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Artigo 26.º — Cessação de vigência e denúncia

Vigente desde: 06/12/2006
  1. 1 -O presente Acordo poderá cessar a sua vigência por acordo entre as Partes, devendo as mesmas acordar a data a partir da qual as disposições do Acordo deixarão de estar em vigor.
  2. 2 -O presente acordo poderá ser denunciado por uma qualquer das Partes, devendo a intenção de proceder à denúncia ser notificada por escrito às outras Partes com pelo menos 12 meses de antecedência.

    Em fé do que, os abaixo assinados, estando devidamente autorizados, assinaram o presente Acordo.

    Feito em Lisboa, aos 17 dias do mês de Novembro de 2005, nas línguas portuguesa e inglesa, fazendo ambos os textos igualmente fé.

    Pela República Portuguesa:

    (ver documento original)

    Pelo Grupo Internacional de Estudos do Cobre:

    (ver documento original)

    Pelo Grupo Internacional de Estudos do Chumbo e Zinco:

    (ver documento original)

    Pelo Grupo Internacional de Estudos do Níquel:

    (ver documento original)

    HEADQUARTERS AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE INTERNATIONAL COPPER STUDY GROUP, THE INTERNATIONAL LEAD AND ZINC STUDY GROUP AND THE INTERNATIONAL NICKEL STUDY GROUP.

    The Portuguese Republic, the International Copper Study Group, the International Lead and Zinc Study Group and the International Nickel Study Group, hereinafter called «the Parties», with the purpose of defining the status, privileges and immunities of each Group and persons connected with it, as defined herein, have come to the following Agreement:

    PART I

    Introduction

    Article 1

    Use of terms

    For the purpose of the present Agreement:

    1. a)«Group» means the International Copper Study Group, the International Lead and Zinc Study Group or the International Nickel Study Group;
    2. b)«Government» means the Government of the Portuguese Republic;
    3. c)«Representatives» means the representatives of the members of each Group, heads of delegation and their alternates;
    4. d)«Premises of each Group» means all buildings or portion thereof and the land ancillary thereto used for the official activities and archives of each Group;
    5. e)«Archives of each Group» includes all records, correspondence, documents, manuscripts, photographs, films and recordings that belong to or are in the possession of each Group, as well as the information contained therein, wherever they are located;
    6. f)«Official activities of each Group» includes its administrative activities as well as all other activities undertaken pursuant to the terms of reference of each Group;
    7. g)«Staff members» means the Secretary-General and all persons appointed or recruited for full-time or part-time employment with a Group and subject to the staff regulations and staff rules of a Group, other than experts, assistant personnel to support each Group and persons recruited locally assigned to hourly rates of pay;
    8. h)«Secretary-General» means the Secretary-General appointed by the International Copper Study Group, the International Lead and Zinc Study Group and the International Nickel Study Group, who may act separately or jointly on behalf of each Group.

      Article 2

      Object

      The purpose of the present Agreement is to provide each Group with all the necessary conditions for the full and efficient discharge of its objectives, functions and obligations at its headquarters in Portugal and shall be interpreted accordingly.

      Article 3

      Legal personality of each Group

      Each Group has a separate and individual legal personality and has separate and individual legal capacity, in particular, to contract, to acquire and to dispose of immovable and movable property and to institute legal proceedings.

      PART II

      Headquarters

      Article 4

      Inviolability of the premises and archives of the Groups

  3. 1 -The premises and archives of each Group shall be inviolable.
  4. 2 -The property and goods of official use of each Group, including archives, wherever located and by whomsoever held, shall be exempt from search, seizure, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.
  5. 3 -The Portuguese authorities shall exercise due diligence and take all appropriate steps to protect the premises of each Group against any intrusion or damage.
  6. 4 -The Secretary-General shall inform the Government of the location of the premises and archives of each Group and keep it informed on any changes as well as of any temporary occupation of the premises.
  7. 5 -Where premises are temporarily used or occupied by a Group for the fulfilment of its official functions these premises shall be accorded the status of premises of the Group.
  8. 6 -Officials of the Government or of public authorities are not allowed to enter the premises of any one of the Groups without prior authorisation from the Secretary-General and under the terms established by him, except in case of fire or other disaster that seriously endangers public safety and requires immediate intervention.
  9. 7 -Execution of a judicial decision or similar action, such as the seizure of private property in the premises of any Group, is not permitted except when authorised by the Secretary-General and under the terms established by him.
  10. 8 -Without prejudice to the present Agreement, no Group shall allow its premises to be used as a refuge for individuals fleeing justice or for whom an extradition or deportation order has been issued by the competent authorities.

