Resolução da Assembleia da República n.º 3/2007

Artigo 1.º

Aprovar a Convenção sobre os Privilégios e Imunidades das Organizações Especializadas das Nações Unidas e o seu anexo IV-UNESCO, adoptada pela Assembleia Geral das Nações Unidas em 21 de Novembro de 1947, cujo texto, nas versões autenticadas nas línguas inglesa e francesa, bem como a respectiva tradução em língua portuguesa, se publicam em anexo.

Artigo 2.º

1 -Representatives of members at meetings convened by specialized agencies, while exercising their functions and during their journeys to and from the place of meeting, and officious within the meaning of section 18, shall not be required by the territorial authorities to leave the country in which they are performing their functions on account of any activities by them in their official capacity. In the case, however, of abuse of privileges of residence committed by any such person in activities in that country outside his official functions, he may be required to leave by the government of that country, provided that:

2 -I) Representatives of members or persons who are entitled to diplomatic immunity under section 21, shall not be required to leave the country otherwise than in accordance with the diplomatic procedure applicable to diplomatic envoys accredited to that country. II) In the case of an official to whom section 21 is not applicable, no order to leave the country shall be issued other than with the approval of the Foreign Minister of the country in question, and such approval shall be given only after consultation with the executive head of the specialized agency concerned; and, if expulsion proceedings are taken against an official, the executive head of the specialized agency shall have the right to appear in such proceedings on behalf of the person against whom they are instituted. Article VIII Laissez-passer SECTION 26 Officials of the specialized agencies shall be entitled to use the United Nations laissez-passer in conformity with administrative arrangements to be concluded between the Secretary-General of the United Nations and the competent authorities of the specialized agencies, to which agencies special powers to issue laissez-passer may be delegated. The Secretary-General of the United Nations shall notify each State Party to this Convention of each administrative arrangement so concluded. SECTION 27 States Parties to this Convention shall recognize and accept the United Nations laissez-passer issued to officials of the specialized agencies as valid travel documents. SECTION 28 Applications for visas, where required, from officials of specialized agencies holding United Nations laissez-passer, when accompanied by a certificate that they are traveling on the business of a specialized agency, shall be dealt with as speedily as possible. In addition, such persons shall be granted facilities for speedy travel. SECTION 29 Similar facilities to those specified in section 28 shall be accorded to experts and other persons who, though not the holders of United Nations laissez-passer, have a certificate that they are traveling on the business of a specialized agency. SECTION 30 The executive heads, assistant executive heads, heads of departments and other officials of a rank not lower than head of department of the specialized agencies, traveling on United Nations laissez-passer on the business of the specialized agencies, shall be granted the same facilities for travel as are accorded to officials of comparable rank in diplomatic missions. Article IX Settlement of disputes SECTION 31 Each specialized agency shall make provision for appropriate modes of settlement of:

a)Disputes arising out of contract or other disputes of private character to which the specialized agency is a party;

