CIRCULAR NOTE. (updated on July 1, 2016)

Transcription

1 Protocol Directorate Appendix: 4 CIRCULAR NOTE ADMINISTRATIVE PROCEDURE FOR THE ACCREDITATION OF MEMBERS OF DIPLOMATIC STAFF AND ADMINISTRATIVE AND TECHNICAL STAFF OF DIPLOMATIC MISSIONS IN BELGIUM AND THEIR FAMILY MEMBERS (updated on July 1, 2016) The Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation presents its compliments to the Diplomatic Missions established in Brussels and has the honour of informing them of the procedure to be followed for the accreditation of members of diplomatic, administrative and technical staff of diplomatic missions and their family members. This official memo provides information about the general formalities applicable to the aforementioned categories of staff of the mission in terms of appointment, notification of arrival and taking up of post, departure and termination of functions, change of address, change of function, or change of marital status. Additional official memos will provide more specific information about the formalities to be followed for each category of persons, such as, for example, Heads of Mission, Military Attachés, military staff, police liaison officers, spouses/legal partners and children. The conditions for accreditation of private domestic staff, domestic service staff of the mission, staff hired locally and officials and persons with an official mission in Belgium will be described in separate official memos. The Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation avails itself of this opportunity to renew to the Diplomatic Missions established in Brussels the assurance of its highest consideration. To the Diplomatic Missions established in Brussels

2 ADMINISTRATIVE PROCEDURE FOR THE ACCREDITATION OF MEMBERS OF DIPLOMATIC STAFF AND ADMINISTRATIVE AND TECHNICAL STAFF OF DIPLOMATIC MISSIONS IN BELGIUM AND THEIR FAMILY MEMBERS TABLE OF CONTENTS 1. General principles The members of the diplomatic and administrative and technical staff of the diplomatic mission Diplomatic mission note verbale Agrément procedure for the Head of Mission Approval procedure for military attachés and police liaison officers Staff complement of the diplomatic mission within reasonable, normal limits Registration with the Protocol Directorate and granting of the same status to the holder of the function and his or her family members The privileged status is granted by the Receiving State Diplomatic staff have the nationality of the Sending State No privileged status for Belgian citizens No privileged status for persons registered in a Belgian municipality The temporary duration of the residence does not affect the person s status Privileges and immunities to ensure the proper functioning of the mission Family members residing under the same roof A special identity card is a temporary residence permit One special identity card per person Loss/theft of the identity card Procedure for registration in the register of the Protocol Directorate Note verbale and registration form Passport Visa application Date of assumption of duties Address Use of names Types of special identity cards References on special identity cards... 11

3 2.9 Validity of special identity cards Renewal or extension of special identity cards Diplomatic staff residing abroad Diplomatic list and protocol precedence list Procedure for removal from the register of the Protocol Directorate Notification of final departure or termination of functions in the mission and return of documents and CD registration plates Extension of stay of a member of staff of the mission, his or her spouse/legal partner or his or her children Removal as a result of exercising a gainful professional or commercial Appendix 1 : Royal Decree of 30 October 1991 on residence documents in Belgium for certain foreigners (Belgian Official Gazette of 17 December 1991, page 28669) Appendix 2 : Royal Decree amending Royal Decree of 30 October 1991 on residence documents in Belgium for certain foreigners (Belgian Official Gazette of 13 June 2005, page 15092) Appendix 3 : Sample form Information required for obtaining a special identity card from the Protocol Directorate Appendix 4 : Sample special identity cards 1. General principles 1.1 The members of the diplomatic and administrative and technical staff of the diplomatic mission It is expected that diplomatic missions, when sending notification of and requesting registration with the Protocol Directorate for their members of (sent) staff, take account of the different categories as provided for under Art. 1 of the Vienna Convention of 1961 on Diplomatic Relations, so that the Protocol Directorate may grant the corresponding status. In this way, Art. 1 of the Vienna Convention makes a clear distinction between members of diplomatic staff and other categories of members of staff of the mission. As a general rule, diplomatic status is only granted to officials performing a diplomatic function and according to the grades and titles assigned to diplomatic staff in accordance with conventions, international custom and Belgian law. In order to avoid any confusion between diplomatic status and consular status, it is also customary to only use consular titles for members of staff of consular missions and that members of staff of diplomatic missions who perform consular functions are afforded titles which are customary in embassies. The Protocol Directorate will follow this rule for the indication of diplomatic grades and titles on the special identity cards. Certain functions, according to custom, are part of the administrative and technical staff category: typists, secretaries, administrative employees and assistants, translators, clerical staff, office staff, ICT technicians, etc.