    Article 5

    Headquarters

  11. 1 -The Government shall provide, through a lease contract signed by the real estate owner, the International Copper Study Group, the International Lead and Zinc Study Group and the International Nickel Study Group and the Portuguese designated government authority, the 5th and 6th floors of the building located at Rua do Almirante Barroso, 38, in Lisbon, for the headquarters of the three Groups, as long as any one of the Groups maintains its headquarters in Portugal.
  12. 2 -Besides the full use of the above-mentioned office space, the three Groups shall have full use of:
    1. a)Six parking spaces;
    2. b)The conference rooms located on the ground floor of the building as required for the meetings of the Groups, during a maximum of 30 working days every year, and, if necessary, conference room up to 200 hundred people, located close to the premises, can be used in the same conditions as the conference room located in the building;
    3. c)Use of other common services of the building, including measures against trespassing and fire.
  13. 3 -The rent shall be (euro) 90000/year, being (euro) 40000/ year paid jointly by the International Copper Study Group, the International Lead and Zinc Study Group and the International Nickel Study Group and (euro) 50000/ year paid by the Portuguese designated government authority, which shall also be responsible for paying the annual adjustment fixed for commercial rents.
  14. 4 -If one Group decides to withdraw its headquarters from Portugal, the other two have the right to use two thirds of the space specified in paragraph 1, the right to use four parking spaces and the right to use the conference rooms for 20 working days, paying two thirds of the rent mentioned in the previous paragraph.
  15. 5 -If one Group decides to withdraw its headquarters from Portugal as mentioned in the previous paragraph, the other two Groups may decide to maintain the full use of the conditions described in paragraphs 1 and 2, in case which the share of the rent paid by the Portuguese designated government authority as referred to in paragraph 3 will be reduced in a third of its total annual value.

    Article 6

    Flag and emblem

    Each Group is entitled to display its flag and emblem at its premises and on vehicles and other means of transportation used for official purposes.

    PART III

    Immunities and privileges of each Group

    Article 7

    Immunity from jurisdiction and from execution

  16. 1 -Within the scope of its official activities, each Group and its property shall benefit from jurisdictional immunity and immunity from execution, except:
    1. a)When any Group expressly waives those immunities;
    2. b)When a third party initiates a proceeding which relates to pecuniary compensation for death or injury suffered in an accident caused by a vehicle belonging to any Group or being used by any Group or in case such vehicle is involved in a traffic violation;
    3. c)In respect of an enforcement of an arbitral decision rendered in accordance with articles 22 and 23 of the present Agreement;
    4. d)In a proceeding which relates to a contract of employment between one or more of the Groups and an individual for work performed or to be performed, in whole or in part, in the territory of the Portuguese Republic and that individual is a Portuguese national or permanent resident in that territory.
  17. 2 -In the event of a request to waive their immunity in a judicial proceeding instituted by a third party, each Group so requested shall make a declaration claiming immunity within fifteen days of its receipt, the absence of which being regarded as a waiver of immunity.
  18. 3 -The decision of one Group to waive its immunity shall not affect another Groups' immunities.
  19. 4 -Without prejudice to paragraph 2 of article 4, vehicles belonging to any of the Groups may be temporarily subject to judicial or administrative measures of search or seizure if needed for the investigation of the accidents referred to above in sub-paragraph b) of this article.

    Article 8

    Facilities in respect of communications

    Each Group shall enjoy in the territory of the Portuguese Republic for the purposes of its official communications and correspondence treatment not less favourable than that accorded by the Portuguese Republic to diplomatic missions in the matter of priorities, rates and taxes applicable to mail and the various forms of communication and correspondence.

