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The Law On Consent To The Headquarters Agreement Between The Kingdom Of Belgium And The International Centre For The Development Of Migration Policies, Signed At Brussels On May 21, 2008 (1) (2) (3).

Original Language Title: Loi portant assentiment à l'Accord de siège entre le Royaume de Belgique et le Centre international pour le Développement des Politiques migratoires, signé à Bruxelles le 21 mai 2008 (1) (2) (3)

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http://www.ejustice.just.fgov.be/eli/loi/2014/06/29/2014015237/monitor

29 JUNE 2014 - An Act to approve the Headquarters Agreement between the Kingdom of Belgium and the International Centre for Migration Policy Development, signed in Brussels on 21 May 2008 (1) (2) (3)



PHILIPPE, 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 International Centre for the Development of Migration Policies, signed in Brussels on 21 May 2008, will come out with its full effect.
Art. 3. This Act is effective May 21, 2008.
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 29 June 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister for 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
Minister of Finance,
K. GEENS
The Secretary of State for Asylum and Migration,
Ms. M. DE BLOCK
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Senate (www.senate.be):
Documents: 5-2803 - Annales du Senate: 04/03/2014
House of Representatives (www.lachambre.be):
Documents: 53-3550 - Full report: 23/04/2014
(2) See the Decree of the Flemish Community/Flemish Region of 3 April 2009 (Belgian Monitor of 4 May 2009), the Decree of the French Community of 21 April 2016 (Belgian Monitor of 4 May 2016), the Decree of the German-speaking Community of 30 May 2016 (Belgian Monitor of 23 June 2016), the Decree of the Walloon Region of 9 June 2016 (Belgian Monitor of 17 June 2016) and l
(3) Entry into force: 01/01/2017

