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10 JUIN 2014. - Act to approve the Headquarters Agreement between the Kingdom of Belgium and the Common Market for Eastern and Southern Africa, signed in Brussels on 2 March 2007 (1)(2)(3)

PHILIPPE, 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 Common Market of Eastern and Southern Africa, signed in Brussels on 2 March 2007, will be a full and full effect.
Art. 3. This Act is effective March 2, 2007.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 June 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of Foreign Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of the Interior,
Ms. J. MILQUET
Deputy Prime Minister and Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
The Minister of Justice,
Ms. A. TURTELBOOM
The Minister of Finance,
K. GEENS
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Senate (www.senate.be):
Documents: 5-2756
Annales du Senate: 04/03/2014
House of Representatives (www.lachambre.be):
Documents: 53-3536
Full report: 23/04/2014.
(2) See Decree of the Flemish Community/Flemish Region of 3 April 2009 (Belgian Monitor of 18/06/2009), Decree of the French Community of 21 April 2016 (Belgian Monitor of 04/05/2016), Decree of the German-speaking Community of 19 April 2010 (Belgian Monitor of 19/05/2010), Decree of the Walloon Region of 3 March 2016 (Belgianish Monitor of 15/03/2016), Order of the Belgian Region
(3) Effective date: 01/07/2016 (art. 31)
SIEGE AGREEMENT
ENTER
BELGIUM ROYAUME
AND
THE COMMON MARKING OF AFRICA AND AUSTRAL
SIEGE AGREEMENT
ENTER
BELGIUM ROYAUME
AND
THE COMMON MARKING OF AFRICA AND AUSTRAL
BELGIUM,
hereinafter referred to as "Belgium",
and
THE COMMON MARKING OF AFRICA AND AUSTRAL,
hereinafter referred to as "the COMESA",
VU the Treaty establishing the Common Market for Eastern and Southern Africa, signed in Kampala, Uganda, on 5 November 1993 and ratified in Lilongwe, Malawi, on 8 December 1994;
REPONDING COMESA's desire to install a liaison office in Belgium, below referred to as "the Bureau";
REQUESTS to enter into an agreement to determine the privileges and immunities necessary for the operation of the Office and for the proper performance of its staff;
AGAINST the following:
CHAPTER I
PERSONALITY, PRIVILEGES AND IMMUNITES
OF LIAISON OF COMESA
Article 1
International legal personality and capacity are recognized in the Office.
Article 2
The Office and the COMESA assets and assets used for the performance of the Office's official functions shall enjoy immunity from jurisdiction except to the extent that the Office expressly waives it.
Article 3
1. COMESA's assets and assets used for the performance of the Office's official functions are not subject to any form of requisition, confiscation, sequester or other form of seizure or constraint.
2. If an expropriation was necessary, all appropriate arrangements would be made to prevent the Office from being obstructed. In this case, Belgium would provide assistance to allow the relocation of the Bureau.
Article 4
The archives of the Bureau and, in general, all documents belonging to it or held by it are inviolable.
Article 5
1. The premises used exclusively for the performance of the Office's official functions are inviolable. The consent of the Bureau representative is required for access to its premises.
2. However, this consent is presumed to be acquired in the event of an emergency requiring immediate protection.
3. Belgium will take all appropriate measures to prevent the premises from being invaded or damaged, the peace of the troubled Bureau or its diminished dignity.
Article 6
1. Without prejudice to the international provisions and European Community provisions in this regard, the Bureau may hold in Belgium any currency and have accounts in all currencies to the extent necessary for the execution of the operations that are relevant to 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 funds to which the Bureau's constitution and activity will take place.
Article 7
1. The Office, its assets, revenues and other assets for its official use are exempt from all direct taxes.
2. No direct tax exemption is granted for Bureau revenues derived from an industrial or commercial activity that would be carried out by the Bureau or by one of its members on behalf of the Bureau.
Article 8
Where the Office makes significant purchases of real property or furniture or performs important service benefits, strictly necessary for the performance of its official activities and the cost of which includes indirect duties or VAT, appropriate arrangements are made whenever possible for the purpose of remission or repayment of the amount of such duties and taxes.
