consuls, and attachés who are not covered by the expression "career consul"), providing that those foreigners are not engaged in any other lucrative occupation in the country, but who are not necessarily a citizen of the country they represent. It should be noted that, except for heads of diplomatic missions, free entry is only granted on a strict basis of reciprocity. On the other hand, it is understood that this free entry does not prejudice the rights which interested persons possess, under article 22 of the abovementioned ministerial decree of December 19, 1947, to import, duty free, for transfer purposes, those personal effects and vehicles which they were using in a foreign country prior to the transfer of their residence to Belgium. In this case, the reciprocity clause is not involved. Finally, free entry from excise taxes and consumer taxes to which imported goods are eventually subject, will be granted under the same conditions which govern exemption from customs duties. However, under present Belgian legislation, products of Belgian origin are not exempt from such charges. I avail myself of this opportunity, Mr. Ambassador, to renew to your Excellency the assurance of my very high consideration. For the Minister of Foreign Affairs The Secretary General His Excellency Admiral ALAN GOODRICH KIRK Ambassador of the United States MINISTERIAL DECREE OF 19TH DECEMBER, 1947 GOVERNING THE APPLICATION (Copy of the Moniteur Belge of 25th December, 1947) Art. 15. Para. 1. On a reciprocal basis, completely free entry is granted to merchandise intended for the personal use of career diplomatic agents and career consuls serving in territory of the Belgo-Luxembourg Economic Union, as well as chancellery agents attached to legations and consulates established in such territory, providing that such persons are foreigners and that they have no occupation in the territory of the Belgo-Luxembourg Economic Union. "Personal use" also includes use by members of the household. Para. 2. Free entry is granted upon presentation of a certificate in which the person having the right to free-entry indicates his status, and certifies that the merchandise is intended for his personal use. This certificate must itemize the merchandise, declaring the nature, the number of pieces, and the markings of the packages. When the merchandise is intended for a chancellery agent attached to a legation or to a consulate, the above-mentioned certificate must be certified by the head of the mission or the head of the consulate. Para. 3. In cases where merchandise imported duty-free is turned over to a third person, duty must be paid. When merchandise is imported, free entry may be established by presentation of a document which becomes invalid when the merchandise is no longer in use by the person having the right to free-entry. Art. 16. Para. 1. On a reciprocal basis, complete free entry is granted to chancellery supplies sent by foreign governments, or in their name, to their consulates established in territory of the Belgo-Luxembourg Economic Union. Para. 2. Free-entry is granted upon presentation of a certificate in which the consul concerned asserts that the merchandise is imported for consulate use, providing that it has been established that the merchandise was sent directly to the consul interested by his government, or by its representative in another country. APPLICATION OF ARTICLE 15 OF THE MINISTERIAL DECREE OF 19TH DECEMBER, 1947 (Moniteur Belge of 25th December, 1947) [TRANSLATION] Packages not listed on passports or on way-bills are sent with a laissezpasser-with-guarantee (passavant-à-caution) to the customs warehouse in Brussels, or with a transit receipt to the out-going office designated by the interested person. However, the head of the incoming office may, in this case, permit the entry of luggage duly sealed, when it is apparent by its nature, that it contains nothing but diplomatic documents. In any event, official seals must be respected by customs officials. Luggage accompanying diplomatic agents of the rank of counselor, secretary, attache, commercial attache, military attache, naval attache, or air attache, and who belong to an embassy or a legation accredited to Belgium are, except where abuse is suspected, free from inspection-providing that such officials establish their status by means of a regular passport. The same exemption is applicable to luggage accompanying bearers of a special blue identity card issued by the Ministry of Foreign Affairs to foreign members of certain international organizations established in the country. Merchandise shipped from a foreign country, which can benefit from the exemption provided in article 15 of the decree, must be sent to a customs of fice in Brussels or Antwerp in order to be cleared. However, if the shipments involved are intended for a career consul1 or for a chancellery agent in a consulate which is established in some other locality having a public warehouse, such shipments may be cleared at that warehouse. Shipments presented at the border must be reshipped to the above-mentioned clearing-posts. If the shipment takes place by any other means than escorted rail shipment it is validated by a laissez-passer-with-guarantee (passavant-à-caution) No. 132 under ordinary conditions. However, if from documents or papers presented it appears that the addressee belongs to a category of exempted persons, the collector stamps