SIEGE AGREEMENT
ENTER
BELGIUM ROYAUME
AND
THE INTERNATIONAL CENTRE FOR THE DEVELOPMENT OF MIGRATORY POLICY
BELGIUM,
hereinafter referred to as "Belgium",
and
THE INTERNATIONAL CENTRE FOR THE DEVELOPMENT OF MIGRATORY POLICY,
hereinafter referred to as "CIDPM",
VU the Agreement between the Swiss Confederation and the Republic of Austria concerning the establishment and operation of the International Centre for Migration Policy Development (CIDPM) in Vienna, concluded in Vienna on 1 June 1993, and amended by the agreements of 27 March 1996, 26 April 1996 and 25 June 2003, referred to as "the Agreement";
REPONDING the CIDPM's desire to set up a Representation with the European Union in Brussels, below referred to as the Representation;
REQUESTS to enter into an agreement to determine the privileges and immunities necessary for the functioning of the Representation and for the proper fulfilment of the mission of its staff,
AGAINST WHO ITS:
CHAPTER I
PERSONALITY, PRIVILEGES AND IMMUNITES
Article 1
International legal personality and capacity are recognized at the Representation.
Article 2
The Representation as well as the assets and assets of the CIDPM used for the performance of the official functions of the Representation shall enjoy immunity from jurisdiction except to the extent that the Representation expressly waives it.
Article 3
1. The assets and assets of the CIDPM used for the performance of the official functions of the Representation shall not be subject to any form of requisition, confiscation, sequestration or other form of seizure or constraint.
2. If an expropriation was necessary, all appropriate steps would be taken to prevent the exercise of the functions of the Representation from being hindered. In this case, Belgium would grant its assistance to allow the relocation of the Representation.
Article 4
The Representation archives and, in general, all documents belonging to it or held by it or by one of its agents are inviolable.
Article 5
1. The premises used exclusively for the performance of the Representation functions are inviolable. The consent of the Chief of Representation is required for access to its premises.
2. However, this consent is presumed to be acquired in the event of a claim requiring immediate protection.
3. Belgium will take all appropriate measures to prevent the presence of the representative's premises from being invaded or damaged, the peace of the disturbed Representation or its diminished dignity.
Article 6
1. Without prejudice to the international provisions and European Community provisions in this regard, the Representation may hold all currencies 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 constitution and activity of the Representation will take place.
Article 7
1. Representation, assets, income and other property for its official use are exempt from all direct taxes.
2. No direct tax exemption is granted for the income of the Representation arising from an industrial or commercial activity that would be exercised by the Representation or by one of its members on behalf of the Representation.
Article 8
When the Representation makes significant purchases of real property or furniture or performs important service benefits, strictly necessary for the exercise of its official activities and the price of which includes indirect duties or VAT, appropriate arrangements are made whenever possible for the purpose of remission or repayment of the amount of these duties and taxes.
Article 9
The Representation shall be 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 to treaties relating to the European Union and to the application of legal and regulatory provisions concerning public order, security, health or morals, the Representation may import all goods and publications intended for its official use.
Article 11
The Representation is exempt from any indirect taxes in respect of official publications intended for it or sent abroad.
Article 12
Property belonging to the Representation may be transferred to Belgium only under the conditions prescribed by Belgian laws and regulations.
Article 13
The Representation is not exempt from taxes, taxes or duties that are merely the remuneration of public utility services.
Article 14
The freedom of representation 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 18.1 (a) are determined by the Minister of Finance.
CHAPTER II
STATUS OF PERSONNEL
Article 16
The Head of Representation and his Deputy shall enjoy the immunities, privileges and facilities recognized to diplomatic staff in diplomatic missions. Their legal spouse and their minor children, dependent and living in their homes, benefit from the benefits recognized to the spouse and minor children of diplomatic personnel.
Article 17
1. Without prejudice to the other privileges and immunities to which they may possibly claim, representatives of the States parties to the Agreement participating in meetings convened by the ICPSC, as well as their alternates, advisers or experts, shall enjoy during the performance of their functions and during their travel to or from the place of the meeting the following privileges and immunities:
(a) immunity from arrest or detention;
(b) immunity from jurisdiction for their words, writings and all acts performed by them in the performance of their official duties; this immunity remains even if the persons concerned have ceased to exercise their functions;
(c) Inviolability of all official documents, documents and materials;
(d) the right to use codes and to ship or receive official documents, correspondence or materials by courier or sealed bags;
(e) the exemption, for themselves and their spouses, of any restrictive measures relating to immigration, of any formal registration of aliens and of any national service obligations when they reside in or are in transit in the territory of Belgium;
(f) the same facilities for monetary or foreign exchange restrictions as those granted to representatives of foreign Governments on temporary official missions;
(g) the same immunities and facilities for their personal baggage as those granted to members of diplomatic missions of comparable rank.
2. In the event that the impact of any tax is subordinate to the residence of the subject, the periods, during which the persons referred to in paragraph 1 of this Article are located in the territory of Belgium for the performance of their duties, are not considered to be periods of residence.
3. Privileges and immunities shall be granted to persons referred to in paragraph 1 of this Article not for their personal benefit but for the purpose of ensuring independently the exercise of their functions with respect to the CIDPM. Therefore, all persons who enjoy such privileges and immunities have the duty to observe in all other respects the laws and regulations of Belgium.
4. The provisions of paragraphs 1 and 2 of this Article shall not apply to Belgian nationals and permanent residents in Belgium.
Article 18
1. All staff and representatives of the Representation shall be entitled to:
(a) the exemption of any tax on the salaries, emoluments and allowances paid to them by the CIDPM, beginning on the day that these revenues will be subject to tax for the benefit of the CIDPM, 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 representatives of the Representation shall be entitled to:
(a) immunity from jurisdiction for acts performed in their official capacity, including their words and writings, that immunity persisting after termination of their functions;
(b) Inviolability for all official documents and documents.
3. All officials and agents of the Representation, 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 Representation notifies the arrival and departure of its officials 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 19
The provisions of Article 18.1 (a) do not apply to pensions and annuities paid by the CIDPM to its former officials and agents in Belgium or to their rights, salaries, emoluments and allowances paid by the CIDPM or by the Representation to its agents engaged for a period of less than one year or who do not occupy a permanent job of the CIDPM in respect of the mission and the regulations.
Rule 20
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 Representation, apart from those mentioned in Article 16, shall enjoy the right during the twelve-month period 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 use.
2. The Minister of Finance shall determine the limits and conditions of application of this Article.
Article 21
Belgium is not required to grant to its own permanent nationals or residents the benefits, privileges and immunities provided for in this Agreement, except those referred to in Article 18.1(a).
Article 22
For the performance of their official duties with the Representation, officials and agents of the Representation 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 23
The Representation will provide before March 1 of each year to all recipients a form specifying in addition to their name and address, the amount of salaries, emoluments, allowances, pensions or annuities paid by the CIDPM or the Representation during the previous year.
With respect to salaries, emoluments and allowances that are subject to tax collected for the benefit of the CIDPM, this form also mentions the amount of this tax.
In the same way, the double sheets will be transmitted directly by the Representation before the same date to the competent Belgian tax administration.
Article 24
1. Officials and agents of the Representation who are neither Belgian nationals nor permanent residents in Belgium and who do not exercise any other occupation of a profit character than that required by their functions may opt for affiliation with the social security regimes applicable to officials and agents of the CIDPM according to the rules of these regimes. This right of option must be exercised within two weeks of the employee's or representative's appointment. It shall, within the same period, be notified in accordance with Article 18.4.
2. The Representation will ensure affiliation with the Belgian social security system of Belgian officials and agents or permanent residents, as well as officials and agents who are not covered by (or have not opted for) the social protection provided for by the CIDPM itself.
3. The CIDPM undertakes to guarantee to officials in office in Belgium who are affiliated with its social security regimes, as well as their legal spouse and their minor children, dependent and living in their homes, referred to in Article 18.3, benefits equivalent to those provided by the Belgian social security regime.
4. Officials hired by the Representation who do not occupy a permanent job of the IMPC in respect of the mission and statutory rules of this Organization, as well as their dependants, will be affiliated with the Belgian social security system.
5. Belgium may obtain from the Representation or the CIDPM the reimbursement of costs incurred for any social assistance that it would be required to provide to officials or agents of the CIDPM, assigned to the Representation, who are affiliated with the social security regimes applicable to officials and agents of the CIDPM.
CHAPTER III
GENERAL PROVISIONS
Rule 25
Privileges and immunities are granted to officials and agents of the Representation only in the interests of the CIDPM and not to their personal benefit. The Head of Representation must lift immunity in all cases where such immunity would hinder the action of justice and where it may be lifted without prejudice to the proper functioning of the Representation.
Rule 26
Without prejudice to the rights conferred on the Representation and its officials and agents by this Agreement, Belgium retains the right to take all necessary precautions in the interest of its security.
Rule 27
1. The persons referred to in Articles 16, 17 and 18 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 Representation 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 28
The Representation and all its officials and agents shall cooperate at any time 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 29
The CIDPM, the Representation as well as their officials and agents are required to comply with Belgian laws and regulations and the court decisions rendered in respect of them.
Rule 30
Belgium does not rely on the activity of the Representation in its territory any international responsibility whatsoever for the acts and omissions of the Representation or for those of its officials and agents acting or abstaining in the course of their duties.
Rule 31
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 32
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 International Centre for Migration Policy Development have signed this Agreement.
DONE in Brussels, in two copies, in French, English and Dutch, the three texts being authentic, on May 21, 2008.