Article 9
The Bureau is exempt from any indirect taxes in respect of goods imported, acquired or exported by it or on its behalf for its official use.
Article 10
Without prejudice to Belgium's obligations with respect to European Union treaties and the application of legal and regulatory provisions concerning public order, security, health or morals, the Bureau may import all goods and publications intended for its official use.
Article 11
The Office is exempt from any indirect taxes on official publications intended for it or sent abroad.
Article 12
Property belonging to the Bureau can only be disposed of in Belgium under the conditions prescribed by Belgian laws and regulations.
Article 13
The Office is not exempt from taxes, taxes or duties that are only the mere remuneration of public utility services.
Article 14
The Office ' s freedom of communication for its official purposes is guaranteed. His official correspondence is inviolable.
Article 15
Without prejudice to Belgium's obligations to the treaties relating to the European Union and to the application of the legal and regulatory provisions, the terms and conditions for the application of Articles 7, 8, 9, 10, 11 and 12 and the exemptions resulting from Article 17.1 (a) are determined by the Minister of Finance.
CHAPTER II
STATUS OF PERSONNEL
Article 16
The Chief of the Office and its Deputy shall be granted the immunities, privileges and facilities recognized to diplomatic personnel in diplomatic missions. Their spouse and their minor children, dependant and living in their homes, benefit from the benefits recognized to the spouse and children under diplomatic personnel.
Article 17
1. All staff and officers of the Office are entitled to:
(a) the exemption of any tax on the salaries, emoluments and allowances paid to them by COMESA, beginning on the day that these revenues will be subject to tax for the benefit of COMESA, subject to Belgium's recognition of the domestic tax system; Belgium reserves the opportunity to take into account 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 international organizations with regard to currency or exchange regulations.
2. All staff and officers of the Office are entitled to:
(a) immunity from jurisdiction for acts performed in their official capacity, including their words and writings, that immunity persists after termination of their duties;
(b) Inviolability for all official documents and documents.
3. All officials and officers of the Bureau, as well as their legal spouse and their minor children, dependant and living in their homes, are not subject to immigration or registration procedures for foreigners. This exemption is granted in accordance with Belgian legislation.
4. The Bureau notifies the arrival and departure of its officials and agents to the Federal Public Service Protocol Directorate for Foreign Affairs and also notifies the information specified below with respect to all its officials and agents:
(a) name and first name
(b) place and date of birth
(c) sex
(d) nationality
(e) Main residence (commune, street, number)
(f) Civilian status
(g) household composition
(h) the social protection system chosen by the staff member
Any changes to the data specified above shall be reported within two weeks to the Federal Public Service Foreign Service Protocol Directorate.
Article 18
The provisions of Article 17.1 (a) do not apply to pensions and annuities paid by COMESA to its former civil servants and agents in Belgium or to their rights, salaries, emoluments and allowances paid by COMESA or the Bureau to its agents engaged for a period of less than one year or who do not occupy a permanent job of COMESA in respect of the mission and the statutory rules of COMESA.
Article 19
1. Without prejudice to the obligations that arise for Belgium of the treaties relating to the European Union and the application of the legal and regulatory provisions, officials and agents of the Bureau, apart from those mentioned in Article 16, shall enjoy the right for the period of twelve months following their first taking of functions to import or acquire, free of customs duties and the Value-Added Tax, furniture and a car intended for their personal use in Belgium.
2. The Minister of Finance shall determine the limits and conditions of application of this Article.
Rule 20
Belgium is not required to grant to its own permanent nationals or residents the benefits, privileges and immunities, except those mentioned in article 17.1 (a) of this Agreement.
Article 21
For the performance of their official duties with the Bureau, officials and officers of the Bureau are not subject to Belgian legislation in the field of employment of foreign labour and in the exercise by foreigners of independent professional activities.
Article 22
The Office will issue a specification sheet to all recipients by 1 March of each year in addition to their name and address, the amount of salary, emoluments, allowances, pensions or annuities paid by COMESA or the Bureau during the previous year.
