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Agreement, with final protocol, signed at Washington
February 19, 1982, entered into force July 1, 1984; as amended
by an additional protocol signed at Brussels November 23, 1982, entered
into force July 1, 1984;
Administrative agreement signed at Brussels November 23, 1982, entered
into force July 1, 1984.
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Contents |
Chapter II - Provisions Applicable to the
United States
Chapter III - Provisions Applicable to
Belgium
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AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND THE KINGDOM OF BELGIUM
ON SOCIAL SECURITY
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The United States of America and
The Kingdom of Belgium
BEING DESIROUS of regulating the relationship between their two countries
in the field of Social Security, have agreed to conclude an Agreement
for that purpose, as follows:
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Definitions and Laws
ARTICLE 1
For the purposes of this Agreement:
- "Territory" means,
as regards the United States, the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam and American Samoa,
and as regards Belgium, the territory of the Kingdom of Belgium;
- "National" means,
as regards the United States, a national of the United States as defined
in Section 101, Immigration and Nationality Act of 1952, as amended,
and
as regards Belgium, a person of Belgian nationality;
- "Laws" means the laws and regulations specified in Article 2;
- "Worker" means an employed person ("un travailleur
salarie") or a person deemed equivalent to an employed person,
as well as a self-employed person, as established by the respective
laws;
- "Competent Authority" means,
as regards the United States, the Secretary of Health and Human Services,
and
as regards Belgium, the Minister for Social Affairs, the Minister for
the Middle Classes with regard to obligations imposed by virtue of the
social security system for self-employed persons and the Secretary of
State for Pensions with regard to old age and survivors benefits (pensions)
of the system for employed and self-employed persons;
- "Agency" means, as regards the United States, the Social Security
Administration, and
as regards Belgium, any institution, agency or authority responsible for
applying all or part of the laws designated in Article 2.1(b);
- "Period of coverage" means a period of payment of contributions or
a period of earnings from employment or self-employment, as defined
or recognized as a period of coverage by the laws under which such period
was completed or any similar period insofar as it is recognized by such
laws as equivalent to a period of coverage;
- "Benefit" means any cash benefit provided for in the laws of either
Contracting State;
- "Basic benefit amount" means, as regards the United States, the primary
insurance amount as provided under United States laws, and as regards
Belgium, the amount of the benefit which is payable on a worker's record
under Belgium laws;
- "Family member" means any person defined or recognized as a family
member or designated as a member of the household by the laws under
which the benefits are paid;
- "Survivor" means any person eligible for benefits based on periods
of coverage of a deceased person under the laws of each of the Contracting
States;
- "Stateless person" means a person defined as a stateless person in
Article 1 of the Convention relating to the Status of Stateless Persons
dated September 28, 1954;
- "Refugee" means a person defined as a refugee in Article 1 of the
Convention relating to the Status of Refugees dated July 28, 1951, and
the Protocol to that Convention dated January 31, 1967.
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ARTICLE II
- For the purpose of this Agreement, the applicable laws are:
- As regards the United States, the laws governing the Federal old-age,
survivors and disability insurance program:
- Title II of the Social Security Act and regulations pertaining
thereto except sections 226, 226A and 228 of that title and regulations
pertaining to those sections,
- Chapter 2 and Chapter 21 of the Internal Revenue Code of 1954
and regulations pertaining to those chapters;
- As regards Belgium, the laws governing:
- old-age and survivors pensions insurance for employed and self-employed
persons,
- disability insurance for employed and self-employed persons,
sailors of the merchant marine and miners,
and, with regard to Part III only, the laws governing:
- social security for employed persons,
- the social code for self-employed persons,
- sickness insurance for employed and self-employed persons,
- unemployment insurance,
- family allowances for employed and self-employed persons,
- annual vacations for employed persons,
- work accidents in the private sector,
- occupational disease in the private sector.
- This agreement shall also apply to the same extent to future laws
amending or supplementing the laws specified in this Article.
- Unless otherwise provided in this Agreement, laws within the meaning
of paragraph one shall not include treaties or other international agreements
concluded between one Contracting State and a third State or laws or
regulations promulgated for their specific implementation.
