Key Benefits:
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MOTION FOR RESOLUTION No. 33 /X
Considering that the Sede Agreement between the Portuguese Republic and the Group
International of Cobre Studies, the International Group of Cast Studies and
Zinc and the International Group of Studies of the Níquel, signed in Lisbon to 17 of
November 2005, constitutes an essential legal instrument for the establishment
of the seat of those three Groups in Portugal and for the fulfilment of the objectives
constants of its Statutes;
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following motion for a resolution:
Approves the Sede Agreement between the Portuguese Republic and the International Group of
Copper Studies, the International Group of Chumbo and Zinc Studies and the Group
International Studies of the Níquel, signed in Lisbon on November 17, 2005,
whose text, in the authentic versions in the Portuguese and English languages, publishes itself in annex.
Seen and approved in Council of Ministers of January 12, 2006
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
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HEADQUARTERS AGREEMENT
BETWEEN
THE PORTUGUESE REPUBLIC AND THE INTERNATIONAL GROUP OF STUDIES
OF COPPER, THE INTERNATIONAL GROUP OF LEAD STUDIES AND
ZINC AND THE INTERNATIONAL GROUP OF NICKEL STUDIES
The Portuguese Republic, the International Group of Copper Studies, the Group
International Studies of the Chumbo and Zinco and the International Group of Studies of the
Nickel, henceforth designated "the Parties", with the aim of defining the status, the
privileges and the immunities of each Group and the persons to them bound together, agree the
next:
PART I
General provisions
Article 1.
Definitions
For the purposes of this Agreement, it is understood that:
a) "Group" designates the International Group of Copper Studies, the International Group
of Studies of the Chumbo and Zinco or the International Group of Studies of the Nypsiel;
(b) "Government" designates the Government of the Portuguese Republic;
c) "Representatives" means the representatives of the members of each Group, heads of
delegation or its substitutes;
d) "Installations of each Group" means all urban buildings or fractions of the
same and their lograds used for the official activities and archives of the individual
Group;
e) "Archives of each Group" includes all records, correspondence, documents,
manuscripts, photographs, films and recordings, which belong to or are in possession of
each Group, as well as all the information contained therein, regardless of their
location;
f) "Official activities of each Group" includes the administrative activities and
any others carried out under the Terms of Reference of each Group;
g) "Secretariat" designates the Secretary-General and all persons appointed or
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contracted in full or partial time by one of the Groups and which are subject to the
Personnel Regulations and the Personnel Rules of a Group, with the exception of
experts, from the auxiliary staff to support the Groups and locally recruited staff in
service provision of services;
h) "Secretary-General" designates the Secretary-General appointed by the International Group of the
Copper Studies, by the International Group of Chumbo and Zinc Studies, by the
International Group of Nypsiel Studies, which may act, either separately or jointly,
in representation of each Group.
Article 2.
Subject
This Agreement is for the purpose of providing each of the Groups all the
conditions necessary for the full and efficient fulfilment of its objectives, functions
and obligations at its head office in Portugal, and must be interpreted accordingly.
Article 3.
Legal personality of each Group
Each Group has individual and separate legal personality and has capacity
individual and separate legal, in particular, to hire, acquire and dispose of goods
real estate and furniture, as well as to institute legal processes.
PART II
Headquarters
Article 4.
Inviolability of the premises and archives of the Groups
1-The premises and the archives of each Group are inviolable.
2-A property and the goods for official use of each Group, including its archives,
wherever they are situated and regardless of their holder, they cannot be
object of search, arrest, requisition, forfeiture, expropriation or any other form of
executive, administrative, judicial or legislative restriction.
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3-The Portuguese authorities will exercise the necessary representations and take the
measures necessary to protect the premises of each Group against any intrusion
or damage.
4-The Secretary-General should inform the Government about the location of the facilities
and files from each Group, and keep you informed of any changes, as well as
about any temporary occupancy of the facilities.
5-Where any facilities are used or occupied temporarily by
a Group for the further continuation of their respective official functions, to such facilities
the status of premises of the Group shall be assigned.
