FEDERAL PUBLIC SERVICE FOREIGN AFFAIRS, FOREIGN TRADE AND DEVELOPMENT COOPERATION
10 June 2014 - Law approving 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)
King of the Belgians,
all, present and future, Hi.
The Chambers have adopted and We sanction the following
Article 1. This Act regulates a matter referred
with Article 77 of the Constitution.
Art. 2. The Headquarters Agreement between the Kingdom of Belgium and the
Common Market for Eastern and Southern Africa, signed in Brussels on 2 March 2007, will release his full and complete effect
Art. 3. This Act takes effect on 2 March 2007.
promulgate this Act and order that self seal of the State and published in the Belgian Official Gazette.
Given at Brussels, 10 June 2014. PHILIPPE
By the King: The
Deputy Prime Minister and Minister of Foreign Affairs, D
REYNDERS Deputy Prime Minister and Minister of Interior
Mrs. J. Milquet Deputy Prime Minister and Minister of Social Affairs and Public
Health || |
L. Onkelinx the Minister of Justice, Mrs A.
TURTELBOOM Finance Minister, K
sealed with the seal of the State:
The Minister of Justice, Mrs A. TURTELBOOM
Senate ( www.senate.be)
Annals of the Senate: 04/03/2014
House of representatives (www.lachambre.be)
Documents: 53 -3536
verbatim account: 23/04/2014.
See Decree of the Flemish Community / Flemish Region of 3 April 2009 (Belgian Official Gazette of 18/06/2009)
Decree of the French Community of 21 April 2016 (Moniteur Belge 04.05.2016), German-speaking Community Decree
April 19, 2010 (Belgian Official Gazette of 19/05/2010), Decree of the Walloon Region of 3 March 2016
(Moniteur Belge, 15/03 / 2016), Order of the Brussels-Capital Region of 4 February 2010
(Belgian Official Gazette of 11/02/2010).
(3) Effective Date: 07/01/2016 (. Art 31)
OF AGREEMENT BETWEEN SEAT
THE KINGDOM OF BELGIUM AND
THE COMMON MARKET FOR EASTERN AND SOUTHERN AFRICA
HEADQUARTERS AGREEMENT BETWEEN THE KINGDOM OF BELGIUM
COMMON MARKET OF EASTERN AND SOUTHERN AFRICA || | tHE KINGDOM oF BELGIUM,
hereinafter "Belgium" and
tHE COMMON MARKET FOR EASTERN aND SOUTHERN AFRICA,
called hereinafter "the COMESA, "
CONSIDERING the Treaty establishing the common market for Eastern and Southern Africa,
signed in Kampala (Uganda) on 5 November 1993 and ratified in Lilongwe (Malawi) December 8, 1994;
RESPONDENT desire COMESA install a Liaison Office in Belgium, hereinafter referred to as "the Bureau";
Desiring to conclude an agreement to determine the privileges and immunities necessary for
operation of the Office and to the accomplishment of the mission of its staff;
AGREED as follows
CHAPTER I PERSONALITY, PRIVILEGES AND IMMUNITIES OF THE LIAISON OFFICE
COMESA Article 1
Personality and international legal capacity are recognized
Article 2 The Office as well as goods and COMESA
assets used for the performance of official functions of the Office shall enjoy immunity from jurisdiction except in
Because the Bureau waives specifically.
Article 3 1. The property and assets of the COMESA
used for the performance of official functions of the Office can not be
any form of requisition, confiscation, sequestration or other form of seizure or constraint.
If expropriation is necessary, all appropriate measures shall be taken to prevent
it impedes the exercise of the functions of the Bureau. In this case Belgium
give its assistance to enable relocation of the Office. Article 4
The archives of the Office and, in general, all documents belonging to or held by it shall be inviolable. Article 5
1. The premises used exclusively for the performance of official duties of the Bureau are
inviolable. The consent of the Representative Office is required for access to its premises.
However, this consent is assumed in case of emergency requiring immediate protective measures. 3
Belgium shall take all appropriate measures to prevent the premises from intrusion or damage,
peace disturbed Office or its dignity. Article 6
1. Without prejudice to the provisions
international and European Community legislation on the matter, the Bureau may hold in Belgium
any currency and have accounts in any currency to the extent necessary
To the execution of transactions required for its purpose.
