Art.º 9 · Decreto n.º 56/2003 — Vigência e fim

1 -O Acordo entrará em vigor 30 dias após a recepção da última nota diplomática confirmando que os procedimentos constitucionais necessários para a sua entrada em vigor se encontram preenchidos.
2 -O Acordo manter-se-á em vigor até ser denunciado por qualquer dos Estados, sendo que a denúncia deverá ser feita ao outro Estado, por escrito, com uma antecedência mínima de seis meses.
Feito, em duplicado, em Lisboa, no dia 2 de Julho, nas línguas portuguesa, turca e inglesa, fazendo todos os textos igualmente fé. Em caso de divergência de interpretação sobre as disposições deste Acordo, prevalecerá o texto em língua inglesa.
Pela República Portuguesa:
João Alberto Bacelar da Rocha Páris, Embaixador, Secretário-Geral do Ministério dos Negócios Estrangeiros.
Pela República da Turquia:
Volkan Bozkir, Embaixador, Vice-Subsecretário do Ministério dos Negócios Estrangeiros.
(ver texto em língua turca no documento original)
AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE REPUBLIC OF TURKEY ON EMPLOYMENT OF THE DEPENDENTS OF THE DIPLOMATIC PERSONNEL, ADMINISTRATIVE AND TECHNICAL STAFF OFFICIALLY SENT BY THE GOVERNMENTS OF THE PORTUGUESE REPUBLIC AND THE REPUBLIC OF TURKEY TO SERVE RESPECTIVELY IN TURKEY AND PORTUGAL AT THE EMBASSY, CONSULAR OFFICES AND MISSIONS TO INTERNATIONAL ORGANISATIONS.
Taking into consideration the contemporary trends and requirements in diplomatic relations and with a view to ensuring the rights of dependents of diplomats engaged in a gainful occupation, the Portuguese Republic and the Republic of Turkey have agreed on the following:
Article 1
Scope of the Agreement
The members of the family forming part of the household of a member of the diplomatic staff or administrative and technical staff officially sent by the Government of Portugal to serve in Turkey at the Embassy, consular offices and missions to international organizations and the members of the family forming part of the household of a member of the diplomatic staff or administrative and technical staff officially sent by the Government of Turkey to serve in Portugal at the Embassy, consular offices and missions to international organizations shall be authorized, on the basis of reciprocity and under the conditions indicated below, to pursue gainfull employment in the receiving state, in accordance with the provisions of the law of the receiving state.
Article 2
Members of the family
«The members of the family» shall include:
1. a)Spouses;
2. b)Unmarried dependent children under 21 years of age of the family-forming unit;
3. c)Unmarried dependent children under 25 years of age of the family-forming unit who are in full-time attendance as students at a post-secondary educational institution; and
4. d)Unmarried dependent children, when suffering from physical or mental disabilities, with no age limit.
  Article 3
  Authorization
  Any authorization to engage in a gainful occupation in the receiving state shall be terminated at the end of the assignment of the member of a diplomatic mission, consular post or mission to an international organization.
  Article 4
  Procedures
1 -A request for authorization to engage in a gainful occupation shall be sent on behalf of the member of the family by the Embassy of the sending state to the Ministry of Foreign Affairs of the receiving state.
2 -The procedures followed shall be applied in a way which enables the member of the family to engage in a gainful occupation as soon as possible and any requirements relating to work permits and similar formalities shall be favourably applied.
3 -The work authorization shall be issued for a period not exceeding two years and can be renewed for successive periods of equal duration.
4 -The work authorization can be issued only for employment in the field of education and academic research or other job categories as may be agreed by the two parties on a case by case basis through an exchange of diplomatics notes. It may be denied for persons who have worked illegally in the receiving country or have committed violations of the laws or regulations in the field of taxation and social security there. Further, authorisation to accept employment may be denied in cases where, for security reasons, only nationals of the receiving state may be employed.
Article 5
Criminal immunity
In the event that a spouse or a dependent, who has immunity from criminal jurisdiction in accordance with the Vienna Convention on Diplomatic Relations, is accused of a criminal offence committed in relation to his or her employment, the sending state will give serious consideration to any written request that may be submitted by the receiving state for the waiving of such immunity.
Article 6
Civil and administrative privileges and immunities
In the case of members of the family who enjoy immunity from the civil and administrative jurisdiction of the receiving state in accordance with the Vienna Convention on Diplomatic Relations or under any other applicable international instrument, such immunity shall not apply in respect of any act carried out in the course of the gainful occupation and falling within the civil or administrative laws of the receiving state.
Article 7
Fiscal and social security regimes
In accordance with the Vienna Convention on Diplomatic Relations or under any other applicable international instrument, members of the family shall be subject to the fiscal and social security regimes of the receiving state for all matters connected with their gainful occupation in the receiving state.
Article 8
Settlement of disputes
Disputes between the two states regarding the interpretation or application of the provisions to this Agreement shall be settled through diplomatic channels.
Article 9
Duration and termination
1 -The Agreement shall enter into force thirty days after the reception of the last of the diplomatic notes confirming that the constitutional procedures necessary for its entry into force have been fulfilled.
2 -The Agreement shall remain in force until terminated by either state giving six months' notice in writing to the other state.
Done in duplicate, in Lisbon, on the 2nd of July, in Portuguese, Turkish and English, all texts being equally authentic. In case of any difference in the interpretation of the provisions of this Agreement the English text shall prevail.
For the Portuguese Republic:
João Alberto Bacelar da Rocha Páris, Ambassador, Secretary-General of the Ministry of Foreign Affairs.
For the Republic of Turkey:
Volkan Bozkir, Ambassador, Deputy Under-secretary of the Ministry of Foreign Affairs.

Artigo 9.º — Vigência e fim