6-No representative of the Government or public authorities will be able to enter the
facilities of any of the Groups without prior authorization from the Secretary-General and in
compliance with the conditions by it established, except in the event of fire or
another accident that puts in serious danger to public safety and require a
immediate intervention.
7-A The execution of a court decision or similar action, such as the arrest of goods
private on the premises of any Group, shall not be permitted, except when
authorized by the Secretary-General and in accordance with the conditions by him
established.
8-Without prejudice to the provisions of this Agreement, none of the Groups will allow them to
your premises are used for refuge from individuals wanted for justice or
against which it has been issued by the competent authorities an order of
extradition or expulsion.
Article 5.
Headquarters
1-The Government makes available, by means of a tenancy agreement concluded between the
owner of the real estate, the International Group of Copper Studies, the Group
International Studies of the Chumbo and Zinco and the International Group of Studies of the
Nickel and the designated Portuguese governmental authority, the 5º and 6º floors of the building
sito on rue Admiral Barroso, No 38 in Lisbon, for the installation of the headquarters of the three
Groups, during the period in which any of the Groups hold the respective seat
in Portugal.
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2-In addition to the full use of those cited two floors of the immovable, the three Groups
fruity yet:
a) of six parking spaces;
b) of the conference rooms located on the floor-of-the-floor of the building, according to the
needs for meetings of the Groups, for a maximum period of 30 working days per
year and, case required, a conference room with capacity for up to 200 persons,
located close to the premises, can be used under the same conditions as the room
of conferences located in the immovable;
c) of the use of all common services of the building, including measures against
invasion of property and fires.
3-A rent is 90000 Euros per year, being 40000 Euros per year supported
jointly by the International Group of Copper Studies, the International Group of
Studies of the Chumbo and Zinco and the International Group of Nypsiel Studies and the
remaining 50000 Euros per year paid by the Portuguese governmental authority
designated, who will also be responsible for the payment of the annual rent increase
relative to commercial leases.
4-If one of the Groups decides to withdraw the respective seat of Portugal, the other two
Groups are entitled to use two thirds of the area provided for in paragraph 1, will be entitled to four
parking spaces and to use the conference rooms for twenty working days,
paying for the effect two thirds of income mentioned in the previous number.
5-If one of the Groups decides to withdraw the respective seat of Portugal, as referred to in the
previous number, the other two Groups may choose to maintain full use of the
conditions laid down in the numbers one and two, in this case the percentage of the
income paid by the designated Portuguese governmental authority, as referred to in the
n. 3, will be reduced by a third of its annual total value.
Article 6.
Flag and symbol
Each Group has the right to use its flag and symbol on its premises and
vehicles and other means of transport used for official purposes.
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PART III
Immunities and privileges of each Group
Article 7.
Immunity of jurisdiction and enforcement
1-Within the scope of its official activities, each Group and its ownership will have
immunity from jurisdiction and execution, except:
a) When any Group expressly renouns such immunities;
b) When third parties urge a case to claim compensation
pecuniary for death or for damage caused by an accident caused by a vehicle
belonging to any of the Groups, or to the service of any of the Groups, or in the case
of a traffic offence involving one of these vehicles;
c) In the case of execution of an arbitral award handed down under Articles 22 or
23. of this Agreement;
d) In a legal action relating to a contract of employment between one or more
Groups and an individual relating to work carried out or to be carried out, in whole or in part,
in the territory of the Portuguese Republic, provided that such an individual is of nationality
Portuguese or permanent resident in that territory.
2-In the case of an application to waive your immunity, following an action
intended by third parties, each required Group should make a statement to affirm the
your immunity within 15 days of receipt of the application, under penalty of considering
your immunity as waived.
3-A The decision of a Group to waive its immunity will not harm immunity
of the other Groups.
4-Without prejudice to the provision of Rule 4 (2), vehicles belonging to any
of the Groups may be temporarily subject to judicial or administrative measures
of search or attachment, if necessary for investigation of the accidents referred to in paragraph
b) of this article.
Article 8.
