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Artigo 10.º

Vigente desde: 26/12/1988

O presente Ajuste Administrativo entrará em vigor na data em que o Acordo entrar em vigor e terá o mesmo período de validade.

Feito em Lisboa, em 30 de Março de 1988, em duplicado, nas línguas portuguesa e inglesa, fazendo ambos os textos igualmente fé.

Pelo Governo da República Portuguesa:

Manuel Filipe Correia de Jesus.

Pelo Governo dos Estados Unidos da América:

(Assinatura ilegível.)

ADMINISTRATIVE ARRANGEMENT FOR THE IMPLEMENTATION OF THE AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE UNITED STATES OF AMERICA ON SOCIAL SECURITY.

The Government of the Portuguese Republic and the Government of the United States of America, in conformity with article 12, paragraph a), of the Agreement between the Portuguese Republic and the United States of America on Social Security of this date, hereinafter referred to as the Agreement, have agreed as follows:

CHAPTER I

General provisions

Article 1

The terms used in this Administrative Arrangement shall have the same meaning as in the Agreement.

Article 2

  1. 1 -The liaison agencies referred to in article 13, paragraph 2, of the Agreement shall be:
    1. a)For the United States, the Social Security Administration;
    2. b)For Portugal, the Department of International Relations and Social Security Conventions (Departamento de Relações Internacionais e Convenções de Segurança Social).
  2. 2 -The liaison agencies designated in paragraph 1 shall agree upon the joint procedures and forms necessary for the implementation of the Agreement and this Administrative Arrangement.

    CHAPTER II

    Provisions on coverage

    Article 3

  3. 1 -Where the laws of a Contracting State are applicable in accordance with part II of the Agreement, the agency of that Contracting State, upon request of the employer or self-employed person, shall issue a certificate stating that the employee or self-employed person is subject to those laws. This certificate shall be proof that the named worker is exempt from the laws on compulsory coverage of the other Contracting State.
  4. 2 -The certificate referred to in paragraph 1 shall be issued:
    1. a)In the United States, by the Social Security Administration;
    2. b)In Portugal:

      On the European continent, by the regional social security center (centro regional de segurança social) where the worker concerned is registered;

      In the Autonomous Region of Madeira, by the Regional Social Security Directorate (Direcção Regional de Segurança Social), Funchal;

      In the Autonomous Region of the Azores, by the Regional Social Security Directorate (Direcção Regional de Segurança Social), Angra do Heroísmo.

  5. 3 -The agency of a Contracting State which issues a certificate referred to in paragraph 1 shall furnish a copy of the certificate to the liaison agency of the other Contracting State as needed by the latter agency.

    CHAPTER III

    Provisions on benefits

    Article 4

  6. 1 -The agency of the Contracting State with which an application for benefits is first filed, in accordance with article 16 of the Agreement, shall inform the liaison agency of the other Contracting State of this fact, without delay, and provide such evidence and other information as may be required to complete action on the claim.
  7. 2 -The liaison agency of a Contracting State which receives an application that was first filed with an agency of the other Contracting State shall, without delay, provide the liaison agency of that Contracting State with such evidence and other available information as may be required for it to complete action on the claim.
  8. 3 -The agency of the Contracting State with which an application for benefits has been filed shall verify the information pertaining to the applicant and his family members. The types of information to be verified shall be agreed upon by the liaison agencies.

    CHAPTER IV

    Miscellaneous provisions

    Article 5

    In accordance with measures to be agreed upon by the Contracting States pursuant to article 2 of this Administrative Arrangement, the liaison agency of one Contracting State shall, upon request of an agency of the other Contracting State, furnish available information relating to the claim of any specified individual for the purpose of administering the Agreement.

    Article 6

    Copies of documents which are certified as true and exact copies by the agency of one Contracting State shall be accepted as true and exact copies by the agency of the other Contracting State, without further certification. When applying its laws, the agency of each Contracting State shall be the final judge of the probative value of the evidance submitted to it from whatever source.

    Article 7

    The liaison agencies of the two Contracting States shall exchange statistics on the number of certificates issued under article 3 of this Administrative Arrangement and on the payments made to beneficiaries under the Agreement. These statistics shall be furnished annually in a form to be agreed upon.

    Article 8

  9. 1 -Where administrative assistance is requested under article 13 of the Agreement, expenses other than regular personnel and operating costs of the agencies providing the assistance shall be reimbursed.
  10. 2 -Upon request, the agency of either Contracting State shall furnish without cost to the agency of other Contracting State any medical information and documentation in its possession relevant to the disability of the claimant or beneficiary.
  11. 3 -Where the agency of a Contracting State requires that a person in the territory of the other Contracting State who is receiving or applying for benefits under the Agreement submit to a medical examination, such examination, if requested by that agency, shall be arranged by the agency of the other Contracting State in accordance with the rules of the agency making the arrangements and at the expense of the agency which requests the examination.
  12. 4 -The liaison agency of one Contracting State shall reimburse amounts owed under paragraph 1 or 3 of this article upon presentation of a detailed statement of expenses by the liaison agency of the other Contracting State.

    Article 9

    Unless otherwise required by the national statutes of a Contracting State, information about an individual which is transmitted in accordance with the Agreement to that Contracting State by the other Contracting State shall be used exclusively for purposes of implementing the Agreement. Such information received by a Contracting State shall be governed by the national statutes of that Contracting State for the protection of privacy and confidentiality of personal data.

    Article 10

    This Administrative Arrangement shall enter into force on the date of entry into force of the Agreement and shall have the same period of validity.

    Done at Lisbon, on March 30, 1988, in duplicate, in the Portuguese and English languages, both texts being equally anthentic.

    For the Government of the Portuguese Republic:

    Manuel Filipe Correia de Jesus.

    For the Government of the United States of America:

    (Illegible signature.)

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