b)Disputes involving any official of a specialized agency who by reason of his official position enjoys immunity, if immunity has not been waived in accordance with the provisions of section 22. SECTION 32 All differences arising out of the interpretation or application of the present Convention shall be referred to the International Court of Justice unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between one of the specialized agencies on the one hand, and a member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with article 96 of the Charter and article 65 of the Statute of the Court and the relevant provisions of the agreements concluded between the United Nations and the specialized agency concerned. The opinion given by the Court shall be accepted as decisive by the parties. Article X Annexes and application to individual specialized agencies SECTION 33 In their application to each specialized agency, the standard clauses shall operate subject to any modification set forth in the final (or revised) text of the annex relating to that agency, as provided in sections 36 and 38. SECTION 34 The provisions of the Convention in relation to any specialized agency must be interpreted in the light of the functions with which that agency is entrusted by its constitutional instrument. SECTION 35 Draft annexes I to IX (ver nota 1) are recommended to the specialized agencies named therein. In the case of any specialized agency not mentioned by name in section 1, the Secretary-General of the United Nations shall transmit to the agency a draft annex recommended by the Economic and Social Council. SECTION 36 The final text of each annex shall be that approved by the specialized agency in question in accordance with its constitutional procedure. A copy of the annex as approved by each specialized agency shall be transmitted by the agency in question to the Secretary-General of the United Nations and shall thereupon replace the draft referred to in section 35. SECTION 37 The present Convention becomes applicable to each specialized agency when it has transmitted to the Secretary-General of the United Nations the final text of the relevant annex and has informed him that it accepts the standard clauses, as modified by this annex, and undertakes to give effect to sections 8, 18, 22, 23, 24, 31, 32, 42 and 45 (subject to any modification of section 32 which may be found necessary in order to make the final text of the annex consonant with the constitutional instrument of the agency) and any provisions of the annex placing obligations on the agency. The Secretary-General shall communicate to all members of the United Nations and to other States members of the specialized agencies certified copies of all annexes transmitted to him under this section and of revised annexes transmitted under section 38. SECTION 38 If, after the transmission of a final annex under section 36, any specialized agency approves any amendments thereto in accordance with its constitutional procedure, a revised annex shall be transmitted by it to the Secretary-General of the United Nations. SECTION 39 The provisions of this Convention shall in no way limit or prejudice the privileges and immunities which have been, or may hereafter be, accorded by any State to any specialized agency by reason of the location in the territory of that State of its headquarters or regional offices. This Convention shall not be deemed to prevent the conclusion between any State Party thereto and any specialized agency of supplemental agreements adjusting the provisions of this Convention or extending or curtailing the privileges and immunities thereby granted. SECTION 40 It is understood that the standard clauses, as modified by the final text of an annex sent by a specialized agency to the Secretary-General of the United Nations under section 36 (or any revised annex sent under section 38), will be consistent with the provisions of the constitutional instrument then in force of the agency in question, and that if any amendment to that instrument is necessary for the purpose of making the constitutional instrument so consistent, such amendment will have been brought into force in accordance with the constitutional procedure of that agency before the final (or revised) annex is transmitted. The Convention shall not itself operate so as to abrogate, or derogate from, any provisions of the constitutional instrument of any specialized agency or any rights or obligations which the agency may otherwise have, acquire, or assume. Article XI Final provisions SECTION 41 Accession to this Convention by a Member of the United Nations and (subject to section 42) by any State member of a specialized agency shall be effected by deposit with the Secretary-General of the United Nations of an instrument of accession which shall take effect on the date of its deposit. SECTION 42 Each specialized agency concerned shall communicate the text of this Convention together with the relevant annexes to those of its members which are not members of the United Nations and shall invite them to accede thereto in respect of that agency by depositing an instrument of accession to this Convention in respect thereof either with the Secretary-General of the United Nations or with the executive head of the specialized agency. SECTION 43 Each State Party to this Convention shall indicate in its instrument of accession the specialized agency or agencies in respect of which it undertakes to apply the provisions of this Convention. Each State Party to this Convention may by subsequent written notification to the Secretary-General of the United Nations undertake to apply the provisions of this Convention to one or more further specialized agencies. This notification shall take effect on the date of its receipt by the Secretary-General. SECTION 44 This Convention shall enter into force for each State Party to this Convention in respect of a specialized agency when it has become applicable to that agency in accordance with section 37 and the State Party has undertaken to apply the provisions of the Convention to that agency in accordance with section 43. SECTION 45 The Secretary-General of the United Nations shall inform all members of the United Nations, as well as all members of the specialized agencies and executive heads of the specialized agencies, of the deposit of each instrument of accession received under section 41 and of subsequent notifications received under section 43. The executive head of a specialized agency shall inform the Secretary-General of the United Nations and the members of the agency concerned of the deposit of any instrument of accession deposited with him under section 42. SECTION 46 It is understood that, when an instrument of accession or a subsequent notification is deposited on behalf of any State, this State will be in a position under its own law to give effect to the terms of this Convention, as modified by the final texts of any annexes relating to the agencies covered by such accessions or notifications. SECTION 47

