Após a entrada em vigor do presente Acordo, a Parte em cujo território o mesmo é assinado deverá submetê-lo para registo ao Secretariado das Nações Unidas, nos termos do artigo 102.º da Carta das Nações Unidas, e deverá notificar a outra Parte do cumprimento deste procedimento, indicando também o seu número de registo.
Em fé do que os abaixo assinados, devidamente autorizados para o efeito, assinaram e selaram o presente Acordo em dois originais, nas línguas portuguesa e inglesa, todos os textos fazendo igualmente fé.
Feito em Pretoria, no dia 6 de junho de 2023.
Pela República Portuguesa:
Pela República da África do Sul:
AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE REPUBLIC OF SOUTH AFRICA ON DEFENCE COOPERATION PREAMBLE
The Portuguese Republic and the Republic of South Africa (hereinafter jointly referred to as “Parties” and separately as “Party”:
Committed to the principles and purposes of the Charter of the United Nations;
Seeking to enhance close and cordial relationship between the Parties, based on the principles of friendship and cooperation;
Guided by the principles of equality, reciprocity and mutual interest and in compliance with their domestic law and international obligations;
Wishing to strengthen and intensify their defence relationship and to encourage bilateral defence cooperation across mutually-agreed spheres;
hereby agree as follows:
Article 1
Definitions
For purposes of this Agreement (hereinafter referred to as “this Agreement”):
(a) “Members” means all military and civilian members of the armed forces of the Parties deployed or present in each other’s territory for purposes of this Agreement;
(b) “Receiving Party” means the Party who invites and receives Members of the Sending Party on its territory for purposes of this Agreement; and
(c) “Sending Party” means the Party who deploys or sends Members to the territory of the Receiving Party for purposes of this Agreement.
Article 2
Purpose
The purpose of this Agreement is to establish the legal framework between the Parties on defence cooperation.
Article 3
Areas of cooperation
(1) The Parties shall cooperate in the following areas:
(a) Strategic dialogue on defence policy;
(b) maritime security and safety;
(c) hydrography, cartography and military geography;
(d) peace keeping operations;
(e) defence industries and technology;
(f) military health;
(g) military education, training and exercises;
(h) gender affairs and women in conflict prevention and peace making.
(2) The Parties may agree on any other defence-related areas of cooperation, within the scope of this Agreement.
Article 4
Means of cooperation
(1) The Parties shall cooperate by means of:
(a) high-level visits as well as policy and strategic consultations and meetings;
(b) ship-and-aircraft visits;
(c) the exchange of students, lecturers, directing staff and advisers from military education institutions; and
(d) combined and joint military training exercises.
(2) Any other means of cooperation mutually agreed upon by the Parties within the scope of this Agreement.
Article 5
Implementation
(1) The Parties shall establish a Joint Defence Committee to oversee the implementation of the provisions of this Agreement.
(2) The Joint Defence Committee shall be composed of designated representatives from each Party as well as representatives co-opted for specific purposes designated by the competent authority of each Party.
(3) The Joint Defence Committee shall meet at least bi-annually or more frequently as and when necessary.
(4) The Joint Defence Committee shall establish its terms of reference.
Article 6
Competent authorities
The competent authorities responsible for the implementation of this Agreement from each Party shall be as follows:
(a) For the Portuguese Republic - the Defence Policy Director; and
(b) For the Republic of South Africa - the Secretary for Defence.
Article 7
Protection of classified information
The protection of classified information to be exchanged between the Parties shall be regulated by an Agreement on Mutual Exchange and Protection of Classified Information in force between the Parties.
Article 8
Financial arrangements
(1) Each Party shall be responsible for its own financial resources for the implementation of the provisions of this Agreement.
(2) A Sending Party shall be responsible for its own travelling expenses to and from the territory of the Receiving Party, including all the expenses related to subsistence and accommodation.
(3) Each Party shall be responsible for the evacuation of its own injured, sick or the remains of its deceased members from the territory of the Receiving Party.