With respect to salaries, emoluments and allowances that are taxable for COMESA, this form also mentions the amount of this tax.
Similarly, the double sheets will be transmitted directly by the Bureau before the same date to the competent Belgian tax administration.
Article 23
1. Officials and officers of the Bureau who are neither Belgian nationals nor permanent residents in Belgium and who do not exercise any other occupation of a profit nature other than that required by their functions may opt for affiliation with the social security regimes applicable to COMESA officials and agents according to the rules of these regimes. This right of option must be exercised within two weeks of the employee's or agent's appointment. It shall, within the same period, be notified in accordance with Article 17.4.
2. The Bureau will ensure that the Belgian social security system is affiliated with Belgian officials and agents or permanent residents, as well as officials and agents who are not covered by (or who have not opted for) the social protection provided for by COMESA itself.
3. COMESA is committed to ensuring that officials and agents in office in Belgium who are affiliated with its social security regimes, as well as their spouse and minor children, dependent and living in their homes, as referred to in Article 17.3, benefits equivalent to those provided by the Belgian social security system.
4. Agents hired by the Bureau who do not occupy a permanent job of COMESA with regard to the mission and statutory rules of this Organization, as well as the dependants, will be affiliated with the Belgian social security system.
5. Belgium may obtain from the Bureau or COMESA the reimbursement of costs incurred for any social assistance that it would be required to provide to COMESA officials and agents, assigned to the Bureau, who are affiliated with the social security regimes applicable to COMESA officials and agents.
CHAPTER III
GENERAL PROVISIONS
Article 24
Privileges and immunities are granted to officers and officers only in the interests of COMESA and not to their personal benefit. The Chief of the Bureau must lift immunity in all cases where such immunity would hamper the action of justice and may be lifted without prejudice to the proper functioning of the Office.
Rule 25
Without prejudice to the rights conferred on the Bureau and its officials and agents by this Agreement, Belgium retains the right to take all necessary precautions in the interest of its security.
Rule 26
1. Persons referred to in Articles 16 and 17 shall not enjoy immunity from jurisdiction in respect of cases of violations of the regulations on the movement of motor vehicles or of damage caused by a motor vehicle.
2. The Bureau and its officials and agents must comply with all obligations imposed by Belgian civil liability insurance legislation for the use of any motor vehicle.
Rule 27
The Bureau and all its officials and agents will cooperate at all times with the competent Belgian authorities to facilitate the proper administration of justice, to ensure compliance with police regulations and to avoid any abuse of privileges, immunities and facilities provided for in this Agreement.
Rule 28
COMESA, the Bureau, as well as all their officials and agents are required to comply with Belgian laws and regulations and the court decisions rendered in respect of them.
Rule 29
Belgium does not rely on the Bureau's activity in its territory any international responsibility whatsoever for the acts and omissions of the Bureau or for those of its officials and agents acting or abstaining in the course of their duties.
Rule 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. Each party shall designate a member of the arbitration tribunal.
3. The third member of the Arbitration Tribunal shall be designated by both Parties after consultation.
4. The third member will be the President of the Arbitration Court.
5. In the event of disagreement with the person of the third member of the Arbitration Court, the latter shall be designated by the President of the International Court of Justice at the request of the Parties.
6. The arbitration tribunal shall be seized by either Party by way of an application.
7. The Arbitration Court sets out its own procedure.
CHAPTER IV
FINAL PROVISIONS
Rule 31
Each Party shall notify the other of the fulfilment of the domestic constitutional and legal procedures required for the implementation of this Agreement.
The Agreement will enter into force on the first day of the second month following the date of exchange of the last notification.
This Agreement may be subject to review at the request of one of the Parties.
IN WITNESS WHEREOF, the Representatives of the Kingdom of Belgium and the Common Market of Eastern and Southern Africa have signed this Agreement.
DONE in Brussels on 2 March 2007, in three copies, in the English, French and Dutch languages, texts in the English and French language being authentic.