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General Provisions
ARTICLE III
Unless otherwise provided, this Agreement shall apply to:
- persons who are or have been subject to the laws of a Contracting
State and who are:
- nationals of a Contracting State, or
- stateless persons or refugees residing in the territory of one
Contracting State, as well as
- family members and survivors of persons in (i) or (ii);
- family members and survivors of persons who have been subject to
the laws of a Contracting State regardless of the latter persons'
nationality if the family members or survivors are nationals of a
Contracting State, or stateless persons or refugees who reside in
the territory of one Contracting State.
ARTICLE IV
- Unless otherwise provided in this Agreement, the persons designated
in Article three who reside in the territory of either Contracting State
shall, in the application of the laws of a Contracting State, receive
equal treatment with the nationals of that State.
- Unless otherwise provided in this Agreement, the laws of a Contracting
State under which entitlement to or payment of cash benefits is dependent
on residence or presence in the territory of that State shall not be
applicable to the persons designated in Article 3 who reside in the
territory of the other State.
- Nationals of a Contracting State who reside outside the territories
of both Contracting States shall receive benefits provided by the laws
of the other Contracting State under the same conditions which the other
State applies to its own nationals who reside outside the territories
of both States.
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PART
III
Provisions on Coverage
ARTICLE V
- Unless otherwise provided in this Part or the Final Protocol, a person
employed or self-employed within the territory of one of the Contracting
States shall be subject only to the laws of that State even if the person
resides in the territory of the other State, or if the person's employer
or the offices of the employer are located in the territory of the other
Contracting State.
- Unless otherwise provided in this Part, persons employed on a vessel
which files the flag of one of the Contracting States shall be subject
only to the laws of that State, even if they reside in the territory
of the other State. For the purpose of this Part, a vessel which flies
the flag of the United States shall be defined as an "American vessel"
under the laws of the United States.
- A person who is self-employed in the territory of both Contracting
States shall be subject to the laws of only the Contracting State of
which he is resident. In determining the amount of earnings creditable
and contributions payable under the laws of that Contracting State,
self-employment income earned within the territory of both Contracting
States shall be taken into account.
ARTICLE VI
The rules set forth in Article 5 shall be subject to the following exceptions:
- A person who is normally employed in the territory of a Contracting
State by his employer in that territory and who is sent by that employer
to work for that employer in the territory of the other Contracting
State, shall remain subject to the laws of only the first Contracting
State, provided that the employment in the territory of the other Contracting
State is not expected to last for more than 5 years.
- A person who is normally employed or self-employed in the territory
of one of the Contracting States and who pursues a self-employed activity
in the territory of the other Contracting State, shall remain subject
to the laws of the first Contracting State, provided that the duration
of the work in the other Contracting State is not expected to last for
more than 5 years.
- Article 5.2 shall not apply in the case of a person who is employed
in the territorial waters or in a port of a Contracting State on a vessel
flying the flag of the other Contracting State, if the person is not
ordinarily employed at sea. In such cases Article 5.1 or Article 6.1
shall apply as appropriate.
- A worker who is employed in a public or private international air
transport enterprise of one of the Contracting States as a member of
the traveling personnel and who works in the territory of the other
Contracting State on either a permanent or a temporary basis shall be
subject to the laws of only the Contracting State where the enterprise
is headquartered.
ARTICLE VII
- This Agreement shall not affect the provisions of the Vienna Convention
on Diplomatic Relations of April 18, 1961, or of the Vienna Convention
on Consular Relations of April 24, 1963.
- Notwithstanding Article 5, nationals of one of the Contracting States
who are employed by that State in the territory of the other Contracting
State but to whom the Conventions mentioned in paragraph 1 do not apply
shall be subject to the laws of only the first Contracting State.
- Persons employed by the United States Government in Belgium who are
nationals or permanent residents of Belgium and who are not United States
nationals shall be subject to Belgian laws unless they are covered under
the civil service retirement system of the United State.
- The persons referred to in paragraph 3 who are already covered by
the civil service retirement system of the United States shall remain
covered by that system and shall be exempt from the application of Belgian
laws.
ARTICLE VIII
The Competent Authorities may agree to grant an exception to the provisions
of Part III in the interest of particular workers or particular categories
of workers, provided that any affected worker shall be subject to the
laws of one of the Contracting States.