Facilities for communications
Each Group will benefit, throughout the Portuguese territory, in its communications and
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official correspondence of a treatment no less favourable than the one conferred by the
Portuguese Republic to any diplomatic mission with regard to priorities,
fees and mail rates applicable to mail and other forms of communication and
correspondence.
Article 9.
Circulation of publications
The circulation of publications and other information materials issued by any
Group or sent to any Group, within the framework of its official activities, not
will suffer any kind of restriction.
Article 10.
Exemption from direct taxes
The goods and income from the official activities of each Group are exempt
of any direct taxes, including the income tax of persons
legal, capital tax, tax on more valuings, transaction tax and
autarctic tax on real estate.
Article 11.
Indirect tax exemption
1-The goods and services purchased by each Group for the exercise of activities
officers are exempt from all indirect taxes, namely the Tax on the
Value Added (VAT), automotive tax, and taxes on petroleum products and
alcoholic beverages.
2-In relation to VAT, in the acquisition of new cars and goods and services in the
national market, for performance of the respective official activities, each Group
will be refunded if the value of each purchase exceeds 270 Euros, tax included.
3-The acquisitions of goods and services referred to in the preceding paragraph made in others
Member states of the European Union, are not subject to the payment of VAT in
Portugal.
4-In the acquisition in the national market of new motor vehicles needed for the
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official activities, each Group is exempt from the payment of the automobile tax.
Article 12.
Exemptions in import and export
1-Each Group is exempt from the payment of customs duties and any other
taxes, prohibitions or restrictions on the goods of any nature by them
imported or exported in the exercise of their official activities.
2-Imported goods, exported or transferred can, should they be transported
in the form of baggage, must be declared to the customs using the labels and
customary forms for diplomatic suitcases.
Article 13.
Alienation to third parties
1-The goods purchased under Articles 10 and 11 or imported under the
article 12 of this Agreement may not be donated, sold, leased or tran-
sacked otherwise before they decorated five years of their acquisition.
2-If the period referred to in paragraph 1 is not complied with, the competent authorities shall be
notified and paid the respective taxes or import duties, as the case may be.
Article 14.
Funds, foreign exchange and securities
1-Without being limited by any kind of control, regulation or moratorium:
a) Each Group may hold funds, foreign exchange or securities of any kind
and own accounts in any currency;
b) Each Group will be able to freely transfer its funds, foreign exchange or values
securities and convert in any currency the foreign exchange that detains, from a country to
another or from one location to another within any country.
2-Each Group will benefit from exemption from the stamp duty on banking operations.
PART IV
Immunities and privileges of the representatives, officials of the Secretariat and experts
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Article 15.
Representatives
1-The representatives participating in the meetings of any Group shall enjoy, during the
exercise of your official duties and in the course of travel with a destination to the site of the
meeting or on the return of that meeting, of the following privileges and immunities:
a) Immunity of any legal, civil or criminal action, even after the term of its
mission, in respect of oral or written statements and to all acts carried out in the
your official missions;
b) Inviolability of all documents intended for official use;
c) When required by national or community legislation, free issuance of visa
for the own and for the spouse or for person with whom to live in de facto union and
respective processing as fast as possible;
d) The representatives of each Group will benefit from equal treatment to what is
dispensed to diplomatic agents in equal circumstances, including in what it says
respect to customs facilities, save if they reside in Portugal.
2-The provisions of the preceding paragraph shall be without prejudice to any special immunity to which such
representatives may be entitled in accordance with international law.
3-The privileges and immunities provided for in paragraph 1 shall not apply to any
representative of the Government, nor to any citizen of the Portuguese Republic.
4-Each Group should communicate to the Portuguese Government the names of the representatives
of the members prior to their arrival in Portugal.
Article 16.
Officials of the Secretariat
1-The Secretary-General of the International Group of Cobre Studies, of the Group
International Studies of the Chumbo and Zinco and the International Group of Studies of the
Nickel will benefit from the same privileges and immunities customarily granted to the
heads of the diplomatic missions and will be included in the diplomatic list organized by the
Ministry of Foreign Affairs.
