of validity of such visas to a maximum of two months and good for several trips. "The normal period of validity of a temporary visitor's visa issued by the Government of the United States is twelve months, provided the applicant's passport is valid for that period. Such period of validity could not be modified generally and limited to a period of two months without excessive administrative difficulties. It would appear, therefore, that the arrangement suggested by the Belgian Government could not be feasibly effected upon a reciprocal basis. It is the period of validity of the visa granted by a foreign country which must be equal to the period of validity of the visa issued by the Government of the United States, and not the period or the duration of the stay of the individuals in each country. "The Government of the United States hopes that further discussions will lead to the conclusion of a reciprocal arrangement whereby bearers of passports issued by the Government of the United States, in possession of nonimmigrant visas issued by the Belgian Government, may enter and reenter Belgium one or more times within a normal period equivalent to that of the validity of a passport visa issued by the Government of the United States, that is, one year." BRUSSELS, March 27, 1946. The Ministry for Foreign Affairs and Foreign Commerce [TRANSLATION] MINISTRY OF FOREIGN AFFAIRS AND FOREIGN COMMERCE No. 2202/Pr/United States BRUSSELS, November 23, 1946 The Ministry of Foreign Affairs and Foreign Commerce has the honor to inform the Embassy of the United States of America in Brussels, with reference to its note No. 149[631] of March 27, 1946, that the competent Administrations, after examining the question, have agreed to extend from two months to a maximum of one year, on a basis of reciprocity, the period of validity of travel visas which could be issued directly and free of charge to United States nationals by Belgian career diplomatic and consular agents, by virtue of the new arrangement to be concluded between the two countries. Notwithstanding the period of validity of their travel visa, United States nationals who do not wish to establish themselves in Belgium will not be required to have professional cards. Therefore, from that point of view, they will, in fact, be placed in the same status as foreigners exempted from the formality of the visa. The Minister would be grateful if the Embassy would notify it of the date on which the United States Government would be prepared to have the provisions of the aforesaid arrangement enter into force. MINISTRY OF FOREIGN AFFAIRS AND FOREIGN COMMERCE EMBASSY OF THE UNITED STATES Of America No. 600 The American Embassy to the Ministry for Foreign Affairs AMERICAN EMBASSY, BRUSSELS. The American Embassy at Brussels presents its compliments to the Ministry of Foreign Affairs and Foreign Commerce, and has the honor to refer to the Ministry's note of November 23, 1946, in which it was stated that the Ministry is agreeable to entering into an agreement with the United States Government to permit the reciprocal issuance of visitors' visas to nationals of both countries, valid for one year, without fees. The Embassy is in receipt of instructions from the Department of State authorizing it to conclude arrangements for the reciprocal agreement and, if it is agreeable to the Ministry of Foreign Affairs and Foreign Commerce, the Embassy would suggest that the effective date for the reciprocal waiver of fees for visitors' visas be set as February 17, 1947. The Embassy will appreciate it if the Ministry of Foreign Affairs and Foreign Commerce will indicate whether this date is acceptable to the Belgian Government and takes this occasion to renew the assurances of its highest consideration. BRUSSELS, January 17, 1947 The Ministry for Foreign Affairs and Foreign Commerce MINISTRY OF FOREIGN AFFAIRS [TRANSLATION] BRUSSELS, February 3, 1947 The Ministry of Foreign Affairs and Foreign Commerce has the honor to inform the Embassy of the United States in Brussels, in further reference to its note No. 600 of January 17, 1947, that the Belgian Government agrees that February 17, 1947, shall be fixed as the date of the entry into force of the arrangement concluded between the two countries in the matter of passport visas. The necessary instructions will be transmitted to Belgian diplomatic and consular agents abroad. WAR GRAVES AND BATTLE MONUMENTS Exchange of notes at Brussels June 6 and July 23, 1947 Entered into force July 23, 1947 Amended by agreements of January 17 and 31, 1949,' and December 28, 1954, and January 7, 1955 2 2 I have the honor to inquire whether Your Excellency's Government would be willing to accord to the United States Government the concessions set forth below. These concessions are desired in order to facilitate the interment in Belgium, or the removal to their own country, of the bodies of American nationals killed in the World War of 1939-1945, or whose death in the European theater of operations can be directly attributed to that war, or who died in this theater of operations while employed or otherwise engaged in activities contributing to the prosecution of that war, and to permit the establishment, construction, improvement and proper maintenance of permanent cemeteries for the final burial of, and memorials in commemoration of, American nationals who lost their lives in the above-mentioned war. I The Belgian Government grants to the United States of America the right to establish and maintain temporary cemeteries within Belgium subject to such control as is necessary, for the burial of persons who so lost their lives, and to make exhumations therefrom or from other locations for return to the 1TIAS 1969, post, p. 705. 