Resolução da Assembleia da República n.º 58/2009, de 30 de Julho de 2009
Resoluçáo da Assembleia da República n. 58/2009
Aprova o Acordo sobre Privilégios e Imunidades do Tribunal Internacional do Direito do Mar, adoptado em Nova Iorque em 23 de Maio de 1997
A Assembleia da República resolve, nos termos da alínea i) do artigo 161. e do n. 5 do artigo 166. da Constituiçáo, aprovar o Acordo sobre Privilégios e Imunidades do Tribunal Internacional do Direito do Mar, adoptado em Nova Iorque, em 23 de Maio de 1997, cujo texto, na versáo autenticada na língua inglesa, assim como a respectiva traduçáo para língua portuguesa, se publicam em anexo.
Aprovada em 29 de Maio de 2009.
O Presidente da Assembleia da República, Jaime Gama.
AGREEMENT ON THE PRIVILEGES AND IMMUNITIES OF THE INTERNATIONAL TRIBUNAL
FOR THE LAW OF THE SEA, ADOPTED ON 23 MAY 1997
The States Parties to the present Agreement:
Considering that the United Nations Convention on the Law of the Sea establishes the International Tribunal for the Law of the Sea;
Recognizing that the Tribunal should enjoy such legal capacity, privileges and immunities as are necessary for the exercise of its functions;
Recalling that the Statute of the Tribunal provides, in article 10, that the Members of the Tribunal, when engaged on the business of the Tribunal, shall enjoy diplomatic privileges and immunities;
Recognizing that persons participating in proceedings and officials of the Tribunal should enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Tribunal;
have agreed as follows:
Article 1
Use of terms
For the purposes of this Agreement:
-
«Convention» means the United Nations Convention on the Law of the Sea of 10 December 1982;
-
«Statute» means the Statute of the International Tribunal for the Law of the Sea in annex VI to the Convention;
-
«States Parties» means States Parties to this Agreement;
-
«Tribunal» means the International Tribunal for the Law of the Sea;
-
«Member of the Tribunal» means an elected member of the Tribunal or a person chosen under article 17 of the Statute for the purpose of a particular case;
-
«Registrar» means the Registrar of the Tribunal and includes any official of the Tribunal acting as Registrar;
-
«Officials of the Tribunal» means the Registrar and other members of the staff of the Registry;
-
«Vienna Convention» means the Vienna Convention on Diplomatic Relations of 18 April 1961.
4934 Article 2
Juridical personality of the Tribunal
The Tribunal shall possess juridical personality. It shall have the capacity:
-
To contract;
-
To acquire and dispose of immovable and movable property;
-
To institute legal proceedings.
Article 3
Inviolability of the premises of the Tribunal
The premises of the Tribunal shall be inviolable, subject to such conditions as may be agreed with the State Party concerned.
Article 4
Flag and emblem
The Tribunal shall be entitled to display its flag and emblem at its premises and on vehicles used for official purposes.
Article 5
Immunity of the Tribunal, its property, assets and funds
1 - The Tribunal shall enjoy immunity from legal process, except insofar 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.
2 - The property, assets and funds of the Tribunal, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, seizure, expropriation or any other form of interference, whether by executive, administrative, judicial or legislative action.
3 - To the extent necessary to carry out its functions, the property, assets and funds of the Tribunal shall be exempt from restrictions, regulations, controls and moratoria of any nature.
4 - The Tribunal shall have insurance coverage against third -party risks in respect of vehicles owned or operated by it, as required by the laws and regulations of the State in which the vehicle is operated.
Article 6 Archives
The archives of the Tribunal, and all documents belonging to it or held by it, shall be inviolable at all times and wherever they may be located. The State Party where the archives are located shall be informed of the location of such archives and documents.
Article 7
Exercise of the functions of the Tribunal outside the Headquarters
In the event that the Tribunal considers it desirable to sit or otherwise exercise its functions elsewhere than at its Headquarters, it may conclude with the State concerned an arrangement concerning the provision of the appropriate facilities for the exercise of its functions.