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Provisions on Benefits
CHAPTER I
General Provisions
ARTICLE IX
- Where a person has completed periods of coverage under the laws of
both Contracting States, the agency of a Contracting State which determines
entitlement to benefits under its laws shall take account of periods
of coverage which are creditable under the laws of the other Contracting
State and which do not coincide with periods of coverage credited under
its own laws.
- An agency of a Contracting State shall not apply the provisions of
Article 9.1 if the person on whose account benefits are based has sufficient
periods of coverage to satisfy the requirements for entitlement to benefits
under the laws of that Contracting State.
- Entitlement to a benefit from a Contracting State which results from
Article 9.1 shall terminate with the acquisition of sufficient periods
of coverage under the laws of that Contracting State to establish entitlement
to a higher benefit without the need to invoke the provisions of this
Article.
- This Agreement shall not prevent the application of provisions of
the laws of either Contracting State concerning the payment of benefits
that are more favorable to the persons listed in Article 3.
- The laws of one Contracting State which provide for reduction, suspension
or termination of benefits to take account of other social security
benefits or other income may be applied to beneficiaries even if benefits
are being paid by virtue of the laws of the other Contracting State
or if the individual receives income in the territory of the other Contracting
State. However, old-age, survivors, or disability benefits (pensions)
shall not be reduced by benefits of the same type if they are paid by
both Contracting States in conformity with the provisions of Article
10. For the application of this paragraph, old-age and survivors benefits
granted under United States laws shall be treated as benefits under
Article 10.
ARTICLE X
- Where entitlement to a benefit under the laws of a Contracting State
is established according to the provisions of Article 9.1, the agency
of that Contracting State shall compute a theoretical basic benefit
amount by considering (a) all the periods of coverage completed under
its own laws and (b) all the periods of coverage completed under the
laws of the other Contracting State which do not coincide with periods
of coverage completed under its own laws.
- The agency referred to in paragraph 1 shall then establish a pro rata
basic benefit amount on the basis of the theoretical basic benefit amount
by applying the ratio of the periods of coverage in clause (a) of paragraph
1 to the total of all periods of coverage in clauses (a) and (b) of
paragraph 1.
- Where a pro rata basic benefit amount has been computed, all benefits
payable by the agency referred to in paragraph 1 on the basis of a worker's
record shall be paid on the basis of that pro rata basic benefit amount.
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Chapter
II
Provisions Applicable to the United States
ARTICLE XI
- The agency of the United States shall not apply the provisions of
Chapter I in the case of a worker who has less than 6 quarters of coverage
under United States laws.
- In determining eligibility for benefits under Article 9, the agency
of the United States shall credit 1 quarter of coverage for every 3
months of coverage certified as creditable by the agency of Belgium;
however, no quarter of coverage shall be credited for any calendar quarter
already credited as a quarter of coverage under United States laws.
The total number of quarters of coverage to be credited for a year shall
not exceed 4.
- For any calendar quarter credited with a quarter of coverage based
on Belgian periods of coverage, the agency of the United States shall
take into account for purposes of computing a theoretical basic benefit
amount under Article 10 the amount of any earnings credited to the person
in that period under Belgian laws, subject to the maximum annual creditable
earnings limitation under United States laws.
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CHAPTER
III
Provisions Applicable to Belgium
ARTICLE XIII
- The agency of Belgium shall not be obliged to apply the provisions
of Chapter I in the case of a worker who has less than 18 months of
coverage under Belgian laws. In the case of disability insurance, the
agency of Belgium shall not apply the provisions of Chapter I unless
the worker has completed 18 months of coverage under Belgian laws before
the beginning of the period of incapacity for work leading to a disability.
- In determining eligibility for benefits under Article 9, the agency
of Belgium shall credit 3 months of coverage for each quarter of coverage
certified as creditable by the United States agency to the extent the
months do not coincide with months of coverage already credited as periods
of coverage under Belgian laws.
- For periods of coverage which were completed under the laws of the
United States, the Belgian agency shall credit the average of the earnings
credited under Belgian laws.
