Resolução da Assembleia da República n.º 90/2009, de 15 de Setembro de 2009
Resoluçáo da Assembleia da República n. 90/2009
Aprova o Acordo entre a República Portuguesa e a Organizaçáo para a Proibiçáo das Armas Químicas sobre os Privilégios e Imunidades da Organizaçáo para a Proibiçáo das Armas Químicas, assinado na Haia em 5 de Julho de 2001.
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 entre a República Portuguesa e a Organizaçáo para a Proibiçáo das Armas Químicas sobre os Privilégios e Imunidades da Organizaçáo para a Proibiçáo das Armas Químicas, assinado na Haia em 5 de Julho de 2001, cujo texto, na versáo autenticada em língua inglesa e respectiva traduçáo em língua portuguesa, se publica em anexo.
Aprovada em 23 de Julho de 2009.
O Presidente da Assembleia da República, Jaime Gama.
AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND
THE ORGANISATION FOR THE PROHIBITION OF CHEMICAL WEAPONS ON THE PRIVILEGES AND IMMUNITIES OF THE OPCW.
Whereas article VIII, paragraph 48, of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction provides that the OPCW shall enjoy on the territory and in any other place under the jurisdiction or control of a State Party such legal capacity and such privileges and immunities as are necessary for the exercise of its functions;
Whereas article VIII, paragraph 49, of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction provides that delegates of States Parties, together with their alternates and advisers, representatives appointed to the Executive Council together with their alternates and advisers, the Director-General and the staff of the Organisation shall enjoy such privileges and immunities as are necessary in the independent exercise of their functions in connection with the OPCW;
6408 Whereas notwithstanding article VIII, paragraphs 48 and 49 of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, the privileges and immunities enjoyed by the Director-General and the staff of the Secretariat during the conduct of verification activities shall be those set forth in part II, section B, of the Verification Annex;
Whereas article VIII, paragraph 50, of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction specifies that such legal capacity, privileges and immunities are to be defined in agreements between the Organisation and the States Parties;
Now, therefore, the Organisation for the Prohibition of Chemical Weapons and the Portuguese Republic have agreed as follows:
Article 1
Definitions
In this Agreement:
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«Convention» means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction of
13 January 1993;
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«OPCW» means the Organisation for the Prohibition
of Chemical Weapons established under paragraph 1 of article VIII of the Convention;
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«Director-General» means the Director-General referred to in paragraph 41 of article VIII of the Convention, or in his absence, the acting Director-General;
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«Officials of the OPCW» means the Director-General and all members of the staff of the Secretariat of the OPCW;
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«State Party» means the State Party to this Agreement; f) «States Parties» means the States Parties to the Convention;
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«Representatives of States Parties» means the accredited heads of delegation of States Parties to the Conference of the States Parties and/or to the Executive Council or the Delegates to other meetings of the OPCW;
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«Experts» means persons who, in their personal capacity, are performing missions authorised by the OPCW, are serving on its organs, or who are, in any way, at its request, consulting with the OPCW;
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«Meetings convened by the OPCW» means any meeting of any of the organs or subsidiary organs of the OPCW, or any international conferences or other gatherings convened by the OPCW;
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«Property» means all property, assets and funds belonging to the OPCW or held or administered by the OPCW in furtherance of its functions under the Convention and all income of the OPCW;
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«Archives of the OPCW» means all records, correspondence, documents, manuscripts, computer and media data, photographs, films, video and sound recordings belonging to or held by the OPCW or any officials of the OPCW in an official function, and any other material which the Director-General and the State Party may agree shall form part of the archives of the OPCW;
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«Premises of the OPCW» are the buildings or parts of buildings, and the land ancillary thereto if applicable, used for the purposes of the OPCW, including those referred to
in part II, subparagraph 11(b), of the Verification Annex to the Convention.
Article 2
Legal personality
The OPCW shall possess full legal personality. In particular, it shall have the capacity:
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To contract;
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To acquire and dispose of movable and immovable property;
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To institute and act in legal proceedings.
Article 3
Privileges and immunities of the OPCW
1 - The OPCW and its property, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process, except in so far as in any particular case the OPCW has expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution.
2 - The premises of the OPCW shall be inviolable. The property of the OPCW, wherever located and by whom-soever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.
3 - The archives of the OPCW shall be inviolable, wherever located.
4 - Without being restricted by financial controls, regulations or moratoria of any kind:
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The OPCW may hold funds, gold or currency of any kind and operate accounts in any currency;
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The OPCW may freely transfer its funds, securities, gold and currencies to or from the State Party, to or from any other country, or within the State Party, and may convert any currency held by it into any other currency.
5 - The OPCW shall, in exercising its rights under paragraph 4 of this article, pay due regard to any representations made by the Government of the State Party in so far as it is considered that effect can be given to such representations without detriment to the interests of the OPCW.
6 - The OPCW and its property shall be:
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Exempt from all direct taxes; it is understood, however, that the OPCW will not claim exemption from taxes which are, in fact, no more than charges for public utility services;
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Exempt from customs duties and prohibitions and restrictions on imports and exports in respect of articles imported or exported by the OPCW for its official use; it is understood, however, that articles imported under such exemption will not be sold in the State Party, except in accordance with conditions agreed upon with the State Party; in full respect of its national laws and regulations; c) Exempt from duties and prohibitions and restrictions on imports and exports in respect of its publications.
7 - While the OPCW 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 OPCW is making important purchases for official use of property on which such duties and taxes have been charged or are chargeable, the State Party will, whenever possible, make appropriate administrative arrangements for the remission or return of the amount of duty or tax.
Article 4
Facilities and immunities in respect of communications and publications
1 - For its official communications the OPCW shall enjoy, in the territory of the State Party and as far as may be compatible with any international conventions, regulations and arrangements to which the State Party adheres, treatment not less favourable than that accorded by the Government of the State Party to any other Government, including the latter's diplomatic mission, in the matter of priorities, rates and taxes for post and telecommunications, and press rates for information to the media.
2 - No censorship shall be applied to the official correspondence and other official communications of the OPCW.
The OPCW 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 privileges and immunities as diplomatic couriers and bags.
Nothing in this paragraph shall be construed to preclude the adoption of appropriate security precautions to be determined by agreement between the State Party and the OPCW.
3 - The State Party recognises the right of the OPCW to publish and broadcast freely within the territory of the State Party for purposes specified in the Convention.
4 - All official communications directed to the OPCW and all outward official communications of the OPCW, by whatever means or whatever form transmitted, shall be inviolable. Such inviolability shall extend, without limitation by reason of this enumeration, to publications, still and moving pictures, videos, films, sound recordings and software.
Article 5
Representatives of States Parties
1 - Representatives of States Parties, together with alternates, advisers, technical experts and secretaries of their delegations, at meetings convened by the OPCW, shall, without prejudice to any other privileges and immunities which they may enjoy, while exercising their functions and during their journeys to and from the place of the meeting, enjoy the following privileges and immunities:
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Immunity from personal arrest or detention;
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Immunity from legal process of any kind in respect of words spoken or written and all acts done...
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