local officials and agents are required to comply with Belgian laws and regulations.
Art. 29. Belgium does not rely on the activity of the CTA on its territory any international liability whatsoever for the acts and omissions of the CTA or for those of its officials acting or abstaining in the course of their duties.
Art. 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 CTA 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 V. - Final provisions
Art. 31. Each party shall notify the other party of the procedures required by its legislation for the implementation of this Agreement.
It will remain in force either during the validity period of the Convention relating to the Agency for Cultural and Technical Cooperation or until the expiry of a period of one year from the date on which one of the parties will inform the other of its intention to terminate it.
In faith, the respective Plenipotentiaries have signed this Agreement.
Done in Brussels on 16 November 1995, in two copies, in French and Dutch, both texts being equally authentic.
For the Kingdom of Belgium:
Erik DERYCKE,
Minister of Foreign Affairs
For the Agency for Cultural and Technical Cooperation:
Jean-Louis ROY,
Secretary-General

In accordance with Article 31, this Agreement entered into force on 30 September 1999 (entered into international force).