4 The diplomatic missions may also recruit members of staff locally. Such members of staff are subject, irrespective of their nationality, to the provisions of employment law and Belgian laws on social security. The Protocol Directorate does not issue special identity cards to such members of staff, and they do not, therefore, benefit from privileges or immunities (see separate official memo). In accordance with the principles laid down in Art. 9 and 11 of the Vienna Convention of 1961, the Receiving State can refuse to accept as members of staff of the diplomatic mission either certain categories of officials or individual persons. The Receiving State, and therefore the Protocol Directorate, have full discretion in this area. The diplomatic missions are therefore asked to take care to ensure that they comply with the different categories of staff provided for under Art. 1 of the Vienna Convention of 1961, as well as with the corresponding functions, to avoid any confusion between the existing statuses, which would not, of course, be favourable for the proper functioning of the diplomatic missions. Persons who do not exercise any function within the diplomatic mission and who do not, therefore, fall under the categories of staff or the functions laid down in the Vienna Convention of 1961 (see Art. 3), cannot, clearly, be accepted as members of staff of the diplomatic mission. 1.2 Diplomatic mission note verbale Under the terms of Art. 10 of the Vienna Convention of 1961, the Federal Public Service Foreign Affairs must be notified of the appointment, arrival, departure and termination of functions, and therefore also of any changes to the functions, marital status and address of members of staff of Diplomatic Missions. In principle, the Federal Public Service Foreign Affairs, Protocol Directorate receives an official notification by note verbale from the diplomatic mission. 1.3 Agrément procedure for the Head of Mission Reference is made, amongst others, to Art. 4, 5, 6, 9, 13, 14, 15, 16, 18 and 19 of the Vienna Convention of 1961 and the official memo on Heads of Mission. 1.4 Approval procedure for military attachés and police liaison officers Pursuant to Art. 7 of the Vienna Convention, prior request for approval must be made for the accreditation of military attachés, defence attachés as well as police liaison officers (see specific official memos). 1.5 Staff complement of the diplomatic mission within reasonable, normal limits The Receiving State may require that the staff complement of the diplomatic mission be maintained within the limits of what it considers reasonable and normal, having regard to the prevailing circumstances and conditions in the State and the needs of the mission in question. The Receiving State may also, within the same limits and without discrimination, refuse to accept officials of a certain category or individual persons as members of staff of the diplomatic mission. In this context, reference is made to Art. 9 and 11 of the Vienna Convention of 1961.