2. Belgium undertakes to grant the necessary permissions to make
, in the manner prescribed in national regulations
and applicable international agreements, all funds arising will lead the constitution and activity
from the office.
Article 7 1. The Office, its assets, income and other
goods for its official use shall be exempt from all direct taxes.
2. No live
tax exemption shall be granted for incomes of officers who come from a trade or business
which would be exercised by the Board or by one of its members on behalf of the Bureau. Article 8
When the Bureau makes substantial purchases of movable or immovable property made or
perform important service delivery, strictly necessary for the exercise of its official activities and whose
the price includes indirect taxes or VAT,
appropriate provisions are made whenever possible in order to remit or refund the amount of such duties and taxes
Article 9 The Office is exempt from all indirect taxes in
against imported goods, acquired or exported by it or on its behalf for its official use. Article 10
Without prejudice to any obligations arising for Belgium from the treaties on
EU and the implementation of legal and regulatory provisions regarding 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 all indirect taxes in respect
official publications intended for it or sends abroad. Article 12
The office property can not be transferred in Belgium, which under the terms prescribed by
Belgian laws and regulations.
Article 13 The Board is not exempt of taxes
or dues which amount merely to charges for public utility services. Article 14
The freedom of communication of the Office for official purposes is guaranteed.
Its official correspondence shall be inviolable.
Article 15 Without prejudice to the obligations arising for Belgium
treaties to the European Union and the implementation of legal and regulatory provisions
, conditions and procedures for applying the Articles 7, 8, 9, 10, 11 and 12 and
exemptions resulting from Article 17.1 a) are determined by the competent Minister of Finance. CHAPTER II
STATUS OF STAFF Article 16
The Head of Office and his deputy have
immunities, privileges and facilities granted to diplomatic personnel of diplomatic missions.
Their spouses and their minor children and dependents living with them, enjoy the recognized benefits
to the spouse and minor children of diplomatic personnel.
Article 17 1.
All officials and employees of the Office benefit:
a) exemption from taxation on salaries, emoluments and allowances
paid to them by COMESA and to the date on which such income
will be subject to a tax for the benefit of COMESA, subject to recognition by Belgium's internal
tax system; Belgium reserves the right to take these salaries, emoluments and allowances
for calculating the amount of tax payable on income from other sources;
facilities granted to officials of international organizations regarding monetary or exchange regulations
2. All officials and agents of the Bureau of benefit:
state immunity for acts performed in their official capacity, including their words spoken or written
This persistent immunity after leaving office ;
inviolability for all their official papers and documents. 3
. All officials and agents of the Bureau
well as their legal spouse and their minor children and dependents living with them, are not
subject to immigration restrictions or to alien registration .
This exemption is granted pursuant to the Belgian legislation.
4. The Office notifies
arrival and departure of its officials and agents to the Protocol Directorate of the Federal Public Service for Foreign Affairs
and also notify the information specified below concerning all
its officials and agents :
a) full name
b) place and date of birth
sex d) nationality
e) residence (town, street, number) || | f) civil status
g) household composition
H) the social security scheme chosen by the member
Staff Changes specified data before it must be reported within two weeks
to the Protocol Directorate of the Federal Public Service Foreign Affairs . Article 18
The provisions of Article 17.1 a) shall not apply to pensions and annuities paid by
COMESA to its former officials and agents in Belgium or their beneficiaries, or to salaries, emoluments and allowances paid
by COMESA or by the Bureau to its agents engaged for a period of
less than one year or who do not occupy a permanent job COMESA given mission
and statutory rules of that organization.
Article 19 1. Without prejudice to any obligations arising for Belgium
treaties to the European Union and the application of laws and regulations
, officials and agents of the Bureau, apart from those mentioned in Article || | 16, have the right during the twelve months following their first taking office
import or acquire, free of customs duties and value added tax, the household furniture
and a car for their personal use in Belgium.
