Este Protocolo entrará em vigor a partir do momento em que por ambas as Partes estejam cumpridas as formalidades constitucionais.
Feito em Lisboa, aos 7 de Abril de 1988, nas versões portuguesa e inglesa, prevalecendo esta em caso de dúvidas sobre a sua interpretação.
Pelo Governo Português:
José Manuel Durão Barroso, Secretário de Estado dos Negócios Estrangeiros e da Cooperação.
Pela Organização das Nações Unidas para o Desenvolvimento Industrial:
(Assinatura ilegível), Director-Geral.
MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE PORTUGUESE REPUBLIC AND THE UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION.
The United Nations Industrial Development Organization, hereinafter called «UNIDO», and the Government of the Portuguese Republic, hereinafter called «Government»:
Concerned with the need to accelerate the industrial development of the developing countries;
Recognizing the need for and importance of increased assistance to such development;
Recalling the Memorandum of Understanding concluded in Vienna on 17 December 1984 between the Government and UNIDO established as an autonomous organization within the United Nations by resolutions 2089(XX) and 2152(XXI) of the General Assembly of the United Nations;
agree as follows:
Article I
The two parties have agreed to co-operate in carrying out industrial development programmes for the benefit of the developing countries, with special emphasis on those having Portuguese as their official language.
Article II
- 1 -These programmes should cover, among others, the following industrial areas:
- a)Development of human resources;
- b)Science and technology;
- c)Development and transfer of technology;
- d)Industry and correlative industrial activities such as industrial infrastructure, management of industrial enterprises, namely small and medium-sized ones, feasibility studies and industrial maintenance;
- e)Industrial opportunities studies and investment promotion; and
- f)Production and consumption of energy and management of energy.
- 2 -On the basis of the above-listed programmes, co-operation should be carried out in one or more of the following ways:
- a)Exchange of technical and scientific data;
- b)Consulting services;
- c)Preparation of either global or sectoral studies and or project proposals subject to consideration by both parties;
- d)Seminars and symposia, study tours, training programmes;
- e)International co-operation resulting from the system of consultations; and
- f)Any other means which might be mutually considered as advisable and efficient for the benefit of the developing countries.
Article III
On the basis of the programmes listed in paragraph 1 of article II, UNIDO shall:
- a)Identify the projects which could lead to co-operation between the two parties;
- b)Discuss with the Government the ways in which those projects may be carried out most efficiently for the benefit of the recipient countries;
- c)Administer and co-ordinate the implementation of the jointly selected projects and ensure that they are effectively and efficiently implemented;
- d)Submit to the Government regular reports in accordance with the principles and practices of the UNIDO evaluation system;
- e)Send to the Ministry of Foreign Affairs periodic publications which may help the Government in the exercise of its functions as referred to under the terms of this Memorandum of Understanding; and
- f)Accept, on a continuing basis, for appraisal and possible inclusion on its roster, suitable qualified candidates from all professional categories, who might be submitted through the Ministry of Foreign Affairs.
Article IV
- 1 -On the basis of the programmes listed in paragraph 1 of article II, the Government shall:
- a)Provide the relevant expertise and technology required for the effective implementation of the jointly selected projects, in accordance with the relevant rules and procedures of UNIDO and with the assistance of the Ministry of Foreign Affairs, as necessary; and
- b)Ensure, whenever requested, that the public is made aware of UNIDO's requirements for technology and qualified professionals through the Ministry of Foreign Affairs, which will be the co-ordinating national service in charge of the implementation of the present Memorandum of Understanding.
- 2 -With specific regard to training programmes, the Government shall:
- a)Provide a mechanism to facilitate the placement of fellows;
- b)Expand the access of the developing countries to Portuguese training facilities; and
- c)Ensure that the relevant institutions carry out training programmes along the lines mutually agreed upon.
Article V
- 1 -Within the scope of the present Memorandum of Understanding, UNIDO and the Government may agree upon the necessity of exchanging sectoral notes of understanding with a view to co-ordinating the work carried out by the parties in respect of the identification, preparation and implementation of joint actions relevant for the industrial promotion of the developing countries.
- 2 -UNIDO and the Government shall establish a joint commission which shall act in an advisory capacity to study and report on matters relating to the implementation of the present Memorandum of Understanding.
- 3 -The joint commission shall meet regularly once a year in such places as may be mutually selected for each meeting, preferably Vienna or Lisbon, for the purpose of examining the development of the programmes and projects in the process of execution, and promoting the exchange of data relating to the intensions of each party in respect of the implementation of the present Memorandum of Understanding. The joint commission shall also establish and complete a programme of work for the ensuing two years.
- 4 -The delegation of the Government shall be composed of members from the Institute for the Economic Co-operation/Ministry of Foreign Affairs and from the Studies and Planning Board/Ministry of Industry and Energy and, whenever the matters under examination so require, it may be extended to members from other departments.
Article VI
Any decision concerning financing shall be dealt with on a project-by-project basis, in accordance with the applicable rules and financial procedures of each party. Government financing of technical co-operation activities may be channelled through the Industrial Development Fund and, if so, may be considered a special purpose contribution.
Article VII
This Memorandum of Understanding may be terminated by either party by giving six months notice in writing. Such termination, however, shall not affect projects in process which started before the notice of termination was given.
Article VIII
This Memorandum of Understanding shall enter into force on the date on which UNIDO is notified in writing by the Government that the constitutional formalities of the Portuguese Republic have been completed.
Signed at Lisbon, on the 7th day of April 1988, in two original copies in the english language.
For the Government of the Portuguese Republic:
José Manuel Durão Barroso, Secretary of State for Co-Operation.
For the United Nation Industrial Development Organization:
(Illegible signature), Director-General.