Posted the: 1999-12-11 Numac: 1999015196 Ministry of Foreign Affairs, international trade and international COOPERATION 5 June 1998. -Law concerning consent to the headquarters agreement between the Kingdom of Belgium and the cultural and Technical Cooperation Agency, done at Brussels on 16 November 1995 (1) 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 Agency for cultural and Technical Cooperation, signed in Brussels on 16 November 1995, 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, 5 June 1998.
ALBERT by the King: the Minister for foreign etrangees, E. DERYCKE. the Minister of the Interior, L. TOBBACK. the Minister of finance, Ph. MAYSTADT Minister of employment and labour, Mrs M. SMET Minister of Social Affairs, Mrs M. DE GALAN the Minister of transport, Mr. DAERDEN. the Minister of Justice, T. VAN PARYS sealed with the seal of the State : The Minister of Justice, T. VAN PARYS _ Note (1) 1997-1998 Session.
Bill filed on December 22, 1997, no. 1 - 830/1.
Report, no. 1-830/2.
Text adopted at the meeting and forwarded to the House, no 1-830/3.
Discussion, meeting of March 26, 1998.
Vote, meeting of March 26, 1998.
Draft transmitted by the Senate, no. 49-1481/1.
Report, no. 49-1481/2.
Discussion, meeting of April 22, 1998.
Vote, meeting of April 28, 1998.
Headquarters agreement between the Kingdom of Belgium and the Agency for cultural and Technical Cooperation the Kingdom of Belgium and the Cultural Cooperation Agency and technical, hereinafter ACCT, whereas the Convention on the Agency of cultural and Technical Cooperation, signed at Niamey, Niger, on March 20, 1970, including the Belgium is a Contracting Party.
Having regard to the decision of the Agency to establish an office for liaison with the European Union in Belgium.
Desiring to conclude an agreement to clarify the regime of privileges and immunities necessary for the exercise of the functions of the Agency in Belgium, have agreed what follows: chapter I:.
-Privileges and immunities of the ACCT Article 1. The ACTC has the most extensive legal capacity accorded to legal persons. Its property and assets used solely for the performance of official duties shall enjoy immunity from jurisdiction, except to the extent where the ACTC has expressly waived in a particular case. A separate waiver is necessary for any implementing measures.
S. 2. the premises used exclusively for the exercise of the functions of the liaison office of the ACCT are inviolable.
The consent of the ACTC is required for access to its liaison office.
However, this 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 ACTC overgrown or damaged, the peace of the troubled ACCT or diminished dignity.
S. 3. except to the extent necessary for investigations in which an accident caused by a motor vehicle belonging to the said ACCT or circulating for qon account may give rise, or in the case of infringement of the regulation of vehicular traffic or accidents caused by such a vehicle, the property and assets of the Agency cannot be the subject of any form of requisition, confiscation receiver and other form of seizure or constraint, even for purposes of national defence or public utility.
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 ACTC and prompt and adequate compensation would be paid.
The Belgium will provide its assistance to allow the installation or reinstallation of the liaison office of the ACTC.
S. 4. the archives of the ACCT, and generally, all documents belonging to the ACCT or held by it or by one of its officials shall be inviolable, wherever they are.
5 1. The ACTC may hold all currencies and have accounts in all currencies to the extent necessary for the implementation of operations responding to its object.
2. the Belgium undertakes to grant the necessary permissions to perform, following the procedures laid down in national regulations and applicable international agreements, all movements of funds quxquels will lead the constitution and activity of the Agency including the issuance and servicing its borrowing operations when the issue of the latter will be authorized by the Belgium.
S. 6. the ACCT, its assets, income and other assets assigned to the official use of the ACCT are exempt from all direct taxes.
No direct tax exemption is granted for ACCT revenues coming from an industrial or commercial activity exercised by the ACCT or by one of its members on behalf of the ACCT or country members.
S. 7. when the ACCT 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.
S. 8. without prejudice to the obligations arising for Belgium of Community provisions and the application of legal, regulatory, prohibitory or restrictive provisions concerning the order or security public health or public morals, the ACTC can import all goods and publications intended for its official use.
S. 9. the ACCT is exempt from all indirect taxes national and local with respect to imported goods, acquired or exported by it or on its behalf for its official use.
S. 10. the ACCT is exempt from all local and national indirect taxes with respect to official publications which are intended, or it sends abroad.
S. 11. ACCT-owned property cannot be assigned in Belgium, unless what is conditions prescribed by the Belgian laws and regulations.
S. 12. the liaison of the ACTC office will not request exemption from taxes, taxes or charges which are just simple public utilities services pay.
S. 13. the Belgium guarantees freedom of communication of the ACTC for its official purposes.
The official correspondence of the ACTC is inviolable.
CHAPTER II. -Representatives participating in the work of art ACCT.
14. the representatives of the States parties to the Agency participating in the work of the ACCT, their advisers and technical experts, as well as officials of the ACTC residing and having their centre activity abroad, shall enjoy, during the exercise of their functions, the privileges, immunities or facilities to use.
CHAPTER III. -Status of staff s. 15. the Director of the liaison office of the ACCT in Belgium, and his Deputy, enjoy the diplomatic privileges and immunities.
16 1. All staff of the liaison office of the ACCT: has) exemption from taxation on the salaries, emoluments and allowances which are paid by the ACCT and effective agenda where such income will be subject to a tax for the benefit of the Agency, subject to recognition by the Belgium's internal tax system;
The Belgium reserves the right to report these salaries, emoluments and allowances for the calculation of the amount of tax collectible on taxable income from other sources.