on the laisser-passer-withguarantee (passavant-à-caution) "Diplomatic immunity-exempt from inspection." ("Immunités diplomatiques-Dispense de vérification".) When this statement is noted, the luggage is sealed without being inspected. The importer is requested to resubmit the shipment to the office of destination designated in the document, so that the formalities of free-entry may be carried out. Merchandise intended for heads of mission, for diplomatic agents (counselors, secretaries, attaches), or for career consuls are accepted for free entry upon presentation of a certificate bearing the seal of the embassy, legation or consulate, which states that the effects are intended for the use of the signatory, or for the needs of his family, (of his household in the case of a head of mission). For shipments intended for chancellery agents, the certificate must be signed by the interested person and certified by the head of mission or by the consul with the following statement: "the above-mentioned merchandise is in keeping with the position of the person involved who in actual fact holds the above-mentioned status." ("les marchandises ci-dessus sont en rapport avec la situation de l'intéressé qui occupe effectivement la fonction désignée ci-dessus.") The certificate is turned over to the head customs officer at the free-entry office. This officer makes certain that the reciprocal requirement has been fulfilled, in which case he authorizes the collector to issue a receipt for freeentry or in case of a motor vehicle intended for a person other than the head of mission-to validate, without guarantee, a transit receipt 41v bearing the statement "Application of article 15, para. 3, at the end of the ministerial decree of December 19, 1947." ("Application de l'art. 15, para. 3, in fine de l'arrêté ministériel du 19 décembre 1947".) This last document is valid for one year; this period may be extended by the Director upon request of the interested person. On presentation of this document, the shipment is subjected to an inspection, which usually is brief. On presentation of transit receipts 41v, delivered under the above-mentioned conditions and which have not expired, the vehicles may freely cross 1 1 By consul is understood the head of a consular office, regardless of the rank of the incumbent (consul general, consul, or vice-consul). [Footnote in original.] the border an indefinite number of times, whether entering or leaving the country. In case of definite exportation, the interested person will submit the document to the out-going office to acknowledge exportation. Transit receipt 41v, bearing the out-going acknowledgment, is then transmitted to the office of central administration-Customs Office-which notifies the issuing office that the document has been surrendered. In case a vehicle should be sold in the Belgo-Luxembourg Economic Union, the holder of transit receipt 41v will inform the central administration of the name and address of the purchaser and will notify the latter that he must report with the car to the office which issued transit receipt 41v, to pay the duties and taxes. The list of diplomatic personnel (heads of mission, counselors, secretaries, attaches) and the list of foreign career consuls, as well as all changes which may arise, will be communicated to the directors at Antwerp and Brussels. Controllers will receive the same information covering consuls located in their areas. MOST-FAVORED-NATION TREATMENT FOR AREAS UNDER OCCUPATION OR CONTROL Exchange of notes at Brussels July 2, 1948 Entered into force July 2, 1948 Expired in accordance with its terms 62 Stat. 2880; Treaties and Other International Acts Series 1821 The American Ambassador to the Minister of Foreign Affairs1 EXCELLENCY, July 2, 1948 I have the honor to refer to the conversations which have recently taken place between representatives of our two Governments relating to the territorial application of commercial arrangements between the United States of America and the Kingdom of Belgium and to confirm the understanding reached as a result of these conversations as follows: 1. For such time as the Government of the United States of America participates in the occupation or control of any areas in Western Germany and in the Free Territory of Trieste, the Government of Belgium will apply to the merchandise trade of such area the provisions of the General Agreement on Tariffs and Trade dated October 30, 1947,2 as now or hereafter amended, relating to most favored nation treatment. of 2. The undertaking in point 1 above will apply to the merchandise trade any area referred to therein only for such time and to such extent as such area accords reciprocal most favored nation treatment to the merchandise trade of Belgium. 3. The undertakings in points 1 and 2 above are entered into in the light of the absence at the present time of effective or significant tariff barriers to imports into the areas herein concerned. In the event that such tariff barriers are imposed, it is understood that such undertakings shall be without prejudice to the application of the principles set forth in the Havana Charter 1 An identical note, addressed to the American Ambassador, was signed by the Minister of Foreign Affairs, Paul Henri Spaak, on the same day, July 2, 1948, at the time of the signing of the Economic Cooperation Agreement between the United States and Belgium (TIAS 1781, post, p. 678). |