3 -Each State Party to this Convention may withhold the benefit of this Convention from any specialized agency which ceases to be in relationship with the United Nations.

a)Immunity from personal arrest or seizure of their personal baggage;

b)In respect of words spoken or written or acts done by them in the performance of their official functions, immunity from legal process of every kind, such immunity to continue notwithstanding that the persons concerned are no longer serving on committees of, or employed on missions for, the Organization;

c)The same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are accorded to officials of foreign governments on temporary official missions.

d)L'Organisation de l'aviation civile internationale;

e)Le Fonds monétaire international;

f)La Banque internationale pour la reconstruction et la mise en valeur;

g)L'Organisation mondiale de la santé;

h)L'Union postale universelle;

j)Toute autre institution reliée à l'Organisation des Nations Unies conformément aux articles 57 et 63 de la Charte;

4 -The Secretary-General of the United Nations shall inform all member States Parties to this Convention of any notification transmitted to him under the provisions of this section. SECTION 48 At the request of one third of the States Parties to this Convention, the Secretary-General of the United Nations will convene a conference with a view to its revision. SECTION 49 The Secretary-General of the United Nations shall transmit copies of this Convention to each specialized agency and to the Government of each Member of the United Nations. (nota 1) For the text of the above-mentioned draft annexes, see Official Records of the General Assembly, Second Session, Resolutions, page 124 et seq. ANNEX IV (ver nota 1) United Nations Educational, Scientific and Cultural Organization The standard clauses shall operate in respect to the United Nations Educational, Scientific and Cultural Organization (hereinafter called «the Organization») subject to the following provisions:

a)The International Labour Organisation;

b)The Food and Agriculture Organization of the United Nations;

c)The United Nations Educational, Scientific and Cultural Organization;

d)The International Civil Aviation Organization;

e)The International Monetary Fund;

f)The International Bank for Reconstruction and Development;

g)The World Health Organization;

h)The Universal Postal Union;

i)The International Telecommunication Union; and

i)The words «standard clauses» refer to the provisions of articles II to IX;

ii)The words «specialized agencies» mean:

j)Any other agency in relationship with the United Nations in accordance with articles 57 and 63 of the Charter;

iii)The word «Convention» means, in relation to any particular specialized agency, the standard clauses as modified by the final (or revised) text of the annex transmitted by that agency in accordance with sections 36 and 38;

iv)For the purposes of article III, the words «property and assets» shall also include property and funds administered by a specialized agency in furtherance of its constitutional functions;

v)For the purposes of articles V and VII, the expression «representatives of members» shall he deemed to include all representatives, alternates, advisers, technical experts and secretaries of delegations;

vi)In sections 13, 14, 15 and 25, the expression «meetings convened by a specialized agency» means meetings: 1) of its assembly and of its executive body (however designated); and 2) of any commission provided for in its constitution; 3) of any international conference convened by it; and 4) of any committee of any of these bodies;

vii)The term «executive head» means the principal executive official of the specialized agency in question, whether designated «director-general» or otherwise. SECTION 2 Each State Party to this Convention in respect of any specialized agency to which this Convention has become applicable in accordance with section 37 shall accord to, or in connexion with, that agency the privileges and immunities set forth in the standard clauses on the conditions specified therein, subject to any modification of those clauses contained in the provisions of the final (or revised) annex relating to that agency and transmitted in accordance with sections 36 or 38. Article II Juridical personality SECTION 3 The specialized agencies shall possess juridical personality. They shall have the capacity: a) to contract; b) to acquire and dispose of immovable and movable property; c) to institute legal proceedings. Article III Property, funds and assets SECTION 4 The specialized agencies, their property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except in so far as in any particular case they have expressly waived their immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution. SECTION 5 The premises of the specialized agencies shall be inviolable. The property and assets of the specialized agencies, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action. SECTION 6 The archives of the specialized agencies, and in general all documents belonging to them or held by them, shall be inviolable, wherever located. SECTION 7 Without being restricted by financial controls, regulations or moratoria of any kind: