Após a entrada em vigor do presente Acordo, a Parte em cujo território for assinado submetê-lo-á para registo junto do Secretariado das Nações Unidas, nos termos do artigo 102.º da Carta das Nações Unidas, devendo, igualmente, notificar a outra Parte da conclusão deste procedimento e indicar-lhe o número de registo atribuído.
Feito na Cidade do Koweit, no dia 17 de dezembro de 2012, em dois originais, nas línguas portuguesa, árabe e inglesa, fazendo todos os textos igualmente fé. Em caso de dúvida de interpretação prevalecerá o texto em língua inglesa.
Pela República Portuguesa:
Paulo Sacadura Cabral Portas, Ministro de Estado e dos Negócios Estrangeiros.
Pelo Estado do Koweit:
Sabah Al-Khalid Al-Sabah, Vice-Primeiro-Ministro e Ministro dos Negócios Estrangeiros.
AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE STATE OF KUWAIT ON THE SUPPRESSION OF VISAS FOR HOLDERS OF DIPLOMATIC OR SPECIAL PASSPORTS.
The Portuguese Republic and the State of Kuwait, hereinafter referred to as "Parties",
Wishing to reinforce the relations of friendship and co-operation between both States;
Wishing to facilitate the movement of their nationals holding Diplomatic or Special Passports,
Agree as follows:
Article 1
Object
This Agreement shall set forth the legal framework for the suppression of visas for holders of Diplomatic or Special Passports of the Parties.
Article 2
Definitions
For the purpose of this Agreement:
- a)"Valid Passport" shall mean the Diplomatic or Special Passport that, at the time of the exit of the national territory of one of the Parties, has at least a ninety (90) days validity;
- b)"Family member" shall mean the spouse or partner of a de facto relationship, provided that the latter is enshrined in the law of the Sending State, as well as the dependent descendents and ascendants of the holders of a Diplomatic or Special Passports.
Article 3
Short term entry and stay
- 1-The citizens of the Portuguese Republic holding a valid Portuguese Diplomatic or Special Passport may enter and stay in the territory of the State of Kuwait without visa for a maximum period of ninety (90) days during in six-month period from the date of first entry.
- 2-The citizens of the State of Kuwait holding a valid Diplomatic or Special Passport may enter and stay in the territory of the Portuguese Republic without visa for a maximum period of ninety (90) days during in six-month period from the date of first entry at the external border establishing the area of free movement created by the States which are Party to the Convention implementing the Schengen Agreement of 14 June 1985, adopted on 19 June 1990.
Article 4
Entry and stay
- 1-The citizens of the Portuguese Republic holding a valid Diplomatic or Special Passport who are appointed to a Portuguese diplomatic mission or consular post in the State of Kuwait or to international organizations in the State of Kuwait, as well as their family members, may enter or stay in the territory of the State of Kuwait without a visa for the period of their mission.
- 2-The citizens of the State of Kuwait holding a valid Diplomatic or Special Passport who are appointed to a diplomatic mission or consular post in the Portuguese Republic or to international organizations in the Portuguese Republic, as well as their family members, may enter or stay in the territory of the Portuguese Republic without a visa for the period of their mission.
- 3-For the purpose of the previous paragraphs, each Party shall inform the other Party, in writing and through diplomatic channels, of the arrival of the holders of Diplomatic or Special Passports appointed to a diplomatic mission, consular post or to international organizations in the territory of the Parties, as well as of the family members accompanying them, prior to the date of their entry to the territory of the other Party.
Article 5
Compliance with the law of the Parties
- 1-The visa exemption shall not relieve a person from the obligation to comply with the law of the Parties on the entry into, stay in and exit from the territory of destination of the holders of Passports in accordance with conditions set out in this Agreement.
- 2-This Agreement does not exclude the right of the competent authorities of each Party to refuse entry or stay of citizens of the other Party in accordance with the applicable law.
Article 6
Information on Passports
- 1-The Parties shall exchange, through diplomatic channels, specimens of the Diplomatic and Special Passports in current use within a maximum of thirty (30) days after the date of the entry into force of this Agreement in accordance with Article 11.
- 2-Where either Party submits new Passports or modifies those previously exchanged, it shall inform the other Party through the diplomatic channels of the transmission of the specimen of the new or modified Passport with a maximum of thirty (30) days before the date it begins to be used.
Article 7
Settlement of disputes
Any dispute concerning the interpretation or application of this Agreement shall be settled through negotiation, through the diplomatic channels.
Article 8
Suspension
- 1-Either Party may temporarily suspend the application of this Agreement, wholly or partially, on grounds of public order, public health and national security.
- 2-The suspension of application of this Agreement as well as the resumption of its application shall be immediately notified in writing through diplomatic channels to the other Party.
Article 9
Amendments
- 1-This Agreement may be amended by request of one of the Parties.
- 2-The amendments shall enter into force in accordance with the terms specified in Article 11 of this Agreement.
Article 10
Duration and termination
- 1-This Agreement shall remain in force for an unlimited period of time.
- 2-Either Party may, at any time, terminate this Agreement upon a prior notification in writing through diplomatic channels.
- 3-This Agreement shall terminate ninety (90) days after the receipt of such notification.
Article 11
Entry into force
This Agreement shall enter into force thirty (30) days after the date receipt of the later of the notifications, in writing through diplomatic channels, conveying the completion of the internal procedures of each Party required for that purpose.
Article 12
Replacement
This Agreement shall replace the Agreement signed between the Portuguese Republic and the State of Kuwait on the Suppression of Visas for Holders of Diplomatic Passports on 23 February 2010.
Article 13
Registration
Upon the entry into force of this Agreement, the Party in whose territory it is signed shall transmit it to the Secretariat of the United Nations for registration, in accordance with the article 102 of the charter of the United Nations, and shall notify the other Party of the completion of this procedure as well as of its registration number.
Done at Kuwait City, on the 17th December 2012, in two original copies, in Portuguese, Arabic, and English languages. All are equally authentic. In case of any divergence of interpretation, the English text shall prevail.
For The Portuguese Republic:
Paulo Sacadura Cabral Portas, Minister of State and Foreign Affairs.
For The State of Kuwait:
Sabah Al-Khalid Al-Sabah, Deputy Prime Minister and Minister of Foreign Affairs.
(ver documento original)