5 1.6 Registration with the Protocol Directorate and granting of the same status to the holder of the function and his or her family members The Protocol Directorate grants to assigned members of staff of diplomatic missions and to their family members the privileged status corresponding to the categories of staff laid down in the Vienna Convention of 1961, according to the limits and conditions described in this official memo and in specific official memos, with due regard to laws, regulations, customs and circumstances in force in Belgium. The Protocol Directorate adheres, when applying provisions of the Vienna Convention of 1961, to the principle of equality as described in Art. 47 of the Convention and on the obligation of persons benefitting from immunities and privileges to comply with the laws and regulations of the Receiving State and to not interfere in the internal affairs of the country, as provided for in Art. 41 of the Convention. Reference is made to the specific official memos dealing with registration with the Protocol Directorate of Heads of Mission, military attachés, military staff, police liaison officers, spouses and legal partners, children, members of service staff employed in the mission, private domestic staff and officials and persons carrying out an official mission. 1.7 The privileged status is granted by the Receiving State The privileged status is granted by the Receiving State based on information provided by the Diplomatic Missions about the members of their staff and, in particular, on their function performed within the mission, in accordance with the categories laid down in the Vienna Convention (1961), and as explained in this official memo. The type of passport (issued by the Sending State) which should, in principle, correspond to the function exercised and should, therefore, normally mention this function, is an important element in the granting of the status by the Receiving State. If the Protocol Directorate discovers that a special identity card (D, P, C, S or E) has been issued based on incorrect information, it reserves the right to cancel the said card and demand its immediate return from the mission in question. This rule also applies in the case of errors committed by the Protocol Directorate when issuing special identity cards and, therefore, a correction is required in order to comply with the principle of equality as laid down by Art. 47 of the Vienna Convention on Diplomatic Relations (1961). 1.8 Diplomatic staff have the nationality of the Sending State Art. 8 (1) of the Vienna Convention of 1961 provides that the members of diplomatic staff have, in principle, the nationality of the Sending State. This rule is strictly applied by the Protocol Directorate. If the members of the diplomatic staff have dual nationality (other than Belgian nationality), only the nationality of the Sending State will be taken into account. For family members who are of a nationality other than that of the Sending State, it is recommended, with a view to complying with the relevant formalities, to consult the official memos on partners/legal partners and on children. 1.9 No privileged status for Belgian citizens Based on Art. 8 (2), as well as Art. 37 and 38 of the Vienna Convention of 1961, protocol practice in Belgium is that persons who are of the nationality of the Receiving State, that is to say of Belgian nationality, may not benefit from privileged status.

6 The Protocol Directorate will not make any exception, even for persons with dual nationality, of which Belgian nationality is one. This rule also applies to both those who exercise a function with a diplomatic mission and their family members residing under the same roof No privileged status for persons registered in a Belgian municipality a foreign national who is registered in the population register of a Belgian municipality may not, in principle, on the basis of Art. 37 and 38 of the Vienna Convention on Diplomatic Relations (1961), claim immunities or privileges. Nevertheless, if the sending country wishes to accredit him or her as a diplomat in Belgium, the person in question shall be required to take the initiative to have him- or herself removed from the aforementioned registers in order to be able to benefit from a privileged status. His or her personal status during the period preceding entry in the Protocol Directorate register is entirely a matter of general law. For any dispute relating to this period, he or she shall refrain from asserting the immunities associated with his or her privileged status. A personal declaration to this effect covered by a note verbale will be required at the time of issuance of the special identity card. If a person of foreign nationality, mentioned (but not registered) in the national register of persons and in possession of a special residence document (P or S type card) issued by the Protocol Directorate changes function (for example, following a transfer in Belgium or a change of status), he or she will be granted the status corresponding to his or her new function according to the provisions of the Vienna Convention of Persons recruited locally cannot benefit from privileged status (see official memo on staff recruited locally) The temporary duration of the residence does not affect the person s status The residence in Belgium of a member of staff sent from the Sending State is always considered a temporary residency as it is presumed that he or she retains his or her domicile or legal residence in the sending country. The duration of the temporary residence on Belgian territory during the exercise of the function does not affect the person s status Privileges and immunities to ensure the proper functioning of the mission As provided for in the preamble to the Vienna Convention of 1961, the purpose of privileges and immunities is not to benefit individuals but to ensure the efficient performance of the functions of diplomatic missions as representing States Family members residing under the same roof The Vienna Convention (1961) provides that the family members of the member of staff of the diplomatic mission who live under the same roof and are not nationals of the Receiving State, nor registered in the National Register, may obtain privileged status and, therefore, a special identity card from the Protocol Directorate.