- Where under Belgian laws the basic benefit amount is determined without
regard to the duration of the periods of coverage, that amount shall
be considered the theoretical basic benefit amount for purposes of Article 10.1.
- Where periods of coverage resulting from employment or self-employment
overlap with assimilated periods, only the former shall be counted in
the application of Article 10.1.
- Where Belgian laws establish as a condition for receiving certain
benefits that the periods of coverage be completed in a given profession
or occupation which is subject to a special pension system, in determining
eligibility for such benefits only the periods completed under United
States laws in the same profession or occupation shall be totalized
with periods of coverage under such special system. If the total of
such periods of coverage does not result in entitlement under the special
system, or if totalization of such periods does not result in payment
of the highest possible benefit amount, such periods shall be used to
determine eligibility for benefits of the general pension system applicable
under Belgian laws to employed persons.
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Miscellaneous Provisions
ARTICLE XIII
The Competent Authorities of the two Contracting States shall:
- Make all necessary administrative arrangements for the application
of this Agreement and designate liaison agencies;
- Define the procedures for reciprocal administrative assistance,
including the allocation of expenses associated with obtaining medical,
administrative, and other evidence required for the application of
this Agreement;
- Directly communicate to each other information concerning the measures
taken for the application of this Agreement; and
- Directly communicate to each other, as soon as possible information
concerning all changes in their respective laws which may affect the
application of this Agreement.
ARTICLE XIV
The Competent Authorities and the agencies of the Contracting
States, within the scope of their respective authority, shall assist each
other in implementing this Agreement. This assistance shall be free of
charge, subject to exceptions to be agreed upon in an administrative agreement.
ARTICLE XV
Where the laws of a Contracting State provide that any document which
is submitted to a Competent Authority or an agency of that Contracting
State shall be exempted wholly or partly, from fees or charges, including
consular and administrative fees, the exemption shall also apply to documents
which are submitted to a Competent Authority or an agency of the other
Contracting State in accordance with its laws.
ARTICLE XVI
- The Competent Authorities and agencies of the Contracting States may
correspond directly with each other and with any person wherever the
person may reside whenever it is necessary for the administration of
this Agreement. The correspondence may be in an official language of
either Contracting State.
- An application or document may not be rejected because it is in the
official language of the other Contracting State.
- Documents and certificates which are presented for purposes of this
Agreement shall be exempted from requirements for authentication by
diplomatic or consular authorities.
ARTICLE XVII
- A written application for benefits filed with an agency of one Contracting
State shall protect the rights of the claimants under the laws of the
other Contracting State if the applicant (a) requests that it be considered
an application under the laws of the other Contracting State or (b)
in the absence of a request that it be so considered, it appears in
the determination of a claim based on that application that the person
on whose record benefits are claimed has completed periods of coverage
under the laws of the other Contracting State.
- An applicant may request that an application for old-age or survivors
benefits filed with an agency of one Contracting State not be considered
an application under the laws of the other Contracting State or that
the application be effective on a different date in the other Contracting
State within the limitations of and in conformity with the laws of the
other Contracting State.
- If, according to Belgian laws, the eligibility to certain benefits
is determined without an application, the date the eligibility is established
under Belgian laws shall, within the limits provided in United States
laws, be considered as the basis for a claim for any corresponding benefit
under United States law.
- The provisions of this Agreement shall apply only to an application
for benefits which is filed on or after the date this Agreement enters
into force.
ARTICLE XVIII
An application, appeal or other document which according to the laws
of a Contracting State must be submitted to an agency of that Contracting
State within a specified period shall be considered to have been timely
filed if it is submitted within the same period to an agency of the other
Contracting State. In such case, the agency with which the application,
appeal or document has been filed shall indicate the date of receipt on
the document and transmit it without delay to the liaison agency of the
other Contracting State.
ARTICLE XIX
- Payments under this Agreement may be made in the currency of the
Contracting State making the payment.
- In case provisions designed to restrict the exchange or exportation
of currencies are introduced by either Contracting State, the Governments
of both Contracting States shall immediately decide on the measures
necessary to insure the transfer of sums owed by either Contracting
State under this Agreement.
ARTICLE XX
- Disagreements between the two Contracting States regarding the interpretation
or implementation of this Agreement shall, as far as possible, be settled
by the Competent Authorities.
