O Acordo entrará em vigor no 30.º dia após a receção da última notificação, por escrito e por via diplomática, confirmando que foram cumpridos todos os requisitos internos necessários de ambas as Partes para a entrada em vigor.
Feito em Zagrebe em 18 de maio de 2017, em dois originais, nas línguas portuguesa, croata e inglesa, sendo todos os textos igualmente autênticos. Em caso de divergência de interpretação, o texto em língua inglesa prevalece.
Pela República Portuguesa:
(ver documento original)
Pela República da Croácia:
(ver documento original)
AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE REPUBLIC OF CROATIA ON THE GAINFUL OCCUPATION OF MEMBERS OF THE FAMILY OF MEMBERS OF DIPLOMATIC MISSIONS OR CONSULAR POSTS.
The Portuguese Republic and the Republic of Croatia (hereinafter referred to as "the Parties"):
Taking into consideration the contemporary trends and requirements in diplomatic relations and with a view to ensure the rights of members of the family of members of Diplomatic Missions or Consular Posts engaged in a gainful occupation;
In their desire to permit, on the basis of reciprocity, the free exercise of gainful occupation, of members of the family of members of Diplomatic Missions or Consular Posts of one of the Parties assigned to official duty in the territory of the other Party:
have agreed as follows:
Article 1
General definitions
For the purposes of this Agreement:
1) "A member of Diplomatic Mission or Consular Post" means any employee of the sending State, who is not a national of or permanently resident in the receiving State, and who is assigned to official duty in Diplomatic Mission or Consular Post of the sending State in the receiving State;
2) "A member of the family" means a person who the receiving State has accepted as such and who forms a part of the household of a member of Diplomatic Mission or Consular Post. The "members of the family" shall include:
- a)Spouse or partner benefiting from a Iegally equivalent status in the sending State;
- b)Single, dependent children and stepchildren, officially accredited in accordance with the law of each State; and
- c)Single, dependent children and stepchildren, when suffering from physical or mental disabilities, with no age limit;
3) "Relevant Conventions" means the Vienna Convention on Diplomatic Relations of 18 April 1961 and the Vienna Convention of Consular Relations of 24 April 1963.
Article 2
Scope of the Agreement
- 1 -On the basis of reciprocity, members of the family shall be authorized to engage in gainful occupation in the receiving State after obtaining the appropriate authorization, in accordance with the relevant laws and regulations of the receiving State and subject to the provisions of this Agreement.
- 2 -With respect to the gainful occupations where particular qualifications are required, it shall be necessary for members of the family to meet those qualifications and to respect the relevant laws and regulations of the receiving State that regulate those occupations.
- 3 -Authorization may be denied in those cases where, for reasons of security, exercise of public security or to safeguard the national interests of the State or the Public administration, only nationals of the receiving State may be engaged in gainful occupation concerned.
- 4 -The receiving State may, at any time, refuse or withdraw authorization for engaging in a gainful occupation, if member of the family does not obey the relevant laws and regulations of the receiving State.
Article 3
Procedures
- 1 -An official request for authorization to engage in gainful occupation shall be sent on behalf of the member of the family by Diplomatic Mission of the sending State to the Ministry of Foreign Affairs of the receiving State. The request must indicate the relationship of the member of the family to the member of diplomatic mission or consular post on whom he/she is dependant as well as the gainful occupation in which he/she is to be engaged.
- 2 -The ensuing procedures shall be applied in a way which enables the member of the family to engage in gainful occupation as soon as possible.
- 3 -The Ministry of Foreign Affairs of the receiving State shall promptly and officially inform the Diplomatic Mission of the sending State that a member of the family is authorized to engage in gainful occupation.
- 4 -Should a member of the family wish to change employer after he/she has been given authorization to engage in gainful occupation under this Agreement, a new request for authorization must be submitted.
Article 4
Civil and administrative privileges and immunities
In case of members of the family who enjoy immunity from the civil or administrative jurisdiction of the receiving State in accordance with the relevant Conventions, such immunity shall not apply in respect of any act or omission carried out in the course of a gainful occupation and falling within the civil or administrative jurisdiction of the receiving State.
Article 5
Criminal immunity
- 1 -In case of members of the family who enjoy immunity from the criminal jurisdiction of the receiving State in accordance with the relevant Conventions, the provisions concerning immunity from criminal jurisdiction of the receiving State shall continue to apply in respect of any act carried out in the course of a gainful occupation.
- 2 -However, in case of serious offences carried out in the course of a gainful occupation, upon the written request of the receiving State, the sending State shall seriously consider waiving the immunity of a member of the family concerned from criminal jurisdiction of the receiving State.
- 3 -Such a waiver of immunity from criminal jurisdiction shall not be construed as extending to immunity from execution of the sentence, for which a specific waiver shall be required. In such cases, the sending State shall give serious consideration to waiving the latter immunity.
Article 6
Taxation and social security regimes
In accordance with the relevant Conventions members of the family engaged in gainful occupation in the receiving State shall be subject to the taxation and social security regimes of the receiving State for all matters connected with their gainful occupation in that State.
Article 7
Validity of the authorization
- 1 -A member of the family shall be authorized to engage in gainful occupation from the time of the arrival of the member of Diplomatic Mission or Consular Post in the receiving State until the time of departure of the latter or until the end of a reasonable period thereafter.
- 2 -The authorization for a gainful occupation shall terminate in case of separation or divorce, or end of the co-habitation in case of single dependent member of the family.
- 3 -Gainful occupation taken up in accordance with the terms of this Agreement shall neither entitle the concerned member of the family to continue to reside in the receiving State nor shall it entitle the aforesaid member of the family to remain in such occupation or to enter into any other gainful occupation in the receiving State after the authorization has been terminated.
Article 8
Recognition of degrees
This Agreement shall not imply the recognition of degrees, grades or studies between the Parties.
Article 9
Settlement of disputes
Any differences or disputes regarding the interpretation or application of this Agreement shall be settled by consultations and negotiations between the Parties through diplomatic channels.
Article 10
Amendments
- 1 -This Agreement may be amended at any time by mutual written consent of the Parties.
- 2 -Such amendments shall enter into force in accordance with article 12 of this Agreement.
Article 11
Duration and termination
- 1 -This Agreement shall remain in force for an undefinite period of time.
- 2 -This Agreement may be terminated by either Party, at any time, by giving written notice to the other Party, through diplomatic channels of its intention to terminate it.
- 3 -The termination of this Agreement shall take effect three (3) months after the receiving date of the aforementioned notification.
- 4 -The termination shall not affect the validity of authorizations to engage in a gainful occupation already given to members of the family in accordance with this Agreement, unless the Parties decide otherwise in each specific case.
- 5 -The Parties shall undertake to apply this Agreement in good faith and shall amend it as appropriate, in line with the needs and interests of both Parties.
Article 12
Entry into force
The Agreement shall enter into force thirty (30) days after the reception of the last of the diplomatic notes confirming that the internal legal procedures necessary for its entry in force have been completed.
Done at Zagreb on 18th May 2017, in two originals, each in the portuguese, croatian and english languages, all texts being equally authentic. In case of divergence of interpretation, the english text shall prevail.
For the Portuguese Republic:
(ver documento original)
For the Republic of Croatia:
(ver documento original)
111039258