2-Staff of the Secretariat shall enjoy the following privileges:
a) Immunity of any legal action with regard to the acts carried out in the
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exercise of their duties for each Group, including oral and written statements;
b) Inviolability of the documents, whatever their content or type of
material, related to their functions in each Group;
c) When required by national or community legislation, free issuance of visa
for the own, for the spouse or for person with whom to live in de facto union and still
for ascenders or descendants in the straight-line and in 1º degree that are at their
job title as well as adoptive children in equal circumstances, and respective
processing as fast as possible;
(d) the exchange facilities identical to those granted to the employees of the representations
identical category diplomatic, except if the officials of the Secretariat have the
Portuguese nationality or are permanent residents in Portugal;
e) Exemption from income tax and supplementary remuneration to be paid by
each Group; however, the value of these remunerations shall be taken into account by the Government for
calculation of taxation to be applied in respect of income from other
sources;
(f) Exemption, at the time they assume duties in Portugal, of rights to
import, VAT, excise duty, except as to the charges
intended for the payment of services, in relation to the import of furniture and other
personal property of which they are owners or to come to acquire within six
months after the transfer of residence to Portugal;
g) the imported goods with exemption from import customs duties under
of the preceding paragraph shall not be sold or disposed of within one year after the
import and become subject to the regulation of the European Union in the matter;
h) Right to import temporarily, for the period which lasers the exercise of its
functions in Portugal, an automobile vehicle intended for its personal use, free from
import duties, VAT and car tax. The request for temporary import
must be submitted to the customs authorities within six months of the
inceptions of the functions;
i) The Secretary-General will be able to import, in identical conditions, a second vehicle
for use of your household;
j) The disposal of imported motor vehicles under points (h) and (i)
aforementioned is subject, with the necessary modifications, to the rules prevailing in the
Portuguese legislation applicable to vehicles of employees of diplomatic missions
and consular posts;
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k) Neither the Groups, nor the employees of the Secretariat, are obliged to contribute
for the Portuguese national social security system, as long as they have chosen
contribute only to the pension fund scheme of the Groups.
3-A regularization of the status of the Secretariat officials of each Group as
foreign citizens, as well as from the spouse or person with whom they live in union of
fact and of the ascendants or descendants in the straight-line and in 1º degree that are in their
post, as well as adoptive children in equal circumstances, is subject to the scheme
applicable to non-diplomatic staff of diplomatic missions.
4-The working conditions of the Secretariat officials will be regulated by the
provisions of the Personnel Regulations and Personnel Rules of each Group.
No employee of the Secretariat will be able to claim additional rights in addition to the
defined in the mentioned standards and regulations.
Article 17.
Experts
Subparagraphs (a), (b) and (c) of Article 15 (1) apply to experts who are not
officials of the Secretariat of a Group and who find themselves in the exercise of the
respective roles during a mission to a Group.
Article 18.
Notification of nominations and identity cards
1-Each Group shall inform the Government of the beginning and term of functions of any
employee of the Secretariat or expert, and shall regularly send to the Government a
list of all employees of the Secretariat and experts in office, specifying,
notably, whether it is citizens of Portuguese nationality or citizens
foreigners with permanent residence in Portugal.
2-The Government will issue identity cards with photography for each employee of the
Secretariat and expert. Such a document will be recognized by all the official authorities.
3-Each Group will return the identity cards of the Secretariat employees and
experts who have ceased duties.
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Article 19.
Purpose of privileges and immunities
1-The privileges and immunities granted by this Agreement to the representatives,
officials of the Secretariat and experts are not granted for the personal benefit of the
same, but aim to ensure the independent exercise of their activities
related to the work of each Group.
2-Any member state should consider waiving the immunity of its
representatives whenever the same can prevent the course of justice and provided that,
second the exclusive opinion of the Member State, such renunciation does not prejudice the
purposes for which immunity has been granted.
3-The Secretary-General has the right and the duty to lift the privileges and immunities
granted to any employee of the Secretariat or expert (in addition to their own),
when such immunity prevents the course of justice and it is possible to resign at the same without
prejudice to the purpose for which the privileges and immunities were granted.