- If a disagreement cannot be resolved pursuant to paragraph 1 by the
Competent Authorities, it shall, at the request of either Contracting
State, be submitted for binding arbitration in accordance with procedures
to be agreed upon by the Contracting States.
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PART VI
Transitional and Final Provisions
ARTICLE XXI
- This Agreement shall not establish any claim to payment of a benefit
for any period before its entry into force or a lump-sum death benefit
if the person died before its entry into force.
- Consideration shall be given to periods of coverage under the laws
of either Contracting State occurring before the entry into force of
this Agreement, in order to determine the right to benefits under this
Agreement; except that neither State shall take into account periods
of coverage occurring prior to the earliest date for which periods of
coverage may be credited under its laws.
- Subject to the provisions of paragraph 1, this Agreement shall also
apply to events relevant to rights under the laws which occurred prior
to its entry into force.
- This Agreement shall not result in the reduction of cash benefit amounts
because of its entry into force.
ARTICLE XXII
The attached Final Protocol shall form an integral part of this Agreement.
ARTICLE XXIII
- This Agreement shall remain in force and effect until the expiration
of 1 calendar year following the year in which written notice of its
denunciation is given by one of the Contracting States to the other
Contracting State.
- If this Agreement is terminated by denunciation, rights regarding
entitlement to or payment of benefits acquired under it shall be retained;
the Contracting States shall make arrangements dealing with rights in
the process of being acquired.
ARTICLE XXIV
- This Agreement may be amended in the future by supplementary agreements
which from their entry into force shall be considered an integral part
of this Agreement. Such supplementary agreements may be given retroactive
effect if they so specify.
- The Competent Authority of either Contracting State may call a meeting
for the consideration of a supplementary agreement.
ARTICLE XXV
This Agreement shall enter into force on the first day of the second
month following the month in which each Government shall have received
from the other Government written notification that it has complied with
all statutory and constitutional requirements for the entry into force
of this Agreement.
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IN WITNESS WHEREOF, the undersigned, being duly
authorized thereto, have signed the present Agreement.
DONE at Washington, D.C. on February 19, 1982 in duplicate in the English,
French and Dutch languages, the three texts being equally authentic.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
John A. Svahn
FOR THE GOVERNMENT OF THE KINGDOM OF BELGIUM:
J. Raoul Schoumaker
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FINAL
PROTOCOL TO THE AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND THE KINGDOM OF BELGIUM
ON SOCIAL SECURITY
At the time of signing the Agreement between the United States of America
and the Kingdom of Belgium on Social Security, the undersigned stated
that they are in agreement on the following points:
- The Agreement shall not result in coverage under United States laws
if those laws do not provide for the collection of contributions with
respect to such coverage. Article 5.1 of the Agreement shall apply when
Article 6.1 is not applicable as a result of the preceding sentence.
- Article 6.1 shall apply in cases where a national of a State other
than a Contracting State is sent by an employer in the territory of
one Contracting State to the territory of the other Contracting State,
provided that its application does not conflict with any provision of
another treaty or international agreement between a Contracting State
and a third State.
- Article 6.1 shall apply in cases where a person is employed in the
territory of a third State, but compulsorily covered under the laws
of one of the Contracting States and is then sent by his employer to
the territory of the other Contracting State.
- Notwithstanding Article 5 of this Agreement, Belgian nationals employed
in the administrative and technical services of a Belgian diplomatic
mission or consular post in the territory of the United States shall
be subject to Belgian laws.
- Where rights to benefits under Belgian laws for persons who have served
in the armed forces or civil service are dependent on the completion
of a minimum period of coverage either before entry into or after departure
from the armed forces or civil service, periods of coverage completed
under United States laws shall also be taken into account to the extent
necessary.
- The United States shall apply Chapters I and II of Part
IV to nationals of a State other than a Contracting State who are not
included among the persons referred to in Article 3.
- With respect to Belgium, appeals which must be filed within
a given period of time with a tribunal in Belgium shall be considered
to have been timely filed if it is shown that the appeal has been filed
within such period with an agency in the United States.
- Article 4 of the Agreement shall be applied by the United States
in a manner consistent with section 233(c)(4) of the United States Social
Security Act.
