Resolução da Assembleia da República n.º 42/2007, de 10 de Setembro de 2007
Resoluçáo da Assembleia da República n. 42/2007
Aprova o Acordo sobre os Privilégios e Imunidades do Tribunal Penal Internacional, feito em Nova Iorque em 9 de Setembro de 2002
A Assembleia da República resolve, nos termos da alínea i) do artigo 161. e do n. 5 do artigo 166. da Constituiçáo, o seguinte:
Artigo 1.
Aprovaçáo
Aprovar o Acordo sobre os Privilégios e Imunidades do Tribunal Penal Internacional, feito em Nova Iorque em 9 de Setembro de 2002, cujo texto, na versáo autenticada em língua inglesa, e respectiva traduçáo em língua portuguesa, se publica em anexo.
6390 Artigo 2.
Declaraçáo
No momento do depósito do seu instrumento de ratificaçáo, nos termos do artigo 34. do Acordo sobre os Privilégios e Imunidades do Tribunal Penal Internacional, a República Portuguesa formula a seguinte declaraçáo:
No âmbito do Acordo sobre os Privilégios e Imunidades do Tribunal Penal Internacional, Portugal declara que as pessoas referidas no artigo 23., que sejam nacionais ou tenham residência permanente em Portugal, gozam, no território português, apenas dos privilégios e imunidades referidos no mesmo artigo.
Aprovada em 19 de Julho de 2007.
O Presidente da Assembleia da República, Jaime Gama.
AGREEMENT ON THE PRIVILEGES AND IMMUNITIES OF THE INTERNATIONAL CRIMINAL COURT
The States Parties to the present Agreement:
Whereas the Rome Statute of the International Criminal Court adopted on 17 July 1998 by the United Nations Diplomatic Conference of Plenipotentiaries established the International Criminal Court with the power to exercise its jurisdiction over persons for the most serious crimes of international concern;
Whereas article 4 of the Rome Statute provides that the International Criminal Court shall have international legal personality and such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes;
Whereas article 48 of the Rome Statute provides that the International Criminal Court shall enjoy in the territory of each State Party to the Rome Statute such privileges and immunities as are necessary for the fulfilment of its purposes;
have agreed as follows:
Article 1
Use of terms
For the purposes of the present Agreement:
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«The Statute» means the Rome Statute of the International Criminal Court adopted on 17 July 1998 by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court; b) «The Court» means the International Criminal Court established by the Statute;
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«States Parties» means States Parties to the present Agreement;
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«Representatives of States Parties» means all delegates, deputy delegates, advisers, technical experts and secretaries of delegations;
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«Assembly» means the Assembly of States Parties to the Statute;
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«Judges» means the judges of the Court;
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«The Presidency» means the organ composed of the President and the First and Second Vice-Presidents of the Court;
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«Prosecutor» means the Prosecutor elected by the Assembly in accordance with article 42, paragraph 4, of the Statute;
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«Deputy prosecutors» means the deputy prosecutors elected by the Assembly in accordance with article 42, paragraph 4, of the Statute;
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«Registrar» means the registrar elected by the Court in accordance with article 43, paragraph 4, of the Statute;
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«Deputy registrar» means the deputy registrar elected by the Court in accordance with article 43, paragraph 4, of the Statute;
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«Counsel» means defence counsel and the legal representatives of victims;
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«Secretary-General» means the Secretary-General of the United Nations;
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«Representatives of intergovernmental organizations» means the executive heads of intergovernmental organizations, including any official acting on his or her behalf; o) «Vienna Convention» means the Vienna Convention on Diplomatic Relations of 18 April 1961;
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«Rules of Procedure and Evidence» means the Rules of Procedure and Evidence adopted in accordance with article 51 of the Statute.
Article 2
Legal status and juridical personality of the Court
The Court shall have international legal personality and shall also have such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes. It shall, in particular, have the capacity to contract, to acquire and to dispose of immovable and movable property and to participate in legal proceedings.
Article 3
General provisions on privileges and immunities of the Court
The Court shall enjoy in the territory of each State Party such privileges and immunities as are necessary for the fulfilment of its purposes.
Article 4
Inviolability of the premises of the Court
The premises of the Court shall be inviolable.
Article 5
Flag, emblem and markings
The Court shall be entitled to display its flag, emblem and markings at its premises and on vehicles and other means of transportation used for official purposes.
Article 6
Immunity of the Court, its property, funds and assets
1 - The Court, and its property, funds and assets, wherever located and by whomsoever held, shall be immune from every form of legal process, except insofar as in any particular case the Court has expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution.
2 - The property, funds and assets of the Court, wherever located and by whomsoever held, shall be immune from search, seizure, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.
3 - To the extent necessary to carry out the functions of the Court, the property, funds and assets of the Court, wherever located and by whomsoever held, shall be exempt from restrictions, regulations, controls or moratoria of any nature.
Article 7
Inviolability of archives and documents
The archives of the Court, and all papers and documents in whatever form, and materials being sent to or from the Court, held by the Court or belonging to it, wherever located and by whomsoever held, shall be inviolable.
The termination or absence of such inviolability shall not affect protective measures that the Court may order pursuant to the Statute and the Rules of Procedure and Evidence with regard to documents and materials made available to or used by the Court.
Article 8
Exemption from taxes, customs duties and import or export restrictions
1 - The Court, its assets, income and other property and its operations and transactions shall be exempt from all direct taxes, which include, inter alia, income tax, capital tax and corporation tax, as well as direct taxes levied by local and provincial authorities. It is understood, however, that the Court shall not claim exemption from taxes which are, in fact, no more than charges for public utility services provided at a fixed rate according to the amount of services rendered and which can be specifically identified, described and itemized.
2 - The Court 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 Court for its official use and in respect of its publications.
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 competent authorities of that State Party.
Article 9
Reimbursement of duties and or taxes
1 - The Court shall not, as a general rule, claim exemption from duties and or taxes which are included in the price of movable and immovable property and taxes paid for services rendered. Nevertheless, when the Court for its official use makes major purchases of property and goods or services on which identifiable duties and or 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 Court.
Article 10
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:
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The Court may hold funds, currency of any kind or gold and operate accounts in any currency;
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The Court 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;
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The Court may receive, hold, negotiate, transfer, convert or otherwise deal with bonds and other financial securities;
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The Court shall enjoy treatment not less favourable than that accorded by the State Party concerned to any intergovernmental organization or diplomatic mission in respect of rates of exchange for its financial transactions.
2 - In exercising its rights under paragraph 1, the Court 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 Court.
Article 11
Facilities in respect of communications
1 - The Court shall enjoy in the territory of each State Party for the purposes of its official communications and correspondence treatment not less favourable than that accorded by the State Party concerned to any intergovern-mental organization or diplomatic mission in the matter of priorities, rates and taxes applicable to mail and the various forms of communication and correspondence.
2 - No censorship shall be applied to the official communications or correspondence of the Court.
3 - The Court may use all appropriate...
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