O presente Acordo entrará em vigor trinta (30) dias após a data da última Nota Verbal pela qual as Partes se notificam mutuamente de que foram cumpridos os procedimentos jurídicos internos necessários para a entrada em vigor do Acordo.
Em fé do que, os abaixo assinados, devidamente autorizados pelos respetivos Estados, assinaram o presente Acordo.
Feito em Nairobi, a 12 de junho de 2018, em dois originais, nas línguas portuguesa e inglesa, fazendo ambos os textos igualmente fé.
Pela República Portuguesa:
Teresa Ribeiro, Secretária de Estado dos Negócios Estrangeiros e da Cooperação.
Pela República do Quénia:
Macharia Kamau, Principal Secretary para os Negócios Estrangeiros.
AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE REPUBLIC OF KENYA ON COOPERATION
Preamble
The Portuguese Republic and the Republic of Kenya, hereinafter referred to collectively as the "Parties" and in singular as "Party".
Desiring to enhance the existing friendly relations between them and to strengthen the historical ties between their nationals;
Recognizing that constructive and permanent dialogue on aspects of bilateral relations and other global issues is useful and contributes to better reciprocal understanding, thus promoting closer relations between the Parties;
In the spirit of mutual understanding and willing to promote and support cooperation between both States in the political, economic, commercial, investment, education, science, technology, cultural, information and media, tourism, youth and sports fields;
Acknowledging the benefits that may derive from strengthening this cooperation, based on equality, reciprocity, mutual respect and in accordance with the legislation prevailing in both States;
Recognizing the need for a framework to facilitate coordinated cooperation between the Parties on identified fields;
Have agreed as follows:
Article 1
Purpose
The Parties shall endeavor to promote and support cooperation between them.
Article 2
Areas of cooperation
The Parties shall encourage cooperation between them and their nationals, both natural and legal persons, in the political, economic, investment, education, science, technology, cultural, information and media, tourism, transport, youth and sports fields.
Article 3
Forms of cooperation
The Parties shall intensify permanent dialogue between them also by:
- a)Furthering the exchange of information, consultation, coordination and cooperation on issues of common concern to both;
- b)Encouraging political and senior official level visits between the two Parties, with the view to deepen bilateral relations and discussing international issues of common interest;
- c)Endeavoring to promote and enhance regular exchanges and consultation between their high ranking officials, including while participating at international conferences of various kinds;
- d)Making internet platforms available for the teaching and/or learning of their languages and dissemination of the respective cultures;
- e)Promoting the circulation of periodic publications of literary, cultural and artistic nature, between their institutions.
Article 4
Cooperation in the areas of Primary and Secondary Education
- a)The Parties shall promote the exchange of information and of innovating experiences with the aim of achieving mutual knowledge of the respective education systems.
- b)The Parties shall stimulate cooperation between education institutions, namely having in view the development of joint projects.
- c)The Parties shall promote the implementation of methods and conditions in which each one of them will be able to grant the mutual recognition of equivalence of studies, certificates and diplomas of primary and secondary education.
Article 5
Higher education, Science and Technology
- a)The Parties shall encourage cooperation in the fields of higher education, science and technology by exchanging information in areas of mutual interest, visits of managers, researchers, experts and technicians, training researchers and technical assistants, and participating in scientific conferences and symposia.
- b)The Parties shall encourage the exchange of information on Higher Education, in order to facilitate the knowledge of the respective systems, with regard to the recognition and equivalence of university degrees, based on the principle of mutual trust, according to their national legislation in force for the duration of this Agreement.
Article 6
Cooperation in the field of Culture
The Parties, desiring to strengthen the relations of friendship and the historical ties that unite them, shall promote dialogue between their cultures and will try to develop initiatives aiming to intensify the cooperation between both States, namely in the context of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (UNESCO, 2005).
Article 7
Grant of scholarships
The Parties shall grant, on reciprocal basis, scholarships to support research in the field of the Language and Culture of both countries.
Article 8
Cinema and Audio-Visual
The Parties shall encourage direct cooperation in the fields of cinema and audio-visual, between their respective entities, specialists and researchers.
Article 9
Illegal Trade of Work of Art
The Parties shall ensure, according to each one's legislation and to international law, the adoption of measures that combat the illegal trade of works of art, documents and other objects of historical or archaeological value.