    Article 9

    Circulation of publications

    The circulation of publications and other information issued by any Group or sent to any Group relating to their official activities shall not be restricted in any way.

    Article 10

    Direct tax exemptions

    The property and income resulting from the official activities of each Group are exempt from all direct taxes, including corporate income tax, capital tax and capital gains tax, conveyance tax and local tax on real estate.

    Article 11

    Indirect tax exemptions

  20. 1 -The goods and services acquired by each Group for official activities are exempt from all indirect taxes, including value added tax (VAT), automobile tax, taxes concerning petroleum products and alcoholic beverages tax.
  21. 2 -Relating to VAT, each Group, on acquiring new automobiles, goods and services from the national market for their official activities, shall be reimbursed if the value of each acquisition exceeds EUR 270, taxes included.
  22. 3 -The acquisition of goods and services referred to in the previous paragraph, purchased in other member States of the European Union, are not subject to the payment of VAT in Portugal.
  23. 4 -On purchasing in the national market new automobiles for official use, each Group shall be exempt from paying the automobile tax.

    Article 12

    Import and export exemptions

  24. 1 -Each Group shall be exempt from import and export duties and from any other taxes, prohibitions and restrictions on goods of whatsoever nature imported or exported by them as the result of its official activities.
  25. 2 -Imported, exported or transferred goods, if transported as luggage, may be declared to the custom offices by using the diplomatic pouch, labels and forms.

    Article 13

    Alienation to third parties

  26. 1 -The goods acquired in accordance with articles 10 and 11, or imported in accordance with article 12 of this Agreement, shall not be donated, sold, rented or otherwise disposed of within five years of their acquisition.
  27. 2 -If the period specified in the previous paragraph is not respected, the competent authorities will be notified and any necessary taxes or import duties shall be paid.

    Article 14

    Funds, foreign currency and assets

  28. 1 -Without being restricted by controls, regulations or moratoria of any kind:
    1. a)Each Group may hold funds, currency or movable valuables of any kind and operate accounts in any currency;
    2. b)Each Group may freely transfer its funds, currency or movable valuables from one country to another or within any country and convert any currency held by it into any other currency.
  29. 2 -Each Group shall be exempt from paying stamp duties on banking operations.

    PART IV

    Immunities and privileges of representatives, staff members and experts

    Article 15

    Representatives

  30. 1 -The Representatives attending the meetings of any Group shall, while exercising their official functions and during their journey to and from the place of meeting, enjoy the following privileges and immunities:
    1. a)Immunity from any legal proceedings, including both civil and criminal, even after the termination of their mission, in respect of words spoken or written, and all acts performed by them in their official capacity;
    2. b)Inviolability of all official papers and documents;
    3. c)When required by Portuguese or European Union legislation, issuance of passport visas for the representatives and their spouses or partners free of any cost and as rapidly as possible;
    4. d)The Representatives of each Group shall enjoy the same treatment as accorded to diplomatic representatives in the same circumstances, including customs privileges, unless they have residence in Portugal.
  31. 2 -The provisions of the above paragraph are without prejudice to any other immunity to which the Representative may be entitled under international law.
  32. 3 -The privileges and immunities mentioned in paragraph 1 may not be enjoyed by representatives of the Portuguese Government or portuguese nationals.
  33. 4 -Each Group shall inform the Portuguese Government of the names of Representatives of members before they enter Portugal.