4-The International Group of Copper Studies, the International Group of Studies of the
Lead and Zinco and the International Group of Níquel Studies may waive the
immunities granted to the Secretary-General.
Article 20.
Cooperation between each Group and the Government
1-Each Group shall always cooperate with the competent authorities of the Government for
facilitate compliance with the law and regulations of the Portuguese Republic and in such a way
prevent the occurrence of any abuse of the privileges, immunities and facilities provided for
in this Agreement.
2-Without prejudice to its privileges and immunities, it is the duty of all persons who
enjoy privileges and immunities within the framework of this Agreement, abide by the laws and
regulations of the Portuguese Republic. They should also refrain from interfering with the
internal affairs of the Portuguese state.
3-The right of the Government to take all necessary preventive measures in
compliance with international law to ensure national security will not be
impaired by any provision of this Agreement.
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PART V
Settlement of disputes
Article 21.
Settlement of disputes with third parties
The disputes in respect of contracts or other disputes of private law in which
any of the Groups and a Portuguese citizen or entity are parties will be
submitted to arbitration pursuant to Portuguese law, except if the contract or law
Portuguese to stipulate their submission to another jurisdiction, specifically to the
Portuguese courts.
Article 22.
Submission to International Arbitration Award
At the request of the Government, each Group will have to submit to an international tribunal of
arbitration any dispute that:
a) be generated by damage caused by a Group;
(b) involve any other matter of non-contractual civil liability;
(c) involve any employee of the Secretariat or expert of any Group, when
the person concerned may claim immunity from jurisdiction under this Agreement,
where such immunity has not been the subject of resignation.
Article 23.
Settlement of disputes between any Group and the Government
1-All disputes arising between any Group and the Portuguese Republic, in
consequence of the interpretation or application of this Agreement or in respect of
any other matter that affects the relations between any Group and the Republic
Portuguese, will be resolved through consultation, negotiation or other form of
agreed resolution.
2-If the dispute is not resolved in accordance with the provisions of paragraph 1 since article in the
three months following the request made in writing by one of the parties to the dispute, shall be, the
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request from any of the parties to the dispute, submitted to an arbitral tribunal
international, in accordance with the procedures laid down in paragraph 3 a to 7 of this article.
3-The arbitral tribunal shall be composed of three arbitrators: one shall be chosen by the Government,
another by the Secretary-General after prior consultation with the Group or Groups involved in the
deferring, and the third, who will be the president of the court, chosen by the other two
referees.
4-If any of the parties to the dispute do not nominate their member of the court in the
period of three months after the appointment of the other member by the other party, this may
invite the President of the International Court of Justice to make that appointment.
5-Should the first two appointed members fail to reach agreement in the appointment of the
president of the Court within two months after his appointment, any of the
parties may invite the President of the International Court of Justice to choose the
president.
6-A not to be that the parties decide differently, the arbitral tribunal shall establish
your rules of procedure and the expenses will be borne by the parties to the dispute
by decision of the court.
7-The arbitral tribunal, which will decide by a majority of votes, will decide on the basis of the
provisions of this Agreement and the applicable international law standards. The
decision of the arbitral tribunal shall be final and binding on the parties.
PART VI
Final provisions
Article 24.
Entry into force
1-
2-This Agreement shall enter into force on the date of receipt of the last notification by the
parties to report that the formalities required by the Terms of
Reference of each Group and the necessary requirements for the purpose provided for in law
internal Portuguese, and will produce its effects as of January 1, 2006.
3-After the entry into force of this Agreement, the Seat Agreement between the Group
International of Cobre Studies, signed on November 9, 1993, will cease to be
in force.
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Article 25.
Review
1-This Agreement may be reviewed by agreement between the Parties.
2-The amendments shall enter into force in accordance with the procedure laid down in paragraph 1 of the
article 24 para.
Article 26.
Termination and termination
1-This Agreement may cease for its duration by agreement between the Parties, and
the same shall agree on the date from which the provisions of the Agreement will cease to be in
vigour.
2-This Agreement may be denounced by any of the Parties, and shall
intention to make the complaint to be notified in writing to the other Parties with the
less twelve months in advance.