7 According to current practice in Belgium, the Protocol Directorate considers the following persons to be family members of the member of staff of the diplomatic mission: the spouse, unmarried legal partner (under the conditions set down in the specific official memo dealing with this subject) and fully dependent children of the member of staff exercising the function with a diplomatic mission and living under the same roof. For these categories of persons, specific official memos should be consulted. Family members who do not reside with the member of staff with privileged status of the diplomatic mission, such as children studying abroad or children remaining in the sending country, may not obtain an identity card from the Protocol Directorate. Such persons may request a long-term visa (multiple entry - one year) from the appropriate Belgian diplomatic or consular mission, which will enable them to visit their accredited parents in Belgium on a regular basis. The mission in question is asked to submit an official request, with the reasons for the request, to the Protocol Directorate, including a copy of the interested parties passport. Parents and parents-in-law are not, for the purpose of obtaining a residence permit in Belgium, considered members of the household of the member of staff with privileged status of the mission, and may not, therefore, obtain a special identity card from the Protocol Directorate. For access and residence on Belgian territory, they come under the jurisdiction of the Federal Public Service Interior, Immigration Service. They may also apply for a long-term visa (multiple entry - one year) so that they have the option of regularly visiting their children accredited in Belgium. The general legal rules apply for access and residence on Belgian territory of collateral family members, namely brothers, sisters, brothers-in-law, sisters-in-law, uncles, aunts, cousins, nephews, nieces, etc,.. and they therefore come under the jurisdiction of the Federal Public Service Interior, Immigration Service. They are required to apply for a visa from the Belgian Embassy or Consulate in their home country. The Federal Public Service - Foreign Affairs, Protocol Directorate does not have jurisdiction and cannot therefore involve itself in this procedure A special identity card is a temporary residence permit A special identity card, issued free of charge by the Protocol Directorate, is a temporary residence permit for Belgium. The formalities relating to these special identity cards are governed by the Royal Decree of 30 October 1991 on residence documents in Belgium for certain foreign nationals (Belgian Official Gazette of 17 December 1991, p and 13 June 2005, p ). Art. 11 of the aforementioned Royal Decree requires holders of this document to always carry it on their person and to present it if requested to do so by any authorized official. Although a special identity card is not, in itself, a travel document, it can serve as a visa for Belgium and for Schengen Area States, if it is presented in conjunction with a valid passport. It is absolutely necessary for special identity cards to be returned to the Protocol Directorate if the holder ceases to satisfy the conditions for possession of the card One special identity card per person Each member of staff of a diplomatic mission registered with the Protocol Directorate may only obtain one special identity card, even if this person exercises two or three functions in the same diplomatic mission or an additional function in another diplomatic or consular mission.

8 A member of staff of an international organisation may also not obtain a diplomatic identity card from a diplomatic mission. A person in possession of a residence permit issued by a Belgian municipality may not simultaneously obtain a special identity card from the Protocol Directorate Loss/theft of the identity card In Cfr. case circular of loss note or theft "Loss of a special of theft identity of a special card, residence in accordance permit" with of 1 july Art of the Royal Decree of 30 October 1991, the Protocol Directorate will issue a duplicate (meaning, in practice, a new identity card with the same period of validity). Applications for a duplicate will be submitted by note verbale accompanied by proof of declaration of loss/theft submitted to the police. In accordance with Art. 14, the Protocol Directorate will issue a duplicate at cost price which will be paid when applying via the Bancontact-Mister Cash terminal at the reception of Palais d Egmont. The application must be made in person by the interested party. The amount of the cost price will be set by the Minister of Foreign Affairs. 2. Procedure for registration in the register of the Protocol Directorate 2.1 Note verbale and registration form The diplomatic mission concerned officially notifies the Federal Public Service Foreign Affairs, Protocol Directorate, by note verbale, of the arrival of the person as well as the function that the new member of staff will exercise within the mission. The name of the person that he or she will replace may also be stated. The Protocol Directorate regulates the temporary residence on Belgian territory of all persons listed in Art. 1 of the Vienna Convention of 1961 on Diplomatic Relations for the duration of their functions. The different categories of staff are listed in paragraph 1.1. This note verbale is accompanied by: - Two documents entitled Information required for obtaining a special identity card issued by the Protocol Directorate (available in three languages on the Protocol Directorate website at: see sample in Appendix 3) duly completed, according to the instructions contained therein, by the entitled person and the family members accompanying him or her and signed by the Head of Mission or by an authorised member of staff of the mission; - Part III (blue colour); - A legible colour photocopy of the relevant pages of a valid passport and an appropriate visa (type D) where necessary; - Other documents may be required or requested in proper and due form (certified copy, official translation, authenticated) by the Protocol Directorate (see official memos relating to spouses, legal partners and children). The special identity card will be issued after the complete set of documents has been received. It will be available at the reception desk of the Protocol Directorate, where it may be collected by an authorised member of staff of the mission whose name has been communicated to the Protocol Directorate by the Diplomatic Mission by note verbale. The waiting period for the special identity card is from two to four weeks, provided that the application has been properly submitted.