    Article 16

    Staff members

  34. 1 -The Secretary-General of the International Copper Study Group, the International Lead and Zinc Study Group and the International Nickel Study Group shall enjoy the same privileges and immunities normally granted to heads of diplomatic missions and shall be included in the diplomatic list organised by the Ministry of Foreign Affairs.
  35. 2 -Staff members shall be entitled to the following privileges:
    1. a)Immunity from legal proceedings in respect of acts performed by them in the course of the performance of their functions for each Group, including words spoken or written;
    2. b)Inviolability of papers and documents in whatever form and materials relating to their functions for each Group;
    3. c)When required by Portuguese or European Union laws, issuance of passport visas for staff members and their spouses, partners, as well as to other dependants such as ascendants or descendants in direct line and first degree, including adoptive children in the same circumstances, free of any cost and as rapidly as possible;
    4. d)The same facilities in respect to currency exchange as the ones given to members of the diplomatic missions of comparable rank, except when the Staff member has Portuguese nationality or permanent residence in Portugal;
    5. e)Exemption from taxes on income and complementary remuneration to be paid by each Group; however, the Government shall take into consideration the value of all such remuneration for the purposes of estimating the taxation to apply relatively to income derived from other sources;
    6. f)As they commence their functions in Portugal, the staff members shall be exempt from importation duties, VAT and special consumer taxes, except for costs destined for the payment of services, relative to the importation of furniture and other personal goods they own or shall acquire within six months of changing their residence to Portugal;
    7. g)The imported goods that are exempt from importation duties cannot be sold or otherwise alienated within one year after importation and are subject to European Union regulations on this matter;
    8. h)The right to import temporarily an automobile for personal use, while working in Portugal, exempt from importation duties, VAT, and automobile tax. The temporary importation request shall be presented to the customs authorities within six months from the beginning of functions;
    9. i)The Secretary-General may import, under the same conditions, a second automobile to be used by his family;
    10. j)The alienation of automobiles imported under sub-paragraphs h) and i) above shall be subject, with the necessary modifications, to the rules in force under Portuguese law, applicable to automobiles owned by members of diplomatic missions and consular posts;
    11. k)Neither the Groups nor their employees are obliged to contribute to the Portuguese National social security system, provided that they have chosen to contribute only to the Groups' provident fund schemes.
  36. 3 -The regularisation of the status of each Group's staff members as expatriated citizens, as well as spouses or partners, dependent ascendants or descendants in direct line and first degree, as well as adoptive children in the same circumstances, is subject to the same regime as applied to the members of diplomatic missions.
  37. 4 -The conditions of work of the staff members shall be governed by the provisions of the staff rules and regulations of each Group. No Staff member can claim additional rights than those defined in the said rules and regulations.

    Article 17

    Experts

    Paragraphs a), b) and c) of paragraph 1 of article 15 shall apply to experts who are not staff members of a Group during the exercise of their functions while on a mission for a Group.

    Article 18

    Notification of appointments and identity cards

  38. 1 -Each Group shall inform the Government of the beginning and cessation of the activities of any staff members and experts, and shall regularly provide the Government with the list of all active and experts, indicating whether they have Portuguese nationality or if they are foreign citizens with permanent residence in Portugal.
  39. 2 -The Government shall issue an identity card with photographs to all Staff members and experts. This document shall be recognised by all official authorities.
  40. 3 -Each Group shall return the identity cards of Staff members or experts that have ceased their activities.

    Article 19

    Purpose of privileges and immunities

  41. 1 -Privileges and immunities provided by the present Agreement to Representatives, staff members and experts are accorded not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their activities in connection with the work of each Group.
  42. 2 -Each Member State should consider waiving the immunity of its Representatives whenever this immunity could obstruct the course of justice, providing that, in the sole opinion of the Member State, this waiving of immunity does not prejudice the purposes for what the immunity was accorded.
  43. 3 -The Secretary-General shall have the right and the duty to waive those privileges and immunities accorded to any staff members or experts (other than his own), in any case where they would impede the course of justice and can be waived without prejudice to the purpose for which the privileges and immunities are accorded.
  44. 4 -The International Copper Study Group, the International Lead and Zinc Study Group and the International Nickel Study Group may waive the immunities of the Secretary-General.

    Article 20

    Cooperation between each Group and the Government

  45. 1 -Each Group shall cooperate at all times with the appropriate authorities of the Government to facilitate the enforcement of the laws and regulations of the Portuguese Republic and to prevent the occurrence of any abuse in connection with the privileges, immunities and facilities referred to in the present Agreement.
  46. 2 -Without prejudice to their privileges and immunities, it is the duty of all persons enjoying privileges and immunities under the present Agreement to respect the laws and regulations of the Portuguese Republic. They also have a duty not to interfere in the internal affairs of the Portuguese State.
  47. 3 -The right of the Government to take all preventive measures consistent with international law to guarantee national security shall not be prejudiced by the provisions of this Agreement.

