TREATIES AND OTHER INTERNATIONAL ACTS SERIES 06-601 

________________________________________________________________________ 

EMPLOYMENT 

 Agreement between the 

UNITED STATES OF AMERICA 

and BELGIUM 

Effected by Exchange of Notes at 

Brussels February 19 and March 18, 2004 
 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 

Employment 

Agreement effected by exchange of notes at 

 Brussels February 19 and March 18, 2004; 

 Entered into force June 1, 2006. 
ROYAUME DE BELGIQUE

Service public federal

Affaires etrangeres, Commerce exterieur et

Cooperation au DeVeloppement

B/PD/95- iS

The Federal Public Service Foreign Affairs, Foreign Trade and Development

Cooperation of the Kingdom of Belgium presents his compliments to the

Embassy

of The United States of America and has the honour to propose the conclusion

of an Agreement between the Kingdom of Belgium and the Government of

the United States of America, which aims to facilitate, on a reciprocal basis,

the gainful occupation of certain family members of personnel of diplomatic

missions from the sending State or of consular posts of the latter on the

territory of the receiving State.

The Embassy of the United States of America will find the provisions of this

Agreement enclosed with this note :

AGREEMENT BETWEEN THE KINGDOM OF BELGIUM AND THE

UNITED STATES OF AMERICA ON THE GAINFUL OCCUPATION OF

CERTAIN DEPENDENTS OF DIPLOMATIC AND CONSULAR

PERSONNEL

ARTICLE 1

Scope of the Agreement

1. On a reciprocal basis, the following individuals are authorized to engage in

gainful occupation in the receiving state:

a) the spouse and unmarried dependent children up to eighteen years o

a diplomatic agent or of a consular officer of the sending State

accredited to

Embassy of the United

States of America

a BRUXELLES.

"let.. 02/501 81 11

Fax 02/514 30 67 EGMONT - rue des Petits Carmes 15, 1000 

E-MAIL: info@diplobel.fgov.be heures d'ouverture: tous les jours de 9 heures 8 1

WEB: http://www.diplo6el.fgov.be le rtfardl et le jeudi jusqu'e 20 heures (sur rendez-v
(i) the receiving State, or

(ii) any international organization in the receiving State; and

b) the spouse of other members of the staff of the missions or consular

posts of the sending State.

c) The terms "diplomatic agent", "consular officer" and "member of

the staff" in this Article, including such individuals serving in mission

to international organizations, are 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 provided 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. In case 

conflict, this Agreement governs.

3. Except as provided in Art.1.5. (below), authorization to engage in gainful

occupation in the receiving State is provided only during the period in which

the diplomatic agent, consular officer or other staff are assigned to the

diplomatic mission or consular post of the sending State and, at the receiving

State's discretion, for a reasonable period after the conclusion of such

assignment.

4. Individuals authorized to engage in gainful occupation in the receiving Stat

per Art.1.1-1.3 are termed "beneficiaries" in this Agreement.

5. Unless the receiving State decides otherwise, authorization shall not be

given to those beneficiaries who, having engaged in a gainful occupation,

cease to form part of the household of the diplomatic agent, consular officer o

other member of the staff described in above parägraph 1 of this Article.

ARTICLE 2

Procedures

1. All requests for authorization to engage in a gainful occupation shall be

sent, on behalf of the beneficiary, by the Embassy of Belgium to the Office of

Protocol in the U.S. Department of State or by the Embassy of the United

States to the Protocol Division of the Belgian Federal Public Service Foreign

Affairs, Foreign Trade and Development Cooperation accordingly.

Upon verification that the person is a beneficiary as defined by Article 1, and

the subSequent processing of the request for employment authorization, the

receiving State shall inform the Embassy of the sending State that the

individual is eligible for gainful occupation.
2. The procedures followed shall be applied in a manner that will permit the

beneficiary to engage in a gainful occupation as soon as possible; all

requirements relating to work permits and any other similar formalities shall

be applied favorably.

3. Authorization for the beneficiary to engage in a gainful occupation shall

not imply exemption from any legal or other requirements relating to personal

characteristics, professional or other qualifications that the individual

concerned must demonstrate to engage in such occupation.

ARTICLE 3

Civil and administrative privileges and immunities

In cases where the beneficiary enjoys immunity from the civil and

administrative jurisdiction of the receiving State, in accordance with the

provisions of the Vienna Conventions on diplomatic relations, of the Vienna

Convention on consular relations or of any other applicable international

instrument, such beneficiary enjoys no immunity in an action relating to any

professional or commercial activity exercised by the beneficiary in the

receiving State. Similarly, execution of judgments related to such actions are

authorized to the extent they can be taken without infringing the inviolability

of the beneficiary or the beneficiary's official residence.