9 Failure to comply with the formalities prescribed, submission of incomplete or unsigned information forms or illegible copies of supporting documentation may significantly delay the registration procedure with the Protocol Directorate, as well as the issuing of special identity cards. Diplomatic Missions are therefore asked to ensure that the information and documents requested are submitted in proper and due form. 2.2 Passport In order to be registered with the Protocol Directorate, the newly assigned member of staff of the diplomatic mission must possess a valid passport, issued by the Sending State and corresponding to the category of staff to which he or she belongs. It is, therefore, logical and customary that the function be indicated in the corresponding passport for all categories of staff. If, due to internal regulations or legislation of the Sending State, the function is not indicated, or if an appropriate passport is not presented, the diplomatic mission is asked to confirm this in the note verbale by which notification of the arrival of the member of staff is given. It is also customary for a diplomatic official to possess a diplomatic passport in which his or her diplomatic grade is indicated. A member of administrative and technical staff carries a service passport which also indicates his or her function. The family members of the assigned official usually also carry the same type of passport as the member of staff of the diplomatic mission, also issued by the Sending State. The exact family relationship with the member of staff must also be indicated in the passport. If the Sending State, due to its internal legislation or regulations, is not in a position to be able to issue the normal type of official passport corresponding to the requested function or status (see above) to certain categories of persons (e.g. military staff, family members of diplomats, non-nationals), the diplomatic missions are asked to confirm this in the note verbale requesting registration of the person with the Protocol Directorate. In spite of established practice requiring interested parties to present the appropriate official passport for the purpose of registration in the register of the Protocol Directorate, the passport or type of passport does not imply an automatic right to privileged status. The passport, which remains primarily a travel document, should, in fact, logically correspond to the function actually exercised by the interested party within the diplomatic mission. 2.3 Visa application The members of diplomatic or administrative and technical staff arriving in Belgium to assume their functions in Diplomatic Missions established in Belgium must possess an appropriate visa issued by a Belgian diplomatic or consular mission located or accredited in the Sending State. The purpose of such a visa must be clearly indicated at the time of the visa application. The stated rules also apply to their family members. If Belgium has a diplomatic or consular mission in the Sending State, the assigned member of staff of the mission must submit his or her visa application to that mission. Where Belgium does not have a diplomatic or consular mission located in the Sending State, a visa application may be submitted to the appropriate Belgian diplomatic or consular mission in another country via the Embassy of the Sending State located in that country.

10 The diplomatic mission of a Schengen Area State other than Belgium may only issue a visa to a person who wishes to exercise a function in a diplomatic mission in Brussels in exceptional, duly justified cases, taking into account, amongst other things, the size of the jurisdiction, large distances or communication problems which would make it difficult to contact the appropriate Belgian diplomatic or consular mission. In such a case, a visa may only be issued at the request of the FPS Foreign Affairs or with its express agreement. It is recommended that the Mission concerned send a note verbale in this regard, accompanied by a legible, colour photocopy of the interested parties passport, to the Protocol Directorate. 2.4 Date of assumption of duties The date of assumption of duties does not necessarily correspond to the date of arrival in Belgium. For Ambassadors, it is the date on which they present their Letters of Credence to His Majesty the King, which is used as the official date of assumption of duties. As regards other diplomats, the date of the mission s note verbale announcing their arrival is used. For the other categories of staff, the date indicated in the date of assumption of duties section in the information form is used. 2.5 Address The address of the diplomat s temporary residence in Belgium is not always known at the time of his or her registration with the Protocol Directorate. The address is subsequently communicated by note verbale. Notification must be sent of any change of address during the official s term of office (see official memo on this topic) so that he or she can at all times benefit from privileges and immunities (e.g. inviolability of his or her residence). 2.6 Use of names As determined by international law, it is the national legislation to which the person concerned is subject which applies for the indication of the name on the special identity card issued by the Protocol Directorate. The Protocol Directorate will therefore use the name indicated in the person s passport for the special identity card, but will not, however, indicate the military or academic grade (e.g. Colonel, Doctor, Engineer). As regards the use of maiden names for married women on the special identity card, the Protocol Directorate will follow the provisions of the foreign Civil Code of the spouse s country. For convenience, the Protocol Directorate will indicate the name stated in the person s passport. 2.7 Types of special identity cards The issuing of special identity cards is governed by the Royal Decree of 30 October 1991 on residence documents in Belgium for certain foreigners (Belgian Official Gazette of 17 December 1991, p ).