2. The Minister of Finance competent
set the limits and conditions of application of this article. Article 20
The Belgium is not required to grant to its own nationals or permanent residents the advantages, privileges and immunities
, with the exception of those mentioned in Article 17.1 a) of this Agreement. Article 21
For the exercise of their official duties in the Office, officials and
Office agents are not subject to Belgian legislation on employment of the hand of
foreign work and matters concerning the exercise by foreign independent professional activities. Article 22
The Bureau will present before 1 March each year, to all beneficiaries a sheet specifying
their names and address, the amount of the salaries, emoluments, allowances, pensions or annuities
COMESA or the Bureau paid to them during the previous year.
salaries, emoluments and allowances liable to tax in favor of COMESA, this card also mentions
the amount of the tax.
Similarly, the duplicate shall be transmitted by the Office
by the same date to the competent Belgian tax authorities.
Article 23 1.
Officials and agents of the Bureau who are not Belgian nationals or permanent residents who are
Belgium and carry on any other gainful occupation as that required by their
functions can opt for affiliation to social security schemes for civil servants and
COMESA agents according to the rules of these schemes. This right of option must be exercised within two weeks
following the inauguration of the official or agent. It must, at the same time, be notified
accordance with Article 17.4.
2. The Office will provide affiliation to the Belgian social security system
Belgian officials and officers or permanent residents as well as
officials and employees who are not covered by (or do not choose) the social protection provided by COMESA
. COMESA is committed to ensure that officials and agents based in Belgium
affiliated to its social security schemes, and their spouses and minor children, and
dependents living with them, referred to in Article 17.3, advantages equivalent to those provided by the
Belgian social security scheme.
4. Staff engaged by the Bureau who do not occupy a permanent job
COMESA given the mission and the statutory regulations of this Organization and
that their dependents will be affiliated to the social security scheme Belgian.
5. Belgium may obtain the
Office COMESA or the reimbursement of expenses incurred for any assistance
social character it may provide the COMESA officials and agents assigned
Bureau, affiliated the social security schemes applicable to officials and agents
CHAPTER III GENERAL PROVISIONS Article 24
The privileges and immunities are granted to officials and agents of the Office in the interests of COMESA
and not for their personal benefit. The Head of Office shall waive the immunity in all cases where this
immunity would impede the course of justice and where it can be waived without prejudice to the proper functioning of the Office
Article 25 Without prejudice to the rights conferred to the Office and its officials
Agents and by this Agreement, Belgium reserves the right to take all precautions
in the interest of safety.
Article 26 1. The persons mentioned in Articles 16 and 17
enjoy no immunity regarding cases of violations of
regulations on the movement of motor vehicles or damage caused by a motor vehicle.
The Office and its officials and agents must comply with all obligations imposed by
Belgian legislation on liability insurance for the use of any motor vehicle
Article 27 The Office and all its officers and agents work together
at all times with the competent Belgian authorities to facilitate the proper administration of justice
, ensure regulatory compliance Police and to prevent any abuse of the privileges, immunities and facilities provided
in this Agreement. Article 28
COMESA, the Office, as well
all their officials and agents are required to respect the laws and regulations and the Belgian
that court decisions against them.
Article 29 Belgium shall not
due to the work of the Office on its territory any international responsibility for acts and omissions
Office or those of its officials and agents acting or refraining
as part of their duties.
Article 30 1. Any difference of opinion concerning
the application or interpretation of this Agreement, which could not be resolved by direct talks
between the Parties, may be submitted by either Party to appreciation of an arbitration tribunal composed of three members
2. The Parties shall each appoint one member of the arbitration tribunal. 3
The third member of the arbitral tribunal is designated by the Parties in consultation.
The third member shall be the Chairman of the arbitration tribunal.
5. In case of disagreement about the person
third member of the arbitration court, the court is appointed by the President of the
International Court of Justice at the request of the Parties.
6. The arbitration court is seized
by either party by petition.
7. The arbitration court its own procedure. CHAPTER IV
FINAL PROVISIONS Article 31 Each Party shall notify the other of the
the internal constitutional and legal procedures required for the implementation of this Agreement .
The Agreement shall enter into force on the first day of the second month following the date of exchange of the last notification.
The present Agreement may be revised at the request of either Party.
IN WITNESS WHEREOF
Representatives of the Kingdom of Belgium and the Common Market for Eastern and Southern Africa signed
Done at Brussels, 2 March 2007, in triplicate in the English, French and Dutch
, texts in French and English authentic.