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Artigo 13.º — Registo

Vigente desde: 26/10/2017

Imediatamente após a entrada em vigor do presente Acordo, a Parte em cujo território este tenha sido assinado deve remetê-lo ao Secretariado das Nações Unidas para registo, nos termos do artigo 102.º da Carta das Nações Unidas, e deve notificar a outra Parte da conclusão deste procedimento, assim como do seu número de registo.

Feito, em duplicado, em Kyiv, a 10 de julho de 2017, nas línguas portuguesa, ucraniana 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 Ucrânia:

(ver documento original)

AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND UKRAINE ON THE EXERCISE OF A GAINFUL PROFESSIONAL ACTIVITY BY THE DEPENDANTS OF THE DIPLOMATIC, ADMINISTRATIVE AND TECHNICAL STAFF OF THE DIPLOMATIC MISSIONS AND CONSULAR POSTS.

The Portuguese Republic and Ukraine hereinafter referred to as "the Parties",

Wishing to increase the possibilities for the Dependants of the Members of the Diplomatic Missions and Consular Posts to engage in a gainful occupation,

Have agreed as follows:

Article 1

Purpose

The present Agreement aims at enabling the Dependants of the Diplomatic, Administrative and Technical Staff of the Diplomatic Missions and Consular Posts of the sending State, who are not nationals or permanent residents of the receiving State, to engage in a gainful occupation on the basis of reciprocity, upon approval of the receiving State and in accordance with the provisions of the legislation in force and applicable international Conventions.

Article 2

Definitions

For the purposes of the present Agreement:

  1. a)"Member of a Diplomatic Mission or Consular Post" shall mean an employee of the sending State who is not a national or permanent resident of the receiving State and is carrying out his/her functions in a Diplomatic Mission or Consular Post in the receiving State;
  2. b)"Dependant" shall mean a person who has been accepted as such by the receiving State and is part of the official household of a Member of the Diplomatic Mission or Consular Post. The "Dependants" shall include:
    1. i)the spouse (including a common-law partner) in accordance with the law and regulations of the receiving State.
    2. ii)the unmarried dependent children and stepchildren under the age of twenty-three(23) who are part of the household who attend a university or other educational establishment recognised by each State on a fulltime basis; and
    3. iii)the unmarried dependent children and stepchildren with a physical or mental impairment, irrespective of age.
  3. c)"Vienna Conventions" shall mean the Vienna Convention on Diplomatic Relations, of 18 April 1961, and the Vienna Convention on Consular Relations, of 24 April 1963.

    Article 3

    Exclusion of Application of the Present Agreement

    National security reasons and the practice of professions reserved for nationals of the receiving State exclude the application of the present Agreement.

    Article 4

    Qualifications

  4. 1 -As regards the professions or activities requiring specific qualifications or special conditions, the Dependant shall comply with the requirements for carrying out those activities in the receiving State.
  5. 2 -The present Agreement shall not entail the implicit recognition of titles, academic degrees or studies between the Parties.

    Article 5

    Procedures

  6. 1 -An official request for authorization to engage in gainful activities will be sent on behalf of the Dependant by the diplomatic mission of the sending State to the Ministry of Foreign Affairs of the receiving State. The request must indicate the relationship of the Dependant of the diplomatic mission or consular post on whom he/she is dependent as well as the gainful activity in which he/she is to be engaged.
  7. 2 -The procedures followed will be applied in a way which enables the Dependant to engage in employment as soon as possible.
  8. 3 -The Ministry of Foreign Affairs of the receiving State will promptly and officially inform the Embassy that the person has permission to engage in gainful activities. The positive response of the Ministry of Foreign Affairs allows the Dependant to carry out the gainful activity in the receiving State in accordance with its laws and regulations.
  9. 4 -If the Dependant wishes to find another employment after he/she has been given authorization to engage in a gainful activity under this agreement, he/she shall apply again for authorization via the diplomatic mission.

    Article 6

    Immunity from civil and administrative jurisdiction

    A Dependant engaged in a gainful occupation under the present Agreement shall not enjoy immunity from civil and administrative jurisdiction in respect of proceedings brought against him for acts directly related to such occupation.

    Article 7

    Immunity from criminal jurisdiction

  10. 1 -Where a Dependant engaged in a gainful occupation in accordance with the provisions of this Agreement is alleged to have committed a criminal offence in the course of that gainful occupation, the provisions referring to immunity from criminal jurisdiction contained in the Vienna Conventions or in any other relevant international agreement shall apply.
  11. 2 -However, the sending State shall undertake to give serious consideration to waiving the referred immunity.

    Article 8

    Tax and Social Security regimes

  12. 1 -As far as their gainful occupation is concerned, the Dependants shall be subject to the legislation of the receiving State relating to tax and social security matters.
  13. 2 -If the Dependant at any time infringes the tax or social security legislation in force in the receiving State, that State may withdraw the authorisation to engage in the gainful occupation.

    Article 9

    The ending of the exercise of a gainful professional activity

  14. 1 -The Embassy of the sending State will inform the State Diplomatic Protocol of the Ministry of Foreign Affairs of the Portuguese Republic or the Diplomatic Protocol of the Ministry of Foreign Affairs of Ukraine on all changes relating to the status of the Dependant to whom the exercise of a gainful professional activity was authorised.
  15. 2 -The Dependant is entitled to exercise a gainful professional activity in the receiving State till:
    1. a)Loosing status as a person who is part of the official household of a member of the Diplomatic Mission or Consular Post who lives together and is maintained by a member of a Diplomatic Mission or Consular Post under this Agreement or;
    2. b)Termination of employment contract or other agreement that provides an exercise of a gainful professional activity under this Agreement or;
    3. c)The functions of the Member of the Diplomatic Mission or Consular Post, who lives together and maintain the Dependant, have come to an end.
  16. 3 -The Dependant may be denied the right to exercise a gainful professional activity in the receiving State, if it is detected that the Dependant violates national legislation on immigration.
  17. 4 -The Dependant exercising any gainful professional activity under this Agreement has no right to maintain residence in the receiving State in accordance with the terms specified in paragraph 2 of this article.

    Article 10

    Entry into force

    The present Agreement shall enter into force thirty (30) days after the date of receipt of the latter notification, in writing and through the diplomatic channel, conveying the completion of a Party's internal legal procedures.

    Article 11

    Amendments

  18. 1 -The provisions of this Agreement may be amended at the request of one of the Parties, made in writing through the diplomatic channel.
  19. 2 -The amendments, agreed by mutual consent of the Parties to this Agreement, shall enter into force according to the procedure specified in Article 10 of the present Agreement.

    Article 12

    Duration and termination

  20. 1 -The present Agreement shall remain in force for an indefinite period.
  21. 2 -Either Party may terminate the present Agreement at any time by giving written notice to the other Party through the diplomatic channel.
  22. 3 -The present Agreement shall cease to be effective three (3) months after the date of receipt of such notice.

    Article 13

    Registration

    Immediately upon the entry into force of the present Agreement, the Party in whose territory it is signed shall forward it to the Secretariat of the United Nations for registration, in accordance with 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, in duplicate, in Kyiv, on 10 July 2017, in Portuguese, Ukrainian and English languages, all texts being equally authentic. In case of any divergence in interpretation, the English text shall prevail.

    For the Portuguese Republic:

    (ver documento original)

    For Ukraine:

    (ver documento original)

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