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

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 ................................................................................................................................ 3

1.1 The members of the diplomatic and administrative and technical staff of the diplomatic mission ..................................................................................................................................... 3

1.2 Diplomatic mission note verbale .............................................................................................. 4

1.3 Agrément procedure for the Head of Mission ......................................................................... 4

1.4 Approval procedure for military attachés and police liaison officers ..................................... 4

1.5 Staff complement of the diplomatic mission within reasonable, normal limits ..................... 4

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 ........................................................................... 5

1.7 The privileged status is granted by the Receiving State .......................................................... 5

1.8 Diplomatic staff have the nationality of the Sending State ..................................................... 5

1.9 No privileged status for Belgian citizens .................................................................................. 5

1.10 No privileged status for persons registered in a Belgian municipality .................................... 6

1.11 The temporary duration of the residence does not affect the person’s status ...................... 6

1.12 Privileges and immunities to ensure the proper functioning of the mission .......................... 6

1.13 Family members residing under the same roof ....................................................................... 6

1.14 A special identity card is a temporary residence permit ......................................................... 7

1.15 One special identity card per person ....................................................................................... 7

1.16 Loss/theft of the identity card ................................................................................................. 8

2. Procedure for registration in the register of the Protocol Directorate ............................................... 8

2.1 Note verbale and registration form ......................................................................................... 8

2.2 Passport .................................................................................................................................... 9

2.3 Visa application ........................................................................................................................ 9

2.4 Date of assumption of duties ................................................................................................. 10

2.5 Address ................................................................................................................................... 10

2.6 Use of names .......................................................................................................................... 10

2.7 Types of special identity cards ............................................................................................... 10

2.8 References on special identity cards ..................................................................................... 11

2.9 Validity of special identity cards ............................................................................................ 11

2.10 Renewal or extension of special identity cards ..................................................................... 12

2.11 Diplomatic staff residing abroad ............................................................................................ 12

2.12 Diplomatic list and protocol precedence list ......................................................................... 12

3. Procedure for removal from the register of the Protocol Directorate ............................................. 12

3.1 Notification of final departure or termination of functions in the mission and return of documents and CD registration plates .................................................................................. 12

3.2 Extension of stay of a member of staff of the mission, his or her spouse/legal partner or his or her children ........................................................................................................................ 13

3.3 Removal as a result of exercising a gainful professional or commercial ............................... 13

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.

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.

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.

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.

1.10 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 1961.

Persons recruited locally cannot benefit from privileged status (see official memo on

staff recruited locally).

1.11 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.

1.12 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.”

1.13 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.

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.

1.14 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. 28669

and 13 June 2005, p. 15092).

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.

1.15 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.

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.

1.16 Loss/theft of the identity card

In case of loss or theft of a special identity card, in accordance with Art. 14 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: http://diplomatie.belgium.be/fr/binaries/8_tcm313-82455.pdf –

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.

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.

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. 28669).

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.

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.

2.11 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.

2.12 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.

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.