TREATIES AND OTHER INTERNATIONAL ACTS SERIES 15-915

________________________________________________________________________

CLAIMS AND DISPUTE RESOLUTION

Arrangement Between the

UNITED STATES OF AMERICA

and BELGIUM

Signed at Washington September 15, 2015

with

Annexes
 NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
 BELGIUM

 Claims and Dispute Resolution

 Arrangement signed at Washington

 September 15, 2015;

 Entered into force September 15, 2015.

 With annexes.

 
ARRANGEMENT ON THE 

ANUCABLESETTLEMENTBETWEEN 

THE GOVERNMENT OF THE UNITED STATES OF AMERICA 

AND 

THE GOVERNMENT OF THE KINGDOM OF BELGIUM 

ON 

THE SETTLEMENT OF CLAIMS 

FOR INDEXING PENSIONS OBTAINED UNDER 

THE BELGIAN LAW OF 16 JUNE 1960 

The Government of the United States of America (hereinafter "Government of 

the United States") and the Government of the Kingdom of Belgium (hereinafter 

"Government ofBelgium") (the "Parties"), desiring to advance their mutual 

interest by reaching an amicable settlement concerning their differences 

relating to the adjustment (indexing) of the pensions based on the Belgian law 

of 16 June 1960 (Law putting the organs charged with the administration of 

the social security for the employees of Belgian-Congo and Ruanda-Urundi 

under the control and guarantee of the Belgian State, and guaranteeing by the 

Belgian State the social benefits in favor of these employees, Official Gazette 

June 30th, 1960) and their difference regarding the interpretation of 

applicability of the Agreement between the United States of America and the 

Kingdom ofBelgium on Social Security, signed in Washington, D.C. on 

February 19, 1982 (hereinafter the "U.S.-Belgium Social Security 

Agreement"), have agreed as follows: 

Article I 

1. In accordance with its law and consistent with its practice for Belgian 

nationals, the Government of Belgium shall continue to adjust for inflation 

(index) the pensions paid to U.S. nationals who are entitled to pension 

payments due to their work in the former Belgian overseas territories or as 
survivors of those who worked in such territories pursuant to Article 105 of 

the Belgian program law of22 June 2012 (Official Gazette, June 28, 2012). 

2. As a token of its goodwill towards the United States and in order to put 

an end to the difference of interpretation between both Parties with regard to 

the scope ofthe U.S.-Belgium Social Security Agreement, the Government 

ofBelgium shall transfer to the Government of the United States a total 

lump-sum payment of € 2.28 million. 

3. Upon payment in full of the lump-sum referred to in paragraph 2 of 

this Article and completion of the other commitments of the Government of 

Belgium specified in this Amicable Settlement, the Government of the 

United States shall renounce all its rights under the U.S.-Belgium Social 

Security Agreement to seek international arbitration concerning the scope of 

the U.S.-Belgium Social Security Agreement as it relates to the issue of equal 

treatment of U.S. beneficiaries who are entitled to Belgian pension payments 

due to their work in the former Belgian overseas territories or as survivors of 

those who worked in such territories as regards the adjustment (indexing) of 

these pensions, and shall consider the issue as finally and fully settled. 

4. The Parties' undertakings in this Amicable Settlement shall not be 

construed or interpreted as an acknowledgement of any legal obligation under 

the U.S.-Belgium Social Security Agreement. 

Article II 

1. The Government of Belgium shall transfer half the payment required 

under Article I paragraph 2 within six months of signature of this Amicable 

Settlement; and shall transfer the other half of said payment within one year 

of the date on which the first payment is made under this Amicable 

Settlement. 

2. The Government of the United States shall provide bank account 

information as necessary for the Government ofBelgium to transfer the payment 

required under Article I paragraph 2. 

Article III 

W.ithin ninety (90) days of the entry into force of this Amicable Settlement, 

the Government of Belgium shall send letters to each U.S. national wJio is 
entitled to such pension payments as described in Article I, paragraph 1, with 

such letters following the form of Annex 1 attached to this Amicable 

Settlement. 

Article IV 

The Government of Belgium shall cooperate with the Government of the 

United States in developing a fair and objective method for distributing the 

lump-sum payment referred to in Article I, including by providing to the 

Government of the United States information and technical assistance 

regarding the method for indexing pensions of Belgian nationals pursuant to 

applicable Belgian law. 

Article V 

The distribution of the lump-sum payment referred to in Article I shall fall 

within the exclusive competence of the Government of the United States, and 

the Government of Belgium shall have no rights related to such distribution. 

In accordance with applicable domestic procedures of the United States, the 

Government of the United States plans to deposit said lump-sum in an 

interest-bearing account in the United States Treasury until distribution, 

pursuant to the determination by the Secretary of State of the United States of 

America or his designee. 

Article VI 

Before each distribution referred to in Article V, the Government of the 

United States shall require the recipient of said distribution to renounce 

unequivocally in writing his or her rights, originating from whatever legal 

source, to introduce legal recourse against either Party or any part, organ, 

agency or entity of either Government or Party concerning the adjustment 

(indexing) of pension payments due to such beneficiary who worked in the 

former Belgian overseas territories or to a survivor of a person who worked 

in such territories. 