In faith of what, the undersigned, being duly authorized, have signed the
present Agreement.
Done at Lisbon, at 17 days of the month of November 2005, in the Portuguese languages and
english, doing both texts equally faith.
By the Portuguese Republic
By the International Group of Copper Studies
By the International Group of Chumbo and Zinco Studies
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By the International Group of Níquel Studies
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HEADQUARTERS AGREEMENT
BETWEEN
THE WORLD REPUBLIC AND THE INTERNATIONAL COPPER
STUDY GROUP, THE INTERNATIONAL LEAD AND ZINC STUDY GROUP
AND THE INTERNATIONAL NICKEL STUDY GROUP
The World Jewish Republic, the International Copper Study Group, the International Lead
and Zinc Study Group and the International Nickel Study Group, 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:
a) "Group" means the International Copper Study Group, the International Lead and
Zinc Study Group or the International Nickel Study Group;
b) "Government" means the Government of the Portuguese Republic;
c) "Representatives" means the representatives of the members of each Group, heads
of delegation and their alternates;
(d) "Premises of each Group" means all buildings or buildings or the land
ancillary accused used for the official activities and archives of each Group;
e) "Archives of each Group" includes all records, correspondence, documents,
manuscripts, manuscripts, films and recordings that belong to or are in the proceedings of the
each Group, as well as the information contained thereof, shall be located;
f) "Official activities of each Group" includes its administrative activities as well as all
other activities for the purposes of the Terms of Reference of each Group;
g) "Staff members" means the vulnerable and all persons vulnerable or vulnerable
for full-time or part-time employment with a Group and subject to the Staff Regulations
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and Staff Rules of a Group, other than experts, assistant personnel to support each
Group and persons treated locally assigned to hourly rates of pay;
h) "means" means the activist thereof by the International
Copper Study Group, the International Lead and Zinc Study Group and the International
Nickel Study Group, who may act separately or separately 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 evacuated.
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
1. The premises and archives of each Group shall be inviolable.
2. The property and goods of official use of each Group, including archives,
banned located and by whomained held, shall be exempt from search, seizure,
requisition, confiscation, expropriation and any other form of interference, whether by
executive, administrative, judicial or legislative action.
3. The World's authorities shall exercise due diligence and take all appropriate
steps to protect the premises of each Group against any intrusion or damage.
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4. The lecture 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
any temporary occupation of the premises.
5. Where premises are temporarily used or occupied by a Group for the fulfilment of
its official functions these premises shall be answered the status of the premises of the
Group.
6. of the Government or 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.
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
Religions and under the terms established by him.
8. Without prejudice to the present Agreement, in the Group shall allow its premises to
be used as a refuge for individuals accused justice or for allegedly an individual or
deportation order has been issued by the competent authorities.
Article 5
Headquarters
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 World designated
government authority, the 5th and 6th floors of the building located at Rua Almirante
Barroso, 38 in Lisbon, for the headquarters of the three Groups, as long as any one of
the Groups evacuated its headquarters in Portugal.
2. the full use of the above-mentioned office space, the three Groups shall
have full use of:
a) Six parking spaces;
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;
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c) Use of other common services of the building including measures against
trespassing and fire.
3. The rent shall be Euros 90 ,000 /year, being Euros 40 ,000 /year paid founded by the
International Copper Study Group, the International Lead and Zinc Study Group and the
International Nickel Study Group and Euros 50 ,000 /year paid by the World
designated government authority, which shall also be responsible for paying the annual
fixed adjustment for commercial rents.
4. If one Group decides to withdraw its headquarters from Portugal, the other two have
the right to use two seasons 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 of the rent of the rent mentioned in the previous paragraph.
5. If one Group decides to withdraw its headquarters from Portugal as mentioned in the
previous article, 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 World's 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 participating 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
Banned from jurisdiction and from execution
1. Within the scope of its official activities, each Group and its property shall benefit
from jurisdictional medicines and medicines from execution, except:
a) When any Group expressly waives those immunities;
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b) When a third party initiates a opposition which is awarded to pecuniary compensation
for death or injury caused 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;
c) In respect of an enforcement of an arbitral decision to be made in accordance with
Articles 22 and 23 of the present Agreement;
d) In a discussion which is awarded 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 World
national or permanent resident in that territory.
