- 1 -Este Acordo entrará em vigor na data da última nota numa troca de notas entre as Partes indicando que cada Parte cumpriu os seus respetivos procedimentos internos para a entrada em vigor.
- 2 -O presente Acordo permanecerá em vigor, salvo se for denunciado de acordo com o presente artigo.
- 3 -Qualquer das Partes pode denunciar o presente Acordo mediante notificação prévia por escrito à outra Parte.
- 4 -A denúncia produzirá efeitos um ano após a data da receção da notificação mencionada no número anterior.
Assinado em Lisboa, a 14 de dezembro de 2017, em dois exemplares originais, nas línguas portuguesa e inglesa, sendo ambos os textos igualmente autênticos.
Pela República Portuguesa:
Pedro Costa Pereira.
Pelos Estados Unidos da América:
George Glass.
AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE UNITED STATES OF AMERICA REGARDING CONSULAR PRIVILEGES AND IMMUNITIES
The Portuguese Republic and the United States of America (hereinafter, individually referred to as the «Party» and collectively as the «Parties»):
Recognizing the important work performed by consular officers and consular employees;
Believing that enhanced protections for members of the consular staff and their family members will further strengthen the friendly relations between the Portuguese Republic and the United States of America;
Intending to enhance the protections enjoyed by consular posts, consular officers, consular employees and their family members; and
Reiterating that privileges and immunities are to ensure the efficient functioning of consular posts on behalf of their respective States and are not for the purpose of benefitting individuals.
hereby agree as follows:
Article 1
Definitions
For purposes of this Agreement, the following terms shall have the meanings hereunder assigned to them:
- a)The definitions provided in Article 1 of the Vienna Convention on Diplomatic Relations and Article 1 of the Vienna Convention on Consular Relations apply to this Agreement.
- b)«Family member» means a member of the household of a consular officer or of a consular employee forming part of the family who has been notified to the receiving State in accordance with the established practice of the receiving State.
Article 2
Privileges and Immunities of Consular Officers
Each Party shall extend to consular officers of the other Party privileges and immunities equivalent to those afforded to diplomatic agents under the Vienna Convention on Diplomatic Relations.
Article 3
Privileges and Immunities of Consular Employees
Each Party shall extend to consular employees of the other Party privileges and immunities equivalent to those afforded to members of the administrative and technical staff under the Vienna Convention on Diplomatic Relations.
Article 4
Privileges and Immunities of a Family Member of a Consular Officer
Each Party shall extend to the family member of a consular officer of the other Party privileges and immunities equivalent to those afforded to the members of the family of a diplomatic agent forming part of his or her household under the Vienna Convention on Diplomatic Relations.
Article 5
Privileges and Immunities of a Family Member of a Consular Employee
The Parties shall extend to the family member of a consular employee of the other Party privileges and immunities equivalent to those afforded to the members of the family of a member of the administrative and technical staff forming part of his or her household under the Vienna Convention on Diplomatic Relations.
Article 6
Consular Mission and Property
The premises of the consular mission and its property, including means of transport, shall enjoy the same protection as those of a diplomatic mission under Article 22 of the Vienna Convention on Diplomatic Relations.
Article 7
Scope of Application
The protections provided in this Agreement shall not apply to those individuals who are nationals of or permanently resident in the receiving State.
Article 8
Waivers
- 1 -Any immunity or inviolability afforded under this Agreement may be waived by the sending State. Any waiver must always be express.
- 2 -Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgment, for which a separate waiver shall be necessary.
Article 9
Visas
Each Party commits not to discriminate on the basis of religion or ethnic heritage in processing and issuing visas for the diplomatic and consular personnel of the other Party.
Article 10
Relationship to the Vienna Convention on Consular Relations
Consistent with Article 73 of the Vienna Convention on Consular Relations, this Agreement supplements and amplifies the provisions of that Convention. The provisions of the two agreements shall be applied consistently, but in case of a conflict the provision more favorable to the sending State shall be applied.
Article 11
Amendment
- 1 -This Agreement may be amended at any time by written agreement between the Parties.
- 2 -Such an amendment shall enter into force through the same procedure as specified in Article 12 of this Agreement.
Article 12
Entry into force and termination
- 1 -This Agreement shall enter into force on the date of the later note in an exchange of notes between the Parties indicating that each Party has completed its internal procedures for entry into force.
- 2 -This Agreement shall remain in force unless terminated in accordance with this Article.
- 3 -Either Party may terminate this Agreement by providing written notice to the other Party.
- 4 -Termination shall take effect one year following the date of receipt of such notification.
Done at Lisbon this 14th of December, 2017, in duplicate, in the Portuguese and English languages, both texts being equally authentic.
For the Portuguese Republic:
Pedro Costa Pereira.
For the United States of America:
George Glass.
111391365
Artigo 12.º — Entrada em vigor e denúncia
Vigente desde: 06/06/2018