11 The Protocol Directorate issues 5 types of identity cards, depending on the status of the recipient, which correspond to the category of staff to which the member of staff belongs based on the function exercised within the diplomatic or consular mission: a) A diplomatic card (model I, card-d) is issued to diplomatic officials holders of diplomatic passports who exercise a diplomatic function; b) An identity card for administrative and technical staff (model III, card-p) is issued to members of administrative and technical staff of the diplomatic mission holders of service passports and to consular employees, provided that they hold a service passport; c) A special identity card model IV, card-s is issued to members of the diplomatic or consular mission s service staff, to the private domestic staff of diplomats and career consul generals, and to officials and persons on official missions ; d) A consular identity card (model II, card-c) is delivered to officials with consular status; they have the status of career consular officials and generally hold a diplomatic passport; e) A children s card (model V, card-e) is issued to children under 5 years of age. 2.8 References on special identity cards The category of the position of the Diplomatic Mission s staff members is indicated on the back of the special identity card: diplomat, member of the administrative and technical staff, member of the service staff. The diplomatic grade does not appear, with the exception of Mission Chiefs and the Military Attachés. In Belgium, the title Ambassador is only indicated for the Head of Mission of a bilateral embassy who has presented his or her Letters of Credence to His Majesty the King. The Mission Chief of a Diplomatic Mission may only carry the title of Permanent Representative if the country he represents is a member of the international organisations to which he is accredited. Mission Chiefs accredited to an international organisation, but whose country is not a member carry the title Mission Chief. The address of the temporary residence in Belgium of diplomatic officials and their family members is not indicated on the special identity card. It is not communicated to the authorities of the municipality in which the temporary residence is located: all administrative formalities are therefore carried out via the Protocol Directorate. The temporary address in Belgium of administrative and technical staff is indicated on the special identity card. It is also communicated to the municipal authorities. The vast majority of administrative formalities are also carried out via the municipalities. 2.9 Validity of special identity cards Type-D diplomatic identity cards for diplomatic officials or type-p special identity cards for administrative and technical staff are initially issued for a period of 5 years. The card is subsequently renewed for a period of 3 years, then on an annual basis. For other categories of mission staff, such as mission service staff, private domestic staff and, outside the mission, officials and persons on official missions, reference is made for the duration of validity of special identity cards to the specific official memos. As regards the situation for children, the specific official memo should also be consulted.