ARTICLE 4

Criminal Immunity

In cases where a beneficiary enjoys immunity from the criminal jurisdiction o

the receiving State, in accordance with the provisions of the Vienna

Conventions referenced above or of any other applicable international

instrument:

a) The sending State shall favorably examine any request from the

receiving State for the waiver of the criminal immunity enjoyed by the

beneficiary of the authorization granted by the receiving State in

respect of any act or omission arising from gainful occupation. This

means that a request will be considered by the sending State with the

presumption that criminal immunity will be waived, and the request

will be refused only if a specific reason exists not to waive.

b) A waiver of immunity from criminal jurisdiction provided by Article

4(al shall not be construed as extending to immunity from execution o

the sentences, for which a specific waiver will be required. The

sending State shall give serious consideration to such a request from

the receiving State.

EMB 2004-035

The Embassy of the United States of American presents its compliments to

the Federal Public Service Foreign Affairs, Foreign Trade and Development

Cooperation of the Kingdom of Belgium and has the honor to refer to the Federal

Public Service's Note No. J3/PD/9529 of February 19, 2004, which proposed the

conclusion of an Agreement between the Kingdom of Belgium and the

Government of the United States of America, which aims to facilitate, on a

reciprocal basis, the gainful occupation of certain family members of personnel of

diplomatic missions from the sending State or of consular posts of the latter on the

territory of the receiving State.

The Embassy of the United States agrees to the provisions of the

Agreement proposed by the Federal Public Service Foreign Affairs, Foreign Trade

and Development Cooperation of the Kingdom of Belgium as follows:

AGREEMENT BETWEEN THE KINGDOM OF BELGIUM AND

THE UNITED STATES OF AMERICA ON THE GAINFUL OCCUPATION

OF CERTAIN DEPENDENTS OF DIPLOMATIC AND CONSULAR

PERSONNEL

ARTICLE 1

Scope of the Agreement

1. On a reciprocal basis, the following individuals are authorized to engage in

gainful occupation in the receiving state:

a) the spouse and unmarried dependent children up to eighteen years

of a diplomatic agent or of a consular officer of the sending State

accredited to

(i) the receiving State, or

3. Authorization for the beneficiary to engage in a gainful occupation shall

not imply exemption from any legal or other requirements relating to

personal characteristics, professional or other qualifications that the

individual concerned must demonstrate to engage in such occupation.

ARTICLE 3

Civil and administrative privileges and immunities

In cases where the beneficiary enjoys immunity from the civil and

administrative jurisdiction of the receiving State, in accordance with the

provisions of the Vienna Conventions on diplomatic relations, of the Vienna

Convention on consular relations or of any other applicable international

instrument, such beneficiary enjoys no immunity in an action relating to any

professional or commercial activity exercised by the beneficiary in the

receiving State. Similarly, execution of judgments related to such actions are

authorized to the extent they can be taken without infringing the inviolability

of the beneficiary or the beneficiary's official residence.

ARTICLE 4

Criminal Immunity

In cases where a beneficiary enjoys immunity from the criminal jurisdiction

of the receiving State, in accordance with the provisions of the Vienna

Conventions referenced above or of any other applicable international

instrument:

a) The sending State shall favorably examine any request from the

receiving State for the waiver of the criminal immunity enjoyed by the

beneficiary of the authorization granted by the receiving State in

respect of any act or omission arising from gainful occupation. This

means that a request will be considered by the sending State with the

presumption that criminal immunity will be waived, and the request

will be refused only if a specific reason exists not to waive.

b) A waiver of immunity from criminal jurisdiction provided by Article

4(al shall not be construed as extending to immunity from execution of

the sentences, for which a specific waiver will be required. The

sending State shall give serious consideration to such a request from

the receiving State.

ARTICLE 5

Taxation and social security regimes

In accordance with the provisions of the Vienna Conventions referenced

above or of any other applicable international instrument, beneficiaries shall

be subject to the taxation and social security regimes of the receiving State for

all matters connected with their gainful occupation in that State.
ARTICLE 6

Duration and termination

This Agreement shall remain in force for an indefinite period, either Party

being able to terminate it at any time by providing three months notice in

writing to the other Party.

ARTICLE 7

Entry into Force

This Agreement shall enter into force on the first day of the second month

following the date of exchange of the last notification of the completion of all

necessary constitutional and legal procedures.

The Embassy of the United States further agrees to the proposal of the

Federal Public Service Foreign Affairs, Foreign Trade and Development

Cooperation of the Kingdom of Belgium that this Agreement shall enter into force

after notification of the completion of all necessary constitutional and legal

procedures, according to Article 7 above, and a final exchange of Diplomatic

Notes has taken place.

The Embassy of the United States renews to the Federal Public Service

Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of

Belgium the assurances of its highest consideration.

Embassy of the United States of America,

March 18, 2004