26 UST 992; TIAS 3239. United States or for concentration in permanent cemeteries within Belgium including movement of bodies from other countries into Belgium. In view of the limited area of Belgium and the large number of military cemeteries. therein already established, the Government of the United States will limit as much as possible the number of bodies of American Nationals to be moved into Belgium from other countries. No mass movement of bodies from other countries to cemeteries within Belgium for permanent interment will be undertaken by the Government of the United States. II The Government of the United States shall be exempted from generally applicable laws and regulations of the Belgian Government relating to hygiene and the securing of permits in connection with the burial, disinterment for reburial and movement of bodies. However the Government of the United States engages to conduct such work in a manner which will in no way constitute a danger to public health and to make such sanitary arrangements as are necessary for the purpose. Exhumations, burials and movements of bodies shall be exempted from all Belgian taxes, excepting stamp taxes. III The Government of the United States may import into Belgium from any country, and re-export therefrom after use thereof, free of customs duties and other taxes, excepting stamp taxes, the equipment, supplies and materials, including means of transportation by air, land or water, as are necessary for the accomplishment of any of the purposes of this agreement. None of such equipment, supplies and/or materials will be sold in Belgium, or be left in Belgium after completion of the mission in which it is used, excepting with the express permission of the Belgian Government. American personnel designated by the Government of the United States shall be permitted free entry into, and departure from, Belgium. IV1 The Government of the United States shall be permitted the use of railroads, highways, navigable waters, ports, port installations and buildings for office, warehouse and billet purposes, together with the necessary services and Belgian labor, to the extent required for the accomplishment of the purposes of this agreement, subject only to payment of the established rates of compensation therefor. V The Belgian Government will acquire such sites for permanent cemeteries (Fields of Honor) and/or memorials, as are deemed necessary by the Govern For a rewording of art. IV, see TIAS 1969, post, p. 705. ment of the United States, with usage thereof in perpetuity reserved to the Government of the United States, free of charge or compensation. Such sites shall be at locations mutually agreed upon and include sufficient ground in addition to burial space, for proper beautification, required approach roads and the construction of such buildings as are essential to the reception of visitors, housing of caretakers and maintenance purposes. Land so acquired, and the buildings and improvements thereon, shall be exempt from taxes excepting the registration tax. The right to the usage of such lands includes the right to plan, design, layout and improve permanent cemeteries, memorials, monuments and other buildings thereon, and to beautify the grounds and provide for the perpetual custody and maintenance of such cemeteries and memorials, upon receiving prior approval of competent Belgian authorities. No construction, including the establishment of simple inclosures, may be undertaken within 10 meters of foreign territory, or within 5 meters of any road, the center of which constitutes an international boundary line. VI Salaries and other remuneration paid by the United States to personnel who are citizens of the United States while engaged in the operations contemplated by this agreement, shall be exempted from any and all forms of taxation, direct or indirect, excepting however that such citizens, if domiciled in, or having their permanent residence in Belgium, shall be liable for payment of the professional tax and the national emergency tax on their earnings and also the complimentary personal tax. It is understood that if a treaty for the avoidance of double taxation, now under negotiation between the Belgian and United States Governments, is adopted and supplemented by law, American personnel in charge of permanent cemeteries will be exempted from tax on their earnings. Pending adoption of such treaty, temporary postponement of taxation on such earnings may be arranged if expressly requested by competent United States authorities, with indication of names and addresses of the persons concerned. VII The provisions of this agreement shall apply with equal force and effect to the shipment of remains from other foreign countries into Belgium and the disposition thereof, where the next of kin reside in Belgium or one of its possessions or territories and request final interment of remains in a permanent United States Military Cemetery in Belgium. VIII The Belgian Government will undertake to initiate legislation in the Belgian Parliament for the exemption from stamp taxes and other taxes not expressly waived in this agreement, referred to in paragraphs II, III and V above. |