A copy of this letter, which follows the form of Annex 2 attached to this 

Amicable Settlement, shall be sent to the Belgian authorities. 
Article VII 

The Parties undertake, as a general principle, to keep confidential this 

Amicable Settlement and all other documents produced in the 

implementation of this settlement without prejudice to the obligation 

pursuant to the relevant laws and regulations to disclose the said documents. 

This confidentially clause is continuing in nature and shall survive the 

expiration or implementation of the Amicable Settlement. 

Article VIII 

The Annexes attached hereto are an integral part of this Amicable Settlement. 

This Amicable Settlement shall enter into force on the date of signature. 

Done at Washington on Jkt~ 15 , 2015, in duplicate, in the 

English language. 

FOR THE GOVERNMENT 

OF THE UNITED STATES 

OF AMERICA: 

FOR THE GOVERNMENT 

OF THE KINGDOM 

OFBELGIDM: 

/~ /.-<'t 
ANNEX! 

Form of Belgian Notification Letter 

Consistent with the Arrangement on the Amicable Settlement between the Government of 

the Kingdom ofBelgium and the Government of the United States of America on the 

Settlement of Claims for Indexing Pensions obtained under the Belgian law of 16 June 

1960 signed at [place] on [date], the Government of Belgium shall send a letter to each 

U.S. national who is entitled to pension payments due to work in the former Belgian 

overseas territories or as survivors of those who worked in such territories pursuant to 

Article 105 ofthe Belgian program law of22 June 2012, following this form: 

[Header and Date] 

Dear [name ofU.S. beneficiary]: 

We write to notify you that Belgium and the United States have entered into an amicable 

settlement under which you may be eligible for payments related to the pensions paid 

under the Belgian law of 16 June 1960. The Government of the United States has sole 

responsibility for the distribution of payments under the amicable settlement. Your 

eligibility and the extent of potential payment will depend upon your application to the 

Government of the United States for such payment. 

Below we have provided the information that is necessary to include in your application to 

the Government of the United States. 

[Include (1) full name, (2) mailing address, (3) gross amount of monthly pension, (4) date 

of entry of right to pension, ( 5) number of indexations since the date of entry of right to 

pension, (6) coefficient of corresponding pension increase, (7) current adjusted amount of 

monthly pension and (8) date ofthe latest adjustment] 

You may forward a copy of this letter, along with a copy of identification such as a 

driver's license or a U.S. passport, to the following address in order to submit your 

application: 

U.S. Department of State 

Office of the Legal Adviser 

Suite 203, South Building 

2430 E Street, N.W. 

Washington, DC 20037-2851 

[Salutation, sender's name, and contact information] 
ANNEX2 

Form of Release Letter 

Consistent with the Arrangement on the Amicable Settlement between the Government of 

Belgium and the Government of the United States on the Settlement of Claims for 

Indexing Pensions obtained under the Belgian law of 16 June 1960 signed at [place] on 

[date], the Government of the United States shall submit a document to each u_s. 

beneficiary who is entitled to pension payments due to work in the former Belgian 

overseas territories or as survivors of those who worked in such territories pursuant to 

Article 105 ofthe Belgian program law of22 June 2012 and who introduces a demand of 

payment based on this Amicable Settlement. 

The release document shall contain wording in substantially the following form: 

I, , a national of the United States 

of America (a copy of government documentation establishing nationality must be attached to 

the present written undertaking), hereby agree to receive an amount equal to in 

full satisfaction and fmal settlement of any claim coming within the terms of Agreement on 

the Amicable Settlement between the Government of Belgium and the Government of the 

United States on the Settlement of Claims for Indexing Pensions obtained under the Belgian 

law of 16 June 1960 (the "Amicable Settlement") signed at [place] on [date]. Terms used in 

this written undertaking shall have the meaning prescribed in the Amicable Settlement. 

Upon receipt of the amount noted: 

(1) I release and forever discharge the Government of Belgium, its agencies or 

instrumentalities, and officials, employees, and agents of the Government ofBelgium or 

Belgium's agencies· and instrumentalities from any liability of any kind for all claims relating 

to pension payments due· to my work in the former Belgian overseas territories or as survivor 

of who worked in such territories. 

(2) I forever relinquish all claims, demands, rights of action, suits, and judgments, that 

I have ever had or will have, or which my heirs, executors, administrators, or assigns ever had 

or ever may have, relating to such pension payments. 

(3) I release and forever discharge the Government of the United States, its agencies 

or instrumentalities, and officials, employees, and agents of the Government of the United 

States or the United States' agencies and instrumentalities from any liability of any kind for 

all claims relating to pension payments due to my work in the former Belgian overseas 

territories or as survivor of who worked in such territories, United States actions 

and policies affecting those claims, and the United States' administration of those claims. 

(4) I forever relinquish all claims, demands, rights of action, suits, and judgments, that 

I have ever had or will have, or which my heirs, executors, administrators, or assigns ever had 

or ever may have, relating to United States actions and policies affecting claims relating to 

such pension payments, and the United States' administration bfthose claims. 
f 

I understand and agree that a copy of this release will be sent to the Government of 

Belgium. 

(signature) 

Subscribed and sworn to before me the __ day of ____ ___, 20_. 

Notary Public 

(seal or stamp must be affixed)