Resolução da Assembleia da República n.º 58/99

Artigo 1.º

É aprovado, para ratificação, o Acordo sobre Privilégios e Imunidades da Agência Internacional da Energia Atómica, adoptado pelo Conselho de Governadores em 1 de Julho de 1959, cujo texto original em inglês e respectiva tradução em português seguem em anexo ao presente diploma.

Artigo 2.º

1 -Has approved, without committing the Governments represented on the Board, the text below, which in general follows the Convention on the Privileges and Immunities of the Specialized Agencies; and

2 -Invites the Members of the Agency to consider and, if they see fit, to accept this Agreement. ARTICLE I Definitions Section 1 In this Agreement:

a)The Agency may hold funds, gold or currency of any kind and operate accounts in any currency;

b)The Agency may freely transfer its funds, gold or currency from one country to another or within any country and convert any currency held by it into any other currency. Section 7 The Agency shall, in exercising its rights under section 6, pay due regard to any representations made by the Government of any State party to this Agreement in so far as it is considered that effect can be given to such representations without detriment to the interests of the Agency. Section 8 The Agency, its assets, income and other property shall be:

c)Exempt from duties and prohibitions and restrictions on imports and exports in respect of its publications. Section 9 While the Agency will not, as a general rule, claim exemption from excise duties and from taxes on the sale of movable and immovable property which form part of the price to be paid, nevertheless when the Agency is making important purchases for official use of property on which such duties and taxes have been charged or are chargeable, States parties to this Agreement will, whenever possible, make appropriate administrative arrangements for the remission or return of the amount of duty or tax. ARTICLE IV Facilities in respect of communications Section 10 The Agency shall enjoy, in the territory of each State party to this Agreement and as far as may be compatible with any international conventions, regulations and arrangements to which that State is a party, for its official communications, treatment not less favourable than that accorded by the Government of such a State to any other Government, including the latter's diplomatic mission, in the matter of priorities, rates and taxes for posts and telecommunications, and press rates for information to the press and radio. Section 11 No censorship shall be applied to the official correspondence and other official communications of the Agency. The Agency shall have the right to use codes and to dispatch and receive correspondence and other official communications by courier or in sealed bags, which shall have the same immunities and privileges as diplomatic couriers and bags. Nothing in this section shall be construed to preclude the adoption of appropriate security precautions to be determined by agreement between a State party to this Agreement and the Agency. ARTICLE V Representatives of Members Section 12 Representatives of Members at meetings convened by the Agency shall, while exercising their functions and during their journeys to and from the place of meeting, enjoy the following privileges and immunities:

d)Exemption in respect of themselves and their spouses from immigration restrictions, aliens registration or national service obligations in the State which they are visiting or through which they are passing in the exercise of their functions;

e)The same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign Governments on temporary official missions;

f)The same immunities and facilities in respect of their personal baggage as are accorded to members of comparable rank of diplomatic missions. Section 13 In order to secure for the representatives of Members of the Agency at meetings convened by the Agency complete freedom of speech and complete independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer engaged in the discharge of such duties. Section 14 Where the incidence of any form of taxation depends upon residence, periods during which the representatives of Members of the Agency at meetings convened by the Agency are present in a Member State for the discharge of their duties shall not be considered as periods of residence. Section 15 Privileges and immunities are accorded to the representatives of Members, not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connexion with the Agency. Consequently, a Member not only has the right but is under a duty to waive the immunity of its representatives in any case where, in the opinion of the Member, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded. Section 16 The provisions of sections 12, 13 and 14 are not applicable in relation to the authorities of a State of which the person is a national or of which he is or has been a representative. ARTICLE VI Officials Section 17 The Agency shall from time to time make known to the Governments of all States parties to this Agreement the names of the officials to whom the provisions of this article and of article IX apply. Section 18

i)The expression «the Agency» means the International Atomic Energy Agency;

ii)For the purposes of article III, the words «property and assets» shall also include property and funds in the custody of the Agency or administered by the Agency in furtherance of its statutory functions;

iii)For the purposes of articles V and VIII, the expression «representatives of Members» shall be deemed to include all Governors, representatives, alternates, advisers, technical experts and secretaries of delegations;

iv)In sections 12, 13, 14 and 27, the expression «meetings convened by the Agency» means meetings: 1) Of its General Conference and of its Board of Governors; 2) Of any international conference, symposium, seminar or panel convened by it; and 3) Of any committee of any of these bodies;

v)For the purposes of articles VI and IX, the expression «officials of the Agency» means the Director General and all members of the staff of the Agency except those who are locally recruited and assigned to hourly rates. ARTICLE II Juridical personality Section 2 The Agency shall possess juridical personality. It shall have the capacity a) to contract, b) to acquire and dispose of immovable and movable property and c) to institute legal proceedings. ARTICLE III Property, funds and assets Section 3 The Agency, its 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 it has expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution. Section 4 The premises of the Agency shall be inviolable. The property and assets of the Agency, 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 5 The archives of the Agency, and in general all documents belonging to it or held by it, shall be inviolable, wherever located. Section 6 Without being restricted by financial controls, regulations or moratoria of any kind:

a)Artigo V, secção 12, alínea d), e artigo VI, secção 18, alínea a), iii) - será aplicado o regime previsto pela Convenção de Viena sobre Relações Diplomáticas (1961), sem dispensa de formalidades, nomeadamente quanto ao registo (artigo 10.º);

b)Artigo VI, secção 18, alínea a), ii) - os funcionários da AIEA que sejam recrutados localmente, que tenham nacionalidade portuguesa ou sejam estrangeiros residentes permanentes em Portugal, não beneficiarão desta isenção. Aprovada em 26 de Março de 1999. O Presidente da Assembleia da República, António de Almeida Santos. AGREEMENT ON THE PRIVILEGES AND IMMUNITIES OF THE INTERNATIONAL ATOMIC ENERGY AGENCY Whereas article XV, C, of the Statute of the International Atomic Energy Agency provides that the legal capacity, privileges and immunities referred to in that article shall be defined in a separate agreement or agreements between the Agency, represented for this purpose by the Director General acting under the instructions of the Board of Governors, and the Members; Whereas an Agreement Governing the Relationship between the Agency and the United Nations has been adopted in accordance with article XVI of the Statute; and Whereas the General Assembly of the United Nations, contemplating the unification as far as possible of the privileges and immunities enjoyed by the United Nations and by the various agencies brought into relationship with the United Nations, has adopted the Convention on the Privileges and Immunities of the Specialized Agencies, and a number of Members of the United Nations have acceded thereto: The Board of Governors: