A Parte em cujo território o presente Acordo foi assinado submetê-lo-á para registo junto do Secretariado das Nações Unidas, imediatamente após a sua entrada em vigor, nos termos do artigo 102.º da Carta das Nações Unidas, devendo igualmente notificar a outra Parte da conclusão deste procedimento e indicar o número de registo correspondente.
Feito em Lisboa, 16 de junho de 2016, em dois originais, em português, romeno e inglês, 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 República da Moldova:
(ver documento original)
AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE REPUBLIC OF MOLDOVA 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 the Republic of Moldova 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:
- 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;
- 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:
- i)The spouse;
- ii)The unmarried partner or any other person in a similar relationship recognised by the legislation of each Party;
- iii)The unmarried dependent children under the age of twenty-one (21) who is part of the household;
- iv)The unmarried dependent children under the age of twenty-five (25) who is part of the household and who attend a university or other educational establishment recognised by each State on a fulltime basis; and
- v)The unmarried dependent children with a physical or mental impairment, irrespective of age.
- 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
- 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.
- 2 -The present Agreement shall not entail the implicit recognition of titles, academic degrees or studies between the Parties.
Article 5
Procedures
- 1 -The official request for authorization to engage in any gainful occupation shall be submitted by the Embassy of the sending State by Note Verbale to the Ministry of Foreign Affairs of the receiving State, providing information on the proposed gainful occupation, and shall be accompanied by documents proving that the person concerned is a dependent of the Member of the Diplomatic Mission or Consular Post.
- 2 -The Dependant shall be authorized to engage in a gainful occupation as of the date of arrival of the Member of the Diplomatic Mission or Consular Post to the receiving State and until the termination of his/her functions as Member of the Diplomatic Mission or Consular Post in that State.
- 3 -The Ministry of Foreign Affairs of the receiving State shall immediately and officially inform the Embassy of the sending State that the Dependant is authorized to engage in a gainful occupation in accordance with the relevant legislation.
Article 6
Refusal of authorization
The authorization to engage in a gainful occupation will not, as a rule, be granted if the Applicant, after submitting the request authorization, ceases to be a dependant of the Member of the Diplomatic Mission or Consular Post.
Article 7
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 8
Immunity from criminal jurisdiction
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. However, the sending State shall undertake to give serious consideration to waiving the referred immunity.
Article 9
Tax and Social Security regimes
- 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.
- 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 10
Validity of the authorization
The present Agreement shall give rise neither to a residence permit nor to a work permit in the receiving State once the functions of the Member of the Diplomatic Mission or Consular Post have come to an end.
Article 11
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 12
Amendments
- 1 -The provisions of this Agreement may be amended at the request of one of the Parties, made in writing through the diplomatic channel.
- 2 -The amendments shall enter into force in accordance with the terms specified in Article 11 of the present Agreement.
Article 13
Duration and termination
- 1 -The present Agreement shall remain in force for an indefinite period.
- 2 -Either Party may terminate the present Agreement at any time by giving written notice to the other Party through the diplomatic channel.
- 3 -The present Agreement shall cease to be effective three (3) months after the date of receipt of such notice.
Article 14
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 Lisbon on the 16th of June 2016, in the Portuguese, Romanian 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 the Republic of Moldova:
(ver documento original)