(b) facilities accorded to the officials of organizations items with regard to monetary or foreign exchange regulations;
2. officials of ACCT who do not benefit from the privileges and immunities of article 15, benefit from: a) immunity for acts performed in their official capacity, including their words and writings, this immunity persisted after the termination of their functions;
b) inviolability for all papers and documents.
3. officials of the ACTC and the members of their family dependants are not subject to the provisions limiting immigration or to formalities for the registration of aliens.
4 the ACCT notifies the arrival and the departure of its officials in the Ministry of Foreign Affairs. The ACTC also notifies the specified information below about its officials: 1. name and surname;
2. place and date of birth;
5. main residence (town, street, number);
6. civil status;
7. composition of the household.
Changes to this information will be reported monthly. Officials and members of the family will be entitled to a special identity card.
S. 17. the provisions of section 16.1. (a) does not apply to pensions and annuities paid by the ACCT to its former officials in Belgium or their privies, or salaries, emoluments and allowances paid by the ACTC in its local agents.
S. 18. ACCT officials who are practising in Belgium any other gainful activity than that resulting from their duties with the ACCT, as well as members of their family dependants and exercising in Belgium any occupation private non-profit character, are not subject to the Belgian legislation governing employment of foreign labour and material
exercise by foreigners of independent professional activities.
S. 19 1. Social security, members of the staff of the liaison office of the ACCT in Belgium who are neither citizens nor permanent residents of the Belgium and there are no occupancy private profit caracter that one required by their official duties can opt for the application of Belgian legislation.
2. this right of option may be exercised only once and within three months of taking office in Belgium.
3. implemented regarding people who have opted for the Belgian scheme, the ACCT Belgian legislation on social security.
4. as regards persons declined the Belgian scheme, the ACTC has a duty to ensure that they are actually covered by a proper social security system and the Belgium may obtain the ACTC reimbursement of the costs of all social assistance.
S. 20 1.
Without prejudice to the obligations arising for Belgium from the provisions of the Treaty establishing the European Economic Community and the application of the ACTC shall enjoy the right, during the period of twelve months following their first assumption of office in Belgium, to import or acquire free of value added tax, chattels members and a car for their personal use.
2. the Minister of Finance of the Belgian Government set the limits and conditions for the application of this article.
S. 21. the Belgium is not obliged to grant its own nationals or permanent residents the advantages, privileges and immunities, with the exception of those referred to in article 16. 1. a) of this agreement.
However, they beneficiereont of immunity from jurisdiction for acts performed in their official capacity, including their words and written.
CHAPTER IV. -Provisions general article 22. the privileges and immunities are granted to officials only in the interest of the ACCT and not for their personal benefit. The Secretary general of the ACTC has the right and the duty 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 Agency.
23. the Belgium retains the right to take all useful precautions in the interests of its security.
24. the persons mentioned in article 16 do not enjoy any immunity from legal process in relation to cases of infringement of the rules on the movement of motor vehicles or damages occasioned by a motor vehicle.
S. 25. the ACCT and the officials of the ACCT in Belgium must comply with all the obligations imposed by the laws and Belgian regulations on insurance of civil liability for the use of any motor vehicle.
26. officials of ACCT collaborate anytime 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.
S. 27. the ACCT will provide before March 1 of each year to all beneficiaries, a card specifying in addition to their names and address, the amount of salaries, emoluments, allowances, pensions or annuities that it paid them in the previous year. With regard to the salaries, emoluments and allowances subject of tax levied for the benefit of the ACCT, this plug also refers to the amount of this tax.
Double sheets will be forwarded directly by the ACCT before the same date to the Belgian tax authorities competent.
28. the office of binding of the ACCT, its staff and local staff are required to comply with the Belgian laws and regulations.
S. 29 the Belgium is liable due to the activity of the ACTC in its territory any international responsibility any for acts and omissions of the ACCT or for those of its officials acting or abstaining in the context of their duties.
30 1. Any divergence of views concerning the application or interpretation of the present agreement, which could not be settled by direct between the parties talks, may be submitted by one of the parties, at the discretion of a Court of arbitration consisting of three members.
2. the Belgian Government and the Agency shall each designate a member of the arbitration tribunal.
3. the appointed members elect their president.
4. in the event of a disagreement between the members about the person of the president, the latter is appointed by the President of the International Court of Justice at the request of the members of the arbitral tribunal.
5. the arbitration tribunal is seized by another party by way of motion.
6. the arbitration tribunal establishes its own procedure.
Chapter V. - Provisions finals s. 31. each of the parties shall notify to the other the completion of the procedures required by its law for the bringing into force of this agreement.
It will remain in force either during the period of validity of the Convention on cultural and Technical Cooperation Agency, or until the expiration of a period of one year from the date on which one of the parties inform the other of its intention to terminate.
In witness whereof, the respective Plenipotentiaries have signed this agreement.
Done at Brussels, 16 November 1995, in duplicate, in Dutch and French languages both texts being equally authentic.
For the Kingdom of Belgium: Erik DERYCKE, Minister for Foreign Affairs for the Agency of cultural and Technical Cooperation: Jean-Louis ROY, general Secretary in accordance with article 31, the agreement entered into force on 30 September 1999 (entry into force international).