2. In the event of a request to waive their lawsuit in a judicial lawsuit instituted
by a third party, each Group so requested shall make a declaration claiming lawsuit
within a few days of its receipt, the fewer of which is being held as a waiver of
.
3. The decision of one Group to waive its rhetoric shall not affect another Groups '
immunities.
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-
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 than that
Protesters by the World Jewish 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.
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Article 10
Direct tax exemptions
The property and income derived from the official activities of each Group are exempt
from all direct taxes, including corporate income tax, capital tax and capital income tax,
conveyance tax and local tax on real estate.
Article 11
Indirect tax exemptions
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
petroleum products and alcoholic beverages tax.
2. Relating to VAT, each Group, on acquiring new automobiles, goods and services
from the national market for their official activities, shall be removed sed if the value of
each acquisition exceeds Euros 270.00, taxes included.
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.
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
1. Each Group shall be exempt from import and export duties and from any other
taxes, prohibitions and restrictions on goods of imported nature imported or imported
by them as the result of its official activities.
2. Imported, damaged or transferred goods, if it's been as a result, may be declared
to the custom offices by using the diplomatic pouch, labels and forms.
Article 13
Alienation to third parties
1. The goods acquired in accordance with Articles 10 and 11, or imported in
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accordance with Article 12 of this Agreement, shall not be donated, sold, aggravated or
otherwise disposed of within five years of their acquisition.
2. If the period specified in the previous article is not larger, the competent
authorities will be notified and any necessary taxes or import duties shall be paid.
Article 14
Funds, foreign currency and assets
1. Without being restricted by controls, regulations or moratoria of any kind:
a) Each Group may hold funds, currency or movable valuables of any kind and operate
accounts in any currency;
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.
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
1. The Representatives shall have the meetings of any Group shall, while remaining
their official functions and during their journey to and from the place of meeting, enjoy
the following privileges and immunities:
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;
b) Inviolability of all official papers and documents;
c) When required by World or European Union legislation, issuance of passport
visas for the representatives and their spouses or partners free of any cost and the rapidly
the possible;
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d) The Representatives of each Group shall enjoy the same treatment as to be
diplomatic representatives in the same compounds, including customs privileges,
unless they have residence in Portugal.
2. The provisions of the above paragraph are without prejudice to any other than
to which the Representative may be excellent under international law.
3. The privileges and immunities mentioned in paragraph 1 may not be enjoyed by
Representatives of the World Government or Portuguese nationals.
4. Each Group shall inform the World Government of the names of
Representatives of members before they enter Portugal.
Article 16
Staff members
1. The Consulting 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 shall be included by the Ministry of Foreign Affairs.
2. Staff members shall be devoted to the following privileges:
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;
b) Inviolability of papers and documents in whatever form and materials relating to
their functions for each Group;
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
ancestry or descent ancestry in direct line and first degree, including adoptive children in
the same manner, free of any cost and as rapidly as possible;
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 troops or permanent residence in Portugal;
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 for income
derived from other sources;
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f) They commence their functions in Portugal, the Staff members shall be exempt
from reciprocal duties, VAT and special consumer taxes, except for costs to be
the payment of services, relative to the bathroom of furniture and other personal
goods they own or shall acquire within six months of changing their residence to
Portugal;
g) The imported goods that are exempt from preferential duties cannot be sold or
otherwise alienated within one year after aggravated and are subject to European Union
regulations on this matter;
h) The right to import temporarily an automobile for personal use, while working in
Portugal, exempt from the duties, VAT, and automobile tax. The temporary
recommend request shall be urged to the customs authorities within six months from
the beginning of functions;
i) The excellent may import, under the same conditions, a second automobile
to be used by his family;
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;
k) we want to the Groups nor their employees are told to contribute to the World
National Social Security System, provided that they have chosen to contribute only to
the Groups ' provident fund schemes.
