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Agreement between Canada and the Kingdom of Belgium concerning the Gainful Employment of Certain Family Members of Diplomatic and Consular Staff [2006] CATSer 22 (1 December 2006)

E105027

AGREEMENT BETWEEN CANADA AND THE KINGDOM OF BELGIUM CONCERNING THE GAINFUL EMPLOYMENT OF CERTAIN FAMILY MEMBERS OF DIPLOMATIC AND CONSULAR STAFF

CANADA AND THE KINGDOM OF BELGIUM, hereinafter : “the Parties”,

DESIRING to conclude an agreement to facilitate the gainful occupation of certain family members of the staff of diplomatic missions from the sending State or of consular posts of the latter on the territory of the receiving State,

AGREE as follows :

ARTICLE 1

Scope of the Agreement

1. On a reciprocal basis, the following are authorized to engage in gainful occupation in the receiving State :

(a) the spouse, and the unmarried dependent children under the age of eighteen, of a diplomatic agent or of a consular official of the sending State accredited to :

(i) the receiving State, or

(ii) any international organization in the receiving State;

(b) the spouse of another member of the mission staff of the sending State or consular post of the same State;

as defined in Article 1 of the Vienna Convention on Diplomatic Relations, 1961 and the Vienna Convention on Consular Relations, 1963.

2. Authorization to engage in a gainful occupation is given by the authorities of the receiving State in accordance with the laws and regulations in force in this State and subject to the provisions of this Agreement.

3. Unless the receiving State decides otherwise, authorization shall not be given to those beneficiaries who, having engaged in a gainful occupation, cease to be members of the family of the staff described in the first paragraph of this Article.

4. The authorization shall apply during the period in which the persons described in paragraph 1 of this Article are assigned to the diplomatic mission or consular post of the sending State on the territory of the receiving State and shall expire at the conclusion of the assignment (or within a reasonable period following that date).

ARTICLE 2

Procedures

1. Before any of the persons contemplated in Article 1 may engage in gainful employment in the receiving State, the Embassy of the sending State shall present an official request to this effect to the Protocol Branch of the Department of Foreign Affairs and International Trade of Canada or to the Protocol Branch of the Belgian Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation. After verifying that the person in question belongs to the categories defined in this Agreement, and after completing the necessary formalities, the Protocol Branch shall forthwith officially inform the Embassy that the person concerned is authorized to engage in gainful employment, subject to the applicable regulations of the receiving State.

2. The procedures followed shall be so applied as to permit the beneficiary of the authorization to engage in a gainful occupation as soon as possible; all requirements relating to work permits and other similar formalities shall be favourably applied.

3. There shall be no restrictions on the type of employment that may be held. However, it is understood that the beneficiary of the authorization will satisfy any conditions on the exercise of occupations requiring particular professional credentials. Moreover, these persons may be refused access to employments that, for reasons of security, only nationals of the receiving State may occupy.

ARTICLE 3

Civil and Administrative Privileges and Immunities

1. In cases where the beneficiary of the authorization to engage in a gainful occupation enjoys immunity from the civil and administrative jurisdiction of the receiving State, in accordance with the provisions of the Vienna Conventions on diplomatic and consular relations or of any other applicable international instrument, such immunity shall not apply in respect of all matters arising out of the gainful occupation and falling within the jurisdiction of the civil or administrative law of the receiving State.

2. Similarly, any judgment in relation to these matters may be executed inasmuch as it does not infringe inviolability of domicile pursuant to article 30 of the Vienna Convention on Diplomatic Relations.

ARTICLE 4

Criminal Immunity

1. In cases where a beneficiary of the authorization to engage in a gainful occupation enjoys immunity from the criminal jurisdiction of the receiving State, in accordance with the provisions of the Vienna Conventions referred to above or of any other international instrument, the sending State shall examine favourably any request from the receiving State to waive the immunity from jurisdiction enjoyed by the beneficiary in respect of any act or omission arising from the exercise of the gainful occupation.

2. This means that any such request will be considered by the sending State with the presumption that the criminal immunity will indeed be waived and that the request will be refused only if there is a particular reason not to waive this immunity.

3. Any such waiver of immunity from criminal jurisdiction shall not be construed as extending to immunity from execution of the sentence, for which a specific waiver will be required. In the case of such a request, the sending State shall give serious consideration to the request of the receiving State.

ARTICLE 5

Taxation and Social Security Regimes

In accordance with the provisions of the Vienna Conventions on diplomatic and consular relations or of any other applicable international instrument, beneficiaries of the authorization to engage in a gainful occupation shall be subject to the taxation and social security regimes of the receiving State in all matters in relation to their gainful occupation in that State.

ARTICLE 6

Final Provisions

1. Each Party shall notify the other Party, through diplomatic channels, that the requisite domestic formalities for the entry into force of this Agreement have been completed. This Agreement shall enter into force on the first day of the second month following the date of the last notification.

2. This Agreement shall remain in force for an indefinite period, either Party being able to terminate it at any time by giving three months’ notice in writing to the other Party.

3. The Parties may amend this Agreement by mutual consent, in accordance with their internal legal procedures.

ARTICLE 7

Settlement of Disputes

The Parties undertake to resolve any dispute over the interpretation or application of this Agreement through diplomatic channels or in any other manner agreed to by the Parties.

IN WITNESS WHEREOF, the undersigned representatives, duly authorized by their respective Governments, have signed this Agreement.

DONE in two originals at Brussels, on this 29^th day of April 2005, each in the English, French and Dutch languages, all versions being equally authentic.

John McNee

FOR CANADA

Karel De Gucht

FOR THE KINGDOM OF BELGIUM