Article 8
Communications
1 - For the purposes of its official communications and correspondence, the Tribunal shall enjoy in the territory of each State Party, insofar as is compatible with the international obligations of the State concerned, treatment not less favourable than that which the State Party accords to any intergovernmental organization or diplomatic mission in the matter of priorities, rates and taxes applicable to mail and the various forms of communication and correspondence.
2 - The Tribunal may use all appropriate means of communication and make use of codes or cipher for its official communications or correspondence. The official communications and correspondence of the Tribunal shall be inviolable.
3 - The Tribunal shall have the right to dispatch and receive correspondence and other materials or communications by courier or in sealed bags, which shall have the same privileges, immunities and facilities as diplomatic couriers and bags.
Article 9
Exemption from taxes, customs duties and import or export restrictions
1 - The Tribunal, its assets, income and other property, and its operations and transactions shall be exempt from all direct taxes; it is understood, however, that the Tribunal shall not claim exemption from taxes which are no more than charges for public utility services.
2 - The Tribunal shall be exempt from all customs duties, import turnover taxes and prohibitions and restrictions on imports and exports in respect of articles imported or exported by the Tribunal for its official use.
3 - Goods imported or purchased under such an exemption shall not be sold or otherwise disposed of in the territory of a State Party, except under conditions agreed with the Government of that State Party. The Tribunal shall also be exempt from all customs duties, import turnover taxes, prohibitions and restrictions on imports and exports in respect of its publications.
Article 10
Reimbursement of duties and or taxes
1 - The Tribunal shall not, as a general rule, claim exemption from duties and taxes which are included in the price of movable and immovable property and taxes paid for services rendered. Nevertheless, when the Tribunal for its official use makes major purchases of property and goods or services on which duties and taxes are charged or are chargeable, States Parties shall make appropriate administrative arrangements for the exemption of such charges or reimbursement of the amount of duty and or tax paid.
2 - Goods purchased under such an exemption or reimbursement shall not be sold or otherwise disposed of, except in accordance with the conditions laid down by the State Party which granted the exemption or reimbursement. No exemption or reimbursement shall be accorded in respect of charges for public utility services provided to the Tribunal.
Article 11 Taxation
1 - The salaries, emoluments and allowances paid to Members and officials of the Tribunal shall be exempt from taxation.2 - Where the incidence of any form of taxation depends upon residence, periods during which such Members or officials are present in a State for the discharge of their functions shall not be considered as periods of residence if such Members or officials are accorded diplomatic privileges, immunities and facilities.
3 - States Parties shall not be obliged to exempt from income tax pensions or annuities paid to former Members and former officials of the Tribunal.
Article 12
Funds and freedom from currency restrictions
1 - Without being restricted by financial controls, regulations or financial moratoriums of any kind, while carrying out its activities:
-
The Tribunal may hold funds, currency of any kind or gold and operate accounts in any currency;
-
The Tribunal shall be free to transfer its funds, gold or its currency from one country to another or within any country and to convert any currency held by it into any other currency;
-
The Tribunal may receive, hold, negotiate, transfer, convert or otherwise deal with bonds and other financial securities.
2 - In exercising its rights under paragraph 1, the Tribunal shall pay due regard to any representations made by any State Party insofar as it is considered that effect can be given to such representations without detriment to the interests of the Tribunal.
Article 13
Members of the Tribunal
1 - Members of the Tribunal shall, when engaged on the business of the Tribunal, enjoy the privileges, immunities, facilities and prerogatives accorded to heads of diplomatic missions in accordance with the Vienna Convention.
2 - Members of the Tribunal and members of their families forming part of their households shall be accorded every facility for leaving the country where they may happen to be and for entering and leaving the country where the Tribunal is sitting. On journeys in connection with the exercise of their functions, they shall in all countries through which they may have to pass enjoy all the privileges, immunities and facilities granted by these countries to diplomatic agents in similar circumstances.
3 - If Members of the Tribunal, for the purpose of holding themselves at the disposal of the Tribunal, reside in any country other than that of which they are nationals or permanent residents, they shall, together with the members of their families forming part of their households, be accorded diplomatic privileges, immunities and facilities during...
Para continuar a ler
PEÇA SUA AVALIAÇÃO