(4) The Parties may agree on the apportionment of expenses for specific joint projects or mutual assistance projects by means of the signing of Project Arrangements or Implementing Arrangements.
Article 9
Emergency medical and dental assistance
(1) The Receiving Party shall provide emergency medical and dental treatment to Members of the Sending Party in accordance with its internal domestic law, including emergency medical evacuation to a designated military medical facility for purposes of resuscitation and stabilisation.
(2) Any secondary medical and dental treatment shall only be provided to injured or sick Members of a Sending Party by prior arrangement between the Parties and at the standard rates applicable to military members of the Receiving Party payable on demand.
(3) Any treatment at private health facilities in the territory of the Receiving Party to Members of the Sending Party shall be payable to such private health facilities by the Sending Party.
Article 10
Command, control and disciplinary arrangements
(1) Members of a Sending Party shall remain under the direct command, control and disciplinary authority of the designated authorities of the Sending Party when deployed in the territory of the Receiving Party.
(2) Members of the Sending Party shall, when deployed in the territory of the Receiving Party, acknowledge, observe and respect the customs, cultures, disciplinary codes and command-and-control structures of the Receiving Party for purposes of implementing the provisions of this Agreement.
(3) Members of the Sending Party, when deployed in the territory of the Receiving Party for purposes of implementing the provisions of this Agreement, may be repatriated by the designated military authorities of the Sending Party for disciplinary purposes whenever deemed necessary.
Article 11
Criminal jurisdiction
(1) The Sending Party shall retain exclusive criminal jurisdiction in respect of criminal offences committed by its Members in the territory of the Receiving Party in the course and scope of performing their official duties and shall take such legal steps permitted by its domestic law against such Members.
(2) The Sending Party shall inform the Receiving Party, through the diplomatic channel, of the outcome of any legal action taken against such Members.
Article 12
Claims and liabilities
(1) The Parties shall waive any claim arising from injury sustained or death suffered by their Members against each other where such injury or death was caused by Members during the performance of their official duties in each other’s territories, except where such injury or death was as a result of gross negligence or wilful misconduct on the part of the Members of a Party.
(2) The Parties shall waive any claim arising from any damage done or caused to any property owned by them against each other where such damage was caused by Members during the performance of their official duties in each other’s territory except where such damage was as a result of gross negligence or wilful misconduct on the part of the Members of a Party.
Article 13
Entry into force
This Agreement shall enter into force thirty (30) days after the date of receipt of the later of the notifications in writing through diplomatic channels, conveying the completion of the internal procedures of each Party required for that purpose.
Article 14
Settlement of disputes
Any dispute between the Parties arising out of the interpretation or implementation of this Agreement shall be settled through consultation or negotiation between the Parties through the diplomatic channel.
Article 15
Amendment
(1) This Agreement may be amended by mutual consent of the Parties through an Exchange of notes between the Parties through the diplomatic channel.
(2) The amendments shall enter into force in accordance with provisions of article 13 of this Agreement.
Article 16
Duration and termination
(1) This Agreement shall remain in force for an unlimited period of time.
(2) Either Party may terminate this Agreement at any time, upon a prior notification to the other Party, in writing, through the diplomatic channel.
(3) This Agreement shall terminate ninety (90) days after the date of the receipt of such notification.
(4) The termination of this Agreement shall not affect the ongoing cooperation or development projects under this Agreement, unless the Parties agree otherwise in writing through the diplomatic channels.
Article 17
Registration
Upon the entry into force of this Agreement, the Party in whose territory this Agreement is signed, shall transmit 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 of its registration number.
In witness whereof the undersigned, being duly authorised thereto by their respective Governments, have signed and sealed this Agreement in two originals in the Portuguese and English languages, both texts being equally authentic.
Done at Pretoria, on 6th of June 2023.
For the Portuguese Republic:
For the Republic of South Africa:
119664577