Article 10
Safeguard of the National Heritage
In order to safeguard the national heritage of each State, the Parties undertake to care for and watch over the security and safeguard of work of art while in a situation of temporary importation under this Agreement.
Article 11
Co-operation in the fields of Sports and Youth
- a)The Parties shall promote cooperation between organizations in the field of sport, governmental and nongovernmental, in the context of sports training, doping control and exchange of sports technicians and athletes.
- b)The Parties shall encourage the exchange and institutional cooperation in the field of youth, in order to deepen the knowledge about the reality of young people in each State.
Article 12
Cooperation in the field of Media
The Parties express interest in encouraging direct relationship between the entities that, in Portugal and Kenya, are responsible for public services and activities in the field of media.
Article 13
Economic Cooperation
The Parties shall promote and facilitate cooperation in the economic sector, particularly but not exclusively in the fields of entrepreneurship and small business, promotion of best practices, equipment and technologies, rural development, agriculture and livestock, sea and maritime resources, tourism, infrastructure and transport, including port management, communication and information technologies.
Article 14
Trade expansion
The Parties shall do their utmost to encourage trade expansion and diversification between them, within the framework of the international trading system.
Article 15
Investment
- a)The Parties shall, according to their legislation, encourage and promote investments by their citizens and corporations in all fields, as appropriate.
- b)The Parties shall encourage the establishment of joint ventures in accordance with the legislation that regulates investments in their countries.
Article 16
Visit and exhibitions
The Parties shall encourage exchange of visits between their representatives, of economic, trade and technical delegations, including the private sector, participation in exhibitions and will provide the necessary facilities to enhance cooperation between the Parties.
Article 17
Standing Bilateral Commission
- a)To ensure the implementation of this Agreement, the Parties shall establish a Standing Bilateral Commission that will meet regularly at senior official level and alternatively in Portugal and in Kenya.
- b)The Parties shall agree on the level of representation, dates, venue and agenda of the Standing Bilateral Commission through diplomatic channels.
- c)The outcome of the meeting of the Standing Bilateral Commission shall not be made public unless otherwise agreed upon by the Parties.
Article 18
Communication
All communication shall be done through the established diplomatic channels of the Parties.
Article 19
Industrial and Intellectual property rights
The Parties shall promote and watch over the protection of industrial and intellectual property rights, as well as copy and related rights, under the legal regulations in effect in each country as well as the international agreements of which both are Party.
Article 20
Implementation
The Parties shall endeavor to encourage the conclusion of joint executive cooperation programmes in any field covered by this Agreement, as well as the conclusion of other implementation instruments.
Article 21
Other international obligations
The provisions of this Agreement shall not affect the rights and obligations arising from other international conventions, to which both are Party.
Article 22
Settlement of disputes
Any dispute concerning the interpretation or application of this Agreement shall be settled through negotiation between the Parties, through the diplomatic channels.
Article 23
Amendment
- a)This Agreement may be amended at the request of one of the Parties.
- b)The amendments shall enter into force in accordance with the terms specified in Article 25 of this Agreement.
Article 24
Duration and Termination
- 1 -This Agreement shall remain in force for successive and automatically renewable periods of five (5) years.
- 2 -Either Party may, at any time, terminate this Agreement upon a prior notification in writing through diplomatic channels.
- 3 -This Agreement shall terminate one hundred and eighty (180) days after the receipt of such notification.
- 4 -The termination of this Agreement shall not affect the implementation of the programmes and projects agreed throughout its duration, unless otherwise agreed by the Parties.
Article 25
Entry into Force
This Agreement shall enter into force thirty (30) days after the date of the latter Diplomatic Note by which the Parties notify each other of the completion of their internal legal procedures required for the entry into force of the Agreement.
In witness whereof, the undersigned, being duly authorized by their respective States, have signed this Agreement.
Done in Nairobi on this day 12th of June 2018 in two originals, in the Portuguese and English languages, both texts being equally authentic.
For the Portuguese Republic:
Hon. Teresa Ribeiro, Secretary of State of Foreign Affairs and Cooperation.
For the Republic of Kenya:
Amb. Macharia Kamau, MBS, Principal Secretary for Foreign Affairs.
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