    PART V

    Settlement of disputes

    Article 21

    Settlement of disputes with third parties

    Disputes arising out of contracts and other disputes of a private law character to which any Group and a Portuguese person or entity are a Party shall be submitted to arbitration under Portuguese law, except if the contract or Portuguese law provides for submission to other jurisdiction, namely the Portuguese courts.

    Article 22

    Submission to international arbitration

    When requested by the Government, each Group shall submit to international arbitration all disputes that:

    1. a)Result from damages caused by any Group;
    2. b)Involve any other non-contractual liability of any Group;
    3. c)Involve a Staff member or expert of any Group, in which the person concerned can claim immunity from jurisdiction under this Agreement, where such immunity has not been waived.

      Article 23

      Settlement of disputes between any Group and the Government

  48. 1 -All disputes between any Group and the Portuguese Republic arising out of the interpretation or application of the present Agreement or any other matter that affects relations between any Group and the Portuguese Republic, shall be settled by consultation, negotiation or other agreed mode of settlement.
  49. 2 -If the dispute is not settled in accordance with paragraph 1 of this article within three months following a written request by one of the parties to the dispute, the dispute shall, at the request of either Party to the dispute, be referred to an international arbitral tribunal according to the procedure set forth in paragraphs 3 to 7 of this article.
  50. 3 -The arbitral tribunal shall be composed of three arbitrators: one to be chosen by the Government, another by the Secretary-General after having previously consulted with the Group or Groups involved in the dispute, and the third, who shall be the chairman of the tribunal, to be chosen by the other two arbitrators.
  51. 4 -If either Party to the dispute has failed to make its appointment of an arbitrator of the tribunal within three months of the appointment of the arbitrator by the other party, that other party may invite the President of the International Court of Justice to make such appointment.
  52. 5 -Should the first two arbitrators fail to agree upon the appointment of the chairman of the tribunal within two months following their appointment, either Party may invite the President of the International Court of Justice to choose the chairman.
  53. 6 -Unless the Parties to the dispute otherwise agree, the arbitral tribunal shall determine its own procedure and the expenses shall be borne by the Parties to the dispute as assessed by the tribunal.
  54. 7 -The arbitral tribunal, which shall decide by a majority of votes, shall reach a decision on the dispute on the basis of the provisions of the present Agreement and the applicable rules of international law. The decision of the arbitral tribunal shall be final and binding on the Parties.

    PART VI

    Final provisions

    Article 24

    Entry into force

  55. 1 -The present Agreement shall enter into force on the date of receipt of the last notification by the Parties that the formalities required by the terms of reference of each Group and the necessary requirements and shall produce its effects from the 1st of January of 2006.
  56. 2 -Upon entry into force of the present Agreement, the Agreement on Privileges and Immunities concluded between the International Copper Study Group and the Portuguese Republic, signed in Lisbon on the 9th of November of 1993, shall cease to be in force.

    Article 25

    Amendment

  57. 1 -The present agreement may be amended by agreement of the Parties.
  58. 2 -The amendments shall enter into force according to the procedure established in paragraph 1 of article 24.

    Article 26

    Termination and withdrawal

  59. 1 -The present Agreement can be terminated by agreement between the Parties. The Parties shall agree upon the date from which the provisions of the Agreement will cease to be in force.
  60. 2 -Any Party may withdraw from this Agreement, provided the intention to withdraw is notified in writing to the other Parties with at least twelve months notice.

    In witness thereof, the undersigned, being duly authorised thereto, have signed the present Agreement.

    Done in Lisbon, on the 17th of November of 2005, in Portuguese and English, both texts being equally authentic.

    For the Portuguese Republic:

    (ver documento original)

    For the International Copper Study Group:

    (ver documento original)

    For the International Lead and Zinc Study Group:

    (ver documento original)

    For the International Nickel Study Group:

    (ver documento original)

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