12 2.10 Renewal or extension of special identity cards A request for renewal or extension of special identity cards is made by a note verbale from the diplomatic mission. This request does not have to be accompanied by a new information form, provided that the information indicated on the previous form has not changed. Only part III of the information form, with a photo and signature, must be enclosed with the note verbale, with, where appropriate, a copy of a valid passport attached (if the copy previously sent to the Protocol Directorate is no longer valid). The request or renewal of the card can be made 3 months before the date of expiration. Whenever a special identity card is lost or stolen, a new card will only be prepared after presentation of a copy of a police report or proof of the filing of a police report relating to the theft or loss and on payment of the cost price. If the Protocol Directorate notes that a Mission is not returning identity cards after having received new identity cards for a member of its staff, new identity cards will no longer be issued to that Mission until all older identity cards have been returned Diplomatic staff residing abroad It may happen that a member of diplomatic staff is accredited in Belgium with official residence abroad and does not therefore reside in Belgium. In such a case, the Protocol Directorate is only able to issue him or her with a special identity card if he/she is appointed as Head of Mission, military attaché, Defence Attaché or police liaison officer. Where a member of diplomatic staff is accredited in this way in Belgium but does not reside there, the Diplomatic Mission concerned is asked to notify the Protocol Directorate in Belgium of the appointment of this person by note verbale. The Mission is asked to send, enclosed with the note verbale, a legible copy of his or her diplomatic passport. The appointment of the person in Belgium will only be effective after a positive response from the Protocol Directorate by note verbale Diplomatic list and protocol precedence list Once diplomatic officials, on behalf of an Embassy, are registered with the Protocol Directorate they are listed, with their spouse/legal partner, on the diplomatic list of their Embassy, in order of seniority of their diplomatic grade and according to their date of assumption of duties. Ambassadors are included on the protocol precedence list according to the date on which they presented their Letters of Credence to His Majesty the King. 3. Procedure for removal from the register of the Protocol Directorate 3.1 Notification of final departure or termination of functions in the mission and return of documents and CD registration plates The Diplomatic Mission is asked, pursuant to Art. 10 (1) (a) of the Vienna Convention of 1961, to notify the Protocol Directorate by note verbale of the final departure or termination of functions with the mission of the member of staff registered in the registers of the Protocol Directorate. This notification should be made on the day of the termination of duties at the very latest. of the final departure of family members must also be given (see Art. 10 (1) (b) of the Vienna Convention of 1961.

13 It will include with this note the documents which were issued through the Protocol Directorate, in particular: - The identity cards of the official and his/her family members; - (Where appropriate) the CD registration plate for private vehicles; - (Where appropriate) the authorization to possess and licence to carry a firearm; - (Where appropriate) the hunting licence; - (Where appropriate) the airport access card (to be returned to the Protocol Directorate Visits and Security Service P2). Failure on the part of the Sending State s Diplomatic Mission to return the diplomatic identity card or the CD registration plates of members of staff at the time of their departure may have repercussions for the issuing of the diplomatic identity card or CD registration plates for new members of staff. In case of special identity cards not being returned, details will be sent to the police authorities of the Schengen Area States after one month. If a mission member of staff in question immediately takes up another function (with a change of status) within the same diplomatic mission, or with another diplomatic mission of the Sending State in Brussels, he/she (as well as family members living under the same roof) must submit a completely new application and registration form to the Protocol Directorate in order to obtain a new special identity card, without however having to obtain a new visa in his or her still valid passport. 3.2 Extension of stay of a member of staff of the mission, his or her spouse/legal partner or his or her children Where the official function of a member of staff of a diplomatic mission has come to an end and where this has been officially confirmed by note verbale from the diplomatic mission to the Protocol Directorate, it is no longer competent with regard to the status of this member of staff, or for the members of his or her family who were also registered in the registers of the Protocol Directorate. It goes without saying that the person concerned may not, once notification has been given of the termination of his or her functions, present him or herself as a member of staff of the diplomatic mission. If, consequently, the holder of a special residence permit from the Protocol Directorate, or a member of his or her family, wishes, for personal reasons, to remain in Belgium after the termination of his or her official functions, he/she must then, in order to regularise his or her residency in Belgium, obtain a regular legal residence permit from the municipality in which his or her temporary residence is located at that time. As such, a person no longer has privileged status as a member of staff of a diplomatic mission, and he/she will come under the jurisdiction of the Federal Public Service Interior, Immigration Office. See the official memo on certificates of return of the diplomatic identity card. 3.3 Removal as a result of exercising a gainful professional or commercial activity If a family member of a diplomatic official registered with the Protocol Directorate exercises a gainful professional or commercial activity in Belgium in accordance with what has been laid down in the area in the official memo from the Protocol Directorate of 30 May 2008, the person concerned is asked to return his or her privileged family member special identity card to the Protocol Directorate. If the issue is covered by a bilateral agreement, the provisions of that agreement must be complied with.