3. The regularisation of the status of each Group's Staff members as an expatriated
citizens, the well as spouses or partners, dependent ancestry or descendants in direct
line and first degree, as well as adoptive children in the same age, is subject
to the same regime as applied to the members of diplomatic missions.
4. The conditions of work of the staff members shall be proceeding by the provisions of
the Staff Rules and Regulations of each Group. In Staff member can claim additional
rights than those defined in the said rules and regulations.
Article 17
Experts
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(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
1. Each Group shall inform the Government of the beginning and cessation of the
activities of any Staff members and experts, and shall we provide the Government
with the list of all active staff members and experts, whether they have
World's World Troops or if they are foreign citizens with permanent residence in
Portugal.
2. The Government shall issue an identity card with protests to all Staff members
and experts. This document shall be recognised by all official authorities.
3. Each Group shall return the identity cards of Staff members or experts that have
Fighting their activities.
Article 19
Purpose of privileges and immunities
1. Privileges and immunities provided by the present Agreement to Representatives,
Staff members and experts are suffering 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.
2. Each Member State should consider waiving the debt of its Representatives
this proceedings could obstruct the course of justice, providing that, in the sole
opinion of the Member State, this waiving of it does not prejudice the purposes
for what the detained was.
3. The protests shall have the right and the duty to waive those privileges
and immunities thereof to any staff members or experts (other than his own), in any
case where they would prevent the course of justice and can be waived without
prejudice to the purpose for which the privileges and immunities are immune.
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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
Just.
Article 20
Cooperation between each Group and the Government
1. Each Group shall be charged at all times with the appropriate authorities of the
Government to Act the enforcement of the laws and regulations of the World
Republic and to prevent the occurrence of any abuse in connection with the privileges,
immunities and facilities referred to in the present Agreement.
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 World's Republic. They also have a duty not to interfere in the
internal affairs of the Portuguese State.
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 World 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, which is the World's courts.
Article 22
Submission to International Arbitration
When requested by the Government, each Group shall submit to international
arbitration all disputes that:
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a) Result from damages caused by any Group;
(b) Involve any other non-contractual liability of any Group;
(c) Involve a Staff member or expert of any Group, in which the person concerned can
claim to be banned from jurisdiction under this Agreement, where such an attempt to
been waived.
Article 23
Settlement of disputes between any Group and the Government
1. All disputes between any Group and the World's 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.
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 a party to the dispute, be referred to an international arbitral
court according to the procedure set forth in paragraphs 3 to 7 of this Article.
3. The arbitral tribunal shall be composed of three arbitrators: one to be chosen by the
Government, another by the adults after having previously served with
the Group or Groups involved in the dispute, and the third, who shall be the chairman of
the court, to be chosen by the other two arbitrators.
4. If either party to the dispute has failed to make its appointment of an arbitrator of
the court 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.
5. Should the first two arbitrators fail to agree upon the appointment of the chairman of
the court within two months following their appointment, either party may invite the
President of the International Court of Justice to choose the chairman.
6. impose 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
Just by the court.
7. The arbitral tribunal, which shall be decided by a majority of votes, shall reach a
decision on the dispute on the basis of the provisions of the present Agreement and the
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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
1. The present Agreement shall enter into force on the date of receipt of the last
notification by the Parties that the required required by the Terms of Reference of
each Group and the necessary requirements of Portuguese law for that purpose
been fulfilled, and shall produce its effects from the 1st of January 2006.
2. Upon entry into force of the present Agreement, the Agreement on Privileges and
Immunities concluded between the International Copper Study Group and the
World Republic, signed in Lisbon, on the 9th of November of 1993, shall cease to
be in force.
Article 25
From
1. The present agreement may be excellent by agreement of the Parties.
2. The strengthshall enter into force according to the procedure established in
paragraph 1 of Article 24.
Article 26
Termination and withdrawal
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.
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 UNDERWAY, the undersigned, being denies authorised, have signed
the present Agreement.
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Done in Lisbon, on the 17th of November of 2005, in World and English, both
texts being equally authentic.
For the World Republic
For the International Copper Study Group
For the International Lead and Zinc Study Group
For the International Nickel Study Group