- When entitlement to a benefit under United States laws is established
in accordance with the provisions of Article 9.1 of the Agreement, the
requirements of Article 10 and Article 11.3 shall be considered to be
met if the agency of the United States (a) computes the theoretical
basic benefit amount in accordance with United States laws based on
the worker's periods of coverage and average earnings credited exclusively
under United States laws, and (b) computes the pro rata basic benefit
amount by applying to the theoretical basic benefit amount the ratio
of the duration of the worker's periods of coverage credited under United
States laws to the duration of a coverage lifetime as determined in
accordance with United States laws.
DONE at Washington, D.C. on February 19, 1982 in duplicate in the English,
French and Dutch languages, the three texts being equally authentic.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
John A. Svahn
FOR THE GOVERNMENT OF THE KINGDOM OF BELGIUM:
J. Raoul Schoumaker
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ADMINISTRATIVE
AGREEMENT
FOR THE IMPLEMENTATION OF THE AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND THE KINGDOM OF BELGIUM
ON SOCIAL SECURITY
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In conformity with Article 13(a) of the Agreement between the United
States of America and the Kingdom of Belgium on Social Security of February
19, 1982 the Competent Authorities, to wit:
For the United States of America:
The Secretary of Health and Human Services, represented by: Charles
H. Price II
Ambassador of the United States of America to the Kingdom of Belgium
For the Kingdom of Belgium:
The Minister of Social Affairs,
The Secretary of State for Pensions and
The Minister for the Middle Classes represented by: J.L. Dehaene
Minister of Social Affairs
have agreed to the following provisions for the application of the Agreement:
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Chapter 1
General Provisions
Article 1
- The Agreement between the United States of America and the Kingdom
of Belgium on Social Security of February 19, 1982 shall be referred
to hereinafter as the "Agreement."
- Terms used in this Administrative Agreement shall have the same meaning
as in the Agreement.
Article 2
- In conformity with Article 13(a) of the Agreement, liaison agencies
shall be:
- For the United States: the Social Security Administration;
- For Belgium:
--The National Pensions Office for Salaried Employees with respect
to laws referred to in Article 2.1(b)(i) regarding retirement
and survivors pensions for salaried employees and self-employed persons;
--The National Sickness-Invalidity Insurance Institute with respect
to laws referred to in Article 2.1(b)(ii) of the Agreement regarding
invalidity insurance for salaried employees, for sailors of the merchant
marine, miners, and self-employed persons;
--The National Social Security Office with respect to the application
of laws referred to in Article 2.1(b)(iii) of the Agreement;
--The National Social Insurance Institute for Self-Employed Persons
with respect to the application of laws referred to in Article 2.1(b)(iv)
of the Agreement.
- The Belgian liaison agencies, with the consent of the Belgian Competent
Authorities, and the United States liaison agency shall agree upon joint
procedures and forms necessary for implementation of the Agreement and
this Administrative Agreement.
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Chapter 2
Provisions on Coverage
- Where the laws of a Contracting State are applicable in accordance
with Article 6.1 or 6.2 of the Agreement, the agency of that Contracting
State designated in paragraph 3 shall issue upon request of the employer
or self-employed person a certificate stating that the concerned employee
or self-employed person remains covered by those laws and the date this
coverage is expected to end.
- In all other cases where the laws of the Contracting State are applicable
in accordance with Part III of the Agreement, the agency of the Contracting
State designated in paragraph 3 whose laws are applicable shall furnish
upon request of the employer or self-employed person a certificate stating
that the concerned employee or self-employed person is subject to the
laws of that Contracting State.
- The certificates referred to in paragraphs 1 and 2 shall be issued:
-- in the United States
by the Social Security Administration
-- in Belgium
by the National Social Security Office with respect
to employed persons, and
by the National Social Security Institute for Self-Employed Persons
with respect to self-employed persons.
The agency of either Contracting State which issues a certificate
referred to in paragraphs 1 and 2 shall furnish without delay a copy
of the certificate to the liaison agency of the other Contracting
State as needed by the latter agency.
- In the application of Article 5.3 of the Agreement, a self-employed
person shall, if requested by an agency of a Contracting State designated
in paragraph 3, furnish to that agency a copy of tax returns filed with
the tax authorities of the other Contracting State for any year or years
specified by that agency. The person asked to provide this information
shall have the requested copy or copies certified as true and exact
by the tax authorities of the Contracting State with which the tax returns
were filed. Pending receipt of the certified copy or copies, the agency
may provisionally assess a contribution in an amount to be determined
by the Competent Authority whose laws are applicable in accordance with
Article 5.3 of the Agreement.
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Chapter 3
Provisions on Benefits
Article 4
- The liaison agency of the Contracting State with which an application
for benefits is filed in accordance with Article 17 of the Agreement
shall inform the liaison agency of the other Contracting State of this
fact without delay, using forms established for this purpose. It shall
also transmit documents and such other available information as may
be necessary for the agency of the other Contracting State to establish
the right of the applicant to benefits according to the provisions of
Part IV of the Agreement.
- The agency of the Contracting State with which an application for
benefits has been filed shall verify the accuracy of the information
pertaining to the applicant and his family members. The types of information
to be verified shall be agreed upon by the liaison agencies.
- The liaison agency of a Contracting State which receives an application
filed with an agency of the other Contracting State shall without delay
provide the liaison agency of the other Contracting State with such
evidence and other available information as may be required to complete
action on the claim.
Article 5
In the application of Articles 9, 10 and 11 of the Agreement, the Belgian
liaison agency shall notify the United States liaison agency of the months
in which a person completed periods of coverage under Belgian laws, and
if necessary, the person's creditable earnings in any year during which
periods of coverage were completed under Belgian laws.
Article 6
In the application of Articles 9, 10 and 12 of the Agreement, the United
States agency shall when necessary notify the Belgian agency of the periods
of coverage which a person has completed under the laws of the United
States as well as the amount of the benefit to which the person is entitled.
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Chapter 4
Miscellaneous Provisions
Article 7
In accordance with measures to be agreed upon pursuant
to Article 2 of this Administrative Agreement, the agency of one Contracting
State shall, upon request of the agency of the other Contracting State,
furnish available information for the purpose of administering the Agreement
or the laws specified in Article 2.1 of the Agreement.
Article 8
Copies of documents which are certified as true and exact copies by the
agency of one Contracting State shall be accepted as true and exact copies
by the agency of the other Contracting State, without further certification.
The agency of each Contracting State shall be the final judge of the probative
value of the evidence submitted to it.
Article 9
The liaison agencies of the two Contracting States shall exchange statistics
on the payments made to beneficiaries under the Agreement for each calendar
year in a form to be agreed upon. The data shall include the number of
beneficiaries and the total amount of benefits, by type of benefit.
Article 10
- Where administrative assistance is requested under Article 14 of the
Agreement, expenses other than regular personnel and operating costs
of the agencies providing the assistance shall be reimbursed.
- Upon request, the agency of one Contracting State shall furnish without
expense to the agency of the other Contracting State all medical information
and documentation which is available relevant to the disability of a
claimant or beneficiary.
- Where the agency of a Contracting State requires that a claimant
or beneficiary submit to a consultative medical examination, such examination,
if requested by that agency, shall be arranged by the agency of the
other Contracting State in which the claimant or beneficiary is present,
in accordance with the rules of the agency making the arrangements and
at the expense of the agency which requests the examination.
- Amounts owed under paragraphs 1 and 3 shall be reimbursed upon presentation
of a detailed statement of expenses.
Article 11
Unless authorized by the national statutes of a Contracting State, information
about an individual which is transmitted in accordance with the Agreement
to that Contracting State by the other Contracting State shall be used
exclusively for purposes of implementing the Agreement. Such information
received by a Contracting State shall be governed by the national statutes
of that Contracting State for the protection of privacy and confidentiality
of personal data.
Article 12
This Administrative Agreement shall enter into force on the date of entry
into force of the Agreement and shall have the same period of validity
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Done at Brussels, on 23rd of November, 1982,
in duplicate in the English, French and Dutch languages, the three texts
being equally authentic.
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For the Government of the United States of America:
Charles H. Price II
For the Government of the Kingdom of Belgium:
J. L. Dehaene
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